Vol. 80 Tuesday, No. 235 December 8, 2015

Pages 76201–76354

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 235

Tuesday, December 8, 2015

Agriculture Department Corporation for National and Community Service See Animal and Plant Health Inspection Service NOTICES See Forest Service Meetings; Sunshine Act, 76279 See National Agricultural Statistics Service See Rural Business-Cooperative Service Defense Department RULES Animal and Plant Health Inspection Service Transition Assistance Program for Military Personnel; NOTICES Correction, 76206 Determinations of Nonregulated Status: NOTICES Monsanto Co.; Maize Genetically Engineered for Meetings: Increased Ear Biomass, 76260–76261 Uniform Formulary Beneficiary Advisory Panel, 76279– Environmental Assessments; Availability, etc.: 76280 J.R. Simplot Co., 76261–76263 Drug Enforcement Administration Bureau of Safety and Environmental Enforcement NOTICES NOTICES Importers of Controlled Substances; Registrations: Agency Information Collection Activities; Proposals, Cambrex Charles City, Charles City, IA, 76311 Submissions, and Approvals: Cody Laboratories, Inc., Cody, WY, 76311–76312 Oil and Gas Production Requirements, 76307–76311 Manufacturers of Controlled Substances; Applications: AMRI Rensselaer, Inc., Rensselaer, NY, 76312 Centers for Disease Control and Prevention Johnson Matthey Pharmaceutical Materials, Inc., Devens, NOTICES MA, 76311 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76291–76292 Energy Department See Federal Energy Regulatory Commission Centers for Medicare & Medicaid Services NOTICES Environmental Protection Agency Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 76292–76294 Air Quality State Implementation Plans; Approvals and Promulgations: Children and Families Administration California; Antelope Valley Air Quality Management NOTICES District, Feather River Air Quality Management Native Americans Program Policies and Procedures: District and Santa Barbara County Air Pollution Request for Public Comment, 76294–76297 Control District, 76222–76225 California; Placer County Air Pollution Control District, Civil Rights Commission 76230–76232 NOTICES California; South Coast Air Quality Management District Meetings: and Yolo-Solano Air Quality Management District, Kansas Advisory Committee, 76264–76265 76219–76222 Massachusetts; Transit System Improvements, 76225– Coast Guard 76230 RULES North Dakota; Update to Materials Incorporated by Safety Zones: Reference, 76211–76219 Shore (Belt) Parkway Bridge Construction, Mill Basin, Truckee Meadows, NV; Deletion of TSP Area Brooklyn, NY, 76206–76209 Designation, 76232–76235 Witt-Penn Bridge Construction, Hackensack River, Jersey PROPOSED RULES City, NJ, 76209–76211 Air Quality State Implementation Plans; Approvals and Special Local Regulations: Promulgations: Recurring Marine Events in the Seventh Coast Guard California; Antelope Valley Air Quality Management District, 76206 District, Feather River Air Quality Management NOTICES District and Santa Barbara County Air Pollution Recreational Boating Safety Projects, Programs, and Control District, 76258–76259 Activities Funded under Provisions of the California; Placer County Air Pollution Control District, Transportation Equity Act for the 21st Century; Fiscal 76258 Year 2015, 76297–76298 California; South Coast Air Quality Management District and Yolo-Solano Air Quality Management District, Commerce Department 76257–76258 See International Trade Administration See National Institute of Standards and Technology Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES NOTICES Airworthiness Directives: Privacy Act; Systems of Records, 76265 Piper Aircraft, Inc. Airplanes, 76201–76205

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Federal Communications Commission Forest Service NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Community Forest and Open Space, 76251–76257 Submissions, and Approvals, 76284–76285 Radio Broadcasting Services: Health and Human Services Department AM or FM Proposals to Change the Community of See Centers for Disease Control and Prevention License, 76283–76284 See Centers for Medicare & Medicaid Services See Children and Families Administration Federal Energy Regulatory Commission NOTICES Homeland Security Department Applications: See Coast Guard Lock(plus) Hydro Friends Fund XII, 76281–76282 Combined Filings, 76280, 76282–76283 Interior Department Environmental Reviews: See Bureau of Safety and Environmental Enforcement Natural Gas Pipeline Co. of America, LLC; Chicago See Fish and Wildlife Service Market Expansion Project, 76280–76281 See Land Management Bureau Initial Market-Based Rate Filings Including Requests for See National Park Service Blanket Section 204 Authorizations: Marshall Wind Energy, LLC, 76281 Internal Revenue Service Preliminary Permit Applications: RULES Albany Engineering Corp., 76283 Qualification of a Transaction as a Corporate Reorganization, etc.; Correction, 76205–76206 Federal Mediation and Conciliation Service NOTICES Fiscal Year 2014 Service Contract Analysis and Inventory, International Trade Administration 76285 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Federal Mine Safety and Health Review Commission or Reviews: Circular Welded Non-Alloy Steel Pipe from the Republic NOTICES of Korea, 76267–76269 Meetings; Sunshine Act, 76285–76286 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, Mexico, and Federal Motor Carrier Safety Administration the Republic of Turkey, 76269 NOTICES Narrow Woven Ribbons with Woven Selvedge from the Qualification of Drivers; Exemption Applications: People’s Republic of China and Taiwan, 76266– Vision, 76345–76349 76267 Silicomanganese from India, 76269–76270 Federal Reserve System Welded Stainless Pressure Pipe from India, 76265–76266 NOTICES Agency Information Collection Activities; Proposals, Justice Department Submissions, and Approvals, 76286–76287 Changes in Bank Control: See Drug Enforcement Administration NOTICES Acquisitions of Shares of a Bank or Bank Holding Proposed Consent Decrees under CERCLA, 76312–76313 Company, 76287–76288 Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 76286 Land Management Bureau Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 76287–76288 Withdrawal of Public Lands and Reserved Federal Minerals to Protect Highly Significant Caves: Federal Retirement Thrift Investment Board Public Land Order No. 7844; New Mexico, 76302–76303 NOTICES Withdrawal of Public Lands for the Protection of the Split Meetings; Sunshine Act, 76288 Rock and Devil’s Gate Interpretive Sites: Public Land Order No. 7843; Wyoming, 76303 Federal Trade Commission NOTICES National Aeronautics and Space Administration Proposed Consent Agreements: NOTICES NXP Semiconductors N.V., 76288–76291 Privacy Act System of Records, 76313–76314

Fish and Wildlife Service National Agricultural Statistics Service RULES NOTICES Endangered and Threatened Species: Agency Information Collection Activities; Proposals, Removal of the Modoc Sucker from the Federal List of Submissions, and Approvals, 76263–76264 Endangered and Threatened Wildlife, 76235–76249 NOTICES National Institute of Standards and Technology Endangered Species Recovery Permit Applications, 76300– NOTICES 76302 Requests for Nominations: Long Range Transportation Plan for U.S. Fish and Wildlife National Institute of Standards and Technology Federal Service Lands in the Southeast Region, 76298–76299 Advisory Committees, 76270–76276

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National Oceanic and Atmospheric Administration Rural Business-Cooperative Service RULES NOTICES Fisheries of the Exclusive Economic Zone off Alaska: Agency Information Collection Activities; Proposals, Reallocation of Pacific Cod in the Bering Sea and Submissions, and Approvals, 76264 Aleutian Islands Management Area, 76250 Fisheries of the Exclusive Economic Zone Off Alaska: Several Groundfish Species in the Bering Sea and Securities and Exchange Commission Aleutian Islands Management Area, 76249–76250 NOTICES NOTICES Applications: Agency Information Collection Activities; Proposals, Nuveen Fund Advisors, LLC, 76338–76343 Submissions, and Approvals, 76277–76278 Meetings; Sunshine Act, 76335 Permits: Orders: Marine Mammals; File No. 15510, 76276–76277 Cancelation of the Registrations of Investment Advisers, Marine Mammals; File No. 16193, 76276 76332–76333 Marine Mammals; File No. 17157, 76278–76279 Self-Regulatory Organizations; Proposed Rule Changes: Marine Mammals; File No. 19439, 76278 NASDAQ Stock Market, LLC, 76335–76338 New York Stock Exchange, LLC, 76343–76344 National Park Service NYSE MKT LLC, 76333–76335 NOTICES Inventory Completions: American Museum of Natural History, New York, NY, Small Business Administration 76304–76305 NOTICES Minnesota Indian Affairs Council, Bemidji, MN, 76305– Disaster Declarations: 76306 Texas, 76344–76345 Ohio History Connection, Columbus, OH, 76303–76304 State Department National Science Foundation NOTICES NOTICES Charter Renewals: Antarctic Conservation Act Permit Applications, 76314 Advisory Committee on International Postal and Delivery Antarctic Conservation Act Permits, 76314 Meetings: Services, 76345 Astronomy and Astrophysics Advisory Committee, 76314 Transportation Department Nuclear Regulatory Commission See Federal Aviation Administration NOTICES See Federal Motor Carrier Safety Administration Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 76325–76330 Exemptions: Treasury Department Virgil C. Summer Nuclear Station, Units 2 and 3; South See Internal Revenue Service Carolina Electric and Gas Co., 76330–76332 Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 76314– Separate Parts In This Issue 76324 Meetings: Part II Atomic Safety and Licensing Board Florida Power and Presidential Documents, 76351–76353 Light Co.; Turkey Point Nuclear Generating Units 3 and 4; Hearing, 76324–76325

Personnel Management Office Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, and notice Hispanic Council on Federal Employment, 76332 of recently enacted public laws. Presidential Documents To subscribe to the Federal Register Table of Contents PROCLAMATIONS LISTSERV electronic mailing list, go to http:// Special Observances: listserv.access.gpo.gov and select Online mailing list Honoring the Victims of the Attack in San Bernardino, archives, FEDREGTOC-L, Join or leave the list (or change California (Proc. 9377), 76351–76353 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: 9377...... 76353 14 CFR 39...... 76201 26 CFR 1...... 76205 32 CFR 88...... 76206 33 CFR 100...... 76206 165 (2 documents) ...... 76206, 76209 36 CFR Proposed Rules: 230...... 76251 40 CFR 52 (6 documents) ...... 76211, 76219, 76222, 76225, 76230, 76232 81...... 76232 Proposed Rules: 52 (3 documents) ...... 76257, 76258 50 CFR 17...... 76235 679 (2 documents) ...... 76249, 76250

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Rules and Regulations Federal Register Vol. 80, No. 235

Tuesday, December 8, 2015

This section of the FEDERAL REGISTER this referenced service information at Comments contains regulatory documents having general the FAA, Small Airplane Directorate, We gave the public the opportunity to applicability and legal effect, most of which 901 Locust, Kansas City, Missouri participate in developing this AD. The are keyed to and codified in the Code of 64106. For information on the following presents the comments Federal Regulations, which is published under availability of this material at the FAA, 50 titles pursuant to 44 U.S.C. 1510. received on the NPRM (80 FR 15171, call (816) 329–4148. March 23, 2015) and the FAA’s response The Code of Federal Regulations is sold by Examining the AD Docket to each comment. the Superintendent of Documents. Prices of new books are listed in the first FEDERAL You may examine the AD docket on Request for Local Fabrication of the REGISTER issue of each week. the Internet at http:// Required Warning Placard www.regulations.gov by searching for Edward Rognerud and an anonymous and locating Docket No. FAA–2015– commenter requested that the AD be DEPARTMENT OF TRANSPORTATION 0627; or in person at the Docket written to allow for the local fabrication Management Facility between 9 a.m. Federal Aviation Administration of the required warning placard as long and 5 p.m., Monday through Friday, as it contains the exact warning text except Federal holidays. The AD docket 14 CFR Part 39 mandated by the service information contains this AD, the regulatory and is printed in 8-point type. The [Docket No. FAA–2015–0627; Directorate evaluation, any comments received, and anonymous commenter also requested Identifier 2015–CE–002–AD; Amendment other information. The address for the that the AD allow for the installation of 39–18337; AD 2015–24–05] Docket Office (phone: 800–647–5527) is the warning placard onto the instrument Document Management Facility, U.S. RIN 2120–AA64 panel at any location that does not Department of Transportation, Docket obscure existing controls, instruments, Airworthiness Directives; Piper Operations, M–30, West Building or markings and is in clear view of the Aircraft, Inc. Airplanes Ground Floor, Room W12–140, 1200 pilot. New Jersey Avenue SE., Washington, AGENCY: Federal Aviation DC 20590. The commenters requested this Administration (FAA), DOT. change as a means of controlling the FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. cost of compliance without Ansel James, Aerospace Engineer, compromising safety. SUMMARY: We are adopting a new Atlanta Aircraft Certification Office, We agree with the commenters that airworthiness directive (AD) for certain FAA, 1701 Columbia Avenue, College local fabrication of the warning placard Piper Aircraft, Inc. Models PA–23–250, Park, Georgia 30337; telephone: (404) may be necessary if the shape of the PA–24–250, PA–24–260, PA–24–400, 474–5576; fax: (404) 474–5606; email: placard available from Piper Aircraft, PA–30, PA–31, PA–31–300, PA–31P, [email protected]. Inc. does not fit on the instrument PA–39, and PA–E23–250 airplanes. This SUPPLEMENTARY INFORMATION: panel. The service information contains AD was prompted by an accident the exact text, font size, and installation caused by fuel starvation where the Discussion restrictions necessary for the local shape of the wing fuel tanks and fuel We issued a notice of proposed fabrication of a compliant placard. below a certain level in that tank may rulemaking (NPRM) to amend 14 CFR Paragraph (g)(2) of the proposed AD have allowed the fuel to move away part 39 by adding an AD that would included instructions to fabricate and from the tank outlet during certain apply to certain Piper Aircraft, Inc. install the placard. This implied that the maneuvers. This AD requires installing Models PA–23–250, PA–24–250, PA– placard can only be fabricated if the a fuel system management placard on 24–260, PA–24–400, PA–30, PA–31, placard available from Piper Aircraft, the airplane instrument panel and PA–31–300, PA–31P, PA–39, and PA– Inc. does not fit on the instrument adding text to the Limitations Section of E23–250 airplanes. The NPRM panel. the pilot’s operating handbook (POH)/ published in the Federal Register on We revised the AD as requested to airplane flight manual (AFM). We are March 23, 2015 (80 FR 15171). The allow for the fabrication of the placard issuing this AD to correct the unsafe NPRM was prompted by an accident following the instructions in the service condition on these products. caused by fuel starvation where the information under any condition. DATES: This AD is effective January 12, shape of the wing fuel tanks and fuel Request for Local Fabrication of the 2016. below a certain level in that tank may Supplemental Page for Updating of the The Director of the Federal Register have allowed the fuel to move away Aircraft’s POH/AFM approved the incorporation by reference from the tank outlet during certain of a certain publication listed in this AD maneuvers. The NPRM proposed to Edward Rognerud and an anonymous as of January 12, 2016. require installing a fuel system commenter requested the updating of ADDRESSES: For service information management placard on the airplane the airplane’s POH/AFM by inserting a identified in this AD, contact Piper instrument panel and adding text to the locally fabricated supplemental page Aircraft, Inc., Customer Service, 2926 Limitations Section of the pilot’s into the Limitation Section as an Piper Drive, Vero Beach, Florida 32960; operating handbook (POH)/airplane alternative to inserting a supplemental telephone: (877) 879–0275; fax: none; flight manual (AFM). We are issuing page bought from Piper Aircraft, Inc. We email: [email protected]; this AD to correct the unsafe condition infer the commenter’s meaning to be Internet: www.piper.com. You may view on these products. that a locally fabricated supplemental

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page will meet the requirements of the installation of the placard following the 15171, March 23, 2015) for correcting AD. instructions in the service bulletin can the unsafe condition; and The commenters requested this be done by the owner/operator with at • Do not add any additional burden change as a means of controlling the least a private pilot certificate. upon the public than was already cost of compliance without We revised the AD as requested. proposed in the NPRM (80 FR 15171, compromising safety. March 23, 2015). Request Withdrawal of the NPRM We agree with the commenters that We also determined that these compliance can be shown with Jeffrey Aryan commented that the changes will not increase the economic paragraph (h)(3) of the AD by inserting proposed AD is not appropriate. The burden on any operator or increase the into the Limitations Section of the POH/ commenter also wrote that the proposed scope of this AD. AFM a locally made supplemental page AD would add a more cumbersome Related Service Information Under 1 containing the applicable placard text or display to an already crowded flight CFR Part 51 a supplemental page procured from deck. We infer that the commenter Piper Aircraft, Inc. requested withdrawal of the NPRM. We reviewed Piper Aircraft, Inc. We revised the AD as requested. We disagree. The FAA evaluated all Service Bulletin No. 1266, dated relevant information and determined December 16, 2014. Piper Aircraft, Inc. Request Private Pilot Certificate as a that the addition of the placard to the Service Bulletin No. 1266, dated Minimum Credential for AD Signoff in instrument panel and the supplemental December 16, 2014, calls for/describes Logbook pages to the Limitations Section of the actions for, when necessary, installing An anonymous commenter requested POH/AFM will address the unsafe the correct fuel warning placard on the a private pilot certificate as a minimum condition identified in the AD. instrument panel and adding correct credential for AD signoff in airplane’s We made no change to the AD as a text of that fuel warning placard in the logbook. The anonymous commenter result of this comment. Limitations Section of the POH/AFM. requested this change to control cost of This information is reasonably available Conclusion compliance without compromising because the interested parties have safety. We reviewed the relevant data, access to it through their normal course We agree with the anonymous considered the comments received, and of business or by the means identified commenter. We determined that the determined that air safety and the in the ADDRESSES section of this AD. installation of a purchased or locally public interest require adopting this AD fabricated supplemental page into the with the changes described previously Costs of Compliance POH/AFM can be done by the owner/ and minor editorial changes. We have We estimate that this proposed AD operator with at least a private pilot determined that these minor changes: affects 3,000 airplanes of U.S. registry. certificate. We have also determined • Are consistent with the intent that We estimate the following costs to that the local fabrication and was proposed in the NPRM (80 FR comply with this AD:

ESTIMATED COSTS

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

Inspection to determine if placard, if in- .5 work-hour × $85 per hour = $42.50 ..... Not Applicable ...... $42.50 $127,500 stalled, and Limitations Section of the POH/AFM are compliant with Piper Air- craft, Inc. Service Bulletin No. 1266, dated December 16, 2014.

We estimate the following costs to do based on the results of the inspection. necessary placard/POH/AFM order and any necessary placard/POH/AFM order We have no way of determining the installation: and installation that would be required number of airplanes that might need any

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Order and install replacement placard ...... 1 work-hour × $85 per hour = $85 ...... $40 $125 Order updated POH/AFM and install updated pages .. .5 work-hour × $85 per hour = $42.50 ...... 300 342.50

Authority for This Rulemaking We are issuing this rulemaking under safety in air commerce. This regulation the authority described in Subtitle VII, is within the scope of that authority Title 49 of the United States Code Part A, Subpart III, Section 44701: because it addresses an unsafe condition specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that that is likely to exist or develop on rules on aviation safety. Subtitle I, section, Congress charges the FAA with products identified in this rulemaking section 106, describes the authority of promoting safe flight of civil aircraft in action. the FAA Administrator. Subtitle VII: air commerce by prescribing regulations Aviation Programs, describes in more Regulatory Findings for practices, methods, and procedures detail the scope of the Agency’s This AD will not have federalism the Administrator finds necessary for authority. implications under Executive Order

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13132. This AD will not have a under the criteria of the Regulatory § 39.13 [Amended] substantial direct effect on the States, on Flexibility Act. ■ the relationship between the national 2. The FAA amends § 39.13 by adding List of Subjects in 14 CFR Part 39 government and the States, or on the the following new airworthiness distribution of power and Air transportation, Aircraft, Aviation directive (AD): responsibilities among the various safety, Incorporation by reference, 2015–24–05 Piper Aircraft, Inc. Airplanes: levels of government. Safety. Amendment 39–18337; Docket No. For the reasons discussed above, I Adoption of the Amendment FAA–2015–0627; Directorate Identifier certify that this AD: 2015–CE–002–AD. Accordingly, under the authority (1) Is not a ‘‘significant regulatory delegated to me by the Administrator, (a) Effective Date action’’ under Executive Order 12866, the FAA amends 14 CFR part 39 as This AD is effective January 12, 2016. (2) Is not a ‘‘significant rule’’ under follows: DOT Regulatory Policies and Procedures (b) Affected ADs (44 FR 11034, February 26, 1979), PART 39—AIRWORTHINESS None. (3) Will not affect intrastate aviation DIRECTIVES in Alaska, and (c) Applicability (4) Will not have a significant ■ 1. The authority citation for part 39 This AD applies to the following Piper economic impact, positive or negative, continues to read as follows: Aircraft, Inc. airplanes, certificated in any on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. category:

Model Serial No.

PA–23–250 (Six Place) Aztec ‘‘B’’ ...... 27–2322 through 27–2504, FUEL INJECTED ONLY PA–23–250 (Six Place) and PA–E23–250 (Six Place) 27–2505 through 27–4866, 27–7304917 through 27–7405476 Aztec ‘‘C,’’ ‘‘D’’ and ‘‘E’’. PA–24–250 Comanche ...... 24–2563, 24–2844 through 24–3641, 24–3643 through 24–3687, FUEL INJECTED ONLY PA–24–260 Comanche ...... 24–3642, 24–4000 through 24–4299, 24–4300 through 24–4782, 24–4784 through 24–4803, FUEL INJECTED ONLY PA–24–260 Comanche ‘‘C’’ ...... 24–4783, 24–4804 through 24–5047 PA–24–400 Comanche ...... 26–1 through 26–148 PA–30 Twin Comanche ...... 30–1 through 30–2000 PA–31 and PA–31–300 Navajo ...... 31–2 to 31–861, 31–7300901 through 31–7300923, 31–7300925, 31–7300927, 31– 7300929, 31–7300931 PA–31P Navajo ...... 31P–1 through 31P–80, 31P–7300110 through 31P–7300115 PA–39 Twin Comanche C/R ...... 39–1 through 39–155

(d) Subject December 16, 2014, then no further action exact text found in Table 2 of Piper Aircraft, Joint Aircraft System Component (JASC)/ regarding the placard is required. Inc. Mandatory Service Bulletin No. 1266, Air Transport Association (ATA) of America (2) If the fuel warning placard is not dated December 16, 2014, then revise the present or not compliant with the POH/AFM by inserting into the Limitations Code 1130, PLACARDS AND MARKINGS; Instructions section of Piper Aircraft, Inc. Section of the POH/AFM a fabricated Interior Placards. Mandatory Service Bulletin No. 1266, dated supplemental page containing the applicable (e) Unsafe Condition December 16, 2014, then order the applicable placard text from the Appendix to this AD or placard from Piper Aircraft, Inc. at the a supplemental page obtained from Piper This AD was prompted by an accident address identified in paragraph (l)(3) of this Aircraft, Inc. at the address identified in caused by fuel starvation where the shape of AD. Alternatively, you may fabricate the paragraph (l)(3) of this AD. the wing fuel tanks and fuel below a certain applicable fuel warning placard following the level in that tank may have allowed the fuel Instructions section of Piper Aircraft, Inc. (i) Pilot Authorization to move away from the tank outlet during Mandatory Service Bulletin No. 1266, dated In addition to the provisions of 14 CFR certain maneuvers. We are issuing this AD to December 16, 2014. Install the fabricated fuel 43.3 and 43.7, the actions required by prevent loss of engine power due to fuel warning placard or the fuel warning placard paragraphs (g) and (h) of this AD, to include starvation. This condition, if not corrected, obtained from Piper Aircraft, Inc. following all subparagraphs, may be performed by the could lead to loss of engine power or engine the Instructions section of Piper Aircraft, Inc. owner/operator (pilot) holding at least a shutdown, which may result in loss of Mandatory Service Bulletin No. 1266, dated private pilot certificate and must be entered control. December 16, 2014. into the airplane records showing (f) Compliance compliance with this AD in accordance with (h) Pilot’s Operating Handbook (POH)/ 14 CFR 43.9 (a)(1)–(4) and 14 CFR Unless already done, within the next 50 Airplane Flight Manual (AFM) Inspection 91.417(a)(2)(v). The record must be hours time-in-service (TIS) after January 12, (1) Inspect the Limitations Section of the maintained as required by 14 CFR 91.417. 2016 (the effective date of this AD), do the applicable POH/AFM following the This authority is not applicable to airplanes actions in paragraphs (g) and (h) of this AD, Instructions section of Piper Aircraft, Inc. being operated under 14 CFR part 119. as applicable, including all subparagraphs. Mandatory Service Bulletin No. 1266, dated December 16, 2014. (j) Alternative Methods of Compliance (g) Fuel Warning Placard Inspection (2) If the Limitations Section of the (AMOCs) (1) Inspect the fuel warning placard, if applicable POH/AFM contains the exact text (1) The Manager, Atlanta Aircraft existing, following the Instructions section, found in table 2 of Piper Aircraft, Inc. Certification Office (ACO), FAA, has the of Piper Aircraft, Inc. Mandatory Service Mandatory Service Bulletin No. 1266, dated authority to approve AMOCs for this AD, if Bulletin No. 1266, dated December 16, 2014. December 16, 2014, there is no need for a requested using the procedures found in 14 If the placard is present and compliant with POH/AFM revision. CFR 39.19. In accordance with 14 CFR 39.19, the Instructions section of Piper Aircraft, Inc. (3) If the Limitations Section of the send your request to your principal inspector Mandatory Service Bulletin No. 1266, dated applicable POH/AFM does not contain the or local Flight Standards District Office, as

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appropriate. If sending information directly fax: (404) 474–5606; email: ansel.james@ Piper Aircraft, Inc., Customer Service, 2926 to the manager of the ACO, send it to the faa.gov. Piper Drive, Vero Beach, Florida 32960; telephone: (877) 879–0275; fax: none; email: attention of the person identified in (l) Material Incorporated by Reference paragraph (j)(1) of this AD. [email protected]; Internet: (2) Before using any approved AMOC, (1) The Director of the Federal Register www.piper.com. approved the incorporation by reference notify your appropriate principal inspector, (4) You may view this service information (IBR) of the service information listed in this at FAA, Small Airplane Directorate, 901 or lacking a principal inspector, the manager paragraph under 5 U.S.C. 552(a) and 1 CFR Locust, Kansas City, Missouri 64106. For of the local flight standards district office/ part 51. information on the availability of this certificate holding district office. (2) You must use this service information material at the FAA, call (816) 329–4148. (k) Related Information as applicable to do the actions required by (5) You may view this service information this AD, unless the AD specifies otherwise. that is incorporated by reference at the For more information about this AD, (i) Piper Aircraft, Inc. Service Bulletin No. National Archives and Records contact Ansel James, Aerospace Engineer, 1266, dated December 16, 2014. Administration (NARA). For information on Atlanta Aircraft Certification Office, FAA, (ii) Reserved. the availability of this material at NARA, call 1701 Columbia Avenue, College Park, (3) For Piper Aircraft, Inc. service 202–741–6030, or go to: http://www.archives. Georgia 30337; telephone: (404) 474–5576; information identified in this AD, contact gov/federal-register/cfr/ibr-locations.html.

APPENDIX TO AD 2015–24–05—MODELS AFFECTED/MODEL SERIAL NUMBERS/APPLICABLE TEXT FOR SUPPLEMENTAL PAGE TO PILOT’S OPERATING HANDBOOK (POH)/AIRPLANE FLIGHT MANUAL (AFM)

Placard text for limitations section Models affected Model serial No. of the POH/AFM

PA–24–250 Comanche with fuel injection ...... 24–2563, 24–2844 through 24–3641, 24– WARNING—UNCOORDINATED MANEU- 3643 through 24–3687. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANK IN USE IS LESS THAN 1⁄2 FULL. PA–24–260 Comanche with fuel injection ...... 24–3642, 24–4000 through 24–4299, 24– WARNING—UNCOORDINATED MANEU- 4300 through 24–4782, 24–4784 through VERS, INCLUDING SIDE SLIPS OF 30 24–4803. SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANK IN USE IS LESS THAN 1⁄2 FULL. PA–24–260 ‘‘C’’ Comanche ...... 24–4783, 24–4804 through 24–5047 ...... WARNING—UNCOORDINATED MANEU- VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANK IN USE IS LESS THAN 1⁄2 FULL. PA–24–400 Comanche ...... 26–1 through 26–148 ...... WARNING—UNCOORDINATED MANEU- VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANK IN USE IS NOT FULL. PA–31 & PA–31–300 Navajo ...... 31–2 to 31–861, 31–7300901 through 31– WARNING—UNCOORDINATED MANEU- 7300923, 31–7300925, 31–7300927, 31– VERS, INCLUDING SIDE SLIPS OF 30 7300929, 31–7300931. SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 3⁄4 FULL. PA–31P Navajo...... 31P–1 through 31P–80, 31P–7300110 WARNING—UNCOORDINATED MANEU- through 31P–7300115. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 3⁄4 FULL. PA–23–250 (six place) Aztec B with fuel injec- 27–2322 through 27–2504 ...... WARNING—UNCOORDINATED MANEU- tion. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄2 FULL.

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APPENDIX TO AD 2015–24–05—MODELS AFFECTED/MODEL SERIAL NUMBERS/APPLICABLE TEXT FOR SUPPLEMENTAL PAGE TO PILOT’S OPERATING HANDBOOK (POH)/AIRPLANE FLIGHT MANUAL (AFM)—Continued

Placard text for limitations section Models affected Model serial No. of the POH/AFM

PA–23–250 (six place) Aztec ‘‘C’’ PA–E23–250 27–2505 through 27–3836, 27–3838 through WARNING—UNCOORDINATED MANEU- (six place) Aztec ‘‘C’’. 27–3943. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄2 FULL. PA–23–250 (six place) Aztec ‘‘D’’ PA–E23–250 27–3837, 27–3944 through 27–4425, 27– WARNING—UNCOORDINATED MANEU- (six place) Aztec ‘‘D’’. 4427 through 27–4573. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄2 FULL. PA–23–250 (six place) Aztec ‘‘E’’ PA–E23–250 27–4426, 27–4574 through 27–7405476 ...... WARNING—UNCOORDINATED MANEU- (six place) Aztec ‘‘E’’. VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄2 FULL. PA–30 Twin Comanche ...... 30–1 through 30–2000 ...... WARNING—UNCOORDINATED MANEU- VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄4 FULL. PA–39 Twin Comanche ...... 39–1 through 39–155 ...... WARNING—UNCOORDINATED MANEU- VERS, INCLUDING SIDE SLIPS OF 30 SECONDS OR MORE, FOR ANY REA- SON, AND FAST TAXI TURNS JUST PRIOR TO TAKEOFF CAN CAUSE LOSS OF POWER IF FUEL TANKS IN USE ARE LESS THAN 1⁄4 FULL.

Issued in Kansas City, Missouri, on 9739) that provide guidance regarding Correction of Publication November 24, 2015. the qualification of a transaction as a Accordingly, 26 CFR part 1 is Pat Mullen, corporate reorganization under section amended by making the following Acting Manager, Small Airplane Directorate, 368(a)(1)(F), and which were published correcting amendments: Aircraft Certification Service. in the Federal Register on Monday, [FR Doc. 2015–30633 Filed 12–7–15; 8:45 am] September 21, 2015 (80 FR 56904). PART 1—INCOME TAXES BILLING CODE 4910–13–P DATES: This correction is effective December 8, 2015 and applicable ■ Paragraph 1. The authority citation September 21, 2015. for part 1 continues to read in part as DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: follows: Douglas C. Bates at (202) 317–6065 (not Authority: 26 U.S.C. 7805 * * * Internal Revenue Service a toll-free number). ■ Par. 2. Section 1.368–2 is amended by SUPPLEMENTARY INFORMATION: revising the last sentence of paragraph 26 CFR Part 1 Background (m)(4) Example 5. and revising the third [TD 9739] sentence of Example 7. to read as The final regulations (TD 9739) that follows: RIN 1545–BF51; 1545–BM78 are the subject of this correction are under section 367 and 368 of the § 1.368–2 Definition of terms. Reorganizations Under Section Internal Revenue Code. * * * * * 368(a)(1)(F); Section 367(a) and Certain Need for Correction (m) * * * Reorganizations Under Section (4) * * * 368(a)(1)(F); Correction As published, the final regulation (TD Example 5. * * * The result would be the 9739) contains errors that may prove to same with respect to qualification under AGENCY: Internal Revenue Service (IRS), be misleading and are in need of section 368(a)(1)(F) if, instead of merging into Treasury. clarification. S2, S1 completely liquidates or is deemed to ACTION: Correcting amendment. liquidate by reason of a conversion in an List of Subjects in 26 CFR Part 1 entity disregarded as separate from its owner SUMMARY: This document contains Income taxes, Reporting and under § 301.7701–3 of this chapter. corrections to final regulations (TD recordkeeping requirements. * * * * *

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Example 7. * * * Each of T, P, and S is DEPARTMENT OF HOMELAND other Federal, State, or local law a State A corporation engaged in a SECURITY enforcement agencies in enforcing this manufacturing business. regulation. * * * * * Coast Guard This document is issued under authority of 33 CFR 100.701 and 5 Martin V. Franks, 33 CFR Part 100 U.S.C. 552 (a). Chief, Publications and Regulations Branch, The Coast Guard will provide notice [Docket No. USCG–2015–0783] Legal Processing Division, Associate Chief of the regulated areas by Local Notice to Counsel (Procedure and Administration). Special Local Regulations; Recurring Mariners, Broadcast Notice to Mariners, [FR Doc. 2015–30869 Filed 12–7–15; 8:45 am] Marine Events in the Seventh Coast and on-scene designated BILLING CODE 4830–01–P Guard District representatives. Dated: November 10, 2015. AGENCY: Coast Guard, DHS. G.L. Tomasulo, ACTION: Notice of enforcement. Captain, U.S. Coast Guard, Captain of the DEPARTMENT OF DEFENSE SUMMARY: The Coast Guard will enforce Port Charleston. [FR Doc. 2015–30908 Filed 12–7–15; 8:45 am] Office of the Secretary the regulation pertaining to the Charleston Parade of Boats from 4:00 BILLING CODE 9110–04–P p.m. through 8:00 p.m. on December 12, 32 CFR Part 88 2015. This action is necessary to ensure safety of life on navigable waters of the DEPARTMENT OF HOMELAND [Docket ID: DOD–2013–OS–0236] United States during the Charleston SECURITY Parade of Boats. During the enforcement Coast Guard RIN 0790–AJ17 period, the special local regulation establishes a regulated area which will 33 CFR Part 165 Transition Assistance Program (TAP) prohibit all people and vessels from for Military Personnel; Correction entering. Vessels may enter, transit [Docket Number USCG–2014–1044] through, anchor in, or remain within the RIN 1625–AA00 AGENCY: Under Secretary of Defense for area if authorized by the Captain of the Personnel and Readiness, DoD. Port Charleston or a designated Safety Zone; Shore (Belt) Parkway representative. ACTION: Interim final rule; correction. Bridge Construction, Mill Basin; DATES: The Charleston Parade of Boats Brooklyn, NY SUMMARY: On Monday, November 30, regulation in 33 CFR 100.701 will be AGENCY: Coast Guard, DHS. enforced from 4:00 p.m. through 8:00 2015 (80 FR 74678–74694), the ACTION: Final rule. Department of Defense published an p.m. December 12, 2015. interim final rule titled Transition FOR FURTHER INFORMATION CONTACT: If SUMMARY: The Coast Guard is Assistance Program (TAP) for Military you have questions on this rule, call or establishing a safety zone on the Personnel. Subsequent to the email LT John Downing, Sector navigable waters of Mill Basin publication of the interim final rule, the Charleston Office of Waterways surrounding the Shore (Belt) Parkway Department of Defense discovered that Management, Coast Guard; telephone Bridge. This rule allows the Coast Guard to prohibit all vessel traffic through the the phone number in the FOR FURTHER 843–740–3184, email John.Z.Downing@ uscg.mil. safety zone during bridge replacement INFORMATION CONTACT section was not operations, both planned and correct. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local unforeseen, that could pose an DATES: This correction is effective on regulation for the Charleston Parade of imminent hazard to persons and vessels December 8, 2015. Boats in 33 CFR 100.701 Table 1 from operating in the area. This rule is 4:00 p.m. through 8:00 p.m. on necessary to provide for the safety of life FOR FURTHER INFORMATION CONTACT: Ron December 12, 2015. in the vicinity of the construction of the Horne, 703–614–8631. Under the provisions of 33 CFR new Shore (Belt) Parkway Bridge and SUPPLEMENTARY INFORMATION: On page 100.701 no vessels or people may enter demolition of the old Shore (Belt) Parkway Bridge. 74679, in the first column, the FOR the regulated area, unless it receives FURTHER INFORMATION CONTACT section is permission to do so from the Captain of DATES: This rule is effective January 7, revised to correct the phone number to the Port. Only event sponsors, 2016. read as set forth above. designated participants, and official ADDRESSES: To view documents patrol vessels are allowed to enter the mentioned in this preamble as being Dated: December 2, 2015. regulated area. This rule creates a available in the docket, go to http:// Aaron Siegel, regulated area that will encompass a www.regulations.gov, type USCG–2014– Alternate OSD Federal Register Liaison portion of the waterways during the 1044 in the ‘‘SEARCH’’ box and click Officer, Department of Defense. parade transit from Charleston Harbor ‘‘SEARCH.’’ Click on Open Docket [FR Doc. 2015–30839 Filed 12–7–15; 8:45 am] Anchorage A through Bennis Reach, Folder on the line associated with this BILLING CODE 5001–06–P Horse Reach, Hog Island Reach, Town rule. Creek Lower Reach, Ashley River, and FOR FURTHER INFORMATION CONTACT: If finishing at City Marina. Spectator you have questions on this rule, call or vessels may transit outside the regulated email Mr. Jeff Yunker, Coast Guard area, but may not anchor, block, loiter Sector New York Waterways in, or impede the transit of parade Management Division, U.S. Coast Guard participants or official patrol vessels. 718–354–4195, email Jeff.M.Yunker@ The Coast Guard may be assisted by uscg.mil.

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SUPPLEMENTARY INFORMATION: existing work plan will only require an 1 requires that, ‘‘All work shall be so approximate 30-minute channel closure, conducted that the free navigation of the I. Table of Abbreviations approximately July through August, waterway is not unreasonably interfered CFR Code of Federal Regulations during steel erection. This is similar to with and the present navigable depths COTP Captain of the Port the steel erection procedures and are not impaired. Timely notice of any DHS Department of Homeland Security channel closures in use at the Shore and all events that may affect navigation E.O. Executive Order shall be given to the District FR Federal Register (Belt) Parkway Bridge replacement LNM Local Notice to Mariners project over Gerritsen Inlet, Commander during construction of the nm Nautical miles approximately 1.2 nm to the southwest. bridge’’. NPRM Notice of proposed rulemaking Upon completion of the new bridge, 7. Failure to address the fact that NYC NYC DOT New York City Department of channel closures during demolition of DOT operations are subordinate to the Transportation the existing bridge are scheduled during USCG’s obligations to keep access to the Pub. L. Public Law the winter of 2016–2017. NYC DOT navigable waterways of the United § Section States free from obstruction and U.S.C. United States Code must still submit channel closure requests to USCG Sector New York for interference and not vice-versa. II. Background Information and final approval. Enforcement times may The bridge is being constructed under Regulatory History last longer than 30 minutes during the authority of a bridge permit issued by the USCG. The safety zone is being On Friday, March 13, 2015 the Coast demolition of the existing Shore (Belt) established under the Federal Guard published a NPRM titled, ‘‘Safety Parkway Bridge. authorities listed in the Regulatory text. Zone; Shore (Belt) Parkway Bridge 2. Failure to ensure that entry and NYC DOT must still submit channel Construction, Mill Basin, Brooklyn, NY’’ egress to Mill Basin is available in closure requests to USCG Sector New in the Federal Register (80 FR 13309). advance of a named storm in order to York for final approval. However, USCG There we stated why we issued the take refuge and be hauled out at a boat Bridge Permit 5–09–1 states, ‘‘Issuance NPRM, and invited comments on our yard. of this permit does not relieve the proposed regulatory action related to Entry and egress to Mill Basin will be permittee of the obligation or this bridge construction. During the available in advance of a named storm. responsibility for compliance with the comment period that ended May 12, 3. Failure to require at least two 2015, we received one comment. No weeks prior notice of pending closures provisions of any other law or public meetings were requested or held. to Mill Basin users. regulation as may be under the NYC DOT will provide at least two jurisdiction of any federal, state or local III. Legal Authority and Need for Rule weeks’ notice prior to pending channel authority having cognizance of any The Coast Guard is issuing this rule closures. NYC DOT has established a aspect of the location, construction or under authority in 33 U.S.C. 1231; 50 community relations liaison position for maintenance of said bridge’’. U.S.C. 191; 33 CFR 1.05–1, 6.04–1, this project as they have for the Shore 8. Failure to require the least 6.04–6, and 160.5; Department of (Belt) Parkway Bridge replacement burdensome restriction of access Homeland Security Delegation No. project over Gerritsen Inlet. Persons possible. 0170.1. The COTP New York has requesting to be added to the liaison’s See our response in paragraphs 1 and determined that potential hazards notification list for project updates may 6 above as to how channel closures are associated with the bridge construction email SevenBeltBridgesOutreach@ limited during this project. may occur within a 200-yard radius of gmail.com or call 347–702–6430 9. Failure to have a ‘‘sun set’’ the bridge. The purpose of this rule is extension 114. Additional project provision in the rule which clarifies the to ensure safety of vessels, workers, and information is available at https://www. temporary right to direct Mill Basin the navigable waters in the safety zone facebook.com/beltparkway and http:// waterway closures. associated with the bridge construction www.nyc.gov/html/dot/downloads/pdf/ As stated in the NPRM (Discussion of operations. beltpkwybrgs_eng.pdf. Proposed Rule), the current construction 4. Failure to prohibit or significantly completion date for the Shore (Belt) IV. Discussion of Comments, Changes, limit closures from May through Parkway Bridge Replacement work over and the Rule October during high recreational traffic Mill Basin is 2021. Not publishing a As noted above, we received one in Mill Basin. contract completion date in the comment on our NPRM published In actuality, channel closures are Regulatory text allows the USCG to March 13, 2015. In response, there are limited during this project. See our enforce the safety zone if there are any two changes in the regulatory text of response in paragraph 1 above. unforeseen circumstances that prevents this rule from the published NPRM. 5. Failure to restrict NYC DOT the contractors from finishing the A representative of Miramar Yacht operations which create or are at risk of project on time. If a contract completion Club, located on Sheepshead Bay, NY, creating an imminent hazard to Mill date (‘‘sun set provision’’) was submitted a comment identifying nine Basin users or limit vessel access when published in the Regulatory text and the issues to the proposed rulemaking. vessel traffic is least affected. project was not completed on time, then Many of the omissions cited by Miramar In actuality, channel closures are publication of an additional Temporary Yacht Club occurred due to the limited limited during this project. See our Final Rule would have been required construction schedule timeline in response in paragraph 1 above. that in all likelihood would not have possession of the Coast Guard at the 6. Failure to require NYC DOT to provided a public comment period. time the proposed rulemaking was establish and maintain a construction Once the bridge project is complete, the published. The nine issues are as schedule which minimizes and USCG will disestablish this regulation follows: mitigates interference with vessel access via a Direct Final Rule. 1. Failure to require entry and egress to, from, and through Mill Basin. As a result of the comment we to Mill Basin at least 3–4 days every In actuality, channel closures are received, we are making the following week during daylight hours. limited during this project. See our two changes to the regulatory text: Access to Mill Basin will be provided response in paragraph 1 above. In 1. This regulation is assigned the daily during daylight hours. The addition, the USCG Bridge Permit 5–09– permanent section number of 33 CFR

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165.161, instead of the temporary operations of the old Shore (Belt) about this rule or any policy or action section number of 33 CFR 165.T01–1044 Parkway Bridge. Moreover, the Coast of the Coast Guard. as published in the NPRM. This is Guard will issue a District One Local C. Collection of Information because we did not provide a project Notice to Mariners (LNM) via http:// completion date in the regulatory text in www.navcen.uscg.gov/?pageName= This rule will not call for a new case the project is not completed on lnmMain about the zone. In addition, collection of information under the time. We will disestablish this NYC DOT has established a community Paperwork Reduction Act of 1995 (44 permanent rule by publishing a Direct liaison to notify affected mariners about U.S.C. 3501–3520). Final Rule upon project completion. this project. Persons requesting to be D. Federalism and Indian Tribal 2. The Enforcement Periods added to the liaison’s notification list Governments notification regulations proposed in for project updates may email § 165.161(c)(2) of the NPRM is revised [email protected] A rule has implications for federalism to the standard notification requirement or call 347–702–6430 extension 114. under E.O. 13132, Federalism, if it has listed in 33 CFR 165.7. The two week a substantial direct effect on the States, notification process for channel closures B. Impact on Small Entities on the relationship between the national does not allow sufficient time for us to The Regulatory Flexibility Act of government and the States, or on the draft, review, and obtain the COTP’s 1980, 5 U.S.C. 601–612, as amended, distribution of power and signature, and have the Notification of requires Federal agencies to consider responsibilities among the various Enforcement published in the Federal the potential impact of regulations on levels of government. We have analyzed Register at least 30 days prior to each small entities during rulemaking. The this rule under that Order and have channel closure. term ‘‘small entities’’ comprises small determined that it is consistent with the This rule establishes a safety zone on businesses, not-for-profit organizations fundamental federalism principles and January 7, 2016. The safety zone will that are independently owned and preemption requirements described in cover all navigable waters within 200 operated and are not dominant in their E.O. 13132. yards of the Shore (Belt) Parkway Mill fields, and governmental jurisdictions Also, this rule does not have tribal Basin Bridge. The duration of the zone with populations of less than 50,000. implications under E.O. 13175, is intended to ensure the safety of The Coast Guard received no comments Consultation and Coordination with vessels, workers, and the navigable from the Small Business Administration Indian Tribal Governments, because it waters in the safety zone associated on this rulemaking. The Coast Guard does not have a substantial direct effect with the bridge construction and certifies under 5 U.S.C. 605(b) that this on one or more Indian tribes, on the demolition operations. No vessel or rule will not have a significant relationship between the Federal person will be permitted to enter the economic impact on a substantial Government and Indian tribes, or on the safety zone without obtaining number of small entities. distribution of power and responsibilities between the Federal permission from the COTP or a While some owners or operators of Government and Indian tribes. If you designated representative. vessels intending to transit the safety believe this rule has implications for zone may be small entities, for the V. Regulatory Analyses federalism or Indian tribes, please reasons stated in section V.A above, this We developed this rule after contact the person listed in the FOR rule will not have a significant considering numerous statutes and FURTHER INFORMATION CONTACT section economic impact on any vessel owner executive orders (E.O.s) related to above. rulemaking. Below we summarize our or operator. analyses based on a number of these Under section 213(a) of the Small E. Unfunded Mandates Reform Act statutes and E.O.s, and we discuss First Business Regulatory Enforcement The Unfunded Mandates Reform Act Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires we want to assist small entities in Federal agencies to assess the effects of A. Regulatory Planning and Review understanding this rule. If the rule their discretionary regulatory actions. In E.O.s 12866 and 13563 direct agencies would affect your small business, particular, the Act addresses actions to assess the costs and benefits of organization, or governmental that may result in the expenditure by a available regulatory alternatives and, if jurisdiction and you have questions State, local, or tribal government, in the regulation is necessary, to select concerning its provisions or options for aggregate, or by the private sector of regulatory approaches that maximize compliance, please contact the person $100,000,000 (adjusted for inflation) or net benefits. E.O. 13563 emphasizes the listed in the FOR FURTHER INFORMATION more in any one year. Though this rule importance of quantifying both costs CONTACT section. will not result in such an expenditure, and benefits, of reducing costs, of Small businesses may send comments we do discuss the effects of this rule harmonizing rules, and of promoting on the actions of Federal employees elsewhere in this preamble. flexibility. This rule has not been who enforce, or otherwise determine designated a ‘‘significant regulatory compliance with, Federal regulations to F. Environment action,’’ under E.O. 12866. Accordingly, the Small Business and Agriculture We have analyzed this rule under it has not been reviewed by the Office Regulatory Enforcement Ombudsman Department of Homeland Security of Management and Budget. and the Regional Small Business Management Directive 023–01 and This regulatory action determination Regulatory Fairness Boards. The Commandant Instruction M16475.lD, is based on the size, location, duration, Ombudsman evaluates these actions which guide the Coast Guard in and time-of-day of the safety zone. This annually and rates each agency’s complying with the National safety zone will impact a small responsiveness to small business. If you Environmental Policy Act of 1969 (42 designated area of Mill Basin for wish to comment on actions by U.S.C. 4321–4370f), and have approximately 30 minute intervals employees of the Coast Guard, call 1– determined that this action is one of a during weekdays when vessel traffic is 888–REG–FAIR (1–888–734–3247). The category of actions that do not normally low. Safety zone enforcement Coast Guard will not retaliate against individually or cumulatively have a times may be longer during demolition small entities that question or complain significant effect on the human

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environment. This rule involves a safety officer of the U.S. Coast Guard who has River surrounding the Witt-Penn Bridge zone lasting less than 30 minutes during been designated by the Captain of the between Jersey City and Kearny, NJ. In steel erection that will prohibit entry Port (COTP) New York, to act on his or response to a planned Witt-Penn Bridge within 200 yards of the Shore (Belt) her behalf. The designated construction project, this rule allows the Parkway Bridge over Mill Basin. representative may be on an official Coast Guard to prohibit all vessel traffic Enforcement times may last longer than patrol vessel or may be on shore and through the safety zone during bridge 30 minutes during demolition of the old will communicate with vessels via replacement operations that could pose Shore (Belt) Parkway Bridge. It is VHF–FM radio or loudhailer. In an imminent hazard to persons and categorically excluded from further addition, members of the Coast Guard vessels operating in the area. This rule review under paragraph 34(g) of Figure Auxiliary may be present to inform is necessary to provide for the safety of 2–1 of the Commandant Instruction. An vessel operators of this regulation. life in the vicinity of the construction of environmental analysis checklist (2) Official patrol vessels. Official the Witt-Penn Bridge. supporting this determination and a patrol vessels may consist of any Coast DATES: This rule is effective January 7, Categorical Exclusion Determination Guard, Coast Guard Auxiliary, state, or 2016. will be available in the docket where local law enforcement vessels assigned ADDRESSES: To view documents indicated under ADDRESSES. We seek or approved by the COTP. mentioned in this preamble as being any comments or information that may (c) Enforcement periods. (1) This available in the docket, go to http:// lead to the discovery of a significant safety zone is in effect permanently www.regulations.gov, type USCG–2014– environmental impact from this rule. starting January 7, 2016, but will only be 1008 in the ‘‘SEARCH’’ box and click enforced when deemed necessary by the G. Protest Activities ‘‘SEARCH.’’ Click on Open Docket COTP. Folder on the line associated with this The Coast Guard respects the First (2) The COTP will rely on the rule. Amendment rights of protesters. methods described in § 165.7 to notify FOR FURTHER INFORMATION CONTACT: If Protesters are asked to contact the the public of the enforcement of this you have questions on this rule, call or person listed in the FOR FURTHER safety zone. Such notifications will email Mr. Jeff Yunker, Coast Guard INFORMATION CONTACT section to include the date and times of Sector New York; telephone (718) 354– coordinate protest activities so that your enforcement, along with any pre- 4195, or email [email protected]. message can be received without determined conditions of entry. jeopardizing the safety or security of (d) Regulations. (1) The general SUPPLEMENTARY INFORMATION: people, places or vessels. regulations contained in § 165.23, as I. Table of Abbreviations well as the regulations in paragraphs List of Subjects in 33 CFR Part 165 COTP Captain of the Port New York (d)(2) and (3) of this section, apply. DHS Department of Homeland Security Harbors, Marine safety, Navigation (2) During periods of enforcement, all E.O. Executive Order (water), Reporting and recordkeeping persons and vessels must comply with FR Federal Register requirements, Security measures, all orders and directions from the COTP NJ DOT New Jersey Department of Waterways. or a COTP’s designated representative. Transportation For the reasons discussed in the (3) During periods of enforcement, NPRM Notice of Proposed Rulemaking preamble, the Coast Guard amends 33 upon being hailed by a U.S. Coast Guard II. Background Information and CFR part 165 as follows: vessel by siren, radio, flashing light, or Regulatory History other means, the operator of the vessel PART 165—REGULATED NAVIGATION must proceed as directed. On April 7, 2011 the Coast Guard AREAS AND LIMITED ACCESS AREA issued a Bridge Permit approving the Dated: November 24, 2015. location and construction of the Witt- ■ 1. The authority citation for part 165 M.H. Day, Penn Bridge across the Hackensack continues to read as follows: Captain, U.S. Coast Guard, Captain of the River, mile 3.1, between Kearny and Port New York. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Jersey City, NJ. The Coast Guard 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [FR Doc. 2015–30906 Filed 12–7–15; 8:45 am] published a Solicitation of Comments Department of Homeland Security Delegation BILLING CODE 9110–04–P from NJ DOT in the First Coast Guard No. 0170.1. District Local Notice to Mariners #16 ■ 2. Add § 165.161 to read as follows: (April 23, 2014) through #20 (May 21, DEPARTMENT OF HOMELAND 2014). This solicitation requested § 165.161 Safety Zone; Shore (Belt) SECURITY comments regarding impacts to Parkway Bridge Construction, Mill Basin, navigation from NJ DOT’s proposed Coast Guard Brooklyn, NY. tentative channel closures/restrictions. (a) Location. The following area is a On June 26, 2015, we published an safety zone: All waters from surface to 33 CFR Part 165 NPRM titled Safety Zone; Witt-Penn bottom of Mill Basin within 200 yards [Docket Number USCG–2014–1008] Bridge Construction, Hackensack River; of the Shore (Belt) Parkway Mill Basin Jersey City, NJ in the Federal Register RIN 1625–AA00 bridge, east of a line drawn from (80 FR 36733). We invited comments on ° ′ ″ ° ′ ″ 40 36 24.29 N., 073 54 02.59 W. to Safety Zone; Witt-Penn Bridge our proposed regulatory action related 40°36′11.36″ N., 073°54′04.69″ W., and to the bridge construction project. ° ′ ″ Construction, Hackensack River; west of a line drawn from 40 36 21.13 Jersey City, NJ During the comment period that ended N., 073°53′47.38″ W. to 40°36′11.59″ N., August 25, 2015, we received one 073°53′48.88″ W. AGENCY: Coast Guard, DHS. comment. (b) Definitions. The following ACTION: Final rule. definitions apply to this section: III. Legal Authority and Need for Rule (1) Designated representative. A SUMMARY: The Coast Guard is The Coast Guard is issuing this rule ‘‘designated representative’’ is any Coast establishing a safety zone on the under the authority in 33 U.S.C. 1231; Guard commissioned, warrant or petty navigable waters of the Hackensack 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1,

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6.04–6, and 160.5 Department of (one to 21 days), and waterway users C. Collection of Information Homeland Security Delegation No. have already been notified of the This rule will not call for a new 0170.1. The COTP has determined that proposed closures through the Local collection of information under the potential hazards associated with bridge Notice to Mariners. Moreover, the Coast Paperwork Reduction Act of 1995 (44 construction will be a safety concern for Guard will issue advanced public U.S.C. 3501–3520). anyone within approximately 500 feet of notifications to local mariners through the Witt-Penn Bridge. The purpose of appropriate means, which may include D. Federalism and Indian Tribal this rule is to ensure the safety of but are not limited to marine broadcasts Governments vessels and workers from hazards or Local Notice to Mariners which A rule has implications for federalism associated with construction of the would allow the public an opportunity under E.O. 13132, Federalism, if it has replacement Witt-Penn Bridge and the to plan for these closures. a substantial direct effect on the States, follow-on demolition of the current B. Impact on Small Entities on the relationship between the national Witt-Penn Bridge. government and the States, or on the The Regulatory Flexibility Act of IV. Discussion of Comments, Changes, distribution of power and 1980, 5 U.S.C. 601–612, as amended, and the Rule responsibilities among the various requires Federal agencies to consider levels of government. We have analyzed As noted above, we received one the potential impact of regulations on this rule under that Order and have comment on our NPRM published June small entities during rulemaking. The determined that it is consistent with the 26, 2015. We received one comment term ‘‘small entities’’ comprises small fundamental federalism principles and regarding nurse infection control in a businesses, not-for-profit organizations preemption requirements described in rural area in the State of Missouri. This that are independently owned and E.O. 13132. is outside the purview of this operated and are not dominant in their Also, this rule does not have tribal rulemaking. There are no changes in the fields, and governmental jurisdictions implications under E.O. 13175, regulatory text of this rule from the with populations of less than 50,000. Consultation and Coordination with proposed rule in the NPRM. The Coast Guard received no comments Indian Tribal Governments, because it This rule establishes a safety zone on from the Small Business Administration does not have a substantial direct effect January 7, 2016. The safety zone will on this rulemaking. The Coast Guard on one or more Indian tribes, on the cover all navigable waters within certifies under 5 U.S.C. 605(b) that this relationship between the Federal approximately 500 feet of the Witt-Penn rule will not have a significant Government and Indian tribes, or on the Bridge (river mile 3.1) on the economic impact on a substantial distribution of power and Hackensack River between Jersey City number of small entities. responsibilities between the Federal and Kearny, NJ. The duration of the While some owners or operators of Government and Indian tribes. If you zone, one to 21 days, is intended to vessels intending to transit the safety believe this rule has implications for ensure the safety of life and vessels zone may be small entities, for the federalism or Indian tribes, please during bridge construction and reasons stated in section V.A above, this contact the person listed in the FOR demolition operations. No vessel or rule will not have a significant FURTHER INFORMATION CONTACT section person will be permitted to enter the economic impact on any vessel owner above. safety zone without obtaining or operator. E. Unfunded Mandates Reform Act permission from the COTP or a Under section 213(a) of the Small designated representative. The Unfunded Mandates Reform Act Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of We developed this rule after we want to assist small entities in their discretionary regulatory actions. In considering numerous statutes and understanding this rule. If the rule particular, the Act addresses actions E.O.s related to rulemaking. Below we would affect your small business, that may result in the expenditure by a summarize our analyses based on a organization, or governmental State, local, or tribal government, in the number of these statutes and E.O.s, and jurisdiction and you have questions aggregate, or by the private sector of we discuss First Amendment rights of concerning its provisions or options for $100,000,000 (adjusted for inflation) or protestors. compliance, please contact the person more in any one year. Though this rule listed in the FOR FURTHER INFORMATION will not result in such an expenditure, A. Regulatory Planning and Review CONTACT section. we do discuss the effects of this rule E.O.s 12866 and 13563 direct agencies Small businesses may send comments elsewhere in this preamble. to assess the costs and benefits of on the actions of Federal employees available regulatory alternatives and, if who enforce, or otherwise determine F. Environment regulation is necessary, to select compliance with, Federal regulations to We have analyzed this rule under regulatory approaches that maximize the Small Business and Agriculture Department of Homeland Security net benefits. E.O. 13563 emphasizes the Regulatory Enforcement Ombudsman Management Directive 023–01 and importance of quantifying both costs and the Regional Small Business Commandant Instruction M16475.lD, and benefits, of reducing costs, of Regulatory Fairness Boards. The which guide the Coast Guard in harmonizing rules, and of promoting Ombudsman evaluates these actions complying with the National flexibility. This rule has not been annually and rates each agency’s Environmental Policy Act of 1969 (42 designated a ‘‘significant regulatory responsiveness to small business. If you U.S.C. 4321–4370f), and have action,’’ under E.O. 12866. Accordingly, wish to comment on actions by determined that this action is one of a it has not been reviewed by the Office employees of the Coast Guard, call 1– category of actions that do not of Management and Budget. 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a This regulatory action determination Coast Guard will not retaliate against significant effect on the human is based on the safety zone will be small entities that question or complain environment. This rule involves a safety limited to the Hackensack River area, about this rule or any policy or action zone lasting between one and 21 days closures will be of a limited duration of the Coast Guard. that will prohibit entry within

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approximately 500 feet of the Witt-Penn an official patrol vessel or may be on EPA is also notifying the public of Bridge. It is categorically excluded from shore and will communicate with corrections to typographical errors and further review under paragraph 34(g) of vessels via VHF–FM radio or loudhailer. minor formatting changes to the IBR Figure 2–1 of the Commandant In addition, members of the Coast Guard tables. This update affects the SIP Instruction. An environmental analysis Auxiliary may be present to inform materials that are available for public checklist supporting this determination vessel operators of this regulation. inspection at the EPA Regional Office. and a Categorical Exclusion (2) Official patrol vessels. Official DATES: This action is effective December Determination are available in the patrol vessels may consist of any Coast 8, 2015. docket where indicated under Guard, Coast Guard Auxiliary, state, or ADDRESSES: The EPA has established a ADDRESSES. We seek any comments or local law enforcement vessels assigned docket for this action under Docket information that may lead to the or approved by the COTP. Identification Number EPA–R08–OAR– discovery of a significant environmental (c) Enforcement periods. (1) This 2013–0047. All documents in the docket impact from this rule. safety zone is in effect permanently are listed on the http:// starting January 7, 2016, but will only be G. Protest Activities www.regulations.gov Web site. Although enforced when deemed necessary by the listed in the index, some information The Coast Guard respects the First COTP. may not be publicly available, i.e., Amendment rights of protesters. (2) The Coast Guard will rely on the Confidential Business Information or Protesters are asked to contact the methods described in § 165.7 to notify other information the disclosure of person listed in the FOR FURTHER the public of the time and duration of which is restricted by statute. Certain INFORMATION CONTACT section to any closure of the safety zone. other material, such as copyrighted coordinate protest activities so that your Violations of this safety zone may be material, is not placed on the Internet message can be received without reported to the COTP at 718–354–4353 and will be publicly available only in jeopardizing the safety or security of or on VHF-Channel 16. the hard copy form. Publicly available people, places or vessels. (d) Regulations. (1) The general docket materials are available either List of Subjects in 33 CFR Part 165 regulations contained in § 165.23, as electronically through http:// well as paragraphs (d)(2) and (3) of this www.regulations.gov or in hard copy at Harbors, Marine safety, Navigation section, apply. EPA Region 8, Office of Partnership and (water), Reporting and recordkeeping (2) During periods of enforcement, all Regulatory Assistance, Air Program, requirements, Security measures, persons and vessels must comply with 1595 Wynkoop Street, Denver, Colorado Waterways. all orders and directions from the COTP 80202–1129. The EPA requests that you For the reasons discussed in the or a COTP’s designated representative. contact the individual listed in the FOR preamble, the Coast Guard amends 33 (3) During periods of enforcement, FURTHER INFORMATION CONTACT section to CFR part 165 as follows: upon being hailed by a U.S. Coast Guard view the hard copy of the docket. An vessel by siren, radio, flashing light, or electronic copy of the State’s SIP PART 165—REGULATED NAVIGATION other means, the operator of the vessel AREAS AND LIMITED ACCESS AREAS compilation is also available at http:// must proceed as directed. www.epa.gov/region8/air/sip.html. ■ 1. The authority citation for part 165 Dated: November 6, 2015. FOR FURTHER INFORMATION CONTACT: continues to read as follows: M.H. Day, Kathy Ayala, Air Program, U.S. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the Environmental Protection Agency 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port New York. (EPA), Region 8, Mailcode 8P–AR, 1595 Department of Homeland Security Delegation [FR Doc. 2015–30907 Filed 12–7–15; 8:45 am] Wynkoop Street, Denver, Colorado No. 0170.1. BILLING CODE 9110–04–P 80202–1129, (303) 312–6142, [email protected]. ■ 2. Add § 165.162 to read as follows: SUPPLEMENTARY INFORMATION: § 165.162 Safety Zone; Witt-Penn Bridge ENVIRONMENTAL PROTECTION I. Background Construction, Hackensack River, Jersey AGENCY City, NJ. The SIP is a living document which (a) Location. The following area is a 40 CFR Part 52 a state revises as necessary to address its safety zone: All waters from surface to unique air pollution problems. bottom of the Hackensack River bound [EPA–R08–OAR–2013–0047; FRL–9932–60– Therefore, the EPA, from time to time, by the following approximate positions: Region 8] must take action on SIP revisions North of a line drawn from 40°44′27.4″ containing new and/or revised ° ′ ″ ° ′ ″ Air Plan Approval; ND; Update to N., 074 05 09.8 W. to 40 44 22.9 N., Materials Incorporated by Reference regulations as being part of the SIP. On 074°04′53.1″ W. (NJ PATH Bridge at May 22, 1997 (62 FR 27968), the EPA mile 3.0), and south of a line drawn AGENCY: Environmental Protection revised the procedures for incorporating from 40°44′33.2″ N., 074°04′51.0″ W. to Agency (EPA). by reference federally-approved SIPs, as 40°44′28.2″ N., 074°04′42.7″ W. (500 feet ACTION: Final rule; administrative a result of consultation between the EPA north of the new Witt-Penn Bridge) change. and the Office of the Federal Register (NAD 83). (OFR). The description of the revised (b) Definitions. The following SUMMARY: The Environmental Protection SIP document, IBR procedures and definitions apply to this section: Agency (EPA) is updating the materials ‘‘Identification of Plan’’ format are (1) Designated representative. A that are incorporated by reference (IBR) discussed in further detail in the May ‘‘designated representative’’ is any Coast into the North Dakota State 22, 1997, Federal Register document. Guard commissioned, warrant or petty Implementation Plan (SIP). The On April 21, 2009 (74 FR 18141) the officer of the U.S. Coast Guard who has regulations affected by this update have EPA published an update to the IBR been designated by the Captain of the been previously submitted by the North material for North Dakota as of March 1, Port (COTP) to act on his or her behalf. Dakota Department of Health and 2009. Today’s action is an update to the A designated representative may be on approved by the EPA. In this action, the March 1, 2009 document.

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II. EPA Action substantial direct effect on one or more unnecessary or contrary to the public In this action, the EPA is announcing Indian tribes, on the relationship interest. This action simply codifies the update to the IBR material as of between the federal government and provisions which are already in effect as August 1, 2015. The EPA is also Indian tribes, or on the distribution of a matter of law in federal and approved correcting typographical errors, power and responsibilities between the state programs. 5 U.S.C. 808(2). As including omissions and other minor federal government and Indian tribes, as stated previously, EPA has made such a errors in subsection 52.1820, paragraphs specified by Executive Order 13175 (65 good cause finding and established an (c), (d), and (e). FR 67249, November 9, 2000), nor will effective date of December 8, 2015. EPA it have substantial direct effects on the will submit a report containing this rule III. Good Cause Exemption states, on the relationship between the and other required information to the EPA has determined that today’s national government and the states, or U.S. Senate, the U.S. House of action falls under the ‘‘good cause’’ on the distribution of power and Representatives, and the Comptroller exemption in section 553(b)(3)(B) of the responsibilities among the various General of the United States prior to Administrative Procedure Act (APA) levels of government, as specified in publication of the rule in the Federal which, upon a finding of ‘‘good cause’’ Executive Order 13132 (64 FR 43255, Register. This change to the authorizes agencies to dispense with August 10, 1999). This rule also is not identification of plan for North Dakota public participation, and section subject to Executive Order 13045 (62 FR is not a ‘‘major rule’’ as defined by 5 553(d)(3), which allows an agency to 19885, April 23, 1997), because it is not U.S.C. 804(2). make a rule effective immediately economically significant. This rule does C. Petitions for Judicial Review (thereby avoiding the 30-day delayed not involve technical standards; thus effective date otherwise provided for in the requirements of section 12(d) of the EPA has also determined that the the APA). Today’s action simply National Technology Transfer and provisions of section 307(b)(1) of the updates the codification of provisions Advancement Act of 1995 (15 U.S.C. Clean Air Act pertaining to petitions for which are already in effect as a matter 272 note) do not apply. The rule also judicial review are not applicable to this of law. does not involve special consideration action. Prior EPA rulemaking actions for Under section 553 of the APA, an of environmental justice related issues each individual component of the North agency may find good cause where as required by Executive Order 12898 Dakota SIP compilation had previously procedures are ‘‘impractical, (59 FR 7629, February 16, 1994). This afforded interested parties the unnecessary, or contrary to the public rule does not impose an information opportunity to file a petition for judicial interest.’’ Public comment is collection burden under the Paperwork review in the United States Court of ‘‘unnecessary’’ and ‘‘contrary to the Reduction Act of 1995 (44 U.S.C. 3501 Appeals for the appropriate circuit public interest’’ since the codification et seq.). EPA’s compliance with these within 60 days of such rulemaking only reflects existing law. Likewise, statutes and Executive Orders for the action. Thus, EPA sees no need in this there is no purpose served by delaying underlying rules are discussed in action to reopen the 60-day period for the effective date of this action. previous actions taken on the State’s filing such petitions for judicial review rules. for this ‘‘Identification of plan’’ IV. Statutory and Executive Order In this rule, EPA is finalizing reorganization action for North Dakota. Reviews regulatory text that includes List of Subjects in 40 CFR Part 52 A. General Requirements incorporation by reference. In accordance with requirements of 1 CFR Environmental protection, Air Under Executive Order 12866 (58 FR 51.5, EPA is finalizing the incorporation pollution control, Carbon monoxide, 51735, October 4, 1993), this action is by reference of the North Dakota Incorporation by reference, not a ‘‘significant regulatory action’’ and regulations described in the Intergovernmental relations, Lead, is therefore not subject to review by the amendments to 40 CFR part 52 set forth Nitrogen dioxide, Ozone, Particulate Office of Management and Budget. This below. EPA has made, and will continue matter, Reporting and recordkeeping rule is not subject to Executive Order to make, these documents generally requirements, Sulfur oxides, Volatile 13211, ‘‘Actions Concerning Regulations available electronically through organic compounds. That Significantly Affect Energy Supply, www.regulations.gov and/or in hard Dated: September 8, 2015. Distribution, or Use’’ (66 FR 28355, May copy at the appropriate EPA office (see Shaun L. McGrath, 22, 2001) because it is not a significant the ADDRESSES section of this preamble regulatory action under Executive Order for more information). Regional Administrator, Region 8. 12866. Because the agency has made a ‘‘good cause’’ finding that this action is B. Submission to Congress and the PART 52—APPROVAL AND not subject to notice-and-comment Comptroller General PROMULGATION OF requirements under the Administrative The Congressional Review Act (5 IMPLEMENTATION PLANS Procedure Act or any other statute as U.S.C. 801 et seq.), as added by the ■ 1. The authority citation for part 52 indicated in the SUPPLEMENTARY Small Business Regulatory Enforcement continues to read as follows: INFORMATION section, it is not subject to Fairness Act of 1996, generally provides the regulatory flexibility provisions of that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. the Regulatory Flexibility Act (5 U.S.C. agency promulgating the rule must Subpart JJ—North Dakota 601 et seq.), or to sections 202 and 205 submit a rule report, which includes a of the Unfunded Mandates Reform Act copy of the rule, to each House of the ■ 2. In § 52.1820 paragraphs (b), (c), (d) of 1995 (UMRA) (Pub. L. 104–4). In Congress and to the Comptroller General and (e) are revised to read as follows: addition, this action does not of the United States. Section 808 allows significantly or uniquely affect small the issuing agency to make a rule § 52.1820 Identification of plan. governments or impose a significant effective sooner than otherwise * * * * * intergovernmental mandate, as provided by the CRA if the agency (b) Incorporation by reference. (1) described in sections 203 and 204 of makes a good cause finding that notice Material listed in paragraphs (c) and (d) UMRA. This rule also does not have a and public procedure is impracticable, of this section with an EPA approval

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date prior to August 1, 2015, was dates after August 1, 2015, will be which have been approved as part of the approved for incorporation by reference incorporated by reference in the next SIP as of August 1, 2015. by the Director of the Federal Register update to the SIP compilation. (3) Copies of the materials in accordance with 5 U.S.C. 552(a) and (2) EPA Region 8 certifies that the incorporated by reference may be 1 CFR part 51. Material is incorporated rules/regulations provided by EPA in inspected at the EPA Region 8 Office, as it exists on the date of the approval, Office of Partnerships and Regulatory the SIP compilation at the addresses in and notice of any change in the material Assistance (OPRA), Air Program, 1595 paragraph (b)(3) of this section are an will be published in the Federal Wynkoop Street, Denver, Colorado Register. Entries in paragraphs (c) and exact duplicate of the officially 80202–1129. (d) of this section with EPA approval promulgated state rules/regulations (c) EPA-approved regulations.

State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

33–15–01. General Provisions

33–15–01–01 ...... Purpose ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–01–02 ...... Scope ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–01–03 ...... Authority ...... 9/1/97 5/3/04 69 FR 17302, 4/2/04 33–15–01–04 ...... Definitions ...... 4/1/11 6/2/14 79 FR 25021, 5/2/14 33–15–01–05 ...... Abbreviations ...... 4/1/09 12/5/11 76 FR 68317, 11/4/11 33–15–01–06 ...... Entry onto Premises—Author- 10/1/87 6/12/89 54 FR 20574, 5/12/89 ity. 33–15–01–07 ...... Variances ...... 6/1/1990 8/25/1992 57 FR 28619, 6/26/92 33–15–01–08 ...... Circumvention ...... 6/1/90 8/25/92 57 FR 28619, 6/26/92 33–15–01–09 ...... Severability ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–01–10 ...... Land use plans and zoning 10/1/87 6/12/89 54 FR 20574, 5/12/89 regulations. 33–15–01–12 ...... Measurement of emissions of 6/1/01 3/31/03 68 FR 9565, 2/28/03 air contaminants. 33–15–01–13 ...... Shutdown and malfunction of 4/1/09 12/5/11 76 FR 68317, 11/4/11 an installation—Require- ment for notification. 33–15–01–14 ...... Time schedule for compliance 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–01–15 ...... Prohibition of air pollution ...... 6/1/01 3/31/03 68 FR 9565, 2/28/03 33–15–01–16 ...... Confidentiality of records ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–01–17 ...... Enforcement ...... 3/1/03 11/22/04 69 FR 61762, 10/21/04 33–15–01–18 ...... Compliance Certifications ...... 3/1/03 11/22/04 69 FR 61762, 10/21/04

33–15–02. Ambient Air Quality Standards

33–15–02–01 ...... Scope ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–02–02 ...... Purpose ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–02–03 ...... Air quality guidelines ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–02–04 ...... Ambient air quality standards 4/1/11 6/2/14 79 FR 25021, 5/2/14 33–15–02–05 ...... Method of sampling and anal- 12/1/94 12/9/96 61 FR 52865, 10/8/96 ysis. 33–15–02–06 ...... Reference conditions ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–02–07 ...... Concentration of air contami- 4/1/11 6/2/14 79 FR 25021, 5/2/14 nants in the ambient air re- stricted. Table 1 ...... Ambient Air Quality Standards 4/1/11 6/2/14 77 FR 25021, 5/2/14 Table 2 ...... National Ambient Air Quality 4/1/11 6/2/14 79 FR 25021, 5/2/14 Standards.

33–15–03. Restriction of Emission of Visible Air Contaminants

33–15–03–01 ...... Restrictions applicable to ex- 10/1/87 6/12/89 54 FR 20574, 5/12/89 isting installations. 33–15–03–02 ...... Restrictions applicable to new 10/1/87 6/12/89 54 FR 20574, 5/12/89 installations and all inciner- ators. 33–15–03–03 ...... Restrictions applicable to fugi- 10/1/87 6/12/89 54 FR 20574, 5/12/89 tive emissions. 33–15–03–03.1 ...... Restrictions applicable to 10/1/87 6/12/89 54 FR 20574, 5/12/89 flares. 33–15–03–04 ...... Exceptions ...... 1/1/13 10/22/14 79 FR 63045, 11/21/14 33–15–03–05 ...... Method of measurement ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89

33–15–04. Open Burning Restrictions

33–15–04–01 ...... Refuse burning restrictions .... 1/1/07 7/28/08 73 FR 30308, 5/27/08

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

33–15–04–02 ...... Permissible open burning ...... 1/1/07 7/28/08 73 FR 30308, 5/27/08

33–15–05. Emissions of Particulate Matter Restricted

33–15–05–01 ...... Restriction of emission of par- 1/1/13 10/22/14 79 FR 63045, 11/21/14 ticulate matter from indus- trial processes. 33–15–05–02 ...... Maximum allowable emission 3/1/03 11/22/04 69 FR 61762, 10/21/04 of particulate matter from fuel burning equipment used for indirect heating. 33–15–05–03.2 ...... Refuse incinerators ...... 4/1/09 12/5/11 76 FR 68317, 11/4/11 33–15–05–03.3 ...... Other waste incinerators ...... 3/1/03 11/22/04 69 FR 61762, 10/21/04 33–15–05–04 ...... Methods of measurement ...... 3/1/03 11/22/04 69 FR 61762, 10/21/04

33–15–06. Emissions of Sulfur Compounds Restricted.

33–15–06–01 ...... Restriction of emissions of 3/1/03 11/22/04 69 FR 61762, 10/21/04 See 63 FR 45722 (8/27/98) sulfur dioxide from use of for additional material. fuel. 33–15–06–02 ...... Restriction of emissions of 6/1/92 12/20/93 58 FR 54041, 10/20/93 sulfur oxides from industrial processes. 33–15–06–03 ...... Methods of measurement ...... 3/1/03 11/22/04 69 FR 61762, 10/21/04 33–15–06–04 ...... Continuous emission moni- 6/1/92 12/20/93 58 FR 54041, 10/20/93 toring requirements. 33–15–06–05 ...... Reporting and recordkeeping 6/1/92 12/20/93 58 FR 54041, 10/20/93 requirements.

33–15–07. Control of Organic Compounds Emissions

33–15–07–01 ...... Requirements for construction 9/1/98 11/1/99 64 FR 47395, 8/31/99 of organic compounds fa- cilities. 33–15–07–02 ...... Requirements for organic 6/1/92 10/20/95 60 FR 43396, 8/21/95 compounds gas disposal.

33–15–08. Control of Air Pollution from Vehicles and Other Internal Combustion Engines.

33–15–08–01 ...... Internal combustion engine 7/1/78 11/2/79 44 FR 63102, 11/2/79 emissions restricted. 33–15–08–02 ...... Removal and/or disabling of 7/1/78 11/2/79 44 FR 63102, 11/2/79 motor vehicle pollution con- trol devices prohibited.

33–15–10. Control of Pesticides

33–15–10–01 ...... Pesticide use restricted ...... 1/1/89 9/10/90 55 FR 32403, 8/9/90 33–15–10–02 ...... Restrictions on the disposal of 6/1/90 8/25/92 57 FR 28619, 6/26/92 surplus pesticides and empty pesticide containers.

33–15–11. Prevention of Air Pollution Emergency Episodes

33–15–11–01 ...... Air pollution emergency ...... 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–11–02 ...... Air pollution episode criteria .. 10/1/87 6/12/89 54 FR 20574, 5/12/89 33–15–11–03 ...... Abatement strategies emis- 10/1/87 6/12/89 54 FR 20574, 5/12/89 sion reduction plans. 33–15–11–04 ...... Preplanned abatement strate- 1/1/89 9/10/90 55 FR 32403, 8/9/90 gies plans. Table 6 ...... Air pollution episode criteria .. 8/1/95 6/20/97 62 FR 19224, 4/21/97 Table 7 ...... Abatement strategies emis- 8/1/95 6/20/97 62 FR 19224, 4/21/97 sion reduction plans.

33–15–14. Designated Air Contaminant Sources Permit to Construct Minor Source Permit to Operate Title V Permit to Operate

33–15–14–01 ...... Designated air contaminant 4/1/11 6/2/14 79 FR 25021, 5/2/14 sources. 33–15–14–01.1 ...... Definitions ...... 1/1/96 6/20/97 62 FR 19224, 4/21/97

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

33–15–14–02 ...... Permit to construct ...... 4/1/11 6/2/14 79 FR 25021, 5/2/14 Excluding subsections 1, 12, 13, 3.c., 13.b.1., 5, 13.c., 13.i(5), 13.o., and 19 (one sentence) which were sub- sequently revised and ap- proved. See 57 FR 28619 (6/26/92), regarding State’s commitment to meet re- quirements of EPA’s ‘‘Guideline on Air Quality Models (revised).’’ 33–15–14–03 ...... Minor source permit to oper- 4/1/11 6/2/14 79 FR 25021, 5/2/14 ate. 33–15–14–07 ...... Source exclusion from title V 6/1/01 3/31/03 68 FR 9565, 2/28/03 permit to operate require- ments.

33–15–15. Prevention of Significant Deterioration of Air Quality

33–15–15–01.1 ...... Purpose ...... 2/1/05 8/20/07 72 FR 39564, 7/19/07 33–15–15–01.2 ...... Scope ...... 1/1/13 8/29/13 78 FR 45866, 7/30/13 See 40 CFR 52.1829(c) and (d). 33–15–15–02 ...... Reclassification ...... 2/1/05 8/20/07 72 FR 39564, 7/19/07

33–15–17. Restriction of Fugitive Emissions

33–15–17–01 ...... General provisions—applica- 6/1/01 3/31/03 68 FR 9565, 2/28/03 bility and designation of af- fected facilities. 33–15–17–02 ...... Restriction of fugitive particu- 1/1/07 7/28/08 73 FR 30308, 5/27/08 late emissions. 33–15–17–03 ...... Reasonable precautions for 7/1/78 11/2/79 44 FR 63102, 11/2/79 abating and preventing fugi- tive particulate emissions. 33–15–17–04 ...... Restriction of fugitive gaseous 7/1/78 11/2/79 44 FR 63102, 11/2/79 emissions.

33–15–18. Stack Heights

33–15–18–01 ...... General provisions ...... 10/1/87 1/13/89 53 FR 45763, 11/14/88 33–15–18–02 ...... Good engineering practice 10/1/87 1/13/89 53 FR 45763, 11/14/88 demonstrations. 33–15–18–03 ...... Exemptions ...... 10/1/87 1/13/89 53 FR 45763, 11/14/88

33–15–19. Visibility Protection

33–15–19–01 ...... General provisions ...... 10/1/87 11/28/88 53 FR 37757, 9/28/88 33–15–19–02 ...... Review of new major sta- 10/1/87 11/28/88 53 FR 37757, 9/28/88 tionary sources and major modifications. 33–15–19–03 ...... Visibility monitoring ...... 10/1/87 11/28/88 53 FR 37757, 9/28/88

33–15–20. Control of Emissions from Oil and Gas Well Production Facilities

33–15–20–01 ...... General provisions ...... 6/1/92 10/20/95 60 FR 43396, 8/21/95 33–15–20–02 ...... Registration and reporting re- 6/1/92 10/20/95 60 FR 43396, 8/21/95 quirements. 33–15–20–03 ...... Prevention of significant dete- 6/1/92 10/20/95 60 FR 43396, 8/21/95 rioration applicability and source information require- ments. 33–15–20–04 ...... Requirements for control of 6/1/90 8/25/92 57 FR 28619, 6/26/92 production facility emissions.

33–15–23. Fees

33–15–23–01 ...... Definitions ...... 8/1/95 6/20/97 62 FR 19224, 4/21/97 33–15–23–02 ...... Permit to construct fees ...... 8/1/95 6/20/97 62 FR 19224, 4/21/97 33–15–23–03 ...... Minor source permit to oper- 4/1/09 12/5/11 76 FR 68317, 11/4/11 ate fees.

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

33–15–25. Regional Haze Requirements

33–15–25–01 ...... Definitions ...... 1/1/07 5/7/12 77 FR 20894, 4/6/12 33–15–25–02 ...... Best available retrofit tech- 1/1/07 5/7/12 77 FR 20894, 4/6/12 nology. 33–15–25–03 ...... Guidelines for best available 1/1/07 5/7/12 77 FR 20894, 4/6/12 retrofit technology deter- minations under the re- gional haze rule. 33–15–25–04 ...... Monitoring, recordkeeping, 1/1/07 5/7/12 77 FR 20894, 4/6/12 and reporting.

(d) EPA-approved source specific requirements.

State EPA Rule No. Rule title effective effective Final rule Comments date date citation/date

American Crystal Sugar at Drayton.

Chapter 8, Section Continuous Emission Moni- 5/6/77 10/17/77 42 FR 55471, 10/17/77 8.3., Permit toring Requirements for Ex- 730015. isting Stationary Sources, including Amendments to Permits to Operate and De- partment Order.

Coal Creek Station Units 1 and 2.

PTC10005 ...... Air pollution Control permit to 2/23/10 5/7/12 77 FR 20894, 4/6/12 Excluding disapproved NOX construct for best available BART emissions limits for retrofit technology (BART). Units 1 and 2 and cor- responding monitoring, rec- ordkeeping, and reporting requirements.

Heskett Station Units 1 and 2.

Chapter 8, Section Continuous Emission Moni- 5/6/77 10/17/77 42 FR 55471, 10/17/77 8.3., Permit toring Requirements for Ex- F76001. isting Stationary Sources, including amendments to Permits to Operate and De- partment Order. PTC 10028 ...... Air Pollution Control Permit to 7/22/10 5/7/12 77 FR 20894, 4/6/12 Construct for Best Available Retrofit Technology (BART) Heskett Unit 2.

Leland Olds Units 1 and 2.

Chapter 8, Section Continuous Emission Moni- 5/6/77 10/17/77 42 FR 55471, 10/17/77 9.3., Permit toring Requirements for Ex- 730004. isting Stationary Sources, including amendments to Permits to Operate and De- partment Order. PTC10004 ...... Air pollution control permit to 2/23/10 5/7/12 77 FR 20894, 4/6/12 construct for best available retrofit technology (BART).

Milton R. Young Station Units 1 and 2.

Chapter 8, Section Continuous Opacity Moni- 3/1/13 8/31/15 80 FR 37157, 6/30/15 8.3.2. toring for M.R. Young Sta- tion Unit 1 Main Boiler.

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State EPA Rule No. Rule title effective effective Final rule Comments date date citation/date

PTC10007 ...... Air pollution control permit to 2/23/10 5/7/12 77 FR 20894, 4/6/12 construct for best available retrofit technology (BART).

Stanton Station Unit 1.

Chapter 8, Section Compliance Schedule for In- 3/15/77 5/7/12 77 FR 20894, 4/6/12 8.3.1., Permit stallation of Continuous F76007. Opacity Monitoring Instru- ments. PTC 10006 ...... Air Pollution Control Permit to 2/23/10 5/7/12 77 FR 20894, 4/6/12 Construct for Best Available Retrofit Technology (BART).

Tesoro Mandan Refinery.

77–311 APC ...... Compliance Schedule for 5/9/77 7/28/08 73 FR 30308, 5/27/08 Continuous Opacity Moni- toring Instruments. Chapter 8, Section Continuous Opacity Moni- 2/27/07 7/28/08 73 FR 30308, 5/27/08 8.3.1. toring for Fluid Bed Cata- lytic Cracking Units: Tesoro Refining and Marketing Co., Mandan Refinery.

(e) EPA-approved nonregulatory provisions.

State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

Chapter 1. Introduction.

Sections 1.1. thru Section 1.1., Purpose; 1.2., 1/24/72 6/30/72 37 FR 10842, 5/31/72 1.7. Scope; 1.3., Classification of Regions; 1.4., Public Hearings; 1.5., Reports; 1.6., Provisions for Making Emissions Data Available to the Public; 1.7., Revisions, Individually Negotiated Compliance Schedules— Public Hearing (5/15/1973). Section 1.8 ...... Revisions: Public Hearing (11/ 11/20/73 11/16/77 42 FR 55471, 10/17/77 20/1973). Section 1.9 ...... Revisions: Public Hearing (5/ 5/22/74 11/16/77 42 FR 55471, 10/17/77 22/1974). Section 1.10 ...... Public Hearing: (11/17/1975) 11/17/75 11/16/77 42 FR 55471, 10/17/77 Adoption of regulations Pur- suant to Request for Dele- gation of Authority to Imple- ment and Enforce Federal NSPS, NESHAPS, and PSD Programs. Section 1.13 ...... Revisions, Public Hearing— 11/2/79 8/12/80 45 FR 53475, 8/12/80 Adoption of New and Re- vised Air Pollution Control Regulations and Revisions to the Implementation Plan. Section 1.14 ...... Revisions to the Implementa- 4/1/09 10/17/12 77 FR 57029, 9/17/12 tion Plan.

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

Chapter 2. Legal Authority.

Sections 2.1. thru 2.1., Introduction; 2.2., 1/24/72 5/31/72 37 FR 10842, 5/31/72 2.10. 420.11(a); 2.3., 420.11(b); 2.4., 420.11(c); 2.5., 420.11(d); 2.6., 420.11(e); 2.7., 420.11(f); 2.8., Future Legal Authority Needs; 2.9., Legal Authority to Control Indirect Sources of Air Pol- lution; 2.10., Legal Authority to Implement and Enforce Federal NSPS, NESHAPS, and PSD Programs. Section 2.11 ...... Legal Authority for Collection 7/1/79 8/12/80 45 FR 53475, 8/12/80 of Permit or Registration Processing Fees and In- spection Program Fees and Registration of Certain Air Contaminant Sources. Section 2.15 ...... Respecting Boards ...... 3/1/13 8/28/13 78 FR 45867, 7/29/13

Chapter 3. Control Strategy.

Section 3.1 ...... Introduction ...... 1/24/72 5/31/72 37 FR 10842, 5/31/72 Section 3.2 ...... Control Strategy: Particulate 1/24/72 5/31/72 37 FR 10842, 5/31/72 Matter. Section 3.2.1 ...... Control Strategy: Particulate 1/1/89 9/10/90 55 FR 32403, 8/0/90 Matter (PM10). Section 3.3 ...... Control Strategy: Sulphur Ox- 1/24/72 5/31/72 37 FR 10842, 5/31/72 ides. Section 3.4 ...... Control Strategy: Carbon 1/24/72 5/31/72 37 FR 10842, 5/31/72 Monoxide, Hydrocarbons, Photochemical Oxidants, and Nitrogen Dioxide. Section 3.5 ...... Future Control Strategy 1/24/72 5/31/72 37 FR 10842, 5/31/72 Needs. Section 3.6 ...... Identification and Designation 1/24/72 5/31/72 37 FR 10842, 5/31/72 of Air Quality Maintenance Areas. Section 3.7 ...... Visibility—Long-Term Strategy ...... 12/4/89 54 FR 41094, 10/5/89

Chapter 4. Compliance Schedules.

Chapter 4 ...... Compliance Schedules ...... 2/19/74 5/31/72 37 FR 10842, 5/31/72

Chapter 5. Prevention of Air Pollution Emergency Episodes.

Chapter 5 ...... Prevention of Air Pollution 1/24/72 5/31/72 37 FR 10842, 5/31/72 Emergency Episodes. Section 5.2.1 ...... Replacement of TSP levels 1/1/89 9/10/90 55 FR 32403, 8/9/90 with PM10 levels.

Chapter 6. Air Quality Surveillance.

Section 6.1 thru 6.7 6.1., Introduction; 6.2., Ambi- 1/1/80 8/12/80 45 FR 53475, 8/12/80 ent Air Quality Monitoring Network Design; 6.3., Am- bient Air Quality Monitoring Network Description; 6.4., Station Designations; 6.5., Air Quality Monitoring Cri- teria; 6.6., Episode Moni- toring; 6.7., Data Reporting. Section 6.8 ...... Annual Network Review ...... 4/1/09 10/17/12 77 FR 57029, 9/17/12 Section 6.9 ...... Public Notification ...... 1/1/80 8/12/80 45 FR 53475, 8/12/89 Section 6.10 ...... Visibility Monitoring ...... 10/1/87 11/28/88 53 FR 37757, 9/28/88 Section 6.11 ...... Particulate Matter (PM10) ...... 1/1/89 9/10/90 55 FR 32403, 8/9/90 Section 6.11.3 ...... Ozone ...... 4/1/09 10/17/12 77 FR 57029, 9/17/12

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State EPA Rule No. Rule title effective effective Final rule citation/date Comments date date

Section 6.13 ...... Visibility Monitoring: Theodore 1/9/96 6/20/97 62 FR 19224, 4/21/97 Roosevelt National Park.

Chapter 7. Review of New Sources and Modifications.

Sections 7.1 thru Review of New Sources and 1/24/72 5/31/72 37 FR 10842, 5/31/72 7.6. Modifications.

Chapter 7.7. Air Quality Modeling.

Section 7.7 ...... Air Quality Modeling ...... 4/1/09 10/17/09 77 FR 57029, 9/17/09

Chapter 7.8. Interstate Transport.

Section 7.8 ...... Interstate Transport of Air 4/1/09 7/6/10 75 FR 31290, 6/3/10 Pollution. Section 7.8.1 ...... Interstate Transport Relating 4/1/09 12/22/10 75 FR 71023, 11/22/10 to the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards.

Chapter 8. Source Surveillance.

Chapter 8 ...... Source Surveillance ...... 1/24/72 5/31/72 37 FR 10842, 5/31/72

Chapter 9. Resources.

Chapter 9 ...... Resources ...... 4/1/09 10/17/12 77 FR 57029, 9/17/12

Chapter 10. Intergovernmental Cooperation.

Chapter 10...... Intergovernmental Coopera- 1/24/72 5/31/72 37 FR 10842, 5/31/72 tion.

Chapter 12. The Small Business Assistance Program.

Chapter 12 ...... The Small Business Assist- 10/23/92 2/10/94 59 FR 1485, 1/11/94 ance Program.

[FR Doc. 2015–30823 Filed 12–7–15; 8:45 am] revisions concern emissions of volatile Instructions: Once submitted, BILLING CODE 6560–50–P organic compounds (VOCs) from motor comments cannot be edited or vehicle and mobile equipment withdrawn. The EPA may publish any refinishing coating operations. We are comment received to its public docket. ENVIRONMENTAL PROTECTION approving local rules that regulate these Do not submit electronically any AGENCY emission sources under the Clean Air information you consider to be Act (CAA or the Act). Confidential Business Information (CBI) 40 CFR Part 52 DATES: This rule is effective on February or other information whose disclosure is [EPA–R09–OAR–2015–0690; FRL–9937–29– 8, 2016 without further notice, unless restricted by statute. If you need to Region 9] the EPA receives adverse comments by include CBI as part of your comment, January 7, 2016. If we receive such please visit http://www.epa.gov/ Approval of California Air Plan comments, we will publish a timely dockets/comments.html for further Revisions, South Coast Air Quality withdrawal in the Federal Register to instructions. Multimedia submissions Management District and Yolo-Solano notify the public that this direct final (audio, video, etc.) must be Air Quality Management District rule will not take effect. accompanied by a written comment. AGENCY: Environmental Protection ADDRESSES: Submit comments, The written comment is considered the Agency (EPA). identified by docket number [EPA–R09– official comment and should include discussion of all points you wish to ACTION: Direct final rule. OAR–2015–0690, by one of the following methods: make. For the full EPA public comment SUMMARY: The Environmental Protection 1. Federal eRulemaking Portal: policy and general guidance on making Agency (EPA) is taking direct final www.regulations.gov. Follow the online effective comments, please visit http:// action to approve revisions to the South instructions. www2.epa.gov/dockets/commenting- Coast Air Quality Management District 2. Email: [email protected]. epa-dockets. (SCAQMD) and Yolo-Solano Air Quality 3. Mail or deliver: Andrew Steckel Docket: Generally, documents in the Management District (YSAQMD) (Air–4), U.S. Environmental Protection docket for this action are available portions of the California State Agency Region IX, 75 Hawthorne Street, electronically at www.regulations.gov or Implementation Plan (SIP). These San Francisco, CA 94105–3901. in hard copy at EPA Region IX, 75

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Hawthorne Street, San Francisco, FOR FURTHER INFORMATION CONTACT: B. Do the rules meet the evaluation California 94105–3901. While all Arnold Lazarus, EPA Region IX, (415) criteria? documents in the docket are listed at 972–3024, [email protected]. C. EPA recommendations to further improve the rules www.regulations.gov, some information SUPPLEMENTARY INFORMATION: D. Public comment and final action may be publicly available only at the Throughout this document, ‘‘we,’’ ‘‘us,’’ III. Incorporation by Reference hard copy location (e.g., copyrighted and ‘‘our’’ refer to the EPA. IV. Statutory and Executive Order Reviews material, large maps), and some may not I. The State’s Submittal be publicly available in either location Table of Contents (e.g., CBI). To inspect the hard copy I. The State’s Submittal A. What rules did the State submit? A. What rules did the State submit? materials, please schedule an Table 1 lists the rules addressed by appointment during normal business B. Are there other versions of these rules? C. What is the purpose of the submitted this action with the dates that they were hours with the contact listed in the FOR rule revisions? adopted by the local air agencies and FURTHER INFORMATION CONTACT section. II. The EPA’s Evaluation and Action submitted by the California Air A. How is the EPA evaluating the rules? Resources Board (CARB).

