Vol. 81 Thursday, No. 111 June 9, 2016
Pages 37121–37484
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 81, No. 111
Thursday, June 9, 2016
Agriculture Department Special Local Regulations and Safety Zones: See Forest Service Recurring Marine Events and Fireworks Displays Within See Rural Utilities Service the Fifth Coast Guard District, 37156 PROPOSED RULES PROPOSED RULES Regulatory Agenda: Anchorage Grounds: Semiannual Regulatory Agenda, 37250–37259 Hudson River; Yonkers, NY to Kingston, NY, 37168– 37170 Antitrust Division NOTICES Commerce Department Membership Changes under the National Cooperative See Economic Development Administration Research and Production Act: See Industry and Security Bureau AllSeen Alliance, Inc., 37213 See International Trade Administration Cooperative Research Group on Development and See National Oceanic and Atmospheric Administration Validation of FlawPRO for Assessing Defect PROPOSED RULES Tolerance of Welded Pipes under Generalized High Regulatory Agenda: Strain Conditions, 37212 Semiannual Regulatory Agenda, 37262–37278 DVD Copy Control Association, 37214–37215 fd.io Project, Inc., 37211–37212 Commodity Futures Trading Commission Interchangeable Virtual Instruments Foundation, Inc., PROPOSED RULES 37215 Regulatory Agenda: International Electronics Manufacturing Initiative, 37213 Semiannual Regulatory Agenda, 37408–37409 Node.js Foundation, 37215 NOTICES Silicon Integration Initiative, Inc., 37212–37213 Agency Information Collection Activities; Proposals, TeleManagement Forum, 37213–37214 Submissions, and Approvals: UHD Alliance, Inc., 37212 CFTC SmartCheck Annual Campaign Impact Tracking Survey, 37188–37190 Architectural and Transportation Barriers Compliance Meetings: Board Market Risk Advisory Committee, 37187–37188
PROPOSED RULES Consumer Product Safety Commission Regulatory Agenda: RULES Semiannual Regulatory Agenda, 37370–37371 Revisions to Safety Standard for Carriages and Strollers, 37128–37132 Bureau of Consumer Financial Protection PROPOSED RULES PROPOSED RULES Regulatory Agenda: Regulatory Agenda: Semiannual Regulatory Agenda, 37418–37421 Semiannual Regulatory Agenda, 37412–37415 Defense Department Centers for Medicare & Medicaid Services PROPOSED RULES PROPOSED RULES Regulatory Agenda: Medicare Program: Hospital Inpatient Prospective Payment Systems for Semiannual Regulatory Agenda, 37280–37281, 37400– Acute Care Hospitals, etc.; Correction, 37175–37176 37405
Children and Families Administration Economic Development Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37196–37198 Submissions, and Approvals: Trade Adjustment Assistance for Firms Program, 37178– Civil Rights Commission 37179 NOTICES Meetings; Sunshine Act, 37178 Education Department PROPOSED RULES Coast Guard Regulatory Agenda: RULES Semiannual Regulatory Agenda, 37284–37285 Drawbridge Operations: Narrow Bay, Suffolk County, NY, 37158 Energy Department Reynolds Channel, Nassau, NY, 37157 See Federal Energy Regulatory Commission Saugatuck River, Saugatuck, CT, 37156–37157 PROPOSED RULES Regulated Navigation Areas: Regulatory Agenda: Holiday Events; Biscayne Bay, Miami, FL, 37158–37160 Semiannual Regulatory Agenda, 37288–37291
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Environmental Protection Agency Federal Railroad Administration RULES NOTICES Air Quality State Implementation Plans; Approvals and Environmental Impact and Related Procedures, 37237– Promulgations: 37238 Indiana; Removal of Gasoline Vapor Recovery Requirements, 37160–37162 Federal Reserve System Minnesota; Sulfur Dioxide, 37162–37164 PROPOSED RULES PROPOSED RULES Regulatory Agenda: Air Quality State Implementation Plans; Approvals and Semiannual Regulatory Agenda, 37462–37463 Promulgations: NOTICES Idaho; Stationary Source Permitting Revisions, 37170– Formations of, Acquisitions by, and Mergers of Bank 37175 Holding Companies, 37196 Minnesota; Sulfur Dioxide, 37175 Regulatory Agenda: Fish and Wildlife Service Semiannual Regulatory Agenda, 37374–37383 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Aviation Administration Import of Sport-Hunted African Elephant Trophies, RULES 37207–37208 Airworthiness Directives: BLANIK LIMITED Gliders, 37122–37124 Food and Drug Administration EVEKTOR, spol. s.r.o. Gliders, 37124–37126 RULES Amendments of Class C Airspace: Advisory Committee; Transmissible Spongiform Billings Logan International Airport, MT, 37126–37127 Encephalopathies Advisory Committee; Termination, Capital Region International Airport, MI, 37127–37128 37153 PROPOSED RULES Airworthiness Directives: Foreign Assets Control Office PILATUS Aircraft Ltd. Airplanes, 37166–37168 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Communications Commission Hizballah Financial Sanctions Regulations: Report on PROPOSED RULES Closure by U.S. Financial Institutions of Regulatory Agenda: Correspondent Accounts