TABLE 1—SUBMITTED RULES

Adopted/ Local agency Rule No. Rule title revised Submitted

SCAQMD ...... 1151 Motor Vehicle and Mobile Equipment Non-Assembly Line Coat- 09/05/14 04/07/15 ing Operations. YSAQMD ...... 2.26 Motor Vehicle and Mobile Equipment Coating Operations ...... 10/10/08 06/26/15

On April 30, 2015 and August 13, (TSDs) have more information about the Clean Air Act Amendments of 1990’’ (57 2015, the EPA determined that the these rules. FR 13498, April 16, 1992 and 57 FR 18070, submittals for SCAQMD Rule 1151 and April 28, 1992). II. The EPA’s Evaluation and Action YSAQMD Rule 2.26 respectively met 2. ‘‘Issues Relating to VOC Regulation the completeness criteria in 40 CFR part A. How is the EPA evaluating the rules? Cutpoints, Deficiencies, and Deviations’’ (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; 51 Appendix V, which must be met SIP rules must be enforceable (see revised January 11, 1990). before formal EPA review. CAA section 110(a)(2)), must not 3. ‘‘Guidance Document for Correcting B. Are there other versions of these interfere with applicable requirements Common VOC & Other Rule Deficiencies’’ rules? concerning attainment and reasonable (‘‘the Little Bluebook,’’ EPA Region 9, August further progress or other CAA 21, 2001). There are previous versions of Rules requirements (see CAA section 110(l)), 4. The Code of Federal Regulations (CFR) 1151 and 2.26 in the SIP. The SCAQMD and must not modify certain SIP control Title 40 Subpart B National Volatile Organic and the YSAQMD adopted earlier requirements in nonattainment areas Compound Emission Standards for versions of these rules on June 13, 1997 without ensuring equivalent or greater Automobile Refinish Coatings § 59.102 and April 27, 1994 respectively, and Standards table 1 (40 CFR 59.102, table 1). emissions reductions (see CAA section 5. SCAQMD Rule 1151, ‘‘Motor Vehicle CARB submitted them to us on March 193). and Mobile Equipment Non-Assembly Line 10, 1998 and February 24, 1995 Generally, SIP rules must require Coating Operations,’’ approved into the SIP respectively. We approved these Reasonably Available Control on September 24, 2013 (78 FR 58459). versions of Rules 1151 and 2.26 into the Technology (RACT) for each category of 6. SCAQMD Rule 1151, ‘‘Motor Vehicle SIP on August 13, 1999 (64 FR 44134) sources covered by a Control and Mobile Equipment Non-Assembly Line and April 30, 1996 (61 FR 18962) Techniques Guidelines (CTG) document Coating Operations,’’ amended September 5, respectively. The SCAQMD amended as well as each major source of VOCs in 2014. Rule 1151 on December 2, 2005, and ozone nonattainment areas classified as 7. YSAQMD Rule 2.26, ‘‘Motor Vehicle and CARB submitted the amended rule to us moderate or above (see CAA section Mobile Equipment Coating Operations,’’ on April 6, 2009. We approved this 182(b)(2)). SCAQMD and YSAQMD approved into the SIP on April 30, 1996 (61 FR 18962). version of Rule 1151 on September 24, regulate ozone nonattainment areas 8. YSAQMD Rule 2.26, ‘‘Motor Vehicle and 2013 (78 FR 58459). classified as extreme and severe Mobile Equipment Coating Operations,’’ respectively for the 2008 8-Hour Ozone C. What is the purpose of the submitted amended October 10, 2008. National Ambient Air Quality Standards rules revisions? (NAAQS) (40 CFR 81.305). There are no B. Do the rules meet the evaluation VOCs help produce ground-level EPA CTG documents relevant to the criteria? ozone, smog and particulate matter sources addressed by these rules. (PM), which harm human health and However, CARB’s ‘‘Suggested Control We believe these rules are consistent the environment. Section 110(a) of the Measures for Automotive Coating’’ is with the relevant policy and guidance CAA requires States to submit useful in defining RACT for these regarding enforceability, RACT, and SIP regulations that control VOC emissions. activities. relaxations. The TSDs have more Rules 1151 and 2.26 establish limits on Guidance and policy documents that information on our evaluation. the emission of VOC and workplace we used to evaluate enforceability, C. EPA Recommendations To Further standards for motor vehicle and mobile revision/relaxation and rule stringency Improve The Rule(s) equipment coating operations. They also requirements for the applicable criteria regulate related recordkeeping, pollutants include the following: The TSDs describe additional rule reporting, and monitoring requirements. 1. ‘‘State Implementation Plans; General revisions that we recommend for the The EPA’s technical support documents Preamble for the Implementation of Title I of next time the local agency modifies the

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rules but are not currently the basis for • Is not a significant regulatory action Representatives, and the Comptroller rule disapproval. subject to review by the Office of General of the United States prior to Management and Budget under publication of the rule in the Federal D. Public Comment and Final Action Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect As authorized in section 110(k)(3) of October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the the Act, the EPA is fully approving the January 21, 2011); Federal Register. This action is not a submitted rules because we believe they • does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. fulfill all relevant requirements. We do collection burden under the provisions 804(2). not think anyone will object to this of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean approval, so we are finalizing it without U.S.C. 3501 et seq.); Air Act, petitions for judicial review of proposing it in advance. However, in • is certified as not having a this action must be filed in the United the Proposed Rules section of this significant economic impact on a States Court of Appeals for the Federal Register, we are simultaneously substantial number of small entities appropriate circuit by February 8, 2016. proposing approval of the same under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by submitted rules. If we receive adverse U.S.C. 601 et seq.); the Administrator of this final rule does comments by January 7, 2016, we will • does not contain any unfunded not affect the finality of this action for publish a timely withdrawal in the mandate or significantly or uniquely the purposes of judicial review nor does Federal Register to notify the public affect small governments, as described it extend the time within which a that the direct final approval will not in the Unfunded Mandates Reform Act petition for judicial review may be filed, take effect and we will address the of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness • comments in a subsequent final action does not have Federalism of such rule or action. Parties with based on the proposal. If we do not implications as specified in Executive objections to this direct final rule are receive timely adverse comments, the Order 13132 (64 FR 43255, August 10, encouraged to file a comment in direct final approval will be effective 1999); response to the parallel notice of • without further notice on February 8, is not an economically significant proposed rulemaking for this action 2016. This will incorporate these rules regulatory action based on health or published in the Proposed Rules section into the federally enforceable SIP. safety risks subject to Executive Order of today’s Federal Register, rather than Please note that if the EPA receives 13045 (62 FR 19885, April 23, 1997); • file an immediate petition for judicial adverse comment on an amendment, is not a significant regulatory action review of this direct final rule, so that paragraph, or section of this rule and if subject to Executive Order 13211 (66 FR the EPA can withdraw this direct final that provision may be severed from the 28355, May 22, 2001); rule and address the comment in the • is not subject to requirements of remainder of the rule, the EPA may proposed rulemaking. This action may Section 12(d) of the National adopt as final those provisions of the not be challenged later in proceedings to Technology Transfer and Advancement rule that are not the subject of an enforce its requirements (see section Act of 1995 (15 U.S.C. 272 note) because adverse comment. 307(b)(2)). application of those requirements would III. Incorporation by Reference be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52 In this rule, the EPA is finalizing and • Environmental protection, Air regulatory text that includes does not provide the EPA with the pollution control, Incorporation by incorporation by reference. In discretionary authority to address, as reference, Inter-governmental relations, accordance with requirements of 1 CFR appropriate, disproportionate human Ozone, Reporting and recordkeeping 51.5, the EPA is finalizing the health or environmental effects, using requirements, Volatile organic incorporation by reference of the practicable and legally permissible compounds. SCAQMD and YSAQMD rules described methods, under Executive Order 12898 in the amendments to 40 CFR part 52 set (59 FR 7629, February 16, 1994). Dated: November 5, 2015. forth below. The EPA has made, and In addition, the SIP is not approved Jared Blumenfeld, will continue to make, these documents to apply on any Indian reservation land Regional Administrator, Region IX. available electronically through or in any other area where the EPA or Part 52, Chapter I, Title 40 of the Code www.regulations.gov and in hard copy an Indian tribe has demonstrated that a of Federal Regulations is amended as at the appropriate EPA office (see the tribe has jurisdiction. In those areas of follows: ADDRESSES section of this preamble for Indian country, the rule does not have more information). tribal implications and will not impose PART 52—APPROVAL AND substantial direct costs on tribal PROMULGATION OF IV. Statutory and Executive Order governments or preempt tribal law as IMPLEMENTATION PLANS Reviews specified by Executive Order 13175 (65 ■ 1. The authority citation for part 52 Under the CAA, the Administrator is FR 67249, November 9, 2000). required to approve a SIP submission The Congressional Review Act, 5 continues to read as follows: that complies with the provisions of the U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. Act and applicable Federal regulations Business Regulatory Enforcement (42 U.S.C. 7410(k); 40 CFR 52.02(a)). Fairness Act of 1996, generally provides Subpart F—California Thus, in reviewing SIP submissions, the that before a rule may take effect, the ■ 2. Section 52.220 is amended by EPA’s role is to approve state choices, agency promulgating the rule must adding paragraphs (c)(461)(i)(C) and provided that they meet the criteria of submit a rule report, which includes a (c)(463)(i)(B) to read as follows: the CAA. Accordingly, this action copy of the rule, to each House of the merely approves state law as meeting Congress and to the Comptroller General § 52.220 Identification of plan. Federal requirements and does not of the United States. The EPA will * * * * * impose additional requirements beyond submit a report containing this action (c) * * * those imposed by state law. For that and other required information to the (461) * * * reason, this action: U.S. Senate, the U.S. House of (i) * * *

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(C) South Coast Air Quality organic compounds (VOCs) from Docket: Generally, documents in the Management District. architectural coatings. We are approving docket for this action are available (1) Rule 1151, ‘‘Motor Vehicle and local rules that regulate these emission electronically at www.regulations.gov or Mobile Equipment Non-Assembly Line sources under the Clean Air Act (CAA in hard copy at EPA Region IX, 75 Coating Operations,’’ amended on or the Act). Hawthorne Street, San Francisco, September 5, 2014. DATES: This rule is effective on February California 94105–3901. While all * * * * * 8, 2016 without further notice, unless documents in the docket are listed at (463) * * * the EPA receives adverse comments by www.regulations.gov, some information (i) * * * January 7, 2016. If we receive such may be publicly available only at the (B) Yolo-Solano Air Quality comments, we will publish a timely hard copy location (e.g., copyrighted Management District. withdrawal in the Federal Register to material, large maps), and some may not (1) Rule 2.26, ‘‘Motor Vehicle and notify the public that this direct final be publicly available in either location Mobile Equipment Coating Operations,’’ rule will not take effect. (e.g., CBI). To inspect the hard copy revised on December 10, 2008. ADDRESSES: Submit comments, materials, please schedule an * * * * * identified by docket number [EPA–R09– appointment during normal business [FR Doc. 2015–30828 Filed 12–7–15; 8:45 am] OAR–2015–0619, by one of the hours with the contact listed in the FOR BILLING CODE 6560–50–P following methods: FURTHER INFORMATION CONTACT section. 1. Federal eRulemaking Portal: FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Follow the on-line ENVIRONMENTAL PROTECTION Arnold Lazarus, EPA Region IX, (415) instructions. 972 3024, [email protected]. AGENCY 2. Email: [email protected]. 3. Mail or deliver: Andrew Steckel SUPPLEMENTARY INFORMATION: 40 CFR Part 52 (Air-4), U.S. Environmental Protection Throughout this document, ‘‘we,’’ ‘‘us,’’ [EPA–R09–OAR–2015–0619; FRL–9936–67– Agency Region IX, 75 Hawthorne Street, and ‘‘our’’ refer to the EPA. Region 9] San Francisco, CA 94105–3901. Table of Contents Instructions: Once submitted, Revisions to the California State comments cannot be edited or I. The State’s Submittal Implementation Plan, Antelope Valley withdrawn. The EPA may publish any A. What rules did the State submit? Air Quality Management District, B. Are there other versions of these rules? comment received to its public docket. C. What is the purpose of the submitted Feather River Air Quality Management Do not submit electronically any District and Santa Barbara County Air rules and rule revisions? information you consider to be II. The EPA’s Evaluation and Action Pollution Control District Confidential Business Information (CBI) A. How is the EPA evaluating the rules? AGENCY: Environmental Protection or other information whose disclosure is B. Do the rules meet the evaluation Agency (EPA). restricted by statute. If you need to criteria? C. EPA Recommendations to Further ACTION: Direct final rule. include CBI as part of your comment, please visit http://www.epa.gov/ Improve the Rules D. Public Comment and Final Action SUMMARY: The Environmental Protection dockets/comments.html for further III. Incorporation by Reference Agency (EPA) is taking direct final instructions. Multimedia submissions IV. Statutory and Executive Order Reviews action to approve revisions to the (audio, video, etc.) must be Antelope Valley Air Quality accompanied by a written comment. I. The State’s Submittal Management District (AVAQMD), The written comment is considered the A. What rules did the State submit? Feather River Air Quality Management official comment and should include District (FRAQMD), and Santa Barbara discussion of all points you wish to Table 1 lists the rules we are County Air Pollution Control District make. For the full EPA public comment approving with the dates that they were (SBCAPCD) portions of the California policy and general guidance on making adopted by the local air agencies and State Implementation Plan (SIP). These effective comments, please visit http:// submitted by the California Air revisions concern emissions of volatile www.epa.gov/dockets/comments.html. Resources Board (CARB).

TABLE 1—SUBMITTED RULES

Adopted/ Local agency Rule No. Rule title amended Submitted

AVAQMD ...... 1113 Architectural Coatings...... 3/18/2003 5/13/2014 FRAQMD ...... 3.15 Architectural Coatings...... 8/4/2014 11/6/2014 SBCAPCD ...... 323.1 Architectural Coatings...... 6/19/2014 11/6/2014

On May 13, 2014 the EPA determined B. Are there other versions of these Rule 3.15, ‘‘Architectural Coatings,’’ and that the submittal for AVAQMD Rule rules? Yuba County Air Pollution Control 1113 met the completeness criteria in 40 District (YCAPCD) Rule 3.15, There is a previous version of CFR part 51 Appendix V, which must be ‘‘Architectural Coatings,’’ into the AVAQMD 1113 adopted by the district met before formal EPA review. California SIP on May 3, 1982. SCAPCD on March 18, 2003. The EPA finalized On December 18, 2014, the submittal a simultaneous limited approval and and YCAPCD joined together to form the for FRAQMD Rule 3.15 and SBCAPCD limited disapproval of this version on FRAQMD on September 3, 1991; Rule 323.1 was deemed by operation of August 26, 2004 (69 FR 52432). however, SCAPCD Rule 3.15 and YCAPCD Rule 3.15 have remained in law to meet the completeness criteria in We approved Sutter County Air the SIP. The EPA is approving removal 40 CFR part 51 Appendix V. Pollution Control District (SCAPCD)

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of these rules because the SCAPCD and FRAQMD Rule 3.15. Table 2 lists the the YCAPCD no longer exist and the two superseded rules. requirements are superseded by

TABLE 2—RULES TO BE SUPERSEDED

Local agency Rule No. Rule title Submitted

SCAPCD ...... 3.15 Architectural Coatings...... 1/28/1981 YCAPCD ...... 3.15 Architectural Coatings...... 3/30/1981

There are no previous versions of sources covered by a Control 8. SCAPCD Rule 3.15, Architectural SBCAPCD Rule 323.1 in the SIP. Techniques Guidelines (CTG) document Coatings, submitted January 28, 1981, and as well as each major source of VOCs in approved by the EPA May 3, 1982 (47 FR C. What is the purpose of the submitted ozone nonattainment areas classified as 18856). rules and rule revisions? moderate or above (see CAA sections 9. YCAPCD Rule 3.15, Architectural Coatings, submitted March 30, 1981, and VOCs help produce ground-level 182(b)(2)). The EPA has designated a ozone and smog, which harm human approved by the EPA November 10, 1982 (47 portion of the FRAQMD (specifically, FR 50865). health and the environment. Section southern Sutter County) as a severe 10. FRAQMD Rule 3.15, Architectural 110(a) of the CAA requires States to nonattainment area for the 1-hour ozone Coatings, adopted June 19, 2014, and submit regulations that control VOC national ambient air quality standards submitted November 6, 2014. emissions. Architectural coatings are (NAAQS or standards) and the 1997 and 11. SBCAPCD Rule 323.1 Architectural coatings that are applied to stationary 2008 8-hour ozone standards. Similarly, Coatings, adopted June 19, 2014, and structures and their accessories. They the EPA has designated the AVAQMD submitted November 6, 2014. include house paints, stains, industrial as severe nonattainment for the 2008 8- 12. Final Rule To Implement the 8-Hour maintenance coatings, traffic coatings, hour ozone NAAQS, and the SBCAPCD Ozone NAAQS—Phase 2, 70 FR 71612 (Nov. 25, 2005). and many other products. VOCs are as unclassifiable/attainment for the 2008 emitted from the coatings during 8-Hour Ozone NAAQS. See 40 CFR B. Do the rules meet the evaluation application and curing, and from the 81.305. Because there are no relevant criteria? associated solvents used for thinning EPA CTG documents and because there and clean-up. are no major architectural coating We believe these rules are consistent AVAQMD Rule 1113 controls VOC sources, architectural coatings are with the relevant policy and guidance emissions from architectural coatings by considered area sources of VOC and are regarding enforceability, SIP relaxations establishing VOC limits on any not subject to RACT requirements. and stringency. The TSDs have more architectural coating supplied, sold, However, architectural coatings are information on our evaluation. offered for sale or manufactured for use subject to other VOC content limits and C. EPA Recommendations to Further within the AVAQMD. The major control measures described in the TSDs. Improve the Rules revision to Rule 1113 is elimination of Guidance and policy documents that the averaging provision which was the we used to evaluate the enforceability, The TSDs describe additional rule primary basis for the EPA’s 2004 limited revision/relaxation and stringency revisions that we recommend for the disapproval of a prior version of this requirements of this rule include the next time the local agencies modify the rule. following: rules, but are not currently the basis for Rule 3.15 and SBCAPCD Rule 323.1 rule disapproval. 1. ‘‘State Implementation Plans; General similarly control VOC emissions by Preamble for the Implementation of Title I of D. Public Comment and Final Action establishing VOC limits on architectural the Clean Air Act Amendments of 1990,’’ (57 coatings supplied, sold, offered for sale FR 13498, April 16, 1992 and 57 FR 18070, As authorized in section 110(k)(3) of or manufactured for use within the April 28, 1992). the Act, the EPA is fully approving the FRAQMD and SBCAPCD. 2. ‘‘Issues Relating to VOC Regulation submitted rules because we believe they The EPA’s technical support Cutpoints, Deficiencies, and Deviations’’ fulfill all relevant requirements. We do (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; documents (TSDs) have more not think anyone will object to this information about these rules. revised January 11, 1990). 3. ‘‘Guidance Document for Correcting approval, so we are finalizing it without II. The EPA’s Evaluation and Action Common VOC & Other Rule Deficiencies’’ proposing it in advance. However, in (‘‘the Little Bluebook,’’ EPA Region 9, August the Proposed Rules section of this A. How is the EPA evaluating the rules? 21, 2001). Federal Register, we are simultaneously SIP rules must be enforceable (see 4. National Volatile Organic Compound proposing approval of the same CAA section 110(a)(2)), must not Emission Standards for Architectural submitted rules. If we receive adverse Coatings, 40 CFR 59.400, Subpart D, Table 1, comments by January 7, 2016, we will interfere with applicable requirements VOC Content Limits for Architectural concerning attainment and reasonable Coatings. publish a timely withdrawal in the further progress or other CAA 5. California Air Resources Board (CARB) Federal Register to notify the public requirements (see CAA section 110(l)), ‘‘Suggested Control Measure for Architectural that the direct final approval will not and must not modify certain SIP control Coatings,’’ Approved 2007, February 1, 2008. take effect and we will address the requirements in nonattainment areas 6. AVAQMD Rule 1113,’’Architectural comments in a subsequent final action without ensuring equivalent or greater Coatings,’’ EPA Limited Approval and based on the proposal. If we do not Disapproval on August 26, 2004 (69 FR receive timely adverse comments, the emissions reductions (see CAA section 52432). 193). 7. South Coast Air Quality Management direct final approval will be effective Generally, SIP rules must require District Rule 1113, ’’Architectural Coatings,’’ without further notice on February 8, Reasonably Available Control amended June 3, 2011, and approved into the 2016. This will incorporate these rules Technology (RACT) for each category of SIP on March 26, 2013 (78 FR 18244). into the federally enforceable SIP.

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Please note that if the EPA receives • is not an economically significant proposed rulemaking for this action adverse comment on an amendment, regulatory action based on health or published in the Proposed Rules section paragraph, or section of this rule and if safety risks subject to Executive Order of today’s Federal Register, rather than that provision may be severed from the 13045 (62 FR 19885, April 23, 1997); file an immediate petition for judicial remainder of the rule, the EPA may • is not a significant regulatory action review of this direct final rule, so that adopt as final those provisions of the subject to Executive Order 13211 (66 FR the EPA can withdraw this direct final rule that are not the subject of an 28355, May 22, 2001); rule and address the comment in the adverse comment. • is not subject to requirements of proposed rulemaking. This action may Section 12(d) of the National not be challenged later in proceedings to III. Incorporation by Reference Technology Transfer and Advancement enforce its requirements (see section In this rule, the EPA is finalizing Act of 1995 (15 U.S.C. 272 note) because 307(b)(2)). regulatory text that includes application of those requirements would List of Subjects in 40 CFR Part 52 incorporation by reference. In be inconsistent with the Clean Air Act; accordance with requirements of 1 CFR and Environmental protection, Air • 51.5, the EPA is finalizing the does not provide the EPA with the pollution control, Incorporation by incorporation by reference of the discretionary authority to address, as reference, Intergovernmental relations, AVAQMD, FRAQMD, SBCAPCD, appropriate, disproportionate human Ozone, Reporting and recordkeeping SCAPCD and YCAPCD rules described health or environmental effects, using requirements, Volatile organic in the amendments to 40 CFR part 52 set practicable and legally permissible compounds. methods, under Executive Order 12898 forth below. The EPA has made, and Dated: October 19, 2015. will continue to make, these documents (59 FR 7629, February 16, 1994). In addition, the SIP is not approved Jared Blumenfeld, available electronically through to apply on any Indian reservation land Regional Administrator, Region IX. www.regulations.gov and in hard copy or in any other area where the EPA or at the appropriate EPA office (see the Part 52, Chapter I, Title 40 of the Code an Indian tribe has demonstrated that a ADDRESSES section of this preamble for of Federal Regulations is amended as tribe has jurisdiction. In those areas of more information). follows: Indian country, the rule does not have IV. Statutory and Executive Order tribal implications and will not impose PART 52—APPROVAL AND Reviews substantial direct costs on tribal PROMULGATION OF governments or preempt tribal law as IMPLEMENTATION PLANS Under the Clean Air Act, the specified by Executive Order 13175 (65 Administrator is required to approve a FR 67249, November 9, 2000). ■ 1. The authority citation for Part 52 SIP submission that complies with the The Congressional Review Act, 5 continues to read as follows: provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. Federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides Subpart F—California submissions, the EPA’s role is to that before a rule may take effect, the approve state choices, provided that agency promulgating the rule must ■ 2. Section 52.220 is amended by they meet the criteria of the Clean Air submit a rule report, which includes a adding paragraphs (c)(89)(iii)(E), Act. Accordingly, this action merely copy of the rule, to each House of the (c)(98)(i)(G), (c)(441)(i)(E)(3), approves state law as meeting Federal Congress and to the Comptroller General (c)(457)(i)(A)(5), and (c)(457)(i)(G) to requirements and does not impose of the United States. The EPA will read as follows: additional requirements beyond those submit a report containing this action § 52.220 Identification of plan. imposed by state law. For that reason, and other required information to the this action: U.S. Senate, the U.S. House of * * * * * • Is not a significant regulatory action Representatives, and the Comptroller (c) * * * subject to review by the Office of General of the United States prior to (89) * * * Management and Budget under publication of the rule in the Federal (iii) * * * Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect (E) Previously approved on May 3, October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the 1982, in paragraph (c)(89)(iii)(A) of this January 21, 2011); Federal Register. This action is not a section and now deleted with • does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. replacement in paragraph collection burden under the provisions 804(2). (c)(457)(i)(A)(5) by Feather River Air of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean Quality Management District Rule 3.15, U.S.C. 3501 et seq.); Air Act, petitions for judicial review of ‘‘Architectural Coatings.’’ • is certified as not having a this action must be filed in the United * * * * * significant economic impact on a States Court of Appeals for the (98) * * * substantial number of small entities appropriate circuit by February 8, 2016. (i) * * * under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by (G) Previously approved on May 3, U.S.C. 601 et seq.); the Administrator of this final rule does 1982, in paragraph (c)(98)(i)(A) of this • does not contain any unfunded not affect the finality of this action for section and now deleted with mandate or significantly or uniquely the purposes of judicial review nor does replacement in paragraph affect small governments, as described it extend the time within which a (c)(457)(i)(A)(5) by Feather River Air in the Unfunded Mandates Reform Act petition for judicial review may be filed, Quality Management District Rule 3.15, of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness ‘‘Architectural Coatings.’’ • does not have Federalism of such rule or action. Parties with * * * * * implications as specified in Executive objections to this direct final rule are (441) * * * Order 13132 (64 FR 43255, August 10, encouraged to file a comment in (i) * * * 1999); response to the parallel notice of (E) * * *

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(3) Rule 1113, ‘‘Architectural restricted by statute. Certain other five days of the July 1 submittal date) Coatings,’’ amended on March 18, 2003. material, such as copyrighted material, the time period within which MassDEP * * * * * is not placed on the Internet and will be must hold a public meeting to take (457) * * * publicly available only in hard copy public comment on MassDOT’s annual (i) * * * form. Publicly available docket update and status report for each project (A) * * * materials are available either through required by 310 CMR 7.36(2)(f) through (5) Rule 3.15, ‘‘Architectural http://www.regulations.gov or at the (j) and any project implemented Coatings,’’ amended on August 4, 2014. U.S. Environmental Protection Agency, pursuant to 310 CMR 7.36(4) and (5); * * * * * EPA New England Regional Office, and (3) replaces references to the (G) Santa Barbara County Air Office of Ecosystem Protection, Air Commonwealth’s Executive Office of Transportation and EOT with Pollution Control District. Quality Planning Unit, 5 Post Office Massachusetts Department of (1) Rule 323.1, ‘‘Architectural Square–Suite 100, Boston, MA. EPA Transportation and MassDOT, Coatings,’’ adopted on June 19, 2014. requests that if at all possible, you contact the contact listed in the FOR respectively. The formal SIP revision * * * * * FURTHER INFORMATION CONTACT section to was submitted to EPA by Massachusetts [FR Doc. 2015–30809 Filed 12–7–15; 8:45 am] schedule your inspection. The Regional on November 6, 2013. BILLING CODE 6560–50–P Office’s official hours of business are EPA’s role in reviewing SIP revisions Monday through Friday, 8:30 a.m. to is to approve state choices, provided 4:30 p.m., excluding legal holidays. they meet the criteria of the Clean Air ENVIRONMENTAL PROTECTION Act. An adequate SIP revision is one AGENCY Copies of the documents relevant to this action are also available for public that, among other things, meets the 40 CFR Part 52 inspection during normal business Clean Air Act requirement under CAA hours, by appointment at the Air and section 110(l) that a SIP revision must [EPA–R01–OAR–2013–0786; A–1–FRL– Climate Division, Department of not interfere with any applicable 9936–08–Region 1] Environmental Protection, One Winter requirement concerning attainment and Street, 8th Floor, Boston, MA 02108. reasonable further progress (as defined Approval and Promulgation of Air in CAA section 171) in relation to the FOR FURTHER INFORMATION CONTACT: Quality Implementation Plans; national air quality standards (NAAQS) Massachusetts; Transit System Donald O. Cooke, Air Quality Planning or any other applicable requirement of Improvements Unit, U.S. Environmental Protection the Act. The Commonwealth has Agency, EPA New England Regional flexibility to revise SIP-approved AGENCY: Environmental Protection Office, Office of Ecosystem Protection, 5 Agency (EPA). transportation control measures (TCMs), Post Office Square–Suite 100, (Mail provided the revisions are consistent ACTION: Final rule. code OEP05–2), Boston, MA 02109– with attaining and maintaining 3912, telephone number (617) 918– SUMMARY: The Environmental Protection compliance with the NAAQS. EPA has 1668, fax number (617) 918–0668, email determined that the removal of the Agency (EPA) is approving a State [email protected]. Implementation Plan (SIP) revision design aspect of the Red Line/Blue Line SUPPLEMENTARY INFORMATION: submitted by the Commonwealth of Connector from the SIP, as well as the Massachusetts. This revision removes Throughout this document whenever administrative revisions included in from the SIP the design aspect of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Massachusetts’ November 6, 2013 SIP Red Line/Blue Line Connector EPA. submittal, do not interfere with transportation control measure as a Organization of this document. The attainment or with reasonable further requirement in the Massachusetts SIP, following outline is provided to aid in progress or any other applicable Clean without substitution or replacement, locating information in this preamble. Air Act requirement. Therefore, we are and in addition implements I. Background and Purpose approving Massachusetts’ revised 310 administrative changes that lengthen the II. Response to Comments CMR 7.36, ‘‘Transit System existing public process requirement so III. Final Action Improvements.’’ that a public meeting on the annual IV. Incorporation by Reference V. Statutory and Executive Order Reviews II. Response to Comments update and status report be held within EPA received forty-one comments on I. Background and Purpose seventy-five days of its July 1st our December 1, 2014 NPR. Comments submittal date and replaces references On December 1, 2014 (79 FR 71061), were received from: U.S. Senators to the Executive Office of EPA published a Notice of Proposed Elizabeth Warren and Edward J. Markey; Transportation (EOT) with references to Rulemaking (NPR) for the U.S. Representatives Michael Capuano the Massachusetts Department of Commonwealth of Massachusetts. The and Katherine Clark; Edward W. Transportation (MassDOT). This action NPR proposed approval of a revised Deveau, Candidate for State is being taken in accordance with the version of 310 Code of Massachusetts Representative, 1st Suffolk District; Clean Air Act. Regulations (CMR) 7.36, ‘‘Transit Boston Councilor Salvatore LaMattina; DATES: This rule is effective on January System Improvements,’’ effective under Massachusetts Port Authority 7, 2016. Massachusetts law on October 25, 2013. (Massport); Conservation Law ADDRESSES: EPA has established a An earlier version of this rule had Foundation (CLF); A Better City (ABC); docket for this action under Docket previously been approved by EPA into and Frederick Salvucci (former Identification No. EPA–R01–OAR– the Massachusetts SIP. See 73 FR 44654. Secretary of Massachusetts Department 2013–0786. All documents in the docket The revised regulation: (1) Deletes the of Transportation). In addition, are listed on the http:// SIP requirement to design the Red Line/ comments were received from East www.regulations.gov Web site. Although Blue Line Connector from the Blue Line Boston, Dorchester, and Medford, listed in the index, some information is at Government Center to the Red Line at Massachusetts residents. Although six not publicly available, i.e., CBI or other Charles Station; (2) lengthens by fifteen of the forty-one comments were information whose disclosure is days (from sixty days to within seventy- received after the public comment

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period closed, all comments have been Response #2: As noted above in our Blue Line Connector project. Similarly, fully considered and responded to in response to Comment #1, EPA’s role is other commenters stated that they wish this final action. to determine whether or not removing to protest the possible negation of the Copies of the public comments have the commitment to design the Red Line/ commitment, made during the Big Dig, been placed in the public docket Blue Line Connector from the SIP is to finally connect the Blue Line to the without change and are available online consistent with the requirements of the Red Line at Charles Street in Boston, at http://www.regulations.gov, docket Clean Air Act. We note that the Massachusetts. number EPA–R01–OAR–2013–0786, Massachusetts SIP does not contain any Response #4: Again, EPA document numbers EPA–R01–OAR– provision requiring Massachusetts to acknowledges the commenters’ support 2013–0786–0040 through EPA–R01– implement and operate the Red Line/ for the Red Line/Blue Line Connector OAR–2013–0786–0080. Blue Line Connector. In fact, that project, but we reiterate that EPA’s role Comment #1: Commenters urged the requirement was previously removed in reviewing SIP revisions is to approve EPA to deny MassDEP’s request to from the SIP after notice and comment, state choices, provided they meet the amend the SIP and to continue to as discussed in the notice of proposed relevant requirements of the Clean Air include the design aspect of the Red rulemaking. We also, note, that Act. As explained earlier, Line/Blue Line Connector in the approving the removal of the Massachusetts’ proposed SIP revision Commonwealth’s program. Some of requirement to design the Red Line/Blue and EPA’s approval of it, meet all these comments related to a desire to Line Connector from the SIP, does not relevant CAA requirements, including decrease traffic congestion and to preclude this project from moving those contained within CAA section improve commuting convenience for forward at a later date. Whether or not 110(l). In addition, we note that not all riders of the mass transit system. Other the project and/or its design is in the of the mitigation projects associated comments identified a concern about Massachusetts SIP, the Commonwealth with the ‘‘Depression of the Central adverse impacts of the SIP revision to is free to implement the project in the Artery and Third Harbor Tunnel lower income communities, sometimes future if it so chooses. Project’’ (known as CA/THT or the Big raising the concept of environmental Comment #3: Commenters stated that Dig) were submitted by the justice in that context. full design of the Red Line/Blue Line Commonwealth of Massachusetts to be Response #1: EPA acknowledges the Connector is a commitment MassDOT part of its SIP, and were not required to commenters’ support for the design of made in 2006, and if MassDOT had no be under the CAA. Those mitigation the Red Line/Blue Line Connector, and intention of building the Red Line/Blue measures adopted into the the variety of reasons for their support. Line Connector, that would have been Massachusetts SIP in 1991 (see October However, the relevant question before the time to decline to take on the design 4, 1994; 59 FR 2795) and modified in EPA in deciding whether or not to as a legal commitment. 2006 (see July 31, 2008; 73 FR 44654) approve the proposed Massachusetts Response #3: Again, we note that are clearly identified in the December 1, SIP revision before us is whether EPA’s role in reviewing SIP revisions is 2014 NPR (79 FR 71061). Massachusetts’ deletion of the design of to approve state choices, provided they Comment #5: One commenter stated the Red Line/Blue Line Connector from meet the relevant requirements of the that MassDEP’s proposed SIP revision the SIP would interfere with any Clean Air Act. However, for should be disapproved or denied by applicable requirement concerning completeness, we also note the EPA as inconsistent with the attainment or reasonable further following regarding MassDOT’s stated requirements of the CAA because progress, or any other applicable Clean rationale regarding this project. Massachusetts has not offered a Air Act requirement. See CAA section MassDOT took a number of steps since substitution project or measure in place 110(l). As noted in EPA’s December 1, 2006 to advance the Red Line/Blue Line of, or in substitution for, the design for 2014 NPR, the previously approved SIP Connector design, including, but not the Red Line/Blue Line Connector requirement at issue is for the design limited to, allocating resources to project. Similarly, another commenter aspect of a project only; consequently, advance the conceptual design, noted that the air quality benefits from removing this particular requirement completing a Draft Environmental the Red Line/Blue Line Connector from the SIP will not affect the total Impact Report, and forming and meeting project are implicit in the initial emission reductions achieved from the with a working group. MassDOT has inclusion of the design requirement into projects included in the Massachusetts estimated that $50 million would be the SIP, and therefore cannot be Transit System Improvements needed to complete the final design, far removed without substitution. Another Regulation and also would not interfere exceeding the $29 million last identified commenter further commented that if with any applicable requirement in the Boston Metropolitan Planning the original inclusion of the Red Line/ concerning attainment, reasonable Organization (MPO) 2009 Regional Blue Line Connector project design in further progress, or any other applicable Transportation Plan (RTP). MassDOT the revised SIP helped the state achieve Clean Air Act requirements, thereby determined as part of this effort and as compliance with the NAAQS, it would satisfying the requirements set forth in a result of its findings, that allocating be inconsistent to remove it now section 110(l) of the Clean Air Act. additional and scarce transportation without substitution. Therefore, EPA is approving the revised funding to the final design of this Response #5: As stated in EPA’s regulation. particular project is not justified at this December 1, 2014 NPR, because the Comment #2: Commenters expressed time, and that emissions reductions that previously approved SIP requirement is concern that removing the design of the will occur pursuant to other approved for design of the project only, removing Red Line/Blue Line Connector from the transportation control measures are this requirement from the SIP will not SIP would free the MassDOT adequate. affect the total emission reductions (Massachusetts Department of Comment #4: Commenters noted that achieved from the totality of the projects Transportation) from its commitment to they want all ‘‘Big Dig’’ mitigation included in the Massachusetts Transit move forward on the project, thus requirements enforced by EPA and System Improvements Regulation and jeopardizing the prospects of the Red requested that EPA insist that the would not interfere with any applicable Line/Blue Line Connector ever Commonwealth of Massachusetts finish requirement concerning attainment, becoming a reality. the final design plans for the Red Line/ reasonable further progress, or any other

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applicable Clean Air Act requirement, economic development or would allow fare-paying riders to walk thereby satisfying the requirements set environmental justice concerns. under Washington Street between State forth in section 110(l) of the Clean Air Comment #7: One commenter stated Street and Downtown Crossing, thus Act. Moreover, MassDEP has that the EPA should consider requiring providing an alternative Red Line/Blue demonstrated that the requirements of the Commonwealth to remain Line connection. The commenter noted SIP-approved regulation 310 CMR 7.36, committed to complete the design of the that the Jeffries Point Neighborhood ‘‘Transit System Improvements’’ have project while investigating innovative Association (JPNA) strongly supports been met. That regulation contains finance options for its implementation. the engineering and construction of the specific provisions under 310 CMR 7.36 Response #7: The Commonwealth has Red Line/Blue Line Connector project. (5), ‘‘Substitute Transit System flexibility to revise its SIP-approved However, the commenter also noted that Improvement Projects,’’ and 310 CMR transportation control measures (TCMs), should the EPA allow the 7.36 (8), ‘‘Determination of Air Quality provided the revisions are consistent Commonwealth to abandon the Red Emission Reductions’’ that govern the with attaining and maintaining Line/Blue Line Connector, it must requirements that MassDOT must meet compliance with the NAAQSs, mandate the Commonwealth to pursue when substituting for certain projects reasonable further progress, and any alternatives, such as the pedestrian required by 310 CMR 7.36. Those other applicable requirements of the tunnel outlined above. projects include the Fairmount Line CAA. EPA has no authority to require Response #9: As noted earlier, EPA’s improvements outlined in 310 CMR the Commonwealth to investigate role in this rulemaking action is to 7.36(2)(h)1. and Green Line Extension innovative finance options for the Red approve state choices, provided they projects outlined in 310 CMR 7.36(2)(i). Line/Blue Line Connector project’s meet the requirements of the Clean Air For those projects, the substitution implementation. Act. As we’ve explained, the CAA does provisions are very specific and must Comment #8: One commenter not provide EPA with the authority in include a demonstration that the expressed that there was a very serious the context of this particular SIP proposed substitute project will achieve harm caused by the MBTA’s failure to revision to require the Commonwealth complete in a timely manner the final 110% of the emission reductions of to implement any alternative project(s), design for the Red Line/Blue Line NMHC, CO and NO that would have including those identified by a number X Connector project, because the been achieved had all components of of commenters. Thus, the issue of Commonwealth’s project to relocate the project required by 310 CMR 7.36 alternatives to the Red Line/Blue Line Storrow Drive at Charles Street into a been completed. These substitution Connector is not germane to EPA’s straighter alignment is located in the provisions do not include the design of approval or disapproval of the same area identified in the Blue-Red the Red Line/Blue Line Connector Commonwealth’s request to remove the DEIS (Draft Environmental Impact project which MassDEP has concluded design of the Red Line/Blue Line Statement) as needed for an will achieve no air quality benefits. As Connector project from the underground rail track. Massachusetts SIP without substitution such, as discussed above in an earlier Response #8: This comment is not or replacement. response to comment, no substitution germane to the requirements of the CAA Comment #10: One commenter noted for this SIP revision is required under pursuant to which EPA must evaluate that with the announcement that Boston the SIP. the Commonwealth’s SIP revision. As was chosen as the U.S. delegate to host Comment #6: A commenter noted that noted earlier, the SIP revision only the 2024 Summer Olympics, now is as there will be a time in the not too relates to a provision that requires good a time as any to revisit the distant future when it will be apparent design, not implementation, of a project. that the Red Line/Blue Line Connector Commonwealth’s transportation issues. However, for completeness, we note that Response #10: The Commonwealth’s project must be built, either for Clean completion of the design of the Red transportation planning efforts will Air Act attainment purposes, or for Line/Blue Line Connector would not continue over time to evaluate and economic development and/or preserve the right of way for the Red prioritize transportation projects in the environmental justice reasons. Line/Blue Line Connector, nor prevent Boston area and across the According to the commenter, since any state, county or city transportation Commonwealth. The removal of the MassDOT clearly has no intention of project from incursion into the area design of the Red Line/Blue Line preparing for that moment, it must be defined as project limits or right of way Connector project is consistent with forced to do so. in the Red Line/Blue Line Connector Massachusetts Department of Response #6: The transportation design. The Boston Metropolitan Transportation’s planning process. The measure in the Massachusetts’ SIP is a Planning Organization which includes CAA does not provide EPA with the requirement to design the Red Line/Blue the Mass DOT, and the City of Boston authority to disapprove the Line Connector project. EPA has no must establish priority of transportation Commonwealth’s SIP revision as a authority under the CAA or any other projects and in their transportation result of the possibility that Boston may statute or regulation to require the planning avoid or mitigate conflicts host the 2024 Olympic Games. Commonwealth to build a particular with future transportation projects. Comment #11: One commenter transportation measure which is not Comment #9: A commenter presented asserted that there are clearly air quality part of the approved SIP. Moreover, not the idea of a pedestrian connection benefits associated with designing a including a transportation project in the between State Street and Downtown transit project. Specifically, the SIP does not in any way prevent the Crossing as an alternative to the Red commenter stated: Commonwealth from constructing the Line/Blue Line Connector project. As project. The legal analysis as to whether described by the commenter, this For a transit project to be constructed, it or not EPA must, under the CAA, alternative project would extend the has to be designed first. Frequently, funding approve Massachusetts’ SIP revision in existing Orange Line Southbound becomes available for a transit project only after it has been designed. Increasingly, only this instance, particularly because it is platform at State Street to connect with projects that are shovel-ready are eligible to only a design requirement with no air the existing Orange Line Northbound apply when Federal funding opportunities quality or emissions implications, does platform at Downtown Crossing. The arise. Thus, designing a transit project, more not change in light of potential commenter notes that this connection than anything else, raises its chances of being

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built. As a result, air quality benefits can be any of the revisions EPA is approving in Reduction Offset Projects and calculated by applying a discounted this final action alter the air quality Measures.’’ In the case of delayed percentage of those the constructed project results. projects, MA DOT has submitted the would produce . . . Even if discounted by Comment #13: A number of appropriate ‘‘petition to delay the ninety percent, the design of the Connector commenters presented the merits of a project,’’ which identifies the necessary would still provide emission reductions of 15.6 kilograms for carbon monoxide, 0.4 completed Red Line/Blue Line interim offset project(s); has undergone kilograms for nitrogen oxides, and 0.9 Connector project. the required public review, and has kilograms for volatile organic compounds per Response #13: EPA acknowledges the received approval by the Massachusetts day. potential benefits associated with a Department of Environmental completed Red Line/Blue Line Response #11: EPA agrees that Protection. And nothing contained in Connector Project. However, the project designing a project and having the the commenter’s comment leads EPA to as defined in the Massachusetts SIP is project ‘‘shovel-ready’’ increases a conclude that any relevant requirement only for design of the Red Line/Blue of the CAA is not being complied with project’s chance of being implemented, Line Connector. EPA and the or is being violated. Finally, EPA but disagrees that any air quality Massachusetts Department of believes that Massachusetts’ benefits necessarily would be obtained Environmental Protection have administrative record, which included a or derived from a project which only concluded that there are no air quality public hearing, a comment period and involves the requirement to design the benefits achieved by the inclusion in the responses to public comments, indicates project on paper. A project must be Commonwealth’s SIP of the requirement that Massachusetts had rational reasons completed and operational to derive any to only design the Red Line/Blue Line for concluding that finishing the design air quality benefits and the SIP revision Connector. for the Red Line/Blue Line Connector does not include removal of any Comment #14: One commenter would not be prudent. provisions that require completion of expressed concern that, if EPA does not Comment #15: One commenter stated the project or its operation. EPA does enforce regulations which it encouraged that inaction by Massachusetts on the not believe that estimating air quality the state to adopt in conjunction with transit and other SIP commitments has benefits or emissions reductions using the largest highway construction project caused substantially more damage to air discount factors reflecting probabilities in recent history, what reason is there to quality than the standard traffic and air that a project will or will not occur is take EPA seriously when it talks about quality prediction methods predict. In appropriate in this context, and nothing new regulations about climate change? particular, the commenter stated that in the CAA suggests that EPA is Additionally, the commenter noted: the delay in implementation of the obligated, or even has the authority, to It may be difficult to get Massachusetts to original commitments has resulted in do so. land use adjustments that are less transit Comment #12: A commenter noted behave responsibly, but the least the public should be able to expect out of EPA is that oriented than would have been the case, that, ultimately, the SIP has to allow the it clearly find fault with the ridiculously and auto ownership patterns higher Commonwealth to attain and/or delayed non-performance of Massachusetts, than would have been the case, with maintain compliance with the NAAQS and not endorse the cynical effort to drop a lasting negative impacts that are not and that MassDEP has not provided any commitment that has been included in Big factored into the standard models used modeling as part of this proposal to Dig regulations since the 1990 final EIR by Massachusetts. Another commenter amend the SIP to demonstrate that the (Environmental Impact Report) and 1991 DEP also stated, ‘‘The situation cries out for remaining projects are sufficient. The vent shaft regulations, and the 1993 SIP, and part of the basis of the 2006 court settlement. at least a transparent re-evaluation of commenter further stated that to even be the original 1990 commitments, and able to evaluate this request to amend Response #14: As noted in the begs the question of the need for much the SIP properly, EPA should require December 1, 2014 NPR, the original more aggressive implementation of MassDEP to remodel the air quality commitment to construct the Red Line/ transit improvements to get the horse benefits expected from the projects Blue Line Connector project was back into the barn, now that it has been remaining in the revised SIP and then changed to a design only commitment allowed to run amuck in the garden.’’ compare those benefits to those of the in a 2006 SIP revision, which was Response #15: As noted above, not all remaining transit system improvement approved by EPA on July 31, 2008 (73 of the mitigation projects associated projects without the Red Line/Blue Line FR 44654). Under consideration in with the ‘‘Depression of the Central Connector project. today’s action is EPA’s approval of the Artery and Third Harbor Tunnel Response #12: The three changes removal of the commitment to design Project’’ (known as CA/THT or the Big being considered by EPA in this SIP the Red Line/Blue Line Connector Dig) were submitted by the revision, (removal of the design of the project. Climate change-related Commonwealth of Massachusetts to be Red Line/Blue Line Connector from the regulations, and whether persons part of its SIP; nor were they required Massachusetts SIP, without substitution believe there are reasons to take EPA’s to be by the CAA. Those mitigation or replacement; implementation of efforts to address climate change measures adopted into the administrative changes that lengthen the seriously, are not relevant to today’s Massachusetts SIP in 1991 (see October existing public process by fifteen days; action. Moreover, the commenter’s 4, 1994; 59 FR 2795) and modified in and replacement of references to the reference to Massachusetts’ alleged 2006 (see July 31, 2008; 73 FR 44654) Executive Office of Transportation ‘‘ridiculously delayed non- are clearly identified in the December 1, (EOT) with references to the performance,’’ is misplaced because it 2014 NPR (79 FR 71061). EPA Massachusetts Department of makes reference to projects that are concluded in the 1994 and 2008 Transportation (MassDOT)), would not either (1) no longer part of the approval actions, that the Massachusetts affect the assumptions used in, or the Massachusetts SIP and which have been transportation control measures results of, the air quality modeling replaced by other projects or (2) incorporated into the SIP were conducted when the transportation addressed by provisions in the consistent with the requirements of the control measures currently in the SIP, Massachusetts regulation at 310 CMR CAA, including CAA section 110(l) for and which will remain in the SIP, were 7.36(4) ‘‘Project Delays and the 2008 approval action. As noted previously approved by EPA; nor would Implementation of Interim Emission earlier on several occasions, today’s

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action is limited to EPA’s approval of modifications would not interfere with • Is not a significant regulatory action the removal of the commitment to any applicable requirement concerning subject to Executive Order 13211 (66 FR design the Red Line/Blue Line attainment, reasonable further progress, 28355, May 22, 2001); Connector project. EPA finds no basis or or any other applicable Clean Air Act • Is not subject to requirements of authority under the CAA that would requirement. Section 12(d) of the National require the Agency to undertake the Technology Transfer and Advancement steps and analysis suggested by the IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because commenter as a result of the SIP In this rule, the EPA is finalizing application of those requirements would revision at issue today. regulatory text that includes be inconsistent with the Clean Air Act; Comment #16: One commenter incorporation by reference. In and recommended that the Commonwealth accordance with requirements of 1 CFR • Does not provide EPA with the be required to perform a comprehensive 51.5, the EPA is finalizing the discretionary authority to address, as re-analysis of emerging congestion on incorporation by reference of the appropriate, disproportionate human the center of the interstate network, Massachusetts’ regulation described in health or environmental effects, using including analysis of the capacity of the the amendments to 40 CFR part 52 set practicable and legally permissible system to handle the Everett Casino, forth below. The EPA has made, and methods, under Executive Order 12898 The Seaport Innovation District will continue to make, these documents (59 FR 7629, February 16, 1994). projected build-out, the Kendall square generally available electronically In addition, the SIP is not approved expected build-out, additional parking through http://www.regulations.gov to apply on any Indian reservation land under consideration at Logan Airport, and/or in hard copy at the appropriate or in any other area where EPA or an and identification of further needed EPA office (see the ADDRESSES section of Indian tribe has demonstrated that a transit investment to support these this preamble for more information). tribe has jurisdiction. In those areas of added traffic generators. Indian country, the rule does not have Response #16: Overall transportation V. Statutory and Executive Order tribal implications and will not impose planning considerations are not Reviews substantial direct costs on tribal germane to this SIP revision and EPA Under the Clean Air Act, the governments or preempt tribal law as has no authority under the CAA to Administrator is required to approve a specified by Executive Order 13175 (65 require the Commonwealth to undertake SIP submission that complies with the FR 67249, November 9, 2000). such analyses in the context of EPA’s provisions of the Act and applicable The Congressional Review Act, 5 action on the Commonwealth’s Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small submitted SIP revision. Requiring the 40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement Commonwealth, the Metropolitan submissions, EPA’s role is to approve Fairness Act of 1996, generally provides Planning Organization, or the Cities of state choices, provided that they meet that before a rule may take effect, the Boston, Cambridge and Everett to the criteria of the Clean Air Act. agency promulgating the rule must conduct additional transportation Accordingly, this action merely submit a rule report, which includes a planning is outside EPA’s authority to approves state law as meeting Federal copy of the rule, to each House of the evaluate and approve the Massachusetts requirements and does not impose Congress and to the Comptroller General SIP revision before EPA. additional requirements beyond those of the United States. EPA will submit a report containing this action and other III. Final Action imposed by state law. For that reason, this action: required information to the U.S. Senate, EPA is approving Massachusetts’ the U.S. House of Representatives, and • Is not a significant regulatory action revised 310 CMR 7.36, ‘‘Transit System the Comptroller General of the United subject to review by the Office of Improvements,’’ submitted on States prior to publication of the rule in Management and Budget under November 6, 2013, as a revision to the the Federal Register. A major rule Executive Orders 12866 (58 FR 51735, Massachusetts SIP. This revised rule: (1) cannot take effect until 60 days after it October 4, 1993) and 13563 (76 FR 3821, Deletes the existing SIP requirement to is published in the Federal Register. January 21, 2011); design the Red Line/Blue Line This action is not a ‘‘major rule’’ as • Does not impose an information Connector project from the Blue Line at defined by 5 U.S.C. 804(2). Government Center to the Red Line at collection burden under the provisions Under section 307(b)(1) of the Clean Charles Station; (2) lengthens by fifteen of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of days the time period during which U.S.C. 3501 et seq.); • this action must be filed in the United MassDEP must hold a public meeting Is certified as not having a States Court of Appeals for the and take public comment on MassDOT’s significant economic impact on a appropriate circuit by February 8, 2016. annual update and status report; and (3) substantial number of small entities Filing a petition for reconsideration by replaces references to Executive Office under the Regulatory Flexibility Act (5 the Administrator of this final rule does of Transportation and EOT with U.S.C. 601 et seq.); not affect the finality of this action for • references to Massachusetts Department Does not contain any unfunded the purposes of judicial review nor does of Transportation and MassDOT, mandate or significantly or uniquely it extend the time within which a respectively. affect small governments, as described petition for judicial review may be filed, EPA’s review of the material in the Unfunded Mandates Reform Act and shall not postpone the effectiveness submitted on November 6, 2013 to of 1995 (Pub. L.104–4); of such rule or action. This action may • remove the ‘‘design only’’ of the Red Does not have Federalism not be challenged later in proceedings to Line/Blue Line Connector project from implications as specified in Executive enforce its requirements. (See section the Massachusetts SIP; add Order 13132 (64 FR 43255, August 10, 307(b)(2).) administrative changes to lengthen 1999); portions of the public process under 310 • Is not an economically significant List of Subjects in 40 CFR Part 52 CMR 7.36(2)(i); and update references to regulatory action based on health or Environmental protection, Air the appropriate State transportation safety risks subject to Executive Order pollution control, Carbon monoxide, agency, indicates that these 13045 (62 FR 19885, April 23, 1997); Incorporation by reference,

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Intergovernmental relations, Lead, Subpart W—Massachusetts Commonwealth of Massachusetts on Nitrogen dioxide, Ozone, Particulate October 25, 2013. ■ matter, Reporting and recordkeeping 2. Section 52.1120 is amended by (ii) Additional materials. requirements, Sulfur oxides, Volatile adding paragraph (c)(143) to read as organic compounds. follows: (A) Letter from the Massachusetts Department of Environmental Protection Dated: September 29, 2015. § 52.1120 Identification of plan. dated November 6, 2013 submitting a H. Curtis Spalding, * * * * * revision to the Massachusetts State Regional Administrator, EPA New England. (c) * * * Implementation Plan. Part 52 of chapter I, title 40 of the (143) Revisions to the State Code of Federal Regulations is amended Implementation Plan submitted by the ■ 3. In § 52.1167, Table 52.1167 is as follows: Massachusetts Department of amended by adding a new entry to the Environmental Protection on November existing state citation for 310 CMR 7.36 PART 52—[AMENDED] 6, 2013. to read as follows: (i) Incorporation by reference. ■ 1. The authority citation for part 52 (A) Massachusetts Regulation 310 § 52.1167 EPA-approved Massachusetts continues to read as follows: CMR 7.36 entitled ‘‘U Transit System State regulations. Authority: 42 U.S.C. 7401 et seq. Improvements,’’ effective in the * * * * *

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS [See notes at end of table]

Date Comments/ State citation Title/subject submitted by Date approved Federal Register 52.1120(c) unapproved state by EPA citation sections

******* 310 CMR 7.36 ...... Transit System Im- 11/6/13 12/8/15 [Insert Federal Reg- 143 Removes from the provements. ister citation]. SIP the commit- ment to design the Red Line/Blue Line Connector project.

******* Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 2. The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2015–30819 Filed 12–7–15; 8:45 am] DATES: This rule is effective on February please visit http://www.epa.gov/ BILLING CODE 6560–50–P 8, 2016 without further notice, unless dockets/comments.html for further the EPA receives adverse comments by instructions. Multimedia submissions January 7, 2016. If we receive such (audio, video, etc.) must be ENVIRONMENTAL PROTECTION comments, we will publish a timely accompanied by a written comment. AGENCY withdrawal in the Federal Register to The written comment is considered the notify the public that this direct final 40 CFR Part 52 official comment and should include rule will not take effect. discussion of all points you wish to ADDRESSES: Submit comments, make. For the full EPA public comment [EPA–R09–OAR–2015–0689; FRL–9936–83– identified by docket number EPA–R09– policy and general guidance on making Region 9] OAR–2015–0689, by one of the effective comments, please visit http:// Approval of California Air Plan following methods: www.epa.gov/dockets/comments.html. 1. Federal eRulemaking Portal: Revisions, Placer County Air Pollution Docket: Generally, documents in the www.regulations.gov. Follow the on-line Control District docket for this action are available instructions. electronically at www.regulations.gov or AGENCY: Environmental Protection 2. Email: [email protected]. in hard copy at EPA Region IX, 75 Agency (EPA). 3. Mail or deliver: Andrew Steckel Hawthorne Street, San Francisco, ACTION: Direct final rule. (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, California 94105–3901. While all documents in the docket are listed at SUMMARY: The Environmental Protection San Francisco, CA 94105–3901. Agency (EPA) is taking direct final Instructions: Once submitted, www.regulations.gov, some information action to approve a revision to the comments cannot be edited or may be publicly available only at the Placer County Air Pollution Control withdrawn. The EPA may publish any hard copy location (e.g., copyrighted District (PCAPCD) portion of the comment received to its public docket. material, large maps), and some may not California SIP. We are approving a local Do not submit electronically any be publicly available in either location emergency episode plan that describes information you consider to be (e.g., CBI). To inspect the hard copy actions that PCAPCD will take to Confidential Business Information (CBI) materials, please schedule an prevent dangerously high ambient or other information whose disclosure is appointment during normal business emission levels under the Clean Air Act restricted by statute. If you need to hours with the contact listed in the FOR (CAA or the Act). include CBI as part of your comment, FURTHER INFORMATION CONTACT section.

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FOR FURTHER INFORMATION CONTACT: B. Are there other versions of this plan? IV. Statutory and Executive Order Reviews Vanessa Graham, EPA Region IX, (415) C. What is the purpose of the submitted I. The State’s Submittal 947–4120 [email protected]. plan? II. The EPA’s Evaluation and Action SUPPLEMENTARY INFORMATION A. What plan did the State submit? : A. How is the EPA evaluating the plan? Throughout this document, ‘‘we,’’ ‘‘us,’’ B. Does the plan meet the evaluation Table 1 lists the plan addressed by and ‘‘our’’ refer to the EPA. criteria? this action with the date that it was Table of Contents C. EPA Recommendations To Further Improve the Plan adopted by the PCAPCD and submitted I. The State’s Submittal D. Public Comment and Final Action by California Air Resources Board A. What plan did the State submit? III. Incorporation by Reference (ARB).

TABLE 1—SUBMITTED PLAN

Local agency Plan title Adopted Submitted

PCAPCD ...... Ozone Emergency Episode Plan ...... June 11, 2015 ...... July 15, 2015.

On August 11, 2015, the EPA Plan’’ Elements under Clean Air Act www.regulations.gov and in hard copy determined that the submittal for the Sections 110(a)(1) and 110(a)(2), EPA at the appropriate EPA office (see the PCAPCD Ozone Emergency Episode (September 2013). ADDRESSES section of this preamble for Plan met the completeness criteria in 40 more information). B. Does the plan meet the evaluation CFR part 51 Appendix V, which must be criteria? met before formal EPA review. IV. Statutory and Executive Order We believe this plan is consistent Reviews B. Are there other versions of this plan? with the relevant policy and guidance Under the Clean Air Act, the There are no previous versions of this regarding enforceability, SIP relaxations Administrator is required to approve a plan adopted by PCAPCD or approved and infrastructure SIPs. The EPA’s SIP submission that complies with the by EPA in the SIP. technical support document (TSD) has provisions of the Act and applicable C. What is the purpose of the submitted more information about this plan and Federal regulations. 42 U.S.C. 7410(k); plan? our evaluation. 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve The CAA requires the EPA to C. Public Comment and Final Action state choices, provided that they meet establish National Ambient Air Quality As authorized in section 110(k)(3) of the criteria of the Clean Air Act. Standards (NAAQS) for Ozone and five the Act, the EPA is fully approving the Accordingly, this action merely other pollutants that are harmful to submitted plan because we believe it approves state law as meeting Federal public health and the environment. fulfills all relevant requirements. We do requirements and does not impose Each state is required to submit to the not think anyone will object to this additional requirements beyond those EPA, within three years after the approval, so we are finalizing it without imposed by state law. For that reason, promulgation of a primary or secondary proposing it in advance. However, in this action: NAAQS, or any revision thereof, an the Proposed Rules section of this • infrastructure SIP revision that provides Is not a significant regulatory action Federal Register, we are simultaneously subject to review by the Office of for the implementation, maintenance, proposing approval of the same and enforcement of such NAAQS. CAA Management and Budget under submitted plan. If we receive adverse Executive Orders 12866 (58 FR 51735, § 110(a)(2) describes the contents comments by January 7, 2016, we will required of such a plan that constitute October 4, 1993) and 13563 (76 FR 3821, publish a timely withdrawal in the January 21, 2011); the ‘‘infrastructure’’ of a state’s air Federal Register to notify the public • does not impose an information quality management program. The that the direct final approval will not collection burden under the provisions PCAPCD Ozone Emergency Episode take effect and we will address the of the Paperwork Reduction Act (44 Plan is intended to fulfill the CAA comments in a subsequent final action § 110(a)(2)(G) infrastructure SIP U.S.C. 3501 et seq.); based on the proposal. If we do not • requirement for states to submit an air receive timely adverse comments, the is certified as not having a pollution emergency contingency plan direct final approval will be effective significant economic impact on a as required by 40 CFR part 51, subpart without further notice on February 8, substantial number of small entities H. 2016. This will incorporate the rule into under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); II. The EPA’s Evaluation and Action the federally enforceable SIP. • does not contain any unfunded A. How is the EPA evaluating the rule? III. Incorporation by Reference mandate or significantly or uniquely SIPs must be enforceable (see CAA In this rule, the EPA is finalizing affect small governments, as described section 110(a)(2)) and SIP revisions are regulatory text that includes in the Unfunded Mandates Reform Act restricted in how they can relax incorporation by reference. In of 1995 (Pub. L. 104–4); approved SIPs. This plan must also accordance with requirements of 1 CFR • does not have Federalism meet the infrastructure SIP requirements 51.5, the EPA is finalizing the implications as specified in Executive found in 40 CFR part 51, subpart H incorporation by reference of the Order 13132 (64 FR 43255, August 10, (51.150 through 51.153). PCAPCD rule described in the 1999); Guidance that we used to evaluate amendments to 40 CFR part 52 set forth • is not an economically significant section 110(a)(2) CAA requirements below. The EPA has made, and will regulatory action based on health or includes: ‘‘Guidance Document for continue to make, these documents safety risks subject to Executive Order Infrastructure State Implementation available electronically through 13045 (62 FR 19885, April 23, 1997);

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• is not a significant regulatory action EPA can withdraw this direct final rule revision provides a demonstration of subject to Executive Order 13211 (66 FR and address the comment in the implementation of best available control 28355, May 22, 2001); proposed rulemaking. This action may measures (BACM) for control of • is not subject to requirements of not be challenged later in proceedings to particulate matter with an aerodynamic Section 12(d) of the National enforce its requirements (see section diameter less than or equal to a nominal Technology Transfer and Advancement 307(b)(2)). ten micrometers (PM10) within Truckee Act of 1995 (15 U.S.C. 272 note) because Meadows. The second revision is a plan List of Subjects in 40 CFR Part 52 application of those requirements would that provides for the maintenance of the be inconsistent with the Clean Air Act; Environmental protection, Air national ambient air quality standard and pollution control, Incorporation by (NAAQS or ‘‘standard’’) for PM in • 10 does not provide EPA with the reference, Intergovernmental relations, Truckee Meadows through 2030, discretionary authority to address, as Ozone, Reporting and recordkeeping includes an emissions inventory appropriate, disproportionate human requirements, Volatile organic consistent with attainment, and health or environmental effects, using compounds. establishes motor vehicle emissions practicable and legally permissible Dated: October 26, 2015. budgets. In connection with these methods, under Executive Order 12898 Jared Blumenfeld, approvals, the EPA is taking final action (59 FR 7629, February 16, 1994). to determine that major stationary In addition, the SIP is not approved Regional Administrator, Region IX. sources of PM10 precursors do not to apply on any Indian reservation land Part 52, Chapter I, Title 40 of the Code contribute significantly to elevated PM10 or in any other area where EPA or an of Federal Regulations is amended as levels in the area. Also, based in part on Indian tribe has demonstrated that a follows: the approvals of the BACM tribe has jurisdiction. In those areas of demonstration and maintenance plan PART 52—APPROVAL AND Indian country, the rule does not have and determination regarding PM PROMULGATION OF 10 tribal implications and will not impose precursors, the EPA is taking final substantial direct costs on tribal IMPLEMENTATION PLAN action to approve the State of Nevada’s governments or preempt tribal law as request for redesignation of the Truckee specified by Executive Order 13175 (65 ■ 1. The authority citation for part 52 Meadows nonattainment area to FR 67249, November 9, 2000). continues to read as follows: attainment for the PM10 standard. The Congressional Review Act, 5 Authority: 42 U.S.C. 7401 et seq. U.S.C. 801 et seq., as added by the Small Lastly, the EPA is taking final action to Business Regulatory Enforcement Subpart F—California delete the area designation for Truckee Fairness Act of 1996, generally provides Meadows for the revoked standard for that before a rule may take effect, the ■ 2. Section 52.220 is amended by total suspended particulate (TSP). The agency promulgating the rule must adding paragraph (c)(465) to read as EPA is taking these actions because the submit a rule report, which includes a follows: SIP revisions meet the applicable statutory and regulatory requirements copy of the rule, to each House of the § 52.220 Identification of plan. Congress and to the Comptroller General for such plans and related motor vehicle of the United States. EPA will submit a * * * * * emissions budgets and because the area (c) * * * report containing this action and other meets the Clean Air Act requirements (465) New regulation for the following required information to the U.S. Senate, for redesignation of nonattainment areas APCD was submitted on July 15, 2015 the U.S. House of Representatives, and to attainment. by the Governor’s designee. the Comptroller General of the United (i) Incorporation by reference. DATES: This rule is effective on January States prior to publication of the rule in (A) Placer County Air Pollution 7, 2016. the Federal Register. A major rule Control District. ADDRESSES: The EPA has established a cannot take effect until 60 days after it (1) ‘‘Ozone Emergency Episode Plan,’’ docket for this action under Docket ID is published in the Federal Register. adopted on June 11, 2015. Number EPA–R09–OAR–2015–0633. This action is not a ‘‘major rule’’ as Generally, documents in the docket for defined by 5 U.S.C. 804(2). [FR Doc. 2015–30831 Filed 12–7–15; 8:45 am] Under section 307(b)(1) of the Clean BILLING CODE 6560–50–P this action are available electronically at Air Act, petitions for judicial review of www.regulations.gov and in hard copy this action must be filed in the United at the EPA Region IX, 75 Hawthorne States Court of Appeals for the ENVIRONMENTAL PROTECTION Street, San Francisco, California. While appropriate circuit by February 8, 2016. AGENCY all documents in the docket are listed at www.regulations.gov, some information Filing a petition for reconsideration by 40 CFR Parts 52 and 81 the Administrator of this final rule does may be publicly available only at the not affect the finality of this action for [EPA–R09–OAR–2015–0633; FRL–9939–48– hard copy location (e.g., copyrighted the purposes of judicial review nor does Region 9] material, large maps), and some may not it extend the time within which a be publicly available in either location petition for judicial review may be filed, PM10 Plans and Redesignation (e.g., confidential business information and shall not postpone the effectiveness Request; Truckee Meadows, Nevada; or ‘‘CBI’’). To inspect the hard copy of such rule or action. Parties with Deletion of TSP Area Designation materials, please schedule an appointment during normal business objections to this direct final rule are AGENCY: Environmental Protection hours with the contact listed in the FOR encouraged to file a comment in Agency (EPA). FURTHER INFORMATION CONTACT section. response to the parallel notice of ACTION: Final rule. proposed rulemaking for this action FOR FURTHER INFORMATION CONTACT: John published in the Proposed Rules section SUMMARY: The Environmental Protection Ungvarsky, Air Planning Office (AIR–2), of today’s Federal Register, rather than Agency (EPA) is taking final action to U.S. Environmental Protection Agency, file an immediate petition for judicial approve two revisions to the Nevada Region IX, (415) 972–3963, review of this direct final rule, so that state implementation plan. The first [email protected].

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SUPPLEMENTARY INFORMATION: reductions; that the State of Nevada has 2014 PM10 MAINTENANCE PLAN Throughout this document, ‘‘we,’’ ‘‘us,’’ met all of the requirements applicable to MOTOR VEHICLE EMISSIONS BUDGETS or ‘‘our’’ refer to the EPA. This the Truckee Meadows PM10 [Average winter day, lbs/day] supplementary information section is nonattainment area with respect to arranged as follows: section 110 and part D of the CAA; and, Budget year PM10 based on our proposed approval as Table of Contents described above, that the 2014 PM10 2015 ...... 5,638 I. Proposed Actions Maintenance Plan meets the 2020 ...... 6,088 II. Public Comments requirements for maintenance plans 2025 ...... 6,473 III. Final Action under section 175A of the CAA; and 2030 ...... 6,927 IV. Statutory and Executive Order Reviews that, therefore, the State of Nevada has Source: 2014 PM10 Maintenance Plan at I. Proposed Actions met the criteria for redesignation under table 6–6, page 28. On September 30, 2015 (80 FR 58640), CAA section 107(d)(3)(E) for the In addition, under CAA section under Clean Air Act (CAA or ‘‘Act’’) Truckee Meadows PM10 nonattainment 107(d)(3)(D), we are approving the section 110(k)(3), the EPA proposed to area. State’s request, which accompanied the approve the BACM-related portion of We also proposed to delete the area submittal of the 2014 PM10 Maintenance the submittal from the Nevada Division designation for Truckee Meadows for Plan, to redesignate the Truckee of Environmental Protection (NDEP) the revoked NAAQS for TSP. Meadows PM10 nonattainment area to dated August 5, 2002 of Revisions to the Please see our September 30, 2015 attainment for the PM10 standard. We Nevada Particulate Matter (PM10) State proposed rule for a detailed discussion are doing so based on our conclusion Implementation Plan for the Truckee of the background for these actions, and that the area has met, or will meet as Meadows Air Basin (August 2002) the rationale for approval of the 2014 part of this action, all of the criteria for (‘‘2002 PM10 Attainment Plan’’), and the PM10 Maintenance Plan, for granting redesignation under CAA section submittal from NDEP dated November NDEP’s request for redesignation of 107(d)(3)(E). More specifically, we find 7, 2014 of the Redesignation Request Truckee Meadows to attainment, and for that Truckee Meadows has attained the and Maintenance Plan for the Truckee deleting the TSP designation for PM10 standard based on the most recent Meadows 24-Hour PM10 Nonattainment Truckee Meadows. three-year period (2012–2014) of Area (August 28, 2014) (‘‘2014 PM10 quality-assured, certified, and complete Maintenance Plan’’) as revisions to the II. Public Comments (or otherwise validated) PM10 data; that Nevada state implementation plan (SIP). relevant portions of the Nevada SIP are In so doing, we found that the BACM Our September 30, 2015 proposed fully approved; that the improvement in rule provided a 30-day public comment demonstration in the 2002 PM10 air quality is due to permanent and Attainment Plan satisfied the BACM period, which closed on October 30, enforceable reductions in emissions; requirement in CAA section 189(b)(1)(B) 2015. We received no comments on our that Nevada has met all requirements proposal during this period. and that the 2014 PM10 Maintenance applicable to the Truckee Meadows Plan adequately demonstrates that the III. Final Action PM10 nonattainment area with respect to area will maintain the PM10 standard for section 110 and part D of the CAA; and 10 years beyond redesignation. We also Under CAA section 110(k)(3), and for that Truckee Meadows has a fully found that that major stationary sources the reasons set forth in our September approved maintenance plan meeting the of PM10 precursors do not contribute 30, 2015 proposed rule, the EPA is requirements of CAA section 175A. significantly to elevated PM10 levels in taking final action to approve the BACM In connection with the above the area. In connection with the 2014 demonstration submitted by the NDEP approvals and determinations, and as PM10 Maintenance Plan, we found that on August 5, 2002 as part of the 2002 authorized under CAA section 189(e), it includes sufficient contingency Truckee Meadows PM10 Attainment we are determining that major stationary provisions to promptly correct any Plan and the 2014 Truckee Meadows sources of PM10 precursors do not violation of the PM10 standard which PM10 Maintenance Plan submitted by contribute significantly to PM10 occurs after redesignation and thereby the NDEP on November 7, 2014 as exceedances in the Truckee Meadows meets the requirements for maintenance revisions of the Nevada SIP. In so doing, nonattainment area. plans under CAA section 175A. We also the EPA finds that the 2011 attainment Lastly, the EPA is taking final action proposed to approve the motor vehicle inventory in the maintenance plan to delete the area designation for emissions budgets (MVEBs) in the 2014 meets the requirements of CAA section Truckee Meadows for the revoked PM10 Maintenance Plan because we 172(c)(3) and finds that the maintenance national standard for TSP because the found they meet the applicable demonstration showing how Truckee designation is no longer necessary. transportation conformity requirements Meadows will continue to attain the IV. Statutory and Executive Order under 40 CFR 93.118(e). PM10 standard through 2030, and the In our September 30, 2015 proposed contingency provisions describing the Reviews rule, under CAA section 107(d)(3)(D), actions that the Washoe County Health Under the CAA, redesignation of an we proposed to grant NDEP’s request to District’s Air Quality Management area to attainment and the redesignate the Truckee Meadows PM10 Division (‘‘WCAQMD’’) will take in the accompanying approval of a nonattainment area from event of a future monitored violation, maintenance plan under section ‘‘nonattainment’’ to ‘‘attainment’’ for the meet all applicable requirements for 107(d)(3)(E) are actions that affect the PM10 standard. We proposed to do so maintenance plans and related status of a geographical area and do not based on our conclusion that Truckee contingency provisions in CAA section impose any additional regulatory Meadows has attained the PM10 175A. The EPA is also approving the requirements on sources beyond those standard; that the relevant portions of following MVEBs in the 2014 PM10 imposed by State law. Redesignation to the Nevada SIP are fully approved; that Maintenance Plan because we find they attainment does not in and of itself the improvement in air quality is due to meet the applicable adequacy criteria create any new requirements, but rather permanent and enforceable emissions under 40 CFR 93.118(e): results in the applicability of

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requirements contained in the CAA for Indian reservation land or in any other List of Subjects areas that have been redesignated to area where the EPA or an Indian tribe 40 CFR Part 52 attainment. Moreover, the Administrator has demonstrated that a tribe has is required to approve a SIP submission jurisdiction. In those areas of Indian Environmental protection, Air that complies with the provisions of the country, the rule, as it relates to the pollution control, Incorporation by Act and applicable Federal regulations. maintenance plan, does not have tribal reference, Intergovernmental relations, 42 U.S.C. 7410(k); 40 CFR 52.02(a). implications and will not impose Nitrogen dioxide, Particulate matter, Thus, in reviewing SIP submissions, the substantial direct costs on tribal Reporting and recordkeeping EPA’s role is to approve State choices, governments or preempt tribal law as requirements, Sulfur dioxide. provided that they meet the criteria of specified by Executive Order 13175 (65 the Clean Air Act. Accordingly, these FR 67249, November 9, 2000). However, 40 CFR Part 81 actions merely approve a State plan and prior to its September 30, 2015 Environmental protection, Air redesignation request as meeting proposal, the EPA offered to consult pollution control, National parks, Federal requirements and do not impose with representatives of the Reno-Sparks Wilderness areas. additional requirements beyond those Indian Colony, which consists of by State law. For these reasons, these members of three Great Basin Tribes— Dated: November 16, 2015. actions: the Paiute, the Shoshone, and the Jared Blumenfeld, • Are not a ‘‘significant regulatory Washo—and which has Indian country Regional Administrator, Region IX. action’’ subject to review by the Office within the Truckee Meadows air quality Chapter I, title 40 of the Code of of Management and Budget under planning area because the Indian Federal Regulations is amended as Executive Order 12866 (58 FR 51735, country within the Truckee Meadows follows: October 4, 1993) and Executive Order area is being redesignated to attainment 13563 (76 FR 3821, January 21, 2011); along with State lands. The Reno-Sparks • PART 52—APPROVAL AND Do not impose an information Indian Colony did not respond to the collection burden under the provisions PROMULGATION OF EPA’s offer to consult. IMPLEMENTATION PLANS of the Paperwork Reduction Act (44 The Congressional Review Act, 5 U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small • ■ 1. The authority citation for Part 52 Are certified as not having a Business Regulatory Enforcement continues to read as follows: significant economic impact on a Fairness Act of 1996, generally provides substantial number of small entities that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. under the Regulatory Flexibility Act (5 agency promulgating the rule must U.S.C. 601 et seq.); Subpart DD—Nevada • submit a rule report, which includes a Do not contain any unfunded copy of the rule, to each House of the ■ mandate or significantly or uniquely Congress and to the Comptroller General 2. Section 52.1470 is amended by affect small governments, as described of the United States. The EPA will adding in paragraph (e), under the table in the Unfunded Mandates Reform Act submit a report containing this action heading ‘‘Air Quality Implementation of 1995 (Pub. L. 104–4); Plan for the State of Nevada’’ an entry • Do not have Federalism and other required information to the U.S. Senate, the U.S. House of for ‘‘Revisions to the Nevada Particulate implications as specified in Executive Matter (PM10) State Implementation Order 13132 (64 FR 43255, August 10, Representatives, and the Comptroller General of the United States prior to Plan for the Truckee Meadows Air Basin 1999); (August 2002), Section V; Section VI, • publication of the rule in the Federal Are not an economically significant Table 4; and Appendix B, Tables 1–2 regulatory action based on health or Register. A major rule cannot take effect until 60 days after it is published in the and 1–3 only’’ and an entry for safety risks subject to Executive Order ‘‘Redesignation Request and 13045 (62 FR 19885, April 23, 1997); Federal Register. This action is not a • ‘‘major rule’’ as defined by 5 U.S.C. Maintenance Plan for the Truckee Are not a significant regulatory Meadows 24-Hour PM Nonattainment action subject to Executive Order 13211 804(2). 10 Under section 307(b)(1) of the CAA, Area (August 28, 2014)’’ after the entry (66 FR 28355, May 22, 2001); for ‘‘State Implementation Plan for a • Are not subject to requirements of petitions for judicial review of this Basic Program for the Inspection and Section 12(d) of the National action must be filed in the United States Maintenance of Motor Vehicles for the Technology Transfer and Advancement Court of Appeals for the appropriate Truckee Meadows Planning Area, Act of 1995 (15 U.S.C. 272 note) because circuit by February 8, 2016. Filing a Nevada (June 1994), including the cover application of those requirements would petition for reconsideration by the page through page 9, appendix 1, be inconsistent with the CAA; and Administrator of this final rule does not • Do not provide the EPA with the affect the finality of this action for the appendix 2 (only the certification of discretionary authority to address purposes of judicial review nor does it compliance and Nevada attorney disproportionate human health or extend the time within which a petition general’s opinion), and appendices 3, 6, environmental effects with practical, for judicial review may be filed, and 8, and 10.’’ appropriate, and legally permissible shall not postpone the effectiveness of The added text reads as follows: methods under Executive Order 12898 such rule or action. This action may not § 52.1470 Identification of plan. (59 FR 7629, February 16, 1994). be challenged later in proceedings to In addition, the State plan that the enforce its requirements. (See section * * * * * EPA is approving does not apply on any 307(b)(2)). (e) * * *

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EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Applicable geographic or State submittal Name of SIP provision nonattainment date EPA Approval date Explanation area

Air Quality Implementation Plan for the State of Nevada 1

******* Revisions to the Nevada Truckee Meadows, 8/5/02 [INSERT Federal Reg- Approval of the portion of the 2002 PM10 Attain- Particulate Matter Washoe County. ister CITATION], ment Plan that demonstrates implementation (PM10) State Imple- 12/8/15. of best available control measures in compli- mentation Plan for the ance with section 189(b)(1)(B) of the Clean Truckee Meadows Air Air Act. Basin (August 2002), Section V; Section VI, Table 4; and Appendix B, Tables 1–2 and 1–3 only. Redesignation Request Truckee Meadows, 11/7/14 [INSERT Federal Reg- and Maintenance Plan Washoe County. ister CITATION], 12/ for the Truckee Mead- 8/15. ows 24-Hour PM10 Nonattainment Area (August 28, 2014). ******* ******* 1 The organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).

§ 52.1476 [Amended] Authority: 42 U.S.C. 7401 et seq. ■ b. Revising in the table under ■ 3. Section 52.1476 is amended by ‘‘Nevada—PM–10,’’ the entry for Subpart C—Section 107 Attainment removing and reserving paragraph (a). ‘‘Washoe County’’ to read as follows: Status Designations PART 81—DESIGNATION OF AREAS § 81.329 Nevada. FOR AIR QUALITY PLANNING ■ 5. Section 81.329 is amended by: * * * * * PURPOSES ■ a. Removing the table titled ■ 4. The authority citation for part 81 ‘‘Nevada—TSP’’; and continues to read as follows:

NEVADA—PM–10

Designation Classification Designated area Date Type Date Type

Washoe County: Reno planning area ...... 1/7/16 Attainment. Hydrographic area 87 *******

* * * * * DEPARTMENT OF THE INTERIOR ACTION: Final rule. [FR Doc. 2015–30487 Filed 12–7–15; 8:45 am] BILLING CODE 6560–50–P Fish and Wildlife Service SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing 50 CFR Part 17 the Modoc sucker (Catostomus microps) [Docket No. FWS–R8–ES–2013–0133; from the Federal List of Endangered and 4500030113] Threatened Wildlife. This determination is based on a thorough review of the RIN 1018–AY78 best available scientific and commercial Endangered and Threatened Wildlife information, which indicates that the and Plants; Removal of the Modoc threats to this species have been Sucker From the Federal List of eliminated or reduced to the point that Endangered and Threatened Wildlife the species no longer meets the definition of an endangered species or a AGENCY: Fish and Wildlife Service, threatened species under the Interior. Endangered Species Act of 1973, as

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amended (Act). Because we are indicating the petitioned action may be confirmed historical range to be removing the Modoc sucker from the warranted, and we initiated a status occupied. List of Endangered and Threatened review for Modoc sucker. On February Summary of Changes From the Wildlife, we are also removing the 13, 2014, we published in the Federal Proposed Rule designated critical habitat for this Register a combined 12-month finding species. In addition, we are making and proposed rule (79 FR 8656) to We have not made any substantive available the final post-delisting remove the Modoc sucker from the changes in this final rule based on the monitoring plan for the species. Federal List of Endangered and comments that we received during the DATES: This rule is effective January 7, Threatened Wildlife. On February 13, public comment period, but we have 2016. 2015, we published a document in the added or corrected text to clarify the ADDRESSES: This rule: This final rule is Federal Register (80 FR 8053) that information which we presented. One available on the Internet at http:// reopened the public comment period on peer reviewer provided information on www.regulations.gov and http://www. the February 13, 2014, proposed rule. hybridization between Modoc suckers fws.gov/klamathfallsfwo/. Comments Please refer to the February 13, 2014, and Sacramento suckers (Catostomus and materials we received, as well as proposed rule for a detailed description occidentalis). This information and supporting documentation we used in of previous Federal actions concerning other clarifications have been preparing this rule, are available for this species. incorporated into the Species Report for the species as discussed below in the public inspection at http:// Background www.regulations.gov under Docket No. Summary of Comments and FWS–R8–ES–2013–0133. All of the Please refer to the February 13, 2014, Recommendations section. comments, materials, and proposed rule (79 FR 8656) for a Recovery and Recovery Plan documentation that we considered in summary of background information on Implementation this rulemaking are available by the Modoc sucker’s taxonomy, life appointment, during normal business history, and distribution. A completed Section 4(f) of the Act directs us to hours at: U.S. Fish and Wildlife Service, scientific analysis is presented in detail develop and implement recovery plans Klamath Falls Fish and Wildlife Office, in the Modoc Sucker Species Report for the conservation and survival of 1936 California Avenue, Klamath Falls, (Service 2015a, entire) (Species Report), endangered and threatened species OR 97601; by telephone 541–885–8481; which is available at http:// unless we determine that such a plan or by facsimile 541–885–7837. www.regulations.gov at Docket Number will not promote the conservation of the The post-delisting monitoring plan: FWS–R8–ES–2013–0133. The Species species. At the time of listing, the The post-delisting monitoring plan for Report was prepared by Service Service, the California Department of the Modoc sucker is available on our biologists to provide a thorough Fish and Wildlife (CDFW), and the U.S. Endangered Species Program’s national discussion of the species’ ecology and Forest Service (USFS) were developing Web site (http://endangered.fws.gov), on biological needs, and an analysis of the an ‘‘Action Plan for the Recovery of the the Klamath Falls Fish and Wildlife stressors that may be impacting the Modoc sucker’’ (Action Plan). The April Office Web site (http://www.fws.gov/ species. For a detailed discussion of 27, 1983, Action Plan was formally klamathfallsfwo), and on the Federal biological information on the Modoc signed by all participants in 1984 eRulemaking Portal (http:// sucker, please see the ‘‘Background’’ (Service 1984, entire). The Action Plan www.regulations.gov). section of the Species Report, which has was revised in 1989 (Service 1989, FOR FURTHER INFORMATION CONTACT: been updated since the proposed rule entire). We determined that the Action Laurie Sada, Field Supervisor, U.S. Fish and includes discussions on taxonomy Plan and its 1989 revision (Service and Wildlife Service, Klamath Falls Fish and species description, habitat, 1984, 1989) adequately fulfilled the and Wildlife Office, 1936 California biology, and distribution and abundance requirements of a recovery plan, and in Avenue, Klamath Falls, OR 97601; by of the species (Service 2015a, p. 4–14). a 1992 memorandum from the Regional Director (Region 1) to the Service’s telephone 541–885–8481; or by Range of the Species facsimile 541–885–7837. Persons who Director, we adopted it as the recovery use a telecommunications device for the We consider the ‘‘range’’ of Modoc plan for the Modoc sucker (‘‘1992 deaf (TDD) may call the Federal sucker to include an estimated 42.5 mi Recovery Plan’’; Service 1992) and Information Relay Service (FIRS) at (68.4 km) of occupied habitat in 12 determined we would not prepare a 800–877–8339. streams in the Turner Creek, Ash Creek, separate recovery plan pursuant to SUPPLEMENTARY INFORMATION: and Goose Lake sub-basins of the Pit section 4(f) of the Act. River in northeastern California. This The 1992 Recovery Plan included Previous Federal Actions amount has increased substantially downlisting and delisting objectives The Modoc sucker was added to the since the time of listing, when the (considered to be equivalent to criteria). List of Endangered and Threatened known distribution of Modoc sucker In the February 13, 2014, proposed rule Wildlife on June 11, 1985, as an was limited to an estimated 12.9 mi (79 FR 8656), we outlined the objectives endangered species (50 FR 24526). (20.8 km) of occupied habitat in seven to reclassify the Modoc sucker from an Critical habitat for the species was streams in the Turner Creek and Ash endangered species to a threatened designated at the time of listing. A Creek sub-basins. This distribution species and the objectives to remove the recovery plan was adopted for the represents its entire known historical Modoc sucker from the List of species in 1992. On June 4, 2012, we range, with the exception of Willow Endangered and Threatened Wildlife, published in the Federal Register a 90- Creek within the Ash Creek sub-basin. and we discussed progress towards day finding (77 FR 32922) for a 2011 Previous reports of Modoc suckers in meeting the objectives. Please see the petition to reclassify the species from an Willow Creek are based on limited and February 13, 2014, proposed rule for a endangered species to a threatened unverifiable reports (Reid 2009, p. 14), detailed discussion of the downlisting species. In our 90-day finding, we and their present existence in Willow and delisting objectives and how they determined that the 2011 petition Creek remains questionable (Reid 2008a, apply to the status of the Modoc sucker. provided substantial information p. 25). Therefore, we consider the The objectives are summarized below.

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Downlisting Objectives Modoc sucker habitat within Turner and improved livestock grazing Downlisting objective 1: Maintain the Creek, Hulbert Creek, Washington management practices, channel widths integrity of extant habitats and prevent Creek, and Johnson Creek in support of have narrowed and created deeper the invasion of Sacramento suckers into downlisting objectives 1 and 2. The habitat preferred by Modoc suckers isolated stream reaches of the Turner- Service and partners have implemented (USFS 2008, p. 16). Other habitat Hulbert-Washington Creek system and projects and management that maintain restoration activities include juniper revetment (the use of cut juniper trees upper Johnson Creek. The intent of the integrity of extant habitat to stabilize streambanks), creation and meeting this objective was to halt the (downlisting objective 1) and restore expansion of pool habitat, placement of threat of further loss and degradation of and maintain the quality of habitat boulders within streams to provide habitat (Factor A) and to address the (downlisting objective 2) via effective cover and shade, and restoration of threat of genetic introgression from stabilization of stream banks, fencing to channel headcuts (areas of deep erosion) hybridization with Sacramento sucker exclude livestock grazing in riparian to prevent further downcutting of (Factor E). areas, restoration of riparian vegetation, channels (Reid 2008a, pp. 85–86; USFS Downlisting objective 2: Restore and and increased instream habitat. On public lands, 1.5 miles (mi) (2.4 2008, p. 16). maintain the quality of aquatic habitat Habitat conditions in designated conditions within these watersheds and kilometers (km)) of Washington Creek, 0.2 mi (0.3 km) of Hulbert Creek, 0.5 mi critical habitat and other occupied thereby increase their carrying capacity streams have steadily improved since for Modoc suckers. The intent of this (0.8 km) of Coffee Mill Creek, and approximately 1.5 mi (2.4 km) of Turner listing and have sustained populations objective was to further address habitat of Modoc suckers for at least 25 years, loss and degradation (Factor A) through Creek have been fenced to protect riparian habitat (Reid 2008a, p. 85; M. although recent habitat surveys indicate active restoration, with the ultimate goal erosion and sedimentation continue to to allow the habitat to support an Yamagiwa, USFS, personal communication). Additionally, since the be a problem along lower Turner Creek. increase in population numbers. However, this degraded reach amounts Downlisting objective 3: Secure Modoc sucker was listed in 1985, fencing has been constructed to exclude to only 2.4 percent (1.01 mi (1.63 km)) populations of Modoc sucker have been of the total length (42.5 mi (68.4 km)) of maintained in these creeks for 3 cattle on Rush Creek and Johnson Creek below Higgins Flat (Modoc National streams occupied by Modoc sucker. consecutive years. The intent of this Land management practices employed objective was to monitor Modoc sucker Forest). Fencing led to immediately protecting extant habitat (immediate, on public and private lands since the populations to ensure recruitment had early 1980s are expected to continue, or occurred and is based on the life history near-term), and allowed habitat to recover. This improved the quality and improve, thereby maintaining stable to of Modoc suckers, in which individuals upward habitat trends. Thus, we have mature at age 2+ years. carrying capacity in the long term, thus addressing downlisting objectives 1 and determined that the integrity of extant Delisting Objectives 2. Extensive landowner outreach by the habitat has been maintained (part of downlisting objective 1) and the quality Delisting objective 1: The remaining Service, USFS, and State agencies (CDFW, Oregon Department of Fish and of habitat has been restored and suitable, but presently unoccupied, maintained through restoration efforts stream reaches within Turner-Hulbert Wildlife (ODFW)), and improved livestock grazing management practices (downlisting objective 2), and we Creek-Washington Creek and Rush- conclude that these portions of the in Modoc and Lassen Counties, have Johnson Creek drainages must be downlisting objectives have been met. also resulted in improved protection of renovated and restored to Modoc While part of downlisting objective 1 sucker. The intent of this objective was riparian corridors on private lands in was to prevent invasion of Sacramento to further address habitat loss and the Turner and Ash Creek sub-basins. sucker, further research into the degradation (Factor A) through active Protection of riparian habitat by magnitude and consequences of genetic restoration, as well as to increase excluding cattle and by improving introgression with Sacramento suckers population sizes and resiliency. livestock grazing management practices has led us to conclude that this part of Delisting objective 2: Secure on both public and private lands has the objective is no longer relevant. populations of Modoc suckers must be resulted in improved habitat conditions Observed levels of genetic introgression reestablished in at least two other along these streams as a result of by Sacramento suckers in streams streams outside of the above drainages, reduced erosion and improved dominated by Modoc suckers are low but within the historical range. The vegetative and hydrologic (Smith et al. 2011, pp. 79–83), even intent of this objective was to increase characteristics (Reid 2008a, pp. 41, 85– when there are no physical barriers both habitat available and the number of 86). between the two species (Topinka 2006, populations, thereby increasing Active habitat restoration pp. 64–65). This suggests that either redundancy of the Modoc sucker (downlisting objective 2) has been ecological differences, selective populations. implemented in many locations pressures, or other natural reproductive- Delisting objective 3: All populations throughout the species’ range since the isolating mechanisms are sufficient to must have sustained themselves through species was listed. Restoration on the maintain the integrity of the species, a climactic cycle that includes drought Modoc National Forest has led to even after more than a century of habitat and flood events. The intent of this improved habitat conditions in riparian alteration by human activities. objective was to determine if Modoc areas along many of the streams Currently, only Ash Creek exhibits a suckers have responded positively to occupied by Modoc suckers. Willows considerable degree of introgression. habitat protection and restoration, and have been planted along portions of Scientists who have studied suckers in have a sufficient number of populations streams occupied by Modoc suckers in western North America consider that, and individuals to withstand and the Turner Creek and Ash Creek sub- throughout their evolutionary history, recover from environmental variability basins to stabilize streambanks and hybridization among sympatric native and stochastic events. provide shading and cover (Reid 2008a, fishes is not unusual and may actually Since the time of listing, actions have pp. 85–86; USFS 2008, p. 16). As a provide an adaptive advantage (Dowling been taken to maintain or improve result of riparian habitat improvements and Secor 1997, pp. 612–613; Dowling

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2005, p. 10; Topinka 2006, p. 73; Tranah in Washington Creek, 4.6 mi (7.4 km) in listed in 1985, even though the region and May 2006, p. 313). Reexamination Rush Creek, and 1.2 mi (1.9 km) of has experienced several pronounced of information on natural barriers, habitat in Johnson Creek (Reid 2008a, p. droughts as well as heavy-precipitation, information on morphological 25) (50 FR 24526). Since the time of high-water years (for example, 2011), characters, and new genetic information listing, Reid (2008a, p. 25) estimated indicating that the species is at least that was unavailable at the time of that there was 5.5 mi (8.9 km) of somewhat resilient to weather and listing indicates that hybridization is available habitat in Turner Creek, 3.0 mi hydrologic fluctuations. Therefore, we not a threat to the Modoc sucker and (4.8 km) in Hulbert Creek, 4.1 mi (6.6 have determined that delisting objective may be part of its natural evolutionary km) in Washington Creek, 4.6 mi (7.4 3 has been met. history. Thus, because of the new km) in Rush Creek, and 2.7 mi (4.3 km) The 1992 Recovery Plan was based on information that has become available in Johnson Creek. Habitat conditions the best scientific and commercial since the time of listing, we have along Turner Creek, Hulbert Creek, information available at the time. In determined this portion of the Washington Creek, and Johnson Creek evaluating the extent to which recovery downlisting criterion (to prevent the have improved since the time of listing. objectives have been met, we must also invasion of Sacramento suckers) is not Modoc suckers currently occupy all assess new information that has become a valid concern for the conservation of available habitats within Turner Creek, available since the species was listed the species and no longer needs to be Hulbert Creek, Rush Creek, and Johnson and the 1992 Recovery Plan adopted. As met for Modoc sucker recovery. Creek; Modoc suckers occupy 3.4 mi noted above, research and new Several estimates of population size of (5.5 km) of the available habitat in information since the time of listing and Modoc suckers in Turner Creek, Hulbert Washington Creek (Reid 2008a, p. 25). the completion of the 1992 Recovery Creek, Washington Creek, and Johnson Therefore, we have determined that Plan indicate that hybridization and Creek have been completed since the delisting objective 1, restoring Modoc introgression with Sacramento sucker is 1970s, and found that Modoc sucker suckers to unoccupied habitat, has been not a substantial threat to Modoc populations have been maintained in met. suckers. Additionally, Modoc suckers the Turner-Hulbert-Washington Creek The 1992 Recovery Plan stated that were found occupying areas they were system and upper Johnson Creek for 3 additional populations were needed to not known to occupy at the time of consecutive years (downlisting objective provide population redundancy listing. This new information alters the 3). Modoc suckers appear broadly (delisting objective 2). New information extent to which the recovery objectives distributed throughout suitable habitat indicates the presence of Modoc sucker related to hybridization and establishing in these streams. Although the populations in four streams that were new populations need to be met. In the observations during each survey may not known to be occupied at the time of case of hybridization and genetic not be directly comparable due to listing (Garden Gulch Creek in the introgression, we find that this objective differences in sampling methods, there Turner Creek sub-basin; and Thomas is no longer relevant given the lack of does not appear to be any major changes Creek, an unnamed tributary to Thomas threat to the species. With regard to the in observations of these stream Creek, and Cox Creek in the Goose Lake objective to establish new populations, populations over time. Observations of sub-basin). In addition, in 1987, CDFW we find that the discovery of additional Modoc suckers in Hulbert Creek and transplanted Modoc suckers from populations has substantially met the Johnson Creek prior to 2008 appear to Washington Creek to Coffee Mill Creek intent of the objective to provide for be greater than observations made in to establish an additional population in population redundancy so that 2008 and 2012. However, this may be the Turner Creek sub-basin (CDFW reestablishing two additional explained by differences in survey 1986, p. 11). In those four populations, populations is no longer needed. methods, inclusion of young-of-the-year Modoc suckers appear to be well- Additionally, we have assessed suckers in earlier counts, and the fact established and relatively abundant; whether the 1992 Recovery Plan that some numbers reported are spawning adult and juvenile suckers adequately addresses all the factors population estimates rather than counts have been consistently observed there affecting the species. The recovery of individuals. Although population during visual surveys (Reid 2009, p. 25). objectives did not directly address monitoring has not been conducted on Therefore, we have determined that the predation by brown trout (Salmo trutta) an annual basis, sucker surveys intent of delisting objective 2 has been and other nonnative fish or the point at conducted in 2008 and 2012 show that met by the discovery of Modoc sucker which that threat would be ameliorated, Modoc sucker populations have been populations in additional locations and although actions to address these threats maintained, and are still well- the establishment of one population. were included in the plan. Since the established, in Turner Creek, The northwestern corner of the Great time of listing, additional predatory Washington Creek, Hulbert Creek, and Basin where the Modoc sucker occurs is nonnative fish have been recorded in Johnson Creek—as well as in each of the naturally subject to extended droughts, streams containing Modoc suckers. other streams known to be occupied at during which even the larger water Actions to address nonnative predatory the time of listing—more than 25 years bodies such as Goose Lake have dried species and an assessment of their after listing. Thus, we have determined up (Laird 1971, pp. 57–58). Regional impact are discussed below. While not that populations of Modoc sucker have droughts have occurred every 10 to 20 specific to predatory nonnative fish, demonstrated persistence, have had years in the last century (Reid 2008a, attainment of delisting objective 3, successful recruitment (given that pp. 43–44). Collections of Modoc indicating that Modoc sucker individuals mature at 2+ years), and suckers from Rush Creek and Thomas populations have sustained themselves remain stable over this timeframe. As a Creek near the end of the ‘‘dustbowl’’ since listing in 1985, provides some result we conclude that downlisting drought of the 1920s to 1930s (Hubbs indication that nonnative predatory fish objective 3 has been met. 1934, p. 1; Reid 2008a, p. 79) indicate are no longer a serious threat to the At the time of listing in 1985, it was that the species was able to persist in species’ persistence. Effects of climate estimated that Modoc suckers occupied those streams even through a prolonged change is an additional threat identified 2.0 mi (3.2 km) of habitat in Turner and severe drought. Modoc suckers have since listing and preparation of the 1992 Creek, 0.8 mi (1.3 km) of habitat in persisted throughout the species’ Recovery Plan. All threats, including Hulbert Creek, 0.5 mi (0.8 km) of habitat historical range since the time it was those identified since listing and

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preparation of the 1992 Recovery Plan, a significant portion of its range. The Sacramento suckers. Predation by the are discussed further later in this rule. Act does not define the term nonnative brown trout was also Based on our analysis of the best ‘‘foreseeable future.’’ For the purposes identified as a threat to Modoc sucker. available information, we conclude that of this rule, we define the ‘‘foreseeable A thorough analysis and discussion of the downlisting and delisting objectives future’’ to be the extent to which, given the current status of the Modoc sucker have been substantially met. Additional the amount and substance of available and stressors faced by the species is threats not directly addressed in the data, we can anticipate events or effects, detailed in the Species Report (Service recovery objectives are discussed below. or reliably extrapolate threat trends, 2015a, entire). The following sections Additional information on recovery and such that we reasonably believe that provide a summary of the past, current, the 1992 Recovery Plan’s reliable predictions can be made and potential future threats impacting implementation is described in the concerning the future as it relates to the the Modoc sucker. These threats include ‘‘Recovery’’ section of the Species status of Modoc sucker. Specifically, for activities (such as overgrazing) that Report (Service 2015a, pp. 30–33). Modoc sucker, we consider two factors: cause erosion and siltation (Factor A); the management of threats and the elimination of natural barriers (Factor Summary of Factors Affecting the response of the species to management. A); effects of climate change and Species First, as described below, the threats to drought (Factor A); predation by Section 4 of the Act and its the species have been successfully nonnative species (Factors C); and implementing regulations (50 CFR part ameliorated, largely due to management hybridization and genetic introgression 424) set forth the procedures for listing plans that are currently in place, being (infiltration of genes of another species) species, reclassifying species, or fully implemented, expected to stay in (Factor E). removing species from listed status. place, and expected to successfully Erosion and Cattle Grazing ‘‘Species’’ is defined by the Act as continue to control potential threats including any species or subspecies of (USFS 1989, entire; USFS 1991, entire). The 1985 listing rule (50 FR 24526; fish or wildlife or plants, and any Management plans that consider natural June 11, 1985) stated that activities distinct population segment of any resources are required by law for all (such as overgrazing) that cause a species of vertebrate fish or wildlife Federal lands on which Modoc sucker reduction in riparian vegetation, which which interbreeds when mature (16 occurs, which encompass greater than then leads to stream erosion, siltation, U.S.C. 1532(16)). A species may be 50 percent of the species’ range. and incision, were a threat to the determined to be an endangered or Management plans are required to be in species. An increase in silt from eroding threatened species because of any one or effect at all times and to be in banks may fill in the preferred pool a combination of the five factors compliance with various Federal habitat of Modoc suckers and can cover described in section 4(a)(1) of the Act: regulations. Additionally, efforts to gravel substrate used for spawning (50 (A) The present or threatened promote conservation of Modoc sucker FR 24526, June 11, 1985; Moyle 2002, p. destruction, modification, or habitat on private lands have been 190). Sediment introduced into streams curtailment of its habitat or range; (B) successful and are expected to continue can adversely affect fish populations by overutilization for commercial, into the future. Second, the Modoc inducing embryo mortality, affecting recreational, scientific, or educational sucker has demonstrated a quick primary productivity, and reducing purposes; (C) disease or predation; (D) positive response to management over available habitat for macroinvertebrates the inadequacy of existing regulatory the past 28 years since the species was that Modoc suckers feed upon (Moyle mechanisms; or (E) other natural or listed; based on this, we anticipate being 2002, p. 191). However, land and human-made factors affecting its able to detect the species’ response to resource management, as guided continued existence. A species may be any changes in the management that through regulations and policies, can reclassified or delisted on the same may occur because of a plan effectively reduce or control threats to basis. amendment. Therefore, in consideration Modoc sucker. A recovered species is one that no of Modoc sucker’s positive response to Federal Management longer meets the Act’s definition of an management and our partners’ endangered species or a threatened commitment to continued management, The National Forest Management Act species. Determining whether a species as we describe below, we do not foresee (NFMA; 16 U.S.C. 1600 et seq.) and is recovered requires consideration of that management practices will change, regulations and policies implementing whether the species is endangered or and we anticipate that threats to the the NFMA are the main regulatory threatened because of the same five Modoc sucker will remain ameliorated mechanisms that guide land categories of threats specified in section into the foreseeable future. management on the Fremont-Winema 4(a)(1) of the Act. For species that are The word ‘‘range’’ in the significant and Modoc National Forests, which already listed as endangered or portion of its range phrase refers to the contain about 51 percent of the Modoc threatened species, this analysis of range in which the species currently sucker’s range. Since listing, the threats is an evaluation of both the exists. For the purposes of this analysis, Fremont-Winema National Forest (USFS threats currently facing the species and we first evaluate the status of the 1989, entire) and Modoc National Forest the threats that are reasonably likely to species throughout all its range, then (USFS 1991, entire) have each affect the species in the foreseeable consider whether the species is in addressed the Modoc sucker and its future following the delisting or danger of extinction or likely to become habitat in their resource management downlisting and the removal or so in any significant portion of its range. plans. These plans are required by reduction of the Act’s protections. At the time of listing, the primary NFMA and the Federal Land Policy and A species is an ‘‘endangered species’’ threats to Modoc sucker were from Management Act of 1976 (FLPMA; 43 for purposes of the Act if it is in danger habitat degradation and loss due to U.S.C. 1701 et seq.). The NFMA requires of extinction throughout all or a activities (such as overgrazing by cattle) revision of the plans every 15 years; significant portion of its range and is a that cause erosion and siltation, and however, plans may be amended or ‘‘threatened species’’ if it is likely to elimination of natural barriers that revised as needed. Management plans become an endangered species within resulted in loss of genetic integrity of are required to be in effect at all times the foreseeable future throughout all or the species due to hybridization with (in other words, if the revision does not