and Payable-Through Semiannual Regulatory Agenda, 37424–37460 Accounts, 37239–37240 NOTICES Date by which LPTV and TV Translator Stations must be Forest Service Operating in Order to Participate in Post-Incentive NOTICES Auction Special Displacement Window, 37195–37196 Environmental Impact Statements; Availability, etc.: Lincoln National Forest, NM; Integrated Non-Native Federal Election Commission Invasive Plant Management, 37177–37178 NOTICES Meetings; Sunshine Act, 37196 General Services Administration PROPOSED RULES Regulatory Agenda: Federal Energy Regulatory Commission Semiannual Regulatory Agenda, 37386–37387, 37400– NOTICES 37405 Complaints: Michigan South Central Power v. Michigan Electric Health and Human Services Department Transmission Company, LLC, 37192 See Centers for Medicare & Medicaid Services Conference: See Children and Families Administration Midwest Independent Transmission System Operator, See Food and Drug Administration Inc. Midwest Independent Transmission System See Indian Health Service Operator, Inc, 37195 PROPOSED RULES Environmental Assessment Statements; Availability, etc.: Regulatory Agenda: FFP Missouri 5, LLC FFP Missouri 6, LLC Solia 6 Semiannual Regulatory Agenda, 37294–37306 Hydroelectric, LLC, 37191–37192 NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Columbia Gulf Transmission, LLC, 37192–37195 Submissions, and Approvals, 37198–37199 Permit Applications: Energy Resources USA Inc., 37191 Homeland Security Department Post Technical Conference: See Coast Guard Review of Generator Interconnection Agreements and PROPOSED RULES Procedures; American Wind Energy Association, Regulatory Agenda: 37192 Semiannual Regulatory Agenda, 37308–37317 Housing and Urban Development Department Federal Mine Safety and Health Review Commission PROPOSED RULES NOTICES Regulatory Agenda: Meetings; Sunshine Act, 37196 Semiannual Regulatory Agenda, 37320–37321
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NOTICES Plats of Survey: Regulatory Waiver Requests Granted for First Quarter of Colorado, 37209–37210 Calendar Year 2016, 37200–37207 National Aeronautics and Space Administration Indian Affairs Bureau PROPOSED RULES NOTICES Regulatory Agenda: Requests for Nominations: Semiannual Regulatory Agenda, 37390, 37400–37405 Bureau of Indian Education Advisory Board for Exceptional Children, 37208–37209 National Highway Traffic Safety Administration Indian Health Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, 3D Surrogate Vehicle Scanning Event, 37238–37239 Submissions, and Approvals: Indian Self-Determination and Education Assistance Act National Oceanic and Atmospheric Administration Contracts, 37199–37200 RULES Fisheries of the Caribbean, Gulf of Mexico, and South Industry and Security Bureau Atlantic: NOTICES South Atlantic Snowy Grouper; Commercial Agency Information Collection Activities; Proposals, Accountability Measure and Closure, 37164–37165 Submissions, and Approvals: NOTICES Delivery Verification Procedure for Imports, 37179 Harmful Algal Blooms Program: International Import Certificate, 37179–37180 Regional Rotations; Termination, 37187 Meetings: Interior Department Atlantic Shark Identification Workshops and Protected See Fish and Wildlife Service Species Safe Handling, Release, and Identification See Indian Affairs Bureau Workshops, 37184–37186 See Land Management Bureau Caribbean Fishery Management Council, 37186–37187 See Office of Natural Resources Revenue Permits: PROPOSED RULES Foreign Fishing, 37184 Regulatory Agenda: Semiannual Regulatory Agenda, 37324–37327 Nuclear Regulatory Commission PROPOSED RULES International Trade Administration Regulatory Agenda: NOTICES Semiannual Regulatory Agenda, 37466–37468 Implementation of Determinations Pursuant to Section 129 of the Uruguay Round Agreements Act, 37180–37184 Office of Natural Resources Revenue International Trade Commission RULES NOTICES Civil Monetary Penalties Inflation Adjustment, 37153– Investigations; Determinations, Modifications, and Rulings, 37156 etc.: Certain Mobile and Portable Electronic Devices Postal Regulatory Commission Incorporating Haptics (Including Smartphones and NOTICES Laptops) and Components Thereof, 37210–37211 New Postal Products, 37216–37217
Justice Department Postal Service See Antitrust Division NOTICES PROPOSED RULES Product Changes: Regulatory Agenda: Priority Mail Negotiated Service Agreement, 37217–37218 Semiannual Regulatory Agenda, 37330–37331