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occur, the previous plan remains in listing in 1985. Since listing, some of California. The Oregon Department of effect) and to be in compliance with the Modoc sucker streams on public and Land Conservation and Development various Federal regulations. The plans private land have been fenced to requires local land use planning direct these national forests to maintain exclude or actively manage livestock ordinances to protect natural resources, or increase the status of populations of grazing for the benefit of Modoc sucker including riparian and wetland habitats. federally endangered or threatened conservation (Reid 2008a, pp. 34–36, There are no formalized agreements in species and their habitats. In addition, 85). Riparian fencing along occupied place with private landowners that these plans guide riparian management streams to exclude cattle during the past specifically establish protection of with a goal of restoring and maintaining 25 years has resulted in continued Modoc sucker habitat, although aquatic and riparian ecosystems to their improvements in riparian vegetative continued outreach and technical desired management potential (USFS corridors, in-stream cover, and channel assistance, along with other 1989, Appendix p. 86; USFS 1991, pp. morphology. partnerships and management efforts, is 4–26, Appendix pp. M–1–M–2). In 2012, the most recent habitat expected to continue into the future Management direction for grazing on assessment, the Klamath Falls Fish and (e.g., through the Service’s Partners for Forest-managed lands is provided Wildlife Office completed habitat Fish and Wildlife Program) that may through allotment management plans surveys in Washington Creek, Garden result in benefits to Modoc sucker and permits, which stipulate various Gulch Creek, Coffee Mill Creek, Dutch habitat. grazing strategies that will minimize Flat Creek, Turner Creek, Hulbert Creek, Although the 2012 habitat surveys adverse effects to the watershed and and Johnson Creek within the Ash Creek indicate that livestock grazing still listed species. The allotment and Turner Creek sub-basins. Data results in stream bank erosion along a management plans outline grazing collected indicated that the average small percentage of streams occupied by management goals that dictate percent bank erosion was low (less than Modoc suckers, these surveys and the rangeland management should maintain 40 percent) at Garden Gulch Creek, 2008 and 2012 fish surveys indicate that productive riparian habitat for Coffee Mill Creek, Hulbert Creek, livestock grazing management has endangered, threatened, and sensitive Washington Creek, and Johnson Creek. improved greatly, and as a result of species (USFS 1995, p. 1). These grazing Bank erosion appeared moderate at the reduced impact to habitat, there has permits are valid for 10 years, but Dutch Flat Creek site (49 percent) and been no reduction in the distribution of operating instructions for these permits was highest at the Turner Creek site (75 Modoc suckers. Management plans that are issued on an annual basis. Also, as percent). Bank erosion along these consider natural resources are required Federal agencies, the Fremont-Winema creeks has resulted in an introduction of by law for all Federal lands on which and Modoc National Forests comply silt, which can cover gravel substrate Modoc sucker occurs. Management with the National Environmental Policy used for spawning by Modoc suckers plans are required to be in effect at all Act (NEPA; 42 U.S.C. 4321 et seq.) (Moyle 2002, p. 191). However, these times (in other words, if the revision process when evaluating potential land- two degraded reaches (Dutch Flat Creek does not occur, the previous plan disturbing projects or changes in and Turner Creek) combined amount to remains in effect) and to be in National Forest management. Federal only 4.1 percent (1.76 mi/42.5 mi) of the compliance with various Federal agency compliance with NEPA allows Modoc sucker’s total occupied habitat. regulations. Further, several the public to comment on Federal These results indicate that management organizations have partnered with actions that may impact the natural efforts have substantially reduced private landowners to complete habitat environment and thus allow for, in erosion throughout the range of the restoration on the private land parcels to some circumstances, implementation of species, with the exception of two sites benefit fish passage and riparian habitat. those actions that may have less comprising a small percentage of the Therefore, based on the best available environmental impact. species’ range. information and expectation that Land management practices employed current management practices will State and Private Land Management on public and private lands since the continue into the future, we conclude In California, the California Fish and early 1980s are expected to continue, or that livestock grazing and erosion do not Game Code affords some protection to improve, thereby maintaining upward constitute substantial threats to the stream habitats for all perennial, habitat trends as documented by survey Modoc sucker now and are not expected intermittent, and ephemeral rivers and data. On public lands, the resource to in the future. streams by minimizing impacts. In management plans are required by Oregon, the Oregon Department of Land NFMA and FLPMA, and continue to be Elimination of Natural Barriers Conservation and Development requires in effect until revised. Continued The 1985 listing rule (50 FR 24526; local land use planning ordinances to commitment to protection of resources, June 11, 1985) stated that natural protect natural resources, including including the Modoc sucker and passage barriers in streams occupied by riparian and wetland habitats. In riparian areas, in future revisions is Modoc suckers had been eliminated by addition to State protections, extensive expected. As an example, within the human activities, allowing landowner outreach and improved Fremont-Winema National Forest, hybridization between the Modoc and grazing management practices in Modoc Thomas Creek is a Priority Watershed Sacramento suckers (see Hybridization and Lassen Counties have also resulted under their Watershed Condition and Genetic Introgression, below). The in improved protection of riparian Framework, and Fremont-Winema lack of barriers was also thought to corridors on private lands. National Forest is currently working on provide exposure to nonnative Improved livestock grazing a watershed restoration action plan. The predatory fishes (see Predation by management practices on Federal, State, action plan will identify individual Nonnative Species, below). However, and private lands as a result of Federal, projects such as fish passage, instream surveys completed since the time of State, and private landowner restoration, and road treatments/ listing reveal no evidence of historical management efforts have greatly closures. The California Fish and Game natural barriers that would have acted reduced impacts to Modoc sucker Code affords some protection to stream as a physical barriers to fish movement. habitat from poor livestock grazing habitats for all perennial, intermittent, This is particularly true during higher practices since the Modoc sucker’s and ephemeral rivers and streams in springtime flows, when Sacramento

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suckers make their upstream spawning supported a successful program of Intergovernmental Panel on Climate migrations (Moyle 2002, p. 187). The active management for nonnative fishes Change (IPCC). The term ‘‘climate’’ source of this misunderstanding appears in the Turner Creek basin, targeting bass refers to the mean and variability of to have been a purely conjectural and sunfishes with selective angling and different types of weather conditions discussion by Moyle and Marciochi hand-removal methods that do not over time, with 30 years being a typical (1975, p. 559) that was subsequently adversely impact native fish period for such measurements (IPCC accepted without validation, and Moyle populations (Reid 2008b, p. 1). 2013, p. 1450). The term ‘‘climate makes no mention of it in his most Redband trout (Oncorhynchus mykiss change’’ thus refers to a change in the recent account of Modoc sucker status newberri), the only native potential mean or variability of one or more (Moyle 2002, pp. 190–191). Since our predator of Modoc sucker, also occupies measures of climate (for example, current understanding is that the upper Thomas Creek, but there are no temperature or precipitation) that elimination of passage barriers did not nonnative fishes there (Scheerer et al. persists for an extended period, whether occur, we conclude that elimination of 2010, pp. 278, 281). The upper reaches the change is due to natural variability passage barriers was incorrectly of Thomas Creek occupied by Modoc or human activity (IPCC 2013, p. 1450). identified as a threat, and we no longer suckers are unlikely to be invaded by Various changes in climate may have consider it a threat to Modoc sucker. nonnative fishes given the lack of direct or indirect effects on species. upstream source populations and Predation by Nonnative Species These effects may be positive, neutral, presence of a natural waterfall barrier in or negative, and they may change over The 1985 listing rule (50 FR 24526; the lowest reach. time, depending on the species and June 11, 1985) identified predation by While Modoc suckers may be other relevant considerations, such as nonnative brown trout as a threat to negatively impacted by introduced threats in combination and interactions Modoc suckers. Since the time of listing, predatory fishes, such as brown trout of climate with other variables (for the following additional predatory and largemouth bass, they have example, habitat fragmentation) (IPCC nonnative fish species have been persisted in the presence of nonnative 2014, pp. 4–11). In our analyses, we use recorded in streams containing Modoc predators, and populations have our expert judgment to weigh relevant suckers (Service 2009): largemouth bass, remained relatively stable in the Ash information, including uncertainty, in sunfish (green and bluegill), and brown Creek and Turner Creek sub-basins (the our consideration of various aspects of bullheads. Two of the three known sub- two sub-basins with documented climate change. basins with Modoc suckers contain nonnative predatory fish), prior to and introduced predatory fishes. The Ash since the time of listing. The separation The 1985 listing rule did not identify Creek sub-basin contains brown trout of the three known basins containing the effects of drought or climate change and possibly largemouth bass in Modoc suckers further reduces the as threats to the continued existence of downstream reaches of Ash Creek. The probability that a new or existing the Modoc sucker. However, the Turner Creek sub-basin contains a nonnative predator would impact all northwestern corner of the Great Basin number of warm-water predatory fish. three basins simultaneously. In some is naturally subject to extended The Goose Lake sub-basin was instances, natural constraints, such as droughts, during which streams and previously stocked with brook trout cool-water habitat, limit the distribution even the larger water bodies such as (Salvelinus fontinalis), and they still of nonnative predators. In other cases, Goose Lake have dried up (Laird 1971, occur in the Cottonwood Creek natural or manmade barriers limit pp. 57–58). Regional droughts have drainage, a tributary to Goose Lake. potential introductions, as do policies occurred every 10 to 20 years in the last However, we do not consider the brook and regulations within Oregon and century, and Goose Lake went dry as trout to be a concern at this time, as they California. State regulations and fish recently as 1992 and 2010 (Reid 2008a, do not coexist with Modoc sucker. stocking policies, in both California and pp. 43–44; R. Larson, KFFWO, personal The Ash Creek sub-basin contains Oregon, prohibit transfer of fish from communication). We have no records of brown trout, which have co-existed with one water body to another. Regulations how frequently Modoc sucker streams Modoc suckers for over 70 years, but prohibiting transfer of fish between went dry. Some reaches of occupied may suppress local native fish water bodies discourage the spread of streams have been observed to dry up populations in small streams. In 2009 predatory fish species such as brown (or flow goes subsurface through the and 2010, a substantial eradication trout and largemouth bass throughout gravel instead of over the surface) nearly effort in Johnson Creek, within the Ash the Modoc sucker’s range. In addition, every summer under current climatic Creek sub-basin, removed most brown CDFW has discontinued stocking of the conditions (Reid 2008, p. 42), indicating trout from occupied Modoc sucker predatory brown trout into streams in that headwater reaches did stop flowing. habitat (Reid 2010, p. 2). There are no the Pit River basin, and the ODFW does In extreme droughts, the suckers may sources of largemouth bass upstream of not stock brown trout in the Goose Lake have withdrawn to permanent main- Modoc sucker populations in the Ash sub-basin. Based on current policies and stem streams, such as Rush, Ash, and Creek basin, although they may be regulations, we do not expect additional Turner Creeks, and later recolonized the present downstream in warmer, low- predatory fish to be introduced into tributaries. Suckers also take refuge in gradient reaches of Ash Creek proper. Modoc sucker habitat in the future. natural spring-fed headwater reaches The Turner Creek sub-basin contains Therefore, based on the best available and in deeper, headwater pools that largemouth bass, sunfish (green and information, we conclude that receive subsurface flow even when most bluegill), and brown bullheads, of introduced predators do not constitute a of the stream channel is dry (Reid 2008, which only the bass are considered a substantial threat to the Modoc sucker p. 43). Collections of Modoc suckers significant predator on Modoc suckers. now or in the future. from Rush Creek and Thomas Creek Bass do not appear to reproduce or near the end of the ‘‘dustbowl’’ drought establish stable populations in Turner Climate Change and Drought (Hubbs 1934, p. 1; Reid 2008a, p. 79) Creek because the creek’s cool-water Our analyses under the Act include and the continued persistence of Modoc habitat is generally unsuitable for consideration of ongoing and projected suckers throughout their known range supporting largemouth bass changes in climate. The terms ‘‘climate’’ through substantial local drought years populations. Since 2005, the Service has and ‘‘climate change’’ are defined by the since 1985, including up to the present,

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demonstrate the resiliency of Modoc climatic conditions accurately, the counts of body parts such as fins and sucker populations to drought. persistence of Modoc sucker across its scales) range for the two species. As a Human-induced climate change could range through the substantial droughts result, this variability is no longer exacerbate low-flow conditions in of the last century suggests that the thought to be the result of genetic Modoc sucker habitat during future species is resilient to drought and introgression between the two species droughts. A warming trend in the reduced water availability. In addition, (Kettratad 2001, pp. 52–53). mountains of western North America is improved habitat conditions may In 1999, we initiated a study to expected to decrease snowpack, hasten increase the resiliency of both the examine the genetics of suckers in the spring runoff, reduce summer stream Modoc sucker and its habitat to the Pit River basin and determine the extent flows, and increase summer water effects of climate change. Therefore, and role of hybridization between the temperatures (Poff et al. 2002, p. 11; based on the best available information, Modoc and Sacramento suckers using Koopman et al. 2009, p. 3; PRBO we conclude that the effects of droughts both nuclear and mitochondrial genes Conservation Science 2011, p. 15). and climate change, while likely (Palmerston et al. 2001, p. 2; Wagman Lower flows as a result of smaller affecting Modoc sucker populations, do and Markle 2000, p. 2; Dowling 2005, p. snowpack could reduce sucker habitat, not constitute substantial threats to 3; Topinka 2006, p. 50). The two species which might adversely affect Modoc Modoc sucker now and are not expected are genetically similar, suggesting that sucker reproduction and survival. to in the future. they are relatively recently Warmer water temperatures could lead differentiated or have a history of to physiological stress and could also Hybridization and Genetic Introgression introgression throughout their ranges benefit nonnative fishes that prey on or The 1985 listing rule (50 FR 24526; that has obscured their differences compete with Modoc suckers. Increases June 11, 1985) identified hybridization (Dowling 2005, p. 9; Topinka 2006, p. in the number and size of forest fires with the Sacramento sucker as a threat 65). Although the available evidence could also result from climate change to the Modoc sucker. Hybridization can cannot differentiate between the two (Westerling et al. 2006, p. 940) and be cause for concern in a species with hypotheses, the genetic similarity in all could adversely affect watershed restricted distribution, particularly three sub-basins, including those function resulting in faster runoff, lower when a closely related, nonnative populations shown to be free of base flows during the summer and fall, species is introduced into its range, introgression based on species-specific and increased sedimentation rates. It is which can lead to loss of genetic genetic markers (Topinka 2006, pp. 64– possible that lower flows may result in integrity or even extinction (Rhymer 65), suggests that introgression has increased groundwater withdrawal for and Simberloff 1996, p. 83). At the time occurred on a broad temporal and agricultural purposes and thus reduced of listing, it was assumed that geographic scale and is not a localized water availability in certain stream hybridization between Modoc suckers or recent phenomenon. Consequently, reaches occupied by Modoc suckers. and Sacramento suckers had been the genetic data suggest that While these are all possible scenarios, prevented in the past by the presence of introgression is natural and is not we have no data on which to predict the natural physical barriers, but that the caused or measurably affected by likelihood or magnitude of these loss of these stream barriers was human activities. outcomes. However, improved habitat allowing interaction and hybridization In a later study, Topinka (2006, p. 50) conditions may also offset some of the between the two species (see analyzed nuclear DNA from each of the potential effects of climate change. Elimination of Natural Barriers, above). two species and identified species- Increased riparian vegetation, increased However, the assumption that extensive specific markers indicating low levels of instream cover, and improved channel hybridization was occurring was based introgression by Sacramento sucker morphology (including deeper pools) solely on the two species occurring in alleles into most Modoc sucker may help to moderate water the same streams, and the identification populations. However, there was no temperatures, reduce erosion and of a few specimens exhibiting what evidence of first generation hybrids, and sedimentation, and improve water were thought to be intermediate it is not clear whether introgression retention for refugia during droughts. morphological characters. At the time of occurred due to local hybridization or In summary, droughts may be a listing in 1985, genetic and complete through immigration by individual concern because they could likely morphological information to assess this Modoc suckers carrying Sacramento constrict the amount of available habitat assumption were not available. alleles from other areas where and reduce access to spawning habitat. The morphological evidence for hybridization had occurred. However, the species has not declined hybridization in the 1985 listing rule Scientists who have studied suckers in distribution since the time of listing was based on a limited understanding of in western North America consider that, in 1985, even though during this time morphological variation in Modoc throughout their evolutionary history, the region where the species exists has suckers and Sacramento suckers, hybridization among sympatric native experienced several pronounced derived from the small number of fishes is not unusual and may provide droughts when total annual specimens available at that time. The an adaptive advantage (Dowling and precipitation was approximately half of actual number of specimens identified Secor 1997, pp. 612–613; Dowling 2005, the long-term average (Western Regional as apparent hybrids by earlier authors p. 10; Topinka 2006, p. 73; Tranah and Climate Center, http://www.wrcc.dri. was very small, and many of these May 2006, p. 313). Further, despite any edu/cgi-bin/cliMONtpre.pl?ca0161, specimens came from streams without hybridization that has occurred in the accessed December 20, 2013). Because established Modoc sucker populations. past, the Modoc sucker maintains its we are unable at this time to predict Subsequent evaluation of variability in morphological and ecological how climate change may exacerbate the the two species was based on a larger distinctiveness, even in populations effects of drought within the Modoc number of specimens. It showed that the showing low levels of introgression, and sucker’s range, we cannot make overlapping characteristics (primarily is clearly distinguishable in its meaningful projections on how the lateral line and dorsal ray counts) that morphological characteristics from the species may react to climate change or had been interpreted by earlier authors Sacramento sucker (Kettratad 2001, p. 3; how its habitat may be affected. Also, as evidence of hybridization are actually Smith et al. 2011, pp. 79–83). The low although we cannot predict future part of the natural meristic (involving levels of observed introgression by

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Sacramento suckers in streams sub-basin. For other species, we found threats now or in the future (see dominated by Modoc suckers, even that the overlap in distribution of ‘‘Summary of Factors Affecting the when there are no physical barriers largemouth bass and Modoc suckers is Species’’ section of the Species Report between the two species, suggests that limited because bass are warm-water (Service 2015a, pp. 14–30). ecological differences, selective fish that occur in lower elevation Summary of Comments and pressures, or other natural reproductive- reaches downstream of many of the Recommendations isolating mechanisms are sufficient to reaches occupied by Modoc sucker, and maintain the integrity of the species, reservoir outflows have been screened In the proposed rule published on even after more than a century of habitat to reduce the risk of bass being flushed February 13, 2014 (79 FR 8656), and in alteration by human activities. into streams occupied by Modoc sucker. the document reopening the comment Therefore, given the low levels of Brook trout occur in a tributary of the period published on February 13, 2015 observed introgression in streams Goose Lake sub-basin but do not overlap (80 FR 8053), in the Federal Register, dominated by Modoc suckers, the lack with the range of the species. Further, we requested that all interested parties of evidence of first-generation hybrids, State regulations in both California and submit written comments on the the fact that Modoc suckers and Oregon prohibit transfer of fish from one proposal by April 14, 2014, and March Sacramento suckers are naturally water body to another. Thus, introduced 16, 2015, respectively. We also sympatric, and the continued ecological predators are not a significant risk to contacted appropriate Federal and State and morphological integrity of Modoc Modoc sucker populations. agencies, Tribal entities, scientific sucker populations, we conclude that We also evaluated new information experts and organizations, and other hybridization and genetic introgression regarding hybridization of Modoc interested parties and invited them to do not constitute threats to the Modoc sucker with Sacramento sucker. As comment on the proposal. A newspaper sucker now and are not expected to in discussed above, a greater notice inviting general public comment the future. understanding of the genetic was published in the Herald and News relationships and natural gene flow of Klamath Falls, Oregon. We did not Overall Summary of Factors Affecting between the Modoc sucker and receive any requests for a public the Modoc Sucker Sacramento sucker has reduced hearing. All substantive information Threats to the Modoc sucker that were concerns over hybridization between provided during comment periods has considered in the 1985 listing rule (50 the two naturally sympatric species. either been incorporated directly into FR 24526; June 11, 1985) included Threats to the Modoc sucker that were this final determination or is addressed habitat loss and degradation, considered in the 1985 listing rule, below. hybridization with Sacramento sucker including habitat loss and degradation, due to loss of natural barriers, and hybridization with Sacramento sucker Peer Reviewer Comments predation by nonnative brown trout. due to loss of natural barriers, and In accordance with our peer review Climate change, drought, and predation predation by nonnative brown trout, policy published on July 1, 1994 (59 FR by additional nonnative fish species are have been reduced or ameliorated, or 34270), we solicited expert opinion threats identified since listing. We are no longer considered to have been from three knowledgeable individuals summarize our evaluation of these actual threats at the time of listing. with scientific expertise that included threats below. Further, climate change and drought familiarity with the Modoc sucker and In our evaluation of the threat of and are not considered substantial its habitat, biological needs, and threats. habitat loss and degradation as a result threats. We received responses from all three of of land management practices, we find Although none of the factors the peer reviewers. that habitat conditions on both public discussed above is having a major We reviewed all comments we and private lands have improved since impact on Modoc sucker, a combination received from the peer reviewers for the time of listing as a result of of factors could potentially have a substantive issues and new information improved livestock grazing management greater effect. For example, effects of regarding the status of the Modoc practices and construction of fencing to erosion on habitat resulting from poor sucker. The peer reviewers generally exclude cattle from riparian areas on livestock grazing management practices concurred with our methods and several of the streams occupied by could worsen during periods of conclusions, and provided additional Modoc suckers. We expect habitat prolonged, severe drought when some information, clarifications, and conditions to remain stable or improve. water sources may dry up, resulting in suggestions to improve the final rule. Although recent habitat surveys indicate greater pressure from cattle on the This information has been incorporated erosion continues to be a problem along remaining available water sources, into the final rule or species report as lower Turner Creek and in Dutch Flat which would likely degrade Modoc appropriate. The peer reviewer Creek, these areas represent only 4.1 sucker habitat. However, the impacts of comments are addressed in the percent (1.76 mi/42.5 mi) of Modoc livestock grazing on Modoc sucker following summary. sucker’s total occupied habitat. Habitat habitat have been greatly reduced or threats are addressed through multiple eliminated by improved grazing Comments From Peer Reviewers Federal and State regulations, including management practices and management (1) Comment: One peer reviewer NFMA, California and Oregon State plans, which are not expected to noted the status of the Modoc sucker in water regulations, and the California change. Although the types, magnitude, Dutch Flat Creek (California) was not Fish and Game Code. Therefore, these or extent of cumulative impacts are addressed adequately within the impacts are not considered a substantial difficult to predict, we are not aware of Recovery and Recovery Plan threat to the species. any combination of factors that has not Implementation section of the proposed We also evaluated whether several already been addressed, or would not be rule and provided additional introduced nonnative fish species that addressed, through ongoing information. In the downlisting and could be potential predators may be a conservation measures. Based on this delisting objectives that were listed threat to Modoc suckers. Modoc suckers assessment of factors potentially under the Recovery and Recovery Plan have coexisted with brown trout for impacting the species, we consider the Implementation section of the proposed more than 70 years in the Ash Creek Modoc sucker to have no substantial rule, the peer reviewer indicated that

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Dutch Flat Creek should be added to the Our Response: The Service has noted Comments From Federal Agencies text in several of the discussions of this comment and made corrections to (8) Comment: The USFS (Fremont- recovery objectives. the Species Report to reflect this Winema National Forest) noted that the Our Response: We did not specifically clarification. ‘‘dustbowl’’ drought was more than 80 include Dutch Flat Creek in our (5) Comment: Recent Oregon survey years ago and the Goose Lake basin has discussions of how each objective had data by USFS (2013) were not included changed since that time. There is more been met because the objectives as in the draft Species Report (Service pressure on fish habitat now than there written did not specifically include 2013). was 80 years ago, so we cannot assume Dutch Flat Creek. While the proposed that the effects of drought conditions are and final rules contain only a general Our Response: We did not include the same now as they were back then. summary discussion, our overall data from 2013 in the draft Species Our Response: The northwestern assessment of the species status and its Report (Service 2013) or proposed rule corner of the Great Basin is naturally progress toward recovery considered all due to the required timelines involved subject to extended droughts, during streams occupied by the Modoc sucker, with preparation of the proposed rule. which streams and even the larger water including those previously not known The information did not change the bodies such as Goose Lake have dried to be occupied. The Species Report distribution, but reaffirmed the presence up. The Service agrees droughts may be includes Dutch Flat Creek in its of the Modoc sucker in upper Thomas a concern because they could likely assessment and contains numerous Creek, above Cox Flat. We reviewed constrict the amount of available habitat references to the status of Modoc these data and determined that they and reduce access to spawning habitat. suckers and their habitat in Dutch Flat indicate no change in the status of the However, the species has not declined Creek. species from information provided in in distribution since the time of listing (2) Comment: One peer reviewer the proposed rule. We included the in 1985, even though the region where provided additional citations within the information in the revised Species it exists has experienced several Summary of Factors Affecting Species Report (Service 2015a). section for amendments to the Forest pronounced droughts (when total (6) Comment: One peer reviewer Plans of the Fremont-Winema and annual precipitation was approximately Modoc National Forests. Both stated that the proposed rule suggests half of the long-term average) since amendments provided habitat that continued grazing is causing then. Although the Service cannot conservation measures within riparian erosion on Turner Creek and represents predict future climatic conditions with areas, primarily by prescribing riparian an adverse effect on sucker populations certainty, the persistence of the Modoc conservation area widths. and that there no scientific evidence sucker across its range through the Our Response: We appreciate the provided to support this conclusion. substantial droughts of the last century reviewer providing additional citations This reach has steadily improved in suggests that the species is resilient to further supporting that the threats to the condition over the last 15 years under drought and reduced water availability. species have been successfully current management. The down-cutting Additionally, while there is some ameliorated. We incorporated this observed in the meadow is apparently a uncertainty regarding how the Modoc information into the revised Species legacy effect from a major storm in the sucker may respond to future droughts, Report (Service 2015a). 1940s and 1950s, and the creek is continued monitoring and management (3) Comment: One peer reviewer slowly healing in a steady upward through the post-delisting monitoring provided an additional reference that trend, albeit less rapidly than it would plan (Service 2015b) are designed to included additional information related without grazing. The reviewer also detect any unanticipated changes in the to nonnative fish removal in the Turner noted extreme downcutting in Dutch species’ status and habitat conditions. Creek sub-basin. Flat is also a legacy effect (of ditching We also expect continued monitoring Our Response: We appreciate the to dry out the meadow), but that erosion and management through reviewer providing a citation with does still occur at failed points in the implementation of Federal and State additional background information on cattle fencing. management plans and through riparian nonnative fish removal from the Turner Our Response: We agree with the peer restoration and management efforts on Creek sub-basin. We incorporated this reviewer that erosion due to grazing private lands. information into the revised Species effects on Modoc sucker habitat is (9) Comment: The USFS noted an Report (Service 2015a). generally a legacy effect from historic incorrect citation for their management (4) Comment: One peer reviewer grazing practices. The Service has noted plan that has successfully ameliorated noted that the statement that Modoc this comment and made corrections to threats to the Modoc sucker for the suckers are present in only 3.4 mi (5.5 the Species Report to reflect this Fremont-Winema National Forest. The km) of available habitat Washington clarification. correct citation for the Fremont National Creek, citing Reid 2008a (Conservation Forest Land and Resource Management Review), is somewhat inaccurate. It is (7) Comment: An additional reference Plan should be: U.S Forest Service. true that they were encountered in only (Smith et al. 2011, pp. 72–84) was 1989. Land and Resource Management 3.4 mi (5.5 km) during surveys carried provided to support the conclusion Plan. out in July 2008, when higher reaches under Factor E that hybridization Our Response: The Service has noted were naturally dry; however, as between Modoc and Sacramento suckers this correction and has updated the mentioned in the same survey report, is not a threat. references cited document supporting young of the year (indicative of local Our Response: We appreciate the this rule to reflect the change. spawning) have been found (2006) as far reviewer providing a citation that (10) Comment: The Fremont-Winema upstream as near Loveness Road, the further supports that hybridization National Forest noted the most upper limit of potential habitat, earlier between the Modoc sucker and the significant USFS regulatory mechanism in the year when the stream channel Sacramento sucker is not a threat to the to successfully ameliorate threats to the still has water, indicating that Modoc Modoc sucker. We have incorporated Modoc sucker was the Inland Native suckers are actually using the entire this reference into the Species Report Fish Strategy (InFish) amendment to the reach. and this final rule. Fremont National Forest Land and

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Resource Management Plan. InFish was (13) Comment: The Fremont-Winema Fish and Game Code section 1602). This developed as an ecosystem-based, National Forest noted that brook trout section of the California Fish and Game interim strategy designed to arrest the had been stocked in the Goose Lake Code provides some level of protection degradation of habitat and begin basin in the past and they still occur in to the mainstem Pit River. the Cottonwood Creek drainage, a restoration of in-stream and riparian Comments From States habitats on lands administered by the tributary to Goose Lake. USFS in eastern Oregon. Our Response: The Service has noted (16) Comment: Both the CDFW and Our Response: The Service has noted this comment and made reference to ODFW responded in support of the this comment and made changes to the this in the revised Species Report. proposed delisting of Modoc sucker. Species Report to reflect this additional (14) Comment: In the Climate Change Our Response: We appreciate the information. and Drought discussion of the Summary review and feedback provided by both (11) Comment: The Fremont-Winema of Factors Affecting the Species section State agencies. National Forest noted that in the Erosion of the proposed rule, the Fremont- Public Comments and Cattle Grazing discussion in the Winema National Forest noted there is a lack of data to support future impacts (17) Comment: Three commenters Summary of Factors Affecting the were opposed to the delisting of the Species section in the proposed rule (79 of climate change on the Modoc sucker, particularly without a baseline level of Modoc sucker, in part due to the FR 8656; February 13, 2014), the Service perceived threat from drought. failed to mention work completed and monitoring. Our Response: As stated in the Our Response: At the time of listing proposed by the Lake County Umbrella proposed rule (79 FR 8656; February 13, in 1985, the Service, CDFG, and USFS Watershed Council to improve fish 2014), we cannot predict future climatic were in the process of developing an habitat throughout the Goose Lake sub- conditions with certainty or their effects action plan for the recovery of the basin, including upper and lower on the Modoc sucker, but the Modoc sucker. In 1992, the Service Thomas Creek, and the historic work persistence of the Modoc sucker across adopted this action plan as the recovery done by the Goose Lake fishes working its range through the substantial plan for the Modoc sucker. Three group. droughts of the last century suggests downlisting objectives and three Our Response: We recognize that land that the species is resilient to drought delisting objectives were identified in management practices employed on and reduced water availability. Because the 1992 Recovery Plan, which included public and private lands by a diverse we are unable at this time to predict a delisting objective related to drought. group of entities are expected to how climate change will exacerbate the Because we are unable at this time to continue, or improve, thereby effects of drought within the Modoc predict to what extent climate change maintaining upward instream and sucker’s range, we cannot make will exacerbate the effects of drought riparian habitat trends. We noted efforts meaningful projections on how the within the Modoc sucker’s range, we of the Fremont-Winema National Forest species may react to climate change or cannot make meaningful projections on to restore habitat as one example in the how its habitat may be affected. how the species may react to climate proposed rule. We now also However, we believe continued change or how its habitat may be acknowledge and include reference to monitoring and management can detect affected. However, Modoc suckers have such groups in the revised Species any unanticipated changes in the persisted throughout the species’ Report, to recognize that many groups species’ status and habitat conditions. historical range since the time the (including private landowners and State species was listed in 1985, even though agencies) have, and are continuing, to Comments From Tribes the region has experienced several complete restoration for the benefit of (15) Comment: The Pit River Tribe pronounced droughts, indicating that Modoc sucker and other native fishes. opposes the delisting of Modoc sucker the species is at least somewhat resilient (12) Comment: The Fremont-Winema because the delisting would allow the to weather and hydrologic fluctuations. National Forest indicated in the Pit River to continue to be degraded and Therefore, we have determined that this Predation by Nonnative Species polluted. delisting objective has been met and discussion in the Summary of Factors Our Response: The Modoc sucker that the best available information does Affecting the Species section in the occupies habitat in the Turner Creek not indicate that the current level of proposed rule (79 FR 8656; February 13, and Ash Creek sub-basins in drought is a threat to the species. 2014) that what was described as a northeastern California, which are natural waterfall barrier at the tributaries of the Pit River. However, the Determination downstream end of Modoc sucker Modoc sucker does not occupy the An assessment of the need for a distribution in Thomas Creek may be mainstem Pit River. Therefore, delisting species’ protection under the Act is navigable by brook trout (Salvelinus the Modoc sucker will not change based on whether a species is in danger fontinalis), and therefore Thomas Creek activities in the Pit River. Moreover, we of extinction or likely to become so is susceptible to invasion of nonnative do not have direct regulatory authority because of any of five factors: (A) The species that could prey on Modoc over the water management within the present or threatened destruction, suckers. Pit River. However, the California Fish modification, or curtailment of its Our Response: The Service has and Game Code affords some protection habitat or range; (B) overutilization for determined that the natural waterfall is to stream habitats for all perennial, commercial, recreational, scientific, or likely a barrier to upstream movement intermittent, and ephemeral rivers and educational purposes; (C) disease or by nonnative species, such as brook streams. Under the California Fish and predation; (D) the inadequacy of trout, as surveys since at least 2007 have Game Code, any person, State or local existing regulatory mechanisms; or (E) not documented nonnative species governmental agency, or public utility other natural or manmade factors upstream from the waterfall. Further, must notify CDFW prior to conducting affecting its continued existence. As Sheerer et al. (2010) indicate no brook activities that would divert or obstruct required by section 4(a)(1) of the Act, trout occur downstream of habitat stream flow, use or alter streambed and we conducted a review of the status of occupied by Modoc sucker in Thomas stream bank materials, or dispose of this species and assessed the five factors Creek. debris that may enter streams (California to evaluate whether the Modoc sucker is

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in danger of extinction, or likely to throughout all its range now or in the apply to all individuals of the species become so throughout all of its range. foreseeable future. wherever found; (2) a portion of the We examined the best scientific and As a result of the discovery of five range of a species is ‘‘significant’’ if the commercial information available populations not known at the time of species is not currently endangered or regarding the past, present, and future listing and the documentation of the threatened throughout all of its range, threats faced by the species. We genetic integrity of populations but the portion’s contribution to the reviewed information presented in the considered in the 1985 listing rule that viability of the species is so important 2011 petition, information available in were believed to have been lost due to that, without the members in that our files and gathered through our 90- hybridization, the known range of the portion, the species would be in danger day finding in response to this petition, Modoc sucker has increased, and it of extinction, or likely to become so in and other available published and currently occupies its entire known the foreseeable future, throughout all of unpublished information. We also historical range. Additionally, the its range; (3) the range of a species is consulted with species experts and land distribution of occupied stream habitat considered to be the general management staff with the USFS, for populations known at the time of geographical area within which that CDFW, and ODFW, who are actively listing has remained stable or expanded species can be found at the time the managing for the conservation of the slightly since the time of listing, even Service or the National Marine Fisheries Modoc sucker. though the region has experienced Service (NMFS) makes any particular In considering what factors might several droughts during this time status determination; and (4) if a constitute threats, we must look beyond period. Additionally, the relevant vertebrate species is endangered or the mere exposure of the species to the recovery objectives outlined in the 1992 threatened throughout an SPR, and the factor to determine whether the Recovery Plan have been met, indicating population in that significant portion is exposure causes actual impacts to the sustainable populations exist a valid DPS, we will list the DPS rather species. If there is exposure to a factor, throughout the species’ range. Finally, than the entire taxonomic species or but no response, or only a positive our assessment of all potential stressors subspecies. response, that factor is not a threat. If that may be impacting the species now The SPR policy is applied to all status there is exposure and the species or in the future did not reveal any determinations, including analyses for responds negatively, the factor may be significant threats to the species or its the purposes of making listing, a threat and we then attempt to habitat. We have carefully assessed the delisting, and reclassification best scientific and commercial data determinations. The procedure for determine how significant the threat is. available and determined that Modoc analyzing whether any portion is an If the threat is significant, it may drive, sucker is no longer in danger of SPR is similar, regardless of the type of or contribute to, the risk of extinction of extinction throughout all of its range, status determination we are making. the species such that the species nor is it likely to become so in the The first step in our analysis of the warrants listing as endangered or future. status of a species is to determine its threatened as those terms are defined by status throughout all of its range. If we the Act. This determination does not Significant Portion of the Range determine that the species is in danger necessarily require empirical proof of a Having examined the status of Modoc of extinction, or likely to become so in threat. The combination of exposure and sucker throughout all its range, we next the foreseeable future, throughout all of some corroborating evidence of how the examine whether the species is in its range, we list the species as an species is likely impacted could suffice. danger of extinction, or likely to become endangered (or threatened) species and The mere identification of factors that so, in a significant portion of its range. no SPR analysis will be required. If the could impact a species negatively is not Under the Act and our implementing species is neither in danger of sufficient to compel a finding that regulations, a species may warrant extinction, nor likely to become so, listing is appropriate; we require listing if it is in danger of extinction or throughout all of its range, we evidence that these factors are operative likely to become so throughout all or a determine whether the species is in threats that act on the species to the significant portion of its range. The Act danger of extinction or likely to become point that the species meets the defines ‘‘endangered species’’ as any so throughout a significant portion of its definition of an endangered species or species which is ‘‘in danger of range. If it is, we list the species as an threatened species under the Act. extinction throughout all or a significant endangered species or a threatened Significant impacts at the time of portion of its range,’’ and ‘‘threatened species, respectively; if it is not, we listing (50 FR 24526; June 11, 1985) that species’’ as any species which is ‘‘likely conclude that listing the species is not could have resulted in the extirpation of to become an endangered species within warranted. all or parts of populations have been the foreseeable future throughout all or When we conduct an SPR analysis, eliminated or reduced since listing. We a significant portion of its range.’’ The we first identify any portions of the conclude that the previously recognized term ‘‘species’’ includes ‘‘any species’ range that warrant further impacts to Modoc sucker from the subspecies of fish or wildlife or plants, consideration. The range of a species present or threatened destruction, and any distinct population segment can theoretically be divided into modification, or curtailment of its [DPS] of any species of vertebrate fish or portions in an infinite number of ways. habitat or range (specifically, erosion wildlife which interbreeds when However, there is no purpose to due to poor cattle grazing management) mature.’’ We published a final policy analyzing portions of the range that are (Factor A); elimination of natural interpreting the phrase ‘‘significant not reasonably likely to be significant barriers (Factor A); predation by portion of its range’’ (SPR) (79 FR and endangered or threatened. To nonnative species (Factor C); 37578; July 1, 2014). The final policy identify only those portions that warrant hybridization or genetic introgression states that (1) if a species is found to be further consideration, we determine (specifically, from Sacramento sucker) endangered or threatened throughout a whether there is substantial information (Factor E); and the effects of drought significant portion of its range, the indicating that (1) the portions may be and climate change (Factor E) do not entire species is listed as an endangered significant and (2) the species may be in rise to a level of significance, such that species or a threatened species, danger of extinction in those portions or the species is in danger of extinction respectively, and the Act’s protections likely to become so within the

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foreseeable future. We emphasize that We considered whether any portions occurs at two sites that make up answering these questions in the of the Modoc sucker range might be approximately 4.1 percent of the Modoc affirmative is not a determination that both significant and in danger of sucker range, and has the potential to the species is endangered or threatened extinction or likely to become so in the adversely affect Modoc sucker in those throughout a significant portion of its foreseeable future. To identify whether areas. These two areas where erosion is range—rather, it is a step in determining any portions warrant further still occurring are within different sub- whether a more detailed analysis of the consideration, we first determine basins and, both collectively and per issue is required. In practice, a key part whether there is substantial information sub-basin, represent a very small of this analysis is whether the threats indicating that (1) the portions may be fraction of the Modoc sucker’s range. are geographically concentrated in some significant and (2) the species may be in These areas, individually or way. If the threats to the species are danger of extinction in those portions or collectively, are therefore unlikely to affecting it uniformly throughout its likely to become so within the constitute a significant portion of the range, no portion is likely to warrant foreseeable future. One way to identify species’ range. No other natural further consideration. Moreover, if any portions that may be significant would divisions occur, and no other potential concentration of threats apply only to be to identify natural divisions within remaining threats have been identified portions of the range that clearly do not the range that might be of biological or that may be likely to cause the species meet the biologically based definition of conservation importance. Modoc sucker to be threatened or endangered in any ‘‘significant’’ (i.e., the loss of that inhabit three sub-basins of the Pit River, particular area. We did not identify any portion clearly would not be expected to one of which, the Goose Lake sub-basin, portions that may be both (1) significant increase the vulnerability to extinction is disjoined from the other two sub- and (2) endangered or threatened. of the entire species), those portions basins (Turner Creek and Ash Creek Therefore, no portion warrants further will not warrant further consideration. sub-basins). These sub-basins have the consideration to determine whether the If we identify any portions that may potential to be significant areas to the species may be endangered or be both (1) significant and (2) species due to potential geographic threatened in a significant portion of its endangered or threatened, we engage in isolation. Although the sub-basins have range. a more detailed analysis to determine the potential to be significant, as We have carefully assessed the best whether these standards are indeed met. described above, threats to populations scientific and commercial data available The identification of an SPR does not of the species within each of the sub- and determined that the Modoc sucker create a presumption, prejudgment, or basins have been ameliorated through is no longer in danger of extinction other determination as to whether the restoration and active management as throughout all or significant portions of species in that identified SPR is discussed above. Surveys indicate that its range, nor is it likely to become so endangered or threatened. We must go Modoc sucker populations have been in the foreseeable future. As a through a separate analysis to determine maintained and are well-established and consequence of this determination, we whether the species is endangered or remaining factors that may affect the are removing this species from the threatened in the SPR. To determine Modoc sucker occur at similarly low Federal List of Endangered and whether a species is endangered or levels throughout each sub-basin. There Threatened Wildlife. threatened throughout an SPR, we will is no substantial information indicating Future Conservation Measures use the same standards and the species is likely to be threatened or Section 4(g)(1) of the Act requires us, methodology that we use to determine endangered throughout any of the sub- if a species is endangered or threatened in cooperation with the States, to basins. Therefore, these portions, the throughout its range. implement a monitoring program for not three sub-basins do not warrant further Depending on the biology of the less than 5 years for all species that have species, its range, and the threats it consideration to determine whether the been recovered and delisted. The faces, it may be more efficient to address species may be endangered or purpose of this post-delisting the ‘‘significant’’ question first, or the threatened in a significant portion of its monitoring (PDM) is to verify that a status question first. Thus, if we range. species remains secure from risk of determine that a portion of the range is Another way to identify portions for extinction after the protections of the not ‘‘significant,’’ we do not need to further consideration would be to Act are removed, by developing a determine whether the species is consider whether there is substantial program that detects the failure of any endangered or threatened there; if we information to indicate any threats are delisted species to sustain itself. If, at determine that the species is not geographically concentrated in some any time during the monitoring period, endangered or threatened in a portion of way that would indicate the species data indicate that protective status its range, we do not need to determine could be threatened or endangered in under the Act should be reinstated, we if that portion is ‘‘significant.’’ that area. With the exception of erosion can initiate listing procedures, For the Modoc sucker, we examined at some locations, we have determined including, if appropriate, emergency whether any of the identified threats that threats have been ameliorated listing under section 4(b)(7) of the Act. acting on the species or its habitat are through restoration and active geographically concentrated to indicate management as discussed above. Some Post-Delisting Monitoring Plan that the species could be endangered or factors may continue to affect Modoc The Service has developed a final threatened in that area. As stated earlier, sucker, such as drought, but would do post-delisting monitoring (PDM) plan we consider the ‘‘range’’ of Modoc so at uniformly low levels across the (Service 2015b). In addition, the USFS, sucker to include an estimated 42.5 mi species range such that they are unlikely CDFW, and ODFW have agreed to (68.4 km) of occupied habitat in 12 to result in adverse effects to partner with us in the implementation streams in the Turner Creek, Ash Creek, populations of the species and do not of the PDM plan. The PDM plan is and Goose Lake sub-basins of the Pit represent a concentration of threats that designed to verify that the Modoc River. This distribution represents its may indicate the species could be sucker remains secure from risk of entire known historical range, with the threatened or endangered in a particular extinction after removal from the exception of Willow Creek within the area. As noted above, erosion due to Federal List of Endangered and Ash Creek sub-basin. past poor grazing management still Threatened Wildlife by detecting

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changes in its status and habitat and any potential changes in threats to of June 5, 1997 (American Indian Tribal throughout its known range. The final the species. However, if a decline in Rights, Federal-Tribal Trust PDM plan consists of: (1) A summary of abundance is observed or a substantial Responsibilities, and the Endangered the species’ status at the time of new threat arises, PDM may be extended Species Act), we readily acknowledge delisting; (2) a summary of the roles of or modified. our responsibilities to work directly PDM cooperators; (3) an outline of the After each complete survey with tribes in developing programs for frequency and duration of monitoring; (conducted once every 2 years), the healthy ecosystems, to acknowledge that (4) a description of monitoring methods Service and its partners will compare tribal lands are not subject to the same and locations; (5) a definition of the results with those from previous controls as Federal public lands, to thresholds or triggers for potential surveys and consider the implication of remain sensitive to Indian culture, and monitoring outcomes and conclusions any observed reductions in abundance to make information available to tribes. of the PDM effort; and (6) an outline of or changes in threats to the species. Two tribes are near the range of the data compilation and reporting Within 1 year of the end of the PDM Modoc sucker: The Klamath Tribe and procedures. period, the Service will conduct a final the Pitt River Tribe. The Klamath Tribe A multi-state occupancy approach internal review and prepare (or contract does not have an interest in this species, (MacKenzie et al. 2009, entire) will be with an outside entity) a final report as it does not inhabit their historic used to estimate the proportion of sites summarizing the results of monitoring. reservation lands. We provided the occupied, change in site occupancy, and This report will include: (1) A summary proposed rule to the Pit River Tribe for change in abundance of Modoc suckers. of the results from the surveys of Modoc comment. We received the Pit River Surveys for Modoc suckers will be sucker occupancy, states of abundance, Tribe’s comments regarding the completed following a modified version recruitment, and change in distribution; delisting of the Modoc sucker, and they of a sampling protocol developed for and (2) recommendations for any disagree that the species should be Modoc sucker (Reid 2008b) that is actions and plans for the future. The delisted. The Pit River Tribe stated that consistent with the approach used in final report will include a discussion of the Pit River and habitat for the Modoc surveys conducted since 2008. This whether monitoring should continue sucker continues to be degraded. We approach will allow for monitoring beyond the 10-year period for any disagree with the Tribe’s comments population status over time as it permits reason. regarding the habitat for the species. See the estimation of the proportion of sites The final PDM plan and any future the Comments from Tribes section, (within a stream and among all streams) revisions will be available on our above, for a summary of their comments that are occupied and that are in each national Web site (http://endangered. and our response. state of abundance (low and high). fws.gov) and on the Klamath Falls Fish During occupancy and abundance and Wildlife Office’s Web site (http:// References Cited surveys, we will also monitor threats www.fws.gov/klamathfallsfwo/). A complete list of references cited in and recruitment. To measure this rulemaking is available on the recruitment, we will estimate the size of Required Determinations Internet at http://www.regulations.gov individuals to the nearest centimeter. National Environmental Policy Act (42 under Docket No. FWS–R8–ES–2013– Examination of fish sizes will allow a U.S.C. 4321 et seq.) 0133 or upon request from the Klamath determination to be made if recruitment Falls Fish and Wildlife Office (see FOR is occurring over time. Ideally, survey We have determined that FURTHER INFORMATION CONTACT). results will indicate in diverse size environmental assessments and classes of fish, indicating recruitment is environmental impact statements, as Authors occurring. Threats, both biotic (for defined under the authority of the example, nonnative predatory fish) and National Environmental Policy Act The primary authors of this final rule abiotic (for example, excessive (NEPA; 42 U.S.C. 4321 et seq.), need not are staff members of the Pacific sedimentation), will also be assessed be prepared in connection with listing Southwest Regional Office in during surveys (both day and night). or reclassification of a species as an Sacramento, California, in coordination Prior to completing surveys, sites endangered or threatened species under with the Klamath Falls Fish and (pools) within streams will be the Endangered Species Act. We Wildlife Office in Klamath Falls, landmarked and georeferenced to allow published a notice outlining our reasons Oregon. relocation for subsequent surveys. for this determination in the Federal List of Subjects in 50 CFR Part 17 Although the Act has a minimum Register on October 25, 1983 (48 FR PDM requirement of 5 years, we will 49244). Endangered and threatened species, monitor Modoc sucker for a 10-year Exports, Imports, Reporting and Government-to-Government monitoring period to account for recordkeeping requirements, Relationship With Tribes environmental variability (for example, Transportation. In accordance with the President’s drought) that may affect the condition of Regulation Promulgation habitat and to provide for a sufficient memorandum of April 29, 1994 number of surveys to document any (Government-to-Government Relations Accordingly, we amend part 17, changes in the abundance of the species. with Native American Tribal subchapter B of chapter I, title 50 of the Based on the life history of the Modoc Governments; 59 FR 22951), Executive Code of Federal Regulations, as set forth sucker, in which individuals mature at Order 13175 (Consultation and below: age 2+ years, a complete survey of Coordination With Indian Tribal previously surveyed areas should be Governments), and the Department of PART 17—ENDANGERED AND conducted every 2 years within the 10- the Interior’s manual at 512 DM 2, we THREATENED WILDLIFE AND PLANTS year monitoring period. This will allow readily acknowledge our responsibility us to assess changes in abundance or the to communicate meaningfully with ■ 1. The authority citation for part 17 extent of the species’ range over time, recognized Federal Tribes on a continues to read as follows: changes in the level of recruitment of government-to-government basis. In Authority: 16 U.S.C. 1361–1407; 1531– reproducing fish into the population, accordance with Secretarial Order 3206 1544; 4201–4245, unless otherwise noted.

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§ 17.11 [Amended] the ‘‘Comment Now!’’ icon, complete 1,000 mt to the BSAI northern rockfish ■ 2. Amend § 17.11(h) by removing the the required fields, and enter or attach TAC, 100 mt to the BSAI octopus TAC, your comments. 800 mt to the BSAI sculpins ITAC, and entry for ‘‘Sucker, Modoc’’ under • FISHES in the List of Endangered and Mail: Submit written comments to 3,428 mt to the BSAI skates ITAC. These Threatened Wildlife. Glenn Merrill, Assistant Regional apportionments are consistent with Administrator, Sustainable Fisheries § 679.20(b)(1)(i) and do not result in § 17.95 [Amended] Division, Alaska Region NMFS, Attn: overfishing of any target species because ■ 3. Amend § 17.95(e) by removing the Ellen Sebastian. Mail comments to P.O. the revised ITACs and TACs are equal entry for ‘‘Modoc Sucker (Catostomus Box 21668, Juneau, AK 99802–1668. to or less than the specifications of the microps)’’. Instructions: Comments sent by any acceptable biological catch in the final other method, to any other address or 2015 and 2016 harvest specifications for Dated: November 30, 2015. individual, or received after the end of groundfish in the BSAI (80 FR 11919, Stephen D. Guertin, the comment period, may not be March 5, 2015). Acting Director, U.S. Fish and Wildlife considered by NMFS. All comments The harvest specification for the 2015 Service. received are a part of the public record ITACs and TACs included in the harvest [FR Doc. 2015–30915 Filed 12–7–15; 8:45 am] and will generally be posted for public specifications for groundfish in the BILLING CODE 4333–15–P viewing on www.regulations.gov BSAI are revised as follows: The ITAC without change. All personal identifying and TAC are increased to 7,263 mt for information (e.g., name, address, etc.), BSAI northern rockfish, 500 mt for BSAI DEPARTMENT OF COMMERCE confidential business information, or octopuses, 4,795 mt for BSAI sculpins, otherwise sensitive information and 25,273 mt for BSAI skates. National Oceanic and Atmospheric submitted voluntarily by the sender will Classification Administration be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ This action responds to the best 50 CFR Part 679 A’’ in the required fields if you wish to available information recently obtained from the fishery. The Assistant [Docket No. 141021887–5172–02] remain anonymous). Administrator for Fisheries, NOAA, RIN 0648–XE344 FOR FURTHER INFORMATION CONTACT: (AA) finds good cause to waive the Steve Whitney, 907–586–7228. requirement to provide prior notice and Fisheries of the Exclusive Economic SUPPLEMENTARY INFORMATION: NMFS opportunity for public comment Zone Off Alaska; Several Groundfish manages the groundfish fishery in the pursuant to the authority set forth at 5 Species in the Bering Sea and Aleutian (BSAI) exclusive economic zone U.S.C. 553(b)(B) and Islands Management Area according to the Fishery Management § 679.20(b)(3)(iii)(A) as such a Plan for Groundfish of the Bering Sea requirement is impracticable and AGENCY: National Marine Fisheries and Aleutian Islands Management Area Service (NMFS), National Oceanic and contrary to the public interest. This (FMP) prepared by the North Pacific requirement is impracticable and Atmospheric Administration (NOAA), Fishery Management Council under Commerce. contrary to the public interest as it authority of the Magnuson-Stevens would prevent NMFS from responding ACTION: Temporary rule; apportionment Fishery Conservation and Management to the most recent fisheries data in a of reserves; request for comments. Act. Regulations governing fishing by timely fashion and would delay the U.S. vessels in accordance with the FMP SUMMARY: NMFS apportions amounts of apportionment of the non-specified appear at subpart H of 50 CFR part 600 the non-specified reserve to the initial reserves of groundfish to the BSAI and 50 CFR part 679. total allowable catch (ITAC) and total northern rockfish, BSAI octopus, BSAI The 2015 TAC of BSAI northern sculpins, and BSAI skates ITACS and allowable catch (TAC) of Bering Sea and rockfish was established as 6,263 metric Aleutian Islands (BSAI) northern TACS in the BSAI. Immediate tons (mt), the 2015 TAC of BSAI notification is necessary to allow for the rockfish, BSAI octopus, BSAI sculpins, octopus was established as 400 mt, the and BSAI skates in the BSAI orderly conduct and efficient operation 2015 ITAC of BSAI sculpins was of this fishery, to allow the industry to management area. This action is established as 3,995 mt, and the 2015 necessary to allow the fisheries to plan for the fishing season, and to avoid ITAC of BSAI skates was established as potential disruption to the fishing fleet continue operating. It is intended to 21,845 mt by the final 2015 and 2016 promote the goals and objectives of the and processors. NMFS was unable to harvest specifications for groundfish of publish a notice providing time for fishery management plan for the BSAI the BSAI (80 FR 11919, March 5, 2015) management area. public comment because the most and further revisions (80 FR 52204, recent, relevant data only became DATES: Effective December 3, 2015 August 28, 2015). In accordance with available as of November 30, 2015. through 2400 hrs, Alaska local time, § 679.20(a)(3) the Regional The AA also finds good cause to December 31, 2015. Comments must be Administrator, Alaska Region, NMFS, waive the 30-day delay in the effective received at the following address no has reviewed the most current available date of this action under 5 U.S.C. later than 4:30 p.m., Alaska local time, data and finds that the ITACs and TACs 553(d)(3). This finding is based upon December 18, 2015. for BSAI northern rockfish, BSAI the reasons provided above for waiver of ADDRESSES: You may submit comments octopus, BSAI sculpins, and BSAI prior notice and opportunity for public on this document, identified by FDMS skates need to be supplemented from comment. Docket Number NOAA–NMFS–2014– the non-specified reserve to promote Under § 679.20(b)(3)(iii), interested 0134 by any of the following methods: efficiency in the utilization of fishery persons are invited to submit written • Electronic Submission: Submit all resources in the BSAI and allow fishing comments on this action (see electronic public comments via the operations to continue. ADDRESSES) until December 18, 2015. Federal e-Rulemaking Portal. Go to Therefore, in accordance with This action is required by § 679.20 http://www.regulations.gov/#!docket § 679.20(b)(3), NMFS apportions from and is exempt from review under Detail;D=NOAA-NMFS-2014-0134, click the non-specified reserve of groundfish Executive Order 12866.

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Authority: 16 U.S.C. 1801, et seq. appear at subpart H of 50 CFR part 600 greater than 60 feet (18.3 m) LOA using Dated: December 3, 2015. and 50 CFR part 679. pot gear, 37,854 mt for catcher vessels Alan D. Risenhoover, The 2015 Pacific cod TAC specified using trawl gear, 3,823 mt to AFA trawl Director, Office of Sustainable Fisheries, for catcher vessels greater than 60 feet C/Ps, 115,371 mt for C/Ps using hook- National Marine Fisheries Service. (18.3 m) LOA using pot gear in the BSAI and-line, and 6,829 mt for C/Ps using pot gear. [FR Doc. 2015–30875 Filed 12–3–15; 4:15 pm] is 16,641 metric tons (mt) as established by the final 2015 and 2016 harvest BILLING CODE 3510–22–P Classification specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and This action responds to the best DEPARTMENT OF COMMERCE reallocations (80 FR 57105, September available information recently obtained 22, 2015 and 80 FR 65971, October 28, from the fishery. The Assistant National Oceanic and Atmospheric 2015). The Regional Administrator has Administrator for Fisheries, NOAA Administration determined that catcher vessels greater (AA), finds good cause to waive the than 60 feet (18.3 m) LOA using pot gear requirement to provide prior notice and 50 CFR Part 679 in the BSAI will not be able to harvest opportunity for public comment 3,000 mt of the remaining 2015 Pacific pursuant to the authority set forth at 5 [Docket No. 141021887–5172–02] cod TAC allocated to those vessels U.S.C. 553(b)(B) as such requirement is RIN 0648–XE342 under § 679.20(a)(7)(ii)(A)(5). impracticable and contrary to the public The 2015 Pacific cod TAC specified interest. This requirement is Fisheries of the Exclusive Economic for catcher vessels using trawl gear in impracticable and contrary to the public Zone off Alaska; Reallocation of the BSAI is 39,354 mt as established by interest as it would prevent NMFS from Pacific Cod in the Bering Sea and the final 2015 and 2016 harvest responding to the most recent fisheries Aleutian Islands Management Area specifications for groundfish in the data in a timely fashion and would BSAI (80 FR 11919, March 5, 2015) and delay the reallocation of Pacific cod AGENCY: National Marine Fisheries reallocations (80 FR 57105, September specified from multiple sectors to C/Ps Service (NMFS), National Oceanic and 22, 2015 and 80 FR 65971, October 28, using hook-and-line gear and C/Ps using Atmospheric Administration (NOAA), 2015). The Regional Administrator has pot gear in the Bering Sea and Aleutian Commerce. determined that catcher vessels using Islands management area. Since these ACTION: Temporary rule; reallocation. trawl gear will not be able to harvest fisheries are currently open, it is important to immediately inform the SUMMARY: NMFS is reallocating the 1,500 mt of the remaining 2015 Pacific industry as to the revised allocations. projected unused amounts of Pacific cod cod TAC allocated to those vessels Immediate notification is necessary to from catcher vessels greater than 60 feet under § 679.20(a)(7)(ii)(A)(9). allow for the orderly conduct and (18.3 meters (m)) length overall (LOA) The 2015 Pacific cod TAC specified efficient operation of this fishery, to using pot gear, American Fisheries Act for AFA trawl C/Ps in the BSAI is 4,623 allow the industry to plan for the fishing (AFA) trawl catcher processors (C/Ps), mt as established by the final 2015 and season, and to avoid potential and catcher vessels using trawl gear to 2016 harvest specifications for disruption to the fishing fleet as well as C/Ps using hook-and-line gear and C/Ps groundfish in the BSAI (80 FR 11919, processors. NMFS was unable to using pot gear in the Bering Sea and March 5, 2015) and reallocations (80 FR publish a notice providing time for Aleutian Islands management area. This 57105, September 22, 2015 and 80 FR public comment because the most action is necessary to allow the 2015 65971, October 28, 2015). The Regional recent, relevant data only became total allowable catch of Pacific cod to be Administrator has determined that AFA available as of December 1, 2015. harvested. trawl C/Ps will not be able to harvest 800 mt of the remaining 2015 Pacific The AA also finds good cause to DATES: Effective December 3, 2015 cod TAC allocated to those vessels waive the 30-day delay in the effective through 2400 hours, Alaska local time under § 679.20(a)(7)(ii)(A)(7). date of this action under 5 U.S.C. (A.l.t.), December 31, 2015. Therefore, in accordance with 553(d)(3). This finding is based upon FOR FURTHER INFORMATION CONTACT: Josh § 679.20(a)(7)(iii)(A) and the reasons provided above for waiver of Keaton, 907–586–7228. § 679.20(a)(7)(iii)(B), NMFS reallocates prior notice and opportunity for public SUPPLEMENTARY INFORMATION: NMFS 5,300 mt of Pacific cod to C/Ps using comment. manages the groundfish fishery in the hook-and-line gear and C/Ps using pot This action is required by § 679.20 Bering Sea and Aleutian Islands (BSAI) gear in the Bering Sea and Aleutian and is exempt from review under according to the Fishery Management Islands management area. Executive Order 12866. Plan for Groundfish of the Bering Sea The harvest specifications for Pacific Authority: 16 U.S.C. 1801 et seq. and Aleutian Islands Management Area cod included in the final 2015 harvest (FMP) prepared by the North Pacific specifications for groundfish in the Dated: December 3, 2015. Fishery Management Council under BSAI (80 FR 11919, March 5, 2015, 80 Alan D. Risenhoover, authority of the Magnuson-Stevens FR 51757, August 26, 2015, 80 FR Director, Office of Sustainable Fisheries, Fishery Conservation and Management 57105, September 22, 2015 and 80 FR National Marine Fisheries Service. Act. Regulations governing fishing by 65971, October 28, 2015) are revised as [FR Doc. 2015–30862 Filed 12–3–15; 4:15 pm] U.S. vessels in accordance with the FMP follows: 13,641 mt for catcher vessels BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 80, No. 235

Tuesday, December 8, 2015

This section of the FEDERAL REGISTER Comments should be sent to the address could be compatible with Community contains notices to the public of the proposed listed in the above paragraph. Forest Program requirements. This issuance of rules and regulations. The All comments, including provided provision also prevents the transfer of purpose of these notices is to give interested names and addresses, will be placed in ownership interest in a Community persons an opportunity to participate in the the record and made available for public Forest to another eligible entity if the rule making prior to the adoption of the final inspection and copying. The public may rules. original owner becomes unable to hold inspect comments received on this or maintain the parcel. This proposed proposed rule in the Cooperative regulation is designed to allow DEPARTMENT OF AGRICULTURE Forestry Office, State & Private Forestry Community Forest Program grant Deputy Area, Yates Building-Third recipients to grant conservation Forest Service Floor, 1400 Independence Avenue SW., easements to funding entities, and, in Washington, DC. Visitors must call (202) some circumstances, to convey land to 36 CFR Part 230 205–1376 to facilitate building entry. another eligible entity when consistent FOR FURTHER INFORMATION CONTACT: with the program’s purposes. RIN 0596–AD23 Maya Solomon, Program Specialist, Additionally, the Agency seeks to State and Private Forestry, Cooperative reduce the burden of paperwork and Community Forest and Open Space Forestry Staff, (202) 205–1376. information collections on applicants. Rule Revision Individuals who use telecommunication Currently, the Agency requests an eight- devices for the deaf (TDD) may call the page application, a map of the parcel in AGENCY: Forest Service, USDA. Federal Information Relay Service question, all forms required for issuance ACTION: Notice of proposed rule; request (FIRS) at (800) 877–8339 between 8:00 of a federal grant, and a draft for public comment. a.m. and 8:00 p.m., Eastern Standard community forest plan. The current Time, Monday through Friday. application process is overly SUMMARY: This proposed regulation burdensome and all elements of the SUPPLEMENTARY INFORMATION: would allow Community Forest and process are not necessary to ensure the Open Space Program (Community Background selection of high-quality community Forest Program) grant recipients to issue The Community Forest Program is forest projects that meet the intent of the conservation easements to funding authorized by Section 8003 of the Food, program. entities and, in some circumstances The Agency also seeks to clarify Conservation, and Energy Act of 2008 consistent with the program’s purposes, definitions and refine provisions (Pub. L. 110–246; 122 Stat. 1651). On convey community forest land to other regarding the use of technical assistance October 20, 2011, the Forest Service eligible entities. The proposed funds. The language clarifies how issued regulations (36 CFR 230 Subpart regulation would also clarify definitions technical assistance should be A) implementing the program. After of program-specific terms, streamline determined and requested. Some of the selecting and awarding the first round of the application process, and implement definitions in the current regulation are grants under the current version of 36 Office of Management and Budget unclear and confuse the intent of the CFR 230 Subpart A, the Agency (OMB) and the Department of program. The Agency seeks to provide identified some inconsistencies and Agriculture’s Uniform Administrative clarification and reduce the amount of inefficiencies in the regulation that Requirements, Cost Principles, and confusion caused by the unclear hinder the Agency’s ability to efficiently Audit Requirements for Federal Awards definitions. and effectively implement the program. (2 CFR parts 200 and 400). Lastly, the Agency is eliminating the One of the critical inconsistencies is separate cost share and grant DATES: Comments on this proposed found in Section 230.8, which specifies requirements for non-profit regulation must be received in writing the acquisition requirements for this by March 7, 2016. organizations, Tribal governments, and program. Subpart 230.8(a) (5) lists the local governments in ((§§ 230.6(c) and ADDRESSES: Send written comments to documents and statements that must be 230.7(a)(2)). The Agency will follow the USDA, Forest Service, Attention: Maya recorded with the deed as part of the guidance outlined in the OMB Uniform Solomon, Cooperative Forestry Staff, Notice of Grant Requirement. It states Administrative Requirements, Cost 1400 Independence Avenue SW., that, ‘‘. . .the grant recipient will not Principles, and Audit Requirements for Mailstop 1123, Washington, DC. 202– convey or encumber the interest in real Federal Awards (2 CFR parts 200 and 205–1376. Electronic comments may be property, in whole or in part, to another 400) for all eligible entities. sent to [email protected]. If party. . .’’. This language is more The changes made to the current comments are sent electronically, do not restrictive than necessary and is version of this rule will apply to new duplicate via regular mail. Comments inconsistent with the grant assurances grants as well as grants awarded prior to should only address issues relevant to (OPM Form 424D), which allow a grant the issuance of this rule. this proposed regulation. Make recipient to convey or encumber an reference to the specific section being interest in real property with prior Need for the Proposed Regulation addressed, and explain any suggested approval from the granting Agency. The Forest Service is revising this changes. Furthermore, the restrictive language regulation to correct inconsistencies and Comments concerning the prevents eligible entities from using inefficiencies identified in information collection requirements funding mechanisms that require administrating the first round of grants, contained in this action should establishment of a conservation to clarify confusing language, reduce the reference OMB No. 0596–0227. easement, even though this arrangement paperwork collection burden for

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applicants, and to update grant The Federal Appraisal Standards are governments, qualified nonprofit requirements to comply with current contained in a readily available public organizations, and Tribal governments grant regulations. These changes will document, (http://www.usdoj.gov/enrd/ eligible to receive a grant through help ensure that the regulations align Legal_Documents.html). A grant Community Forest Program. The with the intent and purposes of the recipient is responsible for assuring that minimum requirements imposed on authorizing legislation. the appraisal of the Community Forest small entities by this proposed rule are necessary to protect the public interest Project Compliance With the National Program tract is done in conformance and should be within the capabilities of Environmental Policy Act with the Federal Appraisal Standards. The Federal Appraisal Standards shall small entities to perform; they should Project grants are subject to the be used to determine reimbursement for not be administratively burdensome or National Environmental Policy Act non-Federal cost share. However, costly to meet. The proposed rule would (NEPA) and must comply with the separate tracts donated for the purpose not materially alter the budgetary Agency’s NEPA implementing of providing the non-Federal cost share impact of entitlements, user fees, loan procedures as described in 36 CFR part may be appraised using the Uniform programs, or the rights and obligations 220, as well as the Council on Standards of Professional Appraisal of program participants. It does not Environmental Quality’s NEPA Practice (USPAP) or the Internal compel the expenditure of $100 million procedures at 40 CFR parts 1500–1508. Revenue Service (IRS) regulations for a or more by any State, local or Indian Community Forest Program grants are donation in land. The Forest Service Tribal government, or anyone in the used to transfer title of private lands to may be available to assist applicants private sector. Under these third parties and will not fund any with the appraisal and associated circumstances, the Forest Service has ground-disturbing activities. The Forest appraisal review, and will conduct spot determined that this action would not Service has concluded that Community checks to assure compliance with have a significant economic impact on Forest Program grants fall under the Federal Appraisal Standards. a substantial number of small entities. categorical exclusion provided in the Forest Service’s NEPA procedures for Regulatory Certifications Unfunded Mandates ‘‘acquisition of land or interest in land’’ Regulatory Planning and Review Pursuant to Title II of the Unfunded 36 CFR part 220.6(d)(6); 73 FR 43084 Mandates Reform Act of 1995 (2 U.S.C. (July 24, 2008). As a result, Community This proposed rule has been reviewed 1531–1538), the Agency has assessed Forest Program project grants are under USDA procedures and Executive the effects of this proposed rule on excluded from documentation in an Order 12866. The OMB has determined State, local, and Indian Tribal environmental assessment or impact that this proposed rule is non- governments and the private sector. statement. significant for purposes of Executive This proposed rule does not compel the The changes made to the current Order 12866. expenditure of $100 million or more by version of this rule will apply to new This proposed rule does not regulate any State, local or Indian Tribal grants as well as grants awarded prior to the private use of land or the conduct governments, or anyone in the private the issuance of this rule. of business. It is a grant program for sector. Therefore, a statement under local governments, Tribal Governments, section 202 of that Act is not required. Uniform Relocation Assistance and and qualified nonprofit organizations Real Property Acquisition for Federal for purposes of acquiring land for Federalism and Federally-Assisted Programs resource conservation and open space The Forest Service has considered The Uniform Relocation Assistance preservation. By providing funding to this proposed rule under the and Real Property Acquisition Policy eligible entities for land acquisition, the requirements of Executive Order 13132, Act of 1970 (‘‘Uniform Act’’) (42 U.S.C. Federal Government will promote the Federalism, and Executive Order 12875, 4601, et seq.) provides guidance and non-monetary benefits of sustainable Government Partnerships. The Forest procedures for the acquisition of real forest management. These benefits Service has determined that the rule property by the Federal government, include: improved air and water quality, conforms to the federalism principles including relocation benefits to wildlife and fish habitat, forest-based set out in these Executive Orders. The displaced persons. Department of educational programs including rule would not impose any compliance Transportation regulations vocational education programs in costs on the States or Tribal implementing the Uniform Act (49 CFR forestry, replicable models of effective governments other than those imposed part 24) have been adopted by the forest stewardship for private by statute, and would not have Department of Agriculture (7 CFR part landowners, open space preservation, substantial direct effects on the States or 21). However, the Community Forest carbon sequestration, and enhanced Tribal governments, on the relationship Program is deemed exempt from the recreational opportunities including between the Federal Government and Uniform Act because it meets the hunting and fishing. the States or Tribal governments, or on exemption criteria stated at 49 CFR part Proper Consideration of Small Entities the distribution of power and 24.101(b)(1). responsibilities among the various This proposed rule has been levels of government. Based on Federal Appraisal Standards considered in light of Executive Order comments received on this proposed Section 7A(c)(4) of the Cooperative 13272 regarding regulatory impacts on rule, the Agency will consider if any Forestry Assistance Act (16 U.S.C. small entities and the Small Business additional consultations will be needed 2103d(c)(4)), requires that land acquired Regulatory Enforcement Fairness Act of with the State, local governments, and/ under Community Forest Program be 1996. Voluntary participation in the or Tribal governments prior to adopting appraised in accordance with the Community Forest Program does not a final rule. Uniform Appraisal Standards for impose significant direct costs on small Federal Land Acquisitions (Federal entities. This proposed rule imposes no Controlling Paperwork Burdens on the Appraisal Standards) in order to additional requirements on the affected Public determine the non-Federal cost share of public. Entities most likely affected by In accordance with the Paperwork a parcel of privately-owned forest land. this proposed rule are the local Reduction Act of 1995 [44 U.S.C. 3501–

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3521], the Forest Service is requesting a who are to respond, including the use Energy Effects new information collection that will of appropriate automated, electronic, supersede 0596–0227. mechanical, or other technological This proposed rule has been reviewed Title: Community Forest and Open collection techniques or other forms of under Executive Order 13211 of May 18, Space Conservation Program. information technology. 2001, Actions Concerning Regulations OMB Number: That Significantly Affect Energy Supply, Type of Request: New Information Consultations and Coordination With Distribution, or Use. It has been Collection. Indian Tribal Governments determined that this proposed rule does Abstract: The purpose of Community not constitute a significant energy action This proposed rule has tribal Forest Program is to achieve community as defined in the Executive Order. benefits through grants to local implications as defined in Executive governments, Tribal Governments, and Order 13175. Section 7A (a)(1) of the Civil Justice Reform qualified nonprofit organizations to Cooperative Forestry Assistance Act establish community forests by establishes that federally recognized This proposed rule has been reviewed acquiring and protecting private Indian tribes are eligible to participate under Executive Order 12988, Civil forestlands. This proposed rule includes in the Community Forest Program. In Justice Reform. The Forest Service has information requirements necessary to accordance with the President’s not identified any State or local laws or implement the Community Forest memorandum of April 29, 1994, regulations that are in conflict with this Program and comply with grants ‘‘Government-to-Government Relations proposed rule or that would impede full regulations and OMB Circulars. The with Native American Tribal implementation of this proposed rule. information requirements will be used Governments’’ (59 FR 22951); the Nevertheless, in the event that such a to help the Forest Service: Executive Order of November 6, 2000, conflict is identified, the proposed rule (1) Determine that the applicant is ‘‘Consultation and Coordination With would not preempt the State or local eligible to receive funds under the Indian Tribal Governments’’ (EO 13175); laws or regulations found to be in program, and with the directives of the conflict. However, in that case, no (2) Determine if the proposal meets Department of Agriculture (DR 1350– retroactive effect would be given to this the qualifications in the statute and 001); we have determined that this rule and the Forest Service would not regulations, proposed rule may affect Indian Tribes. require the use of administrative (3) Evaluate and rank the proposals Tribal consultation will be coordinated proceedings before parties could file based on standard, consistent through local and regional processes in suit in court challenging its provisions. information, and coordination with the Washington (4) Determine if the project’s costs are Office of the Forest Service. List of Subjects in 36 CFR Part 230 allowable and sufficient cost share is provided. No Takings Implications Grant programs, Grants Local governmental entities, Tribal administration, State and local Governments, and qualified nonprofit This proposed rule has been analyzed governments, Tribal governments, organizations are the only entities in accordance with the principles and Nonprofit organizations, Conservation, eligible for the program and therefore criteria contained in Executive Order Forests and forest products, Land sales. are the only organizations from which 12630 and it has been determined that the proposed rule does not pose the risk Therefore, for the reasons set forth in information will be collected. the preamble, the Forest Service The information collection currently of a taking of constitutionally-protected proposes to amend part 230 of Title 36 required for a request for proposals and private property. This proposed rule grant application is approved and has implements a program to assist eligible of the Code of Federal Regulations as been assigned the OMB Control No. entities in acquiring land from willing follows: sellers. Any land use restrictions on 0596–0227. PART 230—STATE AND PRIVATE Estimated Annual Number of Community Forest Program parcels are FORESTRY ASSISTANCE Respondents: 150. agreed to voluntarily by program Estimated Burden per Response: 22. participants. Estimated Number of Responses per ■ 1. The authority citation for part 230 Respondent: 1. Environmental Impact continues to read as follows: Estimated Number of Total Annual This proposed rule outlines processes Authority: 16 U.S.C. 2109. Responses: 150. for implementation of the Community Estimated Total Annual Burden on ■ Forest Program. Forest Service 2. Subpart A is revised to read as Respondents: 3,300 hours. follows: Comments: Comments are invited on: regulations at 36 CFR 220.6(d)(2) (1) Whether the proposed collection exclude ‘‘rules, regulations, or policies Subpart A—Community Forest and Open of information is necessary for the to establish Service-wide administrative Space Conservation Program proper performance of the functions of procedures, program processes, or Sec. the Agency, including whether the instructions’’ from documentation in an 230.1 Purpose and scope. information will have practical utility; environmental assessment or 230.2 Definitions. (2) The accuracy of the Agency’s environmental impact statement. The 230.3 Application process. estimate of the burden of the proposed Department’s preliminary assessment is 230.4 Application requirements. collection of information, including the that this proposed regulation falls 230.5 Ranking criteria and proposal validity of the methodology and within this category of actions, and that selection. assumptions used; no extraordinary circumstances require 230.6 Project costs and cost share (3) Ways to enhance the quality, preparation of an environmental requirements. utility, and clarity of the information to assessment or environmental impact 230.7 Grant requirements. be collected; and statement. A final determination will be 230.8 Acquisition requirements. (4) Ways to minimize the burden of made before publication of the final 230.9 Ownership and use requirements. the collection of information on those rule. 230.10 Technical assistance funds.

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Subpart A—Community Forest and to provide community benefits pursuant (ii) The protection of a relatively Open Space Conservation Program to a community forest plan. natural habitat of fish, wildlife, or Community Forest Plan. A tract- plants, or similar ecosystem, § 230.1 Purpose and scope. specific plan developed with (iii) The preservation of open space (a) The regulations of this subpart community involvement that guides the (including farmland and forest land) govern the rules and procedures for the management and use of a community where such preservation is for the Community Forest and Open Space forest and includes the following scenic enjoyment of the general public Conservation Program (Community components: or pursuant to a clearly delineated Forest Program), established under (1) A description of all purchased Federal, State, or local governmental Section 7A of the Cooperative Forestry tracts and cost share tracts, including conservation policy, and will yield a Assistance Act of 1978 (16 U.S.C. acreage and county location, land use, significant public benefit, or 2103d). Under the Community Forest forest type and vegetation cover; (iv) The preservation of a historically Program, the Secretary of Agriculture, (2) Objectives for the community important land area or a certified acting through the Chief of the Forest forest and strategies to implement those historic structure. Service, awards grants to local objectives; Eligible lands. Private forest lands governments, Indian tribes, and (3) A description of the long-term use that: qualified nonprofit organizations to and management of the property; (1) Are threatened by conversion to establish community forests for (4) Community benefits to be nonforest uses; community benefits by acquiring and achieved from the establishment of the (2) Are not lands held in trust by the protecting private forestlands. community forest; United States, including Indian (b) The Community Forest Program (5) A description of ongoing activities reservations and allotment land, applies to eligible entities within any of that promote community involvement (3) Can provide defined community the 50 States, the District of Columbia, in the development and implementation benefits under the Community Forest the Commonwealth of Puerto Rico, the of the Community Forest Plan; Program and allow public access if Virgin Islands of the United States, the (6) Plans for the utilization or acquired by an eligible entity. Commonwealth of the Northern Mariana demolition of existing structures and Equivalent officials of Indian tribes. Islands, the Federated States of proposed needs for further Individual(s) designated and authorized Micronesia, the Republic of the improvements; by the Indian tribe to manage the forest Marshall Islands, the Republic of Palau, (7) A description of public access and proposed for acquisition. and the territories and possessions of the rationale for any limitations on Federal appraisal standards. The the United States. public access, such as protection of current Uniform Appraisal Standards § 230.2 Definitions. cultural or natural resources or public for Federal Land Acquisitions The terms used in this subpart are health and safety concerns; and developed by the Interagency Land defined as follows: (8) Maps of sufficient scale to show Acquisition Conference (also known as Borrowed funds. Funds used for the the location of the property in relation the yellow book). purpose of cost share which would to roads, communities, and other Fee-simple. Absolute interest in real encumber the subject property, in whole improvements as well as nearby parks, property, versus a partial interest such or in part, to another party. refuges, or other protected lands and as a conservation easement. Community benefits. One or more of any additional maps required to display Forest lands. Lands that are at least the following: planned management activities. five acres in size, suitable to sustain (1) Economic benefits such as timber Eligible entity. An organization that is natural vegetation, and at least 75 and non-timber products resulting from qualified to acquire and manage land, percent forested. Forests are determined sustainable forest management and limited to the following: both by the presence of trees and the tourism; (1) Local governmental entity. Any absence of incompatible nonforest uses. (2) Environmental benefits, including municipal government, county Grant recipient. An eligible entity that clean air and water, stormwater government, or other local government receives a grant from the Forest Service management, wildlife habitat, and body with jurisdiction over local land through the Community Forest Program. cultural resources; use decisions as defined by Federal or Landscape conservation initiative. A (3) Benefits from forest-based State law. conservation or management plan or experiential learning, including K–12 (2) Indian tribe. Defined by Section 4 activity that identifies conservation conservation education programs; of the Indian Self-Determination and needs and goals of a locality, state, vocational education programs in Education Assistance Act (25 U.S.C. region, or Tribe. Examples of initiatives disciplines such as forestry and 450b); for the purpose of this rule, this include community green infrastructure environmental biology; and includes federally recognized Indian plans, a community or county land use environmental education through tribes and Alaska Native Corporations. plan, a Statewide Forest Action Plan, individual study or voluntary (3) Qualified nonprofit organization. etc. The conservation goals identified in participation in programs offered by An organization that is described in the plan must correspond with the organizations such as 4–H, Boy or Girl Section 170(h)(3) of the Internal community and environmental benefits Scouts, Master Gardeners, etc.; Revenue Code of 1986 (26 U.S.C. outlined for the Community Forest (4) Benefits from serving as replicable 170(h)(3)) and operates in accordance Program project. models of effective forest stewardship with one or more of the conservation Nonforest uses. Uses other than forest for private landowners; and purposes specified in Section management that may be compatible or (5) Recreational benefits such as 170(h)(4)(A) of that Code (26 U.S.C. incompatible with maintaining hiking, hunting, and fishing secured 170(h)(4)(A)). Conservation purposes community forest purposes. with public access. include: (1) Compatible nonforest uses that Community Forest. Forest land owned (i) The preservation of land areas for may be compatible with a community in fee-simple by an eligible entity that outdoor recreation by, or for the forest as part of an undeveloped provides public access and is managed education of, the general public, landscape may include:

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(i) Cultivated farmland, pasture, (b) Pursuant to the RFA, interested well as parks, refuges, or other protected grassland, shrubland, open water, and eligible entities will submit an lands in the vicinity; wetlands; application for program participation to: (5) A description of applicable zoning (ii) Low-impact structures or facilities (1) The State Forester or equivalent and other land use regulations affecting that support the purposes of the official, for local governments and the property; community forest and the Community qualified nonprofit organizations, or (6) Relationship of the property Forest Program, such as recreational (2) The equivalent officials of the within and its contributions to a facilities, trails, concession and Indian tribe, for applications submitted landscape conservation initiative; and educational kiosks, energy development by an Indian tribe. (7) A description of any threats of for onsite use, facilities associated with (c) Interested eligible entities will also conversion to nonforest uses. appropriate forest management, and notify the Forest Service, official (c) Information regarding the parking areas. identified in the RFA, when submitting proposed establishment of a community (2) Incompatible nonforest uses are an application to the State Forester or forest, including: activities that threaten forest cover and equivalent officials of the Indian tribe. (1) Objectives of the community are inconsistent with the Community (d) The State Forester or equivalent forest; Forest Plan. These uses may include, official of the Indian tribe will forward (2) A description of the benefiting but are not limited to: all applications to the Forest Service community, including demographics, (i) Subdivision; and, as time and resources allow, and the associated benefits provided by (ii) Residential development, except provide a review of each application to the proposed land acquisition; for a caretaker building; help the Forest Service determine: (3) A description of the community (iii) Mining and nonrenewable (1) That the applicant is an eligible involvement to date in the planning of resource extraction, except for activities entity; the community forest and of the that would not require surface (2) That the land is eligible; community involvement anticipated in disturbance of the community forest (3) That the proposed project has not its long-term management; such as directional drilling for oil and been submitted for funding (4) Description of the planned public gas development or onsite use of gravel consideration under the Forest Legacy access and the rationale for any from existing gravel pits; Program; and proposed limitations such as protection (iv) Industrial use, including the (4) Whether the project contributes to of cultural or natural resources, or manufacturing of products; a landscape conservation initiative. public health and safety concerns; and (v) Commercial use, except for (e) If an applicant seeks technical (5) An identification of persons and sustainable timber or other renewable assistance from the State Forester, organizations that support the project resources, and limited compatible nontribal applicants should contact the and their specific role in acquiring the commercial activities to support State Forester to discuss what technical land and establishing and managing the cultural, recreational and educational assistance is needed and confirm that community forest. use of the community forest by the the State Forester is willing to provide (6) If the project is within the public; and that assistance. Tribal applicants should designated boundary of a federal (vi) Structures, facilities, or organized, work with their equivalent officials (as management unit, a letter of support for continuous, or recurring activities that defined in § 230.2) to discuss and the project from the federal land disturb or compact the surface and/or arrange similar technical assistance manager. impact forest and water resources in a needs. Applicants must include a (7) A description of the resources that manner that threatens the benefits and separate budget that outlines the will be used to maintain and manage the objectives of the community forest. financial needs associated with property as a community forest in Public access. Access that is provided technical assistance activities (§ 230.10). perpetuity. on a non-discriminatory basis at (f) A proposed application cannot be (d) Information regarding the reasonable times and places, but may be submitted for funding consideration proposed land acquisition, including: limited to protect cultural and natural simultaneously for both the Community (1) A proposed project budget resources or public health and safety. Forest Program and the Forest Service’s including a table and/or narrative State Forester. The State employee Forest Legacy Program (16 U.S.C. detailing the source/type of non-federal who is responsible for administration 2103c). cost share and all allowable expenses and delivery of forestry assistance associated with the project (§ 230.6) within a State, or equivalent official. § 230.4 Application requirements. (2) Requests for State Forester, or An application must include: equivalent official of Indian tribes, § 230.3 Application process. (a) Documentation verifying that the technical assistance in Community (a) The Forest Service will issue a applicant is an eligible entity and that Forest Plan preparation should be listed national request for applications (RFA) the proposed acquisition is of eligible separately in the budget, along with for grants under the Community Forest lands. their estimated costs of providing Program. The RFA will be posted to (b) Details of the property proposed assistance (§ 230.10); http://www.grants.gov and other venues. for acquisition: (3) The status of due diligence, as The RFA will include the following (1) A description of the property, documented by a signed option or information: including acreage and county location; purchase and sale agreement, title (1) The process and timeline for (2) A description of current land uses, search, minerals determination, and submitting an application; including improvements and plans for appraisal; (2) Application requirements utilization or demolition of existing (4) Description and status of cost (§ 230.4); structures; share (secure, pending, commitment (3) Review process and criteria that (3) A description of forest type and letter, etc.) (§ 230.6); will be used by the Forest Service vegetative cover; (5) The status of negotiations with (§ 230.5); and (4) A map of sufficient scale to show participating landowner(s) including (4) Additional information as the the location of the property in relation purchase options, contracts, and other Forest Service determines appropriate. to roads and other improvements as terms and conditions of sale;

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(6) The proposed timeline for project costs specified in § 230.6(b) Principles, and Audit Requirements for completing the acquisition and completed as part of the application. Federal Awards. establishing the community forest; and (e) Cost share contributions can (b) The initial grant period will be two (7) Long term management costs and include cash, in-kind services, or years, and acquisition of lands should funding source(s). donations and must: occur within that timeframe. The grant (e) Applications must comply with (1) Be supported by grant regulations may be reasonably extended by the the Uniform Federal Assistance described above; Forest Service when necessary to Regulations (2 CFR parts 200 and 400). (2) Not include other Federal funds accommodate unforeseen circumstances unless specifically authorized by in the land acquisition process. § 230.5 Ranking criteria and proposal Federal statute; (c) The Forest Service must approve selection. (3) Not include non-Federal funds any amendment to a proposal or request The Forest Service will evaluate all used as cost share for other Federal to reallocate funding within a grant applications received by the State programs; proposal. Foresters or equivalent officials of the (4) Not include funds used to satisfy (d) The grant recipient must comply Indian tribes and award grants based on mandatory or compensatory mitigation with the requirements in § 230.8(a) of the following criteria: requirements under a Federal this subpart before funds will be (a) Type and extent of community regulation, such as the Clean Water Act, released. benefits provided (§ 230.2); the River and Harbor Act, or the (e) After the grant has closed, grant (b) Extent and nature of community Endangered Species Act; recipients must provide the Forest engagement in the establishment and (5) Not include borrowed funds, as Service with a Geographic Information long-term management of the defined in § 230.2; and System (GIS) shapefile: a digital, vector- community forest; (6) Be accomplished within the grant based storage format for storing (c) Extent to which the community period. geometric location and associated forest contributes to a landscape (f) Cost share contributions may attribute information, of Community conservation initiative; include the purchase or donation of Forest Program project tracts and cost (d) Likelihood that, if unprotected, the other lands located within the share tracts, if applicable. property would be converted to community forest as long as it is (f) Any funds not expended within nonforest uses; provided by an eligible entity and the grant period must be de-obligated (e) Amount and proportion of cost legally dedicated to perpetual land and revert to the Forest Service for share leveraged; conservation consistent with redistribution. (f) Extent of due diligence completed Community Forest Program and (g) All media, press, signage, and on the project, including cost share community forest objectives; such other documents discussing the creation committed and status of appraisal; donations need to meet the acquisition of the community forest must reference (g) Costs to the Federal government; requirements specified under § 230.8 (a) the partnership and financial assistance and (1)(ii). by the Forest Service through the (h) Additional considerations as may (g) For purposes of calculating the Community Forest Program. be outlined in the RFA. cost share contribution, the grant recipient may request inclusion of § 230.8 Acquisition requirements. § 230.6 Project costs and cost share (a) Prior to closing on an acquisition, requirements. project due diligence costs, such as title review and appraisals, incurred prior to grant recipients participating in the (a) The Community Forest Program issuance of the grant. These pre-award Community Forest Program must federal contribution cannot exceed 50 costs may have been incurred up to one complete the following, which applies percent of the total project costs. year prior to the issuance of the grant, to all tracts, including cost share tracts: (b) Allowable project and cost share but cannot include the purchase of (1) Complete an appraisal: costs will include the purchase price Community Forest Program land, (i) For lands purchased with and the following transactional costs including cost share tracts. Community Forest Program funds, the associated with the acquisition: appraisal must comply with Federal (1) Appraisals and appraisal reviews; § 230.7 Grant requirements. Appraisal Standards prior to the release (2) Land surveys; (a) Once an application is selected, of the grant funds. The grant recipient (3) Legal and closing costs; funding will be obligated to the grant must provide documentation that the (4) Development of the Community recipient through a grant. appraisal and associated appraisal Forest Plan; and (1) The following grant forms and review were conducted in a manner (5) Title examination. supporting materials must be completed consistent with the Federal appraisal (c) The principles and procedures for after project selection in order to receive standards. determining allowable costs for grants the grant: (ii) For donated cost share tracts, the are outlined in 2 CFR part 400, Uniform (i) An Application for Federal market value must be determined by an Administrative Requirements, Cost Assistance (Standard Form 424); independent appraiser. The value needs Principles, and Audit Requirements. (ii) Budget information (Standard to be documented by a responsible (d) Allowable project costs do not Form 424c—Construction Programs); official of the party to which the include the following: (iii) Assurances of compliance with property is donated. (1) Long-term operations, all applicable Federal laws, regulations, (2) Notify the landowner in writing of maintenance, and management of the and policies (Standard Form 424d— the appraised value of the property and land; Construction Programs); and that the sale is voluntary. If the grant (2) Construction of buildings or (iv) Additional forms, as may be recipient has a voluntary option for less recreational facilities; required to award the grant. than appraised value, they do not have (3) Research; (2) The grant paperwork must adhere to renegotiate the agreement. (4) Existing liens or taxes owed; and to the requirements outlined in 2 CFR (3) Purchase all surface and (5) Costs associated with preparation parts 200 and 400, Uniform subsurface mineral rights whenever of the application, except any allowable Administrative Requirements, Cost possible. However, if severed mineral

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rights cannot be obtained, the grant official of their Indian tribe for technical § 230.10 Technical assistance funds. recipient must follow the retention of assistance when developing or updating Community Forest Program technical qualified mineral interest requirements the Community Forest Plan. In addition, assistance funds may be provided to outlined in the Internal Revenue Service eligible entities are encouraged to work State Foresters or equivalent officials of regulations (26 CFR 1.170A–14(g)(4)), with technical specialists such as Indian tribes through an administrative which address both surface and professional foresters, recreation grant to help implement projects funded subsurface minerals. specialists, wildlife biologists, and through the Community Forest Program. (4) Ensure that title to lands acquired outdoor education specialists when These funds are separate from the conforms to title standards applicable to developing Community Forest Plans. project funds and do not have a cost State land acquisitions where the land (2) Reserved. share requirement. Section 7A (f) of the is located: (b) Grant recipients shall provide authorizing statute limits the funds (i) Title to lands acquired using public access in accordance with the allocated to State Foresters or equivalent Community Forest Program funds must officials of Indian tribes for program not be subject to encumbrances or Community Forest Plan. (c) Recipients must manage the administration and technical assistance agreements of any kind that would be to no more than 10% of all funds made contrary to the purpose of the property in a manner consistent with the purposes of the Community Forest available to carry out the program for Community Forest Program. each fiscal year. Funds will only be (ii) Title insurance must not be a Program. In the event that a grant recipient sells or converts a parcel of provided to States or Indian tribes that: substitute for acceptable title. (a) Have a Community Forest Program land acquired under the Community (5) The grant recipient must provide project funded within their jurisdiction, Forest Program to nonforest uses or any all necessary due diligence and documentation to regional Forest use inconsistent with the purposes of (b) Indicate the financial need and Service program managers and allow at the Community Forest Program, the purpose of technical assistance in their least 60 days for review and acceptance. grant recipient shall: Community Forest Program application. (b) At closing, record a Notice of (1) Pay the United States an amount Grant Requirement with the deed in the equal to the current sale price or the Dated: November 23, 2015. lands record of the local county or current appraised value of the parcel, Thomas L. Tidwell, municipality. This document must: whichever is greater. For the purposes Chief, Forest Service. (1) State that the property (including of this calculation, the parcel’s [FR Doc. 2015–30597 Filed 12–7–15; 8:45 am] cost share tracts) was purchased with appraised value will be the parcel’s full BILLING CODE 3411–15–P Community Forest Program funds; fair market value. The impact of (2) Provide a legal description; subsequent encumbrances, such as the (3) Identify the name and address of imposition of conservation easements ENVIRONMENTAL PROTECTION the grant recipient who is the consistent with the purposes of this AGENCY authorized title holder; program, will not be considered in (4) State the purpose of the 40 CFR Part 52 Community Forest Program; appraising the parcel’s fair market (5) Reference the Grant Agreement value; and [EPA–R09–OAR–2015–0690; FRL–9937–28– with the Forest Service (title and (2) Not be eligible for additional Region 9] agreement number) and the address grants under the Community Forest where it is kept on file; Program. Approval of California Air Plan (6) State that the grant recipient (d) For Indian tribes, land acquired Revisions, South Coast Air Quality confirms its obligation to manage the using a grant provided under the Management District and Yolo-Solano interest in real property pursuant to the Community Forest Program must not be Air Quality Management District grant, the Community Forest Plan, and sold, converted to nonforest uses or a AGENCY: Environmental Protection the purpose of the Community Forest use inconsistent with the purpose of the Agency (EPA). Program; Community Forest Program, or ACTION: Proposed rule. (7) State that the Community Forest converted to land held in trust by the may not be sold and will not be United States on behalf of any Indian SUMMARY: The Environmental Protection conveyed or transferred to another tribe. Agency (EPA) is proposing to approve eligible entity or encumbered in whole (e) Every five years, grant recipients revisions to the South Coast Air Quality or in part, to another party without prior shall submit a self-certifying statement Management District (SCAQMD) and written permission and instructions to the regional Forest Service Program Yolo-Solano Air Quality Management from the Forest Service and when Manager confirming that the property District (YSAQMD) portions of the consistent with the purposes of the has not been sold or converted to California State Implementation Plan Community Forest Program; and nonforest uses or a use inconsistent (SIP). These revisions concern volatile (8) State that the grant recipient will with the purpose of the Community organic compound (VOC) emissions manage the interest in real property Forest Program. from motor vehicle and mobile consistent with the purpose of the equipment refinishing coating Community Forest Program. (f) Grant recipients are subject to periodic spot checks conducted by the operations. We are proposing to approve § 230.9 Ownership and use requirements. Forest Service to verify that property local rules to regulate these emission (a) Grant recipients shall submit a acquired under the Community Forest sources under the Clean Air Act (CAA final Community Forest Plan for Forest Program has not been sold or converted or the Act). Service review within 120 days of the to nonforest uses or any use inconsistent DATES: Any comments on this proposal land acquisition and update the plan with the purpose of the Community must arrive by January 7, 2016. periodically to guide the management Forest Program and that the current ADDRESSES: Submit your comments, and use of the community forest. Community Forest Plan complies with identified by Docket ID No. EPA–R09– (1) Grantees are encouraged to work defined minimum requirements in OAR–2015–0690 at http:// with their State Forester or equivalent § 230.2. www.regulations.gov. Follow the online

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instructions for submitting comments. ENVIRONMENTAL PROTECTION documents in the docket are listed at Once submitted, comments cannot be AGENCY www.regulations.gov, some information edited or removed from Regulations.gov. may be publicly available only at the The EPA may publish any comment 40 CFR Part 52 hard copy location (e.g., copyrighted received to its public docket. Do not [EPA–R09–OAR–2015–0689; FRL–9936–81– material, large maps), and some may not submit electronically any information Region 9] be publicly available in either location you consider to be Confidential (e.g., CBI). To inspect the hard copy Business Information (CBI) or other Approval of California Air Plan materials, please schedule an information whose disclosure is Revisions, Placer County Air Pollution appointment during normal business restricted by statute. Multimedia Control District hours with the contact listed in the FOR submissions (audio, video, etc.) must be FURTHER INFORMATION CONTACT section. AGENCY: accompanied by a written comment. Environmental Protection Agency (EPA). FOR FURTHER INFORMATION CONTACT: The written comment is considered the Vanessa Graham, EPA Region IX, (415) ACTION: Proposed rule. official comment and should include 947–4120 [email protected]. discussion of all points you wish to SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: make. The EPA will generally not Agency (EPA) is proposing to approve a Throughout this document, ‘‘we,’’ ‘‘us’’ consider comments or comment revision to the Placer County Air and ‘‘our’’ refer to the EPA. In the Rules contents located outside of the primary Pollution Control District (PCAPCD) and Regulations section of this Federal submission (i.e. on the web, cloud, or portion of the California State Register, we are approving the Placer other file sharing system). For Implementation Plan (SIP) under the County Ozone Emergency Episode Plan additional submission methods, the full Clean Air Act (CAA or the Act). This in a direct final action without prior EPA public comment policy, revision describes actions that PCAPCD proposal because we believe this SIP information about CBI or multimedia will take to prevent air pollution revision is not controversial. If we submissions, and general guidance on concentrations from reaching receive adverse comments, however, we making effective comments, please visit dangerously high levels. will publish a timely withdrawal of the http://www2.epa.gov/dockets/ DATES: Any comments on this proposal direct final rule and address the commenting-epa-dockets. must arrive by January 7, 2016. comments in a subsequent action based FOR FURTHER INFORMATION CONTACT: ADDRESSES: Submit comments, on this proposed rule. Arnold Lazarus, EPA Region IX, (415) identified by docket number EPA–R09– We do not plan to open a second 972–3024, [email protected]. OAR–2015–0689, by one of the comment period, so anyone interested following methods: in commenting should do so at this SUPPLEMENTARY INFORMATION: 1. Federal eRulemaking Portal: time. If we do not receive adverse Throughout this document, ‘‘we,’’ ‘‘us’’ www.regulations.gov. Follow the on-line comments, no further activity is and ‘‘our’’ refer to the EPA. This instructions. planned. For further information, please proposal addresses the following local 2. Email: [email protected]. see the direct final action. rules: SCAQMD Rule 1151,‘‘Motor 3. Mail or deliver: Andrew Steckel Vehicle and Mobile Equipment Non- Dated: October 26, 2015. (Air-4), U.S. Environmental Protection Jared Blumenfeld, Assembly Line Coating Operations,’’ Agency Region IX, 75 Hawthorne Street, Regional Administrator, Region IX. and YSAQMD Rule 2.26, ‘‘Motor San Francisco, CA 94105–3901. Vehicle and Mobile Equipment Coating Instructions: Once submitted, [FR Doc. 2015–30829 Filed 12–7–15; 8:45 am] Operations’’. In the Rules and comments cannot be edited or BILLING CODE 6560–50–P Regulations section of this Federal withdrawn. The EPA may publish any Register, we are approving these local comment received to its public docket. ENVIRONMENTAL PROTECTION rules in a direct final action without Do not submit electronically any AGENCY prior proposal because we believe these information you consider to be SIP revisions are not controversial. If we Confidential Business Information (CBI) 40 CFR Part 52 receive adverse comments, however, we or other information whose disclosure is will publish a timely withdrawal of the restricted by statute. If you need to [EPA–R09–OAR–2015–0619; FRL–9936–66– direct final rule and address the include CBI as part of your comment, Region 9] comments in subsequent action based please visit http://www.epa.gov/ Revisions to the California State on this proposed rule. Please note that dockets/comments.html for instructions. Implementation Plan, Antelope Valley if we receive adverse comment on a Multimedia submissions (audio, video, Air Quality Management District, particular rule, we may adopt as final etc.) must be accompanied by a written Feather River Air Quality Management the rule that is not the subject of an comment. The written comment is District and Santa Barbara County Air adverse comment. considered the official comment and Pollution Control District We do not plan to open a second should include discussion of all points comment period, so anyone interested you wish to make. For additional AGENCY: Environmental Protection in commenting should do so at this submission methods, the full EPA Agency (EPA). time. If we do not receive adverse public comment policy, and general ACTION: Proposed rule. comments, no further activity is guidance on making effective planned. For further information, please comments, please visit http:// SUMMARY: The Environmental Protection see the direct final action. www.epa.gov/dockets/comments.html. Agency (EPA) is proposing to approve Docket: Generally, documents in the revisions to the Antelope Valley Air Dated: November 5, 2015. docket for this action are available Quality Management District Jared Blumenfeld, electronically at www.regulations.gov or (AVAQMD), Feather River Air Quality Regional Administrator, Region IX. in hard copy at EPA Region IX, 75 Management District (FRAQMD), and [FR Doc. 2015–30825 Filed 12–7–15; 8:45 am] Hawthorne Street, San Francisco, Santa Barbara County Air Pollution BILLING CODE 6560–50–P California 94105–3901. While all Control District (SBCAPCD) portions of

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the California State Implementation please visit http://www.epa.gov/ rules: AVAQMD Rule 1113 Plan (SIP). These revisions concern dockets/comments.html for instructions. ‘‘Architectural Coatings,’’ FRAQMD volatile organic compound (VOC) Multimedia submissions (audio, video, Rule 3.15 ‘‘Architectural Coatings,’’ emissions from architectural coatings. etc.) must be accompanied by a written SBCAPCD Rule 323.1 ‘‘Architectural We are proposing to approve local rules comment. The written comment is Coatings,’’ SCAPCD Rule 3.15 to regulate these emission sources under considered the official comment and ‘‘Architectural Coatings,’’ and YCAPCD the Clean Air Act (CAA or the Act). should include discussion of all points Rule 3.15 ‘‘Architectural Coatings.’’ In Simultaneously, the EPA is proposing to you wish to make. For additional the Rules and Regulations section of this delete two related local rules from the submission methods, the full EPA Federal Register, we are approving and SIP from Sutter County Air Pollution public comment policy, and general deleting these local rules in a direct Control District (SCAPCD) and Yuba guidance on making effective final action without prior proposal County Air Pollution Control District comments, please visit http:// because we believe these SIP revisions (YCAPCD). www.epa.gov/dockets/comments.html. are not controversial. If we receive Docket: Generally, documents in the DATES: Any comments on this proposal adverse comments, however, we will docket for this action are available must arrive by January 7, 2016. publish a timely withdrawal of the electronically at www.regulations.gov or ADDRESSES: Submit comments, direct final rule and address the in hard copy at EPA Region IX, 75 identified by docket number [EPA–R09– Hawthorne Street, San Francisco, comments in subsequent action based OAR–2015–0619, by one of the California 94105–3901. While all on this proposed rule. Please note that following methods: documents in the docket are listed at if we receive adverse comment on a 1. Federal eRulemaking Portal: www.regulations.gov, some information provision of a particular rule, we may www.regulations.gov. Follow the on-line may be publicly available only at the adopt as final those provisions of the instructions. hard copy location (e.g., copyrighted rules that are not the subject of an 2. Email: [email protected]. adverse comment. 3. Mail or deliver: Andrew Steckel material, large maps), and some may not (Air-4), U.S. Environmental Protection be publicly available in either location We do not plan to open a second Agency Region IX, 75 Hawthorne Street, (e.g., CBI). To inspect the hard copy comment period, so anyone interested San Francisco, CA 94105–3901. materials, please schedule an in commenting should do so at this Instructions: Once submitted, appointment during normal business time. If we do not receive adverse comments cannot be edited or hours with the contact listed in the FOR comments, no further activity is withdrawn. The EPA may publish any FURTHER INFORMATION CONTACT section. planned. For further information, please comment received to its public docket. FOR FURTHER INFORMATION CONTACT: see the direct final action. Arnold Lazarus, EPA Region IX, (415) Do not submit electronically any Dated: October 23, 2015. information you consider to be 972–3024, [email protected]. Jared Blumenfeld, Confidential Business Information (CBI) SUPPLEMENTARY INFORMATION: or other information whose disclosure is Throughout this document, ‘‘we,’’ ‘‘us’’ Regional Administrator, Region IX. restricted by statute. If you need to and ‘‘our’’ refer to the EPA. This [FR Doc. 2015–30808 Filed 12–7–15; 8:45 am] include CBI as part of your comment, proposal addresses the following local BILLING CODE 6560–50–P

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Notices Federal Register Vol. 80, No. 235

Tuesday, December 8, 2015

This section of the FEDERAL REGISTER help you, please call (202) 7997039 considering petitions for determinations contains documents other than rules or before coming. of nonregulated status of GE organisms, proposed rules that are applicable to the Supporting documents are also APHIS accepts written comments public. Notices of hearings and investigations, available on the APHIS Web site at regarding a petition once APHIS deems committee meetings, agency decisions and http://www.aphis.usda.gov/ it complete. In a notice 2 published in rulings, delegations of authority, filing of biotechnology/petitions_table_ petitions and applications and agency the Federal Register on January 20, statements of organization and functions are pending.shtml under APHIS Petition 2015 (80 FR 2674–2675, Docket No. examples of documents appearing in this Number 14–213–01p. APHIS–2014–0097), APHIS announced section. FOR FURTHER INFORMATION CONTACT: Dr. the availability of the Monsanto petition John Turner, Director, Environmental for public comment. APHIS solicited Risk Analysis Programs, Biotechnology comments on the petition for 60 days DEPARTMENT OF AGRICULTURE Regulatory Services, APHIS, 4700 River ending on March 23, 2015, in order to Road Unit 147, Riverdale, MD 20737– help identify potential environmental Animal and Plant Health Inspection 1236; (301) 851–3954, email: and interrelated economic issues and Service [email protected]. To obtain impacts that APHIS may determine copies of the supporting documents for should be considered in our evaluation [Docket No. APHIS–2014–0097] this petition, contact Ms. Cindy Eck at of the petition. (301) 851–3892, email: cynthia.a.eck@ APHIS received 20 comments on the Monsanto Co.; Determination of aphis.usda.gov. petition. Issues raised during the Nonregulated Status of Maize comment period include the SUPPLEMENTARY INFORMATION: The Genetically Engineered for Increased contamination of conventional crop Ear Biomass regulations in 7 CFR part 340, ‘‘Introduction of Organisms and production, the potential for disruption of trade due to the presence of AGENCY: Animal and Plant Health Products Altered or Produced Through unwanted genetically engineered Inspection Service, USDA. Genetic Engineering Which Are Plant commodities in exports, the potential ACTION: Notice. Pests or Which There Is Reason to Believe Are Plant Pests,’’ regulate, for negative impacts on plant fitness and the environment, and health concerns. SUMMARY: We are advising the public of among other things, the introduction APHIS decided, based on its review of our determination that maize designated (importation, interstate movement, or the petition and its evaluation and as event MON 87403, which has been release into the environment) of analysis of the comments received genetically engineered for increased ear organisms and products altered or during the 60-day public comment biomass, is no longer considered a produced through genetic engineering period on the petition, that the petition regulated article under our regulations that are plant pests or that there is involves a GE organism that raises governing the introduction of certain reason to believe are plant pests. Such substantive new issues. According to genetically engineered organisms. Our genetically engineered (GE) organisms our public review process for such determination is based on our and products are considered ‘‘regulated petitions (see footnote 1), APHIS is evaluation of data submitted by articles.’’ following Approach 2 where we first Monsanto Company in its petition for a The regulations in § 340.6(a) provide solicit written comments from the determination of nonregulated status, that any person may submit a petition public on a draft environmental our analysis of available scientific data, to the Animal and Plant Health assessment (EA) and a preliminary plant and comments received from the public Inspection Service (APHIS) seeking a pest risk assessment (PPRA) for a 30-day in response to our previous notices determination that an article should not comment period through the announcing the availability of the be regulated under 7 CFR part 340. publication of a Federal Register notice. petition for nonregulated status and its APHIS received a petition (APHIS Then, after reviewing and evaluating the associated environmental assessment Petition Number 14–213–01p) from comments on the draft EA and the and plant pest risk assessment. This Monsanto Company (Monsanto) of St. preliminary PPRA and other notice also announces the availability of Louis, MO, seeking a determination of information, APHIS revises the our written determination and finding nonregulated status of maize (Zea mays) preliminary PPRA as necessary and of no significant impact. designated as event MON 87403, which prepares a final EA and, based on the DATES: Effective December 8, 2015. has been genetically engineered for increased ear biomass. The Monsanto final EA, a National Environmental ADDRESSES: You may read the petition states that information collected Policy Act (NEPA) decision document documents referenced in this notice and during field trials and laboratory (either a finding of no significant impact the comments we received at http:// analyses indicates that MON 87403 www.regulations.gov/ maize is not likely to be a plant pest and APHIS–2011–0129) a notice describing our public #!docketDetail;D=APHIS-2014-0097 or review process for soliciting public comments and therefore should not be a regulated information when considering petitions for in our reading room, which is located in article under APHIS’ regulations in 7 determinations of nonregulated status for GE room 1141 of the USDA South Building, CFR part 340. organisms. To view the notice, go to http:// 14th Street and Independence Avenue According to our process 1 for www.regulations.gov/#!docketDetail;D=APHIS- SW., Washington, DC. Normal reading 2011-0129. soliciting public comment when 2 To view the notice, the petition, other room hours are 8 a.m. to 4:30 p.m., supporting documents, and the comments we Monday through Friday, except 1 On March 6, 2012, APHIS published in the received, go to http://www.regulations.gov/ holidays. To be sure someone is there to Federal Register (77 FR 13258–13260, Docket No. #!docketDetail;D=APHIS-2014-0097.