Labor Department Presidential Documents ADMINISTRATIVE ORDERS PROPOSED RULES Regulatory Agenda: Defense and National Security: Semiannual Regulatory Agenda, 37334–37339 National Defense Authorization Act for Fiscal Year 2012 NOTICES (Presidential Determination No. 2016–06 of May 19, Agency Information Collection Activities; Proposals, 2016), 37481–37482 Submissions, and Approvals: Jerusalem Embassy Act; Suspension of Limitations Summary Plan Description Requirements Under the (Presidential Determination No. 2016–07 of June 1, Employee Retirement Income Security Act, as 2016), 37483 Amended, 37215–37216 North Korea Sanctions and Policy Enhancement Act of 2016; Delegation of Functions and Authorities Land Management Bureau (Memorandum of May 18, 2016), 37477–37480 NOTICES Meetings: Railroad Retirement Board Dominguez–Escalante National Conservation Area NOTICES Advisory Council, 37210 Privacy Act of 1974; Matching Program, 37218–37219
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Regulatory Information Service Center Requests for Nominations: PROPOSED RULES Practitioners Advisory Group, 37240–37241 Regulatory Agenda: Semiannual Regulatory Agenda, 37244–37248 Separate Parts In This Issue Rural Utilities Service RULES Part II Rural Broadband Access Loans and Loan Guarantees, Regulatory Information Service Center, 37244–37248 37121–37122 Part III Securities and Exchange Commission Agriculture Department, 37250–37259 RULES Summary of Form 10-K, 37132–37138 Part IV PROPOSED RULES Commerce Department, 37262–37278 Regulatory Agenda: Semiannual Regulatory Agenda, 37470–37473 Part V NOTICES Defense Department, 37280–37281 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 37231–37232 Part VI Self-Regulatory Organizations; Proposed Rule Changes: Education Department, 37284–37285 Fixed Income Clearing Corp., 37220–37222 Miami International Securities Exchange LLC, 37219– Part VII 37220 Energy Department, 37288–37291 National Securities Clearing Corp., 37229–37231 NYSE Arca, Inc., 37222–37229 Part VIII The Depository Trust Co., 37232–37236 Health and Human Services Department, 37294–37306
Small Business Administration Part IX PROPOSED RULES Homeland Security Department, 37308–37317 Regulatory Agenda: Part X Semiannual Regulatory Agenda, 37392–37398 Housing and Urban Development Department, 37320–37321 Social Security Administration Part XI RULES Interior Department, 37324–37327 Medical Criteria for Evaluating Respiratory System Disorders, 37138–37153 Part XII Justice Department, 37330–37331 State Department NOTICES Part XIII Meetings: Labor Department, 37334–37339 International Security Advisory Board, 37236 Part XIV Surface Transportation Board Transportation Department, 37342–37363 PROPOSED RULES Regulatory Agenda: Part XV Semiannual Regulatory Agenda, 37476 Treasury Department, 37366–37367 NOTICES Discontinuance of Service Exemptions: Part XVI CSX Transportation, Inc., Boone County, WV, 37236– Architectural and Transportation Barriers Compliance 37237 Board, 37370–37371
Transportation Department Part XVII See Federal Aviation Administration Environmental Protection Agency, 37374–37383 See Federal Railroad Administration See National Highway Traffic Safety Administration Part XVIII PROPOSED RULES General Services Administration, 37386–37387 Regulatory Agenda: Semiannual Regulatory Agenda, 37342–37363 Part XIX National Aeronautics and Space Administration, 37390 Treasury Department See Foreign Assets Control Office Part XX PROPOSED RULES Small Business Administration, 37392–37398 Regulatory Agenda: Semiannual Regulatory Agenda, 37366–37367 Part XXI Department of Defense, 37400–37405 United States Sentencing Commission General Services Administration, 37400–37405 NOTICES National Aeronautics and Space Administration, 37400– Proposed Priorities for Amendment Cycle, 37241–37242 37405
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Part XXII Part XXIX Commodity Futures Trading Commission, 37408–37409 Surface Transportation Board, 37476 Part XXIII Bureau of Consumer Financial Protection, 37412–37415 Part XXX Presidential Documents, 37477–37483 Part XXIV Consumer Product Safety Commission, 37418–37421
Part XXV Reader Aids Federal Communications Commission, 37424–37460 Consult the Reader Aids section at the end of this issue for Part XXVI phone numbers, online resources, finding aids, and notice Federal Reserve System, 37462–37463 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Part XXVII LISTSERV electronic mailing list, go to http:// Nuclear Regulatory Commission, 37466–37468 listserv.access.gpo.gov and select Online mailing list Part XXVIII archives, FEDREGTOC-L, Join or leave the list (or change Securities and Exchange Commission, 37470–37473 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 Administrative Orders: Memorandums: Memorandum of May 18, 2016 ...... 37479 Presidential Determinations: No. 2016–06 of May 19, 2016 ...... 37481 No. 2016–07 of June 1, 2016 ...... 37483 7 CFR 1738...... 37121 14 CFR 39 (2 documents) ...... 37122, 37124 71 (2 documents) ...... 37126, 37127 Proposed Rules: 39...... 37166 16 CFR 1227...... 37128 17 CFR 249...... 37132 20 CFR 404...... 37138 416...... 37138 21 CFR 14...... 37153 30 CFR 1241...... 37153 33 CFR 100...... 37156 117 (3 documents) ...... 37156, 37157, 37158 165...... 37158 Proposed Rules: 110...... 37168 40 CFR 52 (2 documents) ...... 37160, 37162 Proposed Rules: 52 (2 documents) ...... 37170, 37175 42 CFR Proposed Rules: 405...... 37175 412...... 37175 413...... 37175 485...... 37175 50 CFR 622...... 37164