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(FONSI) or a notice of intent to prepare references provided in the petition, DATES: We will consider all comments an environmental impact statement). If peer-reviewed publications, information that we receive on or before January 7, a FONSI is reached, APHIS furnishes a analyzed in the EA, the PPRA, 2016. response to the petitioner, either comments provided by the public, and ADDRESSES: You may submit comments approving or denying the petition. information provided in APHIS’ by either of the following methods: APHIS also publishes a notice in the response to those public comments, • Federal eRulemaking Portal: Go to Federal Register announcing the APHIS has determined that maize http://www.regulations.gov/ regulatory status of the GE organism and designated as event MON 87403 is #!docketDetail;D=APHIS-2015-0088. the availability of APHIS’ final EA, unlikely to pose a plant pest risk and • Postal Mail/Commercial Delivery: PPRA, FONSI, and our regulatory therefore are no longer subject to our Send your comment to Docket No. determination. regulations governing the introduction APHIS–2015–0088, Regulatory Analysis APHIS sought public comment on a of certain GE organisms. and Development, PPD, APHIS, Station draft EA and a preliminary PPRA from Copies of the signed determination 3A–03.8, 4700 River Road Unit 118, July 21, 2015, to August 20, 2015.3 document, PPRA, final EA, FONSI, and Riverdale, MD 20737–1238. APHIS solicited comments on the draft response to comments, as well as the The J.R. Simplot Company extension EA, the preliminary PPRA, and whether previously published petition and request, our preliminary finding of no the subject maize is likely to pose a supporting documents, are available as significant impact, our similarity plant pest risk. APHIS received 4 indicated in the ADDRESSES and FOR assessment, our preliminary comments on the petition. One FURTHER INFORMATION CONTACT sections determination, and any comments we commenter supported a decision of of this notice. receive on this docket may be viewed at nonregulated status for MON 87403 Authority: 7 U.S.C. 7701–7772 and 7781– http://www.regulations.gov/ maize; two were opposed, and one was 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and #!docketDetail;D=APHIS-2015-0088 or in support of nonregulated status but 371.3. in our reading room, which is located in wanted APHIS to require continued Done in Washington, DC, this 2nd day of Room 1141 of the USDA South oversight during the commercialization December 2015. Building, 14th Street and Independence process. Issues raised during the Kevin Shea, Avenue SW., Washington, DC. Normal comment period included concerns Administrator, Animal and Plant Health reading room hours are 8 a.m. to 4:30 regarding general safety, potential for Inspection Service. p.m., Monday through Friday, except increased weediness, and the potential [FR Doc. 2015–30877 Filed 12–7–15; 8:45 am] holidays. To be sure someone is there to for gene flow to other corn varieties. BILLING CODE 3410–34–P help you, please call (202) 799–7039 APHIS has addressed the issues raised before coming. during the comment period and has Supporting documents and any provided responses to comments as an DEPARTMENT OF AGRICULTURE comments we received regarding our attachment to the FONSI. National determination of nonregulated status of Environmental Policy Act. Animal and Plant Health Inspection the antecedent organisms (InnateTM After reviewing and evaluating the Service Potato events E12, F10, and J3), can be comments received during the comment [Docket No. APHIS–2015–0088] found at http://www.regulations.gov/ period on the draft EA and preliminary #!docketDetail;D=APHIS-2012-0067. PPRA and other information, APHIS has J.R. Simplot Company; Availability of Supporting documents may also be prepared a final EA. The EA has been Preliminary Finding of No Significant found on the APHIS Web site for V11 prepared to provide the public with Impact, Similarity Assessment, and potato (the organism under evaluation) documentation of APHIS’ review and Preliminary Decision for an Extension under APHIS Petition Number 15–140– analysis of any potential environmental of a Determination of Nonregulated 01p, and the antecedent organisms impacts associated with the Status to V11 Snowden Potatoes With (InnateTM Potato events E12, F10, and determination of nonregulated status of Low Acrylamide Potential and J3) under APHIS Petition Number 13– maize designated as event MON 87403. Reduced Black Spot Bruise 022–01p. The EA was prepared in accordance FOR FURTHER INFORMATION CONTACT: Dr. AGENCY: with: (1) NEPA, as amended (42 U.S.C. Animal and Plant Health John Turner, Director, Environmental 4321 et seq.), (2) regulations of the Inspection Service, USDA. Risk Analysis Programs, Biotechnology Council on Environmental Quality for ACTION: Notice. Regulatory Services, APHIS, 4700 River implementing the procedural provisions Road Unit 147, Riverdale, MD 20737– of NEPA (40 CFR parts 1500–1508), (3) SUMMARY: We are advising the public that the Animal and Plant Health 1236; (301) 851–3954, email: USDA regulations implementing NEPA [email protected]. To obtain (7 CFR part 1b), and (4) APHIS’ NEPA Inspection Service has reached a preliminary decision to extend our copies of the supporting documents, Implementing Procedures (7 CFR part contact Ms. Cindy Eck at (301) 851– 372). Based on our EA, the response to determination of nonregulated status of InnateTM potato to Snowden potato 3885, email: cynthia.a.eck@ public comments, and other pertinent aphis.usda.gov. scientific data, APHIS has reached a variety event SPS–00V11–6 (hereinafter FONSI with regard to the preferred V11 potato) in response to a request SUPPLEMENTARY INFORMATION: Under the alternative identified in the EA (to make from the J.R. Simplot Company. V11 authority of the plant pest provisions of a determination of nonregulated status potato has been genetically engineered the Plant Protection Act (PPA) (7 U.S.C. of maize designated as event MON to exhibit low acrylamide potential in 7701 et seq.), the regulations in 7 CFR 87403). cooked potatoes and reduced black spot part 340, ‘‘Introduction of Organisms bruise. We are making available for and Products Altered or Produced Determination public comment our preliminary finding Through Genetic Engineering Which Based on APHIS’ analysis of field and of no significant impact, our similarity Are Plant Pests or Which There Is laboratory data submitted by Monsanto, assessment, and our preliminary Reason to Believe Are Plant Pests,’’ extended determination of nonregulated regulate, among other things, the 3 80 FR 43053–43055. status. introduction (importation, interstate

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movement, or release into the As described in the extension request, InnateTM potato. APHIS considered the environment) of organisms and products V11 potato has been genetically following alternatives: (1) Take no altered or produced through genetic engineered through the insertion of action, i.e., APHIS would not change the engineering that are plant pests or that genetic elements from potato or wild regulatory status of V11 potato and it there is reason to believe are plant pests. potato (a group of related plant species would continue to be a regulated article, Such genetically engineered organisms that are sexually compatible with or (2) make a determination of and products are considered ‘‘regulated potato) using Simplot’s InnateTM nonregulated status of V11 potato. articles.’’ technologies. APHIS has previously APHIS’ preferred alternative is to make assessed the risks associated with the a determination of nonregulated status The regulations in § 340.6(a) provide insertion of these same genetic elements of V11 potato. that any person may submit a petition into potato and concluded that the APHIS has carefully examined the to the Animal and Plant Health resulting organisms did not pose a plant existing NEPA documentation Inspection Service (APHIS) seeking a pest risk. Based on the information in completed for InnateTM potato and has determination that an article should not the request, we have concluded that V11 concluded that Simplot’s request to be regulated under 7 CFR part 340. potato is similar to the antecedent extend a determination of nonregulated Further, the regulations in § 340.6(e)(2) potatoes. V11 potato is currently status to V11 potato encompasses the provide that a person may request that regulated under 7 CFR part 340. same scope of environmental analysis as APHIS extend a determination of In section 403 of the PPA, ‘‘plant the antecedent potatoes. nonregulated status to other organisms. pest’’ is defined as any living stage of Based on APHIS’ analysis of Such a request must include any of the following that can directly or information submitted by Simplot, information to establish the similarity of indirectly injure, cause damage to, or references provided in the extension the antecedent organism and the cause disease in any plant product: A request, peer-reviewed publications, regulated article in question. protozoan, a nonhuman animal, a information analyzed in the EA, and the In a notice 1 published in the Federal parasitic plant, a bacterium, a fungus, a similarity of V11 potato to the Register on November 10, 2014 (79 FR virus or viroid, an infectious agent or antecedent organisms, APHIS has 66688–66689, Docket No. APHIS–2012– other pathogen, or any article similar to determined that V11 potato is unlikely 0067), APHIS announced our or allied with any of the foregoing. to pose a plant pest risk. We have determination of nonregulated status of APHIS completed a plant pest risk therefore reached a preliminary decision potatoes (Solanum tuberosum) assessment (PPRA) and an to approve the request to extend the designated as InnateTM potatoes (events environmental assessment (EA) for the determination of nonregulated status of E12, E24, F10, F37, J3, J55, J78, G11, antecedent organisms. Based on those InnateTM potato to V11 potato, whereby H37, and H50), which have been assessments, we concluded that the V11 potato would no longer be subject genetically engineered for low antecedent organisms are unlikely to to our regulations governing the acrylamide potential and reduced black present a plant pest risk. V11 potato introduction of certain genetically spot bruise. Acrylamide is a human expresses the same low acrylamide engineered organisms. neurotoxicant and potential carcinogen potential and reduced black spot bruise Paragraph (e) of § 340.6 provides that that may form in potatoes and other prevalence as the antecedent potatoes. APHIS will publish a notice in the starchy foods under certain cooking Therefore, based on our PPRA for the Federal Register announcing all conditions. APHIS has received a antecedents and the similarity between preliminary decisions to extend request for an extension of a V11 potato and the antecedents, APHIS determinations of nonregulated status determination of nonregulated status of has concluded that V11 potato is for 30 days before the decisions become InnateTM potatoes (APHIS Petition unlikely to pose a plant pest risk. final and effective. In accordance with Number 13–022–01p) to Snowden The EA for the antecedent organisms § 340.6(e) of the regulations, we are potato variety event SPS–00V11–6 was prepared using data submitted by publishing this notice to inform the (hereinafter V11 potato) (APHIS Petition Simplot, a review of other scientific public of our preliminary decision to Number 15–140–01p) from the J.R. data, and field tests conducted under extend the determination of Simplot Company (Simplot) of Boise, APHIS oversight. The EA was prepared nonregulated status of the antecedent ID. In the extension request, Simplot to provide the APHIS decisionmaker potatoes to V11 potato. named three of the ten previously with a review and analysis of any APHIS will accept written comments deregulated events as antecedents. Like potential environmental impacts on the FONSI regarding a determination the antecedents, V11 potato has been associated with the proposed of nonregulated status of V11 potato for genetically engineered for low determination of nonregulated status of a period of 30 days from the date this acrylamide potential and reduced black the antecedent potatoes. The EA was notice is published in the Federal spot bruise. In its request, Simplot prepared in accordance with (1) the Register. The FONSI, as well as the stated that V11 potato was produced by National Environmental Policy Act of extension request, supporting transforming an additional variety of 1969 (NEPA), as amended (42 U.S.C. documents, and our preliminary potato, Snowden, using the same DNA 4321 et seq.); (2) regulations of the determination for V11 potato, are and method that was used for the Council on Environmental Quality for available for public review as indicated ADDRESSES FOR FURTHER antecedent potatoes and, based on the implementing the procedural provisions under and similarity, is unlikely to pose a plant of NEPA (40 CFR parts 1500–1508); (3) INFORMATION CONTACT above. Copies of pest risk. Therefore, the request stated USDA regulations implementing NEPA these documents may also be obtained that V11 potato should not be a (7 CFR part 1b); and (4) APHIS’ NEPA by contacting the person listed under regulated article under APHIS’ Implementing Procedures (7 CFR part FOR FURTHER INFORMATION CONTACT. After the comment period closes, regulations in 7 CFR part 340. 372). Based on the similarity of V11 potato APHIS will review all written comments to the antecedent potatoes, APHIS has received during the comment period 1 To view the notice, our determination, supporting documents, and the comments we have prepared a preliminary finding of no and any other relevant information. All received, go to http://www.regulations.gov/ significant impact (FONSI) on V11 comments will be available for public #!docketDetail;D=APHIS-2012-0067. potato using the EA prepared for review. After reviewing and evaluating

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the comments, if APHIS determines that Executive Office Building, 725—17th Total Burden Hours: 2,493. no substantive information has been Street NW., Washington, DC 20503. Title: Stocks Reports. received that would warrant APHIS Commenters are encouraged to submit Omb Control Number: 0535–0007. altering its preliminary regulatory their comments to OMB via email to: Summary of Collection: The primary determination or FONSI, our [email protected] or fax function of the National Agricultural preliminary regulatory determination (202) 395–5806 and to Departmental Statistics Service (NASS) is to prepare will become final and effective upon Clearance Office, USDA, OCIO, Mail and issue current official State and notification of the public through an Stop 7602, Washington, DC 20250– national estimates of crop and livestock announcement on our Web site at 7602. Copies of the submission(s) may production, stocks, disposition, and http://www.aphis.usda.gov/ be obtained by calling (202) 720–8681. prices. As part of this function, _ _ biotechnology/petitions table An agency may not conduct or estimates are made for stocks of off-farm pending.shtml. APHIS will also furnish sponsor a collection of information grains and oilseeds, potatoes, peanuts, a response to the petitioner regarding unless the collection of information hops, and rice. Grain and oilseed stocks our final regulatory determination. No displays a currently valid OMB control in all positions (on-farm and off-farm) further Federal Register notice will be number and the agency informs are estimated quarterly. Grain stock published announcing the final potential persons who are to respond to estimates are one of the most important regulatory determination regarding V11 the collection of information that such NASS estimates, which are watched potato. persons are not required to respond to closely by growers and industry groups. Authority: 7 U.S.C. 7701–7772 and 7781– the collection of information unless it General authority for data collection is 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and displays a currently valid OMB control granted under U.S. Code Title 7, Section 371.3. number. 2204. The Hop Growers of America Done in Washington, DC, this 2nd day of National Agricultural Statistics Service provides the data collection for much of December 2015. the production information because of Title: Egg, Chicken, and Turkey Kevin Shea, sensitivity issues an impartial third Surveys. party, NASS, collects stocks and price Administrator, Animal and Plant Health Omb Control Number: 0535–0004. Inspection Service. Summary of Collection: The primary information. [FR Doc. 2015–30878 Filed 12–7–15; 8:45 am] function of the National Agricultural Need and Use of the Information: BILLING CODE 3410–34–P Statistics Service (NASS) is to prepare NASS collects information to administer and issue current official State and farm program legislation and make national estimates of crop and livestock decisions relative to the export-import DEPARTMENT OF AGRICULTURE production. Thousands of farmers, programs. Estimates of stocks provide essential statistics on supplies and National Agricultural Statistics Service ranchers, agribusinesses and others voluntarily respond to nationwide contribute to orderly marketing. Farmers and agribusiness firms use these Submission for OMB Review; surveys about crops, livestock, prices, estimates in their production and Comment Request and other agricultural activities. Estimates of egg, chicken, and turkey marketing decisions. Collecting this December 2, 2015. production are in an integral part of this information less frequently would The Department of Agriculture has program. General authority for these eliminate data needed by the submitted the following information data collection activities is granted government, and industry and farmers collection requirement(s) to OMB for under U.S. Code Title 7, Section 2204. to keep abreast of changes at the State review and clearance under the This statue specifies the ‘‘The Secretary and national level. Paperwork Reduction Act of 1995, of Agriculture shall procure and Description of Respondents: Business Public Law 104–13. Comments preserve all information concerning or other for profit; Farms. regarding (a) whether the collection of agriculture which she can obtain . . . by Number of Respondents: 6,630. Frequency of Responses: Reporting: information is necessary for the proper the collection of statistics . . . and shall Monthly; Quarterly; Semi-annually; performance of the functions of the distribute them among agriculturists’’. Annually. agency, including whether the Information published from the surveys Total Burden Hours: 5,581. information will have practical utility; in this docket is needed by USDA (b) the accuracy of the agency’s estimate economists and government policy Title: List Sampling Frame Survey. of burden including the validity of the makers to ensure the orderly marketing Omb Control Number: 0535–0140. methodology and assumptions used; (c) of broiler chickens, turkeys and eggs. Summary of Collection: General ways to enhance the quality, utility and Need and Use of the Information: authority for these data collection clarity of the information to be Statistics on these poultry products activities is granted under U.S. Code collected; (d) ways to minimize the contribute to a comprehensive program Title 7, Section 2204 which specifies burden of the collection of information of keeping the government and poultry that ‘‘The Secretary of Agriculture shall on those who are to respond, including industry abreast of anticipated changes. procure and preserve all information through the use of appropriate All of the poultry reports are used by concerning agriculture which he can automated, electronic, mechanical or producers, processors, feed dealers, and obtain . . . by the collection of statistics other technological collection others in the marketing and supply . . .’’. The primary objective of the techniques or other forms of information channels as a basis for their production National Agricultural Statistics Service technology. and marketing decisions. Government (NASS) is to provide data users with Comments regarding this information agencies use these estimates to evaluate timely and reliable agricultural collection received by January 7, 2016 poultry product supplies. production and economic statistics, as will be considered. Written comments Description of Respondents: Farms; well as environmental and specialty should be addressed to: Desk Officer for Business or other for profit. agricultural related statistics. To Agriculture, Office of Information and Number of Respondents: 2,034. accomplish this objective, NASS relies Regulatory Affairs, Office of Frequency of Responses: Reporting: heavily on the use of sample surveys Management and Budget (OMB), New Weekly; Monthly; Annually. statistically drawn from ‘‘List Sampling

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Frame.’’ The List Sampling Frame is a 3226, 1400 Independence Avenue SW., clarity of the information to be database of names and addresses, with Washington, DC 20250–3225, collected; and (d) ways to minimize the control data, that contains the Telephone (202) 720–9815, Email burden of the collection of information components values from which these [email protected]. on those who are to respond, including samples can be drawn. SUPPLEMENTARY INFORMATION: through the use of appropriate Need and Use of the Information: The Title: Intermediary Relending automated, electronic, mechanical, or List Sampling Frame Surveys are used Program. other technological collection to develop and maintain a complete list OMB Number: 0570–0021. techniques or other forms of information of possible farm operations. Data from Expiration Date of Approval: April 30, technology. Comments may be sent to criteria surveys are used to provide 2016. Brigitte Sumter, Regulations and control data for new records on the list Type of Request: Extension of Paperwork Management Branch, sampling frame. This information is currently approved collection Support Services Division, U.S. utilized to define the size of operation, information. Department of Agriculture, Rural define sample populations and establish Abstract: The regulations contain Development, 1400 Independence eligibility for the Census of Agriculture. various requirements for information Avenue SW., STOP 0742, 1400 New names and addresses of potential from the intermediaries, and some Independence Ave. SW., Washington, farms are obtained on a regular basis requirements may cause the DC 20250. All responses to this notice from growers association, other intermediary to seek information from will be summarized and included in the government agencies and various ultimate recipients. The information request for OMB approval. All outside sources. The goal is to produce requested is necessary for RBS to be able comments will also become a matter of for each State a relatively complete, to process applications in a responsible public record. current, and unduplicated list of names manner, make prudent credit and for statistical sampling for agricultural program decisions, and effectively Nondiscrimination Statement operation surveys and the Census of monitor the intermediaries’ activities to The U.S. Department of Agriculture Agriculture. This information is used to protect the Government’s financial (USDA) prohibits discrimination in all develop efficient sample designs, which interest and ensure that funds obtained its programs and activities on the basis allows NASS the ability to draw from the Government are used of race, color, national origin, age, reduced sample sizes from the originally appropriately. It includes information to disability, and, where applicable, sex, large universe populations. identify the intermediary; describe the marital status, familial status, parental Description of Respondents: Farms. intermediary’s experience and expertise; status, religion, sexual orientation, Number of Respondents: 164,000. describe how the intermediary will genetic information, political beliefs, Frequency of Responses: Reporting: operate its revolving loan fund; provide reprisal, or because all or part of an On occasion. for debt instruments, loan agreements, individual’s income is derived from any Total Burden Hours: 40,219. and security; and other material public assistance program. (Not all Charlene Parker, necessary for prudent credit decisions prohibited bases apply to all programs.) Departmental Information Collection and reasonable program monitoring. Persons with disabilities who require Clearance Officer. Estimate of Burden: Public reporting alternative means for communication of burden for this collection of information [FR Doc. 2015–30876 Filed 12–7–15; 8:45 am] program information (Braille, large is estimated to average 9.25 hours per BILLING CODE 3410–20–P print, audiotape, etc.) should contact response. USDA’s TARGET Center at (202) 720– Respondents: Non-profit corporations, 2600 (voice and TDD). DEPARTMENT OF AGRICULTURE public agencies, Indian tribes and To file a complaint of discrimination cooperatives. write to USDA, Director, Office of Civil Rural Business-Cooperative Service Estimated Number of Respondents: Rights, 1400 Independence Avenue 80. SW., Washington, DC 20250–9410, or Notice of Request for Extension of a Estimated Number of Responses per call (800) 795–3272 (voice) or (202) Currently Approved Information Respondent: 15. 720–6382 (TDD). USDA is an equal Collection Estimated Number of Responses: opportunity provider, employer, and 1,219. lender. AGENCY: Rural Business-Cooperative Estimated Total Annual Burden on Service, USDA. Respondents: 8,406 hours. Dated: November 24, 2015. ACTION: Proposed collection; comments Copies of this information collection Samuel H. Rikkers, requested. can be obtained from Brigitte Sumter, Acting Administrator, Rural Business- Regulations and Paperwork Cooperative Service. SUMMARY: In accordance with the Management Branch, Support Services [FR Doc. 2015–30834 Filed 12–7–15; 8:45 am] Paperwork Reduction Act of 1995, this Division at (202) 692–0042. notice announces the Rural Business- BILLING CODE 3410–XY–P Cooperative Service’s (RBS) intention to Comments request an extension of a currently Comments are invited on (a) whether approved information collection in the proposed collection of information COMMISSION ON CIVIL RIGHTS support of the Intermediary Relending is necessary for the proper performance Program (IRP). of the functions of RBS, including Notice of Public Meeting of the Kansas DATES: Comments on this notice must be whether the information will have Advisory Committee to Hear received by February 8, 2016, to be practical utility; (b) the accuracy of Testimony Regarding Civil Rights and assured of consideration. RBS’s estimate of the burden of the Voting Requirements in the State FOR FURTHER INFORMATION CONTACT: Lori proposed collection of information AGENCY: U.S. Commission on Civil Hood, Specialty Programs Division, including the validity of the Rights. Rural Business-Cooperative Service, methodology and assumptions used; (c) ACTION: Announcement of meeting. U.S. Department of Agriculture, STOP ways to enhance the quality, utility, and

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SUMMARY: Notice is hereby given, Regional Programs Unit at the above Department of Commerce published a pursuant to the provisions of the rules email or street address. notice in the Federal Register, entitled and regulations of the U.S. Commission Agenda: ‘‘Notice of Proposed Amendment to on Civil Rights (Commission) and the • Opening Remarks and Introductions COMMERCE/ITA–1, Individuals Federal Advisory Committee Act that (9:00 a.m.–9:15 a.m.) Identified in Export Transactions,’’ the Kansas Advisory Committee • Panel 1: Academic (9:15 a.m.–10:30 requesting comments on proposed (Committee) will hold a meeting on a.m.) amendments to the system of records, Thursday, January 28, 2015, from 9:00 • Panel 2: Community (10:45 a.m.– which included renaming the system to a.m. to 5:15 p.m. CST for the purpose 12:00 p.m.) ‘‘COMMERCE/BIS–1, Individuals of hearing testimony regard the civil • Break (12:00 p.m.–1:30 p.m.) Identified in Export Transactions and rights impact of the State’s 2013 Secure • Panel 3: Voting Officials (1:30 p.m.– Other Matters Subject to BIS and Fair Elections (S.A.F.E.) Act. 2:45 p.m.) Jurisdiction.’’ The October 21, 2015, The meeting will take place on • Panel 4: Elected Officials (3:00 notice stated that the amended system Thursday, January 28, 2016 from 9:00 p.m.–4:15 p.m.) of records will become effective on the a.m. to 5:15 p.m. at the Topeka and • Open Forum (4:30 p.m.–5:00 p.m.) date of publication of a subsequent Shawnee County Public Library, located • Closing Remarks (5:00 p.m.–5:15 notice, unless comments are received. at 1515 SW 10th Avenue, Topeka, p.m.) No comments were received in response Kansas 66604. This meeting is free and DATES: The meeting will be held on to the request for comments. open to the public. Parking will Thursday, January 28, 2015, from 9:15 Accordingly, by this notice, the available at the event free of charge. a.m.–5:00 p.m. CST. Department of Commerce is adopting Individuals with disabilities requiring the proposed changes to the system as FOR FURTHER INFORMATION CONTACT: reasonable accommodations should final without changes effective contact the Midwest Regional Office a Melissa Wojnaroski, DFO, at 312–353– December 8, 2015. 8311 or [email protected] minimum of ten days prior to the Dated: December 2, 2015. Dated December 3, 2015. meeting to request appropriate Michael J. Toland, arrangements. David Mussatt, Department of Commerce, Freedom of Of concern to the Committee is the Chief, Regional Programs Unit. Information and Privacy Act Officer. potential for voter identification and [FR Doc. 2015–30858 Filed 12–7–15; 8:45 am] [FR Doc. 2015–30860 Filed 12–7–15; 8:45 am] proof of citizenship requirements as BILLING CODE 6335–01–P BILLING CODE 3510–33–P outlined in the S.A.F.E. Act to prevent citizens from exercising their right to vote—in particular that these DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE requirements may result in a disparate impact on the basis of race, color, age, [Docket No. 150903817–5999–02] International Trade Administration religion, or disability. Privacy Act of 1974, Amended System Members of the public are invited and [C–533–868] welcomed to make statements during of Records the open forum period beginning at 4:30 AGENCY: Bureau of Industry and Welded Stainless Pressure Pipe From p.m. In addition, members of the public Security, U.S. Department of Commerce. India: Postponement of Preliminary may submit written comments; the Determination of Countervailing Duty ACTION: Notice of Proposed Amendment comments must be received in the to Privacy Act System of Records: Investigation regional office within 30 days after the COMMERCE/ITA–1, Individuals meeting. Written comments may be AGENCY: Enforcement and Compliance, Identified in Export Transactions. mailed to the Regional Programs Unit, International Trade Administration, Department of Commerce. U.S. Commission on Civil Rights, 55 W. SUMMARY: The Department of Commerce Monroe St., Suite 410, Chicago, IL publishes this notice to announce the DATES: Effective Date: December 8, 2015. 60615. They may also be faxed to the effective date of a Privacy Act System of FOR FURTHER INFORMATION CONTACT: Commission at (312) 353-8324, or Records notice entitled Notice of Mandy Mallott, AD/CVD Operations, emailed to Administrative Assistant, Proposed Amendment to COMMERCE/ Office III, Enforcement and Compliance, Corrine Sanders at [email protected]. ITA–1, Individuals Identified in Export International Trade Administration, Persons who desire additional Transactions. U.S. Department of Commerce, 14th information may contact the Regional DATES: The system of records becomes Street and Constitution Avenue NW., Programs Unit at (312) 353-8311. effective on December 8, 2015. Washington, DC 20230; telephone: (202) Records and documents discussed 482–6430. ADDRESSES: For a copy of the system of during the meeting will be available for SUPPLEMENTARY INFORMATION: public viewing prior to and after the records please mail requests to the: meeting at https://database.faca.gov/ Privacy Officer, Bureau of Industry and Background Security, Department of Commerce, committee/meetings.aspx?cid=249 and On October 20, 2015, the Department clicking on the ‘‘Meeting Details’’ and 1401 Constitution Avenue NW., Room 6622, Washington, DC 20230. of Commerce (‘‘Department’’) initiated a ‘‘Documents’’ links. Records generated countervailing duty investigation on FOR FURTHER INFORMATION CONTACT: from this meeting may also be inspected welded stainless pressure pipe from Chief Financial Officer and Director of and reproduced at the Regional India.1 Currently the preliminary Administration, Bureau of Industry and Programs Unit, as they become determination of this investigation is Security, Department of Commerce, available, both before and after the due no later than December 24, 2015. meeting. Persons interested in the work 1401 Constitution Avenue NW., Room 6622, Washington, DC 20230. of this Committee are directed to the 1 See Welded Stainless Pressure Pipe from India: Commission’s Web site, http:// SUPPLEMENTARY INFORMATION: On Initiation of Countervailing Duty Investigation, 80 www.usccr.gov, or may contact the October 21, 2015 (80 FR 63737), the FR 65700 (October 27, 2015).

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Postponement of Preliminary DEPARTMENT OF COMMERCE Department pursuant to 19 CFR Determination 351.218(d)(3)(i). The Department did International Trade Administration not receive a substantive response from Section 703(b)(1) of the Tariff Act of [A–570–952; A–583–844] any respondent interested party. As a 1930, as amended (‘‘the Act’’), requires result, pursuant to section 751(c)(3)(B) the Department to issue the preliminary Narrow Woven Ribbons With Woven of the Act and 19 CFR determination in a countervailing duty Selvedge From the People’s Republic 351.218(e)(1)(ii)(C)(2), the Department investigation within 65 days after the of China and Taiwan: Final Results of conducted expedited sunset reviews of date on which the Department initiated the Expedited Sunset Reviews of the the Orders. the investigation. However, if the Antidumping Duty Orders Scope of the Orders petitioner makes a timely request for a AGENCY: Enforcement and Compliance, postponement, section 703(c)(1)(A) of The merchandise subject to these International Trade Administration, the Act allows the Department to Orders is narrow woven ribbons with Department of Commerce. woven selvedge, in any length, but with postpone making the preliminary SUMMARY: As a result of these sunset a width (measured at the narrowest span determination until no later than 130 reviews, the Department of Commerce of the ribbon) less than or equal to 12 days after the date on which the (‘‘the Department’’) finds that revocation centimeters, composed of, in whole or Department initiated the investigation. of the antidumping duty orders on in part, man-made fibers (whether On November 24, 2015, Petitioners 2 narrow woven ribbons with woven artificial or synthetic, including but not submitted a timely request pursuant to selvedge (‘‘NWRs’’) from the People’s limited to nylon, polyester, rayon, section 703(c)(1)(A) of the Act and 19 Republic of China (‘‘PRC’’) and Taiwan polypropylene, and polyethylene CFR 351.205(e) to postpone the would likely lead to continuation or teraphthalate), metal threads and/or preliminary determination.3 For the recurrence of dumping, at the levels metalized yarns, or any combination reasons stated above and because there indicated in the ‘‘Final Results of Sunset thereof. Imports of merchandise Reviews’’ section of this notice. are no compelling reasons to deny the included within the scope of these request, the Department, in accordance DATES: Effective Date: December 8, 2015. Orders are currently classifiable under with section 703(c)(1)(A) of the Act, is FOR FURTHER INFORMATION CONTACT: subheading 5806.32.1020, 5806.32.1030, postponing the deadline for the William Horn or Robert Galantucci, AD/ 5806.32.1050 and 5806.32.1060 of the preliminary determination to no later CVD Operations, Office IV, Enforcement Harmonized Tariff Schedule of the and Compliance, International Trade 4 than 130 days after the day on which United States (‘‘HTSUS’’). The Administration, U.S. Department of Decision Memorandum, which is hereby the investigation was initiated. Commerce, 14th Street and Constitution adopted by this notice, provides a full Accordingly, the Department will issue Avenue NW., Washington, DC 20230; description of the scope of the Orders.5 the preliminary determination no later telephone: (202) 482–2615 or (202) 482– The Decision Memorandum is a than February 27, 2016. However, 2923, respectively. public document and is on file because February 27, 2016, falls on a SUPPLEMENTARY INFORMATION: electronically via Enforcement and Saturday, the preliminary determination Compliance’s Antidumping and is now due no later than February 29, Background Countervailing Duty Centralized 2016.4 In accordance with section On September 17, 2010, the Electronic Service System (ACCESS). 705(a)(1) of the Act and 19 CFR Department published the antidumping ACCESS is available to registered users 351.210(b)(1), the deadline for the final duty orders on NWRs from the PRC and at http://access.trade.gov and in the determination of this investigation will Taiwan, as amended.1 On August 3, Central Records Unit, room B8024 of the continue to be 75 days after the date of 2015, the Department initiated sunset main Department of Commerce the preliminary determination, unless reviews of the antidumping duty orders building. In addition, a complete postponed at a later date. on NWRs from the PRC and Taiwan version of the Decision Memorandum pursuant to section 751(c) of the Tariff This notice is issued and published can be accessed at http:// Act of 1930, as amended (‘‘the Act’’).2 pursuant to section 703(c)(2) of the Act enforcement.trade.gov/frn/. The signed On August 14, 2015, the Department Decision Memorandum and the and 19 CFR 351.205(f)(1). received a timely notice of intent to electronic version of the Decision Dated: December 1, 2015. participate in the sunset reviews from Memorandum are identical in content. Berwick Offray LLC and its wholly- Paul Piquado, Analysis of Comments Received Assistant Secretary for Enforcement and owned subsidiary Lion Ribbon Compliance. Company, LLC (‘‘domestic interested All issues raised in these sunset reviews are addressed in the Decision [FR Doc. 2015–30890 Filed 12–7–15; 8:45 am] parties’’), pursuant to 19 CFR 351.218(d)(1)(i).3 On August 31, 2015, BILLING CODE 3510–DS–P domestic interested parties filed a 4 Subject merchandise also may enter under timely substantive response with the HTSUS subheadings 5806.31.00, 5806.32.20, 5806.39.20, 5806.39.30, 5808.90.00, 5810.91.00, 5810.99.90, 5903.90.10, 5903.90.25, 5907.00.60 and 1 See Notice of Antidumping Duty Orders: Narrow 5907.00.80 and under statistical categories 2 Bristol Metals LLC, Felker Brothers Corporation, Woven Ribbons With Woven Selvedge From Taiwan 5806.32.1080, 5810.92.9080, 5903.90.3090 and Marcegaglia USA, Inc., and Outokumpu Stainless and the People’s Republic of China: Antidumping 6307.90.9889. Pipe, Inc. (collectively, ‘‘Petitioners’’). Duty Orders, 75 FR 53632 (September 1, 2010), as 5 See the ‘‘Issues and Decision Memorandum for 3 See letter from Petitioners, ‘‘Welded Stainless amended in Narrow Woven Ribbons With Woven the Expedited Sunset Review of the Antidumping Selvedge From Taiwan and the People’s Republic Pressure Pipe from India: Request Extension for Duty Order on Narrow Woven Ribbons With Woven of China: Amended Antidumping Duty Orders, 75 Preliminary Determination,’’ dated November 24, Selvedge from the People’s Republic of China and FR 56982 (September 17, 2010) (‘‘Orders’’). Taiwan’’ from James Maeder, Senior Director, Office 2015. 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 I, Antidumping and Countervailing Duty 4 See Notice of Clarification: Application of ‘‘Next FR 45945 (August 3, 2015). Operations, to Christian Marsh, Deputy Assistant Business Day’’ Rule for Administrative 3 Berwick Offray LLC claimed interested party Secretary for Antidumping and Countervailing Duty Determination Deadlines Pursuant to the Tariff Act status as a manufacturer of the domestic like Operations, dated concurrently with, and hereby of 1930, As Amended, 70 FR 24533 (May 10, 2005). product, pursuant to section 771(9)(C) of the Act. adopted by, this notice (‘‘Decision Memorandum’’).

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Memorandum. The issues discussed in DEPARTMENT OF COMMERCE Methodology the Decision Memorandum include the The Department is conducting this International Trade Administration likelihood of continuation or recurrence review in accordance with section of dumping and the magnitude of the [A–580–809] 751(a)(2) of the Tariff Act of 1930, as margins likely to prevail if the Orders amended (the Act). Constructed export were to be revoked. Circular Welded Non-Alloy Steel Pipe price is calculated in accordance with From the Republic of Korea: section 772 of the Act. Normal value is Final Results of Sunset Reviews Preliminary Results of Antidumping calculated in accordance with section Pursuant to section 752(c)(3) of the Duty Administrative Review; 2013– 773 of the Act. Act, the Department determines that 2014 For a full description of the methodology underlying our revocation of the Orders would likely AGENCY: Enforcement and Compliance, conclusions, see the Preliminary lead to continuation or recurrence of International Trade Administration, Decision Memorandum. A list of topics dumping at weighted-average dumping Department of Commerce. margins up to 247.65 percent for the discussed in the Preliminary Decision SUMMARY: The Department of Commerce Memorandum is provided as Appendix PRC and up to 4.37 percent for Taiwan. (the Department) is conducting an I to this Notice. The Preliminary Notification Regarding Administrative administrative review of the Decision Memorandum is a public Protective Orders antidumping duty order on circular document and is on file electronically welded non-alloy steel pipe (CWP) from via Enforcement and Compliance’s 1 This notice also serves as the only the Republic of Korea (Korea). The Antidumping and Countervailing Duty reminder to parties subject to period of review (POR) is November 1, Centralized Electronic Service System administrative protective order (‘‘APO’’) 2013, through October 31, 2014. This (ACCESS). ACCESS is available to of their responsibility concerning the review covers three producers or registered users at http:// return or destruction of proprietary exporters of the subject merchandise: access.trade.gov, and is available to all information disclosed under APO in Husteel Co., Ltd. (Husteel), Hyundai parties in the Central Records Unit, accordance with 19 CFR 351.305. HYSCO (HYSCO), and SeAH Steel room B8024 of the main Department of Timely notification of the return or Corporation (SeAH). We preliminarily Commerce building. In addition, a find that Husteel and HYSCO have destruction of APO materials or complete version of the Preliminary made sales of the subject merchandise at conversion to judicial protective order is Decision Memorandum can be accessed prices below normal value. We also directly at http://trade.gov/enforcement. hereby requested. Failure to comply preliminarily find that SeAH did not with the regulations and terms of an The signed Preliminary Decision make sales of subject merchandise at Memorandum and the electronic APO is a violation which is subject to prices below normal value. Interested sanction. versions of the Preliminary Decision parties are invited to comment on these Memorandum are identical in content. We are issuing and publishing these preliminary results. results and notice in accordance with DATES: Effective date: December 8, 2015. Preliminary Results of the Review sections 751(c), 752(c), and 777(i)(1) of FOR FURTHER INFORMATION CONTACT: As a result of this review, we the Act and 19 CFR 351.218. Jennifer Meek, Lana Nigro, or Joseph preliminarily determine that the Dated: December 1, 2015._ Shuler, AD/CVD Operations, Office I, following weighted-average dumping margins exist for the respondents for the Christian Marsh, Enforcement and Compliance, International Trade Administration, period November 1, 2013, through Deputy Assistant Secretary for Antidumping October 31, 2014. and Countervailing Duty Operations. U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Appendix—List of Topics Discussed in Washington, DC 20230; telephone (202) Weighted- average the Issues and Decision Memorandum 482–2778, (202) 482–1779 or (202) 482– Producer or exporter dumping 1293, respectively. margin I. Summary (percent) II. Background Scope of the Order III. Scope of the Orders The merchandise subject to the order Husteel Co., Ltd ...... 1.42 IV. History of the Orders is circular welded non-alloy steel pipe SeAH Steel Corporation ...... 0.00 Hyundai HYSCO ...... 3.69 V. Legal Framework and tube. The product is currently VI. Discussion of the Issues classifiable under the following 1. Likelihood of Continuation or Harmonized Tariff Schedule of the Disclosure and Public Comment Recurrence of Dumping United States (HTSUS) numbers: The Department intends to disclose to 2. Magnitude of the Margins Likely to 7306.30.1000, 7306.30.5025, interested parties the calculations Prevail performed in connection with these VII. Final Results of Sunset Reviews 7306.30.5032, 7306.30.5040, preliminary results within five days of VIII. Recommendation 7306.30.5055, 7306.30.5085, and 7306.30.5090. Although the HTSUS the date of publication of this notice.3 [FR Doc. 2015–30898 Filed 12–7–15; 8:45 am] numbers are provided for convenience BILLING CODE 3510–DS–P and customs purposes, the written Assistant Secretary for Antidumping and product description remains Countervailing Duty Operations, to Ronald K. 2 Lorentzen, Acting Assistant Secretary for dispositive. Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Results of 1 See Initiation of Antidumping and Antidumping Duty Administrative Review: Circular Countervailing Duty Administrative Reviews and Welded Non-Alloy Steel Pipe from the Republic of Request for Revocation in Part, 78 FR 79392 Korea: 2013–2014’’ (Preliminary Decision (December 30, 2013). Memorandum), dated concurrently with these 2 For a full description of the scope of the order, results and hereby adopted by this notice. see the Memorandum from Christian Marsh, Deputy 3 See 19 CFR 351.224(b).

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Interested parties may submit case briefs review. Husteel, HYSCO, and SeAH review; (2) for merchandise exported by no later than 30 days after the date of reported the name of the importer of producers or exporters not covered in publication of the preliminary results.4 record and the entered value for all of this review but covered in a prior Rebuttal briefs, limited to the issues their sales to the United States during completed segment of the proceeding, raised in the case briefs, may be filed no the POR. If Husteel’s, HYSCO’s, and the cash deposit rate will continue to be later than five days after the submission SeAH’s weighted-average dumping the company-specific rate published for of case briefs.5 Parties who submit case margins are not zero or de minimis (i.e., the most recent period; (3) if the briefs or rebuttal briefs in this less than 0.50 percent) in the final exporter is not a firm covered in this proceeding are encouraged to submit results of this review, we will calculate review, a prior review, or the original with each argument: (1) A statement of importer-specific assessment rates on investigation but the producer has been the issue; (2) a brief summary of the the basis of the ratio of the total amount covered in a prior complete segment of argument; and (3) a table of authorities.6 of dumping calculated for each this proceeding, the cash deposit rate All case and rebuttal briefs must be filed importer’s examined sales and the total will be the rate established for the most electronically using ACCESS, and must entered value of those sales in recent period for the producer of the also be served on interested parties.7 An accordance with 19 CFR 351.212(b)(1). merchandise; (4) the cash deposit rate electronically filed document must be We will instruct CBP to assess for all other producers or exporters will received successfully in its entirety by antidumping duties on all appropriate continue to be 4.80 percent, the ‘‘all the Department’s electronic records entries covered by this review when the others’’ rate established in the order.10 system, ACCESS, by 5:00 p.m. Eastern importer-specific assessment rate These cash deposit requirements, when Time on the date that the document is calculated in the final results of this imposed, shall remain in effect until due. Executive summaries should be review is not zero or de minimis. Where further notice. limited to five pages total, including either the respondent’s weighted- Notification to Importers footnotes. average dumping margin is zero or de Interested parties who wish to request minimis,9 or an importer-specific This notice serves as a preliminary a hearing, must submit a written request assessment rate is zero or de minimis, reminder to importers of their to the Assistant Secretary for we will instruct CBP to liquidate the responsibility under 19 CFR Enforcement and Compliance, U.S. appropriate entries without regard to 351.402(f)(2) to file a certificate Department of Commerce, using antidumping duties. regarding the reimbursement of Enforcement and Compliance’s ACCESS The Department’s ‘‘automatic antidumping duties prior to liquidation system within 30 days of publication of assessment’’ practice will apply to of the relevant entries during this this notice.8 Hearing requests should entries of subject merchandise during review period. Failure to comply with contain the party’s name, address, and the POR produced by Husteel, HYSCO, this requirement could result in the telephone number, the number of and SeAH for which they did not know Secretary’s presumption that participants, and a list of the issues to their merchandise was destined for the reimbursement of antidumping duties be discussed. If a request for a hearing United States. In such instances, we will occurred and the subsequent assessment is made, we will inform parties of the instruct CBP to liquidate unreviewed of double antidumping duties. scheduled date for the hearing which entries at the all-others rate if there is no The Department is issuing and will be held at the U.S. Department of rate for the intermediate company(ies) publishing these results in accordance Commerce, 14th Street and Constitution involved in the transaction. For a full with sections 751(a)(1) and 777(i)(1) of Avenue NW., Washington, DC 20230, at discussion of this practice, see the Act. Antidumping and Countervailing Duty a time and location to be determined. Proceedings: Assessment of Dated: December 1, 2015. Parties should confirm by telephone the Antidumping Duties, 68 FR 23954 (May Christian Marsh, date, time, and location of the hearing. Deputy Assistant Secretary for Antidumping Unless the deadline is extended 6, 2003). For Husteel, HYSCO, and SeAH, we and Countervailing Duty Operations. pursuant to section 751(a)(2)(B)(iv) of intend to issue instructions to CBP 15 the Act and 19 CFR 351.213(h)(2), the Appendix I days after publication of the final results Department intends to issue the final of this review. List of Topics Discussed in the Preliminary results of this administrative review, Decision Memorandum including the results of our analysis of Cash Deposit Requirements I. Summary the issues raised by the parties in their The following cash deposit II. Background case and rebuttal briefs, within 120 days requirements for estimated antidumping III. Scope of Order after the publication of these duties will be effective upon publication IV. Discussion of The Methodology 1. Determination of Comparison Method preliminary results, pursuant to section of the notice of final results of 751(a)(3)(A) of the Act and 19 CFR 2. Results of the Differential Pricing administrative review for all shipments Analysis 351.213(h)(1). of CWP from Korea entered, or V. Date of Sale Assessment Rates withdrawn from warehouse, for VI. Product Comparisons consumption on or after the date of VII. Export Price and Constructed Export For Husteel, HYSCO, and SeAH, upon publication as provided by section Price issuance of the final results, the 751(a)(2) of the Act: (1) The cash deposit VIII. Normal Value Department shall determine, and U.S. rate for Husteel, HYSCO, and SeAH will A. Comparison Market Viability Customs and Border Protection (CBP) B. Affiliated Party Transactions and Arm’s be equal to the weighted-average Length Test shall assess, antidumping duties on all dumping margins established in the appropriate entries covered by this final results of this administrative 10 See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from 4 See 19 CFR 351.309(c)(1)(ii). 9 See Antidumping Proceedings: Calculation of Brazil, the Republic of Korea (Korea), Mexico, and 5 See 19 CFR 351.309(d)(1). the Weighted-Average Dumping Margin and Venezuela, and Amendment to Final Determination 6 See 19 CFR 351.309(c)(2) and (d)(2). Assessment Rate in Certain Antidumping Duty of Sales at Less Than Fair Value: Certain Circular 7 See 19 CFR 351.303(f). Proceedings; Final Modification, 77 FR 8101, 8102 Welded Non-Alloy Steel Pipe from Korea, 57 FR 8 See 19 CFR 351.310(c). (February 14, 2012). 49453 (November 2, 1992).

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C. Level of Trade (LOT)/CEP Offset producers on whose behalf the petitions its administrative review of the D. Cost of Production Analysis in these cases were filed (hereafter, the antidumping duty order on 1. Calculation of Cost of Production (COP) petitioners) made timely requests, silicomanganese from India for the 2. Test of Comparison Market Sales Prices pursuant to section 733(c)(1)(A) of the period of review (POR) May 1, 2014 3. Results of the COP Test E. Calculation of Normal Value Based on Tariff Act of 1930, as amended (the Act), through April 30, 2015. Comparison Market Prices and 19 CFR 351.205(e), for a 50-day DATES: Effective Date: December 8, 2015. F. Constructed Value postponement of the preliminary FOR FURTHER INFORMATION CONTACT: 2 IX. Currency Conversion determinations in the investigations. David Lindgren, Office VII, X. Recommendation The petitioners stated that a Antidumping and Countervailing Duty [FR Doc. 2015–30793 Filed 12–7–15; 8:45 am] postponement of the preliminary Operations, Enforcement and BILLING CODE 3510–DS–P determinations in all three HWR pipes Compliance, International Trade and tubes investigations is necessary to Administration, U.S. Department of provide the Department with sufficient Commerce, 14th Street and Constitution DEPARTMENT OF COMMERCE time to reach reasoned preliminary Avenue NW., Washington, DC 20230; determinations. telephone: (202) 482–3870. International Trade Administration Under section 733(c)(1)(A) of the Act, Background [A–580–880, A–201–847, A–489–824] if a petitioner makes a timely request for an extension of the period within which SUPPLEMENTARY INFORMATION: On May 1, Heavy Walled Rectangular Welded the preliminary determination must be 2015, the Department published a notice Carbon Steel Pipes and Tubes From made under subsection (b)(1), then the of opportunity to request an the Republic of Korea, Mexico, and the Department may postpone making the administrative review of the Republic of Turkey: Postponement of preliminary determination under antidumping duty order on Preliminary Determinations of subsection (b)(1) until not later than the silicomanganese from India for the Antidumping Duty Investigations 190th day after the date on which the POR.1 Petitioners,2 in accordance with administering authority initiated the section 751(a) of the Tariff Act of 1930, AGENCY: Enforcement and Compliance, investigation. Therefore, for the reasons as amended (the Act), and 19 CFR International Trade Administration, stated above, and because there are no Department of Commerce. 351.213(b), filed a request for an compelling reasons to deny the antidumping duty administrative review FOR FURTHER INFORMATION CONTACT: petitioners’ requests, the Department is of two companies: Nava Bharat Ventures Elizabeth Eastwood at (202) 482–3874 postponing the preliminary Limited (Nava) and Universal Ferro and (the Republic of Korea (Korea)), David determinations in these investigations Allied Chemicals, Ltd. (Universal).3 Crespo at (202) 482–3693 (Mexico), or until Februrary 16, 2016, which is 190 Subsequently, on July 1, 2015, the Rebecca Trainor at (202) 482–4007 (the days from the date on which the Department published a notice of Republic of Turkey (Turkey)); AD/CVD Department initiated these initiation of administrative review with Operations, Enforcement and investigations. respect to Nava and Universal.4 Nava The deadline for the final Compliance, International Trade filed a letter on July 8, 2015, with the determinations will continue to be 75 Administration, U.S. Department of Department stating that it had no days after the date of the preliminary Commerce, 14th Street and Constitution shipments during the POR.5 determinations, unless extended. Avenue NW., Washington DC 20230. Accordingly, the Department sent a no SUPPLEMENTARY INFORMATION: This notice is issued and published pursuant to section 733(c)(2) of the Act shipment inquiry to U.S. Customs and Postponement of Preliminary and 19 CFR 351.205(f)(1). Border Protection (CBP) on July 15, Determinations 2015, requesting a response within 10 Dated: December 2, 2015. days if there was any information On August 10, 2015, the Department Christian Marsh, indicating that Nava had shipments of Commerce (the Department) initiated Deputy Assistant Secretary for Antidumping during the POR. The Department did antidumping duty investigations of and Countervailing Duty Operations. not receive any notification from CBP imports of heavy walled rectangular [FR Doc. 2015–30897 Filed 12–7–15; 8:45 am] that Nava had shipments during the carbon steel pipes and tubes (HWR BILLING CODE 3510–DS–P POR. On August 25, 2015, Petitioners pipes and tubes) from Korea, Mexico, withdrew their request for an 1 and Turkey. The notice of initiation antidumping duty administrative review stated that we would issue our DEPARTMENT OF COMMERCE of Nava.6 preliminary determinations no later International Trade Administration than 140 days after the date of initiation. 1 See Antidumping or Countervailing Duty Order, Currently, the preliminary [A–533–823] Finding, or Suspended Investigation; Opportunity determinations in these investigations To Request Administrative Review, 80 FR 24898 are due on December 28, 2015. Silicomanganese from India: Partial (May 1, 2015). 2 Eramet Marietta, Inc. and Felman Production, On November 30, 2015, Atlas Tube, a Rescission of Antidumping Duty LLC. division of JMC Steel Group; Bull Moose Administrative Review; 2014–2015 3 See Letter from Petitioners, ‘‘Silicomanganese Tube Company; EXLTUBE; Hannibal from India: Request for Administrative Review of Industries, Inc.; Independence Tube AGENCY: Enforcement and Compliance, Antidumping Order,’’ dated June 1, 2015. Corporation; Maruichi American International Trade Administration, 4 See Initiation of Antidumping and Corporation; Searing Industries; Department of Commerce. Countervailing Duty Administrative Reviews, 80 FR ACTION: Notice. 37588 (July, 1, 2015). Southland Tube; and Vest, Inc., U.S. 5 See Letters from Nava, ‘‘Silicomanganese from SUMMARY: The Department of Commerce India; Nava Bharat no shipments letter,’’ dated July 1 See Heavy Walled Rectangular Welded Carbon 8, 2015 and July 9, 2015. Steel Pipes and Tubes from the Republic of Korea, (the Department) is partially rescinding 6 See Letter from Petitioners, ‘‘Silicomanganese Mexico, and the Republic of Turkey: Inititaion of from India: Withdrawal of Request for Less-Than-Fair Value Investigations, 80 FR 49202 2 See the petitioners’ letters to the Department Administrative Review of Antidumping Order,’’ (August 17, 2015). dated November 30, 2015. dated August 25, 2015.

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Partial Rescission of Review This notice is issued and published in membership list, and executive Pursuant to 19 CFR 351.213(d)(1), the accordance with section 751 of Act and summary, may be found at http:// www.nist.gov/baldrige/community/ Secretary will rescind an administrative 19 CFR 351.213(d)(4). overseers.cfm. review, in whole or in part, if the parties Dated: December 2, 2015. that requested the review withdraw the Christian Marsh, FOR FURTHER INFORMATION CONTACT: request within 90 days of the date of Deputy Assistant Secretary for Antidumping Robert Fangmeyer, Director, Baldrige publication of the notice of initiation of and Countervailing Duty Operations. Performance Excellence Program and the requested review. Petitioners’ [FR Doc. 2015–30895 Filed 12–7–15; 8:45 am] Designated Federal Officer, NIST, 100 August 25, 2015 withdrawal request was BILLING CODE 3510–DS–P Bureau Drive, Mail Stop 1020, submitted within the 90-day period and Gaithersburg, MD 20899–1020; thus is timely. Because Petitioners’ telephone 301–975–4781; fax 301–975– withdrawal of their requests for review DEPARTMENT OF COMMERCE 4967; or via email at robert.fangmeyer@ is timely and because no other party nist.gov. National Institute of Standards and requested a review of Nava, we are Committee Information rescinding this review with respect to Technology this company, in accordance with 19 The Board of Overseers of the CFR 351.213(d)(1). As the request for an Request for Nominations for Members Malcolm Baldrige National Quality administrative review for Nava was the To Serve on National Institute of Award (Board) was established in only request withdrawn, the instant Standards and Technology Federal accordance with 15 U.S.C. 3711a(d)(2)(B), pursuant to the Federal review will continue with respect to Advisory Committees Advisory Committee Act, as amended, 5 Universal. AGENCY: National Institute of Standards U.S.C. App. Assessment and Technology, Department of Commerce. Objectives and Duties The Department will instruct CBP to ACTION: Notice. 1. The Board shall review the work of assess antidumping duties on all the private sector contractor(s), which appropriate entries. For Nava, the SUMMARY: The National Institute of assists the Director of the National company for which this review is Standards and Technology (NIST) Institute of Standards and Technology rescinded, antidumping duties shall be invites and requests nomination of (NIST) in administering the Malcolm assessed at a rate equal to the cash individuals for appointment to eight Baldrige National Quality Award deposit of estimated antidumping duties existing Federal Advisory Committees: (Award). The Board will make such required at the time of entry, or Board of Overseers of the Malcolm suggestions for the improvement of the withdrawal from warehouse, for Baldrige National Quality Award, Award process as it deems necessary. consumption, in accordance with 19 Judges Panel of the Malcolm Baldrige 2. The Board shall make an annual CFR 351.212(c)(1)(i). The Department National Quality Award, Information report on the results of Award activities intends to issue assessment instructions Security and Privacy Advisory Board, to the Director of NIST, along with its to CBP 15 days after the date of Manufacturing Extension Partnership recommendations for the improvement publication of this notice. Advisory Board, National Construction of the Award process. Notification to Importers Safety Team Advisory Committee, 3. The Board will function solely as Advisory Committee on Earthquake an advisory committee under the This notice serves as the only Hazards Reduction, NIST Smart Grid Federal Advisory Committee Act, as reminder to importers of their Advisory Committee, and Visiting amended, 5 U.S.C. App. responsibility under 19 CFR Committee on Advanced Technology. 4. The Board will report to the 351.402(f)(2) to file a certificate NIST will consider nominations Director of NIST. regarding the reimbursement of received in response to this notice for Membership antidumping duties prior to liquidation appointment to the Committees, in of the relevant entries during this addition to nominations already 1. The Board will consist of review period. Failure to comply with received. Registered Federal lobbyists approximately twelve members selected this requirement may result in the may not serve on NIST Federal on a clear, standardized basis, in presumption that reimbursement of Advisory Committees. accordance with applicable Department antidumping duties occurred and the of Commerce guidance, and for their DATES: Nominations for all committees subsequent assessment of double will be accepted on an ongoing basis preeminence in the field of antidumping duties. and will be considered as and when organizational performance excellence. There will be a balanced representation Notification Regarding Administrative vacancies arise. from U.S. service, manufacturing, Protective Orders ADDRESSES: See below. nonprofit, education, and health care This notice also serves as a final SUPPLEMENTARY INFORMATION: industries. The Board will include reminder to parties subject to Board of Overseers of the Malcolm members familiar with the quality administrative protective order (APO) of Baldrige National Quality Award improvement operations and their responsibility concerning the competitiveness issues of manufacturing return or destruction of proprietary ADDRESSES: Please submit nominations companies, service companies, small information disclosed under APO in to Robert Fangmeyer, Director, Baldrige businesses, health care providers, and accordance with 19 CFR 351.305(a)(3). Performance Excellence Program, NIST, educational institutions. Members will Timely written notification of the 100 Bureau Drive, Mail Stop 1020, also be chosen who have broad return/destruction of APO materials or Gaithersburg, MD 20899–1020. experience in for-profit and nonprofit conversion to judicial protective order is Nominations may also be submitted via areas. hereby requested. Failure to comply fax to 301–975–4967. Additional 2. Board members will be appointed with the regulations and terms of an information regarding the Committee, by the Secretary of Commerce for three- APO is a sanctionable violation. including its charter, current year terms and will serve at the

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discretion of the Secretary. All terms 100 Bureau Drive Mail Stop 1020, educational institutions. Members will will commence on March 1 and end on Gaithersburg, MD 20899–1020. also be chosen who have broad February 28 of the appropriate years. Nominations may also be submitted via experience in for-profit and nonprofit fax to 301–975–4967. Additional areas. Miscellaneous information regarding the Committee, 2. Panel members will be appointed 1. Members of the Board shall serve including its charter, current by the Secretary of Commerce for three- without compensation, but may, upon membership list, and executive year terms and will serve at the request, be reimbursed travel expenses, summary, may be found at http:// discretion of the Secretary. All terms including per diem, as authorized by 5 patapsco.nist.gov/BoardofExam/ will commence on March 1 and end on U.S.C. 5701 et seq. Examiners_Judge2.cfm. February 28 of the appropriate year. 2. The Board will meet annually, FOR FURTHER INFORMATION CONTACT: Miscellaneous except that additional meetings may be Robert Fangmeyer, Director, Baldrige called as deemed necessary by the NIST Performance Excellence Program and 1. Members of the Panel shall serve Director or by the Chairperson. Meetings Designated Federal Officer, NIST, 100 without compensation, but may, upon are usually one day in duration. Bureau Drive, Mail Stop 1020, request, be reimbursed travel expenses, Historically, the Board has met twice Gaithersburg, MD 20899–1020; including per diem, as authorized by 5 per year. telephone 301–975–4781; fax 301–975– U.S.C. 5701 et seq. 3. Board meetings are open to the 4967; or via email at robert.fangmeyer@ 2. The Panel will meet three times per public. Board members do not have nist.gov. year. Additional meetings may be called access to classified or proprietary as deemed necessary by the NIST information in connection with their Committee Information Director or by the Chairperson. Meetings Board duties. The Judges Panel of the Malcolm are usually one to four days in duration. Nomination Information Baldrige National Quality Award (Panel) In addition, each Judge must attend an was established in accordance with 15 annual three-day Examiner training 1. Nominations are sought from the U.S.C. 3711a(d)(1) and the Federal course. private and public sector as described Advisory Committee Act, as amended, 5 3. When approved by the Department above. U.S.C. App. of Commerce Chief Financial Officer 2. Nominees should have established and Assistant Secretary for records of distinguished service and Objectives and Duties Administration, Panel meetings are shall be familiar with the quality 1. The Panel will ensure the integrity closed or partially closed to the public. improvement operations and of the Malcolm Baldrige National Nomination Information competitiveness issues of manufacturing Quality Award (Award) selection companies, service companies, small process. Based on a review of results of 1. Nominations are sought from all businesses, educational institutions, examiners’ scoring of written U.S. service and manufacturing health care providers, and nonprofit applications, Panel members will vote industries, education, health care, and organizations. The category (field of on which applicants merit site visits by nonprofits as described above. eminence) for which the candidate is examiners to verify the accuracy of 2. Nominees should have established qualified should be specified in the quality improvements claimed by records of distinguished service and nomination letter. Nominations for a applicants. The Panel will also review shall be familiar with the quality particular category should come from recommendations from site visits, and improvement operations and organizations or individuals within that recommend Award recipients. competitiveness issues of manufacturing category. A summary of the candidate’s 2. The Panel will ensure that companies, service companies, small qualifications should be included with individual judges will not participate in businesses, health care providers, the nomination, including (where the review of applicants as to which educational institutions, and nonprofit applicable) current or former service on they have any potential conflict of organizations. The category (field of Federal advisory boards and Federal interest. eminence) for which the candidate is employment. In addition, each 3. The Panel will function solely as an qualified should be specified in the nomination letter should state that the advisory body, and will comply with nomination letter. Nominations for a person agrees to the nomination, the provisions of the Federal Advisory particular category should come from acknowledges the responsibilities of Committee Act, as amended, 5 U.S.C. organizations or individuals within that serving on the Board, and will actively App. category. A summary of the candidate’s participate in good faith in the tasks of 4. The Panel will report to the qualifications should be included with the Board. Besides participation at Director of NIST. the nomination, including (where meetings, it is desired that members be applicable) current or former service on able to devote the equivalent of seven Membership federal advisory boards and federal days between meetings to either 1. The Panel will consist of employment. In addition, each developing or researching topics of approximately nine, and not more than nomination letter should state that the potential interest, and so forth, in twelve, members selected on a clear, person agrees to the nomination, furtherance of their Board duties. standardized basis, in accordance with acknowledges the responsibilities of 3. The Department of Commerce is applicable Department of Commerce serving on the Panel, and will actively committed to equal opportunity in the guidance. There will be a balanced participate in good faith in the tasks of workplace and seeks a broad-based and representation from U.S. service, the Panel. Besides participation at diverse Board membership. manufacturing, nonprofit, education, meetings, it is desired that members be and health care industries. The Panel Judges Panel of the Malcolm Baldrige either developing or researching topics will include members familiar with the National Quality Award of potential interest, reading Baldrige quality improvement operations and applications, and so forth, in ADDRESSES: Please submit nominations competitiveness issues of manufacturing furtherance of their Panel duties. to Robert Fangmeyer, Director, Baldrige companies, service companies, small 3. The Department of Commerce is Performance Excellence Program, NIST, businesses, health care providers, and committed to equal opportunity in the

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workplace and seeks a broad-based and ISPAB, and members serve at the and that they will actively participate in diverse Panel membership. discretion of the NIST Director. good faith in the tasks of the ISPAB. Members will be selected on a clear, 3. Besides participation at meetings, it Information Security and Privacy standardized basis, in accordance with is desired that members be able to Advisory Board (ISPAB) applicable Department of Commerce devote a minimum of two days between ADDRESSES: Please submit nominations guidance. meetings to developing draft issue to Annie Sokol, NIST, 100 Bureau Drive, 2. The ISPAB will consist of a total of papers, researching topics of potential Mail Stop 8930, Gaithersburg, MD twelve members and a Chairperson. interest, and so forth in furtherance of 20899–8930. Nominations may also be • The Board will include four their ISPAB duties. submitted via fax to 301–975–8670, members from outside the Federal 4. Selection of ISPAB members will Attn: ISPAB Nominations. Additional Government who are eminent in the not be limited to individuals who are information regarding the ISPAB, information technology industry, at nominated. Nominations that are including its charter and current least one of whom is representative of received and meet the requirements will membership list, may be found on its small or medium sized companies in be kept on file to be reviewed as ISPAB electronic home page at http:// such industries. vacancies occur. csrc.nist.gov/groups/SMA/ispab/ • The Board will include four 5. The Department of Commerce is index.html. members from outside the Federal committed to equal opportunity in the FOR FURTHER INFORMATION CONTACT: Government who are eminent in the workplace and seeks a broad-based and Annie Sokol, ISPAB Designated Federal fields of information technology, or diverse ISPAB membership. Officer (DFO), NIST, 100 Bureau Drive, related disciplines, but who are not Manufacturing Extension Partnership Mail Stop 8930, Gaithersburg, MD employed by or representative of a (MEP) Advisory Board 20899–8930; telephone 301–975–2006; producer of information technology. ADDRESSES: fax: 301–975–8670; or via email at • The Board will include four Please submit nominations [email protected]. members from the Federal Government to Ms. Kari Reidy, NIST, 100 Bureau Drive, Mail Stop 4800, Gaithersburg, Committee Information who have information system management experience, including MD 20899–4800. Nominations may also The ISPAB (Committee or Board) was experience in information security and be submitted via fax to 301–963–6556. originally chartered as the Computer privacy, at least one of whom shall be Additional information regarding MEP, System Security and Privacy Advisory from the National Security Agency. including its charter may be found on Board by the Department of Commerce its electronic home page at http:// pursuant to the Computer Security Act Miscellaneous www.nist.gov/mep/advisory-board.cfm. of 1987 (Pub. L. 100–235). The E- 1. Members of the Board, other than FOR FURTHER INFORMATION CONTACT: Ms. Government Act of 2002 (Pub. L. 107– full-time employees of the Federal Kari Reidy, NIST, 100 Bureau Drive, 347, title III), amended section 21 of the government, will not be compensated Mail Stop 4800, Gaithersburg, MD National Institute of Standards and for their services, but will, upon request, 20899–4800; telephone 301–975–4919, Technology Act (15 U.S.C. 278g–4), be allowed travel expenses pursuant to fax 301–963–6556; or via email at including changing the Committee’s 5 U.S.C. 5701 et seq., while otherwise [email protected]. name, and the charter was amended performing duties at the request of the Committee Information accordingly. Board Chairperson, while away from The MEP Advisory Board (Board) is Objectives and Duties their homes or a regular place of business. authorized under section 3003(d) of the 1. The Board will identify emerging America COMPETES Act (Pub. L. 110– 2. Meetings of the ISPAB are usually managerial, technical, administrative, 69); codified at 15 U.S.C. 278k(e), as two to three days in duration and are and physical safeguard issues relative to amended, in accordance with the usually held quarterly. ISPAB meetings information security and privacy. provisions of the Federal Advisory are open to the public, including the 2. The Board will advise the NIST and Committee Act, as amended, 5 U.S.C. press. Members do not have access to the Director of the Office of App. Management and Budget (OMB) on classified or proprietary information in information security and privacy issues connection with their ISPAB duties. Objectives and Duties pertaining to Federal Government Nomination Information 1. The Board will provide advice on information systems, including MEP programs, plans, and policies. 1. Nominations are being accepted in thorough review of proposed standards 2. The Board will assess the all three categories described above. and guidelines developed by NIST. soundness of MEP plans and strategies. 3. The Board shall report to the 2. Nominees should have specific 3. The Board will assess current Director of NIST. experience related to information performance against MEP program 4. The Board reports annually to the security or privacy issues, particularly plans. Secretary of Commerce, the Director of as they pertain to Federal information 4. The Board will function solely in OMB, the Director of the National technology. Letters of nomination an advisory capacity, and in accordance Security Agency, and the appropriate should include the category of with the provisions of the Federal committees of the Congress. membership for which the candidate is Advisory Committee Act, as amended, 5 5. The Board will function solely as applying and a summary of the U.S.C. App. an advisory body, in accordance with candidate’s qualifications for that 5. The Board shall transmit through the provisions of the Federal Advisory specific category. Also include (where the Director of NIST an annual report to Committee Act, as amended, 5 U.S.C. applicable) current or former service on the Secretary of the Department of App. Federal advisory boards and any Federal Commerce for transmittal to Congress employment. Each nomination letter within 30 days after the submission to Membership should state that the person agrees to Congress of the President’s annual 1. The Director of NIST will appoint the nomination, acknowledges the budget request each year. The report the chairperson and the members of the responsibilities of serving on the ISPAB, shall address the status of the MEP

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program and comment on the relevant 3. Selection of MEP Advisory Board Membership sections of the programmatic planning members will not be limited to 1. The Committee shall consist of not document and updates thereto individuals who are nominated. fewer than five nor more than ten transmitted to Congress by the Director Nominations that are received and meet members. Members shall reflect the under 15 U.S.C. 278i(c) and (d). the requirements will be kept on file to wide diversity of technical disciplines be reviewed as Board vacancies occur. Membership and competencies involved in the 4. The Department of Commerce is National Construction Safety Teams 1. The Board shall consist of 10 committed to equal opportunity in the investigations. Members shall be members, broadly representative of workplace and seeks a broad-based and selected on the basis of established stakeholders, appointed by the Director diverse MEP Advisory Board records of distinguished service in their of NIST. At least 2 members shall be membership. professional community and their employed by or on an advisory board for National Construction Safety Team knowledge of issues affecting the the MEP Centers, and at least 5 other (NCST) Advisory Committee National Construction Safety Teams. members shall be from United States 2. The Director of the NIST shall small businesses in the manufacturing ADDRESSES: Please submit nominations appoint the members of the Committee, sector. No member shall be an employee to Benjamin Davis, NIST, 100 Bureau and they will be selected on a clear, of the Federal Government. Drive, Mail Stop 8615, Gaithersburg, standardized basis, in accordance with 2. The Director of NIST shall appoint MD 20899–8604. Additional applicable Department of Commerce the members of the Board. Members information regarding the NCST, guidance. shall be selected on a clear, including its charter may be found on standardized basis, in accordance with its electronic home page at http:// Miscellaneous applicable Department of Commerce www.nist.gov/el/disasterstudies/ncst. 1. Members of the Committee shall guidance. Board members serve at the FOR FURTHER INFORMATION CONTACT: not be compensated for their services discretion of the Director of NIST. Benjamin Davis, NIST, 100 Bureau but may, upon request, be allowed 3. The term of office of each member Drive, Mail Stop 8615, Gaithersburg, travel and per diem expenses in of the Board shall be three years, except MD 20899–8604, telephone 301–975– accordance with 5 U.S.C. 5703. that vacancy appointments shall be for 6071; or via email at benjamin.davis@ 2. Members of the Committee shall the remainder of the unexpired term of nist.gov. serve as Special Government Employees the vacancy. Any person who has (SGEs), will be subject to the ethics completed two consecutive full terms of Committee Information standards applicable to SGEs, and are service on the Board shall thereafter be The NCST Advisory Committee required to file an annual Executive ineligible for appointment during the (Committee) was established in Branch Confidential Financial one-year period following the expiration accordance with the National Disclosure Report. of the second term. Construction Safety Team Act, Pub. L. 3. The Committee shall meet face-to- 107–231 and the Federal Advisory face at least once per year. Additional Miscellaneous Committee Act, as amended, 5 U.S.C. meetings may be called whenever 1. Members of the Board will not be App. requested by the NIST Director or the compensated for their services but will, Chair; such meetings may be in the form upon request, be allowed travel and per Objectives and Duties of telephone conference calls and/or diem expenses as authorized by 5 U.S.C. 1. The Committee shall advise the videoconferences. 5701 et seq., while attending meetings Director of the NIST on carrying out the Nomination Information of the Board or subcommittees thereof, National Construction Safety Team Act or while otherwise performing duties at (Act), review and provide advice on the 1. Nominations are sought from the request of the Chair, while away procedures developed under section industry and other communities having from their homes or regular places of 2(c)(1) of the Act, and review and an interest in the National Construction business. provide advice on the reports issued Safety Teams investigations. 2. The Board will meet at least three under section 8 of the Act. 2. Nominees should have established times a year. Additional meetings may 2. The Committee functions solely as records of distinguished service. The be called by the Director of NIST or the an advisory body, in accordance with field of expertise that the candidate Designated Federal Officer (DFO) or his the provisions of the Federal Advisory represents should be specified in the or her designee. Committee Act. nomination letter. Nominations for a 3. Committee meetings are open to the 3. The Committee shall report to the particular field should come from public. Director of NIST. organizations or individuals within that 4. On January 1 of each year, the field. A summary of the candidate’s Nomination Information Committee shall transmit to the qualifications should be included with 1. Nominations are being accepted in Committee on Science, Space, and the nomination, including (where all categories described above. Technology of the House of applicable) current or former service on 2. Nominees should have specific Representatives and to the Committee federal advisory boards and federal experience related to manufacturing and on Commerce, Science, and employment. In addition, each industrial extension services. Letters of Transportation of the Senate a report nomination letter should state that the nomination should include the category that includes: (1) An evaluation of nominee agrees to the nomination, of membership for which the candidate National Construction Safety Team acknowledges the responsibilities of is applying and a summary of the (Team) activities, along with serving on the Committee, and will candidate’s qualifications for that recommendations to improve the actively participate in good faith in the specific category. Each nomination operation and effectiveness of Teams, tasks of the Committee. letter should state that the person agrees and (2) an assessment of the 3. The Department of Commerce is to the nomination and acknowledges the implementation of the committed to equal opportunity in the responsibilities of serving on the MEP recommendations of Teams and of the workplace and seeks a broad-based and Advisory Board. Committee. diverse Committee membership.

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Advisory Committee on Earthquake Membership state and local government, and Hazards Reduction (ACEHR) 1. The Committee shall consist of not financial communities, who are fewer than 11, nor more than 17 qualified to provide advice on ADDRESSES: Please submit nominations earthquake hazards reduction and to Tina Faecke, Management and members. Members shall reflect the wide diversity of technical disciplines, represent all related scientific, Program Analyst, National Earthquake architectural, and engineering competencies, and communities Hazards Reduction Program, NIST, 100 disciplines. involved in earthquake hazards Bureau Drive, Mail Stop 8604, 2. Any person who has completed two Gaithersburg, MD 20899–8604. reduction. Members shall be selected on consecutive full terms of service on the Nominations may also be submitted via the basis of established records of Committee shall be ineligible for fax to 301–975–4032 or email at distinguished service in their appointment for a third term during the [email protected]. Additional professional community and their two year period following the expiration information regarding the ACEHR, knowledge of issues affecting the of the second term. including its charter and executive National Earthquake Hazards Reduction 3. Nominees should have established summary may be found on its electronic Program. records of distinguished service. The home page at http://www.nehrp.gov. 2. The Director of NIST shall appoint field of expertise that the candidate the members of the Committee. represents should be specified in the FOR FURTHER INFORMATION CONTACT: Jack Members shall be selected on a clear, nomination letter. Nominations for a Hayes, Director, National Earthquake standardized basis, in accordance with particular field should come from Hazards Reduction Program, NIST, 100 applicable Department of Commerce organizations or individuals within that Bureau Drive, Mail Stop 8604, guidance. field. A summary of the candidate’s Gaithersburg, MD 20899–8604, 3. The term of office of each member qualifications should be included with telephone 301–975–5640, fax 301–975– of the Committee shall be three years, the nomination, including (where 4032; or via email at jack.hayes@ except that vacancy appointments shall applicable) current or former service on nist.gov. be for the remainder of the unexpired federal advisory boards and federal Committee Information term of the vacancy and that members employment. In addition, each shall have staggered terms such that the nomination letter should state that the The Advisory Committee on Committee will have approximately nominee agrees to the nomination, Earthquake Hazards Reduction one-third new or reappointed members acknowledges the responsibilities of (Committee) was established in each year. serving on the Committee, and will accordance with the National Miscellaneous actively participate in good faith in the Earthquake Hazards Reduction Program tasks of the Committee. Reauthorization Act of 2004, Pub. L. 1. Members of the Committee shall 4. The Department of Commerce is 108–360 and the Federal Advisory not be compensated for their services, committed to equal opportunity in the Committee Act, as amended, 5 U.S.C. but may, upon request, be allowed workplace and seeks a broad based and App. travel and per diem expenses in diverse Committee membership. accordance with 5 U.S.C. 5701 et seq., Objectives and Duties while attending meetings of the NIST Smart Grid Advisory Committee 1. The Committee will act in the Committee or subcommittees thereof, or Please submit nominations to Mr. public interest to assess trends and while otherwise performing duties at Cuong Nguyen, Smart Grid and Cyber- developments in the science and the request of the Chair, while away Physical Systems Program Office, NIST, engineering of earthquake hazards from their homes or regular places of 100 Bureau Drive, Mail Stop 8200, reduction, effectiveness of the National business. Gaithersburg, MD 20899–8200. Earthquake Hazards Reduction Program 2. Members of the Committee shall Nominations may also be submitted via (Program) in carrying out the activities serve as Special Government Employees email to [email protected]. under section (a)(2) of the Earthquake (SGEs) and will be subject to the ethics Information about the NIST Smart Grid Hazards Reduction Act of 1977, as standards applicable to SGEs, and are Advisory Committee may be found at amended, (42 U.S.C. 7704(a)(2)), the required to file an annual Executive http://www.nist.gov/smartgrid/ need to revise the Program, the Branch Confidential Financial committee.cfm. management, coordination, Disclosure Report. FOR FURTHER INFORMATION CONTACT: Mr. implementation, and activities of the 3. The Committee members shall meet Cuong Nguyen, Smart Grid and Cyber- Program. face-to-face at least once per year. Physical Systems Program Office, NIST, Additional meetings may be called 2. The Committee will function solely 100 Bureau Drive, Mail Stop 8200, whenever requested by the NIST as an advisory body, in accordance with Gaithersburg, MD 20899–8200; Director or the Chair; such meetings the provisions of the Federal Advisory telephone 301–975–2254, fax 301–948– may be in the form of telephone Committee Act. 5668; or via email at conference calls and/or [email protected]. 3. The Committee shall report to the videoconferences. Director of NIST. 4. Committee meetings are open to the Committee Information 4. The Committee shall report to the public. The NIST Smart Grid Advisory Director of NIST at least once every two Nomination Information Committee (Committee) was established years on its findings of the assessments in accordance with the Federal and its recommendations for ways to 1. Members will be drawn from Advisory Committee Act, as amended, 5 improve the Program. In developing industry and other communities having U.S.C. App and with the concurrence of recommendations, the Committee shall an interest in the National Earthquake the General Services Administration. consider the recommendations of the Hazards Reduction Program, such as, United States Geological Survey (USGS) but not limited to, research and Objectives and Duties Scientific Earthquake Studies Advisory academic institutions, industry 1. The Committee shall advise the Committee (SESAC). standards development organizations, Director of the National Institute of

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Standards and Technology (NIST) in Nomination Information Committee Act, as amended, 5 U.S.C. carrying out duties authorized by 1. Nominations are sought from all App. 3. The Committee shall report to the section 1305 of the Energy fields involved in issues affecting the Independence and Security Act of 2007 Director of NIST. Smart Grid. 4. The Committee shall provide an (Pub. L. 110–140). 2. Nominees should have established 2. The Committee duties are solely annual report, through the Director of records of distinguished service. The NIST, to the Secretary of Commerce for advisory in nature in accordance with field of expertise that the candidate the provisions of the Federal Advisory submission to the Congress not later represents should be specified in the than 30 days after the submittal to Committee Act, as amended, 5 U.S.C. nomination letter. Nominations for a App. Congress of the President’s annual particular field should come from budget request in each year. Such report 3. The Committee shall report to the organizations or individuals within that Director of NIST. shall deal essentially, though not field. A summary of the candidate’s necessarily exclusively, with policy 4. The Committee shall provide input qualifications should be included with to NIST on the Smart Grid Standards, issues or matters which affect NIST, or the nomination, including (where with which the Committee in its official Priorities, and Gaps, on the overall applicable) current or former service on direction, status and health of the Smart role as the private sector policy adviser federal advisory boards and federal of NIST is concerned. Each such report Grid implementation by the Smart Grid employment. In addition, each industry including identification of shall identify areas of research and nomination letter should state that the research techniques of NIST of potential issues and needs, on Smart Grid person agrees to the nomination, Interoperability Panel activities and on importance to the long-term acknowledges the responsibilities of competitiveness of United States the direction of research and standards serving on the Committee, and will activities. industry, in which NIST possesses actively participate in good faith in the special competence, which could be 5. Upon request of the Director of tasks of the Committee. The Department NIST, the Committee will prepare used to assist United States enterprises of Commerce is committed to equal and United States industrial joint reports on issues affecting Smart Grid opportunity in the workplace and seeks activities. research and development ventures. a broad-based and diverse Committee Such report also shall comment on the Membership membership. programmatic planning document and 1. The Committee shall consist of no Visiting Committee on Advanced updates thereto submitted to Congress less than 9 and no more than 15 Technology (VCAT) by the Director under subsections (c) and (d) of section 278i of the NIST Act. members. Members shall be selected on Addresses: Please submit nominations the basis of established records of The Committee shall submit to the to Karen Lellock, Executive Director, Secretary and the Congress such distinguished service in their VCAT, NIST, 100 Bureau Drive, Mail professional community and their additional reports on specific policy Stop 1060, Gaithersburg, MD 20899– matters as it deems appropriate. knowledge of issues affecting Smart 1060. Nominations may also be Grid deployment and operations. submitted via fax to 301–216–0529 or Membership Members shall reflect the wide diversity via email at [email protected]. 1. The Committee shall consist of of technical disciplines and Additional information regarding the fifteen members appointed by the competencies involved in the Smart VCAT, including its charter, current Director of NIST, at least ten of whom Grid deployment and operations and membership list, and past reports may shall be from United States industry. will come from a cross section of be found on its electronic homepage at Members shall be selected solely on the organizations. http://www.nist.gov/director/vcat/. basis of established records of 2. The Director of NIST shall appoint For Further Information Contact: distinguished service; shall provide the members of the Committee, and they Karen Lellock, Executive Director, representation of a cross-section of will be selected on a clear, standardized VCAT, NIST, 100 Bureau Drive, Mail traditional and emerging United States basis, in accordance with applicable Stop 1060, Gaithersburg, MD 20899– industries; and shall be eminent in Department of Commerce guidance. 1060, telephone 301–975–4269, fax fields such as business, research, new Miscellaneous 301–216–0529; or via email at product development, engineering, [email protected]. labor, education, management 1. Members of the Committee shall Committee Information consulting, environment, and not be compensated for their service, international relations. No employee of but will, upon request, be allowed travel The VCAT (Committee) was the Federal Government shall serve as a and per diem expenses, in accordance established in accordance with 15 member of the Committee. with 5 U.S.C. 5701 et seq., while U.S.C. 278 and the Federal Advisory 2. The Director of NIST shall appoint attending meetings of the Committee or Committee Act, as amended, 5 U.S.C. the members of the Committee. subcommittees thereof, or while App. Members shall be selected on a clear, otherwise performing duties at the Objectives and Duties standardized basis, in accordance with request of the Chair, while away from applicable Department of Commerce their homes or regular places of 1. The Committee shall review and guidance. business. make recommendations regarding 3. The term of office of each member 2. The Committee shall meet general policy for NIST, its organization, of the Committee shall be three years, approximately two times per year at the its budget, and its programs, within the except that vacancy appointments shall call of the Designated Federal Officer framework of applicable national be for the remainder of the unexpired (DFO). Additional meetings may be policies as set forth by the President and term of the vacancy. called by the DFO whenever one-third the Congress. or more of the members so request it in 2. The Committee will function solely Miscellaneous writing or whenever the Director of as an advisory body, in accordance with 1. Members of the Committee will not NIST requests a meeting. the provisions of the Federal Advisory be compensated for their services, but

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will, upon request, be allowed travel DEPARTMENT OF COMMERCE and pinniped specimens to study expenses in accordance with 5 U.S.C. reproductive physiology, including 5701 et seq., while attending meetings National Oceanic and Atmospheric endocrinology, gamete biology, and of the Committee or of its Administration cryophysiology. The permit holder is subcommittees, or while otherwise RIN 0648–XB160 requesting the permit be amended to performing duties at the request of the include unlimited samples from up to chairperson, while away from their Marine Mammals; File No. 16193 300 wild Amazon River dolphins (Inia homes or a regular place of business. geoffrensis) annually under the permit. AGENCY: National Marine Fisheries In compliance with the National 2. Members of the Committee shall Service (NMFS), National Oceanic and Environmental Policy Act of 1969 (42 serve as Special Government Employees Atmospheric Administration (NOAA), U.S.C. 4321 et seq.), an initial (SGEs) and will be subject to the ethics Commerce. determination has been made that the standards applicable to SGEs. As SGEs, ACTION: Notice; receipt of application for activity proposed is categorically the members are required to file an permit amendment. excluded from the requirement to annual Executive Branch Confidential prepare an environmental assessment or Financial Disclosure Report. SUMMARY: Notice is hereby given that environmental impact statement. Todd Robeck, D.V.M, Ph.D., Sea World 3. Meetings of the VCAT usually take Concurrent with the publication of Parks and Entertainment Corp, 500 Sea this notice in the Federal Register, place at the NIST headquarters in World Drive, San Diego, CA 92109, has Gaithersburg, Maryland. Meetings are NMFS is forwarding copies of the applied for an amendment to Scientific application to the Marine Mammal usually two days in duration and are Research Permit No. 16193. held at least twice each year. Commission and its Committee of DATES: Written, telefaxed, or email Scientific Advisors. 4. Generally, Committee meetings are comments must be received on or before Dated: December 2, 2015. open to the public. January 7, 2016. Julia Harrison, Nomination Information ADDRESSES: These documents are also available upon written request or by Chief, Permits and Conservation Division, Office of Protected Resources, National 1. Nominations are sought from all appointment in the Permits and Marine Fisheries Service. Conservation Division, Office of fields described above. [FR Doc. 2015–30840 Filed 12–7–15; 8:45 am] 2. Nominees should have established Protected Resources, NMFS, 1315 East- West Highway, Room 13705, Silver BILLING CODE 3510–22–P records of distinguished service and Spring, MD 20910; phone (301) 427– shall be eminent in fields such as 8401; fax (301) 713–0376. DEPARTMENT OF COMMERCE business, research, new product Written comments on this application development, engineering, labor, should be submitted to the Chief, National Oceanic and Atmospheric education, management consulting, Permits and Conservation Division, at Administration environment and international relations. the address listed above. Comments may The category (field of eminence) for also be submitted by facsimile to (301) RIN 0648–XA165 which the candidate is qualified should 713–0376, or by email to Marine Mammals; File No. 15510 be specified in the nomination letter. [email protected]. Please Nominations for a particular category include the File No. 16193 in the subject AGENCY: National Marine Fisheries should come from organizations or line of the email comment. Service (NMFS), National Oceanic and individuals within that category. A Those individuals requesting a public Atmospheric Administration (NOAA), summary of the candidate’s hearing should submit a written request Commerce. qualifications should be included with to the Chief, Permits and Conservation ACTION: Notice; receipt of application for the nomination, including (where Division at the address listed above. The permit amendment. applicable) current or former service on request should set forth the specific federal advisory boards and federal reasons why a hearing on this SUMMARY: Notice is hereby given that employment. In addition, each application would be appropriate. Jennifer Burns, Ph.D., University of nomination letter should state that the FOR FURTHER INFORMATION CONTACT: Alaska Anchorage, Biology Department, candidate agrees to the nomination, Jennifer Skidmore or Amy Sloan, (301) 3101 Science Circle, Anchorage, AK, acknowledges the responsibilities of 427–8401. has applied for an amendment to serving on the VCAT, and will actively SUPPLEMENTARY INFORMATION: The Scientific Research Permit No. 15510. participate in good faith in the tasks of subject amendment to Permit No. 16193 DATES: Written, telefaxed, or email the VCAT. is requested under the authority of the comments must be received on or before January 7, 2016. 3. The Department of Commerce is Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et ADDRESSES: The application and related committed to equal opportunity in the seq.), the regulations governing the documents are available for review by workplace and seeks a broad-based and taking and importing of marine selecting ‘‘Records Open for Public diverse VCAT membership. mammals (50 CFR part 216), the Comment’’ from the ‘‘Features’’ box on Richard Cavanagh, Endangered Species Act of 1973, as the Applications and Permits for Acting Associate Director for Laboratory amended (ESA; 16 U.S.C. 1531 et seq.), Protected Species home page, https:// Programs. and the regulations governing the apps.nmfs.noaa.gov, and then selecting [FR Doc. 2015–30886 Filed 12–7–15; 8:45 am] taking, importing, and exporting of File No. 15510 from the list of available endangered and threatened species (50 applications. BILLING CODE 3510–13–P CFR 222–226). These documents are also available Permit No. 16193, issued on August upon written request or by appointment 28, 2012, authorizes the permit holder in the Permits and Conservation to receive, import, and export cetacean Division, Office of Protected Resources,

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NMFS, 1315 East-West Highway, Room requesting the permit be amended to Burden Hours: 2,538. 13705, Silver Spring, MD 20910; phone increase the number of harbor seals Needs and Uses: This request is for an (301) 427–8401; fax (301) 713–0376. from which samples may be collected, extension of a currently approved Written comments on this application received, imported, and exported from collection associated with the Atlantic should be submitted to the Chief, 50 to 100 annually; and, to extend the surfclam and ocean quahog fisheries. Permits and Conservation Division, at permit for 1 year. The permit would National Marine Fisheries Service the address listed above. Comments may expire April 30, 2017. (NMFS) Greater Atlantic Region also be submitted by facsimile to (301) In compliance with the National manages these fisheries in the Exclusive 713–0376, or by email to Environmental Policy Act of 1969 (42 Economic Zone (EEZ) of the [email protected]. Please U.S.C. 4321 et seq.), an initial Northeastern United States through the include the File No. in the subject line determination has been made that the Atlantic Surfclam and Ocean Quahog of the email comment. activity proposed is categorically Fishery Management Plan (FMP). The Those individuals requesting a public excluded from the requirement to Mid-Atlantic Fishery Management hearing should submit a written request prepare an environmental assessment or Council prepared the FMP pursuant to to the Chief, Permits and Conservation environmental impact statement. the Magnuson-Stevens Fishery Division at the address listed above. The Concurrent with the publication of Conservation and Management Act request should set forth the specific this notice in the Federal Register, (Magnuson-Stevens Act). reasons why a hearing on this NMFS is forwarding copies of this The recordkeeping and reporting application would be appropriate. application to the Marine Mammal requirements at §§ 648.74, 648.75, and Commission and its Committee of 648.76 form the basis for this collection FOR FURTHER INFORMATION CONTACT: Rosa L. Gonza´lez or Amy Sloan, (301) 427– Scientific Advisors. of information. We request information 8401. Dated: December 2, 2015. from surfclam and ocean quahog Julia Harrison, individual transferable quota (ITQ) SUPPLEMENTARY INFORMATION: The permit holders to issue ITQ permits and subject amendment to Permit No. 15510 Chief, Permits and Conservation Division, Office of Protected Resources, National to process and track requests from is requested under the authority of the permit holders to transfer quota share or Marine Mammal Protection Act of 1972, Marine Fisheries Service. [FR Doc. 2015–30842 Filed 12–7–15; 8:45 am] cage tags. We also request information as amended (16 U.S.C. 1361 et seq.), the from surfclam and ocean quahog ITQ BILLING CODE 3510–22–P regulations governing the taking and permit holders to track and properly importing of marine mammals (50 CFR account for surfclam and ocean quahog part 216), the Endangered Species Act of DEPARTMENT OF COMMERCE harvest shucked at sea. Because there is 1973, as amended (16 U.S.C. 1531 et not a standard conversion factor for seq.), and the regulations governing the National Oceanic and Atmospheric estimating unshucked product from taking, importing, and exporting of Administration shucked product, NMFS requires endangered and threatened species (50 vessels that shuck product at sea to CFR 222–226), and the Fur Seal Act of Submission for OMB Review; carry on board the vessel a NMFS- 1966, as amended (16 U.S.C. 1151 et Comment Request approved observer to certify the amount seq.). of these clams harvested. This Permit No. 15510, issued on April 25, The Department of Commerce will submit to the Office of Management and information, upon receipt, results in an 2011 (76 FR 25308), authorizes Dr. efficient and accurate database for Burns to conduct physiology studies on Budget (OMB) for clearance the following proposal for collection of management and monitoring of fisheries development, thermoregulation, muscle of the Northeastern U.S. EEZ. performance, oxygen stores, and information under the provisions of the Paperwork Reduction Act (44 U.S.C. Georges Bank has been closed to the hormonal and other regulatory harvest of surfclams and ocean quahogs processes using marine mammal parts. chapter 35). Agency: National Oceanic and since 1990 due to red tide blooms that Annually, Dr. Burns can obtain samples cause paralytic shellfish poisoning from up to 50 animals of each of the Atmospheric Administration (NOAA). Title: Greater Atlantic Region (PSP). In 2013, a portion of Georges following species: harp (Pagophilus Surfclam and Ocean Quahog ITQ Bank was reopened with certain groenlandica), hooded (Cystophora Administration. restrictions. We request information cristata), gray (Halichoerus grypus), OMB Control Number: 0648–0240. from surfclam and ocean quahog ITQ bearded (Erignathus barbatus), ringed Form Number(s): None. permit holders who fish in the reopened (Phoca hispida), harbor (Phoca Type of Request: Regular (extension of portion of the Georges Bank Closed Area vitulina), spotted (Phoca largha), and a currently approved information to ensure compliance with the Protocol ribbon (Histriophoca fasciata) seals; and collection). for Onboard Screening and Dockside to obtain samples annually from up to Number of Respondents: 189. Testing in Molluscan Shellfish. The U.S. 6 captive Northern fur seals, Callorhinus Average Hours per Response: ITQ Food and Drug Administration, the ursinus; and 6 captive Steller Sea lions, permit application form, review of a commercial fishing industry, and NMFS Eumetopias jubatus. Samples may be pre-filled ITQ ownership form for developed the PSP protocol to test and from subsistence-harvested animals in renewing entities, ITQ transfer form, 5 verify that clams harvested from Alaska, and other scientific and/or minutes each; 1 hour to complete the Georges Bank continue to be safe for subsistence collections including but ITQ ownership form for new applicants; human consumption. The National not limited to the national waters of and 30 minutes for the application to Shellfish Sanitation Program adopted Canada, Norway, the United Kingdom, shuck surfclams and ocean quahogs at the PSP protocol at the October 2011 and in international waters. Samples sea. The requirements under the PSP Interstate Shellfish Sanitation may be collected, received nationally, protocol are based on the number of Conference. and imported and exported worldwide vessels that land surfclams or ocean Affected Public: Business or other for- over a five-year period for laboratory quahogs and the number of trips taken profit organizations. analysis to support the research into the area, with a total estimated Frequency: Annually and on occasion. objectives. The permit holder is annual burden of 2,400 hours. Respondent’s Obligation: Mandatory.

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This information collection request (Ommatophoca rossii), Weddell DATES: Written, telefaxed, or email may be viewed at reginfo.gov. Follow (Leptonychotes weddellii), and Antarctic comments must be received on or before the instructions to view Department of fur (Arctocephalus gazella) seals January 7, 2016. Commerce collections currently under throughout their range for scientific ADDRESSES: The application and related review by OMB. research. Researchers may capture up to documents are available for review by Written comments and 40 animals per species per year to selecting ‘‘Records Open for Public recommendations for the proposed collect tissue samples, morphometrics, Comment’’ from the Features box on the information collection should be sent and metabolic and physiological Applications and Permits for Protected within 30 days of publication of this measurements, apply identifying marks, _ Species home page, https:// notice to OIRA Submission@ and attach instruments; as well as an apps.nmfs.noaa.gov, and then selecting omb.eop.gov or fax to (202) 395–5806. additional 50 pups of each species for File No. 17157 from the list of available Dated: December 3, 2015. marking, morphometrics, and minimal applications. Sarah Brabson, sample collection. An additional 100 These documents are also available NOAA PRA Clearance Officer. each of crabeater, leopard, and Ross upon written request or by appointment seals, 500 southern elephant seals, and [FR Doc. 2015–30872 Filed 12–7–15; 8:45 am] in the Permits and Conservation 1000 each of Weddell seals and BILLING CODE 3510–22–P Division, Office of Protected Resources, Antarctic fur seals may be taken NMFS, 1315 East-West Highway, Room annually via Level B harassment by 13705, Silver Spring, MD 20910; phone DEPARTMENT OF COMMERCE incidental disturbance during captures, (301) 427–8401; fax (301) 713–0376. opportunistic sample collection, and Written comments on this application resights. The permit also authorizes National Oceanic and Atmospheric should be submitted to the Chief, unintentional mortality or serious injury Administration Permits and Conservation Division, at of up to four animals per species the address listed above. Comments may RIN 0648–XE129 annually not to exceed ten animals per also be submitted by facsimile to (301) species over the life of the permit. Blood Marine Mammals; File No. 19439 713–0376, or by email to and tissue samples would be imported [email protected]. Please AGENCY: National Marine Fisheries from the Southern Ocean and Antarctica include the File No. 17157 in the subject Service (NMFS), National Oceanic and to the United States and exported line of the email comment. Atmospheric Administration (NOAA), world-wide for analyses. The permit Commerce. expires October 1, 2020. Those individuals requesting a public hearing should submit a written request ACTION: Notice; issuance of permit. In compliance with the National Environmental Policy Act of 1969 (42 to the Chief, Permits and Conservation SUMMARY: Notice is hereby given that a U.S.C. 4321 et seq.), a final Division at the address listed above. The permit has been issued to Daniel P. determination has been made that the request should set forth the specific Costa, Ph.D., University of California at activity proposed is categorically reasons why a hearing on this Santa Cruz, Long Marine Laboratory, excluded from the requirement to application would be appropriate. 100 Shaffer Road, Santa Cruz, CA 95064 prepare an environmental assessment or FOR FURTHER INFORMATION CONTACT: to conduct research on pinnipeds in environmental impact statement. Jennifer Skidmore or Amy Sloan, (301) Antarctica. 427–8401. Dated: December 2, 2015. ADDRESSES: The permit and related Julia Harrison, SUPPLEMENTARY INFORMATION: The documents are available for review Chief, Permits and Conservation Division, subject amendment to Permit No. upon written request or by appointment Office of Protected Resources, National 17157–01 is requested under the in the Permits and Conservation Marine Fisheries Service. authority of the Marine Mammal Division, Office of Protected Resources, [FR Doc. 2015–30841 Filed 12–7–15; 8:45 am] Protection Act of 1972, as amended (16 NMFS, 1315 East-West Highway, Room BILLING CODE 3510–22–P U.S.C. 1361 et seq.), the regulations 13705, Silver Spring, MD 20910; phone governing the taking and importing of (301) 427–8401; fax (301) 713–0376. marine mammals (50 CFR part 216), the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Endangered Species Act of 1973, as Amy Sloan or Rosa L. Gonza´lez, (301) amended (16 U.S.C. 1531 et seq.), and 427–8401. National Oceanic and Atmospheric the regulations governing the taking, SUPPLEMENTARY INFORMATION: On August Administration importing, and exporting of endangered 28, 2015, notice was published in the and threatened species (50 CFR parts Federal Register (80 FR 52255) that a RIN 0648–XC033 222–226). request for a permit to conduct research Marine Mammals; File No. 17157 Permit No. 17157, issued on July 18, on pinnipeds in Antartica had been 2012, and amended on November 7, submitted by the above-named AGENCY: National Marine Fisheries 2014, authorizes the receipt, import and applicant. The requested permit has Service (NMFS), National Oceanic and export of up to 25 earplugs annually of been issued under the authority of the Atmospheric Administration (NOAA), each of the following species of whale: Marine Mammal Protection Act of 1972, Commerce. Blue (Balaenoptera musculus), sei (B. as amended (16 U.S.C. 1361 et seq.), and ACTION: Notice; receipt of application for borealis), minke (B. acutorostrata), the regulations governing the taking and permit amendment. humpback (Megaptera novaeangliae), importing of marine mammals (50 CFR gray (Eschrichtius robustus), bowhead part 216). SUMMARY: Notice is hereby given that (Balaena mysticetus), fin (B. physalus), The permit authorizes the permit Stephen John Trumble, Ph.D., Baylor and sperm (Physeter macrocephalus). holder to capture and sample leopard University, 101 Bagby Ave., Waco, TX The samples may be obtained from (Hydrurga leptonyx), crabeater (Lobodon 76706, has applied for an amendment to natural history museums as well as from carcinophaga), southern elephant Scientific Research Permit No. 17157– collections in Barrow, AK, of bowhead (Mirounga leonina), Ross 01. whale subsistence harvests.

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The applicant is requesting an date is January 18, 2016, 11:29 p.m. Federal Advisory Committee meeting of amendment to the permit to increase the (CT). the Uniform Formulary Beneficiary number of animals that samples could STATUS: Open. Advisory Panel (hereafter referred to as be received, imported, and exported MATTERS TO BE CONSIDERED: the Panel). from 25 to 100 individuals annually. In I. Chair’s Opening Comments DATES: Thursday, January 7, 2016, from addition, the applicant is requesting a. Call to Order, Welcome, and 9:00 a.m. to 1:00 p.m. authorization to receive, import, and Preview of Today’s Meeting Agenda ADDRESSES: Naval Heritage Center export baleen samples from blue and fin b. Introduction and Theater, 701 Pennsylvania Avenue NW., whales. No takes of live animals are or Acknowledgements Washington, DC 20004. would be authorized. The permit c. Summary Status of Board FOR FURTHER INFORMATION CONTACT: expires on July 17, 2017. Interaction CAPT Edward Norton, DFO, Uniform In compliance with the National II. Consideration of Previous Meeting’s Formulary Beneficiary Advisory Panel, Environmental Policy Act of 1969 (42 Minutes 7700 Arlington Boulevard, Suite 5101, U.S.C. 4321 et seq.), an initial III. CEO Report Falls Church, VA 22042–5101. determination has been made that the IV. Guest Speaker: Highlighting MLK Telephone: (703) 681–2890. Fax: (703) activity proposed is categorically Day of Service 681–1940. Email Address: excluded from the requirement to V. Public Comments dha.ncr.health-it.mbx.baprequests@ prepare an environmental assessment or VI. Final Comments and Adjournment mail.mil. environmental impact statement. Members of the public who would Concurrent with the publication of like to comment on the business of the SUPPLEMENTARY INFORMATION: This this notice in the Federal Register, Board may do so in writing or in person. meeting is being held under the NMFS is forwarding copies of this Individuals may submit written provisions of the Federal Advisory application to the Marine Mammal comments to [email protected] subject Committee Act of 1972 (Title 5, United Commission and its Committee of line: DECEMBER 2015 CNCS BOARD States Code (U.S.C.), Appendix, as Scientific Advisors. MEETING by 4:00 p.m. (ET) on amended) and the Government in the Dated: December 2, 2015. December 16, 2015. Individuals Sunshine Act of 1976 (5 U.S.C. 552b, as amended). Julia Harrison, attending the meeting in person who would like to comment will be asked to Purpose of Meeting: The Panel will Chief, Permits and Conservation Division, review and comment on Office of Protected Resources, National sign-in upon arrival. Comments are Marine Fisheries Service. requested to be limited to 2 minutes. recommendations made to the Director of Defense Health Agency, by the [FR Doc. 2015–30843 Filed 12–7–15; 8:45 am] REASONABLE ACCOMMODATIONS: The Pharmacy and Therapeutics Committee, Corporation for National and BILLING CODE 3510–22–P regarding the Uniform Formulary. Community Service provides reasonable accommodations to individuals with Meeting Agenda CORPORATION FOR NATIONAL AND disabilities where appropriate. Anyone 1. Sign-In COMMUNITY SERVICE who needs an interpreter or other 2. Welcome and Opening Remarks accommodation should notify Ida Green 3. Public Citizen Comments Sunshine Act Meeting Notice at [email protected] or 202–606–6861 by 5 4. Scheduled Therapeutic Class Reviews p.m. (ET) on December 15, 2015. The Board of Directors of the (Comments will follow each agenda Corporation for National and CONTACT PERSON FOR MORE INFORMATION: item) Community Service gives notice of the Jenny Mauk, Special Assistant to the a. Attention Deficit Hyperactivity following meeting: CEO, Corporation for National and Disorder (ADHD)—Stimulants Community Service, 1201 New York b. Antirheumatic Drugs— DATE AND TIME: Friday, December 18, Avenue NW., Washington, DC 20525. Methotrexate Injectable 2015, 11:30 a.m.–12:30 p.m. (ET). Phone: 202–606–6615. Fax: 202–606– c. Gastrointestinal -2 Agents— PLACE: Corporation for National and 3460. TTY: 800–833–3722. Email: Miscellaneous Community Service, 1201 New York [email protected]. d. Acne—Isotretinoins Avenue NW., Suite 8312, Washington, 5. Designated Newly Approved Drugs in Dated: December 4, 2015. DC 20525 (Please go to 10th floor Already-Reviewed Classes reception area for escort). Wilsie Y. Minor, 6. Designated Newly FDA Approved CALL-IN INFORMATION: This meeting is Deputy General Counsel. Drugs available to the public through the [FR Doc. 2015–31004 Filed 12–4–15; 4:15 pm] 7. Pertinent Utilization Management following toll-free call-in number: 800– BILLING CODE 6050–28–P Issues 988–9648 conference call access code 8. Panel Discussions and Vote number 5755950. Any interested Meeting Accessibility: Pursuant to 5 member of the public may call this DEPARTMENT OF DEFENSE U.S.C. 552b, as amended, and 41 Code number and listen to the meeting. of Federal Regulations (CFR) 102–3.140 Callers can expect to incur charges for Office of the Secretary through 102–3.165, and the availability calls they initiate over wireless lines, of space, this meeting is open to the Uniform Formulary Beneficiary and CNCS will not refund any incurred public. Seating is limited and will be Advisory Panel; Notice of Federal charges. Callers will incur no charge for provided only to the first 220 people Advisory Committee Meeting calls they initiate over land-line signing-in. All persons must sign-in connections to the toll-free telephone AGENCY: Assistant Secretary of Defense legibly. number. Replays are generally available (Health Affairs), DoD. Administrative Work Meeting: Prior to one hour after a call ends. The toll-free ACTION: Notice of meeting. the public meeting, the Panel will phone number for the replay is 800– conduct an Administrative Work 843–4802, access code number 22589. SUMMARY: The Department of Defense is Meeting from 7:45 a.m. to 9:00 a.m. to TTY: 800–833–3722. The end replay publishing this notice to announce a discuss administrative matters of the

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Panel. The Administrative Work Dated: December 3, 2015. Comments Due: 5 p.m. ET 12/23/15. Meeting will be held at the Naval Aaron Siegel, Docket Numbers: ER16–453–000. Heritage Center, 701 Pennsylvania Alternate OSD Federal Register Liaison Applicants: PJM Interconnection, Avenue NW., Washington, DC 20004. Officer, Department of Defense. L.L.C., Northeast Transmission Pursuant to 41 CFR 102–3.160, the [FR Doc. 2015–30861 Filed 12–7–15; 8:45 am] Development, LLC. Administrative Work Meeting will be BILLING CODE 5001–06–P Description: § 205(d) Rate Filing: NTD closed to the public. submits Attachment H—ATRR, Formula Rate, and Formula Protocols to be Written Statements: Pursuant to 41 DEPARTMENT OF ENERGY effective 2/1/2016. CFR 102–3.140, the public or interested Filed Date: 12/2/15. organizations may submit written Federal Energy Regulatory Accession Number: 20151202–5207. statements to the membership of the Commission Comments Due: 5 p.m. ET 12/23/15. Panel at any time or in response to the The filings are accessible in the stated agenda of a planned meeting. Combined Notice of Filings #2 Commission’s eLibrary system by Written statements should be submitted clicking on the links or querying the to the Panel’s Designated Federal Officer Take notice that the Commission docket number. (DFO). The DFO’s contact information received the following electric rate Any person desiring to intervene or can be obtained from the General filings: protest in any of the above proceedings Services Administration’s Federal Docket Numbers: ER10–2331–048; must file in accordance with Rules 211 Advisory Committee Act Database at ER14–630–024; ER10–2319–039; ER10– and 214 of the Commission’s http://facadatabase.gov/. Written 2317–039; ER13–1351–021; ER10–2330– Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern statements that do not pertain to the 046. Applicants: J.P. Morgan Ventures time on the specified comment date. scheduled meeting of the Panel may be Energy Corporation, AlphaGen Power Protests may be considered, but submitted at any time. However, if LLC, BE Alabama LLC, BE CA LLC, intervention is necessary to become a individual comments pertain to a Florida Power Development LLC, Utility party to the proceeding. specific topic being discussed at a Contract Funding, L.L.C. eFiling is encouraged. More detailed planned meeting, then these statements Description: Notice of Non-Material information relating to filing must be submitted no later than 5 Change in Status of JPMorgan Sellers. requirements, interventions, protests, business days prior to the meeting in Filed Date: 12/2/15. service, and qualifying facilities filings question. The DFO will review all Accession Number: 20151202–5154. can be found at: http://www.ferc.gov/ submitted written statements and Comments Due: 5 p.m. ET 12/23/15. docs-filing/efiling/filing-req.pdf. For provide copies to all the committee Docket Numbers: ER16–98–001. other information, call (866) 208–3676 members. Applicants: Windom Transmission, (toll free). For TTY, call (202) 502–8659. Public Comments: In addition to LLC. Dated: December 2, 2015. written statements, the Panel will set Description: Tariff Amendment: Nathaniel J. Davis, Sr., aside 1 hour for individuals or Amended Transmission and Deputy Secretary. interested groups to address the Panel. Interconnection Agreement to be [FR Doc. 2015–30846 Filed 12–7–15; 8:45 am] To ensure consideration of their effective 12/15/2015. BILLING CODE 6717–01–P comments, individuals and interested Filed Date: 12/2/15. groups should submit written Accession Number: 20151202–5184. statements as outlined in this notice; but Comments Due: 5 p.m. ET 12/23/15. DEPARTMENT OF ENERGY if they still want to address the Panel, Docket Numbers: ER16–450–000. Applicants: RE Columbia Two LLC. Federal Energy Regulatory then they will be afforded the Commission opportunity to register to address the Description: Compliance filing: Panel. The Panel’s DFO will have a Compliance Filing—RE Columbia Two [Docket No. CP15–505–000] ‘‘Sign-Up Roster’’ available at the Panel Removal of Affiliate Waiver to be Natural Gas Pipeline Company of meeting for registration on a first-come, effective 11/1/2015. Filed Date: 12/2/15. America, LLC; Notice of Schedule for first-serve basis. Those wishing to Accession Number: 20151202–5142. Environmental Review of the Chicago address the Panel will be given no more Comments Due: 5 p.m. ET 12/23/15. Market Expansion Project than 5 minutes to present their Docket Numbers: ER16–451–000. comments, and at the end of the 1 hour On June 1, 2015, Natural Gas Pipeline Applicants: KCP&L Greater Missouri time period, no further public Company of America, LLC (Natural) Operations Company. filed an application in Docket No. comments will be accepted. Anyone Description: KCP&L Greater Missouri who signs-up to address the Panel, but CP15–505–000 requesting a Certificate Operations Company Notice of of Public Convenience and Necessity is unable to do so due to the time Cancellation of Interconnection limitation, may submit their comments pursuant to Section 7(c) of the Natural Agreement. Gas Act to construct and operate certain in writing; however, they must Filed Date: 12/2/15. natural gas pipeline facilities. The understand that their written comments Accession Number: 20151202–5174. proposed project is known as the may not be reviewed prior to the Panel’s Comments Due: 5 p.m. ET 12/23/15. Chicago Market Expansion Project deliberation. Docket Numbers: ER16–452–000. (Project), and would provide about To ensure timeliness of comments for Applicants: RE Tranquillity LLC. 238,000 dekatherms of incremental the official record, the Panel encourages Description: Baseline eTariff Filing: northbound firm transportation capacity that individuals and interested groups Application and Initial BaselineTariff to the city of Chicago, Illinois and consider submitting written statements Filing to be effective 12/3/2015. neighboring areas. instead of addressing the Panel. Filed Date: 12/2/15. On June 12, 2015, the Federal Energy Accession Number: 20151202–5200. Regulatory Commission (Commission or

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FERC) issued its Notice of Application Commission’s Office of External Affairs who will eFile a document and/or be for the Project. Among other things, that at (866) 208–FERC or on the FERC Web listed as a contact for an intervenor notice alerted agencies issuing federal site (www.ferc.gov). Using the must create and validate an authorizations of the requirement to ‘‘eLibrary’’ link, select ‘‘General Search’’ eRegistration account using the complete all necessary reviews and to from the eLibrary menu, enter the eRegistration link. Select the eFiling reach a final decision on a request for selected date range and ‘‘Docket link to log on and submit the a federal authorization within 90 days of Number’’ excluding the last three digits intervention or protests. the date of issuance of the Commission (i.e., CP15–505), and follow the Persons unable to file electronically staff’s Environmental Assessment (EA) instructions. For assistance with access should submit an original and 5 copies for the Project. This instant notice to eLibrary, the helpline can be reached of the intervention or protest to the identifies the FERC staff’s planned at (866) 208–3676, TTY (202) 502–8659, Federal Energy Regulatory Commission, schedule for the completion of the EA or at [email protected]. The 888 First Street NE., Washington, DC for the Project. eLibrary link on the FERC Web site also 20426. provides access to the texts of formal The filings in the above-referenced SCHEDULE FOR ENVIRONMENTAL documents issued by the Commission, proceeding are accessible in the REVIEW such as orders, notices, and rule Commission’s eLibrary system by makings. clicking on the appropriate link in the Issuance of EA ...... January 11, 2016. Dated: December 2, 2015. above list. They are also available for 90-day Federal Author- April 11, 2016. Nathaniel J. Davis, Sr., electronic review in the Commission’s ization Decision Dead- Deputy Secretary. Public Reference Room in Washington, line. DC. There is an eSubscription link on [FR Doc. 2015–30847 Filed 12–7–15; 8:45 am] the Web site that enables subscribers to If a schedule change becomes BILLING CODE 6717–01–P receive email notification when a necessary, additional notice will be document is added to a subscribed provided so that the relevant agencies docket(s). For assistance with any FERC are kept informed of the Project’s DEPARTMENT OF ENERGY Online service, please email progress. Federal Energy Regulatory [email protected]. or call Project Description Commission (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The proposed Project would construct [Docket No. ER16–438–000] a new 30,000 horsepower natural gas- Dated: December 2, 2015. fired compressor station with suction Marshall Wind Energy LLC; Nathaniel J. Davis, Sr., and discharge piping and ancillary Supplemental Notice That Initial Deputy Secretary. equipment in Livingston County, Market-Based Rate Filing Includes [FR Doc. 2015–30848 Filed 12–7–15; 8:45 am] Illinois. Request for Blanket Section 204 BILLING CODE 6717–01–P Authorization Background On July 9, 2015, the Commission This is a supplemental notice in the DEPARTMENT OF ENERGY issued a Notice of Intent to Prepare an above-referenced proceeding Marshall Environmental Assessment for the Wind Energy LLC’s application for Federal Energy Regulatory Proposed Chicago Market Expansion market-based rate authority, with an Commission Project and Request for Comments on accompanying rate tariff, noting that such application includes a request for Environmental Issues (NOI). The NOI [Project No. 14715–000] was sent to affected landowners; federal, blanket authorization, under 18 CFR state, and local government agencies; part 34, of future issuances of securities Lock+TM Hydro Friends Fund XII; elected officials; environmental and and assumptions of liability. Notice of Preliminary Permit public interest groups; Native American Any person desiring to intervene or to Application Accepted for Filing and tribes; other interested parties; and local protest should file with the Federal Soliciting Comments, Motions To libraries and newspapers. In response to Energy Regulatory Commission, 888 Intervene, and Competing Applications the NOI, the Commission received a First Street NE., Washington, DC 20426, consultation letter from United States in accordance with Rules 211 and 214 On September 14, 2015, Lock+TM Department of Agriculture regarding of the Commission’s Rules of Practice Hydro Friends Fund XII filed an impacts of farmland conversion. and Procedure (18 CFR 385.211 and application for a preliminary permit, 385.214). Anyone filing a motion to pursuant to section 4(f) of the Federal Additional Information intervene or protest must serve a copy Power Act (FPA), proposing to study the In order to receive notification of the of that document on the Applicant. feasibility of the Hepburn Street Dam issuance of the EA and to keep track of Notice is hereby given that the Hydroelectric Project (Hepburn Project all formal issuances and submittals in deadline for filing protests with regard or project) to be located on West Branch specific dockets, the Commission offers to the applicant’s request for blanket of the Susquehanna River, near a free service called eSubscription. This authorization, under 18 CFR part 34, of Williamsport, Lycoming County, can reduce the amount of time you future issuances of securities and Pennsylvania. The Hepburn Street Dam spend researching proceedings by assumptions of liability, is December 22, is owned by the state of Pennsylvania. automatically providing you with 2015. The sole purpose of a preliminary notification of these filings, document The Commission encourages permit, if issued, is to grant the permit summaries, and direct links to the electronic submission of protests and holder priority to file a license documents. Go to www.ferc.gov/docs- interventions in lieu of paper, using the application during the permit term. A filing/esubscription.asp. FERC Online links at http:// preliminary permit does not authorize Additional information about the www.ferc.gov. To facilitate electronic the permit holder to perform any land- Project is available from the service, persons with Internet access disturbing activities or otherwise enter

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upon lands or waters owned by others (P–14715) in the docket number field to Filed Date: 12/1/15. without the owners’ express permission. access the document. For assistance, Accession Number: 20151201–5349. The proposed project would consist contact FERC Online Support. Comments Due: 5 p.m. ET 12/22/15. of: (1) The existing 1,015-foot-long and Dated: December 2, 2015. Docket Numbers: ER15–2594–003. approximately 14.5-foot-high dam Nathaniel J. Davis, Sr., Applicants: South Central MCN, LLC. discharging into the West Branch of the Description: Compliance Filing Deputy Secretary. Susquehanna River; (2) one 150-foot- [including Pro Forma sheets] of South wide, 25-foot-deep Large Frame Module [FR Doc. 2015–30850 Filed 12–7–15; 8:45 am] Central MCN, LLC. (LFM) containing ten 900-kilowatt (kW) BILLING CODE 6717–01–P Filed Date: 11/30/15. hydropower turbines for a total installed Accession Number: 20151130–5489. capacity of 9,000 kW; (3) a 150-foot- Comments Due: 5 p.m. ET 12/21/15. DEPARTMENT OF ENERGY wide, 150-foot-long tailrace; (4) a 25-foot Docket Numbers: ER15–2728–000; by 50-foot switchyard containing a new Federal Energy Regulatory ER15–2728–001. transformer and control room; (5) a Commission Applicants: Maricopa West Solar PV, 1,000-foot-long, 69-kilovolt transmission LLC. line connecting the generating power to Combined Notice of Filings #1 Description: Supplement to the local grid using an existing September 25, 2015 and October 13, substation; and (6) appurtenant Take notice that the Commission 2015 Maricopa West Solar PV, LLC tariff facilities. The LFM would be installed received the following electric corporate filings to be effective 11/12/2015. either adjacent to the dam in the filings: Filed Date: 11/12/15. existing levee north of the dam or on the Docket Numbers: EC16–45–000 Accession Number: 20151112–5408. upper poolside of the dam. The Applicants: NRG Wholesale Comments Due: 5 p.m. ET 12/3/15. estimated annual generation of the Generation LP, Seward Generation, LLC Docket Numbers: ER16–445–000. Hepburn Project would be 51,000 Description: Joint Application of NRG Applicants: San Diego Gas & Electric megawatt-hours. Wholesale Generation LP and Seward Company. Applicant Contact: Mr. Wayne F. Generation, LLC for Approval Under Description: Third Annual Krouse, Chairman, Hydro Green Energy, Section 203 of the Federal Power Act Informational Filing [Cycle 3] of Fourth LLC, Managing Partner, Lock+TM Hydro and Request for Expedited Action. Transmission Owner Rate Formula rate Friends Fund XII, PO Box 43796, Filed Date: 12/1/15. mechanism of San Diego Gas & Electric Birmingham, AL 35243; phone: 877– Accession Number: 20151201–5357. Company. 556–6566, extension 709. Comments Due: 5 p.m. ET 12/22/15. Filed Date: 12/1/15. FERC Contact: Monir Chowdhury; Take notice that the Commission phone: (202) 502–6736. Accession Number: 20151201–5347. received the following electric rate Comments Due: 5 p.m. ET 12/22/15. Deadline for filing comments, motions filings: to intervene, competing applications Docket Numbers: ER11–2105–001. Docket Numbers: ER16–446–000. (without notices of intent), or notices of Applicants: Oklahoma Gas and Applicants: ISO New England Inc., intent to file competing applications: 60 Electric Company. New England Power Pool. days from the issuance of this notice. Description: Supplement to June 30, Description: ISO New England Inc., et. Competing applications and notices of 2015 Updated Market Power Analysis al. submits Installed Capacity intent must meet the requirements of 18 for Southwest Power Pool, Inc. Requirement, Hydro Quebec CFR 4.36. Balancing Area Authority of Oklahoma Interconnection Capability Credits and The Commission strongly encourages Gas and Electric Company. Related Values for the 2016/2017, 2017/ electronic filing. Please file comments, Filed Date: 12/1/15. 2018 & 2018/2019 Capacity motions to intervene, notices of intent, Accession Number: 20151201–5356. Commitment Period. and competing applications using the Comments Due: 5 p.m. ET 12/22/15. Filed Date: 12/1/15.. Commission’s eFiling system at http:// Docket Numbers: ER14–2666–003. Accession Number: 20151201–5353. www.ferc.gov/docs-filing/efiling.asp. Applicants: Avalon Solar Partners, Comments Due: 5 p.m. ET 12/22/15. Commenters can submit brief comments LLC. Docket Numbers: ER16–447–000. up to 6,000 characters, without prior Description: Notice of Non-Material Applicants: Owensboro Municipal registration, using the eComment system Change in Status of Avalon Solar Utilities. at http://www.ferc.gov/docs-filing/ Partners, LLC. Description: Request for Limited ecomment.asp. You must include your Filed Date: 12/2/15. Waiver of Owensboro Municipal name and contact information at the end Accession Number: 20151202–5132. Utilities. of your comments. For assistance, Comments Due: 5 p.m. ET 12/23/15. Filed Date: 12/1/15. please contact FERC Online Support at Docket Numbers: ER15–762–004. Accession Number: 20151201–5355. [email protected], (866) Applicants: Sierra Solar Greenworks Comments Due: 5 p.m. ET 12/22/15. 208–3676 (toll free), or (202) 502–8659 LLC. Docket Numbers: ER16–448–000. (TTY). In lieu of electronic filing, please Description: Notice of Non-Material Applicants: Public Service Company send a paper copy to: Secretary, Federal Change in Status of Sierra Solar of Colorado. Energy Regulatory Commission, 888 Greenworks LLC. Description: § 205(d) Rate Filing: First Street NE., Washington, DC 20426. Filed Date: 12/1/15. 2015–12–2_PSC–TSGT–NC–BASA 409– The first page of any filing should Accession Number: 20151201–5351. 0.0.0-Filing to be effective 12/1/2015. include docket number P–14715–000. Comments Due: 5 p.m. ET 12/22/15. Filed Date: 12/2/15. More information about this project, Docket Numbers: ER15–1026–002. Accession Number: 20151202–5065. including a copy of the application, can Applicants: Utah Red Hills Renewable Comments Due: 5 p.m. ET 12/23/15. be viewed or printed on the ‘‘eLibrary’’ Park, LLC. Docket Numbers: ER16–449–000. link of the Commission’s Web site at Description: Notice of Non-Material Applicants: RE Camelot LLC. http://www.ferc.gov/docs-filing/ Change in Status of Utah Red Hills Description: Compliance filing: elibrary.asp. Enter the docket number Renewable Park, LLC. Compliance Filing—Removal of

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Affiliate Waiver to be effective 11/1/ long and 15-foot-high ogee-shaped Dated: December 2, 2015. 2015. concrete gravity dam with a 356-foot- Nathaniel J. Davis, Sr., Filed Date: 12/2/15. long tainter-gated structure forming the Deputy Secretary. Accession Number: 20151202–5116. eastern portion of the dam; (2) an [FR Doc. 2015–30849 Filed 12–7–15; 8:45 am] Comments Due: 5 p.m. ET 12/23/15. existing impoundment having a surface BILLING CODE 6717–01–P The filings are accessible in the area of 400 acres and a storage capacity Commission’s eLibrary system by of 5,000 acre-feet at the spillway crest clicking on the links or querying the elevation of 28.3 feet National Geodetic FEDERAL COMMUNICATIONS docket number. Vertical Datum; (3) either a new COMMISSION Any person desiring to intervene or powerhouse at the east end of the dam protest in any of the above proceedings with two identical turbine generator Radio Broadcasting Services; AM or must file in accordance with Rules 211 units with a total installed capacity of FM Proposals To Change the and 214 of the Commission’s 10.2 megawatts (MW) (Scenario 1), or Community of License Regulations (18 CFR 385.211 and two new identical modular floating 385.214) on or before 5:00 p.m. Eastern barge-type structures at the west end of AGENCY: Federal Communications time on the specified comment date. the tainter gates housing 18 turbine- Commission. Protests may be considered, but generator units with a total installed ACTION: Notice. intervention is necessary to become a capacity of 4.0 MW (Scenario 2); (4) a SUMMARY: party to the proceeding. proposed 10,000-foot-long, 34.5-kilovolt The following applicants filed eFiling is encouraged. More detailed transmission line; and (5) appurtenant AM or FM proposals to change the information relating to filing facilities. The proposed project would community of license: Actualidad requirements, interventions, protests, have an annual generation of 39,000 1040AM Licensee, LLC, Station WLVJ, service, and qualifying facilities filings megawatt-hours (MWh) (Scenario 1) or Facility ID 4341, BP–20150706ACT, can be found at: http://www.ferc.gov/ 12,000 MWh (Scenario 2). From Boynton Beach, FL, To Miami, FL; docs-filing/efiling/filing-req.pdf. For Applicant Contact: Wendy Jo Carey, Actualidad 990AM Licensee, LLC, other information, call (866) 208–3676 Albany Engineering Corporation, 5 Station WMYM, Facility ID 12833, BP– (toll free). For TTY, call (202) 502–8659. Washington Square, Albany, NY 12205; 20150706ACS, From Miami, FL, To phone: (518) 456–7712. Kendall, FL; Actualidad Licensee Dated: December 2, 2015. FERC Contact: Monir Chowdhury; 1020AM, LLC, Station WURN, Facility Nathaniel J. Davis, Sr., phone: (202) 502–6736. ID 3607, BP- 20150706ACU, From Deputy Secretary. Deadline for filing comments, motions Kendall, FL, To Boynton Beach, FL; [FR Doc. 2015–30845 Filed 12–7–15; 8:45 am] to intervene, competing applications Alpha Media Licensee, LLC, Station BILLING CODE 6717–01–P (without notices of intent), or notices of NEW, Facility ID 198622, BNPH– intent to file competing applications: 60 20151013AIK, From Longview, TX, To days from the issuance of this notice. Atlanta, TX; Costa-Eagle Radio Ventures DEPARTMENT OF ENERGY Competing applications and notices of Limited Partnership, Station WMVX, intent must meet the requirements of 18 Facility ID 22798, BP–20151119AYB, Federal Energy Regulatory CFR 4.36. From Beverly, MA, To Methuen, MA; Commission The Commission strongly encourages EDB VV License, LLC, Station KXFM, electronic filing. Please file comments, [Project No. 14387–001] Facility ID 5470, BPH–20151110ANR, motions to intervene, notices of intent, From Santa Maria, CA, To Montecito, Albany Engineering Corporation; and competing applications using the CA; Educational Media Foundation, Notice of Successive Preliminary Commission’s eFiling system at http:// Station NEW, Facility ID 198724, Permit Application Accepted for Filing www.ferc.gov/docs-filing/efiling.asp. BNPH–20151013AGJ, From Baggs, WY, and Soliciting Comments, Motions To Commenters can submit brief comments To Yampa, CO; Jackman Holding Intervene, and Competing Applications up to 6,000 characters, without prior Company, LLC, Station NEW, Facility registration, using the eComment system ID 198745, BNPH–20151013ADJ, From On September 22, 2015, Albany at http://www.ferc.gov/docs-filing/ Moro, OR, To White Salmon, WA; Engineering Corporation filed an ecomment.asp. You must include your Katherine Pyeatt, Station NEW, Facility application for a successive preliminary name and contact information at the end ID 190004, BNPH–20111013ACU, From permit, pursuant to section 4(f) of the of your comments. For assistance, Midway, TX, To Groveton, TX; Federal Power Act (FPA), proposing to please contact FERC Online Support at Northeast Colorado Broadcasting, LLC, study the feasibility of hydropower at [email protected], (866) Station NEW, Facility ID 198758, the New York State Canal Corporation’s 208–3676 (toll free), or (202) 502–8659 BNPH–20151013ADX, From Akron, CO, Lock C1 Dam located on the Hudson (TTY). In lieu of electronic filing, please To Eckley, CO; Northway Broadcasting, River in Saratoga and Rensselaer send a paper copy to: Secretary, Federal Station NEW, Facility ID 190452, Counties, New York. The sole purpose Energy Regulatory Commission, 888 BNPH–20120530AOI, From Silver of a preliminary permit, if issued, is to First Street NE., Washington, DC 20426. Springs, NV, To Fallon, NV; Summit grant the permit holder priority to file The first page of any filing should Broadcasting II, LLC, Station NEW, a license application during the permit include docket number P–14387–001. Facility ID 198794, BNPH– term. A preliminary permit does not More information about this project, 20151013AAM, From McCall, ID, To authorize the permit holder to perform including a copy of the application, can Silver City, ID. any land-disturbing activities or be viewed or printed on the ‘‘eLibrary’’ otherwise enter upon lands or waters link of the Commission’s Web site at DATES: The agency must receive owned by others without the owners’ http://www.ferc.gov/docs-filing/ comments on or before February 8, express permission. elibrary.asp. Enter the docket number 2016. The proposed Waterford (P–14387) in the docket number field to ADDRESSES: Federal Communications Hydroelectric Project would consist of access the document. For assistance, Commission, 445 Twelfth Street SW., the following: (1) An existing 672-foot- contact FERC Online Support. Washington, DC 20554.

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FOR FURTHER INFORMATION CONTACT: PRA that does not display a valid OMB information regarding particular remote Tung Bui, 202–418–2700. control number. terminals similar to the information SUPPLEMENTARY INFORMATION: The full DATES: Written PRA comments should available regarding incumbent LEC text of these applications is available for be submitted on or before February 8, central offices. Requesting carriers use inspection and copying during normal 2016. If you anticipate that you will be demographic and other information business hours in the Commission’s submitting comments, but find it obtained from incumbent LECs to Reference Center, 445 12th Street SW., difficult to do so within the period of determine whether they wish to Washington, DC 20554 or electronically time allowed by this notice, you should collocate at particular remote terminals. via the Media Bureau’s Consolidated advise the contact listed below as soon This proposed information collection in Data Base System, http:// as possible. the Second Further Notice of Proposed licensing.fcc.gov/prod/cdbs/pubacc/ ADDRESSES: Direct all PRA comments to Rulemaking, FCC 98–147, will be used prod/cdbs_pa.htm. Nicole Ongele, FCC, via email to by the Commission, state commissions, and competitive carriers to facilitate the Federal Communications Commission. [email protected] and to [email protected]. deployment of advanced services and James D. Bradshaw, other telecommunications services in Deputy Chief, Audio Division, Media Bureau. FOR FURTHER INFORMATION CONTACT: For implementation of section 251(c)(6) of [FR Doc. 2015–30912 Filed 12–7–15; 8:45 am] additional information about the the Communications Act of 1934, as BILLING CODE 6712–01–P information collection, contact Nicole amended. The number of respondents Ongele at (202) 418–2991. has decreased from 1,200 to 750, the SUPPLEMENTARY INFORMATION: number of annual responses has FEDERAL COMMUNICATIONS OMB Control Number: 3060–0952. increased from 1,200 to 1,500, and the COMMISSION Title: Proposed Demographic annual burden hours have decreased Information and Notifications, Second from 4,800 to 3,000. [OMB 3060–0952] Further Notice of Proposed Rulemaking (FNPRM), CC Docket No. 98–147 and Federal Communications Commission. Information Collection Being Reviewed Fifth NPRM (NPRM), CC Docket No. 96– Gloria J. Miles, by the Federal Communications 98. Federal Register Liaison Officer, Office of Commission Under Delegated Form Number: N/A. the Secretary. Authority Type of Review: Extension of a [FR Doc. 2015–30851 Filed 12–7–15; 8:45 am] currently approved collection. BILLING CODE 6712–01–P AGENCY: Federal Communications Respondents: Business or other for- Commission. profit entities. ACTION: Notice and request for Number of Respondents and FEDERAL COMMUNICATIONS comments. Responses: 750 respondents; 1,500 COMMISSION responses. [OMB 3060–0059] SUMMARY: As part of its continuing effort Frequency of Response: On occasion to reduce paperwork burdens, and as reporting requirements and third party Information Collection Being Reviewed required by the Paperwork Reduction disclosure requirement. by the Federal Communications Act (PRA) of 1995 (44 U.S.C. 3501– Estimated Time per Response: 2 Commission 3520), the Federal Communications hours. Commission (FCC or Commission) Total Annual Burden: 3,000 hours. AGENCY: Federal Communications invites the general public and other Total Annual Cost: No cost. Commission. Federal agencies to take this Obligation to Respond: Required to ACTION: Notice and request for opportunity to comment on the obtain or retain benefits. Statutory comments. following information collections. authority for this information collection Comments are requested concerning: is contained in 47 U.S.C. 151–154, 201, SUMMARY: As part of its continuing effort Whether the proposed collection of 202, 251–254, 256 and 271 of the to reduce paperwork burdens, and as information is necessary for the proper Communications Act of 1934, as required by the Paperwork Reduction performance of the functions of the amended. Act (PRA) of 1995 (44 U.S.C. 3501– Commission, including whether the Privacy Impact Assessment: No 3520), the Federal Communications information shall have practical utility; impact(s). Commission (FCC or the Commission) the accuracy of the Commission’s Nature and Extent of Confidentiality: invites the general public and other burden estimate; ways to enhance the The Commission is not requesting Federal agencies to take this quality, utility, and clarity of the respondents to submit confidential opportunity to comment on the information collected; ways to minimize information to the FCC. If the applicants following information collection. the burden of the collection of wish to submit information which they Comments are requested concerning: information on the respondents, believe is confidential, they may request Whether the proposed collection of including the use of automated confidential treatment of such information is necessary for the proper collection techniques or other forms of information under 47 CFR 0.459 of the performance of the functions of the information technology; and ways to Commission’s rules. Commission, including whether the further reduce the information Needs and Uses: The Commission information shall have practical utility; collection burden on small business asked whether physical collocation in the accuracy of the Commission’s concerns with fewer than 25 employees. remote terminals presents technical or burden estimate; ways to enhance the The FCC may not conduct or sponsor security concerns, and if so, whether quality, utility, and clarity of the a collection of information unless it these concerns warrant modification of information collected; ways to minimize displays a currently valid OMB control its collocation rules. The Commission the burden of the collection of number. No person shall be subject to asked whether incumbent LECs should information on the respondents, any penalty for failing to comply with be required to provide requesting including the use of automated a collection of information subject to the carriers with demographic and other collection techniques or other forms of

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information technology; and ways to conjunction with U.S. Customs and FOR FURTHER INFORMATION CONTACT: further reduce the information Border Protection (CBP), is responsible Linda Gray-Broughton, Grants Specialist collection burden on small business for ensuring that radio frequency at [email protected] or 202–606– concerns with fewer than 25 employees. devices imported into the United States 8181. The FCC may not conduct or sponsor are properly authorized. FCC Form 740 Dated: December 2, 2015. a collection of information unless it must be completed for each radio Jeannette Walters-Marquez, displays a currently valid control frequency device which is imported into Attorney, FMCS. number. No person shall be subject to the United States, and is used to keep any penalty for failing to comply with non-compliant devices from being [FR Doc. 2015–30859 Filed 12–7–15; 8:45 am] a collection of information subject to the distributed to the general public, BILLING CODE 6732–01–P PRA that does not display a valid Office thereby reducing the potential for of Management and Budget (OMB) harmful interference being caused to control number. authorized communications. FCC Form FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION DATES: Written PRA comments should 740 is submitted to CBP electronically or, in a few cases, in paper format. The be submitted on or before February 8, Sunshine Act Meeting Notice 2016. If you anticipate that you will be FCC Form 740 is not submitted to the submitting comments, but find it Federal Communications Commission. December 4, 2015. FCC works with the CBP to resolve difficult to do so within the period of TIME AND DATE: 11:00 a.m., Thursday, time allowed by this notice, you should issues related to the importation of December 17, 2015. unauthorized radio frequency devices, advise the contact listed below as soon PLACE: The Richard V. Backley Hearing as possible. and can issue fines for violation of its rules. Room, Room 511N, 1331 Pennsylvania ADDRESSES: Direct all PRA comments to This information collection extension Avenue NW., Washington, DC 20004 Nicole Ongele, FCC, via email PRA@ does not affect the ongoing rulemaking (enter from F Street entrance). fcc.gov and to [email protected]. in ET Docket 15–170, which includes STATUS: Open. FOR FURTHER INFORMATION CONTACT: For proposed rules that would modify or MATTERS TO BE CONSIDERED: The additional information about the eliminate FCC Form 740. Commission will consider and act upon information collection, contact Nicole Federal Communications Commission. the following in open session: Secretary Ongele at (202) 418–2991. Gloria J. Miles, of Labor v. Lewis-Goetz and Company, SUPPLEMENTARY INFORMATION: Inc., Docket No. WEVA 2012–1821. Federal Register Liaison Officer, Office of the OMB Control Number: 3060–0059. Secretary. (Issues include whether the Judge erred Title: Statement Regarding the in ruling that a mine operator was not [FR Doc. 2015–30852 Filed 12–7–15; 8:45 am] Importation of Radio Frequency Devices strictly liable for violations of a standard Capable of Harmful Interference. BILLING CODE 6712–01–P requiring that safety belts and lines be Form No.: FCC Form 740. worn by miners under prescribed Type of Review: Extension of a conditions.) currently approved collection. FEDERAL MEDIATION AND Any person attending this meeting Respondents: Business or other for- CONCILIATION SERVICE who requires special accessibility profit entities. Notice of Public Availability of the features and/or auxiliary aids, such as Number of Respondents and Federal Mediation and Conciliation sign language interpreters, must inform Responses: 10,000 respondents, Service FY2014 Service Contract the Commission in advance of those 2,000,000 responses. Analysis and Inventory needs. Subject to 29 CFR 2706.150(a)(3) Estimated Time Per Response: 30 and 2706.160(d). seconds (.0084 hours). AGENCY: Federal Mediation and CONTACT PERSON FOR MORE INFO: Frequency of Response: One-time Conciliation Service. Emogene Johnson (202) 434–9935/(202) reporting requirement and third-party ACTION: Notice. 708–9300 for TDD Relay/1–800–877– disclosure requirement. 8339 for toll free. Obligation to Respond: Required to SUMMARY: Section 743 of Division C of obtain or retain benefits. Statutory the Consolidated Appropriations Act of Sarah L. Stewart, authority for this collection of 2010, Public Law 111–117, requires Deputy General Counsel. information is contained in 47 U.S.C. civilian agencies to prepare an annual [FR Doc. 2015–30979 Filed 12–4–15; 11:15 am] sections 154(i), 157(a), 302(a), (303(b), inventory of their service contracts and BILLING CODE 6735–01–P 303(f), (303(g) and 303(r). to analyze the inventory to determine if Total Annual Burden: 33,600 hours. the mix of Federal employees and Total Annual Costs: No Costs. contractors is effective or if rebalancing FEDERAL MINE SAFETY AND HEALTH Privacy Act Impact Assessment: No may be required. In accordance with REVIEW COMMISSION impact(s). Section 743, the Federal Mediation and Nature and Extent of Confidentiality: Conciliation Service is publishing this Sunshine Act Meeting Notice There are no confidentiality issues. notice to instruct the public of the December 4, 2015. Needs and Uses: The Commission availability of its FY 2014 Service will submit this expiring information Contract Analysis and Inventory. The TIME AND DATE: 10:00 a.m., Thursday, collection to the Office of Management Inventory provides information on December 17, 2015. and Budget (OMB) after this 60 day service contract actions over $25,000 PLACE: The Richard V. Backley Hearing comment period in order to obtain the that were made in FY 2014. These Room, Room 511N, 1331 Pennsylvania full three year clearance from them. documents are available on the FMCS Avenue NW., Washington, DC 20004 The FCC is responsible for the Web site at https://www.fmcs.gov/ (enter from F Street entrance). regulation of both authorized radio resources/documents-and-data/. Please STATUS: Open. services and devices that can cause see section under Reports for Service MATTERS TO BE CONSIDERED: The interference. The FCC, working in Contract information. Commission will consider and act upon

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the following in open session: Secretary Uvalde, Texas and Security State Bank, Reporters: State member banks, of Labor v. Nally & Hamilton Pearsall, Texas. national banks, insured nonmember Enterprises, Inc., Docket No. KENT Comments on this application must banks, savings associations, and 2011–434. (Issues include whether the be received by December 14, 2015. Federally-chartered credit unions. Judge erred in ruling that a mine Board of Governors of the Federal Reserve Estimated annual reporting hours: operator was not strictly liable for System, December 3, 2015. Implement policies & procedures, 2,400 violations of a standard requiring that Michael J. Lewandowski, hours; Review and update policies and procedures, 5,240 hours; and Annual seat belts be worn by miners under Associate Secretary of the Board. notification and change in status, 131 prescribed conditions.) [FR Doc. 2015–30887 Filed 12–7–15; 8:45 am] Any person attending this meeting hours. BILLING CODE 6210–01–P who requires special accessibility Estimated average hours per response: features and/or auxiliary aids, such as Implement policies & procedures, 160 hours; Review and update policies and sign language interpreters, must inform FEDERAL RESERVE SYSTEM the Commission in advance of those procedures, 40 hours; and Annual needs. Subject to 29 CFR 2706.150(a)(3) Agency Information Collection notification and change in status, 1 and 2706.160(d). Activities: Announcement of Board hour. Number of respondents: Implement CONTACT PERSON FOR MORE INFO: Approval Under Delegated Authority policies & procedures, 15 respondents; and Submission to OMB Emogene Johnson (202) 434–9935/(202) Review and update policies and 708–9300 for TDD Relay/1–800–877– AGENCY: Board of Governors of the procedures, 131 respondents; and 8339 for toll free. Federal Reserve System. Annual notification and change in Sarah L. Stewart, SUMMARY: Notice is hereby given of the status, 131 respondents. Deputy General Counsel. final approval of proposed information General description of report: This [FR Doc. 2015–30980 Filed 12–4–15; 11:15 am] collections by the Board of Governors of information collection is required to the Federal Reserve System (Board) obtain or retain a benefit ((15 U.S.C. BILLING CODE 6735–01–P under OMB delegated authority. Board- 1693o–2(a)(5)) and is not given approved collections of information are confidential treatment. incorporated into the official OMB Abstract: Regulation II implements, FEDERAL RESERVE SYSTEM inventory of currently approved among other things, standards for collections of information. Copies of the assessing whether interchange Change in Bank Control Notices; Paperwork Reduction Act Submission, transaction fees for electronic debit Formations of, Acquisitions by, and supporting statements and approved transactions are reasonable and Mergers of Bank Holding Companies; collection of information instrument(s) proportional to the cost incurred by the Correction are placed into OMB’s public docket issuer with respect to the transaction, as files. The Federal Reserve may not required by section 920 of the Electronic This notice corrects a notice (FR Doc. conduct or sponsor, and the respondent Fund Transfer Act. The regulation sets 2015–30289) published on page 74772 is not required to respond to, an a cap of 21 cents plus 5 basis points of of the issue for November 30, 2015. information collection that has been the transaction’s value on interchange Under the Federal Reserve Bank of extended, revised, or implemented on or transaction fees of covered issuers. Dallas heading, the entry for Child’s after October 1, 1995, unless it displays Regulation II allows adjustments to Disclaimer Trust, Uvalde, Texas, is a currently valid OMB control number. debit card interchange transaction fees revised to read as follows: FOR FURTHER INFORMATION CONTACT: to make an allowance for fraud- 1. Dolph Briscoe, III, Carrizo Springs, Federal Reserve Board Clearance prevention costs incurred by issuers. Texas, individually and as trustee of the Officer—Nuha Elmaghrabi—Office of The regulation permits an issuer to Dolph Briscoe, III Child’s Disclaimer the Chief Data Officer, Board of receive or charge an amount of no more Trust, Dolph Briscoe IV Trust and James Governors of the Federal Reserve than 1 cent per transaction in addition Leigh Briscoe Trust; Janey B. Marmion, System, Washington, DC 20551 (202) to its interchange transaction fee if the Uvalde, Texas, individually and as 452–3829. Telecommunications Device issuer develops and implements trustee of the Janey B. Marmion for the Deaf (TDD) users may contact policies and procedures that are Revocable Trust and the Janey B. (202) 263–4869, Board of Governors of reasonably designed to take effective Marmion Child’s Trust No. 2; Cele B. the Federal Reserve System, steps to reduce the occurrence of, and Carpenter, Dallas, Texas, individually Washington, DC 20551. costs to all parties from, fraudulent and as trustee of the Cele B. Carpenter OMB Desk Officer—Shagufta electronic debit transactions. An issuer Child’s Disclaimer Trust and Cele B. Ahmed—Office of Information and must notify its payment card networks Carpenter 2008 Trust; John W. Regulatory Affairs, Office of annually that it complies with the Carpenter, III, Dallas, Texas, trustee of Management and Budget, New Federal Reserve’s standards for the the Benjamin H. Carpenter 2012 Legacy Executive Office Building, Room 10235, fraud-prevention adjustment. Trust, Austin W. Carpenter 2012 Legacy 725 17th Street NW., Washington, DC Regulation II requires issuers to retain Trust and Bonner B. Carpenter 2012 20503. evidence of compliance with the Legacy Trust; Dolph Briscoe, IV, Austin, Final approval under OMB delegated requirements imposed for a period of Texas; James Leigh Briscoe, Uvalde, authority of the extension, without not less than five years after the end of Texas; Benjamin H. Carpenter, II, revision, of the following reports: the calendar year in which the Dallas, Texas; Austin W. Carpenter, 1. Report title: Recordkeeping and electronic debit transaction occurred. Dallas, Texas; and Bonner B. Carpenter, Disclosure Requirements Associated Current Actions: On September 15, Dallas, Texas; collectively acting as a with Regulation II (Debit Card 2015 the Federal Reserve published a group in concert, to retain voting shares Interchange Fees and Routing). notice in the Federal Register (80 FR of Briscoe Ranch, Inc., Uvalde, Texas, Agency form number: Reg II. 55360) requesting public comment for and thereby indirectly retain voting OMB control number: 7100–0349. 60 days on the extension, without shares of First State Bank of Uvalde, Frequency: On occasion. revision, of the Recordkeeping and

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Disclosure Requirements Associated the BSA and related regulations. There Governors not later than January 4, with Regulation II (Debit Card are no required reporting forms 2016. Interchange Fees and Routing). The associated with this information A. Federal Reserve Bank of Atlanta comment period for this notice expired collection. (Chapelle Davis, Assistant Vice on November 16, 2015. The Federal Current Actions: On September 15, President) 1000 Peachtree Street NE., Reserve did not receive any comments. 2015 the Federal Reserve published a Atlanta, Georgia 30309: The information collection will be notice in the Federal Register (80 FR 1. Seacoast Banking Corporation of extended for three years, without 55360) requesting public comment for Florida, Stuart, Florida; to merge with revision, as proposed. 60 days on the extension, without Floridian Financial Group, Mary, 2. Report title: Recordkeeping revision, of the Recordkeeping Florida, and thereby acquire its Requirements of Regulation H and Requirements of Regulation H and subsidiary, Floridian Bank, Daytona Regulation K Associated with Bank Regulation K Associated with Bank Beach, Florida. Secrecy Act Compliance Programs. Secrecy Act Compliance Programs. The Board of Governors of the Federal Reserve Agency form number: Reg K. comment period for this notice expired System, December 2, 2015. OMB control number: 7100–0310. on November 16, 2015. The Federal Michael J. Lewandowski, Frequency: Annually. Reserve did not receive any comments. Reporters: State member banks; Edge Associate Secretary of the Board. The information collection will be and agreement corporations; and U.S. [FR Doc. 2015–30856 Filed 12–7–15; 8:45 am] extended for three years, without branches, agencies, and other offices of BILLING CODE 6210–01–P revision, as proposed. foreign banks supervised by the Federal Reserve. Board of Governors of the Federal Reserve Estimated annual reporting hours: System, December 3, 2015. FEDERAL RESERVE SYSTEM Establish compliance program, 160 Robert deV. Frierson, Change in Bank Control Notices; hours; and maintenance of compliance Secretary of the Board. Acquisitions of Shares of a Bank or program, 4,872 hours. [FR Doc. 2015–30855 Filed 12–7–15; 8:45 am] Bank Holding Company Estimated average hours per response: BILLING CODE 6210–01–P Establish compliance program, 16 The notificants listed below have hours; and maintenance of compliance applied under the Change in Bank program, 4 hours. FEDERAL RESERVE SYSTEM Control Act (12 U.S.C. 1817(j)) and Number of respondents: Establish § 225.41 of the Board’s Regulation Y (12 compliance program, 10; and Formations of, Acquisitions by, and CFR 225.41) to acquire shares of a bank maintenance of compliance program, Mergers of Bank Holding Companies or bank holding company. The factors 1,218. The companies listed in this notice that are considered in acting on the General description of report: The notices are set forth in paragraph 7 of standards for Bank Secrecy Act (BSA) have applied to the Board for approval, pursuant to the Bank Holding Company the Act (12 U.S.C. 1817(j)(7)). compliance programs associated with The notices are available for Act of 1956 (12 U.S.C. 1841 et seq.) section 208.63 of Regulation H and with immediate inspection at the Federal (BHC Act), Regulation Y (12 CFR part sections 211.5(m)(1) and 211.24(j)(1) of Reserve Bank indicated. The notices 225), and all other applicable statutes Regulation K are generally authorized also will be available for inspection at and regulations to become a bank pursuant to the BSA. In addition, the offices of the Board of Governors. holding company and/or to acquire the sections 11, 21, 25, and 25A of the Interested persons may express their assets or the ownership of, control of, or Federal Reserve Act authorize the Board views in writing to the Reserve Bank the power to vote shares of a bank or to require the information collection indicated for that notice or to the offices bank holding company and all of the and recordkeeping requirements set of the Board of Governors. Comments banks and nonbanking companies forth in Regulations H and K. Section 5 must be received not later than owned by the bank holding company, of the Bank Holding Company Act and December 23, 2015. section 13(a) of the International including the companies listed below. A. Federal Reserve Bank of Atlanta Banking Act provide further authority The applications listed below, as well (Chapelle Davis, Assistant Vice for sections 211.5(m) and 211.24(j)(1) of as other related filings required by the President) 1000 Peachtree Street NE., Regulation K. Since the Federal Reserve Board, are available for immediate Atlanta, Georgia 30309: does not collect any information, no inspection at the Federal Reserve Bank 1. Robert Lee Pike, Jr., Panama City, issue of confidentiality normally arises. indicated. The applications will also be Florida, and the RLP 2012 Children’s However, if a BSA compliance program available for inspection at the offices of Trust, Panama City, Florida with Johnna becomes a Federal Reserve record the Board of Governors. Interested Lombard, Manhasset, New York, as during an examination, the information persons may express their views in Trustee; to acquire voting shares of may be protected from disclosure under writing on the standards enumerated in PrimeSouth Bancshares, Inc., and exemptions (b)(4) and (b)(8) of the the BHC Act (12 U.S.C. 1842(c)). If the thereby indirectly acquire voting shares Freedom of Information Act. proposal also involves the acquisition of of PrimeSouth Bank, both in Tallassee, Abstract: Section 208.63 of Regulation a nonbanking company, the review also Alabama. H requires state member banks to includes whether the acquisition of the B. Federal Reserve Bank of Chicago establish and maintain the same nonbanking company complies with the (Colette A. Fried, Assistant Vice procedures. Sections 211.5(m)(1) and standards in section 4 of the BHC Act President) 230 South LaSalle Street, 211.24(j)(1) of Regulation K require Edge (12 U.S.C. 1843). Unless otherwise Chicago, Illinois 60690–1414: and agreement corporations and U.S. noted, nonbanking activities will be 1. Robert F. Hingst, Trustee of Robert branches, agencies, and other offices of conducted throughout the United States. F. Hingst GST Trust; Robert F. Hingst foreign banks supervised by the Federal Unless otherwise noted, comments GST Trust; together with William H. Reserve to establish and maintain regarding each of these applications Hingst, Trustee of William H. Hingst procedures reasonably designed to must be received at the Reserve Bank GST Trust and Trustee of the William H. ensure and monitor compliance with indicated or the offices of the Board of Hingst Living Trust; William H. Hingst

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GST Trust and William H. Hingst Living includes whether the acquisition of the Closed to the Public Trust; Robert F. Hingst and Mary M. nonbanking company complies with the 5. Security Hingst, Co Trustees of Mary M. Hingst standards in section 4 of the BHC Act FOR FURTHER INFORMATION CONTACT: Living Trust; Mary M. Hingst Living (12 U.S.C. 1843). Unless otherwise Kimberly Weaver, Director, Office of Trust; John C. Hingst; Katherine H. noted, nonbanking activities will be External Affairs, (202) 942–1640. Hingst, all of Kokomo, Indiana; conducted throughout the United States. Theodore J. Hingst, Trustee of Theodore Unless otherwise noted, comments Dated: December 4, 2015. J. Hingst GST Trust and Trustee of Ted regarding each of these applications Megan Grumbine, Hingst Living Trust; Theodore J. Hingst must be received at the Reserve Bank Deputy General Counsel, Federal Retirement GST Trust and Ted Hingst Living Trust, indicated or the offices of the Board of Thrift Investment Board. all of Lafayette, Indiana, as a group Governors not later than January 4, [FR Doc. 2015–31031 Filed 12–4–15; 4:15 pm] acting in concert; to retain voting shares 2016. BILLING CODE 6760–01–P of Community First Financial A. Federal Reserve Bank of St. Louis Corporation, and thereby indirectly (Yvonne Sparks, Community acquire voting shares of Community Development Officer) P.O. Box 442, St. FEDERAL TRADE COMMISSION First Bank of Indiana, both in Kokomo, Louis, Missouri 63166–2034: Indiana. 1. First United Bancorp, Inc., [File No. 151 0090] C. Federal Reserve Bank of Madisonville, Kentucky; to merge with Minneapolis (Jacquelyn K. Brunmeier, NXP Semiconductors N.V.; Analysis To Town & Country Financial, Inc., and Aid Public Comment Assistant Vice President) 90 Hennepin thereby indirectly acquire Bank of Ohio Avenue, Minneapolis, Minnesota County, both in Beaver Dam, Kentucky. AGENCY: Federal Trade Commission. 55480–0291: B. Federal Reserve Bank of Dallas ACTION: Proposed consent agreement. 1. Austin D. McLaen and Matthew S. (Robert L. Triplett III, Senior Vice McLaen, both of Forman, North Dakota, President) 2200 North Pearl Street, SUMMARY: The consent agreement in this both to remain members of the McLaen Dallas, Texas 75201–2272: matter settles alleged violations of family shareholder group, and retain 1. BankCap Equity Fund LLC, federal law prohibiting unfair methods voting shares of Sargent Bankshares, BankCap Partners GP L.P., and of competition. The attached Analysis to Inc., and thereby indirectly retain voting BankCap Partners Fund I, L.P., both in Aid Public Comment describes both the shares of Sargent County Bank, both in Dallas, Texas; to acquire through allegations in the draft complaint and Forman, North Dakota. BankCap Partners Opportunity Fund, the terms of the consent order— Board of Governors of the Federal Reserve L.P., Dallas, Texas, up to 23.2 percent of embodied in the consent agreement— System, December 3, 2015. the voting shares of Vista Bancshares, that would settle these allegations. Michael J. Lewandowski, Inc., and thereby indirectly acquire DATES: Comments must be received on Associate Secretary of the Board. Vista Bank, both in Ralls, Texas. or before December 28, 2015. [FR Doc. 2015–30870 Filed 12–7–15; 8:45 am] Board of Governors of the Federal Reserve ADDRESSES: Interested parties may file a BILLING CODE 6210–01–P System, December 3, 2015. comment at https:// Michael J. Lewandowski, ftcpublic.commentworks.com/ftc/ Associate Secretary of the Board. nxpsemiconductorsconsent online or on FEDERAL RESERVE SYSTEM paper, by following the instructions in [FR Doc. 2015–30871 Filed 12–7–15; 8:45 am] the Request for Comment part of the BILLING CODE 6210–01–P Formations of, Acquisitions by, and SUPPLEMENTARY INFORMATION section Mergers of Bank Holding Companies below. Write ‘‘NXP Semiconductors The companies listed in this notice N.V.—Consent Agreement; File No.151– have applied to the Board for approval, FEDERAL RETIREMENT THRIFT 0090’’ on your comment and file your pursuant to the Bank Holding Company INVESTMENT BOARD comment online at https:// Act of 1956 (12 U.S.C. 1841 et seq.) ftcpublic.commentworks.com/ftc/ (BHC Act), Regulation Y (12 CFR part Sunshine Act; Notice of Meeting nxpsemiconductorsconsent by following 225), and all other applicable statutes the instructions on the web-based form. TIME AND DATE: 10:00 a.m. (Eastern If you prefer to file your comment on and regulations to become a bank Time) December 14, 2015 (Telephonic). holding company and/or to acquire the paper, write ‘‘NXP Semiconductors assets or the ownership of, control of, or PLACE: 10th Floor Board Meeting Room, N.V.—Consent Agreement; File No.151– the power to vote shares of a bank or 77 K Street NE., Washington, DC 20002. 0090’’ on your comment and on the bank holding company and all of the STATUS: Parts will be open to the public envelope, and mail your comment to the banks and nonbanking companies and parts will be closed to the public. following address: Federal Trade owned by the bank holding company, MATTERS TO BE CONSIDERED: Commission, Office of the Secretary, including the companies listed below. 600 Pennsylvania Avenue NW., Suite The applications listed below, as well Open to the Public CC–5610 (Annex D), Washington, DC as other related filings required by the 1. Approval of the Minutes for the 20580, or deliver your comment to the Board, are available for immediate November 25, 2015 Board Member following address: Federal Trade inspection at the Federal Reserve Bank Meeting Commission, Office of the Secretary, indicated. The applications will also be 2. Monthly Reports Constitution Center, 400 7th Street SW., available for inspection at the offices of (a) Monthly Participant Activity 5th Floor, Suite 5610 (Annex D), the Board of Governors. Interested Report Washington, DC 20024. persons may express their views in (b) Monthly Investment Performance FOR FURTHER INFORMATION CONTACT: writing on the standards enumerated in Report Meredith Levert (202–326–2881), the BHC Act (12 U.S.C. 1842(c)). If the (c) Legislative Report Bureau of Competition, 600 proposal also involves the acquisition of 3. Quarterly Metrics Report Pennsylvania Avenue NW., Washington, a nonbanking company, the review also 4. OGC Report and Annual Presentation DC 20580.

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SUPPLEMENTARY INFORMATION: Pursuant you have to follow the procedure anticompetitive effects resulting from to Section 6(f) of the Federal Trade explained in FTC Rule 4.9(c), 16 CFR NXP’s proposed acquisition of Freescale Commission Act, 15 U.S.C. 46(f), and 4.9(c).1 Your comment will be kept Semiconductor Ltd. (‘‘Freescale’’). FTC Rule 2.34, 16 CFR 2.34, notice is confidential only if the FTC General On March 1, 2015, NXP and Freescale hereby given that the above-captioned Counsel, in his or her sole discretion, executed an Agreement and Plan of consent agreement containing consent grants your request in accordance with Merger (‘‘Merger Agreement’’) pursuant orders to cease and desist, having been the law and the public interest. to which NXP will acquire all of filed with and accepted, subject to final Postal mail addressed to the Freescale’s common stock in a approval, by the Commission, has been Commission is subject to delay due to transaction valued at approximately placed on the public record for a period heightened security screening. As a $11.8 billion (‘‘Acquisition’’). The of thirty (30) days. The following result, we encourage you to submit your proposed Acquisition would combine Analysis to Aid Public Comment comments online. To make sure that the the two largest suppliers of RF power describes the terms of the consent Commission considers your online amplifiers. The Commission’s agreement, and the allegations in the comment, you must file it at https:// Complaint alleges that the proposed complaint. An electronic copy of the ftcpublic.commentworks.com/ftc/ Acquisition, if consummated, would full text of the consent agreement nxpsemiconductorsconsent by following violate Section 7 of the Clayton Act, as package can be obtained from the FTC the instructions on the web-based form. amended, 15 U.S.C. 18, and Section 5 of Home Page (for November 25, 2015), on If this Notice appears at http:// the FTC Act, as amended, 15 U.S.C. 45, the World Wide Web, at http:// www.regulations.gov/#!home, you also by substantially lessening competition www.ftc.gov/os/actions.shtm. may file a comment through that Web in the worldwide market for RF power You can file a comment online or on site. amplifiers. paper. For the Commission to consider If you file your comment on paper, Under the terms of the proposed your comment, we must receive it on or write ‘‘NXP Semiconductors N.V.— Decision and Order (‘‘Order’’) contained before December 28, 2015. Write ‘‘NXP Consent Agreement; File No.151–0090’’ in the Consent Agreement, NXP is Semiconductors N.V.—Consent on your comment and on the envelope, required, no later than ten days from the Agreement; File No.151–0090’’ on your and mail your comment to the following close of the NXP/Freescale transaction, comment. Your comment—including address: Federal Trade Commission, to divest its RF power amplifier assets your name and your state—will be Office of the Secretary, 600 to Jianguang Asset Management Co., placed on the public record of this Pennsylvania Avenue NW., Suite CC– Ltd. (‘‘JAC’’). The divestiture package proceeding, including, to the extent 5610 (Annex D), Washington, DC 20580, includes a manufacturing facility, practicable, on the public Commission or deliver your comment to the manufacturing equipment, intellectual Web site, at http://www.ftc.gov/os/ following address: Federal Trade property, and customer and supplier publiccomments.shtm. As a matter of Commission, Office of the Secretary, contracts. NXP’s RF power employees, discretion, the Commission tries to Constitution Center, 400 7th Street SW., including the leadership of the business, remove individuals’ home contact 5th Floor, Suite 5610 (Annex D), will also transfer to JAC. The Consent information from comments before Washington, DC 20024. If possible, Agreement provides JAC with placing them on the Commission Web submit your paper comment to the everything needed to compete site. Commission by courier or overnight effectively in the RF power amplifier Because your comment will be made service. market. public, you are solely responsible for Visit the Commission Web site at The Consent Agreement has been making sure that your comment does http://www.ftc.gov to read this Notice placed on the public record for 30 days not include any sensitive personal and the news release describing it. The to solicit comments from interested information, like anyone’s Social FTC Act and other laws that the persons. Comments received during this Security number, date of birth, driver’s Commission administers permit the period will become part of the public license number or other state collection of public comments to record. After 30 days, the Commission identification number or foreign country consider and use in this proceeding as will again review the Consent equivalent, passport number, financial appropriate. The Commission will Agreement and the comments received, account number, or credit or debit card consider all timely and responsive and decide whether it should withdraw number. You are also solely responsible public comments that it receives on or from the Consent Agreement, modify it, for making sure that your comment does before December 28, 2015. You can find or make it final. not include any sensitive health more information, including routine The Parties information, like medical records or uses permitted by the Privacy Act, in other individually identifiable health the Commission’s privacy policy, at Headquartered in the Netherlands, information. In addition, do not include http://www.ftc.gov/ftc/privacy.htm. NXP is a semiconductor developer and any ‘‘[t]rade secret or any commercial or manufacturer specializing in high financial information which . . . is Analysis of Agreement Containing performance mixed signal devices for a privileged or confidential,’’ as discussed Consent Orders To Aid Public Comment variety of industries. NXP designs, in Section 6(f) of the FTC Act, 15 U.S.C. The Federal Trade Commission manufactures, and sells RF power 46(f), and FTC Rule 4.10(a)(2), 16 CFR (‘‘Commission’’) has accepted from NXP amplifiers, among other products, 4.10(a)(2). In particular, do not include Semiconductors N.V. (‘‘NXP’’), subject through its Secure Interface & Power competitively sensitive information to final approval, an Agreement division. such as costs, sales statistics, Containing Consent Orders (‘‘Consent Headquartered in Austin, Texas, inventories, formulas, patterns, devices, Agreement’’) designed to remedy the Freescale is a manufacturer of stand- manufacturing processes, or customer alone semiconductors that perform names. 1 In particular, the written request for confidential dedicated power usage functions in a If you want the Commission to give treatment that accompanies the comment must variety of electronic systems for include the factual and legal basis for the request, your comment confidential treatment, and must identify the specific portions of the automotive, networking, industrial, and you must file it in paper form, with a comment to be withheld from the public record. See consumer applications. Freescale request for confidential treatment, and FTC Rule 4.9(c), 16 CFR 4.9(c). designs, manufactures, and sells RF

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power amplifiers through its Radio Hirschman Index from 2,203 to 4,040 (a and technologies that are exclusively or Frequency division. delta of 1,837). This increase in predominantly used for the RF power concentration far exceeds the thresholds amplifier business, and a royalty-free The Relevant Market and Market set out in the Horizontal Merger license to use all other NXP patents and Structure Guidelines for raising a presumption technologies required by that business. The relevant line of commerce in that the Acquisition would create or Finally, the divestiture package includes which to analyze the effects of the enhance market power. the transition of NXP’s RF power Acquisition is no broader than RF Entry amplifier employees, including the power amplifiers. RF power amplifiers complete management team, to JAC. (also referred to as RF power transistors) Entry into the RF power amplifier are high power (>1 watt average output market is not likely to deter or The manufacturing assets in the power) semiconductors that increase the counteract any anticompetitive effects of divestiture package include NXP’s RF strength of radio signals transmitted the proposed Acquisition. Entry is power amplifier back-end between electronic devices. The largest unlikely in light of high capital costs, manufacturing assets (including the application for RF power amplifiers, significant switching costs by portion of the Philippines facility accounting for roughly 70% of revenues, customers, and the considerable time it dedicated to these products) but not its is wireless infrastructure—i.e., cellular would take for customers to develop front-end manufacturing assets. Instead, base stations (cell towers). Other trust in a new entrant’s products. The JAC will outsource its front-end applications include aviation, same barriers would apply to an manufacturing to a third-party wafer industrial, broadcasting, and non- expansion into LDMOS-based RF power foundry. In the interim, the Order cellular communications such as land amplifiers by companies that currently requires that, at the request of JAC and mobile radio, as well as potential future supply only GaN-based RF power in a manner approved by the applications for cooking and lighting. amplifiers. Commission, NXP must provide front- RF power transistors are manufactured end wafer manufacturing for a period of using specialty process technologies in Effects of the Acquisition up to sixty months. Similarly, the Order order to deliver high output power and Absent a divestiture, the proposed also requires NXP to provide support heat dissipation. The two principal Acquisition is likely to cause services such as logistical and technologies are (i) silicon based competitive harm in the market for RF administrative support for a period of laterally-diffused metal oxide power amplifiers. NXP and Freescale up to thirty-six months. semiconductor (‘‘LDMOS’’) and (ii) compete directly for RF power amplifier In addition, the Order includes other gallium nitride on silicon carbide sales, and customers benefit from that standard terms designed to ensure the substrate (‘‘GaN’’). LDMOS technology competition in terms of both pricing and viability of the divested business. NXP accounts for roughly 90% of RF power product innovation. Customers describe must assist JAC in hiring the existing amplifiers used in wireless NXP and Freescale as each other’s work force of NXP’s RF power amplifier infrastructure. According to customers closest competitors, and the parties business, and must refrain from and other market participants, there are appear to view each other the same way. soliciting those employees for two years. no substitutes for RF power amplifiers. By eliminating the competition between A Monitor will oversee NXP’s The relevant geographic market for RF NXP and Freescale, the proposed compliance with the obligations set power amplifiers is worldwide. The Acquisition likely would lead to forth in the Order. If NXP does not fully three major RF power amplifier unilateral effects in the form of higher comply with the divestiture and suppliers (see below) manufacture the prices and reduced innovation, requirements of the Order, the products in facilities around the world, particularly in the wireless Commission may appoint a Divestiture and ship the products from those infrastructure segment. Trustee to divest the RF power amplifier facilities to customer locations The Consent Agreement assets and perform NXP’s other worldwide. There are currently no obligations consistent with the Order. regulatory barriers, tariffs, or technical The Consent Agreement restores the specifications that impede worldwide competition lost from NXP’s proposed Given the robustness of the divested trade, and transportation costs are low. acquisition of Freescale by requiring business and the protections contained The RF power amplifier market is NXP to divest its RF power amplifier in the Order, the divestiture of NXP’s RF characterized by a limited number of business to JAC, a Chinese private power amplifier assets to JAC is likely suppliers, including Freescale, the equity management fund. The proposed to preserve competition. Potential largest supplier with 36.6% of the divestiture includes everything needed customers have confirmed that the market, and NXP, the second-largest for JAC to compete effectively in the divested assets include everything supplier with 25.1% of the market. worldwide market for RF power necessary to compete effectively as a Infineon Technologies AG (‘‘Infineon’’) amplifiers. viable business. Similarly, potential is the third largest supplier. Freescale, Under the Order, NXP is required, no customers have confirmed that JAC NXP, and Infineon are the only later than ten days from the close of the would be a workable option as a meaningful suppliers of LDMOS-based NXP/Freescale transaction, to divest its supplier. RF power amplifiers. Infineon, however, RF power amplifier assets to JAC. The Opportunity for Public Comment has a significantly smaller RF power assets to be divested include a portfolio than either Freescale or NXP. manufacturing facility located in The purpose of this analysis is to Several additional companies supply Cabuyao (Philippines), a building in facilitate public comment on the GaN-based RF power amplifiers only, Nijmegen (the Netherlands) to house Consent Agreement to aid the but have small market shares. management and certain R&D and Commission in determining whether it The proposed NXP/Freescale testing labs, all manufacturing and R&D should make the Consent Agreement combination would cause a moderately assets used primarily for the RF power final. This analysis is not an official concentrated market for RF power amplifier business, and customer interpretation of the proposed Consent amplifiers to become highly support equipment. Additionally, the Agreement and does not modify its concentrated, increasing the Herfindahl- divestiture package includes all patents terms in any way.

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By direction of the Commission. Proposed Project questionnaire. In addition, a subsample Donald S. Clark, National Health Interview Survey of NHIS respondents may be identified Secretary. (NHIS) (OMB Control No. 0920–0214, to participate in a pilot test to assess the [FR Doc. 2015–30894 Filed 12–7–15; 8:45 am] expires 12/31/2017)—Revision— feasibility of integrating wearable devices into the NHIS data collection BILLING CODE 6750–01–P National Center for Health Statistics (NCHS), Centers for Disease Control and process. The aim is to directly track Prevention (CDC). health measurements, to compare those measurements to the self-reported DEPARTMENT OF HEALTH AND health information provided by HUMAN SERVICES Background and Brief Description respondents, and to assess the role of Centers for Disease Control and Section 306 of the Public Health devices in reducing respondent burden. Prevention Service (PHS) Act (42 U.S.C. 242k), as A new sampling strategy is being amended, authorizes that the Secretary implemented in 2016 and for the [30Day–15–0214; Docket No. CDC–2015– foreseeable future. This new sampling 0076] of Health and Human Services (DHHS), acting through NCHS, shall collect data design is necessitated by the prior 2006– on the extent and nature of illness and 2015 sample being exhausted, and will Agency Forms Undergoing Paperwork take into account demographic shifts in disability of the population of the Reduction Act Review the U.S. civilian noninstitutionalized United States. The annual National population. It will also be more flexible The Centers for Disease Control and Health Interview Survey is a major allowing for additions and contractions Prevention (CDC) has submitted the source of general statistics on the health to reflect funding availability and to following information collection request of the U.S. population and has been in meet estimation goals. As in previous to the Office of Management and Budget the field continuously since 1957. years, the base sample will remain at (OMB) for review and approval in Clearance is sought for three years, to approximately 35,000 completed accordance with the Paperwork collect data from 2016 to 2018. This household interviews annually. To Reduction Act of 1995. The notice for voluntary and confidential household- balance the precision of national and the proposed information collection is based survey collects demographic and state-based estimates, most of the published to obtain comments from the health-related information from a sample (approximately 25,000 public and affected agencies. Written nationally representative sample of completed interviews) will be allocated comments and suggestions from the noninstitutionalized, civilian persons proportionally to the state population to public and affected agencies concerning and households throughout the country. maximize the precision of national-level the proposed collection of information Personal identification information is estimates. A smaller portion of the are encouraged. Your comments should requested from survey respondents to sample (approximately 10,000 address any of the following: (a) facilitate linkage of survey data with completed interviews) will be shifted to Evaluate whether the proposed health-related administrative and other increase sample in the 10 least populous collection of information is necessary records. In 2016 the NHIS will collect states, enabling state-level estimates of for the proper performance of the information from approximately 45,000 key variables to be produced for all 50 functions of the agency, including households, which contain about states and DC by pooling 3 years of data. whether the information will have 112,000 individuals. This flexibility embedded in the new practical utility; (b) Evaluate the Information is collected using sampling plan reflects. Additional accuracy of the agencies estimate of the computer assisted personal interviews funding to improve state-level estimates burden of the proposed collection of (CAPI). A core set of data is collected will increase the sample by almost information, including the validity of each year that remains largely 10,000 completed interviews in midsize the methodology and assumptions used; unchanged, whereas sponsored states bringing the total expected sample (c) Enhance the quality, utility, and supplements vary from year to year. The size in 2016 to 45,000 households. clarity of the information to be core set includes socio-demographic Whereas the sampling frame for the collected; (d) Minimize the burden of characteristics, health status, health care NHIS has traditionally used field listing the collection of information on those services, and health behaviors. For by the Census Bureau, in order to who are to respond, including through 2016, supplemental questions will be contain costs, the new frame will use a the use of appropriate automated, cycled in pertaining to balance, blood commercially available address list that electronic, mechanical, or other donation, chronic pain, diabetes, and covers residential addresses within all technological collection techniques or vision. Supplemental topics that 50 states and the District of Columbia. other forms of information technology, continue or are enhanced from 2015 Some field listing will be undertaken to e.g., permitting electronic submission of pertain to family food security, heart improve coverage in rural areas, in high responses; and (e) Assess information disease and stroke, inflammatory bowel density areas, and of university housing collection costs. To request additional disease, hepatitis B and C screening, units. This represents a substantial information on the proposed project or children’s mental health, disability and reduction in the number of listings to obtain a copy of the information functioning, smokeless tobacco and e- performed annually. collection plan and instruments, call cigarettes, and immunizations. It is anticipated that this new (404) 639–7570 or send an email to Questions from 2015 on cancer control, sampling plan will not affect estimates [email protected]. Direct written comments epilepsy, and occupational health have generated using NHIS data. To monitor and/or suggestions regarding the items been removed. In addition to these core the new design’s performance, NHIS contained in this notice to the and supplemental modules, a follow- analysts will perform monthly checks in Attention: CDC Desk Officer, Office of back survey will be conducted on line with the ones currently performed Management and Budget, Washington, previous NHIS respondents to collect as part of routine data review. NCHS DC 20503 or by fax to (202) 395-5806. additional health related information receives raw data files monthly from the Written comments should be received using alternative question wording and Census Bureau for processing and within 30 days of this notice. data collection modes as a testbed for quality review. Each year, results from the intended 2018 redesign of the NHIS the January sample are compared to the

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previous year to determine whether the battery were similarly affected. long been used by government, results consistent. In addition to Persistent differences will be examined academic, and private researchers to comparing the unweighted and to determine whether there is any other evaluate both general health and weighted frequencies, the input and interviewer effect such as results specific issues, such as smoking, output specifications are reviewed, and comparing newly hired and experienced diabetes, health care coverage, and the flowcharts are compared to the skip interviewers and newly added primary access to health care. It is a leading instructions and universes for each sampling units compared to continuing source of data for the Congressionally- question. If a difference is found, steps primary sampling units. In addition, mandated ‘‘Health US’’ and related are taken to determine whether the national estimates on the key set of publications, as well as the single most change is legitimate or whether there is indicators that are released in a important source of statistics to track a factor other than the programming of quarterly report as part of the Early progress toward the National Health the questionnaire such as the location or Release program will be monitored by Promotion and Disease Prevention context of the question in the NHIS analysts. Objectives, ‘‘Healthy People 2020.’’ questionnaire. If a difference persists, In accordance with the 1995 initiative Burden hours have seen a net increase the paradata are reviewed to determine to increase the integration of surveys of 1,367 hours compared to 2015 due to whether there are changes in the mean within the DHHS, respondents to the the removal of the screener or median time spent on that question, NHIS serve as the sampling frame for questionnaire and the addition of the whether interviewers had a high rate of the Medical Expenditure Panel Survey questionnaire redesign activities. There backing up to return to that question, conducted by the Agency for Healthcare is no cost to the respondents other than and whether other questions in that Research and Quality. The NHIS has their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Adult Family Member ...... Family Questionnaire ...... 45,000 1 23/60 Sample Adult ...... Sample Adult Questionnaire ...... 36,000 1 15/60 Adult Family Member ...... Sample Child Questionnaire ...... 14,000 1 10/60 Adult Family Member ...... Supplements ...... 45,000 1 20/60 Adult Family Member ...... Special Projects ...... 15,000 1 20/60 Adult Family Member ...... Reinterview Questions ...... 5,000 1 5/60

Total ...... 49,000

Leroy A. Richardson, extension or reinstatement of an existing Attention: CMS Desk Officer, Fax Chief, Information Collection Review Office, collection of information, and to allow Number: (202) 395–5806 OR, Email: Office of Scientific Integrity, Office of the a second opportunity for public [email protected]. Associate Director for Science, Office of the comment on the notice. Interested To obtain copies of a supporting Director, Centers for Disease Control and persons are invited to send comments statement and any related forms for the Prevention. regarding the burden estimate or any proposed collection(s) summarized in [FR Doc. 2015–30854 Filed 12–7–15; 8:45 am] other aspect of this collection of this notice, you may make your request BILLING CODE 4163–18–P information, including any of the using one of following: following subjects: (1) The necessity and 1. Access CMS’ Web site address at utility of the proposed information DEPARTMENT OF HEALTH AND http://www.cms.hhs.gov/ collection for the proper performance of HUMAN SERVICES PaperworkReductionActof1995. the agency’s functions; (2) the accuracy 2. Email your request, including your Centers for Medicare & Medicaid of the estimated burden; (3) ways to address, phone number, OMB number, Services enhance the quality, utility, and clarity and CMS document identifier, to of the information to be collected; and [email protected]. [Document Identifiers: CMS–10583] (4) the use of automated collection 3. Call the Reports Clearance Office at techniques or other forms of information Agency Information Collection (410) 786–1326. technology to minimize the information Activities: Submission for OMB FOR FURTHER INFORMATION CONTACT: collection burden. Review; Comment Request Reports Clearance Office at (410) 786– DATES: Comments on the collection(s) of 1326. ACTION: Notice. information must be received by the SUPPLEMENTARY INFORMATION: Under the OMB desk officer by January 7, 2016: SUMMARY: The Centers for Medicare & Paperwork Reduction Act of 1995 (PRA) Medicaid Services (CMS) is announcing ADDRESSES: When commenting on the (44 U.S.C. 3501–3520), federal agencies an opportunity for the public to proposed information collections, must obtain approval from the Office of comment on CMS’ intention to collect please reference the document identifier Management and Budget (OMB) for each information from the public. Under the or OMB control number. To be assured collection of information they conduct Paperwork Reduction Act of 1995 consideration, comments and or sponsor. The term ‘‘collection of (PRA), federal agencies are required to recommendations must be received by information’’ is defined in 44 U.S.C. publish notice in the Federal Register the OMB desk officer via one of the 3502(3) and 5 CFR 1320.3(c) and concerning each proposed collection of following transmissions: OMB, Office of includes agency requests or information, including each proposed Information and Regulatory Affairs, requirements that members of the public

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submit reports, keep records, or provide or other for-profit); Number of 1. Electronically. You may send your information to a third party. Section Respondents: 300; Total Annual comments electronically to http:// 3506(c)(2)(A) of the PRA (44 U.S.C. Responses: 3,700; Total Annual Hours: www.regulations.gov. Follow the 3506(c)(2)(A)) requires federal agencies 6,475. (For policy questions regarding instructions for ‘‘Comment or to publish a 30-day notice in the this collection contact Stuart Caplan at Submission’’ or ‘‘More Search Options’’ Federal Register concerning each 410–786–8564). to find the information collection proposed collection of information, Dated: December 3, 2015. document(s) that are accepting including each proposed extension or William N. Parham, III, comments. reinstatement of an existing collection 2. By regular mail. You may mail of information, before submitting the Director, Paperwork Reduction Staff, Office written comments to the following of Strategic Operations and Regulatory collection to OMB for approval. To Affairs. address: CMS, Office of Strategic comply with this requirement, CMS is Operations and Regulatory Affairs, [FR Doc. 2015–30892 Filed 12–7–15; 8:45 am] publishing this notice that summarizes Division of Regulations Development, the following proposed collection(s) of BILLING CODE 4120–01–P Attention: Document Identifier/OMB information for public comment: Control Number ll, Room C4–26–05, 1. Type of Information Collection DEPARTMENT OF HEALTH AND 7500 Security Boulevard, Baltimore, Request: New collection (Request for a HUMAN SERVICES Maryland 21244–1850. new OMB control number); Title of To obtain copies of a supporting Information Collection: Data Collection Centers for Medicare & Medicaid statement and any related forms for the for Medicare Beneficiaries Receiving Services proposed collection(s) summarized in Beta Amyloid Positron Emission this notice, you may make your request Tomography (PET) for Dementia and [Document Identifiers: CMS–R–193 and using one of following: Neurodegenerative Disease Use: In the CMS–R–244] 1. Access CMS’ Web site address at Decision Memorandum #CAG–00431N Agency Information Collection http://www.cms.hhs.gov/ issued on September 27, 2013, CMS Activities: Proposed Collection; PaperworkReductionActof1995. determined there is sufficient evidence Comment Request 2. Email your request, including your that the use of beta amyloid PET is address, phone number, OMB number, promising in 2 scenarios: (1) To exclude AGENCY: Centers for Medicare & and CMS document identifier, to Alzheimer’s Disease (AD) in narrowly Medicaid Services. [email protected]. defined and clinically difficult ACTION: Notice. 3. Call the Reports Clearance Office at differential diagnoses; and (2) to enrich (410) 786–1326. clinical trials seeking better treatments SUMMARY: The Centers for Medicare & FOR FURTHER INFORMATION CONTACT: or prevention strategies for AD. CMS Medicaid Services (CMS) is announcing Reports Clearance Office at (410) 786– will cover one beta amyloid PET scan an opportunity for the public to 1326. per patient through Coverage with comment on CMS’ intention to collect Evidence Development under section information from the public. Under the SUPPLEMENTARY INFORMATION: 1862(a)(1)(E) of the Social Security Act, Paperwork Reduction Act of 1995 (the Contents in clinical studies that meet specific PRA), federal agencies are required to criteria established by CMS. Clinical publish notice in the Federal Register This notice sets out a summary of the studies must be approved by CMS, concerning each proposed collection of use and burden associated with the involve subjects from appropriate information (including each proposed following information collections. More populations, and be comparative and extension or reinstatement of an existing detailed information can be found in longitudinal. Radiopharmaceuticals collection of information) and to allow each collection’s supporting statement used in the scan must be FDA approved. 60 days for public comment on the and associated materials (see Approved studies must address defined proposed action. Interested persons are ADDRESSES). research questions established by CMS. invited to send comments regarding our CMS–R–193 Important Message from Clinical studies in this National burden estimates or any other aspect of Medicare (IM) CMS–R–244 Programs for All- Coverage Determination (NCD) must this collection of information, including inclusive Care of the Elderly (PACE) adhere to the designated timeframe and any of the following subjects: (1) The and Supporting Regulations meet standards establish by CMS in the necessity and utility of the proposed Under the PRA (44 U.S.C. 3501– NCD. Consistent with section 1142 of information collection for the proper 3520), federal agencies must obtain the Social Security Act, the Agency for performance of the agency’s functions; approval from the Office of Management Healthcare and Quality (AHRQ) (2) the accuracy of the estimated and Budget (OMB) for each collection of supports clinical research studies that burden; (3) ways to enhance the quality, information they conduct or sponsor. CMS determines meet specifically utility, and clarity of the information to The term ‘‘collection of information’’ is identified requirements and research be collected; and (4) the use of defined in 44 U.S.C. 3502(3) and 5 CFR questions. automated collection techniques or 1320.3(c) and includes agency requests To qualify for payment, providers other forms of information technology to or requirements that members of the must prescribe beta amyloid PET for minimize the information collection public submit reports, keep records, or beneficiaries with a set of clinical burden. criteria specific to each cancer. Data provide information to a third party. elements will be transmitted to CMS for DATES: Comments must be received by Section 3506(c)(2)(A) of the PRA evaluation of the short and long-term February 8, 2016. requires federal agencies to publish a benefits of beta amyloid PET to ADDRESSES: When commenting, please 60-day notice in the Federal Register beneficiaries and for use in future reference the document identifier or concerning each proposed collection of clinical decision making. Form Number: OMB control number. To be assured information, including each proposed CMS–10583 (OMB control number: consideration, comments and extension or reinstatement of an existing 0938–NEW); Frequency: Annually; recommendations must be submitted in collection of information, before Affected Public: Private sector (Business any one of the following ways: submitting the collection to OMB for

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approval. To comply with this Number: CMS–R–244 (OMB Control (hereinafter referred to as Language requirement, CMS is publishing this Number: 0938–0790; Frequency: Once Preservation) (HHS–2014–ACF–ANA– notice. and occasionally; Affected Public: NL–0778); (6) Native Language Private sector (Not-for-profit Preservation and Maintenance—Esther Information Collection institutions); Number of Respondents: Martinez Immersion (hereinafter 1. Type of Information Collection 35; Total Annual Responses: 35; Total referred to as Language—EMI) (HHS– Request: Extension of a currently Annual Hours: 740. (For policy 2014–ACF–ANA–NB–0780); (7) approved collection; Title of questions regarding this collection Environmental Regulatory Enhancement Information Collection: Important contact John Hebb at 410–786–6657.) (hereinafter referred to as ERE) (HHS– Message from Medicare (IM); Use: Dated: December 3, 2015. 2014–ACF–ANA–NR–0777); and new Hospitals have used the IM to inform FOAs for FY2016—(8) Native Language original Medicare, Medicare Advantage, William N. Parham, III, Director, Paperwork Reduction Staff, Office Community Coordination and other Medicare plan beneficiaries Demonstration Project (hereinafter who are hospital inpatients about their of Strategic Operations and Regulatory Affairs. referred to as NLCC) (HHS–2016–ACF– hospital rights and discharge rights. In ANA–NS–1168); and (9) Native Youth particular, the IM provides information [FR Doc. 2015–30891 Filed 12–7–15; 8:45 am] BILLING CODE 4120–01–P Initiative for Leadership, Empowerment, about when a beneficiary will and will and Development (hereinafter referred not be liable for charges for a continued to as Native Youth I–LEAD) (HHS– stay in a hospital and offers a detailed DEPARTMENT OF HEALTH AND 2016–ACF–ANA–NC–1167) . This description of the Quality Improvement HUMAN SERVICES notice of public comment also provides Organization review process. Please additional information about ANA’s note that this iteration proposes non- Administration for Children and plan for administering the programs. substantive changes to the form. Form Families DATES: The deadline for receipt of Number: CMS–R–193 (OMB Control comments is 15 days from the date of Number: 0938–0692). Frequency: [CFDA Numbers: 93.581, 93.587, 93.612, publication in the Federal Register. Yearly; Affected Public: Private sector 93.340] (Business or other for-profit and Not-for- ADDRESSES: Send comments in response Request for Public Comment on the to this notice via email to Lillian Sparks profit institutions); Number of Proposed Adoption of Administration Respondents: 6,164; Total Annual Robinson, Commissioner, for Native Americans Program Policies Administration for Native Americans at Responses: 24,160,000; Total Annual and Procedures Hours: 3,624,000. (For policy questions [email protected]. regarding this collection contact Evelyn AGENCY: Administration for Native Comments will be available for Blaemire at 410–786–1803.) Americans, ACF, HHS. inspection by members of the public at 2. Type of Information Collection ACTION: Notice for public comment. the Administration for Native Request: Revision of a currently Americans, 330 C Street SW., approved collection; Title of SUMMARY: Pursuant to Section 814 of the Washington, DC 20201. Information Collection: Programs for Native American Programs Act of 1974 FOR FURTHER INFORMATION CONTACT: All-inclusive Care of the Elderly (PACE) (NAPA), as amended, the Carmelia Strickland, Director, Division and Supporting Regulations; Use: PACE Administration for Native Americans of Program Operations, ANA (877) 922– organizations must demonstrate their (ANA) is required to provide members 9262. ability to provide quality community- of the public an opportunity to SUPPLEMENTARY INFORMATION: Section based care for the frail elderly who meet comment on proposed changes in 814 of NAPA, as amended, requires their state’s nursing home eligibility interpretive rules and general ANA to provide notice of its proposed standards using capitated payments statements of policy, and to give notice interpretive rules and general from Medicare and the state. The model of the proposed adoption of such statements of policy. The proposed of care includes (as core services) the changes at least 30 days before the clarifications, modifications, and new provision of adult day health care and changes become effective. In accordance text will appear in the eight FY 2016 multidisciplinary team case with notice requirements of NAPA, FOAs: SEDS, SEDS–AK, SEEDS, management, through which access to ANA herein describes its proposed Language Preservation, Language—EMI, and allocation of all health services is interpretive rules, general statements of ERE, NLCC, and Native Youth I–LEAD. controlled. Physician, therapeutic, policy, and rules of agency procedure or This notice serves to fulfill this ancillary, and social support services practice as they relate to the Fiscal Year requirement. are provided in the participant’s (FY) 2016 Funding Opportunity residence or on-site at the adult day Announcements (FOA) for the following A. New Funding Opportunity health center. The PACE programs must programs: (1) Social and Economic Announcements (FOAs) provide all Medicare and Medicaid Development Strategies (hereinafter ANA will offer two new FOAs in FY covered services including hospital, referred to as SEDS) (HHS–2014–ACF– 2016. The proposed changes to FOA nursing home, home health, and other ANA–NA–0776); (2) Social and content and policies described in this specialized services. Financing of this Economic Development Strategies- Notice of Public Comment also will be model is accomplished through Alaska (hereinafter referred to as SEDS– applicable to the new FOAs described prospective capitation of both Medicare AK) (HHS–2015–ACF–ANA–NK–0960); here: and Medicaid payments. The (3) Native Asset Building Initiative 1. Native Youth Initiative for information collection requirements are (hereinafter referred to as NABI) (HHS– Leadership, Empowerment, and necessary to ensure that only 2015–ACF–ANA–NO–0954); (4) Development (I–LEAD) FOA; 42 U.S.C. appropriate organizations are selected to Sustainable Employment and Economic 2991b (HHS–2016–ACF–ANA–NC– become PACE organizations and that we Development Strategies (hereinafter 1167): ANA plans to publish a new FOA have the information necessary to referred to as SEEDS) (HHS–2014–ACF– to support projects that will take a monitor the care provided to the frail, ANA–NE–0779); (5) Native Language comprehensive, culturally-appropriate, vulnerable population served. Form Preservation and Maintenance approach to ensure all young Native

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people can thrive and reach their full career. Projects also will be required to the demonstration project is to facilitate potential by fostering Native youth provide appropriate and culturally- the coordination of Native language resilience, capacity building, and responsive curricula, Native language instruction and services among early leadership. The program will be known teacher professional development, and childhood development, elementary, as Native Youth Initiative for additional services and supports that are middle-school, high school, and higher Leadership, Empowerment, and aligned, implemented, and evaluated to education partners, we require third- Development (I–LEAD). create a seamless path for Native party agreements from each of the While youth development projects are language acquisition across generations identified partners describing or also eligible for funding under ANA’s for educational and economic success. demonstrating their commitment to the SEDS FOA, Native Youth I–LEAD will Awards made under this FOA will be 5-year project and to verify their role in specifically focus on implementation of cooperative agreements since ANA its implementation. The third-party community programs that promote anticipates substantial programmatic agreements should be included with the Native youth resiliency and foster involvement with the recipient during applicant’s submission to ANA. Without protective factors such as connections performance of financially-assisted ANA’s receipt of such signed and dated with Native languages and Elders, activities that will include specialized letters from authorized officials of the positive peer groups, culturally- and directed technical assistance and project’s organizational participants responsive parenting resources, models support across the cohort of recipients. prior to the start of the award of grant of safe sanctuary, and reconnection with This FOA will be published under funds, the applicant’s project cannot be traditional healing. Projects will also ANA’s Community Research, approved. promote Native youth leadership Demonstration and Pilot Projects CFDA development through the establishment Number, 93.340. Under the NAPA 42 B. Changes to Previously-Published of local models to instill confidence in U.S.C. 2991d, the Commissioner has FOAs Native youth of their value and authority to provide financial assistance 1. Native Language Preservation and potential, preparation of older youth to conducted to public or private agencies Maintenance FOA; 42 U.S.C. 2991b– be role models for younger peers, and for research, demonstration, or pilot 3(a): activities that foster leadership and projects which are designed to test or (a) In Executive Summary and Section skills-building. In addition, it is assist in the development of new I. Program Description, ANA intends to: required that Native youth will be approaches or methods that will aid in i. Modify the Description and program actively involved during the planning overcoming special problems. areas of interest for the Language and implementation phases of the For some time, ANA has heard during Preservation FOA to promote the ability projects to ensure that they are tribal consultations and language to use Language Preservation funding responsive to the needs of Native youth summits that it is difficult to coordinate for a broad array of native-language in the communities to be served and to stand-alone language programs into the related projects, including the ensure that youth remain engaged broader educational system. Also, tribal, establishment of a language program, or throughout the project period. Awards public, charter, private schools, and the improvement of an existing made under this FOA will be colleges and universities that use program. Program Areas of Interest will cooperative agreements since ANA primarily Native American languages to be modified to include the development anticipates substantial programmatic deliver education report that students of tools and interactive media to teach involvement with the recipient during from schools, which have been Native American language, per NAPA performance of financially-assisted successful in coordinating language § 803C. activities that will include specialized programs, have high school graduation (b) In Section I, Program Description, and directed technical assistance and rates and college attendance rates above will include additional language to support across the cohort of recipients. the norm for their peers. This initiative further distinguish Preservation and ANA’s Administrative Policies that will address gaps in community Maintenance projects from the types of prevent recipients from having coordination; bring together key drivers projects and immersion activities that concurrent or successive grants with the of program effectiveness; test the are specific to the Esther Martinez same CFDA Number, 93.612, will not efficacy of distinctive Native teaching Immersion (EMI) FOA. apply to recipients under the Native materials, methods, and activities; and, 2. Language Preservation and Youth I–LEAD FOA. contribute to the evidence base of Language-EMI FOAs; 42 U.S.C. 2991b– 2. Native Language Community Native language student outcomes. 3(a) and (b)(7): Coordination Demonstration Project Since this program will use the CFDA (a) In Section I. Program Description FOA; (HHS–2016–ACF–ANA–NS– Number 93.340, ANA’s Administrative and Appendix, will remove Language 1168): ANA plans to publish a new FOA Policy that prevents applicants from Restoration Projects from the areas of whose purpose is to build upon the having concurrent grants under the interest and definitions. Current successes of ANA’s short-term, project- same CFDA Number is not applicable to language specifies that Projects funded based Native Language funding. This Native Language Community under the EMI FOA referenced Native initiative is intended as a place-based Coordination Demonstration Project American Language Nests, Native demonstration that will address gaps in FOA (HHS–2016–ACF–ANA–NS–1168). American Language Survival Schools, community coordination across the and Native American Language Native language educational continuum. a. New Administrative Policy for Native Restoration programs authorized under An essential aspect of this initiative is Language Community Coordination the Esther Martinez Native American community capacity-building focused Demonstration Project Languages Preservation Act (Pub. L. on the role and influence of Native Applicants for funding under this 109–394), 42 U.S.C. 2991(b)(7). language on Native students’ academic demonstration project must be able to (b) This change is intended to clarify success, school attendance, and career identify existing Native language the focus of the EMI FOA on immersion readiness. Projects funded under this instruction programs or partnerships as the method of instruction for pre- initiative will ensure high-quality that are in place and will be developed school and school-aged children. Native language instruction from early or expanded during the project’s Language Restoration programs will childhood through college and/or implementation. Since one purpose of continue to be funded by ANA under

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the Native Language Preservation and (a) In Section I. Program Description, ANA will discontinue the Maintenance FOA. in order to clearly differentiate between competition for the Native Asset (c) In Section IV.2. The Project ANA’s SEDS FOA and the more targeted Building Initiative. The two grants Description, in accordance with SEEDS FOA, ANA will clarify its resulting from the partnership between requirements under the NAPA at 42 description of the SEEDS initiative to the ANA and the Office of Community U.S.C. 2992B–3, ANA plans to add the reflect that SEEDS is designed for new Services (OCS) will no longer be requirement for a Program Performance job creation and business development available as a single application Evaluation Plan to the FY 2016 in targeted industries or markets while submission. Asset building projects will Preservation and Maintenance and EMI also allowing for the development of be eligible for funding under the annual FOAs: skills, credentials, and experiences that SEDS FOA. In addition, eligible Applicants must describe the plan for will lead to attainment of new or applicants can participate directly in the the program performance evaluation existing jobs that increase the earned OCS’s Assets for Independence (AFI) that will contribute to continuous income for the project participants by Program. Interested applicants may quality improvement. The program mid-point of the project period. access the OCS–AFI FOA at http:// performance evaluation should monitor Training must be directed towards a www.acf.hhs.gov/grants/open/foa/ ongoing processes and the progress specific industry. In addition, the index.cfm?switch=foa&fon=HHS-2015- towards the goals and objectives of the recipient will be directly responsible for ACF-OCS-EI-1005. project. Include descriptions of the achieving both of the ANA-required inputs (e.g., organizational profile, outcomes expected and may not act as C. Changes to Administrative Policies collaborative partners, key staff, budget, a pass-through. for All FOAs (FOA Section I.) and other resources), key processes, and (b) In Section I. Program Description, 1. The following administrative policy expected outcomes of the funded Professional Development will be will be added to FY 2016 FOAs; 5 activities. The plan may be supported revised to Preparation for Work under U.S.C. 301: by a logic model and must explain how the program area of interest for SEEDS the inputs, processes and outcomes will to include activities that promote short- Compliance with Background Checks be measured, and how the resulting and long-term job creation by and Applicable Child Safety Laws: information will be used to inform supporting targeted training of ‘‘All recipients are expected to improvement of funded activities. individuals to develop new technical comply with applicable federal, tribal, Applicants must describe the systems skills, secure new credentials, and gain or state law with respect to criminal and processes that will support the experience that will lead to jobs created history record checks and clearance organization’s performance management and increased earned income. through child abuse and neglect and sex requirements through effective tracking (c) In Section II. Federal Award offender registries.’’ of performance outcomes, including a Information, Additional Information on This new administrative policy will description of how the organization will Awards, ANA will no longer use be added to all of our FOAs to ensure collect and manage data (e.g. assigned funding levels to distinguish award that staff hired to implement ANA- skilled staff, data management software) amounts in the SEEDS and SEDS FOAs. funded projects which involve children in a way that allows for accurate and Funding Level I was set for projects are fully-vetted with background checks timely reporting of performance with requests of $149,999 and under in and other applicable laws within the outcomes. Applicants must describe any SEDS and $199,999 and under in local jurisdiction in which the project potential obstacles for implementing the SEEDS, to allow competition among operates to help ensure the safety and program performance evaluation and projects of similar scale. Projects with reduce the risk to participating youth. how those obstacles will be addressed. funding request of $150,000 and over in (d) In Section IV.2. The Project SEDS and $200,000 and over in SEEDS D. Changes to Evaluation Criteria for Description, Expected Outcomes were designated as Funding Level II. All FOAs (FOA Section V.1. Criteria); (formerly ‘‘Outcomes Expected’’), ANA ANA has not identified a notable 45 CFR 75.204 intends to revise the current difference in the average budget request requirement to provide ‘‘means of within funding range as a result of the 1. Changes to Evaluation Criteria measurement’’ for the impact indicator funding level designation, and therefore Maximum Point Values: In all FY 2016 for language projects, to ‘‘means of will discontinue the use of funding FOAs, ANA proposes to adjust the measurement/assessment’’. Many levels. maximum point values of evaluation language projects use assessment tools Instead, ANA encourages applicants criteria to prioritize the elements that and ratings as a form of measurement to request the level of funding that best are important to project monitoring and for language proficiency. Therefore, this meets the needs of the proposed project project success. ANA intends to add five wording change allows for the use of an without exceeding the stated Award points to the value for the Approach assessment tool as an impact indicator. Ceiling amount by budget period. Criterion for a maximum point value of (e) Use of Federal Application (d) The Award Ceiling for the SEEDS 35. The point value for the Objective Submission Tool (FAST): ANA’s FOA will be reduced from $500,000 to Work Plan (OWP) criterion will be previously announced intention to pilot $400,000; however, the project period reduced will be reduced by five points the Funding Application Submission will remain up to 60 months with five for a maximum point value of 20 points. Tool (F.A.S.T.) form for the Language 12-month budget periods. The lower ANA proposes to use the following Preservation and Maintenance FOA is funding ceiling will allow ANA to fund maximum point values for criteria in all on hold. This announcement was additional projects under this FY 2016 FOAs: published in the Federal Register on competition. (The Award Ceiling level Maximum October 16, 2015 (80 FR 62536–37). For for awards under the SEDS FOA will Evaluation criteria point values technical reasons, ANA no longer remain at $400,000 as well as the same intends to pilot the F.A.S.T. for any of options for project periods as that Need for Assistance ...... 10 points. the 2016 FOAs. offered in the FY 2015 FOA.) Outcomes Expected ...... 25 points. 3. SEDS and SEEDS FOAs; 42 U.S.C. 4. Native Asset Building Initiative Project Approach ...... 35 points. 2991b: FOA; 42 U.S.C. 2991b: Objective Work Plan ...... 20 points.