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Rules and Regulations Federal Register Vol. 81, No. 111
Thursday, June 9, 2016
This section of the FEDERAL REGISTER revision, the Agency published an area where an application is being contains regulatory documents having general interim rule on July 30, 2015 in the considered, RUS has developed a multi- applicability and legal effect, most of which Federal Register (80 FR 45397) so that layer approach to locate them. First, are keyed to and codified in the Code of the program could immediately reopen. when an application is submitted, the Federal Regulations, which is published under The Agency invited comments to guide proposed service territory maps will be 50 titles pursuant to 44 U.S.C. 1510. its efforts in drafting the new posted online utilizing the RUS The Code of Federal Regulations is sold by procedures implementing the 2014 Mapping Tool and existing service the Superintendent of Documents. Prices of Farm Bill and received comments from providers may respond to the public new books are listed in the first FEDERAL the National Cable & notice. If three or more existing REGISTER issue of each week. Telecommunications Association, WTA- providers are identified in the area and Advocates for Rural Broadband and Mr. they meet the minimum eligibility James Cook. These comments and the speeds, then that area is considered DEPARTMENT OF AGRICULTURE Agency’s responses are summarized as ineligible for funding. If no providers follows: respond to the public notice, then the Rural Utilities Service Agency will have its field staff visit the Broadband Service and Broadband proposed service area and locate all Lending Speed Definitions 7 CFR Part 1738 broadband providers in the area. The RIN 0572–AC06 Comment: Respondents commented field staff will contact these providers that the definitions for Broadband and request that they respond to the Rural Broadband Access Loans and Service, which sets the eligibility public notice. Loan Guarantees standard for an area, and Broadband Lending Speed, which sets the Area Eligibility AGENCY: Rural Utilities Service, USDA. construction standard, are too low and Comment: One respondent suggested ACTION: Final rule; confirmation. should be raised to higher standards to that instead of three incumbents making be more in line with the current Federal a service area ineligible for funding, that SUMMARY: The Rural Utilities Service Communications Commission (FCC) the requirement be changed to two (RUS), hereinafter referred to as the definition for broadband of 25 megabits incumbents. The respondent also Agency, is confirming the interim final downstream and 3 megabits upstream. suggested that the definition of rule published in the Federal Register Response: As the respondents noted broadband service be raised to the on July 30, 2015, which amends its in their comments, the regulation current FCC definition for broadband of regulation for the Rural Broadband establishes a process to change these 25 megabits downstream and three Access Loan and Loan Guarantee definitions by publishing new megabits upstream. Program (Broadband Loan Program). requirements when a NOSA/NOFA is Response: Although there is merit in DATES: Effective June 9, 2016. published opening up an application using a higher bandwidth definition to FOR FURTHER INFORMATION CONTACT: window. The Agency agrees that higher determine area eligibility, the Keith Adams, Assistant Administrator, definitions would be beneficial to rural requirement that three incumbents in an Telecommunications Program, Rural residents. However, when these area make that area ineligible is a Utilities Program, U.S. Department of definitions are set, it is not only the statutory requirement and cannot be Agriculture, 1400 Independence Avenue bandwidth requirement for rural areas changed. The regulation does allow for SW., STOP 1590, Room 5151–S, that is considered but also the amount the eligibility definition to be changed Washington, DC 20250–1590. of funding that is available for any given and the Agency will consider higher application window. If a higher speeds whenever a NOSA/NOFA is Telephone number: (202) 720–9554, definition for bandwidth is used, more published. As stated previously, the Facsimile: (202) 720–0810. of the country then becomes eligible for Agency must also recognize the amount SUPPLEMENTARY INFORMATION: Since the funding. When limited funding is of funding that is available each time an inception of the Broadband Loan available, the Agency has to ensure that application window is opened and will Program, the Agency has faced, and those funds are directed to the most set the eligibility definition accordingly. continues to face, significant challenges unserved rural areas. The Agency will Affordable Rates in delivering the program due to the re-evaluate these requirements every following factors: (1) The significant time a NOSA/NOFA is published and Comment: One commenter reiterated number of applicants proposing to offer set the standards accordingly. that broadband service in rural areas broadband service that are start-ups needs to be affordable. with limited resources; (2) the continual Overbuilding Response: Applicants must complete evolution of telecommunications Comment: Respondents commented a market survey and a competitive technology; and (3) the associated that the RUS investment should go into analysis of all providers in the proposed higher costs of serving rural unserved areas and that the Agency service area as part of the application. communities. With the enactment of the count all terrestrial providers in the This ensures that price points are set at Agricultural Act of 2014 (the 2014 Farm proposed service territory when the proper level for the area in question Bill), the Broadband Loan Program has determining area eligibility. and that the operation is sustainable. been significantly modified, and was Response: RUS agrees that unserved There is a balance between providing suspended while the Agency revised areas should be the target of the high quality broadband service and this regulation. Given that the program program. To ensure that all terrestrial charging the appropriate rate. It must be was unable to operate during the broadband providers are counted in an recognized that in less dense population
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areas, it may be necessary to charge a The Rural Utilities Service did not 4233; or in person at the Docket higher rate to ensure the viability of the receive any significant adverse Management Facility, U.S. Department operation. comments during the public comment of Transportation, Docket Operations, period on the interim rule, and therefore M–30, West Building Ground Floor, Affiliated Companies confirms the rule without change. Room W12–140, 1200 New Jersey Comment: One commenter proposed Avenue SE., Washington, DC 20590. that affiliate or affiliated companies PART 1738—RURAL BROADBAND For service information identified in providing broadband service in the ACCESS LOANS AND LOAN this AD, contact BLANIK LIMITED, 2nd same proposed funded service area GUARANTEES Floor Beaux Lane House, Mercer Street should be recognized as one incumbent Accordingly, the interim rule Lower, Dublin 2, Republic of Ireland; service provider when considering if an amending 7 CFR part 1738 which was phone: +420 733 662 194; email: info@ area is eligible for funding. published at 80 FR 45397 on July 30, blanik.aero; Internet: http:// Response: Each company that is www.blanik.aero/ providing broadband service in an area 2015, is adopted as a final rule without _ change. %EF%BB%BFcustomer support. You and meets the definition of an may view this referenced service incumbent service provider will be Dated: May 26, 2016. information at the FAA, Small Airplane counted as an incumbent service Brandon McBride, Directorate, 901 Locust, Kansas City, provider in determining the eligibility of Administrator, Rural Utilities Service. Missouri 64106. For information on the an area. RUS cannot treat legally [FR Doc. 2016–13302 Filed 6–8–16; 8:45 am] availability of this material at the FAA, established companies properly acting BILLING CODE P call (816) 329–4148. It is also available as independent companies as the same on the Internet at http:// entity. www.regulations.gov by searching for Broadband Usage Restrictions DEPARTMENT OF TRANSPORTATION Docket No. FAA–2016–4233. FOR FURTHER INFORMATION CONTACT: Jim Comment: One commenter Federal Aviation Administration Rutherford, Aerospace Engineer, 901 recommended that if a company has Locust, Room 301, Kansas City, capped the amount of bandwidth that is 14 CFR Part 39 Missouri 64106; telephone: (816) 329– allowed for a given period, that 4165; fax: (816) 329–4090; email: additional standards should be [Docket No. FAA–2016–4233; Directorate [email protected]. established in determining if this Identifier 2016–CE–003–AD; Amendment provider would be counted as an 39–18540; AD 2016–11–13] SUPPLEMENTARY INFORMATION: incumbent service provider when RIN 2120–AA64 Discussion determining service eligibility. Response: The Agency appreciates Airworthiness Directives; BLANIK We issued a notice of proposed this suggestion and will consider it LIMITED Gliders rulemaking (NPRM) to amend 14 CFR during the next revision to the part 39 by adding an AD that would AGENCY: Federal Aviation regulation. The main goal of the apply to