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Maximum Our phone numbers and email recreational boating safety program each Evaluation criteria point values addresses will remain the same. Phone: year, $2 million shall be available only (877) 922–9262 Fax: (202) 690–7441 to ensure compliance with Chapter 43 of Budget and Budget Justifica- 10 points. Email: [email protected] URL: Title 46, U.S. Code. On September 29, tion. www.acf.hhs.gov/programs/ana. 2005, the Sportfishing and Recreational Contact information in all FY 2016 Boating Safety Amendments Act of 2005 2. Changes in Sub-criteria: ANA will FOAs will be updated to provide was enacted (Public Law 109–74; 119 streamline the evaluation sub-criteria, mailing and physical location addresses Stat. 2031). This Act increased the funds and reorganize specific elements, to for the new building. available to the national recreational clarify instructions to panel reviewers: Statutory Authority: Section 814 of the boating safety program from $5 million (a) A new sub-criterion related to the to $5.5 million annually, and stated that required Problem Statement will be Native American Programs Act of 1974 (NAPA), as amended. ‘‘not less than’’ $2 million shall be included in the Need for Assistance available only to ensure compliance criterion. Lillian Sparks Robinson, with Chapter 43 of Title 46, U.S. Code. (b) Reference to Specific, Commissioner, Administration for Native These funds are available to the Measureable, Achievable, Relevant and American. Secretary from the Sport Fish Time-bound (S.M.A.R.T.) objectives will [FR Doc. 2015–30868 Filed 12–7–15; 8:45 am] Restoration and Boating Trust Fund be included in the sub-criteria for BILLING CODE 4184–34–P established under 26 U.S.C. 9504(a) for Objectives and not overall for the payment of Coast Guard expenses for Outcomes Expected sections in the personnel and activities directly related Section IV.2. Project Description. DEPARTMENT OF HOMELAND to coordinating and carrying out the Therefore, project outcomes and the SECURITY national recreational boating safety impact indicator, which are also program. Under 46 U.S.C. 13107(c), no elements of the Outcomes Expected sub- Coast Guard funds available to the Secretary under criteria, are not required to be [Docket No. USCG–2010–1066] this subsection may be used to replace S.M.A.R.T. funding traditionally provided through (c) A new sub-criterion on the Current Recreational Boating Safety Projects, general appropriations, nor for any Status of Language will be added to the Programs, and Activities Funded purposes except those purposes Approach section Language Under Provisions of the Transportation authorized; namely, for personnel and Preservation and Maintenance and the Equity Act for the 21st Century; Fiscal activities directly related to EMI FOAs. The Current Status of the Year 2015 coordinating and carrying out the Language is currently a requirement in national recreational boating safety the Approach section of the Project AGENCY: Coast Guard, Homeland program. Amounts made available Description. No additional information Security. under 46 U.S.C. 13107(c) remain will be required from the applicant. ACTION: Notice. available during the two succeeding fiscal years. Any amount that is E. Change to Recipient Reporting SUMMARY: In 1999, the Transportation unexpended or unobligated at the end of Requirements for All FOAs (FOA Equity Act for the 21st Century made $5 Section VI.3.); 45 CFR 75.342 the 3-year period during which it is million per year available for the available, shall be withdrawn by the 1. Annual Data Report: ANA intends payment of Coast Guard expenses for Secretary and allocated to the States in to add an Annual Data Report (ADR) to personnel and activities directly related addition to any other amounts available the reporting requirements for all to coordinating and carrying out the for allocation in the fiscal year in which funded projects. ANA has reduced its national recreational boating safety they are withdrawn or the following reporting requirements to twice—semi- program. In 2005, the law was amended, fiscal year. annually and annually. ANA recently and the amount was increased to $5.5 Use of these funds requires streamlined the Objective Progress million. The Coast Guard is publishing compliance with standard Federal Report (OPR), and determined that some this notice to satisfy a requirement of contracting rules with associated lead information previously collected on the the Act that a detailed accounting of the and processing times resulting in a lag OPR is not necessary for project projects, programs, and activities time between available funds and monitoring; however is important when funded under the national recreational spending. The total amount of funding analyzing project data. The ADR will boating safety program provision of the transferred to the Coast Guard from the capture this project data throughout the Act be published annually in the Sport Fish Restoration and Boating life of the project, versus just asking at Federal Register. This notice specifies Trust Fund and committed, obligated, the end of the project. The ADR also the funding amounts the Coast Guard and/or expended during fiscal year 2015 includes additional program-specific has committed, obligated, or expended for each activity is shown below. and project assessment questions. The during fiscal year 2015, as of September report will supplement the annual OPR 30, 2015. Specific Accounting of Funds and will not deviate from the annual FOR FURTHER INFORMATION CONTACT: For Manufacturer Compliance Inspection reporting cycle of the OPR, therefore questions on this notice, call Jeff Program/Boat Testing Program: Funding still requiring grantees only report twice Ludwig, Regulations Development was provided to continue the national annually as stated previously. The Manager, telephone 202–372–1061. recreational boat compliance inspection report will be due 30 days after the end SUPPLEMENTARY INFORMATION: program, initiated in January 2001. of each budget period and 90 days after During the Fiscal Year contracted the end of the project period. Background and Purpose personnel, acting on behalf of the Coast The Transportation Equity Act for the Guard, visit recreational boat F. Relocation of ANA Offices 21st Century became law on June 9, manufacturers, recreational boat dealers, ANA has relocated its offices to the 1998 (Pub. L. 105–178; 112 Stat. 107). and recreational boat shows to inspect Mary E. Switzer Memorial Building, 330 The Act required that of the $5 million for compliance with the Federal C Street SW., Washington, DC 20201. made available to carry out the national regulations. During the 2015 reporting

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year, inspectors performed 350 factory outstanding achievements in promoting funds made available to the Coast Guard visits, 218 dealer visits, and 10 boat boating safety. ($2,487). (approximately $5,132,275) may be show visits resulting in 2,800 boats Reimbursable Salaries: Funding was retained for the allowable period for the being inspected. Funding was also provided to carry out the work as National Recreational Boating Survey or provided for testing of certain associated prescribed in 46 U.S.C. 13107(c) and as transferred into the pool of money equipment and in-water testing of described herein. The first position was available for allocation through the state atypical and used recreational boats for that of a professional mathematician/ grant program. compliance with capacity and flotation statistician to conduct necessary Authority standards. ($1,587,370). Additional national surveys and studies on expenditures regarding this topic that recreational boating activities as well as This notice is issued pursuant to 5 are accounted for in the topics below are to serve as a liaison to other Federal U.S.C. 552 and 46 U.S.C. 13107(c)(4). Contract Personnel Support ($103,253), agencies that are conducting boating Dated: December 2, 2015. surveys so that we can pool our Reimbursable Salaries ($143,222) and V.B. Gifford, New Recreational Boating Safety resources and reduce costs. The second position was that of a Recreational Captain, U.S. Coast Guard, Director of Associated Travel ($5,526). Collectively, Inspections & Compliance. these expenditures, along with other Boating Safety Specialist/Marine [FR Doc. 2015–30884 Filed 12–7–15; 8:45 am] potential projects, are considered to be Investigator with responsibilities that BILLING CODE 9110–04–P applicable to the legal requirement that include overseeing and managing RBS ‘‘not less than’’ $2 million be available projects related to carbon monoxide to ensure compliance with Chapter 43 of poisoning, propeller injury mitigation, Title 46, U.S. Code. and manufacturer compliance DEPARTMENT OF THE INTERIOR Boating Accident Report Database initiatives. The third position was that (BARD) Web System: Funding was of a Legislative and Strategic Planning Fish and Wildlife Service allocated to continue providing the Manager, with responsibilities that include analyzing proposed and enacted [FWS–R4–R–2015–N106; BARD Web System, which enables FXRS85510445RG0–XXX–FF04R04000] reporting authorities in the 50 States, legislation for RBS impacts, and five U.S. Territories, and the District of managing the development and Draft Long Range Transportation Plan Columbia to submit their accident implementation of the National for U.S. Fish and Wildlife Service reports electronically over a secure Recreational Boating Safety Program’s Lands in the Southeast Region Internet connection. The system also strategic plan. The fourth position was enables the user community to generate that of a Division Administrative AGENCY: Fish and Wildlife Service, statistical reports that show the Assistant, with responsibilities that Interior. frequency, nature, and severity of include providing administrative ACTION: Notice of availability; request boating accidents. Funds supported support for the Boating Safety Division. for comments. ($513,045). system maintenance, development, and Technical Support and Analysis for SUMMARY: technical (hotline) support. ($367,332). We, the U.S. Fish and the Recreational Boating Safety Wildlife Service (Service), announce the Contract Personnel Support: Funding Program: The purpose of this contract is availability of a draft long range was provided for contract personnel to to obtain Contractor professional, transportation plan for public review support the appropriate cost/benefit technical, and management support for and comment. The Draft Long Range analyses for potential new regulations services relating to the national survey Transportation Plan outlines a strategy and to conduct general boating safety- development, nonprofit grants grading for improving and maintaining related research and analysis and to assessments, and other analysis as transportation assets that provide access assist the manufacturer compliance needed for the enhancement of the to Service-managed lands in the program. ($660,562). administration of the National Southeast Region (Alabama, Arkansas, Boating Accident News Clipping Recreational Boating Safety Program. Florida, Georgia, Kentucky, Louisiana, Services: Funding was provided to Projects covered by the contract include Mississippi, North Carolina, South continue to gather daily news stories of statistical analyses of data collected in Carolina, Tennessee, Puerto Rico, and recreational boating accidents nationally the 2012 National Recreational Boating the Virgin Islands) over the next 20 for more real time accident information Survey and research on the implications years. and to identify accidents that may of the findings relative to boating safety involve regulatory non-compliances or and the National Recreational Boating DATES: We must receive written safety defects. ($25,000). Safety Program; a review of scientific comments on or before January 7, 2016. New Recreational Boating Safety literature covering various measures of ADDRESSES: Document Review: If you Associated Travel: Funding was risk exposure in other transportation wish to review the draft plan, you may provided to facilitate travel by related fields; support in designing the obtain a copy by visiting our Web site employees of the Boating Safety next National Recreational Boating at http://www.fws.gov/southeast/ Division to carry out additional Survey; and development of a web- refuges/roads/pdf/southeast-region- recreational boating safety actions and based system for review of national long-range-transportation-plan.pdf. to gather background and planning nonprofit organization grant Alternatively, you may contact Jo Ann information for new recreational boating submissions. ($130,847). Clark, Regional Transportation Program safety initiatives. ($17,564). Of the $5.5 million made available to Manager, Southeast Region, U.S. Fish Recreational Boating Safety Outreach the Coast Guard in fiscal year 2015, and Wildlife Service, 1875 Century Initiatives: Funding was provided to $2,120,466 has been committed, Blvd., Atlanta, GA 30345 (404–679– produce signage promoting recreational obligated, or expended and an 4114). boating safety at the U.S. Coast Guard’s additional $1,183,741 of prior fiscal year Submitting Comments: If you wish to Douglas A. Munro Headquarters funds have been committed, obligated, comment on the plan, you may submit Building, and to provide appropriate or expended, as of September 30, 2015. your comments in writing by any one of recognition to select individuals for The remainder of the FY14 and FY15 the following methods:

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• U.S. mail: Regional Transportation LRTP Mission, Goals, and Objectives Service units by using standard Program Manager, at the above address. Through a collaborative effort, the materials for readily observed physical • Hand-delivery: Regional National Wildlife Refuge System and elements associated with the Transportation Program Manager, at the Fisheries Programs, in cooperation with transportation system. above address. the Divisions of Planning and Visitor • Planning: Integrate appropriate • Email: [email protected]. Services within the Service’s Southeast transportation planning into Service For additional information about Region, have contributed to defining the plans and processes. submitting comments, see the ‘‘Public mission, goals, and objectives presented Objective 1: Ensure consistency and Availability of Comments’’ section in this document. The resulting mission, coordination between the project, unit, below. goals, and objectives are intended to regional, and national levels of FOR FURTHER INFORMATION CONTACT: Jo provide a systematic approach to guide planning. the process for evaluating and selecting Ann Clark, at the above address, phone Objective 2: Define need for number, or email. transportation improvement for the Service lands in the Southeast Region. infrastructure improvements, and SUPPLEMENTARY INFORMATION: These guiding principles have shaped prioritize projects using a scientific and Introduction the development, conclusions, and objective process. recommendations of this LRTP. • Partnerships: Develop partnerships With this notice, we make the Draft to leverage resources and develop Mission LRTP for the Southeast Region of the integrated transportation solutions. U.S. Fish and Wildlife Service available To support the Service’s mission by Objective 1: Maximize leveraging for public review and comment. When connecting people to fish, wildlife, and opportunities for both funding and finalized, the LRTP will apply to their habitats through strategic resources. Service-managed lands in Alabama, implementation of transportation Arkansas, Florida, Georgia, Kentucky, programs. Objective 2: Work with partners to Louisiana, Mississippi, North Carolina, address shared transportation issues South Carolina, Tennessee, Puerto Rico, Goals and Objectives that impact Service goals. and the Virgin Islands. This long-range transportation plan • Sustainability: Adopt and promote Background has six categories of goals: Resource sustainable transportation practices. protection, safety and condition, The Moving Ahead for Progress in the welcome and orientation, planning, Objective 1: Address climate change 21st Century Act (MAP–21) requires all partnerships, and sustainability. Under and other environmental factors at all Federal land management agencies to each goal, we present distinct objectives levels of transportation planning, conduct long-range transportation that move us to the goal. design, project delivery, and planning in a manner that is consistent • Natural Resource Protection: Ensure maintenance. with metropolitan planning that the transportation program helps to Objective 2: Improve access to and organization and State departments of conserve and enhance fish, wildlife, and within Service lands by transit or non- transportation planning. This LRTP was plant resources and their habitats. motorized transportation and initiated within the Service to achieve Objective 1: Identify, research, and information systems. the following: adopt BMPs for planning, design, Objective 3: Reduce fossil fuel energy • Establish a defensible structure for construction, and maintenance that consumption. sound transportation planning and mitigate impacts of transportation. decision-making. Objective 2: Reduce transportation- Next Steps • Establish a vision, mission, goals, related conflicts with fish and wildlife After this comment period ends, we and objectives for transportation corridors on or adjacent to Service will analyze the comments and address planning in the Service’s Southeast lands. • them in the form of a final LRTP. Region. Safety and Conditions: Provide a • Implement coordinated and safe and reliable transportation network Public Availability of Comments cooperative transportation partnerships to and within Service lands. in an effort to improve the Service’s Objective 1: Identify and reduce safety Before including your address, phone transportation infrastructure. problems and modal conflicts to and number, email address, or other within Service lands. • Integrate transportation planning personal identifying information in your Objective 2: Ensure that mission- comment, you should be aware that and funding for wildlife refuges and fish critical transportation assets are hatcheries into existing and future your entire comment—including your maintained in ‘‘good’’ condition. personal identifying information—may Service management plans and • Welcome and Orientation: Develop strategies—e.g., comprehensive be made publicly available at any time. and maintain a transportation network While you can ask us in your comment conservation plans (CCPs) and that enhances the welcoming and comprehensive hatchery management to withhold your personal identifying orienting experience of visitors. information from public review, we plans (CHMPs). Objective 1: Provide public • Increase awareness of Alternative cannot guarantee that we will be able to information to enable visitors to easily do so. Transportation Systems (ATS) and get to refuges and hatcheries and to use associated benefits. their sites. Dated: September 2, 2015. • Develop best management practices Objective 2: Engage the visitors with Mike Oetker, (BMP) for transportation improvements compelling information so they have a Acting Regional Director. on Service lands. better understanding of the purpose of • Serve as a pilot project for the wildlife conservation and enjoyment of Note: The Federal Register received implementation of a region-level natural resources. this document on December 2, 2015. transportation planning process within Objective 3: Create a consistent and [FR Doc. 2015–30815 Filed 12–7–15; 8:45 am] the Service. recognizable identity throughout all BILLING CODE 4333–55–P

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DEPARTMENT OF THE INTERIOR Permit No. TE–795930 extimus); take (locate and monitor nests and remove brown-headed cowbird eggs Applicant: Brent Helm, Sheridan, Fish and Wildlife Service and chicks from parasitized nests) the California [FWS–R8–ES–2016–N222; least Bell’s vireo (Vireo bellii pusillus); FXES11130800000–167–FF08E00000] The applicant requests a permit take (harass by survey, capture, handle, renewal to take (harass by survey, release, collect adult vouchers, and Endangered Species Recovery Permit capture, handle, release, collect adult collect branchiopod cysts) the Applications vouchers, collect branchiopod cysts, Conservancy fairy shrimp (Branchinecta processing soil samples for branchiopod conservatio), longhorn fairy shrimp AGENCY: Fish and Wildlife Service, cyst identification, and culturing and (Branchinecta longiantenna), San Diego Interior. hatching out branchiopod cysts) the fairy shrimp (Branchinecta ACTION: Notice of receipt of permit Conservancy fairy shrimp (Branchinecta sandiegonensis), Riverside fairy shrimp applications; request for comment. conservatio), longhorn fairy shrimp (Streptocephalus woottoni), and vernal (Branchinecta longiantenna), San Diego SUMMARY: We, the U.S. Fish and pool tadpole shrimp (Lepidurus fairy shrimp (Branchinecta Wildlife Service, invite the public to packardi); and take (survey by pursuit) sandiegonensis), Riverside fairy shrimp comment on the following applications the Quino checkerspot butterfly (Streptocephalus woottoni), and vernal to conduct certain activities with (Euphydryas editha quino) in pool tadpole shrimp (Lepidurus endangered species. With some conjunction with surveys and packardi) in conjunction with survey exceptions, the Endangered Species Act population studies throughout the range activities throughout the range of each (Act) prohibits activities with of the species in California and Arizona of the species in California and Jackson endangered and threatened species for the purpose of enhancing the County, Oregon; take (harass by survey, unless a Federal permit allows such species’ survival. capture, handle, and release) the activity. The Act also requires that we California tiger salamander (Santa Permit No. TE–64580A invite public comment before issuing Barbara County DPS) (Ambystoma recovery permits to conduct certain Applicant: Nicholas Rice, Las Vegas, californiense) in conjunction with activities with endangered species. Nevada survey activities throughout the range of DATES: Comments on these permit the species in California; and to remove/ The applicant requests a permit applications must be received on or reduce to possession the Neostapfia amendment and renewal to take (harass before January 7, 2016. colusana (Colusa grass) and Tuctoria by survey) the southwestern willow ADDRESSES: Written data or comments mucronata (Solano grass) on federal flycatcher (Empidonax traillii extimus) should be submitted to the Endangered lands in conjunction with surveys, and Yuma Ridgway’s rail (Yuma clapper Species Program Manager, U.S. Fish and research, and habitat enhancement r.) (Rallus obsoletus yumanensis) (R. Wildlife Service, Region 8, 2800 Cottage activities throughout the range of the longirostris y.) in conjunction with Way, Room W–2606, Sacramento, CA species in Yolo and Solano Counties, surveys and population studies within 95825 (telephone: 916–414–6464; fax: California, for the purpose of enhancing Clark County, Nevada, for the purpose 916–414–6486). Please refer to the the species’ survival. of enhancing the species’ survival. respective permit number for each application when submitting comments. Permit No. TE–78055B Permit No. TE–67397A FOR FURTHER INFORMATION CONTACT: Applicant: Robert Matthews, Carlsbad, Applicant: Timothy Ricks, Las Vegas, Daniel Marquez, Fish and Wildlife California Nevada Biologist; see ADDRESSES (telephone: 760–431–9440; fax: 760–431–9624). The applicant requests a permit renewal to take (harass by survey, The applicant requests a permit SUPPLEMENTARY INFORMATION: The capture, handle, release, collect adult amendment and renewal to take (harass following applicants have applied for vouchers, and collect branchiopod by survey) the southwestern willow scientific research permits to conduct cysts) the Conservancy fairy shrimp flycatcher (Empidonax traillii extimus) certain activities with endangered (Branchinecta conservatio), longhorn and Yuma Ridgway’s rail (Yuma clapper species under section 10(a)(1)(A) of the fairy shrimp (Branchinecta r.) (Rallus obsoletus yumanensis) (R. Act (16 U.S.C. 1531 et seq.). We seek longiantenna), San Diego fairy shrimp longirostris y.) in conjunction with review and comment from local, State, (Branchinecta sandiegonensis), surveys and population studies within and Federal agencies and the public on Riverside fairy shrimp (Streptocephalus Clark County, Nevada, for the purpose the following permit requests. woottoni), and vernal pool tadpole of enhancing the species’ survival. Applicants shrimp (Lepidurus packardi) in Permit No. TE–821401 conjunction with surveys throughout Permit No. TE–76006B–0 the range the species in California for Applicant: Brian Daniels, Long Beach, Applicant: Zoological Society of San the purpose of enhancing the species’ California Diego, San Diego, California survival. The applicant requests a permit The applicant requests a new permit Permit No. TE–170389 amendment and renewal to take (locate to take (harass by survey, capture, and monitor nests, and remove brown- handle, and release) the mountain Applicant: Travis Cooper, San Diego, headed cowbird (Molothrus ater) eggs yellow-legged frog (Southern California California and chicks from parasitized nests) the Distinct Population Segment (DPS) The applicant requests a permit least Bell’s vireo (Vireo bellii pusillus) (Rana muscosa) in conjunction with amendment and renewal to take (harass and take (harass by survey) the captive rearing, research, reintroduction by survey, locate and monitor nests, and southwestern willow flycatcher into the wild, and survey activities remove brown-headed cowbird (Empidonax traillii extimus) in throughout the range of the species in (Molothrus ater) eggs and chicks from conjunction with surveys and California for the purpose of enhancing parasitized nests) the southwestern population studies throughout the range the species’ survival. willow flycatcher (Empidonax traillii of the species in California and Nevada

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for the purpose of enhancing the Riverside fairy shrimp (Streptocephalus the range the species in California, and species’ survival. woottoni), and vernal pool tadpole take (harass by survey, capture, handle, shrimp (Lepidurus packardi) in and release) the unarmored threespine Permit No. TE–039321 conjunction with surveys throughout stickleback (Gasterosteus aculeatus Applicant: Kylie Fischer, Escondido, the range the species in California and williamsoni) in conjunction with California Oregon for the purpose of enhancing the surveys on Vandenberg Air Force Base The applicant requests a permit species’ survival. in Santa Barbara County in California for the purpose of enhancing the renewal to take (locate and monitor Permit No. TE–78251B nests and remove brown-headed species’ survival. Applicant: Amber Parmenter, Loomis, cowbird (Molothrus ater) eggs and Permit No. TE–78388B chicks from parasitized nests) the least California Bell’s vireo (Vireo bellii pusillus) in The applicant requests a new permit Applicant: Western Slope Wildlife LLC, conjunction with surveys and to take (harass by survey, capture, Moab, Utah population studies throughout the range handle, release, collect adult vouchers, The applicant requests a new permit of the species in California for the and collect branchiopod cysts) the to take (locate and monitor nests) the purpose of enhancing the species’ Conservancy fairy shrimp (Branchinecta least Bell’s vireo (Vireo bellii pusillus) survival. conservatio), longhorn fairy shrimp and take (harass by survey and locate (Branchinecta longiantenna), and vernal and monitor nests) the southwestern Permit No. TE–800291 pool tadpole shrimp (Lepidurus willow flycatcher (Empidonax traillii Applicant: Anne Wallace, Grass Valley, packardi) in conjunction with surveys extimus) in conjunction with surveys California and educational presentations within and population studies throughout the Rockwell Ranch Vernal Pool Preserve, range of the species in Arizona, The applicant requests a permit Rodeo Grounds Preserve, and Western California, New Mexico, Oregon, and renewal to take (harass by survey, Placer Schools Conservation Bank, in Washington for the purpose of capture, handle, release, collect adult Placer County, California, for the enhancing the species’ survival. vouchers, and collect branchiopod purpose of enhancing the species’ cysts) the Conservancy fairy shrimp Permit No. TE–139634 survival. (Branchinecta conservatio), longhorn Applicant: Thomas Liddicoat, Vista, fairy shrimp (Branchinecta Permit No. TE–43597A California longiantenna), San Diego fairy shrimp Applicant: Dana McLauhlin, Chula (Branchinecta sandiegonensis), The applicant requests a permit Vista, California Riverside fairy shrimp (Streptocephalus renewal to take (harass by survey, woottoni), and vernal pool tadpole The applicant requests a permit capture, handle, release, collect adult shrimp (Lepidurus packardi); take renewal to take (harass by survey, vouchers, and collect branchiopod (harass by survey, capture, handle, and capture, handle, release) the Pacific cysts) the Conservancy fairy shrimp release) the California tiger salamander pocket mouse (Perognathus (Branchinecta conservatio), longhorn (Santa Barbara County and Sonoma longimembris pacificus), and San fairy shrimp (Branchinecta County DPS) (Ambystoma Bernardino Merriam’s kangaroo rat longiantenna), San Diego fairy shrimp californiense); and take (harass by (Dipodomys merriami parvus) in (Branchinecta sandiegonensis), survey) the California Ridgway’s rail conjunction with surveys throughout Riverside fairy shrimp (Streptocephalus (California clapper r.) (Rallus obsoletus the range the species in California for woottoni), and vernal pool tadpole obsoletus) (R. longirostris o.) in the purpose of enhancing the species’ shrimp (Lepidurus packardi) in conjunction with surveys and survival. conjunction with surveys throughout the range the species in California for population studies throughout the range Permit No. TE–79271 of the species in California and (harass the purpose of enhancing the species’ by survey, locate and monitor nests, Applicant: Shana Dodd, San Diego, survival. California mark nests, collect carcasses) the Permit No. TE–64144A–1 California least tern (Sternula The applicant requests a permit antillarum browni) (Sterna a. browni) in renewal to take (harass by survey, Applicant: Emily Mastrelli, San Diego, conjunction with surveys and capture, handle, release) the Pacific California population studies within the pocket mouse (Perognathus The applicant requests a permit Montezuma Wetlands Project Site, longimembris pacificus), and San renewal to take (harass by survey, locate Solano County, California, for the Bernardino Merriam’s kangaroo rat and, monitor nests, capture, handle, purpose of enhancing the species’ (Dipodomys merriami parvus) in release, collect carcasses) the California survival. conjunction with surveys throughout least tern (Sternula antillarum browni) Permit No. TE–141359 the range the species in California for (Sterna a. browni) in conjunction with the purpose of enhancing the species’ surveys and population monitoring Applicant: Stephen Stringer, El Dorado survival. throughout the range of the species in Hills, California California, for the purpose of enhancing Permit No. TE–815144 The applicant requests a permit the species’ survival. Applicant: Rosemary Thompson, Santa renewal to take (harass by survey, Permit No. TE–063608 capture, handle, release, collect adult Barbara, California vouchers, and collect branchiopod The applicant requests a permit Applicant: Brian Lohstroh, San Diego, cysts) the Conservancy fairy shrimp renewal to take (harass by survey, California (Branchinecta conservatio), longhorn capture, handle, release, and collect The applicant requests a permit fairy shrimp (Branchinecta voucher specimens) the tidewater goby renewal and amendment to take (harass longiantenna), San Diego fairy shrimp (Eucyclogobius newberryi) in by survey, capture, handle, release, (Branchinecta sandiegonensis), conjunction with surveys throughout collect adult vouchers, and collect

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branchiopod cysts) the Conservancy DEPARTMENT OF THE INTERIOR under the United States mining laws, fairy shrimp (Branchinecta conservatio), but not from leasing under the mineral longhorn fairy shrimp (Branchinecta Bureau of Land Management leasing laws, to protect highly longiantenna), San Diego fairy shrimp significant caves and their associated [LLNMP2000 L14300000.FQ0000 NMNM– (Branchinecta sandiegonensis), 127501/NMNM–83404] resources: Riverside fairy shrimp (Streptocephalus New Mexico Principal Meridian woottoni), and vernal pool tadpole Public Land Order No. 7844; shrimp (Lepidurus packardi); take Withdrawal of Public Lands and McKittrick Hill Caves (survey by pursuit) the Quino Reserved Federal Minerals To Protect T. 22 S., R. 24 E., checkerspot butterfly (Euphydryas Highly Significant Caves; New Mexico Sec.14, S1⁄2SW1⁄4, SW1⁄4SE1⁄4, and editha quino); take (harass by survey) W1⁄2SE1⁄4SE1⁄4; the southwestern willow flycatcher AGENCY: Bureau of Land Management, Sec. 22, S1⁄2SW1⁄4NE1⁄4, SE1⁄4NE1⁄4, 1 1 1 1 1 1 1 (Empidonax traillii extimus); take Interior. SE ⁄4SE ⁄4NW ⁄4, E ⁄2E ⁄2SW ⁄4, and SE ⁄4; Sec. 23, W1⁄2, W1⁄2E1⁄2, and W1⁄2E1⁄2E1⁄2; (locate and monitor nests) the least ACTION: Public Land Order. Sec. 26, W1⁄2NE1⁄4NE1⁄4, NW1⁄4NE1⁄4, and Bell’s vireo (Vireo bellii pusillus); and N1⁄2NW1⁄4; SUMMARY: This order withdraws take (capture, handle, and release) the Sec. 27, N1⁄2NE1⁄4 and E1⁄2NE1⁄4NW1⁄4. approximately 2,924.65 acres of public arroyo toad (arroyo southwestern) The area described contains 1,210 acres. (Anaxyrus californicus) in conjunction lands and 440 acres of reserved Federal with surveys and population monitoring minerals underlying non-Federal lands Mudgetts/Little Mudgetts Caves throughout the range the species in from location and entry under the T. 24 S., R. 24 E., California for the purpose of enhancing United States mining laws, subject to Sec. 21, SE1⁄4SW1⁄4NW1⁄4, the species’ survival. valid existing rights, for 20 years to SW1⁄4SE1⁄4NW1⁄4, N1⁄2NE1⁄4SW1⁄4, and protect and preserve highly significant NE1⁄4NW1⁄4SW1⁄4. Permit No. TE–72013A caves and their associated resources The area described contains 50 acres. Applicant: John Durand, Davis, located in Eddy County. The lands have Big Manhole/Little Manhole Caves California been and will remain open to leasing T. 24 S., R. 24 E., under the mineral leasing laws. The applicant requests a permit Sec. 22, W1⁄2NE1⁄4SW1⁄4, E1⁄2SW1⁄4SW1⁄4, amendment to take (harass by survey, DATES: Effective Date: December 8, 2015. SE1⁄4SW1⁄4, and W1⁄2SW1⁄4SE1⁄4. capture, handle, release, and collect) the FOR FURTHER INFORMATION CONTACT: The area described contains 100 acres. delta smelt (Hypomesus transpacificus) Debby Lucero, Bureau of Land Honest Injun Cave in conjunction with scientific research Management, New Mexico State Office, throughout the range of the species in 505–954–2196. Persons who use a T. 22 S., R. 25 E., Sec. 28, lot 6. the Suisun Marsh within Solano and telecommunications device for the deaf Contra Costa Counties; Sherman Island (TDD) may call the Federal Information The area described contains 42.70 acres. within Solano, Sacramento, and Contra Relay Service (FIRS) at 1–800–877–8339 Yellow Jacket and Lair Caves Costa Counties; Cache Slough Complex to reach the BLM contact person. The T. 23 S., R. 25 E., area within Solano and Yolo Counties; FIRS is available 24 hours a day, 7 days Sec. 14, S1⁄2SE1⁄4SW1⁄4 and S1⁄2S1⁄2SE1⁄4; and Sherman Lake and Brown’s Island a week, to leave a message or question Sec. 23, NE1⁄4 and NE1⁄4NW1⁄4. area within Solano and Contra Costa with the above individual. You will The area described contains 260 acres. Counties in California for the purpose of receive a reply during normal business KFF (Elliott’s) Cave enhancing the species’ survival. hours. T. 24 S., R. 25 E., SUPPLEMENTARY INFORMATION: The Public Comments Sec. 23, SE1⁄4NE1⁄4SE1⁄4 and E1⁄2SE1⁄4SE1⁄4; Bureau of Land Management will 1 1 1 1 1 We invite public review and comment Sec. 24, W ⁄2NE ⁄4SW ⁄4, NW ⁄4SW ⁄4, manage the lands to protect highly 1 1 1 1 1 1 on each of these recovery permit N ⁄2SW ⁄4SW ⁄4, SW ⁄4SW ⁄4SW ⁄4, and applications. Comments and materials significant cave locations and their NW1⁄4SE1⁄4SW1⁄4. we receive will be available for public associated resources located within The area described contains 130 acres. Eddy County. The caves contain highly inspection, by appointment, during Chosa Draw Caves normal business hours at the address significant archaeological, T. 25 S., R. 25 E., listed in the ADDRESSES section of this paleontological, biological, geological, mineralogical, hydrological, and scenic Sec. 20, E1⁄2SE1⁄4; notice. 1 1 1 1 values. These caves represent the very Sec. 21, S ⁄2 and S ⁄2SE ⁄4NE ⁄4; Before including your address, phone Sec. 22, SW1⁄4SW1⁄4NW1⁄4 and best examples of the above-stated number, email address, or other W1⁄2W1⁄2SW1⁄4; personal identifying information in your resources on Bureau of Land Sec. 27, W1⁄2NW1⁄4NW1⁄4; comment, you should be aware that Management administered land in this Sec. 28, E1⁄2NE1⁄4; your entire comment—including your region. There are over 300 known caves Sec. 29, E1⁄2NE1⁄4, E1⁄2W1⁄2NE1⁄4, personal identifying information—may in the area and many more are NE1⁄4SE1⁄4, and E1⁄2NW1⁄4SE1⁄4. be made publicly available at any time. suspected. The area described contains 750 acres. While you can ask us in your comment Order Lost Cave to withhold your personal identifying T. 22 S., R. 26 E., information from public review, we By virtue of the authority vested in the Secretary of the Interior by Section Sec. 22, NE1⁄4NE1⁄4NE1⁄4 and cannot guarantee that we will be able to 1 1 1 1 204 of the Federal Land Policy and N ⁄2SE ⁄4NE ⁄4NE ⁄4; do so. Sec. 23, W1⁄2NW1⁄4NW1⁄4NW1⁄4 and Management Act of 1976, 43 U.S.C. NW1⁄4SW1⁄4NW1⁄4NW1⁄4. Angela Picco, 1714, it is ordered as follows: The area described contains 22.50 acres. Acting Regional Director, Pacific Southwest 1. Subject to valid existing rights, the Region, Sacramento, California. following described public lands and Fence Canyon Cave Area [FR Doc. 2015–30816 Filed 12–7–15; 8:45 am] Federally reserved minerals are hereby T. 24 S., R. 26 E., BILLING CODE 4333–15–P withdrawn from location and entry Sec. 17, NW1⁄4NW1⁄4;

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Sec. 18, lot 3, E1⁄2NE1⁄4NE1⁄4, S1⁄2NE1⁄4, Office, 5353 Yellowstone Road, 1976, 43 U.S.C. 1714(f), the Secretary SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4, Cheyenne, Wyoming 82009, 307–775– determines that the withdrawal shall be and N1⁄2SE1⁄4. 6257 or via email at [email protected]. extended. The area described contains 359.45 acres. Persons who use a telecommunications Dated: November 13, 2015. The following described federally device for the deaf (TDD) may call the Janice M. Schneider, Federal Information Relay Service reserved minerals underlying non- Assistant Secretary—Land and Minerals Federal surface: (FIRS) at 1–800–877–8339 to contact the Management. above individual. The FIRS is available [FR Doc. 2015–30900 Filed 12–7–15; 8:45 am] Chosa Draw Caves 24 hours per day, 7 days per week, to BILLING CODE 4310–22–P T. 25 S., R. 25 E., leave a message or question with the Sec. 28, NW1⁄4NE1⁄4, W1⁄2, and W1⁄2SE1⁄4. above individual. You will receive a The areas described aggregate 440 acres. reply during normal business hours. DEPARTMENT OF THE INTERIOR The total areas described above SUPPLEMENTARY INFORMATION: The aggregate 2,924.65 acres of public lands Bureau of Land Management will National Park Service manage the land to protect the unique and 440 acres of Federal minerals [NPS–WASO–NAGPRA–19738; underlying non-Federal lands in Eddy archeological, historical, geological, and PPWOCRADN0–PCU00RP14.R50000] County. recreational values of these two sites as 2. The withdrawal made by this order well as the Federal investment for Notice of Inventory Completion: Ohio does not alter the applicability of the visitor use because of the special History Connection, Columbus, OH public land laws other than the mining historical interpretive attributes laws. contained at the sites. AGENCY: National Park Service, Interior. 3. This withdrawal will expire 20 ACTION: Notice. Order years from the effective date of this SUMMARY: The Ohio History Connection order unless, as a result of a review By virtue of the authority vested in has completed an inventory of human conducted before the expiration date the Secretary of the Interior by Section remains and associated funerary objects, pursuant to section 204(f) of the Federal 204 of the Federal Land Policy and in consultation with the appropriate Land Policy and Management Act of Management Act of 1976, 43 U.S.C. Indian tribes or Native Hawaiian 1976, 43 U.S.C. 1714(f), the Secretary 1714, it is ordered as follows: organizations, and has determined that determines that the withdrawal shall be 1. Subject to valid existing rights, the there is a cultural affiliation between the extended. following described public lands are hereby withdrawn from location and human remains and associated funerary Dated: November 23, 2015. entry under the United States mining objects and present-day Indian tribes or Janice M. Schneider, laws (30 U.S.C. Ch. 2), but not from Native Hawaiian organizations. Lineal Assistant Secretary—Land and Minerals leasing under the mineral or geothermal descendants or representatives of any Management. leasing laws, or disposal under the Indian tribe or Native Hawaiian [FR Doc. 2015–30899 Filed 12–7–15; 8:45 am] Materials Act of 1947, on behalf of the organization not identified in this notice BILLING CODE 4310–HC–P Bureau of Land Management to protect that wish to request transfer of control unique archeological, historical, of these human remains and associated geological, and recreational values of funerary objects should submit a written DEPARTMENT OF THE INTERIOR these two sites. request to the Ohio History Connection. If no additional requestors come Bureau of Land Management Sixth Principal Meridian forward, transfer of control of the human remains and associated funerary [LLWY921000, L14300000.ET0000; WYW– Devil’s Gate 167985] objects to the lineal descendants, Indian T. 29 N., R. 87 W., tribes, or Native Hawaiian organizations 1 1 1 1 1 1 Public Land Order No. 7843; Sec. 35, NE ⁄4SE ⁄4, NE ⁄4NE ⁄4NW ⁄4SE ⁄4, stated in this notice may proceed. S1⁄2N1⁄2NW1⁄4SE1⁄4, S1⁄2NW1⁄4SE1⁄4, Withdrawal of Public Lands for the DATES N1⁄2SW1⁄4SE1⁄4, and N1⁄2SE1⁄4SE1⁄4. : Lineal descendants or Protection of the Split Rock and Devil’s representatives of any Indian tribe or Gate Interpretive Sites; Wyoming Split Rock Native Hawaiian organization not T. 29 N., R. 89 W., AGENCY: Bureau of Land Management, identified in this notice that wish to Sec. 30, lot 2, NE1⁄4NW1⁄4 and request transfer of control of these Interior. 1 1 1 N ⁄2SE ⁄4NW ⁄4. human remains and associated funerary ACTION: Public land order. T. 29 N., R. 90 W., objects should submit a written request Sec. 25, E1⁄2SW1⁄4NE1⁄4, SE1⁄4NE1⁄4, with information in support of the SUMMARY: This order withdraws 343.23 E1⁄2NW1⁄4SE1⁄4, NE1⁄4SE1⁄4, and acres of public lands from location and N1⁄2N1⁄2SE1⁄4SE1⁄4. request to the Ohio History Connection entry under the United States mining The areas described aggregate 343.23 acres, at the address in this notice by January laws, but not from leasing under the more or less, in Fremont and Natrona 7, 2016. mineral or geothermal leasing laws, or Counties, Wyoming. ADDRESSES: Bradley Lepper, Ohio disposal under the Materials Act of 2. The withdrawal made by this order History Connection, 800 East 17th 1947, for a period of 20 years to protect does not alter the applicability of the Avenue, Columbus, OH 43211, and preserve the Split Rock and Devil’s public land laws other than the mining telephone (614) 298–2064, email Gate interpretive sites located along laws. [email protected]. national historic trails in Fremont and 3. This withdrawal will expire 20 SUPPLEMENTARY INFORMATION: Notice is Natrona Counties, Wyoming. years from the effective date of this here given in accordance with the DATES: Effective Date: December 8, 2015. order, unless, as a result of a review Native American Graves Protection and FOR FURTHER INFORMATION CONTACT: conducted before the expiration date Repatriation Act (NAGPRA), 25 U.S.C. Janelle Wrigley, Realty Officer, Bureau pursuant to Section 204(f) of the Federal 3003, of the completion of an inventory of Land Management, Wyoming State Land Policy and Management Act of of human remains and associated

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funerary objects under the control of the Schoenbrunn, and these human remains Tribe of Indians, Oklahoma, and the Ohio History Connection, Columbus, were found mixed with the Delaware Nation, Oklahoma, that this OH. The human remains and associated Schoenbrunn human remains. It is notice has been published. funerary objects were removed from probable that the material comes from Dated: November 4, 2015. Schoenbrunn, Tuscarawas County, OH this time period. Alternatively, the Melanie O’Brien, and Gnadenhutten, Tuscarawas County, human remains could have been OH. excavated in the 1960’s prior to the Manager, National NAGPRA Program. This notice is published as part of the property being given to the Village of [FR Doc. 2015–30903 Filed 12–7–15; 8:45 am] National Park Service’s administrative Gnadenhutten. The remains represent BILLING CODE 4312–50–P responsibilities under NAGPRA, 25 three adults (A4578/1, 3 and 5) and one U.S.C. 3003(d)(3). The determinations in child (A4578/1.01). No known this notice are the sole responsibility of individuals were identified. The 13 DEPARTMENT OF THE INTERIOR the museum, institution, or Federal associated funerary objects are one National Park Service agency that has control of the Native small mammal mandible fragment American human remains and (A4578/2, found with A4578/1), nine [NPS–WASO–NAGPRA–19650; associated funerary objects. The miscellaneous animal bone fragments PPWOCRADN0–PCU00RP14.R50000] National Park Service is not responsible (A4578/4 found with A4578/3) and Notice of Inventory Completion: for the determinations in this notice. three pottery sherds (A4578/6 found American Museum of Natural History, with A4578/5). As Gnadenhutten has Consultation New York, NY strong historic ties to the Delaware A detailed assessment of the human Tribe, these human remains and AGENCY: National Park Service, Interior. remains was made by the Ohio History associated funerary objects are affiliated ACTION: Notice. Connection professional staff in with the Delaware Tribe of Indians, consultation with representatives of the Oklahoma. SUMMARY: The American Museum of Delaware Tribe of Indians, Oklahoma Natural History has completed an and the Delaware Nation, Oklahoma. Determinations Made by the Ohio inventory of human remains and History Connection History and Description of the Remains associated funerary objects in Officials of the Ohio History consultation with the appropriate In the 1920s, human remains Connection have determined that: Indian tribes or Native Hawaiian representing, at minimum, two • Pursuant to 25 U.S.C. 3001(9), the organizations, and has determined that individuals were removed from a burial human remains described in this notice there is a cultural affiliation between the site in Schoenbrunn, in Tuscarawas represent the physical remains of nine human remains and associated funerary County, OH. In 1927, William C. Mills individuals of Native American objects and present-day Indian tribes or investigated the cemetery, during which ancestry. Native Hawaiian organizations. Lineal • it is believed the human remains of a Pursuant to 25 U.S.C. 3001(3)(A), descendants or representatives of any child (A4213/2) and an adult (A4213/3) the thirteen objects described in this Indian tribe or Native Hawaiian were encountered. No known notice are reasonably believed to have organization not identified in this notice individuals were identified. No been placed with or near individual that wish to request transfer of control associated funerary objects are present. human remains at the time of death or of these human remains and associated On an unknown date, human remains later as part of the death rite or funerary objects should submit a written representing, at minimum, three adult ceremony. request to the American Museum of individuals were removed from a burial • Pursuant to 25 U.S.C. 3001(2), there Natural History. If no additional site in Schoenbrunn, in Tuscarawas is a relationship of shared group requestors come forward, transfer of County, OH. The human remains are a identity that can be reasonably traced control of the human remains and collection of modified (drilled) human between the Native American human associated funerary objects to the lineal phalanges from a ‘‘mound coffin’’ remains and associated funerary objects descendants, Indian tribes, or Native (A4213/1). As the remains were and the Delaware Tribe, Oklahoma. Hawaiian organizations stated in this modified, they were originally reported notice may proceed. as objects. Initially, the human remains Additional Requestors and Disposition were mistakenly reported as having Lineal descendants or representatives DATES: Lineal descendants or been removed from a different site of any Indian tribe or Native Hawaiian representatives of any Indian tribe or (A4487); their provenance was correctly organization not identified in this notice Native Hawaiian organization not identified in 2013. No known that wish to request transfer of control identified in this notice that wish to individuals were identified. As of these human remains and associated request transfer of control of these Schoenbrunn was founded by the funerary objects should submit a written human remains and associated funerary Moravian Church in 1772–1777, as a request with information in support of objects should submit a written request mission to the Delaware Indians, these the request to Bradley Lepper, Ohio with information in support of the human remains are affiliated to the History Connection, 800 East 17th request to the American Museum of Delaware Tribe of Indians, Oklahoma. Avenue, Columbus, OH 43211, Natural History at the address in this No associated funerary objects are telephone (614) 298–2064, email notice by January 7, 2016. present. [email protected], by January 7, ADDRESSES: Nell Murphy, American Either in the 1920s or the 1960s, 2016. After that date, if no additional Museum of Natural History, Central human remains representing, at requestors have come forward, transfer Park West at 79th Street, New York, NY minimum, four individuals were of control of the human remains and 10024, telephone (201) 876–4194, email probably removed from Gnadenhutten, associated funerary objects to the [email protected]. in Tuscarawas County, OH. Although Delaware Tribe of Indians, Oklahoma SUPPLEMENTARY INFORMATION: Notice is the human remains lack documentation, may proceed. here given in accordance with the William C. Mills was in the area of The Ohio History Connection is Native American Graves Protection and Gnadenhutten during his excavations at responsible for notifying the Delaware Repatriation Act (NAGPRA), 25 U.S.C.

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3003, of the completion of an inventory individuals were identified. The 3 Pueblo, New Mexico, Pueblo of San of human remains and associated associated funerary objects are 1 Felipe, New Mexico, and Pueblo of funerary objects under the control of the complete ceramic redware bowl, 1 Santa Ana, New Mexico may proceed. American Museum of Natural History, reconstructed ceramic polychrome The American Museum of Natural New York, NY. The human remains and bowl, and 1 mostly complete ceramic History is responsible for notifying Hopi associated funerary objects were grayware jar. Tribe of Arizona; Kewa Pueblo, New removed from Pueblo San Pedro Viejo, These remains, which have not been Mexico (previously listed as the Pueblo Bernalillo County, NM. directly dated, have been identified as of Santo Domingo); Ohkay Owingeh, This notice is published as part of the Native American based on archeological New Mexico (previously listed as the National Park Service’s administrative context and associated funerary objects. Pueblo of San Juan); Pueblo of Acoma, responsibilities under NAGPRA, 25 This Ancestral Pueblo village, more New Mexico; Pueblo of Cochiti, New U.S.C. 3003(d)(3). The determinations in commonly known as Paak’u, includes Mexico; Pueblo of Isleta, New Mexico; this notice are the sole responsibility of multiple components that date from Pueblo of Jemez, New Mexico; Pueblo of the museum, institution, or Federal Pueblo IV (A.D. 1300–1425) (Tano Laguna, New Mexico; Pueblo of Nambe, agency that has control of the Native Basin, Santa Fe Phase), and from New Mexico; Pueblo of Picuris, New American human remains and Spanish Contact/Colonial (A.D. 1525) to Mexico; Pueblo of Pojoaque, New associated funerary objects. The the Pueblo Revolt (A.D. 1692) (Tano Mexico; Pueblo of San Felipe, New National Park Service is not responsible Basin, Glaze E Phase). The pueblo was Mexico; Pueblo of San Ildefonso, New for the determinations in this notice. abandoned before 1680. Based on oral Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, New Mexico; Consultation traditions and expert opinion that Paak’u was an ancestral site to the Pueblo of Santa Clara, New Mexico; A detailed assessment of the human Pueblos of Kewa, San Felipe and Santa Pueblo of Taos, New Mexico; Pueblo of remains was made by the American Ana, the weight of evidence supports Tesuque, New Mexico; Pueblo of Zia, Museum of Natural History professional affiliation with Kewa Pueblo, New New Mexico; Ysleta del Sur Pueblo staff in consultation with Mexico, Pueblo of San Felipe, New (previously listed as Ysleta del Sur representatives of Hopi Tribe of Mexico, and Pueblo of Santa Ana, New Pueblo of Texas), Pueblo of San Felipe, Arizona; Kewa Pueblo, New Mexico Mexico. New Mexico, and Pueblo of Santa Ana, (previously listed as the Pueblo of Santo New Mexico, that this notice has been Domingo); Ohkay Owingeh, New Determinations Made by the American published. Mexico (previously listed as the Pueblo Museum of Natural History Dated: October 21, 2015. of San Juan); Pueblo of Acoma, New Officials of the American Museum of Melanie O’Brien, Mexico; Pueblo of Cochiti, New Mexico; Natural History have determined that: Pueblo of Isleta, New Mexico; Pueblo of • Pursuant to 25 U.S.C. 3001(9), the Manager, National NAGPRA Program. Jemez, New Mexico; Pueblo of Laguna, human remains described in this notice [FR Doc. 2015–30902 Filed 12–7–15; 8:45 am] New Mexico; Pueblo of Nambe, New represent the physical remains of 37 BILLING CODE 4312–50–P Mexico; Pueblo of Picuris, New Mexico; individuals of Native American Pueblo of Pojoaque, New Mexico; ancestry. Pueblo of San Felipe, New Mexico; • Pursuant to 25 U.S.C. 3001(3)(A), DEPARTMENT OF THE INTERIOR Pueblo of San Ildefonso, New Mexico; the 3 objects described in this notice are National Park Service Pueblo of Sandia, New Mexico; Pueblo reasonably believed to have been placed of Santa Ana, New Mexico; Pueblo of with or near individual human remains [NPS–WASO–NAGPRA–19690; Santa Clara, New Mexico; Pueblo of at the time of death or later as part of PPWOCRADN0–PCU00RP14.R50000] Taos, New Mexico; Pueblo of Tesuque, the death rite or ceremony. Notice of Inventory Completion: New Mexico; Pueblo of Zia, New • Pursuant to 25 U.S.C. 3001(2), there Minnesota Indian Affairs Council, Mexico; Ysleta del Sur Pueblo is a relationship of shared group Bemidji, MN (previously listed as Ysleta del Sur identity that can be reasonably traced Pueblo of Texas). between the Native American human AGENCY: National Park Service, Interior. remains and associated funerary objects History and Description of the Remains ACTION: Notice. and Kewa Pueblo, New Mexico, Pueblo In 1914, human remains representing, of San Felipe, New Mexico, and Pueblo SUMMARY: The Minnesota Indian Affairs at minimum, 37 individuals were of Santa Ana, New Mexico. Council has completed an inventory of removed from Pueblo San Pedro Viejo, human remains and an associated in Bernalillo County, NM during Nels C. Additional Requestors and Disposition funerary object, in consultation with the Nelson’s excavations sponsored by the Lineal descendants or representatives appropriate Indian tribes or Native American Museum of Natural History. A of any Indian tribe or Native Hawaiian Hawaiian organizations, and has total of 13 individuals were removed organization not identified in this notice determined that there is a cultural from the South Ruin, including 4 adult that wish to request transfer of control affiliation between the human remains females, 1 possible adult female of these human remains and associated and the associated funerary object and individual, 2 adults of unknown sex, 3 funerary objects should submit a written present-day Indian tribes or Native sub-adults of unknown sex, and 3 request with information in support of Hawaiian organizations. Lineal individuals of unknown age and sex. A the request to Nell Murphy, American descendants or representatives of any total of 23 individuals were removed Museum of Natural History, Central Indian tribe or Native Hawaiian from the North Ruin, including 3 adult Park West at 79th Street, New York, NY organization not identified in this notice males, 3 possible adult males, 2 adult 10024, (201) 876–4194, email that wish to request transfer of control females, 3 possible adult female [email protected]., by January 7, of these human remains and the individuals, 7 adults of unknown sex, 2016. After that date, if no additional associated funerary object should and 5 sub-adults of unknown sex. No requestors have come forward, transfer submit a written request to the provenience information was available of control of the human remains and Minnesota Indian Affairs Council. If no for 1 adult female individual. No known associated funerary objects to Kewa additional requestors come forward,

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transfer of control of the human remains remains were sent by the collector to the Spokane Reservation; and the and the associated funerary object to the Albert Jenks, a University of Minnesota Wanapum Band, a non-federally lineal descendants, Indian tribes, or professor. No known individuals were recognized Indian group. Native Hawaiian organizations stated in identified. The one associated funerary Additional Requestors and Disposition this notice may proceed. object is a glass bottle filled with gold- DATES: Lineal descendants or bearing black sand from the Columbia Lineal descendants or representatives representatives of any Indian tribe or River. of any Indian tribe or Native Hawaiian Native Hawaiian organization not The information that accompanied the organization not identified in this notice identified in this notice that wish to human remains and associated funerary that wish to request transfer of control request transfer of control of these object indicated that the human remains of these human remains and associated human remains and the associated and associated funerary object were funerary objects should submit a written funerary object should submit a written removed from a site along the Columbia request with information in support of the request to James L. Jones, Jr., request with information in support of River in Washington State. Based on Cultural Resource Specialist, Minnesota the request to the Minnesota Indian osteological evidence, oral tradition, Indian Affairs Council, 113 2nd Avenue Affairs Council at the address in this archeological and geographical evidence NW., Suite 110A, Bemidji, MN 56601, notice by January 7, 2016. for the Columbia Plateau from the prehistoric through the historic times telephone (218) 209–7916, by January 7, ADDRESSES: James L. Jones, Jr., Cultural along with consultation with the 2016. After that date, if no additional Resource Specialist, Minnesota Indian Confederated Tribes and Bands of the requestors have come forward, transfer Affairs Council, 113 2nd Avenue NW., Yakama Nation; Confederated Tribes of of control of the human remains and Suite 110A, Bemidji, MN 56601, the Umatilla Indian Reservation associated funerary objects to the telephone (218) 209–7916. (previously listed as the Confederated Confederated Tribes and Bands of the SUPPLEMENTARY INFORMATION: Notice is Tribes of the Umatilla Reservation, Yakama Nation; Confederated Tribes of here given in accordance with the Oregon); Confederated Tribes of the Siletz Indians of Oregon (previously Native American Graves Protection and Warm Springs Reservation of Oregon; listed as the Confederated Tribes of the Repatriation Act (NAGPRA), 25 U.S.C. Nez Perce Tribe (previously listed as the Siletz Reservation); Confederated Tribes 3003, of the completion of an inventory Nez Perce Tribe of Idaho); Spokane of the Chehalis Reservation; of human remains and an associated Tribe of the Spokane Reservation; and Confederated Tribes of the Colville funerary object under the control of the the Wanapum Band, a non-federally Reservation; Confederated Tribes of the Minnesota Indian Affairs Council, recognized Indian group, the remains Grand Ronde Community of Oregon; Bemidji, MN. The human remains and have been determined to be Native Confederated Tribes of the Umatilla associated funerary object were removed American. Indian Reservation (previously listed as from an unknown site on the Columbia the Confederated Tribes of the Umatilla Determinations Made by the Minnesota River, WA. Reservation, Oregon); Confederated Indian Affairs Council This notice is published as part of the Tribes of the Warm Springs Reservation National Park Service’s administrative Officials of the Minnesota Indian of Oregon; Nez Perce Tribe (previously responsibilities under NAGPRA, 25 Affairs Council have determined that: listed as the Nez Perce Tribe of Idaho); • U.S.C. 3003(d)(3). The determinations in Pursuant to 25 U.S.C. 3001(9), the Spokane Tribe of the Spokane this notice are the sole responsibility of human remains described in this notice Reservation; and the Wanapum Band, a the museum, institution, or Federal represent the physical remains of one non-federally recognized Indian group, agency that has control of the Native individual of Native American ancestry. • may proceed. American human remains. The National Pursuant to 25 U.S.C. 3001(3)(A), The Minnesota Indian Affairs Council Park Service is not responsible for the the one object described in this notice is responsible for notifying the determinations in this notice. is reasonably believed to have been Confederated Tribes and Bands of the placed with or near individual human Consultation Yakama Nation; Confederated Tribes of remains at the time of death or later as Siletz Indians of Oregon (previously A detailed assessment of the human part of the death rite or ceremony. • listed as the Confederated Tribes of the remains was made by the Minnesota Pursuant to 25 U.S.C. 3001(2), there Siletz Reservation); Confederated Tribes Indian Affairs Council professional staff is a relationship of shared group of the Chehalis Reservation; in consultation with representatives of identity that can be reasonably traced Confederated Tribes of the Colville the Confederated Tribes and Bands of between the Native American human Reservation; Confederated Tribes of the the Yakama Nation; Confederated Tribes remains and associated funerary object Grand Ronde Community of Oregon; of the Umatilla Indian Reservation and the Confederated Tribes and Bands Confederated Tribes of the Umatilla (previously listed as the Confederated of the Yakama Nation; Confederated Indian Reservation (previously listed as Tribes of the Umatilla Reservation, Tribes of Siletz Indians of Oregon the Confederated Tribes of the Umatilla Oregon); Confederated Tribes of the (previously listed as the Confederated Reservation, Oregon); Confederated Warm Springs Reservation of Oregon; Tribes of the Siletz Reservation); Tribes of the Warm Springs Reservation Nez Perce Tribe (previously listed as the Confederated Tribes of the Chehalis of Oregon; Nez Perce Tribe (previously Nez Perce Tribe of Idaho); Spokane Reservation; Confederated Tribes of the listed as the Nez Perce Tribe of Idaho); Tribe of the Spokane Reservation; and Colville Reservation; Confederated Spokane Tribe of the Spokane the Wanapum Band, a non-federally Tribes of the Grand Ronde Community Reservation; and the Wanapum Band, a recognized Indian group, a non- of Oregon; Confederated Tribes of the non-federally recognized Indian group, federally recognized Indian group. Umatilla Indian Reservation (previously that this notice has been published. listed as the Confederated Tribes of the History and Description of the Remains Umatilla Reservation, Oregon); Dated: October 29, 2015. In 1934, human remains representing, Confederated Tribes of the Warm Melanie O’Brien, at minimum, one individual were Springs Reservation of Oregon; Nez Manager, National NAGPRA Program. removed from an unknown location on Perce Tribe (previously listed as the Nez [FR Doc. 2015–30904 Filed 12–7–15; 8:45 am] the Columbia River, WA. The human Perce Tribe of Idaho); Spokane Tribe of BILLING CODE 4312–50–P

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DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: authority under FOGRMA to the Bureau Title: 30 CFR 250, Subpart K, Oil and of Safety and Environmental Bureau of Safety and Environmental Gas Production Requirements. Enforcement (BSEE), 30 U.S.C. 1751 is Enforcement Form(s): BSEE–0126 and BSEE–0128. included as additional authority for OMB Control Number: 1014–0019. [Docket ID BSEE–BSEE–2015–0011; OMB these requirements. Abstract: The Outer Continental Shelf The Independent Offices Control Number 1014–0019; 15XE1700DX (OCS) Lands Act (OCSLA), at 43 U.S.C. EEEE500000 EX1SF0000.DAQ000] Appropriations Act (31 U.S.C. 9701), the 1334 authorizes the Secretary of the Omnibus Appropriations Bill (Pub. L. Information Collection Activities: Oil Interior to prescribe rules and 104–133, 110 Stat. 1321, April 26, and Gas Production Requirements; regulations necessary for the 1996), and OMB Circular A–25, Submitted for Office of Management administration of the leasing provisions authorize Federal agencies to recover and Budget (OMB) Review; Comment of that Act related to mineral resources the full cost of services that confer Request on the OCS. Such rules and regulations special benefits. Under the Department will apply to all operations conducted of the Interior’s implementing policy, ACTION: 30-day Notice. under a lease, right-of-way, or a right-of- BSEE is required to charge the full cost use and easement. Operations on the for services that provide special benefits SUMMARY: To comply with the OCS must preserve, protect, and or privileges to an identifiable non- Paperwork Reduction Act of 1995 develop oil and natural gas resources in Federal recipient above and beyond (PRA), the Bureau of Safety and a manner that is consistent with the those that accrue to the public at large. Environmental Enforcement (BSEE) is need to make such resources available Several requests for approval required notifying the public that we have to meet the Nation’s energy needs as in Subpart K are subject to cost recovery submitted to OMB an information rapidly as possible; to balance orderly and BSEE regulations specify service collection request (ICR) to renew energy resource development with fees for these requests. approval of the paperwork requirements protection of human, marine, and Regulations implementing these in the regulations under subpart K, Oil coastal environments; to ensure the responsibilities are among those and Gas Production Requirements. This public a fair and equitable return on the delegated to BSEE. notice also provides the public a second resources of the OCS; and to preserve Responses are mandatory or are opportunity to comment on the revised and maintain free enterprise required to obtain or retain a benefit. No paperwork burden of these regulatory competition. questions of a sensitive nature are requirements. Section 5(a) of the OCS Lands Act asked. BSEE protects information requires the Secretary to prescribe rules DATES: You must submit comments by considered proprietary under the and regulations ‘‘to provide for the January 7, 2016. Freedom of Information Act (5 U.S.C. prevention of waste, and conservation of 552) and DOI’s implementing ADDRESSES: Submit comments by either the natural resources of the Outer fax (202) 395–5806 or email (OIRA_ regulations (43 CFR 2), and under Continental Shelf, and the protection of regulations at 30 CFR part 250.197, Data [email protected]) directly to correlative rights therein’’ and to the Office of Information and Regulatory and information to be made available to include provisions ‘‘for the prompt and the public or for limited inspection, 30 Affairs, OMB, Attention: Desk Officer efficient exploration and development for the Department of the Interior (1014– CFR part 252, OCS Oil and Gas of a lease area.’’ Information Program. 0019). Please provide a copy of your Section 1334(g)(2) states ‘‘. . . the comments to BSEE by any of the means The information collected under lessee shall produce such oil or gas, or Subpart K is used in our efforts to below. both, at rates . . . to assure the • Electronically go to http:// conserve natural resources, prevent maximum rate of production which may waste, and protect correlative rights, www.regulations.gov. In the Search box, be sustained without loss of ultimate enter BSEE–2015–0011 then click including the Federal Government’s recovery of oil or gas, or both, under royalty interest. Specifically, BSEE uses search. Follow the instructions to sound engineering and economic submit public comments and view all the information to: principles, and which is safe for the • Evaluate requests to burn liquid related materials. We will post all duration of the activity covered by the hydrocarbons and vent and flare gas to comments. approved plan.’’ ensure that these requests are • Email [email protected], fax In addition to the general authority of appropriate; (703) 787–1546, or mail or hand-carry OCSLA, section 301(a) of the Federal • determine if a maximum comments to the Department of the Oil and Gas Royalty Management Act production or efficient rate is required; Interior; Bureau of Safety and (FOGRMA), 30 U.S.C. 1751(a), grants and, Environmental Enforcement; authority to the Secretary to prescribe • review applications for downhole Regulations and Standards Branch; such rules and regulations as are commingling to ensure that action does ATTN: Cheryl Blundon; 45600 reasonably necessary to carry out not result in harm to ultimate recovery. Woodland Road, Sterling, VA 20166. FOGRMA’s provisions. While the We collect the information required Please reference ICR 1014–0019 in your majority of FOGRMA is directed to under this Subpart for reservoir, comment and include your name and royalty collection and enforcement, reserves, and conservation analyses, return address. some provisions apply to offshore including the determination of FOR FURTHER INFORMATION CONTACT: operations. For example, section maximum production rates (MPRs) Cheryl Blundon, Regulations and 109(c)(2) and (d)(1), 30 U.S.C. 1719(c)(2) when necessary for certain oil and gas Standards Branch, (703) 787–1607, to and (d)(1), impose substantial civil completions and to evaluate the results request additional information about penalties for failure to permit lawful of well tests to determine if reservoirs this ICR. To see a copy of the entire ICR inspections and for knowing or willful are being depleted in a manner that will submitted to OMB, go to http:// preparation or submission of false, lead to the greatest ultimate recovery of www.reginfo.gov (select Information inaccurate, or misleading reports, hydrocarbons. Collection Review, Currently Under records, or other information. Because The current subpart K regulations also Review). the Secretary has delegated some of the specify the use of forms BSEE–0126

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(Well Potential Test Report) and BSEE– Under BSEE–0128, we use this Description of Respondents: Potential 0128 (Semiannual Well Test Report). information to evaluate the results of respondents comprise OCS Federal oil, Under BSEE–0126, we use this well tests to determine if reservoirs are gas, or sulphur lessees and/or operators. information for reservoir, reserves, and being depleted in a manner that will Estimated Reporting and conservation analyses, including the lead to the greatest ultimate recovery of Recordkeeping Hour Burden: The determination of maximum production hydrocarbons. This information is estimated annual hour burden for this rates (MPRs) when necessary for certain collected to determine the capability of oil and gas completions. This hydrocarbon wells and to evaluate and information collection is a total of requirement implements the verify an operator’s approved maximum 46,136 hours. The following chart conservation provisions of the OCS production rate if assigned. The form details the individual components and Lands Act and 30 CFR 250. The was designed to present current well estimated hour burdens. In calculating information obtained from the well data on a semiannual basis to permit the the burdens, we assumed that potential test is essential to determine if updating of permissible producing rates, respondents perform certain an MPR is necessary for a well and to and to provide the basis for estimates of requirements in the normal course of establish the appropriate rate. It is not currently remaining recoverable gas their activities. We consider these to be possible to specify an MPR in the reserves. usual and customary and took that into absence of information about the Frequency: On occasion, weekly, account in estimating the burden. production rate capability (potential) of monthly, semi-annual, annual, and the well. varies as required by regulations.

BURDEN TABLE

Non-hour cost burdens 30 CFR 250 Subpart K Reporting & recordkeeping requirement * Annual burden and related NTLs Hour burden Average number of hours annual responses (rounded)

WELL TESTS/SURVEYS and CLASSIFYING RESERVOIRS

1151(a)(1), (c); 1167 ...... Conduct well production test; submit Form BSEE– 3.4 587 forms and information 1,996 0126 (Well Potential Test Report) and supporting information within 15 days after end of test period.

1151(a)(2), (c); 1167 ...... Conduct well production test; submit Form BSEE– 3.2 8,605 forms and informa- 27,536 0128 (Semiannual Well Test Report) and sup- tion. porting information within 45 days after end of cal- endar half-year.

1151(b) ...... Request extension of time to submit results of semi- 0.6 8 requests...... 5 annual well test.

1152(b), (c); ...... Request approval to conduct well testing using alter- 0.9 7 requests...... 6 native procedures.

1152(d) ...... Provide advance notice of time and date of well 0.6 36 notices...... 22 tests.

Subtotal ...... 9,243 responses ...... 29,565

APPROVALS PRIOR TO PRODUCTION

1156; 1167 ...... Request approval to produce within 500 feet of a 8.75 20 requests...... 175 unit or lease line; submit supporting information/ documentation; notify adjacent operators and pro- vide BSEE proof of notice date.

$3,892 × 20 requests = $77,840

1156(b); 1158(b) ...... Notify adjacent operators submit letters of accept- 1.63 20 letters...... 33 ance or objection to BSEE within 30 days after notice; include proof of notice date.

1157; 1167 ...... Request approval to produce gas-cap gas in an oil 16.2 22 requests...... 356 reservoir with an associated gas cap, or to con- tinue producing an oil well showing characteristics of a gas well with an associated gas cap; submit producing an oil well showing characteristics of a gas well with an associated gas cap; submit sup- porting information.

$4,953 × 22 requests = $108,966

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BURDEN TABLE—Continued

Non-hour cost burdens 30 CFR 250 Subpart K Reporting & recordkeeping requirement * Annual burden and related NTLs Hour burden Average number of hours annual responses (rounded)

1158; 1167 ...... Request approval to downhole commingle hydro- 24 30 applications...... 720 carbons; submit supporting information; notify op- erators and provide proof of notice date.

$5,779 × 30 applications = $173,370

Subtotal ...... 92 responses ...... 1,284

$360,176 non-hour costs

FLARING, VENTING, and BURNING HYDROCARBONS

1160; 1161; 1163(e) ...... Request approval to flare or vent natural gas or ex- 2.55 231 requests/reports...... 589 ceed specified time limits/volumes; submit evalua- tion/documentation; report flare/vent information due to blow down of transportation pipelines with- in 72 hours after incident.

1160(b); 1164(b)(1), (2) .... H2S Contingency, Exploration, or Development and Production Plans and, Development Oper- 0 ations Coordination Documents—burdens covered under 1014–0018 and BOEM’s 1010–0151. Monitor air quality and report—burdens covered under 1010–0057.

1162; 1163(e) ...... Request approval to burn produced liquid hydro- 1.25 3 requests/reports...... 4 carbons; demonstrate no risk and/or submit docu- mentation re transport. If approval needed, submit documentation with relevant information re hydro- carbons burned under the approval.

1163 ...... Initial purchase or replacement of gas meters to 13 meters @$77,000 each—$1,001,000 measure the amount of gas flared or vented. This is a non-hour cost burden.

1163(a)(1) ...... Notify BSEE when facility begins to process more 1.25 33 notices...... 41 than an average of 2,000 bopd per month.

1163(b); ...... Report to ONRR hydrocarbons produced, including measured gas flared/vented and liquid hydro- 0 carbon burned—burden covered under 1012–0004.

1163(a), (c), (d) ...... Maintain records for 6 years detailing on a daily and 14.8 914 platforms (gas flare/ 13,527 monthly cumulative basis gas flaring/venting, liq- vent). uid hydrocarbon burning; and flare/vent meter re- 1 60 liquid hydrocarbon ...... 60 cordings; make available for inspection or provide copies upon request.

1164(c) ...... Submit monthly reports of flared or vented gas con- 3.6 15 operators × 12 mos. = 648 taining H2S. 180.

Subtotal ...... 1,434 responses ...... 14,869

$1,001,000 non-hour costs

OTHER REQUIREMENTS

1165 ...... Submit proposed plan and supporting information 12 18 plans...... 216 for enhanced recovery operations.

1165(c) ...... Submit periodic reports of volumes of oil, gas, or other substances injected, produced, or pro- 0 duced for a second time—burden covered under ONRR’s 1012–0004.

1166 ...... Alaska Region only: submit annual reservoir man- 1 1 (req’d by State, BSEE 1 agement report and supporting information. gets copy).

100 1 new development not 100 State lands.

20 1 revision...... 20

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BURDEN TABLE—Continued

Non-hour cost burdens 30 CFR 250 Subpart K Reporting & recordkeeping requirement * Annual burden and related NTLs Hour burden Average number of hours annual responses (rounded)

1150–1167 ...... General departure or alternative compliance re- 2.8 29 submissions...... 81 quests not specifically covered elsewhere in Sub- part K.

Subtotal ...... 50 responses ...... 418

Total Burden ...... 10,819 Responses ...... 46,136

$1,361,176 non-hour cost burdens * In the future, BSEE may require electronic filing of some submissions.

Estimated Reporting and burdens, for a total of $1,361,176. Three of certain submissions. The fourth cost Recordkeeping Non-Hour Cost Burden: are service fees required to recover the is an IC equipment expenditure. The We have identified four non-hour cost Federal Government’s processing costs details are as follows:

§ 250.1156 requires a service fee when submitting a request for approval to produce within 500 feet of a unit or lease line ..... $3,892 § 250.1157 requires a service fee when submitting a request for approval before producing gas-cap gas from each completion in an oil reservoir known to have an associated gas cap, or to continue producing if an oil reservoir is not initially known to have an associated gas cap, but begins to show characteristics of a gas well ...... $4,953 § 250.1158 requires a service fee for submitting a request for approval to downhole commingle hydrocarbons ...... $5,779 § 250.1163 requires respondents to purchase and install gas meters to measure the amount of gas flared or vented gas for those that produce more than 2,000 bopd and do not already have a meter or need to replace a meter ...... $77,000

We have not identified any other non- 30 CFR 250, subpart K regulations and because in addition to the form, hour cost burden associated with this forms. The regulation also informs the structure maps, well log sections, and collection of information. public that they may comment at any other proprietary data are attached as Public Disclosure Statement: The PRA time on the collections of information part of the submittal. Therefore, it (44 U.S.C. 3501, et seq.,) provides that and provides the address to which they would not be efficient to have operators an agency may not conduct or sponsor should send comments. We received submit the data on the form separate a collection of information unless it eight comments (seven of which were from the structure maps, etc. BSEE does displays a currently valid OMB control from the same individual) in response to agree that a long term solution could be number. Until OMB approves a the Federal Register notice or to have all such data submitted collection of information, you are not unsolicited comments from respondents electronically and will continue to obligated to respond. covered under these regulations. While pursue. Comments: Section 3506(c)(2)(A) of the majority of the comments were not In response to the comment that we the PRA (44 U.S.C. 3501, et seq.,) germane to the paperwork burden of should ‘‘streamline the reporting as to requires each agency ‘‘. . . to provide this collection; we have responded to reduce the burden to the oil and gas notice . . . and otherwise consult with the specific electronic burden companies’’, if we did not collect the members of the public and affected comments, and some broad based information required in this subpart, agencies concerning each proposed reporting requirement comments. BSEE would be unable to effectively collection of information . . .’’ Agencies In response to the comment that carry out: The mandate of the OCS must specifically solicit comments to: ‘‘BSEE is still in the paper collection Lands Act, administer the offshore (a) Evaluate whether the collection is and data entry paradigm’’ regarding the program, and promote and ensure the necessary or useful; (b) evaluate the Well Potential Test Report (Form BSEE– safety of the environment and personnel accuracy of the burden of the proposed 0126) and the Semiannual Well Test working on the OCS. collection of information; (c) enhance Report (Form BSEE–0128), we offer the In response to the comment, ‘‘the oil the quality, usefulness, and clarity of following. Regarding the Semiannual and gas companies should only be the information to be collected; and (d) Well Test Report, starting in 2009, we required to report oil and gas minimize the burden on the strongly encouraged operators to submit production and operations to one office. respondents, including the use of the data electronically as there is no This will reduce the reporting technology. regulatory authority to require requirements and costs to the To comply with the public electronic submittals. BSEE estimates companies and those savings, should consultation process, on August 27, that 40–50 percent of this data is hopefully be passed upon to the 2015, we published a Federal Register currently submitted electronically. consumers. Therefore, BSEE and BOEM notice (80 FR 52061) announcing that When submitted electronically, there is should have one central point of contact we would submit this ICR to OMB for obviously no need for a public to receive information from the oil and approval. The notice provided the information copy. BSEE continues to gas companies. Duplicative reporting required 60-day comment period. In encourage operators to submit this data should be avoided’’. Our response, addition, § 250.199 provides the OMB electronically. Regarding the Well BSEE agrees that duplicative reporting Control Number for the information Potential Test Report, they are not should be avoided. There is no one collection requirements imposed by the currently submitted electronically central reporting location for both BSEE

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and BOEM. However, BSEE works importers, and exporters of controlled classes of controlled substances. closely with BOEM to review the substances (other than final orders in Comments and requests for hearings on regulatory reporting requirements and to connection with suspension, denial, or applications to import narcotic raw ensure there is no duplicative reporting. revocation of registration) has been material are not appropriate. 72 FR 3417 For more information on BSEE and redelegated to the Deputy Assistant (January 25, 2007). No comments or BOEM individual reporting Administrator of the DEA Office of objections were submitted for this requirements refer to 30 CFR 250 and Diversion Control (‘‘Deputy Assistant notice. 550 respectively. Administrator’’) pursuant to section 7 of The DEA has considered the factors in Public Availability of Comments: 28 CFR part 0, appendix to subpart R. 21 U.S.C. 823, 952(a) and 958(a) and Before including your address, phone In accordance with 21 CFR determined that the registration of number, email address, or other 1301.33(a), this is notice that on October Cambrex Charles City to import the personal identifying information in your 26, 2015, Johnson Matthey basic classes of controlled substances is comment, you should be aware that Pharmaceutical Materials, Inc., consistent with the public interest and your entire comment—including your Pharmaceutical Service, 25 Patton Road, with United States obligations under personal identifying information—may Devens, Massachusetts 01434 applied to international treaties, conventions, or be made publicly available at any time. be registered as a bulk manufacturer of protocols in effect on May 1, 1971. The While you can ask us in your comment the following basic classes controlled DEA investigated the company’s to withhold your personal identifying substances: maintenance of effective controls information from public review, we against diversion by inspecting and cannot guarantee that we will be able to Controlled substance Schedule testing the company’s physical security do so. systems, verifying the company’s Amphetamine (1100) ...... II compliance with state and local laws, Dated: November 19, 2015. Methylphenidate (1724) ...... II Robert W. Middleton, Nabilone (7379) ...... II and reviewing the company’s Deputy Chief, Office of Offshore Regulatory Hydrocodone (9193) ...... II background and history. Programs. Alfentanil (9737) ...... II Therefore, pursuant to 21 U.S.C. [FR Doc. 2015–30883 Filed 12–7–15; 8:45 am] Remifentanil (9739) ...... II 952(a) and 958(a), and in accordance Sufentanil (9740) ...... II BILLING CODE 4310–VH–P with 21 CFR 1301.34, the above-named company is granted registration as an The company plans to utilize this importer of the following basic classes DEPARTMENT OF JUSTICE facility to manufacture small quantities of controlled substances: of the listed controlled substances in Drug Enforcement Administration bulk and to conduct analytical testing in Controlled substance Schedule support of the company’s primary [Docket No. DEA–392] manufacturing facility in West Deptford, 4-Anilino-N-phenethyl-4-piperidine II New Jersey. The controlled substances (ANPP) (8333). Bulk Manufacturer of Controlled Phenylacetone (8501) ...... II manufactured in bulk at this facility will Substances Application: Johnson Opium, raw (9600) ...... II be distributed to its customers. Matthey Pharmaceutical Materials, Inc. Poppy Straw Concentrate (9670) II Dated: November 30, 2015. ACTION: Notice of application. Louis J. Milione, The company plans to import the Deputy Assistant Administrator. listed controlled substances for internal DATES: Registered bulk manufacturers of [FR Doc. 2015–30811 Filed 12–7–15; 8:45 am] use, and to manufacture bulk the affected basic classes, and intermediates for sale to its customers. applicants therefore, may file written BILLING CODE 4410–09–P Dated: November 30, 2015. comments on or objections to the Louis J. Milione, issuance of the proposed registration in DEPARTMENT OF JUSTICE accordance with 21 CFR 1301.33(a) on Deputy Assistant Administrator. or before February 8, 2016. Drug Enforcement Administration [FR Doc. 2015–30813 Filed 12–7–15; 8:45 am] ADDRESSES: Written comments should BILLING CODE 4410–09–P be sent to: Drug Enforcement [Docket No. DEA–392] Administration, Attention: DEA Federal Importer of Controlled Substances DEPARTMENT OF JUSTICE Register Representative/OD/D, 8701 Registration: Cambrex Charles City Morrissette Drive, Springfield, Virginia Drug Enforcement Administration 22152. Request for hearing should be ACTION: Notice of registration. sent to: Drug Enforcement [Docket No. DEA–392] Administration, Attention: Hearing SUMMARY: Cambrex Charles City applied Clerk/LJ, 8701 Morrissette Drive, to be registered as an importer of certain Importer of Controlled Substances Springfield, Virginia 22152. basic classes of controlled substances. Registration: Cody Laboratories, Inc. SUPPLEMENTARY INFORMATION: The The Drug Enforcement Administration Attorney General has delegated her (DEA) grants Cambrex Charles City ACTION: Notice of registration. authority under the Controlled registration as an importer of those Substances Act to the Administrator of controlled substances. SUMMARY: Cody Laboratories, Inc. the Drug Enforcement Administration SUPPLEMENTARY INFORMATION: By notice applied to be registered as an importer (DEA), 28 CFR 0.100(b). Authority to dated August 21, 2015, and published in of certain basic classes of controlled exercise all necessary functions with the Federal Register on August 31, substances. The Drug Enforcement respect to the promulgation and 2015, 80 FR 52510, Cambrex Charles Administration (DEA) grants Cody implementation of 21 CFR part 1301, City, 1205 11th Street, Charles City, Laboratories, Inc. registration as an incident to the registration of Iowa 50616–3466 applied to be importer of those controlled substances. manufacturers, distributors, dispensers, registered as an importer of certain basic SUPPLEMENTARY INFORMATION:

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By notice dated August 10, 2015, and DEPARTMENT OF JUSTICE The company plans to manufacture published in the Federal Register on bulk controlled substances for use in August 18, 2015, 80 FR 50032, Cody Drug Enforcement Administration product development and for Laboratories, Inc., 601 Yellowstone distribution to its customers. Avenue, Cody, Wyoming 82414–9321 [Docket No. DEA–392] In reference to drug code 7360 applied to be registered as an importer (marihuana), and 7370 (THC), the Bulk Manufacturer of Controlled of certain basic classes of controlled company plans to bulk manufacture Substances Application: AMRI these drugs as synthetic. No other substances. Comments and requests for Rensselaer, Inc. hearings on applications to import activities for these drug codes are authorized for this registration. narcotic raw material are not ACTION: Notice of application. appropriate. 72 FR 3417 (January 25, Dated: November 30, 2015. 2007). No comments or objections were DATES: Registered bulk manufacturers of Louis J. Milione, submitted for this notice. the affected basic classes, and Deputy Assistant Administrator. The DEA has considered the factors in applicants therefore, may file written [FR Doc. 2015–30812 Filed 12–7–15; 8:45 am] 21 U.S.C. 823, 952(a) and 958(a) and comments on or objections to the BILLING CODE 4410–09–P determined that the registration of Cody issuance of the proposed registration in Laboratories, Inc. to import the basic accordance with 21 CFR 1301.33(a) on or before February 8, 2016. classes of controlled substances is DEPARTMENT OF JUSTICE consistent with the public interest and ADDRESSES: Written comments should be sent to: Drug Enforcement Notice of Lodging of Proposed with United States obligations under Consent Decree Under CERCLA international treaties, conventions, or Administration, Attention: DEA Federal protocols in effect on May 1, 1971. The Register Representative/OD/D, 8701 On November 20, 2015, the Morrissette Drive, Springfield, Virginia DEA investigated the company’s Department of Justice lodged a proposed 22152. Request for hearing should be maintenance of effective controls Consent Decree with the United States sent to: Drug Enforcement District Court for the Northern District against diversion by inspecting and Administration, Attention: Hearing testing the company’s physical security of Oklahoma, in the lawsuit entitled Clerk/LJ, 8701 Morrissette Drive, United States v. The Doe Run Resources systems, verifying the company’s Springfield, Virginia 22152. compliance with state and local laws, Childress Royalty Corporation and NL SUPPLEMENTARY INFORMATION: and reviewing the company’s Industries Inc., Case No. 4:15–cv– The Attorney General has delegated background and history. 00663–CVE–TLW. her authority under the Controlled Defendants leased property where Therefore, pursuant to 21 U.S.C. Substances Act to the Administrator of mining operations took place at the Tar 952(a) and 958(a), and in accordance the Drug Enforcement Administration Creek Site. The proposed settlement with 21 CFR 1301.34, the above-named (DEA), 28 CFR 0.100(b). Authority to resolves the United States’ claims and company is granted registration as an exercise all necessary functions with the claims of the State of Oklahoma on importer of the following basic classes respect to the promulgation and behalf of the Oklahoma Department of of controlled substances: implementation of 21 CFR part 1301, Environmental Quality against The Doe incident to the registration of Run Resources Corporation (‘‘Doe Run’’) manufacturers, distributors, dispensers, and NL Industries Inc. (‘‘NL’’) under importers, and exporters of controlled Section 107 of CERCLA for recovery of Controlled substance Schedule substances (other than final orders in response costs incurred and to be connection with suspension, denial, or incurred at the Site. Under the proposed Phenylacetone (8501) ...... II revocation of registration) has been Consent Decree, Doe Run will pay Poppy Straw Concentrate (9670) II redelegated to the Deputy Assistant $3,433,137 and NL will pay $6,603,590 Tapentadol (9780) ...... II Administrator of the DEA Office of to resolve the United States’ claims. Doe Diversion Control (‘‘Deputy Assistant Run and NL will pay $62,000 and The company plans to import narcotic Administrator’’) pursuant to section 7 of $225,000 respectively to resolve the raw materials for manufacturing and 28 CFR part 0, appendix to subpart R. claims of the State. In addition, the further distribution to its customers. In accordance with 21 CFR Settling Federal Agency (the The company is registered with the DEA 1301.33(a), this is notice that on October Department of the Interior) is resolving as a manufacturer of several controlled 2, 2015, AMRI Rensselaer, Inc., 33 its CERCLA liability at the Site by substances that are manufactured from Riverside Avenue, Rensselaer, New paying $5.0 million. poppy straw concentrate. York 12144 applied to be registered as The publication of this notice opens a bulk manufacturer of the following The company plans to import an a period for public comment on the basic classes controlled substances: Consent Decree. Comments should be intermediate form of tapentadol (9780), addressed to the Assistant Attorney to bulk manufacturer tapentadol for Controlled substance Schedule General, Environment and Natural distribution to its customers. Marihuana (7360) ...... I Resources Division, and should refer to Dated: November 30, 2015. Tetrahydrocannabinols (7370) ..... I United States of America v. The Doe Louis J. Milione, Amphetamine (1100) ...... II Run Resources Childress Royalty Deputy Assistant Administrator. Lisdexamfetamine (1205) ...... II Corporation and NL Industries Inc., Methylphenidate (1724) ...... II [FR Doc. 2015–30814 Filed 12–7–15; 8:45 am] Case No. 4:15–cv–00663–CVE–TLW, D.J. Pentobarbital (2270) ...... II Ref. No. 90–11–2–330/10. All comments BILLING CODE 4410–09–P 4-Anilino-N-phenethyl-4-piperidine II must be submitted no later than thirty (ANPP) (8333). (30) days after the publication date of Meperidine (9230) ...... II Fentanyl (9801) ...... II this notice. Comments may be submitted either by email or by mail:

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To submit Stockman, (202) 358–4787, compliance with these acts and to comments: Send them to: [email protected]. preserve and promote the integrity of SUPPLEMENTARY INFORMATION: Pursuant public officials and institutions. By e-mail ...... pubcomment- [email protected]. to the provisions of the Privacy Act of ROUTINE USES OF RECORDS MAINTAINED IN THE By mail ...... Assistant Attorney General, 1974, 5 U.S.C. 552a, and as part of its SYSTEM, INCLUDING CATEGORIES OF USERS AND U.S. DOJ—ENRD, P.O. biennial System of Records review, THE PURPOSE OF SUCH USES: Box 7611, Washington, DC NASA proposes to modify its existing Any disclosures of information will 20044–7611. Standards of Conduct Counseling be compatible with the purpose for system of records. Specifically, the which the Agency collected the During the public comment period, existing system of records, Standards of information. Information from these the Consent Decree may be examined Conduct Counseling Case Files/NASA records may be disclosed: (1) To the and downloaded at this Justice 10SCCF, is being modified to add a Office of Personnel Management, Office Department Web site: http:// word to the SORN title, making it of Government Ethics, and Merit www.justice.gov/enrd/consent-decrees. ‘‘Ethics Standards of Conduct Systems Protection Board for We will provide a paper copy of the Counseling Case Files;’’ clarify the investigation of possible violations of Consent Decree upon written request Categories of Individuals on whom standards of conduct which the agencies and payment of reproduction costs. records are maintained; correct an directly oversee; and (2) in accordance Please mail your request and payment Authority citation; add a Purpose with NASA standard routine uses for all to: Consent Decree Library, U.S. DOJ— section; update the System Manager and of NASA’s systems of records as set ENRD, P.O. Box 7611, Washington, DC Safeguards sections; and provide minor forth in Appendix B. 20044–7611. refinements of Routine Uses and Please enclose a check or money order Retention and Disposal sections. POLICIES AND PRACTICES FOR STORING, for $16.25 (25 cents per page RETRIEVING, ACCESSING, RETAINING, AND reproduction cost) payable to the United Renee P. Wynn, DISPOSING OF RECORDS IN THE SYSTEM: States Treasury. NASA Chief Information Officer. STORAGE: Thomas P. Carroll, NASA 10SCCF (11–094, 76 FR 64115– Records in this system are maintained Assistant Section Chief, Environmental 64122) in paper form in loose-leaf binders or Enforcement Section, Environment and file folders, and in electronic media, Natural Resources Division. SYSTEM NAME: including NASA’s Ethics Program [FR Doc. 2015–30874 Filed 12–7–15; 8:45 am] Ethics Standards of Conduct Tracking System (EPTS). Counseling Case Files. BILLING CODE 4410–15–P RETRIEVABILITY: SECURITY CLASSIFICATION: Records are retrieved from the system None. by name of individual. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SYSTEM LOCATION: SAFEGUARDS: Non-electronic records are secured in [Notice (15–114)] Locations 1 through 11 inclusive, and Location 18, as set forth in Appendix A. locked rooms or locked file cabinets to which only persons authorized by the Privacy Act of 1974; Privacy Act CATEGORIES OF INDIVIDUALS COVERED BY THE System of Records General Counsel, Agency Counsel for SYSTEM: Ethics, or Center Chief Counsel have AGENCY: National Aeronautics and This system maintains information on access. Electronic records are Space Administration (NASA). current, former, and prospective NASA maintained on secure NASA servers and ACTION: Notice of proposed revisions to employees who have sought advice or protected in accordance with all Federal an existing Privacy Act system of have been counseled regarding conflict standards and those established in records. of interest rules and other Government NASA regulations at 14 CFR 1212.605 ethics requirements for Federal and applicable NASA policy. SUMMARY: Pursuant to the provisions of employees. Additionally, the Agency employs the Privacy Act of 1974 (5 U.S.C. 552a), CATEGORIES OF RECORDS IN THE SYSTEM: infrastructure encryption technologies the National Aeronautics and Space in data transmission between servers Depending upon the nature of the Administration is issuing public notice and data management environments problem, information collected may of its proposal to modify a previously therein. noticed system of records as set forth include employment history, financial below under the caption SUPPLEMENTARY data, and information concerning family RETENTION AND DISPOSAL: INFORMATION. members. Records are maintained in Agency DATES: Submit comments within 30 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: files and destroyed in accordance with calendar days from the date of this NASA Records Retention Schedules, publication. The changes will take effect 51 U.S.C. 20113(a); 44 U.S.C. 3101; 18 Schedule 1, Item 133. at the end of that period, if no adverse U.S.C. 201, 203, 205, 207–209; 5 U.S.C. SYSTEM MANAGERS AND ADDRESSES: comments are received. 7324–7327; 5 U.S.C. Appendix; 14 CFR part 1207; 5 CFR parts 2634–2641; 5 System Manager: Agency Counsel for ADDRESSES: Patti F. Stockman, Privacy CFR part 6901; and Executive Order Ethics, General Law Practice Group, Act Officer, Office of the Chief 12674, as modified by Executive Order Location 1. Sub-system Managers: Chief Information Officer, National 12731. Counsel, Locations 2 through 11, and Aeronautics and Space Administration Counsel to the Executive Director, Headquarters, Washington, DC 20546– PURPOSE: Location 18, as set forth in Appendix A. 0001, (202) 358–4787, NASAPAOfficer@ Records in this system are used to nasa.gov. enable ethics officials to render advice NOTIFICATION PROCEDURE: FOR FURTHER INFORMATION CONTACT: and legal determinations to NASA Information may be obtained from the NASA Privacy Act Officer, Patti F. employees and detailees to assure System Manager.

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RECORD ACCESS PROCEDURE: name; gender; date/place of birth; NATIONAL SCIENCE FOUNDATION Requests from individuals should be citizenship; visa information (number, addressed to the System Manager and type, expiration date); passport Notice of Permits Issued Under the must include employee’s full name and information (number, country, Antarctic Conservation Act of 1978 NASA Center where employed. expiration date); employer/affiliation AGENCY: National Science Foundation. information (name of institution, CONTESTING RECORD PROCEDURES: address, country, telephone); title/ ACTION: Notice of permits issued under The NASA regulations and position of attendee; and home address the Antarctic Conservation of 1978, procedures for access to records and for to Ms. Briana E. Horton, via email at Public Law 95–541. contesting contents and appealing [email protected] or by fax at SUMMARY: The National Science initial determinations by the individual (301) 286–1714. U.S. citizens and concerned appear at 14 CFR part 1212. Foundation (NSF) is required to publish Permanent Residents (green card notice of permits issued under the RECORD SOURCE CATEGORIES: holders) are requested to submit their Antarctic Conservation Act of 1978. name and affiliation 3 working days Information collected directly from This is the required notice. prior to the meeting to Briana Horton. individual and from his/her official FOR FURTHER INFORMATION CONTACT: employment record. Agenda: To hear presentations of Nature McGinn, ACA Permit Officer, current programming by representatives Division of Polar Programs, Rm. 755, [FR Doc. 2015–30865 Filed 12–7–15; 8:45 am] from NSF, NASA, DOE and other BILLING CODE 7510–13–P National Science Foundation, 4201 agencies relevant to astronomy and Wilson Boulevard, Arlington, VA 22230. astrophysics; to discuss current and Or by email: [email protected]. potential areas of cooperation between SUPPLEMENTARY INFORMATION: On NATIONAL SCIENCE FOUNDATION the agencies; to formulate September 22, 2015 the National recommendations for continued and Astronomy and Astrophysics Advisory Science Foundation published a notice new areas of cooperation and Committee; Notice of Meeting in the Federal Register of a permit mechanisms for achieving them. application received. The permit was In accordance with the Federal Dated: December 3, 2015. issued on December 1, 2015 to: Advisory Committee Act (Pub. L. 92– Crystal Robinson, Stephanie Jenouvrier, Permit No. 2016– 463, as amended), the National Science Committee Management Officer. 011. Foundation announces the following meeting: [FR Doc. 2015–30853 Filed 12–7–15; 8:45 am] Nadene G. Kennedy, Name: Astronomy and Astrophysics BILLING CODE 7555–01–P Polar Coordination Specialist, Division of Advisory Committee (#13883). Polar Programs. Date and Time: January 28, 2016; 9:00 NATIONAL SCIENCE FOUNDATION [FR Doc. 2015–30826 Filed 12–7–15; 8:45 am] a.m.–5:00 p.m., January 29, 2016; 9:00 BILLING CODE 7555–01–P a.m.–12:00 p.m. Notice of Permits Issued Under the Place: NASA Goddard Space Flight Antarctic Conservation Act of 1978 Center, 8800 Greenbelt Rd., Building 34, NUCLEAR REGULATORY Room W305, Greenbelt, MD 20771. AGENCY: National Science Foundation. COMMISSION Type of Meeting: Open. Contact Person: Dr. Jim Ulvestad, ACTION: Notice of permits issued under [NRC–2015–0269] Division Director, Division of the Antarctic Conservation of 1978, Astronomical Sciences, Suite 1045, Public Law 95–541. Biweekly Notice; Applications and National Science Foundation, 4201 Amendments to Facility Operating SUMMARY: Wilson Blvd., Arlington, VA 22230. The National Science Licenses and Combined Licenses Telephone: 703–292–7165. Foundation (NSF) is required to publish Involving No Significant Hazards Purpose of Meeting: To provide notice of permits issued under the Considerations advice and recommendations to the Antarctic Conservation Act of 1978. This is the required notice. AGENCY: Nuclear Regulatory National Science Foundation (NSF), the Commission. FOR FURTHER INFORMATION CONTACT: National Aeronautics and Space ACTION: Biweekly notice. Administration (NASA) and the U.S. Nature McGinn, ACA Permit Officer, Department of Energy (DOE) on issues Division of Polar Programs, Rm. 755, SUMMARY: Pursuant to Section 189a. (2) within the field of astronomy and National Science Foundation, 4201 of the Atomic Energy Act of 1954, as astrophysics that are of mutual interest Wilson Boulevard, Arlington, VA 22230. amended (the Act), the U.S. Nuclear and concern to the agencies. Or by email: [email protected]. Regulatory Commission (NRC) is SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: On publishing this regular biweekly notice. The meeting will be open to the September 22, 2015 the National The Act requires the Commission to public up to the capacity of the room. Science Foundation published a notice publish notice of any amendments Attendees will be requested to sign a in the Federal Register of a permit issued, or proposed to be issued, and register and to comply with NASA application received. The permit was grants the Commission the authority to security requirements, including the issued on December 1, 2015 to: issue and make immediately effective presentation of a valid picture ID to Stephanie Jenouvrier, Permit No. 2016– any amendment to an operating license Security before access to the Goddard 012. or combined license, as applicable, Space Flight Center. Foreign nationals upon a determination by the attending this meeting will be required Nadene G. Kennedy, Commission that such amendment to provide a copy of their passport and Polar Coordination Specialist, Division of involves no significant hazards visa in addition to providing the Polar Programs. consideration, notwithstanding the following information no less than 10 [FR Doc. 2015–30827 Filed 12–7–15; 8:45 am] pendency before the Commission of a working days prior to the meeting: Full BILLING CODE 7555–01–P request for a hearing from any person.