BLANIK LIMITED Models L–13 Administration (FAA), Department of Blanik and L–13 AC Blanik gliders. That program is to provide funding to areas Transportation (DOT). that do not have any broadband service. NPRM was published in the Federal ACTION: Most companies that cap bandwidth Final rule. Register on March 4, 2016 (81 FR 11473), and proposed to supersede AD have options where a consumer can buy SUMMARY: We are superseding more bandwidth at an additional cost. 99–19–33, Amendment 39–11320 (64 airworthiness directive (AD) 99–19–33 FR 50440; September 17, 1999) (‘‘AD Wireless Broadband Service for BLANIK LIMITED Models L–13 99–19–33’’). Blanik and L–13 AC Blanik gliders (type The NPRM proposed to correct an Comment: One commenter certificate previously held by LET recommended that wireless solutions unsafe condition for the specified Aeronautical Works). This AD results products and was based on mandatory for broadband service should be from mandatory continuing validated during busy hour/busy time continuing airworthiness information airworthiness information (MCAI) (MCAI) originated by an aviation when determining if the wireless issued by an aviation authority of provider meets the definition for an authority of another country. The MCAI another country to identify and correct states that: incumbent service provide when an unsafe condition on an aviation determining area eligibility. product. The MCAI describes the unsafe Colour marking of elevator drive is not Response: There are many levels of inspected or re-painted during sailplane condition as lack of distinct color providing broadband service and a operation. The elevator drive is asymmetrical marking of the elevator drive. We are number of ways for determining this. and improper installation causes significant issuing this AD to require actions to The Agency has elected to use elevator deflection changes. address the unsafe condition on these advertised broadband rates that are The MCAI can be found in the AD products. being sold and to validate that this level docket on the Internet at: https:// of service is being provided in an area. DATES: This AD is effective July 14, www.regulations.gov/ We will consider implementing 2016. #!documentDetail;D=FAA-2016-4233- additional tests the next time the The Director of the Federal Register 0003. regulation is revised. If tests of this approved the incorporation by reference A review of records since issuance of nature are implemented for wireless of a certain other publication listed in AD 99–19–33 revealed that the FAA service providers then corresponding this AD as of November 8, 1999 (64 FR inadvertently did not address this MCAI tests will have to be implemented for 50440, September 17, 1999). for the EVEKTOR, spol. s.r.o. Models L wireline service providers. ADDRESSES: You may examine the AD 13 SEH VIVAT and L 13 SDM VIVAT The Agency appreciates the interest of docket on the Internet at http:// gliders and the BLANIK LIMITED the commenters and thanks them for www.regulations.gov by searching for Model L–13 AC Blanik gliders. This AD their comment submissions. and locating Docket No. FAA–2016– would supersede AD 99–19–13 to add
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the BLANIK LIMITED Model L–13 AC General requirements.’’ Under that PART 39—AIRWORTHINESS Blanik gliders to the applicability of the section, Congress charges the FAA with DIRECTIVES AD. promoting safe flight of civil aircraft in The FAA is addressing the EVEKTOR, air commerce by prescribing regulations ■ 1. The authority citation for part 39 spol. s.r.o. Models L 13 SEH VIVAT and for practices, methods, and procedures continues to read as follows: L 13 SDM VIVAT gliders in another AD the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. action. safety in air commerce. This regulation is within the scope of that authority § 39.13 [Amended] Comments because it addresses an unsafe condition ■ 2. The FAA amends § 39.13 by We gave the public the opportunity to that is likely to exist or develop on removing Amendment 39–11320 (64 FR participate in developing this AD. We products identified in this rulemaking 50440, September 17, 1999) and adding received no comments on the NPRM (81 action. the following new AD: FR 11473, March 4, 2016) or on the Regulatory Findings 2016–11–13 BLANIK LIMITED: determination of the cost to the public. Amendment 39–18540; Docket No. FAA–2016–4233; Directorate Identifier Conclusion We determined that this AD will not have federalism implications under 2016–CE–003–AD. We reviewed the relevant data and Executive Order 13132. This AD will (a) Effective Date determined that air safety and the not have a substantial direct effect on public interest require adopting the AD This airworthiness directive (AD) becomes the States, on the relationship between effective July 14, 2016. as proposed except for minor editorial the national government and the States, changes. We have determined that these (b) Affected ADs or on the distribution of power and minor changes: This AD supersedes AD 99–19–33, responsibilities among the various • Are consistent with the intent that Amendment 39–11320 (64 FR 50440; levels of government. was proposed in the NPRM (81 FR September 17, 1999) (‘‘AD 99–19–33’’). 