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This biweekly notice includes all ADAMS) is provided the first time that considered in making any final notices of amendments issued, or it is mentioned in the SUPPLEMENTARY determination. proposed to be issued from November INFORMATION section. Normally, the Commission will not • 10, 2015, to November 23, 2015. The NRC’s PDR: You may examine and issue the amendment until the last biweekly notice was published on purchase copies of public documents at expiration of 60 days after the date of November 24, 2015. the NRC’s PDR, Room O1–F21, One publication of this notice. The DATES: Comments must be filed by White Flint North, 11555 Rockville Commission may issue the license January 7, 2016. A request for a hearing Pike, Rockville, Maryland 20852. amendment before expiration of the 60- must be filed February 8, 2016. B. Submitting Comments day period provided that its final determination is that the amendment ADDRESSES: You may submit comments Please include Docket ID NRC–2015– involves no significant hazards by any of the following methods (unless 0269, facility name, unit number(s), consideration. In addition, the this document describes a different application date, and subject in your Commission may issue the amendment method for submitting comments on a comment submission. specific subject): The NRC cautions you not to include prior to the expiration of the 30-day • Federal Rulemaking Web site: Go to identifying or contact information that comment period should circumstances http://www.regulations.gov and search you do not want to be publicly change during the 30-day comment for Docket ID NRC–2015–0269. Address disclosed in your comment submission. period such that failure to act in a questions about NRC dockets to Carol The NRC posts all comment timely way would result, for example in Gallagher; telephone: 301–415–3463; submissions at http:// derating or shutdown of the facility. email: [email protected]. www.regulations.gov as well as entering Should the Commission take action • Mail comments to: Cindy Bladey, the comment submissions into ADAMS. prior to the expiration of either the Office of Administration, Mail Stop: The NRC does not routinely edit comment period or the notice period, it OWFN–12–H08, U.S. Nuclear comment submissions to remove will publish in the Federal Register a Regulatory Commission, Washington, identifying or contact information. notice of issuance. Should the DC 20555–0001. If you are requesting or aggregating Commission make a final No Significant For additional direction on obtaining comments from other persons for Hazards Consideration Determination, information and submitting comments, submission to the NRC, then you should any hearing will take place after see ‘‘Obtaining Information and inform those persons not to include issuance. The Commission expects that Submitting Comments’’ in the identifying or contact information that the need to take this action will occur SUPPLEMENTARY INFORMATION section of they do not want to be publicly very infrequently. this document. disclosed in their comment submission. A. Opportunity To Request a Hearing FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC and Petition for Leave To Intervene Sandra Figueroa, Office of Nuclear does not routinely edit comment Reactor Regulation, U.S. Nuclear submissions to remove such information Within 60 days after the date of Regulatory Commission, Washington, before making the comment publication of this notice, any person(s) DC 20555–0001; telephone: 301–415– submissions available to the public or whose interest may be affected by this 1262, email: [email protected]. entering the comment submissions into action may file a request for a hearing ADAMS. and a petition to intervene with respect SUPPLEMENTARY INFORMATION: to issuance of the amendment to the I. Obtaining Information and II. Notice of Consideration of Issuance subject facility operating license or Submitting Comments of Amendments to Facility Operating combined license. Requests for a Licenses and Combined Licenses and hearing and a petition for leave to A. Obtaining Information Proposed No Significant Hazards intervene shall be filed in accordance Please refer to Docket ID NRC–2015– Consideration Determination with the Commission’s ‘‘Agency Rules 0269 when contacting the NRC about The Commission has made a of Practice and Procedure’’ in 10 CFR the availability of information for this proposed determination that the part 2. Interested person(s) should action. You may obtain publicly- following amendment requests involve consult a current copy of 10 CFR 2.309, available information related to this no significant hazards consideration. which is available at the NRC’s PDR, action by any of the following methods: Under the Commission’s regulations in located at One White Flint North, Room • Federal Rulemaking Web site: Go to § 50.92 of Title 10 of the Code of Federal O1–F21, 11555 Rockville Pike (first http://www.regulations.gov and search Regulations (10 CFR), this means that floor), Rockville, Maryland 20852. The for Docket ID NRC–2015–0269. operation of the facility in accordance NRC’s regulations are accessible • NRC’s Agencywide Documents with the proposed amendment would electronically from the NRC Library on Access and Management System not (1) involve a significant increase in the NRC’s Web site at http:// (ADAMS): You may obtain publicly- the probability or consequences of an www.nrc.gov/reading-rm/doc- available documents online in the accident previously evaluated, or (2) collections/cfr/. If a request for a hearing ADAMS Public Documents collection at create the possibility of a new or or petition for leave to intervene is filed http://www.nrc.gov/reading-rm/ different kind of accident from any within 60 days, the Commission or a adams.html. To begin the search, select accident previously evaluated, or (3) presiding officer designated by the ‘‘ADAMS Public Documents’’ and then involve a significant reduction in a Commission or by the Chief select ‘‘Begin Web-based ADAMS margin of safety. The basis for this Administrative Judge of the Atomic Search.’’ For problems with ADAMS, proposed determination for each Safety and Licensing Board Panel, will please contact the NRC’s Public amendment request is shown below. rule on the request and/or petition; and Document Room (PDR) reference staff at The Commission is seeking public the Secretary or the Chief 1–800–397–4209, 301–415–4737, or by comments on this proposed Administrative Judge of the Atomic email to [email protected]. The determination. Any comments received Safety and Licensing Board will issue a ADAMS accession number for each within 30 days after the date of notice of a hearing or an appropriate document referenced (if it is available in publication of this notice will be order.

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As required by 10 CFR 2.309, a date of publication of this notice. limited appearance may make an oral or petition for leave to intervene shall set Requests for hearing, petitions for leave written statement of position on the forth with particularity the interest of to intervene, and motions for leave to issues, but may not otherwise the petitioner in the proceeding, and file new or amended contentions that participate in the proceeding. A limited how that interest may be affected by the are filed after the 60-day deadline will appearance may be made at any session results of the proceeding. The petition not be entertained absent a of the hearing or at any prehearing should specifically explain the reasons determination by the presiding officer conference, subject to the limits and why intervention should be permitted that the filing demonstrates good cause conditions as may be imposed by the with particular reference to the by satisfying the three factors in 10 CFR presiding officer. Persons desiring to following general requirements: (1) The 2.309(c)(1)(i)–(iii). make a limited appearance are name, address, and telephone number of If a hearing is requested, and the requested to inform the Secretary of the the requestor or petitioner; (2) the Commission has not made a final Commission by January 25, 2016. nature of the requestor’s/petitioner’s determination on the issue of no B. Electronic Submissions (E-Filing) right under the Act to be made a party significant hazards consideration, the to the proceeding; (3) the nature and Commission will make a final All documents filed in NRC extent of the requestor’s/petitioner’s determination on the issue of no adjudicatory proceedings, including a property, financial, or other interest in significant hazards consideration. The request for hearing, a petition for leave the proceeding; and (4) the possible final determination will serve to decide to intervene, any motion or other effect of any decision or order which when the hearing is held. If the final document filed in the proceeding prior may be entered in the proceeding on the determination is that the amendment to the submission of a request for requestor’s/petitioner’s interest. The request involves no significant hazards hearing or petition to intervene, and petition must also set forth the specific consideration, the Commission may documents filed by interested contentions which the requestor/ issue the amendment and make it governmental entities participating petitioner seeks to have litigated at the immediately effective, notwithstanding under 10 CFR 2.315(c), must be filed in proceeding. the request for a hearing. Any hearing accordance with the NRC’s E-Filing rule Each contention must consist of a held would take place after issuance of (72 FR 49139; August 28, 2007). The E- specific statement of the issue of law or the amendment. If the final Filing process requires participants to fact to be raised or controverted. In determination is that the amendment submit and serve all adjudicatory addition, the requestor/petitioner shall request involves a significant hazards documents over the internet, or in some provide a brief explanation of the bases consideration, then any hearing held cases to mail copies on electronic for the contention and a concise would take place before the issuance of storage media. Participants may not statement of the alleged facts or expert any amendment unless the Commission submit paper copies of their filings opinion which support the contention finds an imminent danger to the health unless they seek an exemption in and on which the requestor/petitioner or safety of the public, in which case it accordance with the procedures intends to rely in proving the contention will issue an appropriate order or rule described below. at the hearing. The requestor/petitioner under 10 CFR part 2. To comply with the procedural must also provide references to those A State, local governmental body, requirements of E-Filing, at least 10 specific sources and documents of Federally-recognized Indian Tribe, or days prior to the filing deadline, the which the petitioner is aware and on agency thereof, may submit a petition to participant should contact the Office of which the requestor/petitioner intends the Commission to participate as a party the Secretary by email at to rely to establish those facts or expert under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone opinion. The petition must include should state the nature and extent of the at 301–415–1677, to request (1) a digital sufficient information to show that a petitioner’s interest in the proceeding. identification (ID) certificate, which genuine dispute exists with the The petition should be submitted to the allows the participant (or its counsel or applicant on a material issue of law or Commission by December 28, 2015. The representative) to digitally sign fact. Contentions shall be limited to petition must be filed in accordance documents and access the E-Submittal matters within the scope of the with the filing instructions in the server for any proceeding in which it is amendment under consideration. The ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the contention must be one which, if section of this document, and should Secretary that the participant will be proven, would entitle the requestor/ meet the requirements for petitions for submitting a request or petition for petitioner to relief. A requestor/ leave to intervene set forth in this hearing (even in instances in which the petitioner who fails to satisfy these section, except that under § 2.309(h)(2) participant, or its counsel or requirements with respect to at least one a State, local governmental body, or representative, already holds an NRC- contention will not be permitted to Federally-recognized Indian Tribe, or issued digital ID certificate). Based upon participate as a party. agency thereof does not need to address this information, the Secretary will Those permitted to intervene become the standing requirements in 10 CFR establish an electronic docket for the parties to the proceeding, subject to any 2.309(d) if the facility is located within hearing in this proceeding if the limitations in the order granting leave to its boundaries. A State, local Secretary has not already established an intervene, and have the opportunity to governmental body, Federally- electronic docket. participate fully in the conduct of the recognized Indian Tribe, or agency Information about applying for a hearing with respect to resolution of thereof may also have the opportunity to digital ID certificate is available on the that person’s admitted contentions, participate under 10 CFR 2.315(c). NRC’s public Web site at http:// including the opportunity to present If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ evidence and to submit a cross- who does not wish, or is not qualified, getting-started.html. System examination plan for cross-examination to become a party to the proceeding requirements for accessing the E- of witnesses, consistent with NRC’s may, in the discretion of the presiding Submittal server are detailed in the regulations, policies and procedures. officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic Petitions for leave to intervene must appearance pursuant to the provisions Submission,’’ which is available on the be filed no later than 60 days from the of 10 CFR 2.315(a). A person making a agency’s public Web site at http://

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www.nrc.gov/site-help/e- [email protected], or by a toll- date of publication of this notice. submittals.html. Participants may free call at 1–866–672–7640. The NRC Requests for hearing, petitions for leave attempt to use other software not listed Meta System Help Desk is available to intervene, and motions for leave to on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern file new or amended contentions that NRC’s E-Filing system does not support Time, Monday through Friday, are filed after the 60-day deadline will unlisted software, and the NRC Meta excluding government holidays. not be entertained absent a System Help Desk will not be able to Participants who believe that they determination by the presiding officer offer assistance in using unlisted have a good cause for not submitting that the filing demonstrates good cause software. documents electronically must file an by satisfying the three factors in 10 CFR If a participant is electronically exemption request, in accordance with 2.309(c)(1)(i)–(iii). submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper For further details with respect to accordance with the E-Filing rule, the filing requesting authorization to these license amendment applications, participant must file the document continue to submit documents in paper see the application for amendment using the NRC’s online, Web-based format. Such filings must be submitted which is available for public inspection submission form. In order to serve by: (1) First class mail addressed to the in ADAMS and at the NRC’s PDR. For documents through the Electronic Office of the Secretary of the additional direction on accessing Information Exchange System, users Commission, U.S. Nuclear Regulatory information related to this document, will be required to install a Web Commission, Washington, DC 20555– see the ‘‘Obtaining Information and browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and Submitting Comments’’ section of this site. Further information on the Web- Adjudications Staff; or (2) courier, document. based submission form, including the express mail, or expedited delivery installation of the Web browser plug-in, service to the Office of the Secretary, Arizona Public Service Company, et al., is available on the NRC’s public Web Sixteenth Floor, One White Flint North, Docket Nos. STN 50–528, STN 50–529, site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, and STN 50–530, Palo Verde Nuclear submittals.html. Maryland, 20852, Attention: Generating Station, Units 1, 2, and 3, Once a participant has obtained a Rulemaking and Adjudications Staff. Maricopa County, Arizona digital ID certificate and a docket has Participants filing a document in this Date of amendment request: July 31, been created, the participant can then manner are responsible for serving the 2015. A publicly-available version is in submit a request for hearing or petition document on all other participants. ADAMS under Accession No. for leave to intervene. Submissions Filing is considered complete by first- ML15218A300. should be in Portable Document Format class mail as of the time of deposit in Description of amendment request: (PDF) in accordance with NRC guidance the mail, or by courier, express mail, or The amendments would revise the available on the NRC’s public Web site expedited delivery service upon technical specifications (TSs) to permit at http://www.nrc.gov/site-help/e- depositing the document with the the use of Risk-Informed Completion submittals.html. A filing is considered provider of the service. A presiding Times (RICTs) in accordance with complete at the time the documents are officer, having granted an exemption Technical Specifications Task Force submitted through the NRC’s E-Filing request from using E-Filing, may require (TSTF) traveler TSTF–505–A, Revision system. To be timely, an electronic a participant or party to use E-Filing if 1, ‘‘Provide Risk-Informed Extended filing must be submitted to the E-Filing the presiding officer subsequently Completion Times—RITSTF [Risk- system no later than 11:59 p.m. Eastern determines that the reason for granting Informed TSTF] Initiative 4b.’’ Time on the due date. Upon receipt of the exemption from use of E-Filing no Basis for proposed no significant a transmission, the E-Filing system longer exists. hazards consideration determination: time-stamps the document and sends Documents submitted in adjudicatory As required by 10 CFR 50.91(a), the the submitter an email notice proceedings will appear in the NRC’s licensee has provided its analysis of the confirming receipt of the document. The electronic hearing docket which is issue of no significant hazards E-Filing system also distributes an email available to the public at http:// consideration, which is presented notice that provides access to the ehd1.nrc.gov/ehd/, unless excluded below: document to the NRC’s Office of the pursuant to an order of the Commission, 1. Does the proposed change involve a General Counsel and any others who or the presiding officer. Participants are significant increase in the probability or have advised the Office of the Secretary requested not to include personal consequences of an accident previously that they wish to participate in the privacy information, such as social evaluated? proceeding, so that the filer need not security numbers, home addresses, or Response: No. serve the documents on those home phone numbers in their filings, The proposed change permits the use of participants separately. Therefore, unless an NRC regulation or other law RICTs provided the associated risk is applicants and other participants (or requires submission of such assessed and managed in accordance with their counsel or representative) must information. However, in some the NRC-accepted RICT Program. The proposed use of RICTs does not involve a apply for and receive a digital ID instances, a request to intervene will significant increase in the probability of an certificate before a hearing request/ require including information on local accident previously evaluated because the petition to intervene is filed so that they residence in order to demonstrate a change only affects TS Conditions, Required can obtain access to the document via proximity assertion of interest in the Actions and CTs [Completion Times (CTs)] the E-Filing system. proceeding. With respect to copyrighted associated with risk informed technical A person filing electronically using works, except for limited excerpts that specifications and does not involve changes the NRC’s adjudicatory E-Filing system serve the purpose of the adjudicatory to the plant, its modes of operation, or TS may seek assistance by contacting the filings and would constitute a Fair Use mode applicability. The proposed license NRC Meta System Help Desk through amendment references regulatory application, participants are requested commitments to achieve the baseline the ‘‘Contact Us’’ link located on the not to include copyrighted materials in [probabilistic risk assessment (PRA)] risk NRC’s public Web site at http:// their submission. metrics specified in the NRC model www.nrc.gov/site-help/e- Petitions for leave to intervene must evaluation. The changes proposed by submittals.html, by email to be filed no later than 60 days from the regulatory commitments will be

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implemented under the requirements of 10 Attorney for licensee: Michael G. Therefore, the proposed change does not CFR 50.59 without the need for prior NRC Green, Senior Regulatory Counsel, create the possibility of a new or different approval. The proposed change does not Pinnacle West Capital Corporation, P.O. kind of accident from accidents previously increase the consequences of an accident Box 52034, Mail Station 8695, Phoenix, evaluated. because the accident mitigation functions of 3. Does the proposed amendment involve the affected systems, structures, or Arizona 85072–2034. a significant reduction in a margin of safety? components (SSCs) are not changed. NRC Branch Chief: Robert J. Response: No. Therefore, the proposed change does not Pascarelli. Margin of safety is associated with the involve a significant increase in the Arizona Public Service Company, et al., ability of the fission product barriers (i.e., probability or consequences of an accident Docket Nos. STN 50–528, STN 50–529, fuel cladding, reactor coolant system previously evaluated. pressure boundary, and containment 2. Does the proposed change create the and STN 50–530, Palo Verde Nuclear structure) to limit the level of radiation dose possibility or different kind of accident from Generating Station, Units 1, 2, and 3, to the public. The proposed changes do not any accident previously evaluated? Maricopa County, Arizona impact operation of the plant or its response Response: No. Date of amendment request: October to transients or accidents. The changes do not The proposed change permits the use of affect the Technical Specifications or the RICTs provided the associated risk is 9, 2015. A publicly-available version is in ADAMS under Accession No. operating license. The proposed changes do assessed and managed in accordance with not involve a change in the method of plant the NRC-accepted RICT Program. The ML15293A335. operation, and no accident analyses will be proposed use of RICTs does not create the Description of amendment request: affected by the proposed changes. possibility of a new or different kind of The amendments would revise the Additionally, the proposed changes will not accident from any accident previously emergency action levels from a scheme relax any criteria used to establish safety evaluated because the change only affects TS based on Nuclear Energy Institute (NEI) limits and will not relax any safety system Conditions, Required Actions and CTs 99–01, Revision 5, ‘‘Methodology for settings. The safety analysis acceptance associated with risk informed technical Development of Emergency Action criteria are not affected by these changes. The specifications. The proposed change does not proposed changes will not result in plant involve a physical alteration of the plant and Levels,’’ to a scheme provided in the subsequent Revision 6 of NEI 99–01. operation in a configuration outside the does not involve installation of new or design basis. The proposed changes do not different kind of equipment. The proposed Basis for proposed no significant hazards consideration determination: adversely affect systems that respond to license amendment references regulatory safely shut down the plant and to maintain commitments to achieve the baseline PRA As required by 10 CFR 50.91(a), the the plant in a safe shutdown condition. The risk metrics specified in the NRC model licensee has provided its analysis of the Emergency Plan will continue to activate an evaluation. The changes proposed by issue of no significant hazards emergency response commensurate with the regulatory commitments will be consideration, which is presented extent of degradation of plant safety. implemented under the requirements of 10 below: Therefore, the proposed change does not CFR 50.59 without the need for prior NRC involve a significant reduction in the margin 1. Does the proposed amendment involve approval. The proposed change does not alter of safety. the accident mitigation functions of the a significant increase in the probability or affected SSCs and does not introduce new or consequences of an accident previously The NRC staff has reviewed the different SSC failure modes than already evaluated? licensee’s analysis and, based on that evaluated. Response: No. review, it appears that the three Therefore, the proposed change does not The proposed changes to the Palo Verde standards of 10 CFR 50.92(c) are create the possibility of a new or different Nuclear Generating Station (PVNGS) emergency action levels (EALs) do not satisfied. Therefore, the NRC staff kind of accident from any accident proposes to determine that the request previously evaluated. impact the physical function of plant 3. Does the proposed change involve a structures, systems, or components (SSC) or for amendments involves no significant significant reduction in a margin of safety? the manner in which SSCs perform their hazards consideration. Response: No. design function. The proposed changes Attorney for licensee: Michael G. The proposed change permits the use of neither adversely affect accident initiators or Green, Senior Regulatory Counsel, RICTs provided the risk levels associated precursors, nor alter design assumptions. The Pinnacle West Capital Corporation, P.O. with inoperable equipment within the scope proposed changes do not alter or prevent the Box 52034, Mail Station 8695, Phoenix, ability of SSCs to perform their intended of the RICT program are assessed and Arizona 85072–2034. managed in accordance with the NRC function to mitigate the consequences of an initiating event within assumed acceptance NRC Branch Chief: Robert J. approved RICT Program. The proposed Pascarelli. change implements a risk-informed limits. No operating procedures or administrative controls that function to Configuration Risk Management Program Dominion Nuclear Connecticut, Inc., prevent or mitigate accidents are affected by (CRMP) to assure that adequate margins of the proposed changes. Docket No. 50–336, Millstone Power safety are maintained. Application of these Therefore, the proposed changes do not Station, Unit No. 2 (MPS2), New London new specifications and the CRMP considers involve a significant increase in the County, Connecticut cumulative effects of multiple systems or probability or consequences of an accident components being out of service and does so Date of amendment request: previously evaluated. September 1, 2015. A publicly-available more effectively than the current TS. In this 2. Does the proposed amendment create regard, the implementation of the CRMP is the possibility or different kind of accident version is in ADAMS under Accession considered an improvement in safety. from any accident previously evaluated? No. ML15253A205. Therefore, the proposed change does not Response: No. Description of amendment request: involve a significant reduction in a margin of The proposed changes do not involve a The amendment would revise Technical safety. physical alteration of the plant (i.e., no new Specification (TS) 6.9.1.8.b, ‘‘Core The NRC staff has reviewed the or different type of equipment will be Operating Limits Report,’’ to add licensee’s analysis and, based on that installed, modified, or removed) or a change Framatome-ANP (AREVA) topical review, it appears that the three in the method of plant operation. The reports EMF–2328(P)(A), Supplement 1, standards of 10 CFR 50.92(c) are proposed changes will not introduce failure ‘‘PWR [pressurized water reactor] Small modes that could result in a new accident, satisfied. Therefore, the NRC staff and the change does not alter assumptions Break LOCA [loss of coolant accident] proposes to determine that the request made in the safety analysis. The proposed Evaluation Model, S–RELAP5 Based,’’ for amendments involves no significant changes to the PVNGS emergency action and EMF–92–116(P)(A), Supplement 1, hazards consideration. levels are not initiators of any accidents. ‘‘Generic Mechanical Design Criteria for

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PWR Fuel Designs,’’ for referencing as review, it appears that the three frequencies are relocated are still required to analytical methods used to determine standards of 10 CFR 50.92(c) are be operable, meet the acceptance criteria for MPS2 core operating limits. satisfied. Therefore, the NRC staff the surveillance requirements, and be Basis for proposed no significant proposes to determine that the capable of performing any mitigation hazards consideration determination: function assumed in the accident analysis. amendment request involves no As a result, the consequences of any As required by 10 CFR 50.91(a), the significant hazards consideration. accident previously evaluated are not licensee has provided its analysis of the Attorney for licensee: Lillian M. significantly increased. issue of no significant hazards Cuoco, Senior Counsel, Dominion 2. Does the proposed change create the consideration, which is presented Resources Services, Inc., 120 Tredegar possibility of a new or different kind of below: Street, RS–2, Richmond, VA 23219. accident from any previously evaluated? Response: No. 1. Does the proposed [amendment] involve Acting NRC Branch Chief: Travis L. No new or different accidents result from a significant increase in the probability or Tate. consequences of an accident previously utilizing the proposed change. The changes Duke Energy Progress Inc., Docket No. do not involve a physical alteration of the evaluated? 50–400, Shearon Harris Nuclear Power Response: No. plant (i.e., no new or different type of The proposed changes to TS 6.9.1 .8.b Plant, Unit 1, New Hill, North Carolina equipment will be installed) or a change in permit the use of the recent supplements to Date of amendment request: August the methods governing normal plant operation. In addition, the changes do not the appropriate methodologies to analyze 18, 2015, as supplemented by letter accidents to ensure that the plant continues impose any new or different requirements. dated September 29, 2015. Publicly- The changes do not alter assumptions made to meet applicable design criteria and safety available versions are in ADAMS under analysis acceptance criteria. The proposed in the safety analysis. The proposed changes changes to the list of NRC-approved Accession Nos. ML15236A265 and are consistent with the safety analysis methodologies listed in TS 6.9.1.8.b has no ML15272A443, respectively. assumptions and current plant operating impact on plant operation and configuration. Description of amendment request: practice. The list of methodologies in TS 6.9.1.8.b does The amendment would revise the Therefore, the proposed changes do not not impact either the initiation of an accident Shearon Harris Nuclear Power Plant, create the possibility of a new or different or the mitigation of its consequences. Unit 1 Technical Specifications (TSs) by kind of accident from any accident The revised [small-break loss-of-coolant relocating specific surveillance previously evaluated. accident (SBLOCA)] analysis demonstrates 3. Does the proposed change involve a frequencies to a licensee-controlled significant reduction in the margin of safety? [Millstone Power Station, Unit 2 (MPS2)] program with the implementation of continues to satisfy the 10 CFR 50.46 ECCS Response: No. [emergency core cooling system] performance Nuclear Energy Institute (NEI) 04–10, The design, operation, testing methods, acceptance criteria using an NRC-approved ‘‘Risk-Informed Technical and acceptance criteria for systems, evaluation model. Specifications Initiative 5b, Risk- structures, and components (SSCs), specified Therefore, the proposed change does not Informed Method for Control of in applicable codes and standards (or involve a significant increase in the Surveillance Frequencies.’’ alternatives approved for use by the NRC) probability or consequences of an accident Additionally, the change would add a will continue to be met as described in the previously evaluated. new program, the Surveillance plant licensing basis (including the final safety analysis report and bases to TS), since 2. Does the proposed [amendment] create Frequency Control Program, to TS the possibility of a new or different kind of these are not affected by changes to the accident from any previously evaluated? Section 6, ‘‘Administrative Controls.’’ surveillance frequencies. Similarly, there is Response: No. The changes are consistent with the no impact to safety analysis acceptance The proposed changes have no impact on NRC-approved Technical Specification criteria as described in the plant licensing any plant configuration or system Task Force (TSTF) Improved Standard basis. To evaluate a change in the relocated performance. There is no change to the Technical Specifications Change surveillance frequency, Duke Energy will design function or operation of the plant. The Traveler (TSTF)–425, Revision 3, perform a probabilistic risk evaluation using proposed changes will not create the ‘‘Relocate Surveillance Frequencies to the guidance contained in NRC approved NEI possibility of a new or different accident due Licensee Control—RITSTF [Risk- 04–10, Revision 1, in accordance with the TS Surveillance Frequency Control Program. NEI to credible new failure mechanisms, Informed Technical Specification Task malfunctions, or accident initiators not 04–10, Revision 1, methodology provides previously considered. There is no change to Force] Initiative 5b.’’ reasonable acceptance guidelines and the parameters within which the plant is Basis for proposed no significant methods for evaluating the risk increase of normally operated, and thus, the possibility hazards consideration determination: proposed changes to surveillance frequencies of a new or different type of accident is not As required by 10 CFR 50.91(a), the consistent with Regulatory Guide 1.177. created. licensee has provided its analysis of the Therefore, the proposed changes do not Therefore, the proposed change does not issue of no significant hazards involve a significant reduction in a margin of create the possibility of a new or different consideration, which is presented safety. kind of accident from those previously below: evaluated within the [final safety analysis The NRC staff has reviewed the report (FSAR)]. 1. Does the proposed change involve a licensee’s analysis and, based on this 3. Does the proposed [amendment] involve significant increase in the probability or review, it appears that the three a significant reduction in a margin of safety? consequences of any accident previously standards of 10 CFR 50.92(c) are Response: No. evaluated? satisfied. Therefore, the NRC staff The proposed changes have no impact on Response: No. proposes to determine that the any plant configuration or system The proposed change relocates the specified frequencies for periodic amendment request involves no performance. Approved methodologies will significant hazards consideration. be used to ensure that the plant continues to surveillance requirements to licensee control meet applicable design criteria and safety under a new Surveillance Frequency Control Attorney for licensee: Lara S. Nichols, analysis acceptance criteria. Program. Surveillance frequencies are not an Deputy General Counsel, Duke Energy Therefore, the proposed change does not initiator to any accident previously Corporation, 550 South Tryon Street, involve a significant reduction in a margin of evaluated. As a result, the probability of any Mail Code DEC45A, Charlotte, NC safety. accident previously evaluated is not significantly increased. The systems and 28202. The NRC staff has reviewed the components required by the technical NRC Branch Chief: Benjamin G. licensee’s analysis and, based on this specifications for which the surveillance Beasley.

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Exelon Generation Company, LLC, involve a significant increase in the Exelon Generation Company, LLC, and Docket Nos. 50–317 and 50–318, Calvert probability or consequences of an accident PSEG Nuclear LLC, Docket Nos. 50–277 Cliffs Nuclear Power Plant, Units 1 and previously evaluated. and 50–278, Peach Bottom Atomic 2, Calvert County, Maryland 2. Does the proposed amendment create Power Station, Units 2 and 3, York and the possibility of a new or different kind of Lancaster Counties, Pennsylvania Exelon Generation Company, LLC, accident from any accident previously Docket No. 72–8, Calvert Cliffs evaluated? Date of amendment request: October Independent Spent Fuel Storage Response: No. 2, 2015. A publicly-available version is Installation, Calvert County, Maryland The proposed change has no impact on the in ADAMS under Accession No. Exelon Generation Company, LLC, design, function, or operation of any plant ML15275A265. Docket Nos. 50–220 and 50–410, Nine systems, structures, or components. The Description of amendment request: Mile Point Nuclear Station, Units 1 and proposed change does not affect plant The proposed amendments would: (1) 2, Oswego County, New York equipment or accident analyses. The Revise the allowable test pressure band proposed change only affects the for the technical specification (TS) Exelon Generation Company, LLC, administration aspects of the annual surveillance requirement (SR) pump Docket No. 50–244, R. E. Ginna Nuclear emergency response organization flow testing of the high pressure coolant Power Plant, Wayne County, New York requalification training frequency injection (HPCI) system and the reactor Date of amendment request: July 29, requirements. There are no changes in the core isolation (RCIC) system; (2) revise 2015, as supplemented by letter dated content of the training being proposed. The the surveillance frequency requirements November 4, 2015. A publicly-available proposed change is to align the Exelon fleet for verifying the sodium pentaborate version is in ADAMS under Accession under one standard regarding the annual enrichment of the standby liquid control Nos. ML15210A314 and ML15309A131, requalification training frequency of (SLC) system; and (3) delete SRs respectively. personnel assigned Exelon ERO positions. associated with verifying the manual Description of amendment request: Therefore, the proposed change to the transfer capability of the normal and The proposed change would revise the Emergency Plan requalification training alternate power supplies for certain Emergency Response Organization frequency for the affected sites does not motor-operated valves associated with (ERO) requalification training frequency create the possibility of a new or different the suppression pool spray (SPS) and for the affected facilities. kind of accident from any accident drywell spray (DWS) sub-systems of the Basis for proposed no significant previously evaluated. residual heat removal (RHR) system. hazards consideration determination: 3. Does the proposed amendment involve Basis for proposed no significant As required by 10 CFR 50.91(a), an a significant reduction in a margin of safety? hazards consideration determination: analysis of the issue of no significant Response: No. As required by 10 CFR 50.91(a), the hazards consideration is presented The proposed change does not adversely licensee has provided its analysis of the below: affect existing plant safety margins or the issue of no significant hazards reliability of the equipment assumed to consideration, which is presented Exelon has evaluated the proposed change operate in the safety analyses. There is no below: to the affected sites’ Emergency Plans and change being made to safety analysis determined that the change does not involve 1. Do the proposed changes involve a assumptions, safety limits, or limiting safety a Significant Hazards Consideration. In significant increase in the probability or support of this determination, an evaluation system settings that would adversely affect consequences of an accident previously of each of the three (3) standards, set forth plant safety as a result of the proposed evaluated? in 10 CFR 50.92, ‘‘Issuance of amendment,’’ change. Margins of safety are unaffected by Response: No. is provided below. the proposed change to the frequency in the The proposed changes for testing the HPCI 1. Does the proposed amendment involve ERO requalification training requirements. System and the RCIC System at a lower a significant increase in the probability or The proposed change only affects the pressure value do not affect the ability of the consequences of an accident previously administrative aspects of the annual ERO systems to perform their design functions. evaluated? requalification training frequency Testing at a lower pressure prevents Response: No. requirements and does not change the unnecessary reactivity and reactor pressure The proposed change does not increase the training content. perturbations and is considered to be probability or consequences of an accident. conservative with respect to proving Therefore, the proposed change to the The proposed change does not involve the operability of these systems. modification of any plant equipment or affect Emergency Plan requalification training The revision to the SLC system SR 3.1.7.10 plant operation. The proposed change will frequency for the affected sites does not and deletion of the SPS and DWS sub-system have no impact on any safety-related involve a significant reduction in a margin of SRs 3.6.2.4.3 and 3.6.2.5.3 do not affect the Structures, Systems, or Components. The safety. ability of these systems to perform their proposed change only affects the design functions. These proposed changes administrative aspects of the annual ERO The NRC staff has reviewed the are administrative in nature and have no requalification training frequency licensee’s analysis and, based on this effect on plant operation. requirements and not the content of the review, it appears that the three The proposed changes do not adversely training. standards of 10 CFR 50.92(c) are affect plant operations, design functions or The proposed change would revise the satisfied. Therefore, the NRC staff analyses that verify the capability of systems, ERO requalification frequency from an structures and components to perform their annual basis to once per calendar year not to proposes to determine that the design functions. Performances of the exceed 18 months between training sessions requested amendments involve no involved SRs are not initiators of any as defined in the Exelon Nuclear Radiological significant hazards consideration. accident previously evaluated. Emergency Plans for the affected plants. The Attorney for licensee: Bradley Fewell, Therefore, the proposed changes do not proposed change would align the Exelon fleet Associate General Counsel, Exelon involve a significant increase in the under one standard regarding the annual probability or consequences of an accident requalification training frequency of Generation Company, LLC, 4300 previously evaluated. personnel assigned Exelon ERO positions. Winfield Road, Warrenville, IL 60555. 2. Do the proposed changes create the Therefore, the proposed change to the Acting NRC Branch Chief: Justin C. possibility of a new or different kind of Emergency Plan requalification training Poole. accident from any accident previously frequency for the affected sites does not evaluated?

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Response: No. version is in ADAMS under Accession not have any impact on any safety-related The proposed changes for testing the HPCI No. ML15288A549. equipment or function, and no new accident System and the RCIC System at a lower Description of amendment request: or failure mode is created. The proposed pressure value do not alter the system design, The proposed change, if approved, to changes do not create a new fault or sequence create new failure modes, or change any depart from certified AP1000 Tier 1 of events that could lead to a radioactive modes of operation. The proposed changes release. The changes do not adversely affect do not involve a physical alteration of the information and from the plant-specific any safety-related equipment or structure. plant; and no new or different kind of Tier 2 Updated Final Safety Analysis Therefore, the proposed changes do not equipment will be installed. Report (UFSAR) information by create the possibility of a new or different The revision to the SLC system SR 3.1.7.10 reconfiguring the signal processing in kind of accident from any accident and deletion of the SPS and DWS sub-system the two processor cabinets currently previously evaluated. SRs 3.6.2.4.3 and 3.6.2.5.3 are administrative planned for the Annex Building and 3. Does the proposed amendment involve in nature and have no effect on plant relocating the cabinets to the Auxiliary a significant reduction in a margin of safety? operation. These proposed changes do not Response: No. alter the physical design, safety limits, or Building. The proposed changes also change the hardware and reduce the The proposed changes to the design of the safety analysis assumptions associated with DAS do not affect any safety-related the operation of the plant. number of functions of the cabinet as equipment or function. The proposed These proposed changes do not introduce well as changing the power supply to changes do not have any adverse effect on the any new accident initiators, nor do they one backed by separate diesel ability of safety-related structures, systems, reduce or adversely affect the capabilities of generators. or components to perform their design basis any plant system, structure, or component to Basis for proposed no significant functions. No safety analysis or design basis perform their safety function. hazards consideration determination: acceptance limit/criterion is challenged or Therefore, the proposed changes do not As required by 10 CFR 50.91(a), the exceeded by the proposed changes, thus no create the possibility of a new or different margin of safety is reduced. Therefore, the kind of accident from any accident licensee has provided its analysis of the proposed amendment does not involve a previously evaluated. issue of no significant hazards significant reduction in a margin of safety. 3. Do the proposed changes involve a consideration, which is presented significant reduction in a margin of safety? below: The NRC staff has reviewed the Response: No. 1. Does the proposed amendment involve licensee’s analysis and, based on this The proposed changes for testing the HPCI a significant increase in the probability or review, it appears that the three System and the RCIC System at a lower consequences of an accident previously standards of 10 CFR 50.92(c) are pressure value do not affect the ability of the evaluated? systems to perform their design functions. satisfied. Therefore, the NRC staff Response: No. Testing at a lower pressure prevents proposes to determine that the The proposed changes to the design of the unnecessary reactivity and reactor pressure amendment request involves no diverse actuation system (DAS) conform to perturbations and is considered to be significant hazards consideration. the DAS fire-induced spurious actuation conservative with respect to proving (smart fire) of the squib valves and single Attorney for licensee: Ms. Kathryn M. operability of these systems. The revision to point failure criteria. The DAS is a nonsafety- Sutton, Morgan, Lewis & Bockius LLC, the SLC system SR 3.1.7.1 O and deletion of related diverse backup to the safety-related 1111 Pennsylvania Avenue NW, the SPS and DWS sub-system SRs 3.6.2.4.3 protection and safety monitoring system and 3.6.2.5.3 are administrative in nature and Washington, DC 20004–2514. (PMS). The proposed changes do not involve have no effect on plant operation. The HPCI, NRC Branch Chief: Lawrence J. any accident initiating component/system RCIC, SLC and RHR systems will continue to Burkhart. failure or event, thus the probabilities of the be demonstrated OPERABLE by performance accidents previously evaluated are not Southern Nuclear Operating Company, of the revised and retained SRs. The affected. The affected equipment does not proposed changes conform to NRC regulatory Inc. Docket Nos. 52–025 and 52–026, adversely affect or interact with safety-related requirements regarding the content of plant Vogtle Electric Generating Plant, Units 3 equipment or a radioactive material barrier, TS. and 4, Burke County, Georgia and this activity does not involve the Therefore, the proposed changes do not containment of radioactive material. Thus, Date of amendment request: October involve a significant reduction in a margin of the proposed changes would not affect any safety. 15, 2015. A publicly-available version is safety-related accident mitigating function. in ADAMS under Accession No. The NRC staff has reviewed the The radioactive material source terms and ML15288A549. licensee’s analysis and, based on this release paths used in the safety analyses are Description of amendment request: unchanged, thus the radiological releases in review, it appears that the three The amendment request proposes standards of 10 CFR 50.92(c) are the Updated Final Safety Analysis Report (UFSAR) accident analyses are not affected. changes to the Diverse Actuation satisfied. Therefore, the NRC staff System (DAS) control cabinets. Because, proposes to determine that the Therefore, the proposed changes do not involve a significant increase in the this proposed change requires a amendment request involves no probability or consequences of an accident departure from Tier 1 information in the significant hazards consideration. previously evaluated. Westinghouse Advanced Passive 1000 Attorney for licensee: J. Bradley 2. Does the proposed amendment create Design Control Document (DCD), the Fewell, Esquire, Vice President and the possibility of a new or different kind of licensee also requested an exemption Deputy General Counsel, Exelon accident from any accident previously from the requirements of the Generic Generation Company, LLC, 4300 evaluated? DCD Tier 1 in accordance with 10 CFR Winfield Road, Warrenville, IL 60555. Response: No. NRC Branch Chief: Douglas A. The proposed changes to the design of the 52.63(b)(1). Broaddus. DAS do not alter the performance of the DAS Basis for proposed no significant as a nonsafety-related diverse backup to the hazards consideration determination: South Carolina Electric and Gas PMS. The new configuration within two As required by 10 CFR 50.91(a), the Company Docket Nos.: 52–027 and 52– independent and separate processor cabinets licensee has provided its analysis of the 028, Virgil C. Summer Nuclear Station, located in the Auxiliary Building do not issue of no significant hazards Units 2 and 3, Fairfield County, South adversely affect any safety-related equipment consideration, which is presented Carolina or function, therefore no new accident initiator or failure mode is created. The below: Date of amendment request: changes to provide independent power 1. Does the proposed amendment involve November 4, 2015. A publicly-available supplies to the separate processor cabinets do a significant increase in the probability or

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consequences of an accident previously standards of 10 CFR 50.92(c) are letters dated February 13, April 1, and evaluated? satisfied. Therefore, the NRC staff August 14, 2015. Response: No. proposes to determine that the Brief description of amendment: The The proposed changes to the design of the amendment revised Renewed Facility diverse actuation system (DAS) conform to amendment request involves no the DAS fire-induced spurious actuation significant hazards consideration. Operating License No. DPR–20 and (smart fire) of the squib valves and single Attorney for licensee: M. Stanford approved the request to implement 10 point failure criteria. The DAS is a nonsafety- Blanton, Balch & Bingham LLP, 1710 CFR 50.61a, ‘‘Alternate fracture related diverse backup to the safety-related Sixth Avenue North, Birmingham, AL toughness requirements for protection protection and safety monitoring system 35203–2015. against pressurized thermal shock (PMS). The proposed changes do not involve NRC Branch Chief: Lawrence events.’’ any accident initiation component/system Burkhart. Date of issuance: November 23, 2015. failure or event, thus the probabilities of the Effective date: As of the date of III. Notice of Issuance of Amendments accidents previously evaluated are not issuance and shall be implemented affected. The affected equipment does not to Facility Operating Licenses and within 120 days. adversely affect or interact with safety-related Combined Licenses equipment or a radioactive material barrier, Amendment No.: 257. A publicly- and this activity does not involve the During the period since publication of available version is in ADAMS under containment of radioactive material. Thus, the last biweekly notice, the Accession No. ML15209A791; the proposed changes would not affect any Commission has issued the following documents related to this amendment safety-related accident mitigating function. amendments. The Commission has are listed in the Safety Evaluation The radioactive material source terms and determined for each of these enclosed with the amendment. release paths used in the safety analyses are amendments that the application Renewed Facility Operating License unchanged, thus the radiological releases in complies with the standards and No. DPR–20: Amendment revised the the Updated Final Safety Analysis Report (UFSAR) accident analyses are not affected. requirements of the Atomic Energy Act Renewed Facility Operating License. Therefore, the proposed amendment does of 1954, as amended (the Act), and the Date of initial notice in Federal not involve a significant increase in the Commission’s rules and regulations. Register: September 30, 2014 (79 FR probability or consequences of an accident The Commission has made appropriate 58814). The supplemental letters dated previously evaluated. findings as required by the Act and the February 13, April 1, and August 14, 2. Does the proposed amendment create Commission’s rules and regulations in 2015, provided additional information the possibility of a new or different kind of 10 CFR Chapter I, which are set forth in that clarified the application, did not accident from any accident previously the license amendment. expand the scope of the application as evaluated? A notice of consideration of issuance Response: No. originally noticed, and did not change The proposed changes to the design of the of amendment to facility operating the NRC staff’s original proposed no DAS do not alter the performance of the DAS license or combined license, as significant hazards consideration as a nonsafety-related diverse backup to the applicable, proposed no significant determination as published in the PMS. The new configuration within two hazards consideration determination, Federal Register. independent and separate processor cabinets and opportunity for a hearing in The Commission’s related evaluation located in the Auxiliary Building do not connection with these actions, was of the amendment is contained in a adversely affect any safety-related equipment published in the Federal Register as Safety Evaluation dated November 23, or function, therefore no new accident indicated. 2015. initiator or failure mode is created. The Unless otherwise indicated, the No significant hazards consideration changes to provide independent power supplies to the separate processor cabinets do Commission has determined that these comments received: Yes. The Safety not have any impact any safety-related amendments satisfy the criteria for Evaluation dated November 23, 2015, equipment or function, and no new accident categorical exclusion in accordance provides the discussion of the or failure mode is created. The proposed with 10 CFR 51.22. Therefore, pursuant comments received from Beyond changes do not create a new fault or sequence to 10 CFR 51.22(b), no environmental Nuclear. of events that could lead to a radioactive impact statement or environmental Entergy Nuclear Operations, Inc., release. The changes do not adversely affect assessment need be prepared for these Docket No. 50–255, Palisades Nuclear any safety-related equipment or structure. amendments. If the Commission has Therefore, the proposed changes does not Plant, Van Buren County, Michigan create the possibility of a new or different prepared an environmental assessment kind of accident from any previously under the special circumstances Date of application for amendment: evaluated. provision in 10 CFR 51.22(b) and has November 12, 2014, as supplemented by 3. Does the proposed amendment involve made a determination based on that letter dated January 28, 2015. a significant reduction in a margin of safety? assessment, it is so indicated. Brief description of amendment: The Response: No. For further details with respect to the amendment approved the licensee’s The proposed changes to the design of the action see (1) the applications for proposed revisions to information in the DAS do not affect any safety-related amendment, (2) the amendment, and (3) Final Safety Analysis Report regarding equipment or function. The proposed the Commissions related letter, Safety the reactor pressure vessel (RPV) Charpy changes do not have any adverse effect on the upper-shelf energy (USE) requirements ability of safety-related structures, systems, Evaluation and/or Environmental or components to perform their design basis Assessment as indicated. All of these in part 50, ‘‘Domestic Licensing of functions. No safety analysis or design basis items can be accessed as described in Production and Utilization Facilities,’’ acceptance limit/criterion is challenged or the ‘‘Obtaining Information and appendix G, ‘‘Fracture Toughness exceeded by the proposed changes, thus no Submitting Comments’’ section of this Requirements,’’ IV.A.1. The change margin of safety is reduced. document. updates the analysis for satisfying the Therefore, the proposed amendment does RPV Charpy USE requirements through not involve a significant reduction in a Entergy Nuclear Operations, Inc., the end of the renewed operating margin of safety. Docket No. 50–255, Palisades Nuclear license. The NRC staff has reviewed the Plant, Van Buren County, Michigan Date of issuance: November 23, 2015. licensee’s analysis and, based on this Date of application for amendment: Effective date: As of the date of review, it appears that the three July 29, 2014, as supplemented by issuance.

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Amendment No.: 258. A publicly- clarified the application, did not expand Florida Power & Light Company, Docket available version is in ADAMS under the scope of the application as originally Nos. 50–250 and 50–251, Turkey Point Accession No. ML15106A682; noticed, and did not change the staff’s Nuclear Generating, Unit Nos. 3 and 4, documents related to this amendment original proposed no significant hazards Miami-Dade County, Florida are listed in the Safety Evaluation consideration determination as Date of application for amendments: enclosed with the amendment. published in the Federal Register. November 13, 2014. Renewed Facility Operating License The Commission’s related evaluation Brief description of amendments: The No. DPR–20: Amendment revised the of the amendment is contained in a amendments revised Technical Renewed Facility Operating License. Safety Evaluation dated November 13, Specification (TS) 3/4.5.2, ‘‘ECCS Date of initial notice in Federal 2015. [Emergency Core Cooling System] Register: January 6, 2015 (80 FR 523). No significant hazards consideration Subsystems—Tavg [average temperature] The supplemental letter dated January comments received: Yes. The comments Greater Than or Equal to 350 °F [degrees 28, 2015, provided additional received on Amendment No. 246 are Fahrenheit],’’ to correct non- information that clarified the addressed in the Safety Evaluation conservative TS requirements. The application, did not expand the scope of dated November 13, 2015. amendments also made editorial the application as originally noticed, changes to the TSs. and did not change the NRC staff’s Exelon Generation Company, LLC, Docket No. 50–373 and 50–374, LaSalle Date of issuance: November 9, 2015. original proposed no significant hazards Effective date: As of the date of consideration determination as County Station, Units 1 and 2, LaSalle County, Illinois issuance and shall be implemented published in the Federal Register. within 60 days of issuance. The Commission’s related evaluation Date of amendment request: July 12, Amendment Nos.: 267 and 262. The of the amendment is contained in a 2012, as supplemented by letters dated amendments are available in ADAMS Safety Evaluation dated November 23, September 17, 2012, January 18, 2013, under Accession No. ML15294A443; 2015. February 11, 2013, October 4, 2013, documents related to these amendments No significant hazards consideration December 4, 2014, and April 15, 2015. are listed in the Safety Evaluation (SE) comments received: No. Brief description of amendment: The enclosed with the amendments. Entergy Operations, Inc., Docket No. 50– amendment adds a new action Renewed Facility Operating License 382, Waterford Steam Electric Station, statement to Technical Specification Nos. DPR–31 and DPR–41: Amendments Unit 3, St. Charles Parish, Louisiana 3.7.3, requiring performance of revised the TSs. Surveillance Requirement (SR) 3.7.3.1 Date of initial notice in Federal Date of amendment request: July 2, once per hour if Core Standby Cooling Register: March 3, 2015 (80 FR 11478). 2015, as supplemented by letters dated System Pond temperature is ≥101 °F, The Commission’s related evaluation August 14, September 23, and October and also modifies the temperature limit of the amendments is contained in an 8, 2015. specified in SR 3.7.3.1 from SE dated November 9, 2015. Brief description of amendment: The ‘‘≤101.25 °F’’ to ‘‘within the limits of No significant hazards consideration amendment revised the limiting Figure 3.7.3–1,’’ newly added by this comments received: No. condition for operation of Technical amendment. Specification 3.1.3.4 to increase the Omaha Public Power District, Docket Date of issuance: November 19, 2015. maximum individual control element No. 50–285, Fort Calhoun Station, Unit assembly (CEA) drop time from the fully Effective date: As of the date of No. 1, Washington County, Nebraska issuance and shall be implemented withdrawn position to 90 percent Date of amendment request: within 30 days of issuance. inserted from less than or equal to 3.2 November 25, 2014. A redacted version Amendment No.: 218 and 204. A seconds to less than or equal to 3.5 was provided by letter dated April 20, publicly-available version is in ADAMS seconds and increase the maximum 2015. under Accession No. ML15202A578; arithmetic average of all CEA drop times Brief description of amendment: The documents related to this amendment from less than or equal to 3.0 seconds amendment revised the Cyber Security are listed in the Safety Evaluation to less than or equal to 3.2 seconds. The Plan Implementation Milestone 8 enclosed with the amendment. licensee also proposed to update the completion date and the physical Final Safety Analysis Report to account Facility Operating License No. NPF– protection license condition. for the CEA drop times increase. 11 and NPF–18: Amendment revised the Date of issuance: November 19, 2015. Date of issuance: November 13, 2015. Facility Operating Licenses and Effective date: As of the date of Effective date: As of the date of Technical Specifications. issuance and shall be implemented issuance and shall be implemented 60 Date of initial notice in Federal within 60 days from the date of days from the date of issuance. Register: August 5, 2014 (79 FR 45489). issuance. Amendment No.: 246. A publicly- The supplemental letters dated Amendment No.: 284. A publicly- available version is in ADAMS under December 4, 2014, and April 15, 2015, available version is in ADAMS under Accession No. ML15289A143; provided additional information that Accession No. ML15294A279; documents related to this amendment clarified the application, did not expand documents related to this amendment are listed in the Safety Evaluation the scope of the application as originally are listed in the Safety Evaluation enclosed with the amendment. noticed, and did not change the staff’s enclosed with the amendment. Facility Operating License No. NPF– original proposed no significant hazards Renewed Facility Operating License 38: The amendment revised the Facility consideration determination as No. DPR–40: The amendment revised Operating License and Technical published in the Federal Register. the Operating License. Specifications. The Commission’s related evaluation Date of initial notice in Federal Date of initial notice in Federal of the amendment is contained in a Register: July 7, 2015 (80 FR 38775). Register: September 8, 2015 (80 FR Safety Evaluation dated November 19, The Commission’s related evaluation 53892). The supplements dated 2015. of the amendment is contained in a September 23, and October 8, 2015, No significant hazards consideration safety evaluation dated November 19, provided additional information that comments received: No. 2015.

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No significant hazards consideration temperature limit of 100 degrees proceeding (CASE, FPL, and the NRC comments received: No. Fahrenheit, as measured at the point of Staff) have filed written testimony and 4 Dated at Rockville, Maryland, this 27th day intake back into the plant. Should FPL exhibits on the merits of this admitted of November 2015. exceed the temperature limit, Units 3 contention, which will be the sole For the Nuclear Regulatory Commission. and 4 would be required to undergo a matter under consideration at the 5 Anne T. Boland, dual unit shutdown. evidentiary hearing. The cooling canals approached the Director, Division of Operating Reactor II. Hearing Date, Time, and Location water temperature limit in July 2014, Licensing, Office of Nuclear Reactor The evidentiary hearing will Regulation. leading FPL to request license amendments to raise the limit to 104 commence on Monday, January 11, [FR Doc. 2015–30680 Filed 12–7–15; 8:45 am] degrees Fahrenheit.6 The Nuclear 2016, at 9:30 a.m. EST and continue BILLING CODE 7590–01–P Regulatory Commission (NRC) granted through Tuesday, January 12, 2016, at the license amendments on August 8, 5:00 p.m. EST, unless the Board concludes the hearing earlier. The NUCLEAR REGULATORY 2014, and published a notice in the evidentiary hearing will take place at COMMISSION Federal Register informing the public of the opportunity to request a hearing the: Hampton Inn & Suites—Miami [Docket Nos. 50–250–LA and 50–251–LA concerning the license amendments.7 In South/Homestead, 2855 NE 9th Street, ASLBP No. 15–935–02–LA–BD01] response, Citizens Allied for Safe Homestead, Florida 33033. Energy, Inc. (CASE), filed a petition to Members of the public and the media Atomic Safety and Licensing Board; In are welcome to attend and observe the the Matter of Florida Power & Light intervene and proffered four contentions challenging the license amendments.8 evidentiary hearing, which will involve Company (Turkey Point Nuclear technical, scientific, and legal questions Generating, Units 3 and 4) This Board was established on October 21, 2014, to preside over this and testimony. Participation in the hearing, however, will be limited to the December 2, 2015. proceeding,9 and heard oral argument regarding the admissibility of CASE’s parties, their representatives, and their Before Administrative Judges: witnesses. Please be aware that security Michael M. Gibson, Chairman four proffered contentions on January measures will be employed at the Dr. Michael F. Kennedy 14, 2015, in Homestead, Florida.10 Dr. William W. Sager On March 23, 2015, the Board granted entrance to the hearing location, CASE’s hearing request and admitted including searches of hand-carried Notice of Hearing one of its four proffered contentions.11 items such as briefcases, backpacks, or The Atomic Safety and Licensing The admitted contention states: purses. In accordance with NRC policy, Board hereby gives notice that it will no signs, banners, posters, or other The NRC’s environmental assessment, in convene an evidentiary hearing on displays will be permitted inside the support of its finding of no significant impact hearing room.14 The rules and policies January 11, 2016, to receive testimony related to the 2014 Turkey Point Units 3 and and exhibits regarding license 4 license amendments, does not adequately regarding the possession of weapons in amendments issued to Florida Power & address the impact of increased temperature United States Courthouses and United Light Company (FPL) that increase the and salinity in the CCS on saltwater intrusion States Federal Buildings in the State of temperature limit for the cooling canals arising from (1) migration out of the CCS; and Florida shall apply to all proceedings at Turkey Point Nuclear Generating (2) the withdrawal of fresh water from conducted in Florida by the Atomic Units 3 and 4, located near Homestead, surrounding aquifers to mitigate conditions Safety and Licensing Board of the U.S. 12 Florida.1 The hearing will begin at 9:30 within the CCS. Nuclear Regulatory Commission.15 No a.m. EST on January 11, 2016, at the After admitting this contention, the firearms or other weapons are allowed Hampton Inn & Suites in Miami South/ Board ruled that the procedures of in the hearing room. This policy does Homestead, and continue from day-to- Subpart L will be used for this not apply to federal, state, or local law day until completed. The Board also proceeding.13 The parties to this enforcement personnel while in the hereby gives notice that it will accept performance of their official duties. written limited appearance statements 4 Id. III. Limited Appearance Statements from members of the public regarding 5 Id. 6 As provided in 10 CFR 2.315(a), any the license amendment. Id. at 44,465; see Letter from Michael Kiley, Vice President, FPL, to NRC, License Amendment person (other than a party or the I. Background Request No. 231, Application to Revise Technical representative of a party to this Specifications to Revise Ultimate Heat Sink proceeding) may submit a written This proceeding concerns the cooling Temperature Limit (July 10, 2014) (ADAMS canal system (CCS) at Turkey Point Accession No. ML14196A006). statement, known as a limited Units 3 and 4, which provides a heat 7 79 FR 44,466; see Letter from Audrey Klett, appearance statement, setting forth a 2 Project Manager, NRC to Mano Nazar, President and position on matters of concern related to sink for the plant’s safety systems. In Chief Nuclear Officer, NextEra Energy, Turkey Point the CCS, heated water discharged from this proceeding. Nuclear Generating Units Nos. 3 and 4—Issuance of Although these statements are not the plant flows over a 13-mile loop Amendments under Exigent Circumstances considered testimony or evidence, and before returning to the plant for Regarding Ultimate Heat Sink and Component are not made under oath, they recirculation for cooling purposes.3 The Cooling Water Technical Specifications (Aug. 8, 2014) (ADAMS Accession No. ML14199A107). nonetheless may assist the Board or the technical specifications set during the 8 See Citizens Allied for Safe Energy, Inc. Petition parties in considering the issues in this 2002 license renewal establish a water to Intervene and Request for a Hearing (Oct. 14, 16 2014). proceeding. Anyone who submits a 9 limited appearance statement, however, 1 See License Amendment; Issuance, Opportunity Florida Power & Light Company: Establishment to Request a Hearing, and Petition for Leave to of Atomic Safety and Licensing Board, 79 FR should be aware that the jurisdiction of Intervene, 79 FR. 47,689, 47,690 (Aug. 14, 2014); 64,840, 64,840 (Oct. 31, 2014). Environmental Assessment and Final Finding of No 10 Tr. at 1–210. 14 See Procedures for Providing Security Support Significant Impact, Issuance, 79 FR. 44,464, 44,466 11 LBP–15–13, 81 NRC 456, 476 (2015). for NRC Public Meetings/Hearings, 66 FR 31,719 (July 31, 2014). 12 Id. (June 12, 2001). 2 79 FR 44,466. 13 See Licensing Board Initial Scheduling Order 15 See 18 U.S.C. § 930. 3 Id. (May 8, 2015) at 2 (unpublished). 16 10 CFR 2.315(a).

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this Board and the scope of this NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: proceeding are limited solely to the COMMISSION Mable Henderson, Office of Nuclear Reactor Regulation, U.S. Nuclear license amendments described above, [NRC–2015–0260] and, more particularly, to the specific Regulatory Commission, Washington, issues described in the admitted Applications and Amendments to DC 20555–0001; telephone: 301–415– contention. Facility Operating Licenses and 3760, email: [email protected]. Written limited appearance Combined Licenses Involving SUPPLEMENTARY INFORMATION: statements must be submitted by Proposed No Significant Hazards I. Obtaining Information and January 15, 2016, and should be sent by Considerations and Containing Submitting Comments mail, fax, or email to both the Office of Sensitive Unclassified Non-Safeguards A. Obtaining Information the Secretary and the Chairman of this Information and Order Imposing Licensing Board: Procedures for Access to Sensitive Please refer to Docket ID NRC–2015– Unclassified Non-Safeguards 0260 when contacting the NRC about Office of the Secretary Information the availability of information for this action. You may obtain publicly- Mail: Office of the Secretary, AGENCY: Nuclear Regulatory available information related to this Rulemakings and Adjudications Staff, Commission. action by any of the following methods: U.S. Nuclear Regulatory Commission ACTION: License amendment request; • Federal Rulemaking Web site: Go to Washington, DC 20555–0001. opportunity to comment, request a http://www.regulations.gov and search Fax: (301) 415–1101 (verification hearing, and petition for leave to for Docket ID NRC–2015–0260. (301) 415–1966). intervene; order. • NRC’s Agencywide Documents Email: [email protected]. SUMMARY: The U.S. Nuclear Regulatory Access and Management System Commission (NRC) received and is (ADAMS): You may obtain publicly- Chairman of the Licensing Board considering approval of one amendment available documents online in the ADAMS Public Documents collection at Mail: Administrative Judge Michael request. The amendment request is for Duane Arnold Energy Center. The NRC http://www.nrc.gov/reading-rm/ M. Gibson, Chairman, c/o Nicole adams.html. To begin the search, select Pepperl & Jennifer Scro, Board Law proposes to determine that the amendment request involves no ‘‘ADAMS Public Documents’’ and then Clerks, Mail Stop T–3F23, U.S. Nuclear select ‘‘Begin Web-based ADAMS Regulatory Commission Washington, DC significant hazards consideration. In addition, the amendment request Search.’’ For problems with ADAMS, 20555–0001. contains sensitive unclassified non- please contact the NRC’s Public Fax: (301) 415–5599 (verification safeguards information (SUNSI). Document Room (PDR) reference staff at (301) 415–4128). 1–800–397–4209, 301–415–4737, or by DATES: Comments must be filed by email to [email protected]. The Email: [email protected] & January 7, 2016. A request for a hearing ADAMS accession number for each [email protected]. must be filed by February 8, 2016. Any document referenced (if it is available in potential party as defined in § 2.4 of title ADAMS) is provided the first time that IV. Document Availability 10 of the Code of Federal Regulations it is mentioned in the SUPPLEMENTARY (10 CFR), who believes access to SUNSI Documents relating to this proceeding INFORMATION section. are available for public inspection, is necessary to respond to this notice • NRC’s PDR: You may examine and physically at the NRC’s Public must request document access by purchase copies of public documents at Document Room or electronically from December 18, 2015. the NRC’s PDR, Room O1–F21, One the publicly available records ADDRESSES: You may submit comments White Flint North, 11555 Rockville component of NRC’s document system by any of the following methods (unless Pike, Rockville, Maryland 20852. this document describes a different (ADAMS). ADAMS is accessible from B. Submitting Comments the NRC Web site at www.nrc.gov/ method for submitting comments on a reading-rm/adams.html. Persons who specific subject): Please include Docket ID NRC–2015– • Federal Rulemaking Web site: Go to do not have access to ADAMS or who 0260, facility name, unit number(s), http://www.regulations.gov and search application date, and subject in your encounter problems in accessing the for Docket ID NRC–2015–0260. Address comment submission. documents located in ADAMS may questions about NRC dockets to Carol The NRC cautions you not to include contact the NRC Public Document Room Gallagher; telephone: 301–415–3463; identifying or contact information that reference staff by telephone at (800) email: [email protected]. For you do not want to be publicly 397–4209 or (301) 415–4737, or by technical questions, contact the disclosed in your comment submission. email to [email protected]. Reference staff are individual listed in the FOR FURTHER The NRC posts all comment available Monday through Friday INFORMATION CONTACT section of this submissions at http:// between 8:00 a.m. and 4:00 p.m. ET, document. www.regulations.gov as well as entering except federal holidays. • Mail comments to: Cindy Bladey, the comment submissions into ADAMS. It is so ordered. Office of Administration, Mail Stop: The NRC does not routinely edit OWFN–12–H08, U.S. Nuclear comment submissions to remove For the Atomic Safety and Licensing Regulatory Commission, Washington, identifying or contact information. Board. DC 20555–0001. If you are requesting or aggregating Dated: December 2, 2015. For additional direction on obtaining comments from other persons for Michael M. Gibson, information and submitting comments, submission to the NRC, then you should Chairman, Administrative Judge. see ‘‘Obtaining Information and inform those persons not to include [FR Doc. 2015–30885 Filed 12–7–15; 8:45 am] Submitting Comments’’ in the identifying or contact information that SUPPLEMENTARY INFORMATION section of they do not want to be publicly BILLING CODE 7590–01–P this document. disclosed in their comment submission.

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Your request should state that the NRC Commission may issue the amendment right under the Act to be made a party does not routinely edit comment prior to the expiration of the 30-day to the proceeding; (3) the nature and submissions to remove such information comment period should circumstances extent of the requestor’s/petitioner’s before making the comment change during the 30-day comment property, financial, or other interest in submissions available to the public or period such that failure to act in a the proceeding; and (4) the possible entering the comment submissions into timely way would result, for example, effect of any decision or order which ADAMS. in derating or shutdown of the facility. may be entered in the proceeding on the Should the Commission take action requestor’s/petitioner’s interest. The II. Background prior to the expiration of either the petition must also set forth the specific Pursuant to Section 189a.(2) of the comment period or the notice period, it contentions which the requestor/ Atomic Energy Act of 1954, as amended will publish a notice of issuance in the petitioner seeks to have litigated at the (the Act), the NRC is publishing this Federal Register. Should the proceeding. notice. The Act requires the Commission make a final No Significant Each contention must consist of a Commission to publish notice of any Hazards Consideration Determination, specific statement of the issue of law or amendments issued, or proposed to be any hearing will take place after fact to be raised or controverted. In issued and grants the Commission the issuance. The Commission expects that addition, the requestor/petitioner shall authority to issue and make the need to take this action will occur provide a brief explanation of the bases immediately effective any amendment very infrequently. for the contention and a concise to an operating license or combined statement of the alleged facts or expert license, as applicable, upon a A. Opportunity To Request a Hearing opinion which support the contention determination by the Commission that and Petition for Leave To Intervene and on which the requestor/petitioner such amendment involves no significant Within 60 days after the date of intends to rely in proving the contention hazards consideration, notwithstanding publication of this notice, any person(s) at the hearing. The requestor/petitioner the pendency before the Commission of whose interest may be affected by this must also provide references to those a request for a hearing from any person. action may file a request for a hearing specific sources and documents of This notice includes notices of an and a petition to intervene with respect which the petitioner is aware and on amendment containing SUNSI. to issuance of the amendment to the which the requestor/petitioner intends subject facility operating license or III. Notice of Consideration of Issuance to rely to establish those facts or expert combined license. Requests for a of Amendments to Facility Operating opinion. The petition must include hearing and a petition for leave to Licenses and Combined Licenses, sufficient information to show that a intervene shall be filed in accordance Proposed No Significant Hazards genuine dispute exists with the with the Commission’s ‘‘Agency Rules Consideration Determination, and applicant on a material issue of law or of Practice and Procedure’’ in 10 CFR Opportunity for a Hearing fact. Contentions shall be limited to part 2. Interested person(s) should matters within the scope of the The Commission has made a consult a current copy of 10 CFR 2.309, amendment under consideration. The proposed determination that the which is available at the NRC’s PDR, contention must be one which, if following amendment requests involve located at One White Flint North, Room proven, would entitle the requestor/ no significant hazards consideration. O1–F21, 11555 Rockville Pike (first petitioner to relief. A requestor/ Under the Commission’s regulations in floor), Rockville, Maryland 20852. The petitioner who fails to satisfy these 10 CFR 50.92, this means that operation NRC’s regulations are accessible requirements with respect to at least one of the facility in accordance with the electronically from the NRC Library on contention will not be permitted to proposed amendment would not (1) the NRC’s Web site at http:// participate as a party. involve a significant increase in the www.nrc.gov/reading-rm/doc- Those permitted to intervene become probability or consequences of an collections/cfr/. If a request for a hearing parties to the proceeding, subject to any accident previously evaluated, or (2) or petition for leave to intervene is filed limitations in the order granting leave to create the possibility of a new or within 60 days, the Commission or a intervene, and have the opportunity to different kind of accident from any presiding officer designated by the participate fully in the conduct of the accident previously evaluated, or (3) Commission or by the Chief hearing with respect to resolution of involve a significant reduction in a Administrative Judge of the Atomic that person’s admitted contentions, margin of safety. The basis for this Safety and Licensing Board Panel, will including the opportunity to present proposed determination for each rule on the request and/or petition; and evidence and to submit a cross- amendment request is shown below. the Secretary or the Chief examination plan for cross-examination The Commission is seeking public Administrative Judge of the Atomic of witnesses, consistent with NRC comments on this proposed Safety and Licensing Board will issue a regulations, policies, and procedures. determination. Any comments received notice of a hearing or an appropriate Petitions for leave to intervene must within 30 days after the date of order. be filed no later than 60 days from the publication of this notice will be As required by 10 CFR 2.309, a date of publication of this notice. considered in making any final petition for leave to intervene shall set Requests for hearing, petitions for leave determination. forth with particularity the interest of to intervene, and motions for leave to Normally, the Commission will not the petitioner in the proceeding, and file new or amended contentions that issue the amendment until the how that interest may be affected by the are filed after the 60-day deadline will expiration of 60 days after the date of results of the proceeding. The petition not be entertained absent a publication of this notice. The should specifically explain the reasons determination by the presiding officer Commission may issue the license why intervention should be permitted that the filing demonstrates good cause amendment before expiration of the 60- with particular reference to the by satisfying the three factors in 10 CFR day period provided that its final following general requirements: (1) The 2.309(c)(1)(i)–(iii). determination is that the amendment name, address, and telephone number of If a hearing is requested, and the involves no significant hazards the requestor or petitioner; (2) the Commission has not made a final consideration. In addition, the nature of the requestor’s/petitioner’s determination on the issue of no

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significant hazards consideration, the B. Electronic Submissions (E-Filing) participant must file the document Commission will make a final All documents filed in NRC using the NRC’s online, Web-based determination on the issue of no adjudicatory proceedings, including a submission form. In order to serve significant hazards consideration. The request for hearing, a petition for leave documents through the Electronic final determination will serve to decide to intervene, any motion or other Information Exchange System, users when the hearing is held. If the final document filed in the proceeding prior will be required to install a Web determination is that the amendment to the submission of a request for browser plug-in from the NRC’s Web request involves no significant hazards hearing or petition to intervene, and site. Further information on the Web- consideration, the Commission may documents filed by interested based submission form, including the issue the amendment and make it governmental entities participating installation of the Web browser plug-in, is available on the NRC’s public Web immediately effective, notwithstanding under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- the request for a hearing. Any hearing accordance with the NRC’s E-Filing rule held would take place after issuance of submittals.html. (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a the amendment. If the final Filing process requires participants to determination is that the amendment digital ID certificate and a docket has submit and serve all adjudicatory been created, the participant can then request involves a significant hazards documents over the Internet, or in some consideration, then any hearing held submit a request for hearing or petition cases to mail copies on electronic for leave to intervene. Submissions would take place before the issuance of storage media. Participants may not any amendment unless the Commission should be in Portable Document Format submit paper copies of their filings (PDF) in accordance with NRC guidance finds an imminent danger to the health unless they seek an exemption in or safety of the public, in which case it available on the NRC’s public Web site accordance with the procedures at http://www.nrc.gov/site-help/e- will issue an appropriate order or rule described below. under 10 CFR part 2. submittals.html. A filing is considered To comply with the procedural complete at the time the documents are A State, local governmental body, requirements of E-Filing, at least 10 Federally-recognized Indian tribe, or submitted through the NRC’s E-Filing days prior to the filing deadline, the system. To be timely, an electronic agency thereof, may submit a petition to participant should contact the Office of the Commission to participate as a party filing must be submitted to the E-Filing the Secretary by email at system no later than 11:59 p.m. Eastern under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone Time on the due date. Upon receipt of should state the nature and extent of the at 301–415–1677, to request (1) a digital a transmission, the E-Filing system petitioner’s interest in the proceeding. identification (ID) certificate, which time-stamps the document and sends The petition should be submitted to the allows the participant (or its counsel or the submitter an email notice Commission by February 8, 2016. The representative) to digitally sign confirming receipt of the document. The petition must be filed in accordance documents and access the E-Submittal E-Filing system also distributes an email with the filing instructions in the server for any proceeding in which it is notice that provides access to the ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the document to the NRC’s Office of the section of this document, and should Secretary that the participant will be General Counsel and any others who meet the requirements for petitions for submitting a request or petition for have advised the Office of the Secretary leave to intervene set forth in this hearing (even in instances in which the that they wish to participate in the section, except that under § 2.309(h)(2) participant, or its counsel or proceeding, so that the filer need not a State, local governmental body, or representative, already holds an NRC- serve the documents on those Federally-recognized Indian tribe, or issued digital ID certificate). Based upon participants separately. Therefore, agency thereof does not need to address this information, the Secretary will applicants and other participants (or the standing requirements in 10 CFR establish an electronic docket for the their counsel or representative) must 2.309(d) if the facility is located within hearing in this proceeding if the apply for and receive a digital ID its boundaries. A State, local Secretary has not already established an certificate before a hearing request/ governmental body, Federally- electronic docket. petition to intervene is filed so that they recognized Indian tribe, or agency Information about applying for a can obtain access to the document via thereof may also have the opportunity to digital ID certificate is available on the the E-Filing system. participate under 10 CFR 2.315(c). NRC’s public Web site at http:// A person filing electronically using If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system who does not wish, or is not qualified, getting-started.html. System may seek assistance by contacting the to become a party to the proceeding requirements for accessing the E- NRC Meta System Help Desk through may, in the discretion of the presiding Submittal server are detailed in the the ‘‘Contact Us’’ link located on the officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// appearance pursuant to the provisions Submission,’’ which is available on the www.nrc.gov/site-help/e- of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// submittals.html, by email to limited appearance may make an oral or www.nrc.gov/site-help/e- [email protected], or by a toll- written statement of position on the submittals.html. Participants may free call at 1–866–672–7640. The NRC issues, but may not otherwise attempt to use other software not listed Meta System Help Desk is available participate in the proceeding. A limited on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern appearance may be made at any session NRC’s E-Filing system does not support Time, Monday through Friday, of the hearing or at any prehearing unlisted software, and the NRC Meta excluding government holidays. conference, subject to the limits and System Help Desk will not be able to Participants who believe that they conditions as may be imposed by the offer assistance in using unlisted have a good cause for not submitting presiding officer. Persons desiring to software. documents electronically must file an make a limited appearance are If a participant is electronically exemption request, in accordance with requested to inform the Secretary of the submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper Commission by February 8, 2016. accordance with the E-Filing rule, the filing requesting authorization to

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continue to submit documents in paper ADAMS under Accession No. installed) or a change in the methods format. Such filings must be submitted ML15253A328. governing normal plant operation. No new by: (1) First class mail addressed to the Description of amendment request: accident scenarios, failure mechanisms, or Office of the Secretary of the This amendment request contains limiting single failures are introduced as a Commission, U.S. Nuclear Regulatory sensitive unclassified non-safeguards result of the proposed changes. The proposed changes do not introduce Commission, Washington, DC 20555– information (SUNSI). The amendment any new accident precursors, nor do they 0001, Attention: Rulemaking and would revise Technical Specifications impose any new or different requirements or Adjudications Staff; or (2) courier, 1.1, ‘‘Definitions,’’ 3.4.9, ‘‘RCS Pressure eliminate any existing requirements. RCPB express mail, or expedited delivery and Temperature (P/T) Limits,’’ and 5.6, integrity will continue to be maintained in service to the Office of the Secretary, ‘‘Reporting Requirements,’’ by replacing accordance with 10 CFR 50 Appendix G; Sixteenth Floor, One White Flint North, the existing reactor vessel heatup and therefore, the assumed accident performance 11555 Rockville Pike, Rockville, cooldown rate limits and the pressure of plant structures, systems and components Maryland 20852, Attention: Rulemaking and temperature (P–T) limit curves with will not be affected. The proposed changes and Adjudications Staff. Participants references to a Pressure and do not alter assumptions made in the safety filing a document in this manner are analysis. Temperature Limits Report (PTLR). Therefore, the proposed changes do not responsible for serving the document on Basis for proposed no significant create the possibility of a new or different all other participants. Filing is hazards consideration determination: kind of accident from any accident considered complete by first-class mail As required by 10 CFR 50.91(a), the previously evaluated. as of the time of deposit in the mail, or licensee has provided its analysis of the 3. Does the proposed change involve a by courier, express mail, or expedited issue of no significant hazards significant reduction in a margin of safety? delivery service upon depositing the consideration, which is presented Response: No. document with the provider of the below: Margin of safety is related to confidence in service. A presiding officer, having the ability of the fission product barriers (fuel 1. Does the proposed change involve a cladding, reactor coolant system, and granted an exemption request from significant increase in the probability or using E-Filing, may require a participant primary containment) to perform their design consequences of an accident previously functions during and following postulated or party to use E-Filing if the presiding evaluated? accidents. The proposed changes do not officer subsequently determines that the Response: No. affect the function of the RCPB or its reason for granting the exemption from The proposed changes modify the TS by response during plant transients. By use of E-Filing no longer exists. replacing the reactor coolant system (RCS) calculating the P–T curves using NRG- Documents submitted in adjudicatory pressure and temperature (P–T) limit curves approved methodology, adequate margins of proceedings will appear in the NRC’s with references to the Pressure and safety relating to RCPB integrity are electronic hearing docket which is Temperature Limits Report (PTLR). The maintained. The proposed changes do not available to the public at http:// requested amendment would also adopt alter the manner in which the safety limits Licensing Topical Report (LTR) BWROG–TP– are determined. There are no changes to ehd1.nrc.gov/ehd/, unless excluded 11–022, Revision 1, ‘‘Pressure-Temperature pursuant to an order of the Commission, setpoints at which protective actions are Limits Report Methodology for Boiling Water initiated. The operability requirements for or the presiding officer. Participants are Reactors,’’ for the preparation of new DAEC equipment assumed to operate for accident requested not to include personal P–T curves developed for all plant conditions mitigation are not affected. privacy information, such as social at 54 effective full power years (EFPY). 10 Therefore, the proposed changes do not security numbers, home addresses, or CFR 50 Appendix G establishes requirements involve a significant reduction in a margin of home phone numbers in their filings, to protect the integrity of the reactor coolant safety unless an NRC regulation or other law pressure boundary (RCPB) in nuclear power The NRC staff has reviewed the requires submission of such plants. Implementing the NRC-approved licensee’s analysis and, based on this information. However, in some methodology for calculating P–T curves and relocating those P–T curves from the TS to review, it appears that the three instances, a request to intervene will the PTLR provide an equivalent level of standards of 10 CFR 50.92(c) are require including information on local assurance that RCPB integrity will be satisfied. Therefore, the NRC staff residence in order to demonstrate a maintained as specified in 10 CFR 50 proposes to determine that the proximity assertion of interest in the Appendix G. amendment request involves no proceeding. With respect to copyrighted The proposed changes do not alter or significant hazards consideration. works, except for limited excerpts that prevent the ability of structures, systems, and Attorney for licensee: Mr. William serve the purpose of the adjudicatory components (SSCs) from performing their Blair, P.O. Box 14000, Juno Beach, filings and would constitute a Fair Use intended function to mitigate the Florida 33408–0420. application, participants are requested consequences of an initiating event within the assumed acceptance limits. The proposed NRC Branch Chief: David L. Pelton. not to include copyrighted materials in changes do not require any physical change their submission. to any plant SSCs nor do they require any Order Imposing Procedures for Access For further details with respect to the change in systems or plant operations. The to Sensitive Unclassified Non- license amendment application, see the proposed changes are consistent with the Safeguards Information for Contention application for amendment which is safety analysis assumptions and resultant Preparation available for public inspection at the consequences. NextEra Energy Duane Arnold, LLC, NRC’s PDR. For additional direction on Therefore, the proposed changes do not involve a significant increase in the Docket No. 50–331, Duane Arnold obtaining information related to this Energy Center, Linn County, Iowa document, see the ‘‘Obtaining probability or consequences of an accident Information and Submitting previously evaluated. A. This Order contains instructions 2. Does the proposed change create the Comments,’’ section of this document. regarding how potential parties to this possibility of a new or different kind of proceeding may request access to NextEra Energy Duane Arnold, LLC, accident from any accident previously evaluated? documents containing SUNSI. Docket No. 50–331, Duane Arnold B. Within 10 days after publication of Energy Center, Linn County, Iowa Response: No. The proposed changes do not involve a this notice of hearing and opportunity to Date of amendment request: July 30, physical alteration of the plant (i.e., no new petition for leave to intervene, any 2015. A publicly-available version is in or different type of equipment will be potential party who believes access to

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SUNSI is necessary to respond to this within 10 days of receipt of the request receipt of that determination with: (a) notice may request such access. A whether: The presiding officer designated in this ‘‘potential party’’ is any person who (1) There is a reasonable basis to proceeding; (b) if no presiding officer intends to participate as a party by believe the petitioner is likely to has been appointed, the Chief demonstrating standing and filing an establish standing to participate in this Administrative Judge, or if he or she is admissible contention under 10 CFR NRC proceeding; and unavailable, another administrative 2.309. Requests for access to SUNSI (2) The requestor has established a judge, or an administrative law judge submitted later than 10 days after legitimate need for access to SUNSI. with jurisdiction pursuant to 10 CFR publication of this notice will not be E. If the NRC staff determines that the 2.318(a); or (c) officer if that officer has considered absent a showing of good requestor satisfies both D.(1) and D.(2) been designated to rule on information cause for the late filing, addressing why above, the NRC staff will notify the access issues. the request could not have been filed requestor in writing that access to SUNSI has been granted. The written H. Review of Grants of Access. A earlier. party other than the requester may C. The requester shall submit a letter notification will contain instructions on challenge an NRC staff determination requesting permission to access SUNSI how the requestor may obtain copies of granting access to SUNSI whose release to the Office of the Secretary, U.S. the requested documents, and any other would harm that party’s interest Nuclear Regulatory Commission, conditions that may apply to access to Washington, DC 20555–0001, Attention: those documents. These conditions may independent of the proceeding. Such a Rulemakings and Adjudications Staff, include, but are not limited to, the challenge must be filed with the Chief and provide a copy to the Associate signing of a Non-Disclosure Agreement Administrative Judge within 5 days of General Counsel for Hearings, or Affidavit, or Protective Order 2 setting the notification by the NRC staff of its Enforcement and Administration, Office forth terms and conditions to prevent grant of access. of the General Counsel, Washington, DC the unauthorized or inadvertent If challenges to the NRC staff 20555–0001. The expedited delivery or disclosure of SUNSI by each individual determinations are filed, these courier mail address for both offices is: who will be granted access to SUNSI. procedures give way to the normal U.S. Nuclear Regulatory Commission, F. Filing of Contentions. Any process for litigating disputes 11555 Rockville Pike, Rockville, contentions in these proceedings that concerning access to information. The Maryland 20852. The email address for are based upon the information received availability of interlocutory review by the Office of the Secretary and the as a result of the request made for the Commission of orders ruling on Office of the General Counsel are SUNSI must be filed by the requestor no such NRC staff determinations (whether [email protected] and later than 25 days after the requestor is granting or denying access) is governed [email protected], respectively.1 granted access to that information. by 10 CFR 2.311.3 However, if more than 25 days remain The request must include the following I. The Commission expects that the information: between the date the petitioner is granted access to the information and NRC staff and presiding officers (and (1) A description of the licensing any other reviewing officers) will action with a citation to this Federal the deadline for filing all other consider and resolve requests for access Register notice; contentions (as established in the notice to SUNSI, and motions for protective (2) The name and address of the of hearing or opportunity for hearing), potential party and a description of the the petitioner may file its SUNSI orders, in a timely fashion in order to potential party’s particularized interest contentions by that later deadline. This minimize any unnecessary delays in that could be harmed by the action provision does not extend the time for identifying those petitioners who have identified in C.(1); and filing a request for a hearing and standing and who have propounded (3) The identity of the individual or petition to intervene, which must contentions meeting the specificity and entity requesting access to SUNSI and comply with the requirements of 10 CFR basis requirements in 10 CFR part 2. the requester’s basis for the need for the 2.309. Attachment 1 to this Order summarizes information in order to meaningfully G. Review of Denials of Access. the general target schedule for participate in this adjudicatory (1) If the request for access to SUNSI processing and resolving requests under proceeding. In particular, the request is denied by the NRC staff after a these procedures. must explain why publicly-available determination on standing and need for It is so ordered. access, the NRC staff shall immediately versions of the information requested Dated at Rockville, Maryland, this 20th day would not be sufficient to provide the notify the requestor in writing, briefly of November, 2015. basis and specificity for a proffered stating the reason or reasons for the contention. denial. For the Nuclear Regulatory Commission. D. Based on an evaluation of the (2) The requester may challenge the Annette L. Vietti-Cook, information submitted under paragraph NRC staff’s adverse determination by Secretary of the Commission. C.(3) the NRC staff will determine filing a challenge within 5 days of 3 Requesters should note that the filing 1 While a request for hearing or petition to 2 Any motion for Protective Order or draft Non- requirements of the NRC’s E-Filing Rule (72 FR intervene in this proceeding must comply with the Disclosure Affidavit or Agreement for SUNSI must 49139; August 28, 2007) apply to appeals of NRC filing requirements of the NRC’s ‘‘E-Filing Rule,’’ be filed with the presiding officer or the Chief staff determinations (because they must be served the initial request to access SUNSI under these Administrative Judge if the presiding officer has not on a presiding officer or the Commission, as procedures should be submitted as described in this yet been designated, within 30 days of the deadline applicable), but not to the initial SUNSI request paragraph. for the receipt of the written access request. submitted to the NRC staff under these procedures.

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

Day Event/activity

0 ...... Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with in- structions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in- forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in- formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc- essing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec- tive order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2015–30154 Filed 12–7–15; 8:45 am] Units 2 and 3 located in Fairfield available documents online in the BILLING CODE 7590–01–P County, South Carolina. ADAMS Public Documents collection at The granting of the exemption allows http://www.nrc.gov/reading-rm/ the changes to Tier 1 information adams.html. To begin the search, select NUCLEAR REGULATORY requested in the amendment. Because ‘‘ADAMS Public Documents’’ and then COMMISSION the acceptability of the exemption was select ‘‘Begin Web-based ADAMS determined in part by the acceptability Search.’’ For problems with ADAMS, [Docket Nos. 52–027 and 52–028; NRC– of the amendment, the exemption and please contact the NRC’s Public 2008–0441] amendment are being issued Document Room (PDR) reference staff at concurrently. 1–800–397–4209, 301–415–4737, or by Virgil C. Summer Nuclear Station, DATES: December 8, 2015. email to [email protected]. The Units 2 and 3; South Carolina Electric ADAMS accession number for each & Gas Company ADDRESSES: Please refer to Docket ID NRC–2008–0441 when contacting the document referenced (if it is available in AGENCY: Nuclear Regulatory NRC about the availability of ADAMS) is provided the first time that Commission. information regarding this document. a document is referenced. The request for the amendment and exemption was ACTION: You may obtain publicly-available Exemption and combined submitted by the letter dated December license amendment; issuance. information related to this document using any of the following methods: 4, 2014 (ADAMS Accession No. SUMMARY: The U.S. Nuclear Regulatory • Federal Rulemaking Web site: Go to ML14339A637). The licensee Commission (NRC) is granting an http://www.regulations.gov and search supplemented this request by letters exemption to allow a departure from the for Docket ID NRC–2008–0441. Address dated July 23 and August 27, 2015 certification information of Tier 1 of the questions about NRC dockets to Carol (ADAMS Accession Nos. ML15204A845 generic design control document (DCD) Gallagher; telephone: 301–415–3463; and ML15239A814, respectively). • and issuing License Amendment No. 35 email: [email protected]. For NRC’s PDR: You may examine and to Combined Licenses (COL), NPF–93 technical questions, contact the purchase copies of public documents at and NPF–94. The COLs were issued to individual listed in the FOR FURTHER the NRC’s PDR, Room O1–F21, One South Carolina Electric & Gas Company INFORMATION CONTACT section of this White Flint North, 11555 Rockville (SCE&G), and South Carolina Public document. Pike, Rockville, Maryland 20852. Service Authority (the licensee), for • NRC’s Agencywide Documents FOR FURTHER INFORMATION CONTACT: construction and operation of the Virgil Access and Management System Ruth Reyes, Office of New Reactors, C. Summer Nuclear Station (VCSNS), (ADAMS): You may obtain publicly- U.S. Nuclear Regulatory Commission,

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Washington, DC 20555–0001; telephone: exemption is reproduced (with the 3. As explained in Section 5.0 of the 301–415–3249; email: Ruth.Reyes@ exception of abbreviated titles and NRC staff’s Safety Evaluation (ADAMS nrc.gov. additional citations) in Section II of this Accession No. ML15254A216), this SUPPLEMENTARY INFORMATION: document. The amendment documents exemption meets the eligibility criteria for COLs NPF–93 and NPF–94 are for categorical exclusion set forth in 10 I. Introduction available in ADAMS under Accession CFR 51.22(c)(9). Therefore, pursuant to The NRC is granting an exemption Nos. ML15254A197 and ML15254A200, 10 CFR 51.22(b), no environmental from Tier 1 information in the certified respectively. A summary of the impact statement or environmental DCD incorporated by reference in part amendment documents is provided in assessment needs to be prepared in 52 of title 10 of the Code of Federal Section III of this document. connection with the issuance of the Regulations (10 CFR), appendix D, exemption. II. Exemption 4. This exemption is effective as of the ‘‘Design Certification Rule for the date of its issuance. AP1000 Design,’’ and issuing License Reproduced below is the exemption document issued to VCSNS, Units 2 and Amendment No. 35 to COLs, NPF–93 III. License Amendment Request and NPF–94, to the licensee. The 3. It makes reference to the combined safety evaluation that provides the The request for the amendment and exemption is required by Paragraph A.4 exemption was submitted by the letter of Section VIII, ‘‘Processes for Changes reasoning for the findings made by the NRC (and listed under Item 1) in order dated December 4, 2014. The licensee and Departures,’’ Appendix D to 10 CFR supplemented this request by the letters part 52 to allow the licensee to depart to grant the exemption: 1. In a letter dated December 4, 2014, dated July 23 and August 27, 2015. The from Tier 1 information. With the and supplemented by letters dated July proposed amendment is described in requested amendment, the licensee 23 and August 27, 2015, South Carolina Section I, above. sought proposed changes related to the Electric & Gas Company (licensee) The Commission has determined for structure and layout of various areas of requested from the Nuclear Regulatory these amendments that the application the annex building. The proposed Commission (Commission) an complies with the standards and changes to Tier 2 information in the exemption to allow departures from Tier requirements of the Atomic Energy Act VCSNS Units 2 and 3 Updated Final 1 information in the certified Design of 1954, as amended (the Act), and the Safety Analysis Report (UFSAR), plant- Control Document (DCD) incorporated Commission’s rules and regulations. specific Tier 1 information, and by reference in 10 CFR part 52, The Commission has made appropriate corresponding COL appendix C Appendix D, ‘‘Design Certification Rule findings as required by the Act and the information would allow: for the AP1000 Design,’’ as part of Commission’s rules and regulations in (1) Installation of an additional non- license amendment request (LAR) 13– 10 CFR chapter I, which are set forth in safety-related battery; 22, ‘‘Annex Building Structure and the license amendment. (2) Revision to the annex building Layout Changes.’’ A notice of consideration of issuance internal configuration by converting a For the reasons set forth in Section 3.1 of amendment to facility operating shift turnover room to a battery room, of the NRC staff’s Safety Evaluation, license or combined license, as adding an additional battery equipment which can be found in ADAMS under applicable, proposed no significant room, and moving a fire area wall; Accession No. ML15254A216, the hazards consideration determination, (3) Increase in the height of a room in Commission finds that: and opportunity for a hearing in the annex building; and A. the exemption is authorized by connection with these actions, was (4) Increase in thicknesses of certain law; published in the Federal Register on annex building floor slabs. B. the exemption presents no undue March 31, 2015 (80 FR 17093). No Part of the justification for granting risk to public health and safety; comments were received during the 30- the exemption was provided by the C. the exemption is consistent with day comment period. review of the amendment. Because the the common defense and security; The NRC staff has found that the exemption is necessary in order to issue D. special circumstances are present amendment involves no significant the requested license amendment, the in that the application of the rule in this hazards consideration. The Commission NRC granted the exemption and issued circumstance is not necessary to serve has determined that these amendments the amendment concurrently, rather the underlying purpose of the rule; satisfy the criteria for categorical than in sequence. This included issuing E. the special circumstances outweigh exclusion in accordance with 10 CFR a combined safety evaluation containing any decrease in safety that may result 51.22(c)(9). Therefore, pursuant to 10 the NRC staff’s review of both the from the reduction in standardization CFR 51.22(b), no environmental impact exemption request and the license caused by the exemption, and statement or environmental assessment amendment. The exemption met all F. the exemption will not result in a need be prepared for these amendments. applicable regulatory criteria set forth in significant decrease in the level of safety IV. Conclusion 10 CFR 50.12, 10 CFR 52.7, and 10 CFR otherwise provided by the design. 52.63(b)(1). The license amendment was 2. Accordingly, the licensee is granted Using the reasons set forth in the found to be acceptable as well. The an exemption to the provisions of 10 combined safety evaluation, the staff combined safety evaluation is available CFR part 52, appendix D, Section III.B, granted the exemption and issued the in ADAMS under Accession No. to allow deviations from the certified amendment that the licensee requested ML15254A216. DCD Tier 1 Table 3.3–1 and Figure 3.3– on December 4, 2014, and Identical exemption documents 11A, as described in the licensee’s supplemented by the letters dated July (except for referenced unit numbers and request dated December 4, 2014, and 23 and August 27, 2015. The exemption license numbers) were issued to the supplemented by letters dated July 23 and amendment were issued on October licensee for VCSNS Units 2 and 3 (COLs and August 27, 2015. This exemption is 22, 2015, as part of a combined package NPF–93 and NPF–94). These documents related to, and necessary for the granting to the licensee (ADAMS Accession No. can be found in ADAMS under of License Amendment No. 35, which is ML15254A194). Accession Nos. ML15254A203 and being issued concurrently with this Dated at Rockville, Maryland, this 30th day ML15254A207, respectively. The exemption. of November 2015.

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For the Nuclear Regulatory Commission. Management, 1900 E St. NW., Suite finding that these registrants are no Lawrence Burkhart, 5H35, Washington, DC 20415. Phone longer in existence, are not engaged in Chief, Licensing Branch 4, Division of New (202) 606–0020 FAX (202) 606–6012 or business as investment advisers, or are Reactor Licensing, Office of New Reactors. email at [email protected]. prohibited from registering as [FR Doc. 2015–30879 Filed 12–7–15; 8:45 am] U.S. Office of Personnel Management. investment advisers under section 203A BILLING CODE 7590–01–P Beth F. Cobert, of the Act, and that their registrations should be cancelled pursuant to section Acting Director. 203(h) of the Act. [FR Doc. 2015–30833 Filed 12–7–15; 8:45 am] Notice is also given that any OFFICE OF PERSONNEL BILLING CODE 6820–B2–P MANAGEMENT interested person may, by Monday, December 28, 2015, at 5:30 p.m., submit Notice of Meeting of the Hispanic to the Commission in writing a request Council on Federal Employment SECURITIES AND EXCHANGE for a hearing on the cancellation of a COMMISSION registrant, accompanied by a statement AGENCY: U.S. Office of Personnel as to the nature of the writer’s interest, Management. Investment Advisers Act of 1940, the reason for such request, and the ACTION: December 10, 2015 Council Release No. 4285/December 2, 2015; issues, if any, of fact or law proposed to Meeting. Notice of Intention To Cancel be controverted, and the writer may Registrations of Certain Investment request to be notified if the Commission SUMMARY: The Hispanic Council on Advisers Pursuant to Section 203(H) of should order a hearing thereon. Any Federal Employment (Council) meeting the Investment Advisers Act of 1940 such communication should be will be held on Thursday, December 10, Notice is given that the Securities and addressed: Secretary, Securities and 2015 at the location shown below from Exchange Commission, Washington, DC 1:30 p.m. to 3:00 p.m. Exchange Commission (the ‘‘Commission’’) intends to issue an 20549. The Council is an advisory committee At any time after Monday, December composed of representatives from order or orders, pursuant to Section 203(h) of the Investment Advisers Act of 28, 2015, the Commission may issue an Hispanic organizations and senior order or orders cancelling the government officials. Along with its 1940 (the ‘‘Act’’), cancelling the registrations of the investment advisers registrations of any or all of the other responsibilities, the Council shall registrants listed in the Appendix, upon advise the Director of the Office of whose names appear in the attached Appendix, hereinafter referred to as the the basis of the information stated Personnel Management on matters above, unless an order or orders for a involving the recruitment, hiring, and registrants. Section 203(h) of the Act provides, in hearing on the cancellation shall be advancement of Hispanics in the issued upon request or upon the Federal workforce. The Council is co- pertinent part, that if the Commission finds that any person registered under Commission’s own motion. Persons who chaired by the Director of the Office of requested a hearing, or to be advised as Personnel Management and the Chair of Section 203, or who has pending an application for registration filed under to whether a hearing is ordered, will the National Hispanic Leadership receive any notices and orders issued in Agenda (NHLA). that section, is no longer in existence, is not engaged in business as an this matter, including the date of the The meeting is open to the public. hearing (if ordered) and any Please contact the Office of Personnel investment adviser, or is prohibited from registering as an investment postponements thereof. Any adviser Management at the address shown whose registration is cancelled under below if you wish to present material to adviser under section 203A, the Commission shall by order, cancel the delegated authority may appeal that the Council at any of the meetings. The decision directly to the Commission in manner and time prescribed for registration of such person. The registrants listed in the Appendix accordance with rules 430 and 431 of presentations may be limited, the Commission’s rules of practice (17 depending upon the number of parties either have not filed a Form ADV amendment with the Commission as CFR 201.430 and 431). that express interest in presenting For further information contact: Jamie information. required by rule 204–1 under the Act and appear to be no longer in business Lynn Walter, Senior Counsel at 202– ADDRESSES: U.S. Office of Personnel as investment advisers, or have 551–6999 (Division of Investment Management, 1900 E St. NW., Executive indicated on Form ADV that they are no Management, Office of Investment Conference Room, 5th Floor, longer eligible to remain registered with Adviser Regulation). Washington, DC 20415. the Commission as investment advisers For the Commission, by the Division of FOR FURTHER INFORMATION CONTACT: but have not filed Form ADV–W to Investment Management, pursuant to Sharon Wong, Deputy Director, Policy & withdraw their registration. delegated authority.1 Coordination for the Office of Diversity Accordingly, the Commission believes Robert W. Errett, and Inclusion, Office of Personnel that reasonable grounds exist for a Deputy Secretary.

APPENDIX

801–72059 ...... SOLOMON HENDRIX & CO. 801–9488 ...... MAURY WADE & COMPANY. 801–71810 ...... BISHOP ASSET MANAGEMENT, LLC. 801–69144 ...... SAFE HAVEN ADVISORS, INC 801–70781 ...... WANGER OMNIWEALTH, LLC. 801–70401 ...... MIDWEST MORTGAGE ANALYTICS. 801–70533 ...... ALPHAMETRIX, LLC. 801–71189 ...... MORGAN FINCH, LLC.

1 17 CFR 200.30–5(e)(2).

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APPENDIX—Continued 801–77520 ...... ACCESS STRATEGIC ADVISORY GROUP, LLC. 801–66662 ...... ARNOTT CAPITAL PTY LTD. 801–71208 ...... KPDN INC. 801–69648 ...... FUTURE VALUE CONSULTANTS LIMITED. 801–65517 ...... FGS CAPITAL LLP. 801–71188 ...... CENTINELA CAPITAL PARTNERS, LLC. 801–72117 ...... MAP ALTERNATIVE ASSET MANAGEMENT COMPANY, LLC. 801–69898 ...... INSIGHT ONSITE STRATEGIC MANAGEMENT LLC. 801–10966 ...... GARY EUGENE GIBBONS DBA THE COLERIDGE GROUP. 801–77747 ...... NEW SOURCE MEDIA ADVISOR, LLC. 801–70916 ...... CMA ADVISORY GROUP, LLC. 801–78409 ...... CASICO, LLC. 801–78848 ...... RCG PARTNERS. 801–72000 ...... STAMBOULI MANAGEMENT CORP. 801–71089 ...... OPTIMIZE CAPITAL. 801–71439 ...... BATTENKILL CAPITAL MANAGEMENT, INC. 801–78049 ...... EXCALIBUR MANAGEMENT, LLC. 801–61973 ...... MEDITRON ASSET MANAGEMENT, LLC. 801–77143 ...... CAMELOT ACQUISITION SECONDARY OPPORTUNITIES MANAGEMENT, LLC. 801–63963 ...... HARPER ASSOCIATES, LLC. 801–28490 ...... FX CONCEPTS, LLC. 801–76567 ...... CUSTOM FINANCIAL SERVICES, LLC. 801–8984 ...... VALLEY FORGE MANAGEMENT CORP. 801–70460 ...... PAUL–ELLIS INVESTMENT ASSOCIATES. 801–77931 ...... YORKSHIRE CAPITAL MANAGEMENT LLC. 801–77496 ...... WILLIAMS CAPITAL STRATEGIES LLC. 801–72743 ...... NICHOLS CONSULTING. 801–62524 ...... PURCELL ADVISORY SERVICES, LLC. 801–76636 ...... PETROFF INSTITUTIONAL. 801–72299 ...... VASQUEZ & CO.

[FR Doc. 2015–30838 Filed 12–7–15; 8:45 am] solicit comments on the proposed rule A. Self-Regulatory Organization’s BILLING CODE 8011–01–P change from interested persons. Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule I. Self-Regulatory Organization’s Change SECURITIES AND EXCHANGE Statement of the Terms of Substance of COMMISSION the Proposed Rule Change 1. Purpose The Exchange proposes to amend [Release No. 34–76540; File No. SR– The Exchange proposes to amend NYSEMKT–2015–97] Rule 132—Equities (‘‘Rule 132’’) to Rule 132—Equities to delete delete Supplementary Material .40, Supplementary Material .40 requiring Self-Regulatory Organizations; NYSE which requires members to submit members effecting transactions on the MKT LLC; Notice of Filing and certain data elements and badge equities trading Floor (the ‘‘Trading Immediate Effectiveness of Proposed information for transactions effected on Floor’’) to submit certain data elements Rule Change Amending Rule 132— the Trading Floor and to make a Equities To Delete Supplementary and badge information and to make a conforming change. Material .40 Requiring Members conforming change. The proposed rule Rule 132 requires clearing member Effecting Transactions on the Equities change is available on the Exchange’s organizations submitting a transaction Trading Floor to Submit Certain Data Web site at www.nyse.com, at the to comparison to include the audit trail Elements and Badge Information and principal office of the Exchange, and at data elements set forth in to Make a Conforming Change the Commission’s Public Reference Supplementary Material .30, including a Room. specification of the account type for December 2, 2015. which the transaction was effected Pursuant to section 19(b)(1) 1 of the II. Self-Regulatory Organization’s according to defined account categories. Securities Exchange Act of 1934 (the Statement of the Purpose of, and Consistent with this requirement, ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Statutory Basis for, the Proposed Rule Supplementary Material .40 requires notice is hereby given that on November Change members 4 effecting transactions on the 20, 2015, NYSE MKT LLC (the In its filing with the Commission, the Trading Floor as agent or otherwise to ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with self-regulatory organization included supply these audit trail data elements to the Securities and Exchange statements concerning the purpose of, their clearing member organization and Commission (the ‘‘Commission’’) the to promptly provide the reporter in the proposed rule change as described in and basis for, the proposed rule change and discussed any comments it received Crowd (or other designated Exchange Items I, II, and III below, which Items representative) with the member’s have been prepared by the self- on the proposed rule change. The text of those statements may be examined at broker badge number or alpha symbol. regulatory organization. The The Exchange proposes to delete Rule the places specified in Item IV below. Commission is publishing this notice to 132.40 as obsolete. Rule 132.40 was The Exchange has prepared summaries, 1 set forth in sections A, B, and C below, 15 U.S.C.78s(b)(1). 4 Under Rule 2(a), a member is a natural person 2 15 U.S.C. 78a. of the most significant parts of such associated with a member organization and in the 3 17 CFR 240.19b–4. statements. context of Rule 132.40, refers to Floor brokers only.