11473, March 4, 2016) for correcting the For the reasons discussed above, I (c) Applicability unsafe condition; and certify this AD: • This AD applies to BLANIK LIMITED Do not add any additional burden (1) Is not a ‘‘significant regulatory Models L–13 Blanik and L–13 AC Blanik upon the public than was already action’’ under Executive Order 12866, gliders (type certificate previously held by proposed in the NPRM (81 FR 11473, (2) Is not a ‘‘significant rule’’ under LET Aeronautical Works), all serial numbers, certificated in any category. March 4, 2016). the DOT Regulatory Policies and Related Service Information Procedures (44 FR 11034, February 26, (d) Subject 1979), We reviewed LET Aeronautical Works Air Transport Association of America (ATA) Code 27: Flight Controls. LET Mandatory Bulletin MB No.: L13/ (3) Will not affect intrastate aviation 082a, dated December 10, 1998. The in Alaska, and (e) Reason service information describes (4) Will not have a significant This AD was prompted by mandatory procedures for painting the left arm of economic impact, positive or negative, continuing airworthiness information (MCAI) the elevator drive. This service on a substantial number of small entities originated by an aviation authority of another information is reasonably available under the criteria of the Regulatory country to identify and correct an unsafe because the interested parties have condition on an aviation product. The MCAI Flexibility Act. describes the unsafe condition as lack of access to it through their normal course Examining the AD Docket distinct color marking of the elevator drive. of business or by the means identified We are issuing this AD to prevent inadvertent in the ADDRESSES section of the AD. You may examine the AD docket on backward installation of the elevator drive, which could cause significant elevator Costs of Compliance the Internet at http:// www.regulations.gov by searching for deflection changes and lead to loss of control. We estimate that this AD will affect and locating Docket No. FAA–2016– (f) Actions and Compliance 124 products of U.S. registry. We also 4233; or in person at the Docket estimate that it would take about 1 Unless already done, do the following Management Facility between 9 a.m. actions in paragraphs (f)(1) and (f)(2) of this work-hour per product to comply with and 5 p.m., Monday through Friday, AD, including all subparagraphs: the basic requirements of this AD. The except Federal holidays. The AD docket (1) Model L–13 Blanik gliders: average labor rate is $85 per work-hour. contains the NPRM, the regulatory (i) Within the next 3 calendar months after Required parts would cost about $10 per November 8, 1999 (the effective date retained evaluation, any comments received, and from AD 99–19–33), paint the elevator drive product. other information. The street address for Based on these figures, we estimate mechanism using a contrasting color (such as the Docket Office (telephone (800) 647– the cost of the AD on U.S. operators to red) following the procedures in LET 5527) is in the ADDRESSES section. Mandatory Bulletin MB No.: L13/082a, dated be $11,780, or $95 per product. Comments will be available in the AD December 10, 1998. Authority for This Rulemaking docket shortly after receipt. (ii) As of November 8, 1999 (the effective date retained from AD 99–19–33), only Title 49 of the United States Code List of Subjects in 14 CFR Part 39 install an elevator bellcrank that has been specifies the FAA’s authority to issue painted as specified in paragraph (f)(1)(i) of rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation this AD and that has been properly oriented section 106, describes the authority of safety, Incorporation by reference, to make sure it is not being installed the FAA Administrator. ‘‘Subtitle VII: Safety. backward. Aviation Programs,’’ describes in more (2) Model L–13 AC Blanik gliders: Adoption of the Amendment (i) Within the next 3 calendar months after detail the scope of the Agency’s July 14, 2016 (the effective date of this AD), authority. Accordingly, under the authority paint the elevator drive mechanism using a We are issuing this rulemaking under delegated to me by the Administrator, contrasting color (such as red) following the the authority described in ‘‘Subtitle VII, the FAA amends 14 CFR part 39 as procedures in LET Mandatory Bulletin MB Part A, Subpart III, Section 44701: follows: No.: L13/082a, dated December 10, 1998.