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adopted at a time when manual to the Exchange’s jurisdiction, 19(b)(3)(A) of the Act 8 and Rule 19b– transactions on the Trading Floor were regulators, and the investing public can 4(f)(6) thereunder.9 recorded on paper order tickets. The more easily navigate and understand the At any time within 60 days of the rule was designed to improve trade Exchange’s rulebook. The Exchange also filing of such proposed rule change, the documentation and ensure that broker believes that eliminating obsolete rules Commission summarily may badge information was captured would not be inconsistent with the temporarily suspend such rule change if correctly for Crowd trades (i.e., verbal public interest and the protection of it appears to the Commission that such executions between two Floor brokers or investors because investors will not be action is necessary or appropriate in the between a Floor broker and a specialist). harmed and in fact would benefit from public interest, for the protection of Currently, however, all information increased transparency as to which investors, or otherwise in furtherance of regarding transactions at the Exchange, rules are operable, thereby reducing the purposes of the Act. If the including the audit trail data elements potential confusion. Similarly, the Commission takes such action, the of Rule 132.30 and badge information Exchange believes that removing a Commission shall institute proceedings for manual transactions, is captured and cross-reference to obsolete requirements under section 19(b)(2)(B) 10 of the Act to transmitted electronically by Exchange would remove impediments to and determine whether the proposed rule systems. Because these data elements no perfect the mechanism of a free and change should be approved or longer need to be separately submitted open market because it would reduce disapproved. by members, Rule 132.40 is obsolete and potential confusion that may result from therefore can be deleted. having such cross references in the IV. Solicitation of Comments The Exchange also proposes to amend Exchange’s rulebook. Removing such Interested persons are invited to Rule 476A, which sets forth the list of obsolete cross references will also submit written data, views, and rules under which a member further the goal of transparency and add arguments concerning the foregoing, organization or covered person may be clarity to the Exchange’s rules. including whether the proposed rule subject to a fine in lieu of the Exchange change is consistent with the Act. commencing a disciplinary proceeding B. Self-Regulatory Organization’s Comments may be submitted by any of under Rule 476. Rule 476A permits a Statement on Burden on Competition the following methods: summary fine for failures to collect and/ The Exchange does not believe that or submit all audit trail data specified in the proposed rule change will impose Electronic Comments Rule 132. The Exchange proposes to any burden on competition that is not • Use the Commission’s Internet delete the clause ‘‘and/or submit’’ to necessary or appropriate in furtherance comment form (http://www.sec.gov/ reflect elimination of the submission of the purposes of the Act. The rules/sro.shtml); or requirement set forth in Supplementary proposed rule change is not intended to • Send an email to rule- Material .40 of Rule 132. The Exchange address competitive issues but rather to [email protected]. Please include File believes this proposed change will add eliminate obsolete data submission Number SR–NYSEMKT–2015–97 on the transparency and clarity to the requirements for trades on its Trading subject line. Exchange’s rules. Floor. Paper Comments 2. Statutory Basis C. Self-Regulatory Organization’s • Send paper comments in triplicate The Exchange believes that the Statement on Comments on the to Brent J. Fields, Secretary, Securities proposed rule change is consistent with Proposed Rule Change Received From and Exchange Commission, 100 F Street section 6(b) of the Act,5 in general, and Members, Participants, or Others NE., Washington, DC 20549–1090. furthers the objectives of section 6(b)(5) No written comments were solicited All submissions should refer to File of the Act,6 in particular, because it is or received with respect to the proposed Number SR–NYSEMKT–2015–97. This designed to prevent fraudulent and rule change. file number should be included on the manipulative acts and practices, subject line if email is used. To help the III. Date of Effectiveness of the promote just and equitable principles of Commission process and review your Proposed Rule Change and Timing for trade, remove impediments to and comments more efficiently, please use Commission Action perfect the mechanism of a free and only one method. The Commission will open market and a national market Because the foregoing proposed rule post all comments on the Commission’s system, and protect investors and the does not (i) significantly affect the Internet Web site (http://www.sec.gov/ public interest. In particular, the protection of investors or the public rules/sro.shtml). Copies of the Exchange believes that deleting rule text interest; (ii) impose any significant submission, all subsequent relating to a requirement that is burden on competition; and (iii) become amendments, all written statements obsolete, i.e., to manually submit and operative for 30 days from the date on with respect to the proposed rule transmit information that Exchange which it was filed, or such shorter time change that are filed with the systems now capture and transmit as the Commission may designate if Commission, and all written electronically, removes impediments to consistent with the protection of communications relating to the and perfects the mechanism of a free investors and the public interest, proposed rule change between the and open market by simplifying its provided that the self-regulatory Commission and any person, other than rulebook and removing confusion that organization has given the Commission those that may be withheld from the may result from having obsolete rules in written notice of its intent to file the public in accordance with the the Exchange’s rulebook. The Exchange proposed rule change at least five provisions of 5 U.S.C. 552, will be further believes that the proposal business days prior to the date of filing available for Web site viewing and removes impediments to and perfects of the proposed rule change or such printing in the Commission’s Public the mechanism of a free and open shorter time as designated by the Reference Room, 100 F Street NE., market by ensuring that persons subject Commission,7 the proposed rule change has become effective pursuant to section 8 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78f(b). 9 17 CFR 240.19b–4(f)(6). 6 15 U.S.C. 78f(b)(5). 7 The Exchange has fulfilled this requirement. 10 15 U.S.C. 78s(b)(2)(B).

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Washington, DC 20549, on official SECURITIES AND EXCHANGE ‘‘Exchange’’) filed with the Securities business days between the hours of COMMISSION and Exchange Commission 10:00 a.m. and 3:00 p.m. Copies of the (‘‘Commission’’), pursuant to Section filing will also be available for Sunshine Act Meeting 19(b)(1) of the Securities Exchange Act inspection and copying at the NYSE’s of 1934 (‘‘Exchange Act’’) 1 and Rule Notice is hereby given, pursuant to principal office and on its Internet Web 19b–4 thereunder,2 a proposed rule the provisions of the Government in the site at www.nyse.com. All comments change to list and trade shares Sunshine Act, Public Law 94–409, that received will be posted without change; (‘‘Shares’’) of the Active Alts Contrarian the Securities and Exchange the Commission does not edit personal ETF (‘‘Fund’’) of ETFis Series Trust I Commission will hold a Closed Meeting identifying information from (‘‘Trust’’) under Nasdaq Rule 5735. The on Thursday, December 10, 2015 at 2:00 submissions. You should submit only proposed rule change was published for information that you wish to make p.m. Commissioners, Counsel to the comment in the Federal Register on available publicly. All submissions 3 Commissioners, the Secretary to the October 29, 2015. The Commission should refer to File Number SR– received no comments on the proposal. NYSEMKT–2015–97 and should be Commission, and recording secretaries will attend the Closed Meeting. Certain This order approves the proposed rule submitted on or before December 29, change. 2015. staff members who have an interest in the matters also may be present. II. The Exchange’s Description of the For the Commission, by the Division of The General Counsel of the Proposal 4 Trading and Markets, pursuant to delegated Commission, or her designee, has authority.11 Nasdaq proposes to list and trade the certified that, in her opinion, one or Shares under Nasdaq Rule 5735, which Robert W. Errett, more of the exemptions set forth in 5 governs the listing and trading of Deputy Secretary. U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) Managed Fund Shares.5 The Fund will [FR Doc. 2015–30837 Filed 12–7–15; 8:45 am] and 17 CFR 200.402(a)(3), (5), (7), 9(ii) be an actively-managed exchange-traded BILLING CODE 8011–01–P and (10), permit consideration of the fund (‘‘ETF’’). The Shares will be scheduled matter at the Closed Meeting. Commissioner Stein, as duty officer, offered by the Trust, which was SECURITIES AND EXCHANGE established as a Delaware series trust on voted to consider the items listed for the 6 COMMISSION Closed Meeting in closed session. September 20, 2012. The Fund will be The subject matter of the Closed a series of the Trust. Etfis Capital LLC Sunshine Act Meeting Meeting will be: will be the investment adviser Notice is hereby given, pursuant to Settlement of injunctive actions; (‘‘Adviser’’) to the Fund. Active Alts Institution and settlement of Inc. will be the investment sub-adviser the provisions of the Government in the 7 Sunshine Act, Public Law 94–409, that administrative proceedings; to the Fund (‘‘Sub-Adviser’’). ETF the Securities and Exchange Resolution of litigation claims; and Other matters relating to enforcement 1 15 U.S.C. 78s(b)(1). Commission will hold an Open Meeting 2 proceedings. 17 CFR 240.19b–4. on Friday, December 11, 2015 at 10:00 3 See Securities Exchange Act Release No. 76245 a.m., in the Auditorium, Room L–002. At times, changes in Commission (Oct. 23, 2015), 80 FR 66594 (‘‘Notice’’). The subject matter of the Open priorities require alterations in the 4 Additional information regarding, among other Meeting will be: scheduling of meeting items. things, the Shares, the Fund, its investment • The Commission will consider For further information and to objective, its investments, its investment strategies, whether to propose a new rule and ascertain what, if any, matters have been its investment methodology, its fees, its creation and redemption procedures, availability of amendments to certain proposed forms added, deleted or postponed, please information, trading rules and halts, and related to the use of derivatives by contact the Office of the Secretary at surveillance procedures can be found in the Notice registered investment companies and (202) 551–5400. and in the Registration Statement. See Notice, supra note 3, and Registration Statement, infra note 6, business development companies. Dated: December 3, 2015. • The Commission will consider respectively. Brent J. Fields, 5 A Managed Fund Share is a security that whether to propose rules to require Secretary. represents an interest in an investment company disclosure of certain payments made to registered under the Investment Company Act of governments by resource extraction [FR Doc. 2015–30946 Filed 12–4–15; 11:15 am] 1940, as amended (15 U.S.C. 80a–1) (the ‘‘1940 issuers, as mandated by Section 1504 of BILLING CODE 8011–01–P Act’’) organized as an open-end investment company or similar entity that invests in a portfolio the Dodd-Frank Wall Street Reform and of securities selected by its investment adviser Consumer Protection Act. consistent with its investment objectives and At times, changes in Commission SECURITIES AND EXCHANGE policies. priorities require alterations in the COMMISSION 6 The Trust is registered with the Commission as scheduling of meeting items. an investment company and has filed a registration [Release No. 34–76538; File No. SR– statement on Form N–1A (‘‘Registration Statement’’) For further information and to NASDAQ–2015–124] with the Commission. See Post-Effective ascertain what, if any, matters have been Amendment No. 70 to Registration Statement on added, deleted, or postponed, please Self-Regulatory Organizations; The Form N–1A for the Trust, dated Oct. 16, 2015 (File contact: NASDAQ Stock Market LLC; Order Nos. 333–187668 and 811–22819). The description The Office of the Secretary at (202) Approving a Proposed Rule Change To of the Fund and the Shares contained herein is based, in part, on information in the Registration 551–5400. List and Trade Shares of the Active Statement. The Commission has issued an order, Dated: December 4, 2015. Alts Contrarian ETF of ETFis Series upon which the Trust may rely (‘‘Exemptive Trust I Order’’), granting certain exemptive relief to the Brent J. Fields, investment adviser to the Fund under the 1940 Act. Secretary. December 2, 2015. See Investment Company Act Release No. 30607 [FR Doc. 2015–31071 Filed 12–4–15; 4:15 pm] (Jul. 23, 2013) (File No. 812–14080). I. Introduction 7 An investment adviser to an open-end fund is BILLING CODE 8011–01–P required to be registered under the Investment On October 19, 2015, The NASDAQ Advisers Act of 1940 (‘‘Advisers Act’’). As a result, 11 17 CFR 200.30–3(a)(12). Stock Market LLC (‘‘Nasdaq’’ or Continued

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Distributors LLC (‘‘Distributor’’) will be result of a ‘‘short squeeze.’’ 10 The Sub- or the Fund has received an order for the principal underwriter and Adviser’s process for identifying short exemptive relief from the 3% limitation distributor of the Shares. The Bank of squeeze opportunities involves analysis from the Commission that is applicable New York Mellon Corporation (‘‘BNY’’) of both fundamental factors (e.g., quality to the Fund; and (ii) the ETF and the will act as the administrator, accounting of earnings, fundamental stability of Fund take appropriate steps to comply agent, custodian and transfer agent to business, etc.) and technical factors with any conditions in such order. the Fund. (e.g., price and volume characteristics, The Fund’s investments (including The Exchange represents that the relative strength, etc.). Using this investments in ETFs) will not be Adviser is not a broker-dealer, although analysis, the Sub-Adviser seeks to utilized to seek to achieve a leveraged it is affiliated with the Distributor, a identify securities where, in the opinion return on the Fund’s net assets. broker-dealer. The Adviser has of the Sub-Adviser, short interest is The Fund will not invest in futures implemented a fire wall with respect to significant, is increasing or is expected contracts, will not invest in options, its broker-dealer affiliate regarding to increase, but is unjustified based on will not invest in swaps, and will not access to information concerning the the Sub-Adviser’s analysis. invest in other derivative instruments. composition and/or changes to the The Exchange states that, to the extent The Fund also will not invest in portfolio. The Exchange represents that the Sub-Adviser has not identified leveraged ETFs. the Sub-Adviser is not a broker-dealer Equities suitable for investment, the III. Discussion and Commission and is not affiliated with a broker- Fund principally will be invested in Findings dealer.8 cash or money market instruments,11 and to the extent permitted by After careful review, the Commission A. Principal Investments of the Fund applicable law and the Fund’s finds that the Exchange’s proposal to list The Exchange states that the Fund’s investment restrictions, the Fund may and trade the Shares is consistent with investment objective is to seek current invest in shares of money-market the Exchange Act and the rules and income and capital appreciation. The mutual funds. regulations thereunder applicable to a national securities exchange.12 In Fund will seek to achieve its investment The Fund may also determine to lend particular, the Commission finds that objective by primarily investing in U.S. out portfolio securities that the Sub- the proposed rule change is consistent exchange-traded equity securities Adviser believes to be strong candidates with Section 6(b)(5) of the Exchange (referred to herein as ‘‘Equities’’ 9) that for a short squeeze to short sellers and Act,13 which requires, among other the Sub-Adviser believes have a higher other market participants for a premium things, that the Exchange’s rules be potential for capital appreciation as a recognized as income. designed to promote just and equitable B. Other Investments principles of trade, to remove the Adviser, the Sub-Adviser and each such party’s impediments to and perfect the related personnel are subject to the provisions of The Exchange states that the Fund Rule 204A–1 under the Advisers Act relating to may invest in any type of ETF that is mechanism of a free and open market codes of ethics. This Rule requires investment U.S. exchange-traded, including index and a national market system, and, in advisers to adopt a code of ethics that reflects the based ETFs, sector based ETFs, and general, to protect investors and the fiduciary nature of the relationship to clients as public interest. well as compliance with applicable federal fixed-income ETFs. The Fund also may securities laws as defined in Rule 204A–1(e)(4). invest in closed-end investment The Commission finds that the Accordingly, procedures designed to prevent the companies that are U.S. exchange- proposal to list and trade the Shares on communication and misuse of nonpublic traded. the Exchange is consistent with Section information by an investment adviser must be 11A(a)(1)(C)(iii) of the Exchange Act,14 consistent with Rule 204A–1 under the Advisers C. Investment Restrictions Act. In addition, Rule 206(4)–7 under the Advisers which sets forth Congress’ finding that Act makes it unlawful for an investment adviser to The Fund will not be limited with it is in the public interest and provide investment advice to clients unless such respect to its investments in any sector appropriate for the protection of investment adviser has (i) adopted and or industry, but the Fund will limit investors and the maintenance of fair implemented written policies and procedures and orderly markets to assure the reasonably designed to prevent violation, by the investments in a single issuer to no investment adviser and its supervised persons, of more than five percent of the total assets availability to brokers, dealers, and the Advisers Act and the Commission rules adopted of the Fund and to no more than five investors of information with respect to thereunder; (ii) implemented, at a minimum, an percent of the security’s public float. In quotations for and transactions in annual review regarding the adequacy of the securities. Quotation and last sale policies and procedures established pursuant to addition, the Fund will limit its Equities subparagraph (i) above and the effectiveness of their investments to companies with a market information for the Shares and for the implementation; and (iii) designated an individual capitalization of $250 million or more. Equities and any other exchange-traded (who is a supervised person) responsible for The Fund will be prevented from securities held by the Fund will be administering the policies and procedures adopted purchasing more than 3% of an ETF’s available via UTP Level 1, as well as under subparagraph (i) above. Nasdaq proprietary quote and trade 8 See Notice, supra note 3, 80 FR at 66595. In the outstanding shares, unless: (i) The ETF event (a) the Adviser or the Sub-Adviser becomes services. Intra-day, executable price newly affiliated with a broker-dealer or registers as 10 The Exchange describes a ‘‘short squeeze’’ as quotations of the Equities, any other a broker-dealer, or (b) any new adviser or new sub- occurring when investors who have sold short exchange-traded securities, and money adviser is a registered broker-dealer or is or shares of an equity security seek to rapidly cover market instruments and money-market becomes affiliated with a broker-dealer, it will or buy back the short position due to actual or implement a fire wall with respect to its relevant perceived appreciation in the security, which may mutual funds held by the Fund are personnel and/or such broker-dealer affiliate, as occur because of positive news or events related to available from major broker-dealer firms applicable, regarding access to information the company, its market sector or the market or on the exchanges on which they are concerning the composition and/or changes to the generally. The Exchange states that often, the traded, if applicable. The foregoing Fund portfolio and will be subject to procedures additional buying momentum created by short designed to prevent the use and dissemination of sellers covering their short positions escalates the material nonpublic information regarding such increase in the price of the shares. 12 In approving this proposed rule change, the portfolio. 11 The following is a list of the money market Commission has considered the proposed rule’s 9 The term ‘‘Equities’’ includes American instruments in which the Fund may invest: short- impact on efficiency, competition and capital Depository Receipts, but does not include shares of term (less than one-year) notes issued by (i) the U.S. formation. See 15 U.S.C. 78c(f). ETFs or closed-end investment companies that are government, (ii) an agency of the U.S. government, 13 15 U.S.C. 78f(b)(5). U.S. exchange-traded. or (iii) a U.S. corporation. 14 15 U.S.C. 78k–1(a)(1)(C)(iii).

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intra-day price information is available based upon the current value for the Shares will be subject to the existing through subscription services, such as components of the Disclosed Portfolio trading surveillances, administered by Bloomberg and Thomson Reuters, and will be updated and widely both Nasdaq and also the Financial which can be accessed by authorized disseminated and broadly displayed at Industry Regulatory Authority participants and other investors. least every 15 seconds during the (‘‘FINRA’’) on behalf of the Exchange, Information regarding market price and Regular Market Session. In addition, which are designed to detect violations volume of the Shares is and will be during hours when the local markets for of Exchange rules and applicable federal continually available on a real-time foreign securities in the Fund’s portfolio securities laws.20 On behalf of the basis throughout the day on brokers’ are closed, the Intraday Indicative Value Exchange, FINRA will communicate as computer screens and other electronic will be updated at least every 15 needed regarding trading in the Shares, services. The previous day’s closing seconds during the Regular Market Equities, or other exchange-traded price and trading volume information Session to reflect currency exchange securities with other markets and other for the Shares will be published daily in fluctuations. entities that are Intermarket BNY, through the National Securities the financial section of newspapers. The Surveillance Group (‘‘ISG’’) members, Clearing Corporation, will make previous day’s closing price and trading and FINRA, on behalf of the Exchange, available on each business day, volume information for the Equities and may obtain trading information any other exchange-traded securities immediately prior to the opening of regarding trading in the Shares, held by the Fund will be published business on the Exchange’s Regular Equities, or other exchange-traded daily in the financial section of Market Session (currently 9:30 a.m. securities from such markets and other newspapers. Eastern time), the list of the names and The Commission also believes that the the required number of shares of each entities. In addition, the Exchange may proposal to list and trade the Shares is Deposit Security to be included in the obtain information regarding trading in reasonably designed to promote fair current Fund Deposit (based on the Shares, Equities, or other exchange- disclosure of information that may be information at the end of the previous traded securities from markets and other necessary to price the Shares business day) for the Fund. The NAV of entities that are members of ISG or with appropriately and to prevent trading the Fund will be calculated by BNY and which the Exchange has in place a when a reasonable degree of determined at the close of regular comprehensive surveillance sharing transparency cannot be assured. On trading on the New York Stock agreement.21 FINRA, on behalf of the each business day, before Exchange (ordinarily 4:00 p.m. Eastern Exchange, is able to access, as needed, commencement of trading in Shares in time) on each day that such exchange is trade information for certain money the Regular Market Session 15 on the open. The Web site for the Fund will market instruments held by the Fund Exchange, the Fund will disclose on its include a form of the prospectus for the reported to FINRA’s Trade Reporting Web site the Disclosed Portfolio that Fund and additional data relating to and Compliance Engine. will form the basis for the Fund’s NAV and other applicable quantitative The Exchange represents that it deems calculation of NAV at the end of the information. the Shares to be equity securities, thus 16 The Exchange represents that trading business day. rendering trading in the Shares subject The Exchange will obtain a in Shares will be halted if the circuit to Nasdaq’s existing rules governing the representation from the issuer of the breaker parameters in Nasdaq Rule trading of equity securities.22 In support Shares that the NAV per Share will be 4120(a)(11) have been reached or calculated daily and that the NAV and because of market conditions or for of this proposal, the Exchange has also the Disclosed Portfolio will be made reasons that, in the view of the made the following representations: available to all market participants at Exchange, make trading in the Shares (1) The Shares will be subject to Rule the same time. Moreover, the Intraday inadvisable, and trading in the Shares 5735, which sets forth the initial and Indicative Value, available on the will be subject to Nasdaq Rule continued listing criteria applicable to NASDAQ OMX Information LLC 5735(d)(2)(D), which sets forth Managed Fund Shares.23 17 proprietary index data service, will be circumstances under which Shares of (2) The Exchange has appropriate the Fund may be halted. The Exchange rules to facilitate transactions in the 15 See Nasdaq Rule 4120(b)(4) (describing the states that it has a general policy Shares during all trading sessions.24 three trading sessions on the Exchange: (1) Pre- prohibiting the distribution of material, Market Session from 7 a.m. to 9:30 a.m. Eastern (3) Trading in the Shares will be time; (2) Regular Market Session from 9:30 a.m. to nonpublic information by its 4 p.m. or 4:15 p.m. Eastern time; and (3) Post- employees.18 The Exchange represents subject to the existing trading Market Session from 4 p.m. or 4:15 p.m. to 8 p.m. that the Adviser is affiliated with a surveillances, administered by both Eastern time). broker-dealer and has implemented a Nasdaq and also the FINRA on behalf of 16 Under accounting procedures to be followed by the Exchange, which are designed to the Fund, trades made on the prior business day ‘‘fire wall’’ with respect to such broker- (‘‘T’’) will be booked and reflected in NAV on the dealer regarding access to information detect violations of Exchange rules and current business day (‘‘T+1’’). Notwithstanding the concerning the composition and/or applicable federal securities laws, and foregoing, portfolio trades that are executed prior to changes to the Fund’s portfolio. The these procedures are adequate to the opening of the Exchange on any business day properly monitor Exchange trading of may be booked and reflected in NAV on such Exchange has represented that the Sub- business day. Accordingly, the Fund will be able to Adviser is not a broker-dealer and is not the Shares in all trading sessions and to disclose at the beginning of the business day the affiliated with a broker-dealer.19 deter and detect violations of Exchange portfolio that will form the basis for the NAV Prior to the commencement of calculation at the end of the business day. trading, the Exchange will inform its 20 FINRA surveils trading on the Exchange 17 Currently, the NASDAQ OMX Global Index pursuant to a regulatory services agreement. The Data Service (‘‘GIDS’’) is the NASDAQ OMX global members in an Information Circular of Exchange is responsible for FINRA’s performance index data feed service, offering real-time updates, the special characteristics and risks under this regulatory services agreement. daily summary messages, and access to widely associated with trading the Shares. The 21 For a list of the current members of ISG, see followed indexes and Intraday Indicative Values for Exchange states that trading in the ETFs. GIDS provides investment professionals with www.isgportal.org. the daily information needed to track or trade 22 See Notice, supra note 3, 80 FR at 66598. NASDAQ OMX indexes, listed ETFs, or third-party 18 See Notice, supra note 3, 80 FR at 66598. 23 See id. at 66594. partner indexes and ETFs. 19 See note 8, supra, and accompanying text. 24 See id. at 66598.

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rules and applicable federal securities rule change is consistent with Section California Municipal Value Fund, Inc., laws.25 6(b)(5) of the Act 33 and the rules and Nuveen California Select Tax-Free (4) Prior to the commencement of regulations thereunder applicable to a Income Portfolio, Nuveen Connecticut trading, the Exchange will inform its national securities exchange. Premium Income Municipal Fund, members in an Information Circular of Nuveen Core Equity Alpha Fund, IV. Conclusion the special characteristics and risks Nuveen Credit Strategies Income Fund, associated with trading the Shares. It is therefore ordered, pursuant to Nuveen Diversified Dividend and Specifically, the Information Circular Section 19(b)(2) of the Exchange Act, Income Fund, Nuveen Dividend will discuss the following: (a) The that the proposed rule change (SR– Advantage Municipal Fund, Nuveen procedures for purchases and NASDAQ–2015–124) be, and it hereby Dividend Advantage Municipal Fund 2, redemptions of Shares in Creation Units is, approved. Nuveen Dividend Advantage Municipal (and that Shares are not individually For the Commission, by the Division of Fund 3, Nuveen Dividend Advantage redeemable); (b) Nasdaq Rule 2111A, Trading and Markets, pursuant to delegated Municipal Income Fund, Nuveen Dow which imposes suitability obligations on authority.34 30SM Dynamic Overwrite Fund, Nuveen Nasdaq members with respect to Robert W. Errett, Energy MLP Total Return Fund, Nuveen recommending transactions in the Deputy Secretary. Enhanced Municipal Value Fund, Shares to customers; (c) how and by Nuveen Flexible Investment Income whom information regarding the [FR Doc. 2015–30835 Filed 12–7–15; 8:45 am] BILLING CODE 8011–01–P Fund, Nuveen Floating Rate Income Intraday Indicative Value and the Fund, Nuveen Floating Rate Income Disclosed Portfolio is disseminated; (d) Opportunity Fund, Nuveen Georgia the risks involved in trading the Shares SECURITIES AND EXCHANGE Dividend Advantage Municipal Fund 2, during the Pre-Market and Post-Market COMMISSION Nuveen Global High Income Fund, Sessions when an updated Intraday Nuveen Global Equity Income Fund, Indicative Value will not be calculated [Investment Company Act Release No. 31924; File No. 812–14258] Nuveen High Income 2020 Target Term or publicly disseminated; (e) the Fund, Nuveen High Income December requirement that members deliver a Nuveen Fund Advisors, LLC, et al.; 2018 Target Term Fund, Nuveen High prospectus to investors purchasing Notice of Application Income December 2020 Target Term newly issued Shares prior to or Fund, Nuveen High Income December concurrently with the confirmation of a December 2, 2015. 2022 Target Term Fund, Nuveen transaction; and (f) trading AGENCY: Securities and Exchange 26 Intermediate Duration Municipal Term information. Commission (‘‘Commission’’). Fund, Nuveen Intermediate Duration (5) For initial and/or continued ACTION: Notice of an application for an Quality Municipal Term Fund, Nuveen listing, the Fund must be in compliance order pursuant to sections 6(c) and 17(b) Investment Funds, Inc., Nuveen with Rule 10A–3under the Act.27 (6) The Fund will limit its Equities of the Investment Company Act of 1940 Investment Quality Municipal Fund, investments to companies with a market (the ‘‘Act’’) for an exemption from Inc., Nuveen Investment Trust, Nuveen capitalization of $250 million or more.28 section 17(a) of the Act permitting Investment Trust II, Nuveen Investment (7) All Equities and any shares of certain transactions. Trust III, Nuveen Investment Trust V, ETFs or closed-end investment Nuveen Managed Accounts Portfolios companies held by the Fund will be SUMMARY OF THE APPLICATION: Trust, Nuveen Maryland Premium listed on a U.S. exchange that is a Applicants request an order (the Income Municipal Fund, Nuveen member of the ISG or a party to a ‘‘Order’’) that would permit certain Massachusetts Premium Income comprehensive surveillance sharing registered management investment Municipal Fund, Nuveen Michigan agreement with the Exchange.29 companies to engage in certain primary Quality Income Municipal Fund, (8) The Fund will not invest in and secondary market transactions in Nuveen Minnesota Municipal Income leveraged ETFs.30 fixed income instruments on a principal Fund, Nuveen Missouri Premium (9) The Fund will not invest in futures basis (the ‘‘Transactions’’) with a USB Income Municipal Fund, Nuveen contracts, will not invest in options, Trading Entity (defined below). Mortgage Opportunity Term Fund 2, will not invest in swaps, and will not APPLICANTS: Nuveen Fund Advisors, Nuveen Mortgage Opportunity Term invest in other derivative instruments.31 LLC (the ‘‘Adviser’’), Nuveen Fund, Nuveen Multi-Market Income (10) A minimum of 100,000 Shares Investments, Inc. (‘‘Nuveen’’), Nuveen Fund, Nuveen Multistate Trust I, will be outstanding at the All Cap Energy MLP Opportunities Nuveen Multistate Trust II, Nuveen commencement of trading on the Fund, Nuveen AMT-Free Municipal Multistate Trust III, Nuveen Multistate Exchange.32 Income Fund, Nuveen AMT-Free Trust IV, Nuveen Municipal Advantage This approval order is based on all of Municipal Value Fund, Nuveen Arizona Fund, Inc., Nuveen Municipal High the Exchange’s representations, Premium Income Municipal Fund, Income Opportunity Fund, Nuveen including those set forth above and in Nuveen Build America Bond Fund, Municipal Income Fund, Inc., Nuveen the Notice. Nuveen Build America Bond Municipal Market Opportunity Fund, For the foregoing reasons, the Opportunity Fund, Nuveen California Inc., Nuveen Municipal Opportunity Commission finds that the proposed AMT-Free Municipal Income Fund, Fund, Inc., Nuveen Municipal Trust, Nuveen California Dividend Advantage Nuveen Municipal Value Fund, Inc., 25 See id. Municipal Fund, Nuveen California Nuveen Nasdaq 100 Dynamic Overwrite 26 See id. at 66598–66599. Dividend Advantage Municipal Fund 2, Fund, Nuveen New Jersey Dividend 27 See 17 CFR 240.10A–3. See also Notice, supra Advantage Municipal Fund, Nuveen note 3, 80 FR at 66598. Nuveen California Dividend Advantage 28 See id. at 66595. Municipal Fund 3, Nuveen California New Jersey Municipal Value Fund, 29 See id. at 66598. Municipal Value Fund 2, Nuveen Nuveen New York AMT-Free Municipal 30 See id. at 66595. Income Fund, Nuveen New York 31 See id. at 66596. 33 15 U.S.C. 78f(b)(5). Dividend Advantage Municipal Fund, 32 See id. at 66598. 34 17 CFR 200.30–3(a)(12). Nuveen New York Municipal Value

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Fund 2, Nuveen New York Municipal Act, hearing requests should state the 3. USBNA is a national banking Value Fund, Inc., Nuveen New York nature of the writer’s interest, any facts association and a wholly owned Select Tax-Free Income Portfolio, bearing upon the desirability of a subsidiary of USB. USBNA Dealer Nuveen North Carolina Premium hearing on the matter, the reason for the Division, an internal division of Income Municipal Fund, Nuveen Ohio request, and the issues contested. USBNA, engages in bank permitted Quality Income Municipal Fund, Persons who wish to be notified of a dealer activities and is exempt from Nuveen Pennsylvania Investment hearing may request notification by registering as a broker-dealer pursuant Quality Municipal Fund, Nuveen writing to the Commission’s Secretary. to the Securities Exchange Act of 1934 Pennsylvania Municipal Value Fund, ADDRESSES: Secretary, U.S. Securities (‘‘1934 Act’’). USBI, a Delaware Nuveen Performance Plus Municipal and Exchange Commission, 100 F Street corporation, is also a wholly owned Fund, Inc., Nuveen Preferred and NE., Washington, DC 20549–1090; subsidiary of USB that is registered as Income Term Fund, Nuveen Preferred Applicants, c/o Richard T. Prins, Esq. a broker-dealer with the Commission Income Opportunities Fund, Nuveen Skadden, Arps, Slate, Meagher & Flom under the 1934 Act. Each of USBI, Premier Municipal Income Fund, Inc., LLP, Four Times Square, New York, NY USBNA, USBNA Dealer Division, as Nuveen Premium Income Municipal 10036. well as other affiliates of USB that are Fund 2, Inc., Nuveen Premium Income controlled (within the meaning of FOR FURTHER INFORMATION CONTACT: section 2(a)(9) of the Act) by USB and Municipal Fund 4, Inc., Nuveen Laura L. Solomon, Senior Counsel, at Premium Income Municipal Fund, Inc., are registered as broker-dealers or (202) 551–6915, or Daniele Marchesani, exempt from registration as such (each, Nuveen Quality Income Municipal Branch Chief, at (202) 551–6821 (Chief Fund, Inc., Nuveen Quality Municipal a ‘‘USB Trading Entity,’’ and, Counsel’s Office, Division of Investment collectively, the ‘‘USB Trading 2018 Term Fund, Nuveen Quality Management). Municipal Fund, Inc., Nuveen Quality Entities’’), may seek to engage in Preferred Income Fund, Nuveen Quality SUPPLEMENTARY INFORMATION: The Transactions with the Funds.2 Preferred Income Fund 2, Nuveen following is a summary of the 4. On December 31, 2010, Nuveen Quality Preferred Income Fund 3, application. The complete application completed its acquisition of a portion of Nuveen Real Asset Income and Growth may be obtained via the Commission’s the asset management business of FAF Fund, Nuveen Real Estate Income Fund, Web site by searching for the file Advisors, Inc. (‘‘FAF Advisors’’), a Nuveen S&P 500 Buy-Write Income number, or an applicant using the wholly owned subsidiary of USBNA Fund, Nuveen S&P 500 Dynamic Company name box, at http:// (the ‘‘FAF Acquisition’’). The open-end Overwrite Fund, Nuveen Select www.sec.gov/search/search.htm or by funds previously advised by FAF Maturities Municipal Fund, Nuveen calling (202) 551–8090. Advisors entered into investment advisory agreements with the Adviser. Select Quality Municipal Fund, Inc., Applicants’ Representations Nuveen Select Tax-Free Income The Adviser continued to serve as 1. Each Fund is an open-end or Portfolio, Nuveen Select Tax-Free investment adviser to the open-end closed-end management investment Income Portfolio 2, Nuveen Select Tax- funds and closed-end funds that it company registered under the Act and Free Income Portfolio 3, Nuveen Senior advised prior to the FAF Acquisition. is organized as a business trust or 5. Certain fiduciary account Income Fund, Nuveen Short Duration corporation under the laws of investments maintained by USB Credit Opportunities Fund, Nuveen Massachusetts, Maryland or Minnesota, Fiduciary in certain of the Funds remain Strategy Funds, Inc., Nuveen Tax- or is a series thereof. The Funds have a after the FAF acquisition. USB Advantaged Dividend Growth Fund, variety of investment objectives, but Fiduciary has discretionary authority Nuveen Tax-Advantaged Total Return each may invest a portion of its assets over, but no pecuniary interest in, such Strategy Fund, Nuveen Texas Quality in fixed-income instruments. ‘‘Fixed- investments. Because of these Income Municipal Fund, Nuveen income instruments’’ for purposes of the investments, there may be affiliations Virginia Premium Income Municipal Order means fixed-income securities between the USB Trading Entities and Fund, Diversified Real Asset Income and interests in syndicated loans, the Funds. Fund (each a ‘‘Fund’’, collectively, the convertible bonds and convertible 6. Applicants state that, because of ‘‘Funds’’), U.S. Bancorp (‘‘USB’’), U.S. preferred stock, as well as money consolidation in the financial services Bank National Association (‘‘USBNA’’) market instruments, such as treasury industry, a few major broker-dealers and U.S. Bancorp Investments, Inc. instruments, commercial paper and account for a large percentage of the (‘‘USBI’’). certificates of deposit. market share in trading in fixed income FILING DATES: The application was filed 2. The Adviser, a Delaware limited instruments. Applicants state that the on December 27, 2013, and amended on liability company, is a direct wholly decline in the number of broker-dealers July 1, 2014, December 8, 2014, May 22, owned subsidiary of Nuveen, a and banks trading in the fixed-income 2015, and October 22, 2015. Delaware corporation. The Adviser is instruments in which the Funds seek to HEARING OR NOTIFICATION OF HEARING: registered as an investment adviser invest and the increasing significance of An order granting the application will under the Investment Advisers Act of the few remaining institutions be issued unless the Commission orders 1940 (the ‘‘Advisers Act’’). The Adviser demonstrate the importance to the a hearing. Interested persons may acts as investment adviser to the Funds Funds of their relationships with such request a hearing by writing to the and has oversight over one or more sub- entities, including the USB Trading Commission’s Secretary and serving advisers engaged by the Funds.1 applicants with a copy of the request, 2 No director, officer or employee of the Funds or personally or by mail. Hearing requests the Adviser is or will be a director, officer or 1 Each Fund has (or may, in the future, have) one employee of a USB Trading Entity. The board of should be received by the Commission or more affiliated or unaffiliated sub-advisers that directors or board of trustees or other governing by 5:30 p.m. on December 28, 2015, and provide sub-advisory services (each, a ‘‘Sub- body, as applicable (‘‘Board’’) of each Fund should be accompanied by proof of Adviser,’’ collectively, the ‘‘Sub-Advisers’’). currently has eleven members, of which nine service on applicants, in the form of an Applicants request the Order cover any such Sub- members are currently not interested persons of the Advisers, provided that any Sub-Adviser that relies Fund and the chair of the Board of each Fund is affidavit or, for lawyers, a certificate of on the Order complies with the conditions of the currently not an interested person, as defined in service. Pursuant to Rule 0–5 under the Order as though it were an Adviser. section 2(a)(19) of the Act, of the Fund.

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Entities. For example, Applicants into in the ordinary course of business securities as described in (ii), through further state that in the first half of 2015, by a Fund with USB Trading Entities, fiduciary account investments.6 the USB Trading Entities were ranked under the terms and conditions set forth 11. The requested relief would not 15th as a domestic book running lead in the application. extend to primary market Transactions manager of U.S. investment grade 9. The requested relief would include in fixed-income instruments, other than corporate bonds by volume, and ranked (i) the Funds and any investment repurchase agreements and variable rate 6th as a lead and co-manager by number company registered under the Act or demand notes, of which USB or any of transactions. Applicants represent series thereof, whether now existing or entity controlled by USB, including any that the USB Trading Entities’ organized in the future, that is advised USB Trading Entity, is the primary underwriting market share was 37% by the Adviser or by any existing or obligor. calculated as a percentage of the total future entity that is controlling, 12. Neither USB nor any USB number of U.S. investment grade controlled by or under common control Affiliates control or will control (within corporate bond transactions in the with the Adviser or Nuveen and the meaning of section 2(a)(9) of the marketplace. On the municipal registered as an investment adviser Act), directly or indirectly, Nuveen or securities side of the business, the USB under the Advisers Act; (ii) the Adviser; the Adviser or any other non-Fund Trading Entities were ranked 66th in and (iii) the USB Trading Entities; 4 entity under the control of Nuveen fixed rate lead managed business, and provided that any entity that relies on (together, the ‘‘Nuveen Affiliates’’), and 9th in variable rate demand note the Order complies with the terms and neither USB nor any USB Affiliates will underwriting in 2014. Applicants conditions of the Order as though it exercise, or attempt to exercise, control further represent that as a variable rate were an applicant. over any Fund. Applicants state that demand note underwriter the USB 10. The Order would be available only only the fiduciary account investments Trading Entities achieved a 3% market in circumstances in which the USB in the Owned Funds raise the affiliation share in 2014. Applicants state the USB Trading Entity might be deemed to be (i) issues addressed by the requested relief. Trading Entities ranked 5th in the an affiliated person (‘‘first-tier Additionally, Nuveen has no beneficial Overall Bookrunner League Tables by affiliate’’), or an affiliated person of a interest in, and will not control (within number of deals with a 3% market first-tier affiliate (a ‘‘second-tier the meaning of section 2(a)(9) of the share, 3rd in the Domestic League affiliate’’) of a Fund solely by reason of Act) directly or indirectly, USB, the Tables and 5th in the Global League a USB Fiduciary,5 being deemed to own, USB Trading Entities or any other USB Tables for private placements in 2014. control or hold with power to vote Affiliate. Applicants assert that these statistics through non-proprietary, trust or other 13. Applicants state that the USB demonstrate the growth in demand for fiduciary account investments five Affiliates will not have any involvement its services and USB expects continued percent or more of the Fund’s total in the Advisers’ investment decisions or growth on an ongoing basis in capital outstanding voting securities (each, a decisions to engage in Transactions markets transaction volumes for the ‘‘5% Fund’’); (ii) a first-tier affiliate of a pursuant to the Order, and will not USB Trading Entities. Fund solely by reason of USB Fiduciary attempt to influence or control in any 7. Applicants assert that prohibiting being deemed to beneficially own way the placing by the Adviser of the Funds from engaging in the through the fiduciary account orders, other than in the normal course Transactions with the USB Trading investments more than twenty-five of sales activities of the same nature that Entities would become increasingly percent of the Fund’s total outstanding are being carried out during the same detrimental to the ongoing interests of voting securities or, by virtue of such time period with respect to unaffiliated Fund shareholders by limiting the fiduciary account investments, to institutional clients of the USB Trading Funds’ access to important trading control the Fund (each, a ‘‘25% Fund,’’ Entity, or that existed between the USB counterparties that have growing market together with the 5% Funds, the Trading Entity and FAF Advisors, if share in many of the types of ‘‘Owned Funds’’); and/or (iii) a second- any, prior to the consummation of the instruments that the Funds purchase. tier affiliate of any Fund other than an FAF Acquisition. Applicants submit that prohibiting the Owned Fund (each, an ‘‘Other Fund’’) 14. Applicants assert that there is Funds from engaging in Transactions solely by reason of USB Fiduciary being substantial internal separation and with the USB Trading Entities considered to own, control or hold with independent operation of the division of unnecessarily reduces the opportunities power to vote a 5% Fund’s securities as USBNA that maintains fiduciary available to the Funds to obtain described in (i) or being deemed to accounts (‘‘USBNA Fiduciary Division’’) competitive pricing and execution and beneficially own a 25% Fund’s and USBNA Dealer Division. USBNA to access the markets for particular Fiduciary Division is subject to strict 4 All existing entities that currently intend to rely fiduciary laws and regulations that fixed-income instruments that are on the requested relief are either named as available from only a few dealers. applicants or listed in Schedule A to the require USBNA Fiduciary Division to Applicants assert that precluding a application. Any other entity that relies on the act solely in the interests of the Fund from trading with a USB Trading Order now or in the future will comply with the principals or beneficiaries of the Entity may harm the Fund by, among terms and conditions set forth in the application. accounts. Applicants represent that 5 USB Fiduciary includes USBNA, its trust bank other things, preventing it from subsidiaries, U.S. Bank Trust National Association obtaining the best pricing, terms and and U.S. Bank Trust National Association SD, and 6 Applicants note that there may be some quality of services otherwise available any successors. The term ‘‘successor’’ is limited to instances in which USB or an entity, including a the entity that results from a reorganization into division thereof, controlled by USB (each, a ‘‘USB in the market. another jurisdiction, a change in the type of Affiliate,’’ collectively, the ‘‘USB Affiliates’’) might 8. Applicants, therefore, request the business organization or a combination, be deemed to own, control or hold with power to Order, pursuant to sections 6(c) and consolidation or reorganization of any of the vote less than five percent of the outstanding voting 17(b) of the Act exempting from section entities referred to in the previous sentence, securities of a Fund otherwise than through 3 including any such combination, consolidation or fiduciary account investments (a ‘‘<5% holding’’). 17(a) of the Act Transactions entered reorganization effected through the use of a ‘‘shell’’ References to potential affiliations arising ‘‘solely entity controlled by any of the foregoing entities, by reason of’’ fiduciary account investments above 3 Applicants are not seeking relief from the provided that such combination, consolidation or certain levels may include situations where provisions of sections 10(f), 17(d) or 17(e) of the Act reorganization does not result in a change of direct fiduciary account investments exceed such levels or rules 17d–1 or 17e–1 thereunder. or indirect control of such entities. only when added to a <5% holding.

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there is not, and will not be, any express influence over the management or the context of the requested Order or implied understanding between a policies of a company, unless such because USB and USB Trading Entities USB Trading Entity and Nuveen or the power is solely the result of an official are not able to cause a Fund to enter Adviser that the Adviser will cause a position with such company.’’ Section into a Transaction or otherwise Fund to enter into Transactions or give 2(a)(9) also provides that any person influence portfolio decisions by the preference to the USB Trading Entity in who owns beneficially, either directly or Adviser on behalf of the Funds. effecting such Transactions between the through one or more controlled Applicants state that, as a result, no Fund and the USB Trading Entity. companies, more than 25% of the voting USB Trading Entity is in a position to 15. USB Fiduciary undertakes to not securities of a company shall be cause a Fund to enter into Transactions to exercise any voting power with presumed to control such company, and that are not in the best interests of the respect to shares that constitute five that any person who does not so own Fund and its shareholders. Applicants percent or more of a Fund’s total more than 25% of the voting securities also state that there will be no conflict outstanding voting securities, including of any company shall be presumed not of interest associated with the Adviser’s in connection with the election of to control such company. decision to engage in a Transaction with directors/trustees (the ‘‘Non-Voting 5. Applicants state that a USB Trading a USB Trading Entity on behalf of a Undertaking’’). Entity could be deemed to be a first-tier Fund. Applicants further submit that affiliate or a second-tier affiliate of a 5% Applicants’ Legal Analysis the conditions to the requested Order Fund insofar as fiduciary account provide further protections against any 1. Section 17(a) of the Act, in relevant investments of five percent or more of possibility of self-dealing or part, prohibits an affiliated person of a an Owned Fund’s outstanding voting overreaching by the USB Trading registered investment company, or any securities could cause USB Fiduciary to Entities. Therefore, Applicants submit affiliated person of such person, acting be viewed as owning, controlling or that the Order satisfies the statutory as principal, from selling to or holding with power to vote ‘‘voting standards for relief. purchasing from such company any securities.’’ Were a USB Fiduciary security or other property and from deemed to be a first-tier affiliate of a 5% Applicants’ Conditions borrowing money or other property from Fund, the USB Trading Entities (except Applicants agree that the Order such company. Section 17(b) of the Act for USBNA Dealer Division) would then granting the requested relief will be authorizes the Commission to exempt a be deemed to be second-tier affiliates of subject to the following conditions: transaction from section 17(a) of the Act the 5% Fund. USBNA Dealer Division, A. Structural if evidence establishes that the terms of on the other hand, could be deemed to the proposed transaction, including the be a first-tier affiliate of the 5% Fund. (1) Neither USB nor any USB consideration to be paid or received, are Additionally, a USB Trading Entity Affiliates will control any Adviser or reasonable and fair and do not involve could be deemed a first-tier affiliate of any principal underwriters or promoters overreaching on the part of any person a 25% Fund and a second-tier affiliate for the Funds, directly or indirectly, concerned and the proposed transaction of the Other Funds.7 Applicants submit within the meaning of section 2(a)(9) of is consistent with the policy of each that, due to the fiduciary account the Act, and neither USB nor any USB registered investment company investments, any Transaction involving Affiliates will exercise, or attempt to concerned and with the general a Fund and a USB Trading Entity that exercise, control over any Fund. The purposes of the Act. is a first-tier affiliate or a second-tier Order will remain in effect only so long 2. Section 6(c) of the Act, in relevant affiliate thereof, would be subject to the as Nuveen, or another entity not part, authorizes the Commission to prohibition of section 17(a) of the Act. controlling, controlled by or under exempt any person or transaction, or 6. Applicants submit that the primary common control with USB, primarily any class or classes of persons or purpose of section 17(a) is to prevent a controls the Adviser. In this regard, transactions, from any provision or person with the power to control or pursuant to the Non-Voting provisions of the Act, if and to the influence a registered investment Undertaking, USB Fiduciary will not extent that such exemption is necessary company from engaging in self-dealing exercise any voting authority that it or appropriate in the public interest and or overreaching, to the detriment of the possesses with respect to shares that consistent with the protection of investment company’s shareholders. constitute five percent or more of any investors and the purposes fairly Applicants submit that the policies Fund’s total outstanding voting intended by the policy and provisions of which section 17(a) of the Act was securities. Instead, it will delegate to an the Act. meant to further are not implicated in independent third party that is not 3. Section 2(a)(3) of the Act, in affiliated with either USB or any USB relevant part, defines ‘‘affiliated person’’ 7 As discussed in the application, this conclusion Affiliate the voting of such shares. of another person to include: (a) Any could be reached if, on account of the fiduciary (2) Neither USB nor any USB account investments, USB Fiduciary ‘‘beneficially Affiliates will directly or indirectly person directly or indirectly owning, owned’’ greater than twenty-five percent of the 25% controlling, or holding with power to Fund’s total outstanding voting securities. The consult with Nuveen or any Nuveen vote, 5% or more of the outstanding Owned Fund could then be presumed to be under Affiliate, including the Adviser, or any voting securities of such other person; the control of USB Fiduciary, and thus of USB. As portfolio manager of the Adviser wholly owned subsidiaries of USB, the USB concerning purchase or sale (b) any person 5% or more of whose Trading Entities may also be presumed to be under outstanding voting securities are the control of USB. Accordingly, the 25% Fund and Transactions, or the selection of a broker directly or indirectly owned by, the USB Trading Entities could be presumed to be or dealer for any Transactions placed or controlled, or held with power to vote, under the common control of USB and thus first- to be placed on behalf of a Fund, or tier affiliates of each other. If the 25% Fund and the by such person; and (c) any person Other Funds are deemed to be under the control of otherwise seek to influence the choice directly or indirectly controlling, their Adviser(s), then the 25% Fund and the Other of broker or dealer for any Transaction controlled by, or under common control Funds could be deemed to be first-tier affiliates of by a Fund, other than in the normal with, such other person. each other by virtue of being under common course of sales activities of the same control. Therefore, if the USB Trading Entities are 4. Section 2(a)(9) of the Act, in deemed to be first-tier affiliates of the 25% Fund, nature that are being carried out during relevant part, defines ‘‘control’’ as ‘‘the they could be deemed to be second-tier affiliates of the same time period with respect to power to exercise a controlling the Other Funds. unaffiliated institutional clients of the

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USB Trading Entity, or that existed discussion of any significant changes in instruments (or in the case of between the USB Trading Entity and the the volume, type or terms of instruments for which quotations for the Adviser and the Nuveen Sub-Advisers, Transactions between the relevant same instruments are not available, a if any, prior to the consummation of the Funds and the USB Trading Entity, the competitive quotation for Comparable FAF Acquisition. reasons for these changes, and a Instruments)8 from at least two (3) No officer, director or employee of determination that such changes are unaffiliated market counterparties that an Owned Fund will directly or appropriate. In addition, annually and are in a position to quote favorable indirectly seek to influence in any way prior to entering into a Transaction with market prices, except that if, after the terms of any Transaction covered by a USB Trading Entity that no Fund has reasonable efforts by the Adviser, the Order, other than in the normal previously traded with, the Board will quotations are unavailable from two course of investment activities of the consider (i) whether the level of such market counterparties, only one same nature that are being carried out Transactions with USB Trading Entities other competitive quotation is required. during the same time period with is appropriate and (ii) whether For each such Transaction, the Adviser respect to unaffiliated broker-dealers, or continued reliance on the Order in any will determine, based upon the that existed between the USB Trading applicable category of fixed-income quotations and such other relevant Entity and the Adviser and the Nuveen instruments is appropriate in light of the information reasonably available to the Sub-Advisers, if any, prior to the need of the Funds to have the USB Adviser (such as available transaction consummation of the FAF Acquisition. Trading Entities available as trading prices and any other information (4) Each USB Trading Entity will counterparties, as evidenced by, among regarding the value of the instruments), adopt and implement policies that other things, the aggregate market share that the price available from the USB prohibit the USB Trading Entity from (a) of the USB Trading Entities in each such Trading Entity is at least as favorable as linking any approval or action relating category. that available from other sources. to an Owned Fund to any action by any (2) For each Transaction, the Adviser (a) Repurchase Agreements. With Fund or by the Adviser relating to any will adhere to a ‘‘best execution’’ respect to Transactions involving Fund, or (b) using the fiduciary account standard, will consider only the repurchase agreements, a Fund will investments in an Owned Fund as a interests of the Fund and will not take enter into such agreements only where basis for seeking to persuade any Fund into account the impact of the Fund’s the Adviser has determined, based upon or the Adviser to engage in business investment decision on the USB Trading information reasonably available to the with the USB Trading Entity. Entity. Before entering into any Adviser, that the income to be earned (5) The Adviser and the USB Trading Transaction, the Adviser will determine from the repurchase agreement is at Entities, with the assistance of their that the Transaction is consistent with least equal to that available from other respective legal/compliance the investment objective(s) and policies sources. Before any repurchase departments, will prepare guidelines for of the Fund and is in the best interests agreements are entered into pursuant to their respective personnel to make of the Fund and its shareholders. the Order, the Fund or the Adviser will certain that Transactions effected (3) Each Fund will (a) for so long as obtain competitive quotations from at pursuant to the Order comply with its the Order is relied upon, maintain and least two unaffiliated market terms and conditions, and that the preserve in an easily accessible place a counterparties with respect to Adviser and the USB Trading Entities written copy of the procedures and repurchase agreements comparable to maintain an arm’s-length relationship. conditions (and any modifications the type of repurchase agreement The respective legal/compliance thereto) that are described herein, and involved, except that if, after reasonable departments of the Adviser and the USB (b) maintain and preserve for a period efforts by the Adviser, quotations are Trading Entities will monitor of not less than six years from the end unavailable from two such market periodically the activities of the Adviser of the fiscal year in which any counterparties, only one other and the USB Trading Entities, Transaction in which the Adviser competitive quotation is required. respectively, to make certain that the knows that both a USB Trading Entity (b) Variable Rate Demand Notes. With terms and conditions of the Order are and a Fund directly or indirectly have respect to each Transaction involving met. an interest occurs, the first two years in variable rate demand notes for which an easily accessible place, a written B. Transactional dealer quotes are not ordinarily record of each such Transaction setting available, a Fund will only undertake With respect to each Transaction forth a description of the security purchases and sales where the Adviser entered into or effected pursuant to the purchased or sold by the Fund, a has determined, based on relevant Order on behalf of a Fund: description of the USB Trading Entity’s, information reasonably available to the (1) Each Fund’s Board, including a or affiliated person of the USB Trading Adviser that the income earned from the majority of its disinterested directors or Entity’s interest or role in the variable rate demand note is at least trustees, as applicable (‘‘Necessary Transaction, the terms of the equal to that of variable rate demand Majority’’), will approve, and the Fund Transaction, and the information or notes of comparable quality that are will implement, procedures governing materials upon which the determination available from other sources. all Transactions pursuant to the Order was made that such Transaction was (5) With respect to instruments and the Fund’s Board will no less made in accordance with the procedures offered in a primary market frequently than quarterly review all and conditions set forth in the underwritten, or other primary market, Transactions conducted pursuant to the application. Transaction, the Fund will undertake Order and receive and review a report (4) Except for Transactions involving such purchase from a USB Trading (the ‘‘Report’’), of those Transactions. repurchase agreements and variable rate The Report which will be prepared by demand notes, before any secondary 8 The term ‘‘Comparable Instruments’’ refers to the Adviser and reviewed and approved market principal Transaction in fixed- instruments with substantially identical maturities, by the Fund’s Chief Compliance Officer, income instruments is entered into credit risk and repayment terms (including floating or fixed-rate coupons, attached options, or any will indicate for each Transaction that between a Fund and a USB Trading other provisions that affect the expected size or the terms and conditions of the Order Entity, the Adviser will obtain a timing of the payments from the instruments) as the have been satisfied, and will include a competitive quotation for the same instruments to be purchased or sold.

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Entity only where the Adviser has ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 according to defined account categories. determined, based upon relevant notice is hereby given that on November Consistent with this requirement, information reasonably available to the 20, 2015, New York Stock Exchange Supplementary Material .40 requires Adviser that the instruments will be LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed members 4 effecting transactions on the purchased at a price that is not more with the Securities and Exchange Trading Floor as agent or otherwise to than the price paid by each other Commission (the ‘‘Commission’’) the supply these audit trail data elements to purchaser of the instruments from, as proposed rule change as described in their clearing member organization and relevant, the USB Trading Entity or Items I, II, and III below, which Items to promptly provide the reporter in the other members of an underwriting have been prepared by the self- Crowd (or other designated Exchange syndicate in that offering or in any regulatory organization. The representative) with the member’s concurrent offering of instruments, and Commission is publishing this notice to broker badge number or alpha symbol. on the same terms as such other solicit comments on the proposed rule The Exchange proposes to delete Rule purchasers (except in the case of an change from interested persons. 132.40 as obsolete. Rule 132.40 was offering conducted under the laws of a I. Self-Regulatory Organization’s adopted at a time when manual country other than the United States, for Statement of the Terms of Substance of transactions on the Trading Floor were any rights to purchase that are required the Proposed Rule Change recorded on paper order tickets. The by law to be granted to existing holders rule was designed to improve trade of the issuer). If no information The Exchange proposes to amend documentation and ensure that broker regarding concurrent purchasers of the Rule 132 to delete Supplementary badge information was captured instruments is reasonably available to Material .40 requiring members effecting correctly for Crowd trades (i.e., verbal the Adviser, the Fund may undertake transactions on the NYSE trading Floor executions between two Floor brokers or such purchase from a USB Trading (the ‘‘Trading Floor’’) to submit certain between a Floor broker and a specialist). Entity when the Adviser has data elements and badge information Currently, however, all information determined, based upon information and to make a conforming change. The regarding transactions at the Exchange, reasonably available to the Adviser, that proposed rule change is available on the including the audit trail data elements the yield on the instruments to be Exchange’s Web site at www.nyse.com, of Rule 132.30 and badge information purchased is at least equal to that at the principal office of the Exchange, for manual transactions, is captured and available on Comparable Instruments and at the Commission’s Public transmitted electronically by Exchange from other sources at that time. Reference Room. systems. Because these data elements no (6) The commission, fee, spread, or II. Self-Regulatory Organization’s longer need to be separately submitted other remuneration to be received by the Statement of the Purpose of, and by members, Rule 132.40 is obsolete and USB Trading Entities must be Statutory Basis for, the Proposed Rule therefore can be deleted. reasonable and fair compared to the Change The Exchange also proposes to amend commission, fee, spread, or other Rule 9217, which sets forth the list of remuneration received by others in In its filing with the Commission, the self-regulatory organization included rules under which a member connection with comparable organization or covered person may be transactions involving similar statements concerning the purpose of, and basis for, the proposed rule change subject to a fine under a minor rule instruments being purchased or sold violation plan as set forth in Rule during a comparable period of time. and discussed any comments it received on the proposed rule change. The text 9216(b). Rule 9217 permits a summary For the Commission, by the Division of of those statements may be examined at fine for failures to collect and/or submit Investment Management, under delegated all audit trail data specified in Rule 132. authority. the places specified in Item IV below. The Exchange has prepared summaries, The Exchange proposes to delete the Robert W. Errett, set forth in sections A, B, and C below, clause ‘‘and/or submit’’ to reflect Deputy Secretary. of the most significant parts of such elimination of the submission [FR Doc. 2015–30867 Filed 12–7–15; 8:45 am] statements. requirement set forth in Supplementary BILLING CODE 8011–01–P Material .40 of Rule 132. The Exchange A. Self-Regulatory Organization’s believes this proposed change will add Statement of the Purpose of, and the transparency and clarity to the SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Exchange’s rules. COMMISSION Change 2. Statutory Basis [Release No. 34–76539; File No. SR–NYSE– 1. Purpose 2015–61] The Exchange believes that the The Exchange proposes to amend proposed rule change is consistent with Rule 132 to delete Supplementary Self-Regulatory Organizations; New Section 6(b) of the Act,5 in general, and Material .40, which requires members to York Stock Exchange LLC; Notice of furthers the objectives of Section 6(b)(5) submit certain data elements and badge Filing and Immediate Effectiveness of of the Act,6 in particular, because it is information for transactions effected on Proposed Rule Change Amending Rule designed to prevent fraudulent and the Trading Floor and to make a 132 To Delete Supplementary Material manipulative acts and practices, .40 Requiring Members Effecting conforming change. Rule 132 requires clearing member promote just and equitable principles of Transactions on the NYSE Trading trade, remove impediments to and Floor To Submit Certain Data Elements organizations submitting a transaction to comparison to include the audit trail perfect the mechanism of a free and and Badge Information and To Make a open market and a national market Conforming Change data elements set forth in Supplementary Material .30, including a system, and protect investors and the

December 2, 2015. specification of the account type for 4 1 Under Rule 2(a), a member is a natural person Pursuant to Section 19(b)(1) of the which the transaction was effected associated with a member organization and in the Securities Exchange Act of 1934 (the context of Rule 132.40, refers to Floor brokers only. 2 15 U.S.C. 78a. 5 15 U.S.C. 78f(b). 1 15 U.S.C.78s(b)(1). 3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5).

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public interest. In particular, the operative for 30 days from the date on submission, all subsequent Exchange believes that deleting rule text which it was filed, or such shorter time amendments, all written statements relating to a requirement that is as the Commission may designate if with respect to the proposed rule obsolete, i.e., to manually submit and consistent with the protection of change that are filed with the transmit information that Exchange investors and the public interest, Commission, and all written systems now capture and transmit provided that the self-regulatory communications relating to the electronically, removes impediments to organization has given the Commission proposed rule change between the and perfects the mechanism of a free written notice of its intent to file the Commission and any person, other than and open market by simplifying its proposed rule change at least five those that may be withheld from the rulebook and removing confusion that business days prior to the date of filing public in accordance with the may result from having obsolete rules in of the proposed rule change or such provisions of 5 U.S.C. 552, will be the Exchange’s rulebook. The Exchange shorter time as designated by the available for Web site viewing and further believes that the proposal Commission,7 the proposed rule change printing in the Commission’s Public removes impediments to and perfects has become effective pursuant to Reference Room, 100 F Street NE., the mechanism of a free and open Section 19(b)(3)(A) of the Act 8 and Rule Washington, DC 20549, on official market by ensuring that persons subject 19b–4(f)(6) thereunder.9 business days between the hours of to the Exchange’s jurisdiction, At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the regulators, and the investing public can filing of such proposed rule change, the filing will also be available for Web site more easily navigate and understand the Commission summarily may viewing and printing at the NYSE’s Exchange’s rulebook. The Exchange also temporarily suspend such rule change if principal office and on its Internet Web believes that eliminating obsolete rules it appears to the Commission that such site at www.nyse.com. All comments would not be inconsistent with the action is necessary or appropriate in the received will be posted without change; public interest and the protection of public interest, for the protection of the Commission does not edit personal investors because investors will not be investors, or otherwise in furtherance of identifying information from harmed and in fact would benefit from the purposes of the Act. If the submissions. You should submit only increased transparency as to which Commission takes such action, the information that you wish to make rules are operable, thereby reducing Commission shall institute proceedings available publicly. All submissions potential confusion. Similarly, the under Section 19(b)(2)(B)10 of the Act to should refer to File Number SR–NYSE– Exchange believes that removing a determine whether the proposed rule 2015–61 and should be submitted on or cross-reference to obsolete requirements change should be approved or before December 29, 2015. would remove impediments to and disapproved. For the Commission, by the Division of perfect the mechanism of a free and IV. Solicitation of Comments Trading and Markets, pursuant to delegated open market because it would reduce authority.11 potential confusion that may result from Interested persons are invited to Robert W. Errett, having such cross references in the submit written data, views, and Deputy Secretary. Exchange’s rulebook. Removing such arguments concerning the foregoing, obsolete cross references will also including whether the proposed rule [FR Doc. 2015–30836 Filed 12–7–15; 8:45 am] further the goal of transparency and add change is consistent with the Act. BILLING CODE 8011–01–P clarity to the Exchange’s rules. Comments may be submitted by any of the following methods: B. Self-Regulatory Organization’s SMALL BUSINESS ADMINISTRATION Statement on Burden on Competition Electronic Comments [Disaster Declaration #14549 and #14550] The Exchange does not believe that • Use the Commission’s Internet the proposed rule change will impose comment form (http://www.sec.gov/ Texas Disaster #TX–00461 any burden on competition that is not rules/sro.shtml); or necessary or appropriate in furtherance • Send an email to rule-comments@ AGENCY: U.S. Small Business of the purposes of the Act. The sec.gov. Please include File Number SR– Administration. proposed rule change is not intended to NYSE–2015–61 on the subject line. ACTION: Notice. address competitive issues but rather to Paper Comments eliminate obsolete data submission SUMMARY: This is a Notice of the requirements for trades on its Trading • Send paper comments in triplicate Presidential declaration of a major Floor. to Brent J. Fields, Secretary, Securities disaster for the State of Texas (FEMA– and Exchange Commission, 100 F Street 4245–DR), dated 11/25/2015. C. Self-Regulatory Organization’s NE., Washington, DC 20549–1090. Incident: Severe Storms, Tornadoes, Statement on Comments on the All submissions should refer to File Straight-line Winds, and Flooding. Proposed Rule Change Received From Number SR–NYSE–2015–61. This file Incident Period: 10/22/2015 through Members, Participants, or Others number should be included on the 10/31/2015. No written comments were solicited subject line if email is used. To help the Effective Date: 11/25/2015. or received with respect to the proposed Commission process and review your Physical Loan Application Deadline rule change. comments more efficiently, please use Date: 01/25/2016. Economic Injury (EIDL) Loan only one method. The Commission will III. Date of Effectiveness of the Application Deadline Date: 08/25/2016. post all comments on the Commission’s Proposed Rule Change and Timing for ADDRESSES: Submit completed loan Commission Action Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the applications to: U.S. Small Business Because the foregoing proposed rule Administration, Processing and does not (i) significantly affect the 7 The Exchange has fulfilled this requirement. Disbursement Center, 14925 Kingsport protection of investors or the public 8 15 U.S.C. 78s(b)(3)(A). Road, Fort Worth, TX 76155. interest; (ii) impose any significant 9 17 CFR 240.19b–4(f)(6). burden on competition; and (iii) become 10 15 U.S.C. 78s(b)(2)(B). 11 17 CFR 200.30–3(a)(12).

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FOR FURTHER INFORMATION CONTACT: A. DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION Escobar, Office of Disaster Assistance, Federal Motor Carrier Safety U.S. Small Business Administration, [Public Notice: 9371] 409 3rd Street SW., Suite 6050, Administration Washington, DC 20416. Renewal of the Charter of the Advisory [Docket No. FMCSA–2015–0344] SUPPLEMENTARY INFORMATION: Notice is Committee on International Postal and hereby given that as a result of the Delivery Services Qualification of Drivers; Exemption President’s major disaster declaration on Applications; Vision 11/25/2015, applications for disaster AGENCY: Department of State. AGENCY: Federal Motor Carrier Safety loans may be filed at the address listed ACTION: Notice. Administration (FMCSA), DOT. above or other locally announced locations. ACTION: Notice of applications for SUMMARY: This notice announces the exemptions; request for comments. The following areas have been renewal of the charter or the Advisory determined to be adversely affected by Committee on International Postal and SUMMARY: FMCSA announces receipt of the disaster: Delivery Services (IPoDS). In applications from 30 individuals for Primary Counties (Physical Damage accordance with the provisions of the exemption from the vision requirement and Economic Injury Loans): 2006 Postal Accountability and in the Federal Motor Carrier Safety Bastrop, Brazoria, Caldwell, Comal, Enhancement Act (Pub. L. 109–435) and Regulations. They are unable to meet Galveston, Guadalupe, Hardin, Harris, the Federal Advisory Committee Act the vision requirement in one eye for Hays, Hidalgo, Liberty, Navarro, Travis, (Pub. L. 92–463), the Committee’s various reasons. The exemptions will Willacy, Wilson. charter has been renewed for an enable these individuals to operate additional two years. commercial motor vehicles (CMVs) in Contiguous Counties (Economic Injury interstate commerce without meeting Loans Only): The IPoDS Committee comprises members representing mailers, private the prescribed vision requirement in Texas: Atascosa, Bexar, Blanco, sector delivery companies, stakeholders one eye. If granted, the exemptions Brooks, Burnet, Cameron, Chambers, would enable these individuals to in international delivery services or Ellis, Fayette, Fort Bend, Freestone, qualify as drivers of commercial motor others who are directly affected by Gonzales, Henderson, Hill, Jasper, vehicles (CMVs) in interstate commerce. international postal operations. In Jefferson, Karnes, Kendall, Kenedy, Lee, addition, the Committee includes DATES: Comments must be received on Limestone, Matagorda, Montgomery, Federal members representing the or before January 7, 2016. All comments Orange, Polk, San Jacinto, Starr, Tyler, Department of Commerce, the will be investigated by FMCSA. The Waller, Wharton, Williamson. Department of Homeland Security, the exemptions will be issued the day after The Interest Rates are: Office of the United States Trade the comment period closes. Representative, the Postal Regulatory ADDRESSES: You may submit comments Percent Commission, and the United States bearing the Federal Docket Management For Physical Damage: Postal Service. Members are appointed System (FDMS) Docket No. FMCSA– Homeowners With Credit Avail- by the Assistant Secretary of State for 2015–0344 using any of the following able Elsewhere ...... 3.750 International Organization Affairs. The methods: Homeowners Without Credit Committee provides advice to the • Federal eRulemaking Portal: Go to Available Elsewhere ...... 1.875 Department of State with respect to U.S. http://www.regulations.gov. Follow the Businesses With Credit Avail- foreign policy related to international on-line instructions for submitting able Elsewhere ...... 6.000 postal services and other international comments. Businesses Without Credit delivery services and U.S. policy toward • Mail: Docket Management Facility; Available Elsewhere ...... 4.000 the Universal Postal Union and other U.S. Department of Transportation, 1200 Non-Profit Organizations With Credit Available Elsewhere ... 2.625 international postal and delivery New Jersey Avenue SE., West Building Non-Profit Organizations With- organizations. Ground Floor, Room W12–140, out Credit Available Else- Washington, DC 20590–0001. For further information, please • where ...... 2.625 contact Ms. Shereece Robinson of the Hand Delivery: West Building For Economic Injury: Office of Specialized and Technical Ground Floor, Room W12–140, 1200 Businesses & Small Agricultural Agencies (IO/STA), Bureau of New Jersey Avenue SE., Washington, Cooperatives Without Credit DC, between 9 a.m. and 5 p.m., Monday Available Elsewhere ...... 4.000 International Organization Affairs, U.S. Department of State, at tel. (202) 663– through Friday, except Federal Non-Profit Organizations With- Holidays. out Credit Available Else- 2649, by email at • where ...... 2.625 [email protected] or by mail at Fax: 1–202–493–2251. IO/STA, L409 (SA1); Department of Instructions: Each submission must include the Agency name and the The number assigned to this disaster State; 2401 E Street NW.; Washington DC 20037. docket numbers for this notice. Note for physical damage is 14549B and for that all comments received will be economic injury is 145500. Dated: October 23, 2015. posted without change to http:// (Catalog of Federal Domestic Assistance Joseph P. Murphy, www.regulations.gov, including any Numbers 59008) Designated Federal Officer, Advisory personal information provided. Please Committee on International Postal and see the Privacy Act heading below for James E. Rivera, Delivery Services, Office of Specialized and further information. Associate Administrator for Disaster Technical Agencies, Bureau of International Docket: For access to the docket to Assistance. Organization Affairs, Department of State. read background documents or [FR Doc. 2015–30830 Filed 12–7–15; 8:45 am] [FR Doc. 2015–30901 Filed 12–7–15; 8:45 am] comments, go to http:// BILLING CODE 8025–01–P BILLING CODE 4710–19–P www.regulations.gov at any time or

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Room W12–140 on the ground level of that Tom Ashbrook has sufficient vision Mr. Bruce J. Dowd the West Building, 1200 New Jersey to perform the driving tasks required to Mr. Dowd, 60, has been blind in his Avenue, SE., Washington, DC, between operate a commercial vehicle with full right eye due to a traumatic incident in 9 a.m. and 5 p.m., Monday through distance correction.’’ Mr. Ashbrook 1964. The visual acuity in his right eye Friday, except Federal holidays. The reported that he has driven tractor- is no light perception, and in his left FDMS is available 24 hours each day, trailer combinations for 45 years, eye, 20/15. Following an examination in 365 days each year. If you want accumulating 3.6 million miles. He 2015, his optometrist stated, ‘‘I certify in acknowledgment that we received your holds a Class A CDL from New York. my medical opinion that Bruce has comments, please include a self- His driving record for the last 3 years sufficient vision to perform the driving addressed, stamped envelope or shows no crashes and no convictions for tasks required to operate a heavy vehicle postcard or print the acknowledgement moving violations in a CMV. under 26,001 as he has for the past page that appears after submitting Howard D. Barton twenty years.’’ Mr. Dowd reported that comments on-line. he has driven straight trucks for 44 Mr. Barton, 64, has a retinal hole in Privacy Act: In accordance with 5 years, accumulating 1 million miles. He his left eye due to a traumatic incident U.S.C. 553(c), DOT solicits comments holds a Class D operator’s license from in 2009. The visual acuity in his right from the public to better inform its Connecticut. His driving record for the eye is 20/20, and in his left eye, 20/100. rulemaking process. DOT posts these last 3 years shows no crashes and no Following an examination in 2015, his comments, without edit, including any convictions for moving violations in a optometrist stated, ‘‘It is my personal information the commenter CMV. provides, to www.regulations.gov, as professional opinion that Mr. Barton has described in the system of records more than sufficient vision to perform Raul A. Gonzalez notice (DOT/ALL–14 FDMS), which can the driving tasks required to operate a Mr. Gonzalez, 46, has optic atrophy in be reviewed at www.dot.gov/privacy. commercial vehicle.’’ Mr. Barton his left eye due to a traumatic incident FOR FURTHER INFORMATION CONTACT: reported that he has driven straight in childhood. The visual acuity in his Christine A. Hydock, Chief, Medical trucks for 2 years, accumulating 100,000 right eye is 20/20, and in his left eye, Programs Division, (202) 366–4001, miles and tractor-trailer combinations 20/400. Following an examination in [email protected], FMCSA, for 46 years, accumulating 5.52 million 2015, his optometrist stated, ‘‘He has Department of Transportation, 1200 miles. He holds a Class A CDL from been functioning successfully as a New Jersey Avenue SE., Room W64– Indiana. His driving record for the last commercial driver for many years and 113, Washington, DC 20590–0001. 3 years shows no crashes and one nothing has changed to date. He has Office hours are 8:30 a.m. to 5 p.m., e.t., conviction for a moving violation in a proven his ability to continue to Monday through Friday, except Federal CMV; he exceeded the speed limit by 10 function as a driver and we believe his holidays. If you have questions miles per hour. vision is adequate for that purposes regarding viewing or submitting Bryan Borrowman [sic].’’ Mr. Gonzalez reported that he has material to the docket, contact Docket driven tractor-trailer combinations for Mr. Borrowman, 50, has had a 25 years, accumulating 1.94 million Services, telephone (202) 366–9826. chorioretinal scar in his right eye since SUPPLEMENTARY INFORMATION: miles. He holds a Class A CDL license 2011. The visual acuity in his right eye from California. His driving record for I. Background is 20/100, and in his left eye, 20/20. the last 3 years shows no crashes and Following an examination in 2015, his Under 49 U.S.C. 31136(e) and 31315, one conviction for a moving violation in optometrist stated, ‘‘Patient’s left visual FMCSA may grant an exemption from a CMV; he was cited for stopping on a field compensates well for his right the Federal Motor Carrier Safety non-emergency shoulder. visual field defect and should not have Regulations for a 2-year period if it finds any problems operating a commercial Calvin N. Gregory, Jr. ‘‘such exemption would likely achieve a vehicle.’’ Mr. Borrowman reported that level of safety that is equivalent to or Mr. Gregory, 65, has had amblyopia in he has driven tractor-trailer greater than the level that would be his right eye since childhood. The combinations for 9 years, accumulating achieved absent such exemption.’’ visual acuity in his right eye is 20/200, 1.35 million miles. He holds a Class A FMCSA can renew exemptions at the and in his left eye, 20/20. Following an CDL from Utah. His driving record for end of each 2-year period. The 30 examination in 2015, his optometrist the last 3 years shows no crashes and no individuals listed in this notice have stated, ‘‘Stable amblyopia . . . no convictions for moving violations in a each requested such an exemption from impact on horizontal or vertical visual CMV. the vision requirement in 49 CFR field . . . OK to operate a commercial vehicle.’’ Mr. Gregory, reported that he 391.41(b)(10), which applies to drivers George R. Cornell has driven straight trucks for 44 years, of CMVs in interstate commerce. Mr. Cornell, 53, has had a retinal accumulating 4.4 million miles. He Accordingly, the Agency will evaluate detachment in his left eye in 2010. The holds a Class A CDL from Maryland. His the qualifications of each applicant to visual acuity in his right eye is 20/20, driving record for the last 3 years shows determine whether granting an and in his left eye, no light perception. no crashes and no convictions for exemption will achieve the required Following an examination in 2015, his moving violations in a CMV. level of safety mandated by statute. optometrist stated, ‘‘Vision sufficient for Thomas E. Gross II. Qualifications of Applicants commercial vehicle.’’ Mr. Cornell reported that he has driven straight Mr. Gross, 59, has a prosthetic left eye Thomas G. Ashbrook trucks for 5 years, accumulating 50,000 due to a traumatic incident over 45 Mr. Ashbrook, 63, has had complete miles, tractor-trailer combinations for 22 years ago. The visual acuity in his right loss of vision in his left eye since years, accumulating 1.1 million miles. eye is 20/20, and in his left eye, no light childhood. The visual acuity in his right He holds a Class A CDL from Ohio. His perception. Following an examination eye is 20/25, and in his left eye, no light driving record for the last 3 years shows in 2015, his ophthalmologist stated, ‘‘I perception. Following an examination no crashes and no convictions for certainly certify that in my professional in 2015, his optometrist stated, ‘‘I certify moving violations in a CMV. medical opinion that he has as he has

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had in the past sufficient vision to David A. Luke accumulating 350,000 miles. He holds a perform the driving tasks required to Mr. Luke, 60, has complete loss of Class B CDL from West Virginia. His operate a commercial vehicle as he has vision due to a traumatic incident in his driving record for the last 3 years shows in the past.’’ Mr. Gross reported that he right eye since childhood. The visual no crashes and no convictions for has driven straight trucks for 40 years, acuity in his right eye is no light moving violations in a CMV. accumulating 200,000 miles. He holds a perception, and in his left eye, 20/20. John M. Moore Class C operator’s license from Following an examination in 2015, his Pennsylvania. His driving record for the optometrist stated, ‘‘I have no problem Mr. Moore, 55, has had amblyopia in last 3 years shows no crashes and no with his ability to see adequately to his right eye since childhood. The convictions for moving violations in a drive a commercial vehicle.’’ Mr. Luke visual acuity in his right eye is 20/400, CMV. reported that he has driven straight and in his left eye, 20/20. Following an Ethan A. Hale trucks for 44 years, accumulating 22,000 examination in 2015, his optometrist miles, and tractor-trailer combinations stated, ‘‘This patient has stable Mr. Hale, 24, has had a prosthetic left for 7 years, accumulating 252,000 miles. longstanding (since childhood) eye due to a traumatic incident in 2005. He holds a Class A CDL from Nebraska. amblyopia in his right eye . . . he has The visual acuity in his right eye is 20/ His driving record for the last 3 years sufficient vision to perform the tasks 15, and in his left eye, no light shows no crashes and no convictions for required to operate a commercial perception. Following an examination moving violations in a CMV. vehicle.’’ Mr. Moore reported that he in 2015, his optometrist stated, ‘‘The Raymond J. Mannarino has driven straight trucks for 35 years, applicant was found to be visually able accumulating 875,000 miles, and Mr. Mannarino, 68, has had a macular to safely operate a commercial motor tractor-trailer combinations for 35 years, pucker in his left eye since 1995. The vehicle.’’ Mr. Hale reported that he has accumulating 35,000 miles. He holds a driven straight trucks for 4 years, visual acuity in his right eye is 20/30, and in his left eye, 20/80. Following an Class A CDL from Pennsylvania. His accumulating 80,000 miles. He holds a driving record for the last 3 years shows Class DA CDL from Kentucky. His examination in 2015, his ophthalmologist stated, ‘‘Certify that as no crashes and no convictions for driving record for the last 3 years shows moving violations in a CMV. no crashes and one conviction for a per above, pt [sic] has sufficient vision moving violation in a CMV; he was to perform commercial driving.’’ Mr. Samuel M. Mosman cited for speeding. Mannarino reported that he has driven straight trucks for 40 years, Mr. Mosman, 33, has a retinal scar in Steven G. Hall accumulating 80,000 miles and tractor- his left eye due to a traumatic incident Mr. Hall, 47, has had a macular hole trailer combinations for 30 years, in 2007. The visual acuity in his right in his left eye since 1990. The visual accumulating 1.2 million miles. He eye is 20/20, and in his left eye, 20/200. acuity in his right eye is 20/20, and in holds a Class A CDL from New York. Following an examination in 2015, his his left eye, 20/400. Following an His driving record for the last 3 years ophthalmologist stated, ‘‘Mr. Mosman’s examination in 2015, his optometrist shows no crashes and no convictions for Visual [sic] acuity has been stable since stated, ‘‘In my professional and medical moving violations in a CMV. June 2007 . . . Mr. Mosman states that opinion, Mr. Steven Hall has sufficient Samuel T. Mazza, Jr. he has driven a commercial vehicle for vision to perform the driving tasks 9 years and I believe there is nothing to Mr. Mazza, Jr., 35, has had dense required to operate a commercial interfere with his future driving.’’ Mr. anisometropic amblyopia in his left eye Mosman reported that he has driven vehicle.’’ Mr. Hall reported that he has since childhood. The visual acuity in driven straight trucks for 3 years, straight trucks for 10 years, his right eye is 20/20, and in his left eye, accumulating 400,000 miles and tractor- accumulating 234,000 miles, and 20/400. Following an examination in tractor-trailer combinations for 5 years, trailer combinations for 8 years, 2015, his optometrist stated, ‘‘Samuel’s accumulating 520,000 miles. He holds a accumulating 390,000 miles. He holds a visual status is stable and unchanged Class A CDL from North Carolina. His Class A CDL license from Washington. since I first saw him in 2010, and in my His driving record for the last 3 years driving record for the last 3 years shows opinion, he is fit to drive a commercial no crashes and no convictions for shows no crashes and no convictions for motor vehicle.’’ Mr. Mazza reported that moving violations in a CMV. moving violations in a CMV. he has driven straight trucks for 11 Jason F. Huddleston years, accumulating 110,000 miles, Josh D. Nichols tractor-trailer combinations for 11 years, Mr. Huddleston, 40 has glaucoma in accumulating 220,000 miles. He holds a Mr. Nichols, 37, had his left eye his right eye due to a traumatic incident Class A CDL from Connecticut. His enucleated due to a traumatic incident in 2003. The visual acuity in his right driving record for the last 3 years shows in 1993. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. no crashes and no convictions for eye is 20/20, and in his left eye, no light Following an examination in 2015, his moving violations in a CMV. perception. Following an examination optometrist stated, ‘‘I certify in my in 2015, his optometrist stated, ‘‘It is my medical opinion that Mr. Jason Ralph S. Miller professional opinion that Joshua D [sic] Huddleston has sufficient vision to Mr. Miller, 59, has had a prosthetic Nichols possesses sufficient vision to perform the driving tasks required to right eye due to ocular melanoma since perform the driving tasks required to operate a commercial vehicle.’’ Mr. 1998. The visual acuity in his right eye operate a commercial motor vehicle.’’ Huddleston reported that he has driven is no light perception, and in his left Mr. Nichols reported that he has driven straight trucks for 17 years, eye, 20/20. Following an examination in straight trucks for 15 years, accumulating 208,080 miles. He holds a 2015, his optometrist stated, ‘‘It is my accumulating 450,000 miles. He holds Class C operator’s license from Texas. opinion that Mr. Miller has sufficient an operator’s license from Illinois. His His driving record for the last 3 years vision to operate a commercial vehicle.’’ driving record for the last 3 years shows shows no crashes and no convictions for Mr. Miller reported that he has driven no crashes and no convictions for moving violations in a CMV. straight trucks for 35 years, moving violations in a CMV.

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John P. Pitts record for the last 3 years shows no stated, ‘‘Vision is sufficient to operate a Mr. Pitts, 61, has vision loss in his left crashes and no convictions for moving commercial vehicle.’’ Mr. Turnbow eye due to ocular nerve damage in 2009. violations in a CMV. reported that he has driven straight trucks for 41 years, accumulating 1.23 The visual acuity in his right eye is 20/ Fred Schmidt 20, and in his left eye, counting fingers. million miles and tractor-trailer Mr. Schmidt, 58, has had a prosthetic Following an examination in 2015, his combinations for 13 years, accumulating left eye due to a traumatic incident at optometrist stated, ‘‘In my opinion, John 1.3 million miles. He holds a Class A age 11. The visual acuity in his right eye Pitts has sufficient vision to operate a CDL from Missouri. His driving record is 20/20, and in his left eye, no light commercial vehicle.’’ Mr. Pitts reported for the last 3 years shows no crashes and that he has driven straight trucks for 4 perception. Following an examination no convictions for moving violations in years, accumulating 10,000 miles and in 2015, his optometrist stated, ‘‘In my a CMV. opinion, this patient has sufficient tractor-trailer combinations for 30 years, James L. Urbach accumulating 3 million miles. He holds vision to perform the driving tasks Mr. Urbach, 45, has had a chronic an operator’s license from Arizona. His required to operate a commercial rhegmatagenous retinal detachment in driving record for the last 3 years shows vehicle.’’ Mr. Schmidt reported that he his left eye since 2011. The visual acuity no crashes and no convictions for has driven straight trucks for 40 years, in his right eye is 20/15, and in his left moving violations in a CMV. accumulating 800,000 miles, tractor- trailer combinations for 30 years, eye, 20/60. Following an examination in Alexander L. Resh accumulating 900,000 miles. He holds a 2015, his ophthalmologist stated, ‘‘It is Mr. Resh, 24, had an infection and Class AM CDL from Illinois. His driving my medical opinion that Mr. Urbach subsequent complete loss of vision in record for the last 3 years shows no possesses sufficient vision to perform his right eye due to a traumatic incident crashes and no convictions for moving the driving tasks necessary to operate a in 2013. The visual acuity in his right violations in a CMV. commercial vehicle.’’ Mr. Urbach reported that he has driven tractor- eye is no light perception, and in his left Robert L. Simpson eye, 20/20. Following an examination in trailer combinations for 10 years, 2015, his optometrist stated, ‘‘He has Mr. Simpson, 54, has had optic nerve accumulating 1.13 million miles. He excellent vision in his left eye and atrophy in his right eye since 2012 due holds a Class A CDL from Pennsylvania. should have no difficulty operating a to a pituitary tumor. The visual acuity His driving record for the last 3 years commercial vehicle.’’ Mr. Resh reported in his right eye is 20/200, and in his left shows no crashes and no convictions for that he has driven straight trucks for 7 eye, 20/20. Following an examination in moving violations in a CMV. 2015, his ophthalmologist stated, ‘‘He years, accumulating 84,000 miles. He Eric C. Weidley holds a Class C operator’s license from does see well enough to drive a Pennsylvania. His driving record for the commercial vehicle.’’ Mr. Simpson Mr. Weidley, 39, has had optic last 3 years shows no crashes and no reported that he has driven straight neuritis in his right eye since 2009. The convictions for moving violations in a trucks for 1 year, accumulating 80,000 visual acuity in his right eye is no light CMV. miles, tractor-trailer combinations for 15 perception, and in his left eye, 20/20. years, accumulating 1.5 million miles. Following an examination in 2015, his August Roberts, Jr. He holds a Class A CDL from North ophthalmologist stated, ‘‘In my medical Mr. Roberts, 68, has had macular Carolina. His driving record for the last opinion, you have sufficient vision and degeneration in his left eye since 2010. 3 years shows no crashes and no experience to perform the driving tasks The visual acuity in his right eye is 20/ convictions for moving violations in a required to operate a commercial 20, and in his left eye, 20/50. Following CMV. vehicle.’’ Mr.Weidley reported that he an examination in 2015, his optometrist has driven straight trucks for 16 years, Franklin Tso stated, ‘‘I, Yen Le, OD, certify that Mr. accumulating 640,000 miles. He holds a August Roberts have [sic] sufficient Mr. Tso, 72, has had a corneal scar in Class CM operator’s license from vision to perform the driving tasks his right eye since childhood. The Pennsylvania. His driving record for the required to operate a commercial visual acuity in his right eye is 20/80, last 3 years shows no crashes and no vehicle.’’ Mr. Roberts reported that he and in his left eye, 20/30. Following an convictions for moving violations in a has driven straight trucks for 43 years, examination in 2015, his CMV. ophthalmologist stated, ‘‘In my accumulating 645,000 miles. He holds a Jackie G. Wells Class A CDL from North Carolina. His professional opinion Mr. Tso has driving record for the last 3 years shows sufficient vision to perform the driving Mr. Wells, 65, has had amblyopia in no crashes and no convictions for tasks required to operate a commercial his right eye since childhood. The moving violations in a CMV. vehicle.’’ Mr. Tso reported that he has visual acuity in his right eye is 20/80, driven straight trucks for 56 years, and in his left eye, 20/20. Following an Phillip D. Satterfield accumulating 3.4 million miles. He examination in 2015, his optometrist Mr. Satterfield, 51, has had holds an operator’s license from New stated, ‘‘I feel Mr. Wells has sufficient toxoplasmosis in his left eye since birth. Mexico. His driving record for the last vision to perform the driving tasks The visual acuity in his right eye is 20/ 3 years shows no crashes and 1 required to operate a commercial 20, and in his left eye, 20/200. conviction for a moving violation in a vehicle due to the fact that he is able to Following an examination in 2015, his CMV; he exceeded the speed limit by 7 see 20/20 with both eyes open and has optometrist stated, ‘‘It is my medical mph. full visual fields in each eye.’’ Mr. Wells opinion the above-referenced patient reported that he has driven straight does have sufficient vision to operate a Keith D. Turnbow trucks for 20 years, accumulating commercial vehicle.’’ Mr. Satterfield Mr. Turnbow, 61, has had amblyopia 160,000 miles. He holds an operator’s reported that he has driven tractor- in his left eye since childhood. The license from Virginia. His driving record trailer combinations for 30 years, visual acuity in his right eye is 20/20, for the last 3 years shows no crashes and accumulating 315,000 miles. He holds a and in his left eye, 20/400. Following an no convictions for moving violations in Class A CDL from Georgia. His driving examination in 2015, his optometrist a CMV.

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Charles T. Whitehead notice, indicate the specific section of facility, please enclose a stamped, self- Mr. Whitehead, 66, has had hyperopic this document to which each comment addressed postcard or envelope. astigmatism and refractive amblyopia in applies, and provide a reason for each FMCSA will consider all comments his right eye since birth. The visual suggestion or recommendation. You and material received during the acuity in his right eye is 20/70, and in may submit your comments and comment period and may change this his left eye, 20/25. Following an material online or by fax, mail, or hand notice based on your comments. delivery, but please use only one of examination in 2015, his optometrist Viewing Comments and Documents stated, ‘‘Mr. Whitehead is diagnosed these means. FMCSA recommends that with Hyperopic Astigmatism and you include your name and a mailing To view comments, as well as Refractive Amblyopia [sic] of the right address, an email address, or a phone documents mentioned in this preamble eye that he has had since birth. It is my number in the body of your document as being available in the docket, go to opinion that Mr. Whitehead is capable so the Agency can contact you if it has http://www.regulations.gov and insert of operating a commercial vehicle.’’ Mr. questions regarding your submission. the docket number FMCSA–2015–0344 in the ‘‘Keyword’’ box and click Whitehead reported that he has driven To submit your comment online, go to ‘‘Search.’’ Next, click ‘‘Open Docket tractor-trailer combinations for 43 years, http://www.regulations.gov and put the Folder’’ button and choose the accumulating 3.4 million miles. He docket number FMCSA–2015–0344 in document listed to review. If you do not holds a Class A CDL from North the ‘‘Keyword’’ box, and click ‘‘Search. Carolina. His driving record for the last have access to the Internet, you may When the new screen appears, click on 3 years shows no crashes and no view the docket online by visiting the ‘‘Comment Now!’’ button and type your convictions for moving violations in a Docket Management Facility in Room comment into the text box in the CMV. W12–140 on the ground floor of the following screen. Choose whether you DOT West Building, 1200 New Jersey III. Public Participation and Request for are submitting your comment as an Avenue SE., Washington, DC 20590, Comments individual or on behalf of a third party between 9 a.m. and 5 p.m., e.t., Monday FMCSA encourages you to participate and then submit. If you submit your through Friday, except Federal holidays. comments by mail or hand delivery, by submitting comments and related Issued on: November 30, 2015. materials. submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for Larry W. Minor, Submitting Comments copying and electronic filing. If you Associate Administrator for Policy. If you submit a comment, please submit comments by mail and would [FR Doc. 2015–30863 Filed 12–7–15; 8:45 am] include the docket number for this like to know that they reached the BILLING CODE 4910–EX–P

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Part II

The President

Proclamation 9377—Honoring the Victims of the Attack in San Bernardino, California

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Federal Register Presidential Documents Vol. 80, No. 235

Tuesday, December 8, 2015

Title 3— Proclamation 9377 of December 3, 2015

The President Honoring the Victims of the Attack in San Bernardino, Cali- fornia

By the President of the United States of America

A Proclamation As a mark of respect for the victims of gun violence perpetrated on December 2, 2015, in San Bernardino, California, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions through December 7, 2015. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this third day of December, in the year of our Lord two thousand fifteen, and of the Independ- ence of the United States of America the two hundred and fortieth.

[FR Doc. 2015–31103 Filed 12–7–15; 11:15 am] Billing code 3295–F6–P

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Reader Aids Federal Register Vol. 80, No. 235 Tuesday, December 8, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 7...... 74974 Presidential Documents 2 CFR 9...... 74974 Executive orders and proclamations 741–6000 802...... 74965 11...... 74974 The United States Government Manual 741–6000 3 CFR 15...... 74974 Other Services 19...... 74974 Proclamations: 20...... 74974 741–6020 Electronic and on-line services (voice) 9373...... 75781 21...... 74974 Privacy Act Compilation 741–6064 9374...... 75783 25...... 74974 Public Laws Update Service (numbers, dates, etc.) 741–6043 9375...... 76197 26...... 74974 9376...... 76199 30...... 74974 9377...... 76353 ELECTRONIC RESEARCH 32...... 74974 Administrative Orders: 37...... 74974 World Wide Web Presidential 40...... 74974 Determinations: 50...... 74974 Full text of the daily Federal Register, CFR and other publications No. 2016-03 of 51...... 74974 is located at: www.fdsys.gov. November 18, 52...... 74974 Federal Register information and research tools, including Public 2015 ...... 75921 55...... 74974 Inspection List, indexes, and Code of Federal Regulations are Memorandums: 60...... 74974 located at: www.ofr.gov. Memorandum of 61...... 74974 December 2, 2015 ...... 76195 62...... 74974 E-mail 63...... 74974 5 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 70...... 74974 337...... 75785 an open e-mail service that provides subscribers with a digital 71...... 74974 576...... 75785 form of the Federal Register Table of Contents. The digital form 72...... 74974 792...... 75785 of the Federal Register Table of Contents includes HTML and 73...... 74974 831...... 75785 PDF links to the full text of each document. 74...... 74974 842...... 75785 76...... 74974 To join or leave, go to http://listserv.access.gpo.gov and select 81...... 74974 7 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 95...... 74974 (or change settings); then follow the instructions. 504...... 74966 100...... 74974 PENS (Public Law Electronic Notification Service) is an e-mail 761...... 74966 110...... 74974 service that notifies subscribers of recently enacted laws. 769...... 74966 140...... 74974 958...... 75787 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 150...... 74974 170...... 74974 and select Join or leave the list (or change settings); then follow 8 CFR the instructions. 171...... 74974 100...... 75631 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 50...... 75009 respond to specific inquiries. 9 CFR Reference questions. Send questions and comments about the 300...... 75590 12 CFR Federal Register system to: [email protected] 441...... 75590 530...... 75590 225...... 75419 The Federal Register staff cannot interpret specific documents or 531...... 75590 252...... 75419 regulations. 532...... 75590 Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 533...... 75590 249...... 75010 longer appears in the Federal Register. This information can be 534...... 75590 found online at http://bookstore.gpo.gov/. 537...... 75590 14 CFR 539...... 75590 39 ...... 74982, 75788, 76201 FEDERAL REGISTER PAGES AND DATE, DECEMBER 540...... 75590 97 ...... 75923, 75924, 75926, 541...... 75590 75928 544...... 75590 74965–75418...... 1 Proposed Rules: 75419–75630...... 2 548...... 75590 39...... 75952 75631–75784...... 3 550...... 75590 382...... 75953 75785–75920...... 4 552...... 75590 555...... 75590 75921–76200...... 7 557...... 75590 15 CFR 76201–76354...... 8 559...... 75590 738...... 75633 560...... 75590 740...... 75633 561...... 75590 743...... 75633 772...... 75633 10 CFR 774...... 75633 1...... 74974 922...... 74985 2...... 74974 Proposed Rules: 4...... 74974 701...... 75438

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16 CFR 963...... 75931 Proposed Rules: 1611...... 75847 7...... 75022 Proposed Rules: 964...... 75931 1614...... 75847 Ch. II ...... 76955 965...... 75931 230...... 76251 1626...... 75847 970...... 75931 1635...... 75847 433...... 75018 38 CFR 1028...... 75020 982...... 75931 1408...... 75639 990...... 75931 17...... 74991 47 CFR 1000...... 75931 41...... 74965 1...... 75431 24 CFR 1003...... 75931 43...... 74965 73...... 75431 1006...... 75931 4...... 75931 40 CFR Proposed Rules: 5...... 75931 26 CFR 20...... 75042 91...... 75791 9...... 75812 92...... 75931 1...... 75946, 76205 52 ...... 75636, 76211, 76219, 48 CFR Proposed Rules: 76222, 76225, 76230, 76232 115...... 75931 Ch. I...... 75902, 75918 1...... 75956 60...... 75178 125...... 75931 1 ...... 75903, 75907, 75908, 135...... 75931 63 ...... 75178, 75817, 76152 29 CFR 81...... 76232 75915, 75918 200...... 75931 3...... 75911 202...... 75931 4044...... 74986 180...... 75426 75430 721...... 75812 4...... 75903, 75913 214...... 75931 Proposed Rules: 9...... 75903 Proposed Rules: 236...... 75931 1635...... 75956 12...... 75903 52 ...... 75024, 75442, 75444, 242...... 75931 22 ...... 75907, 75908, 75915 30 CFR 75706, 75845, 76257, 76258 248...... 75931 52 ...... 75903, 75907, 75908, 63...... 75025 266...... 75931 250...... 75806 75911, 75915 78...... 75024, 75706 401...... 75931 1501...... 75948 31 CFR 97...... 75024, 75706 570...... 75931 1502...... 75948 180...... 75442, 75449 573...... 75931 Proposed Rules: 1852...... 75843 574...... 75931 538...... 75957 42 CFR 576...... 75931 560...... 75957 49 CFR 578...... 75791,75931 433...... 75817 32 CFR 238...... 76118 582...... 75931 583...... 75931 88...... 76206 45 CFR Proposed Rules: 700...... 75931 505...... 74987 95...... 75817 672...... 75639 761...... 75931 Proposed Rules: 33 CFR 880...... 75931 144...... 75488 50 CFR 881...... 75931 100...... 76206 146...... 75488 17...... 76235 882...... 75931 117...... 75636, 75811 147...... 75488 622...... 75432 883...... 75931 165...... 76206, 76209 153...... 75488 635 ...... 74997, 74999, 75436 884...... 75931 334...... 75947 154...... 75488 648...... 75008 886...... 75931 Proposed Rules: 155...... 75488 665...... 75437 891...... 75931 110...... 75020 156...... 75488 679 ...... 75843, 76249, 76250 902...... 75931 158...... 75488 Proposed Rules: 905...... 75931 36 CFR 1604...... 75847 223...... 76068 943...... 75931 7...... 74988 1609...... 75847 224...... 76068

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Register but may be ordered H.R. 22/P.L. 114–94 enacted public laws. To in ‘‘slip law’’ (individual Fixing America’s Surface subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the Transportation Act (Dec. 4, listserv.gsa.gov/archives/ This is a continuing list of Superintendent of Documents, 2015; 129 Stat. 1312) publaws-l.html public bills from the current U.S. Government Publishing Last List December 2, 2015 session of Congress which Office, Washington, DC 20402 Note: This service is strictly have become Federal laws. (phone, 202–512–1808). The Public Laws Electronic for E-mail notification of new This list is also available text will also be made laws. The text of laws is not online at http:// Notification Service available on the Internet from available through this service. www.archives.gov/federal- GPO’s Federal Digital System (PENS) register/laws. PENS cannot respond to (FDsys) at http://www.gpo.gov/ specific inquiries sent to this The text of laws is not fdsys. Some laws may not yet PENS is a free electronic mail address. published in the Federal be available. notification service of newly

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