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(ii) As of July 14, 2016 (the effective date Administration (NARA). For information on Letecka 1008, 686 04 Kunovice, Czech of this AD), only install an elevator bellcrank the availability of this material at NARA, call Republic; phone: +420 572 537 428; that has been painted as specified in 202–741–6030, or go to: http:// email: [email protected]; Internet: paragraph (f)(2)(i) of this AD and that has www.archives.gov/federal-register/cfr/ibr- http://www.evektor.cz/en/sales-and- been properly oriented to make sure it is not locations.html. being installed backward. support. You may view this referenced Issued in Kansas City, Missouri, on May service information at the FAA, Small (g) Other FAA AD Provisions 20, 2016. Airplane Directorate, 901 Locust, The following provisions also apply to this Pat Mullen, Kansas City, Missouri 64106. For AD: Acting Manager, Small Airplane Directorate, information on the availability of this (1) Alternative Methods of Compliance Aircraft Certification Service. material at the FAA, call (816) 329– (AMOCs): The Manager, Standards Office, [FR Doc. 2016–12591 Filed 6–8–16; 8:45 am] FAA, has the authority to approve AMOCs 4148. It is also available on the Internet for this AD, if requested using the procedures BILLING CODE 4910–13–P at http://www.regulations.gov by found in 14 CFR 39.19. Send information to searching for Docket No. FAA–2016– ATTN: Jim Rutherford, Aerospace Engineer, 4230. DEPARTMENT OF TRANSPORTATION FAA, Small Airplane Directorate, 901 Locust, FOR FURTHER INFORMATION CONTACT: Jim Room 301, Kansas City, Missouri 64106; Rutherford, Aerospace Engineer, 901 telephone: (816) 329–4165; fax: (816) 329– Federal Aviation Administration 4090; email: [email protected]. Before Locust, Room 301, Kansas City, using any approved AMOC on any airplane 14 CFR Part 39 Missouri 64106; telephone: (816) 329– to which the AMOC applies, notify your 4165; fax: (816) 329–4090; email: appropriate principal inspector (PI) in the [Docket No. FAA–2016–4230; Directorate [email protected]. Identifier 2015–CE–041–AD; Amendment FAA Flight Standards District Office (FSDO), SUPPLEMENTARY INFORMATION: or lacking a PI, your local FSDO. 39–18539; AD 2016–11–12] (2) Airworthy Product: For any requirement Discussion RIN 2120–AA64 in this AD to obtain corrective actions from We issued a notice of proposed a manufacturer or other source, use these actions if they are FAA-approved. Corrective Airworthiness Directives; EVEKTOR, rulemaking (NPRM) to amend 14 CFR actions are considered FAA-approved if they spol. s.r.o. Gliders part 39 by adding an AD that would are approved by the State of Design Authority apply to EVEKTOR, spol. s.r.o. Models AGENCY: Federal Aviation (or their delegated agent). You are required L 13 SEH VIVAT and L 13 SDM VIVAT to assure the product is airworthy before it Administration (FAA), Department of gliders. That NPRM was published in is returned to service. Transportation (DOT). the Federal Register on March 4, 2016 ACTION: (h) Related Information Final rule. (81 FR 11465), and proposed to supersede AD 2000–20–12, Amendment Refer to MCAI Civil Aviation Authority AD SUMMARY: We are superseding 39–11923 (65 FR 61262, October 17, CAA–AD–4–099/98, dated December 30, airworthiness directive (AD) 2000–20– 1998, for related information. The MCAI can 2000). 12 for EVEKTOR, spol. s.r.o. Models L The NPRM proposed to correct an be found in the AD docket on the Internet at: 13 SEH VIVAT and L 13 SDM VIVAT https://www.regulations.gov/# unsafe condition for the specified !documentDetail;D=FAA-2016-4233-0003. gliders (type certificate previously held products and was based on mandatory by AEROTECHNIK s.r.o.). This AD (i) Material Incorporated by Reference continuing airworthiness information results from mandatory continuing (MCAI) originated by an aviation (1) The Director of the Federal Register airworthiness information (MCAI) approved the incorporation by reference authority of another country. The MCAI issued by an aviation authority of states that: (IBR) of the service information listed in this another country to identify and correct paragraph under 5 U.S.C. 552(a) and 1 CFR an unsafe condition on an aviation To prevent destruction of tail-fuselage part 51. attachment fitting which can lead to loss of (2) You must use this service information product. The MCAI describes the unsafe condition as insufficient material control of the sailplane. This destruction as applicable to do the actions required by could be caused due to lower strength of the this AD, unless the AD specifies otherwise. strength of the tail-fuselage attachment material used during production. (3) The following service information was fitting. We are issuing this AD to require approved for IBR on November 8, 1999 (64 actions to address the unsafe condition The MCAI can be found in the AD FR 50440, September 17, 1999). on these products. docket on the Internet at: https:// (i) LET Mandatory Bulletin MB No.: L13/ www.regulations.gov/ DATES: This AD is effective July 14, 082a, dated December 10, 1998. #!documentDetail;D=FAA-2016-4230- 2016. (ii) Reserved. 0003. (4) For service information identified in The Director of the Federal Register A review of records since issuance of this AD, contact BLANIK LIMITED, 2nd approved the incorporation by reference AD 2000–20–12 revealed that the FAA Floor Beaux Lane House, Mercer Street of a certain other publication listed in Lower, Dublin 2, Republic of Ireland; phone: inadvertently did not address this MCAI this AD as of November 27, 2000 (65 FR for the EVEKTOR, spol. s.r.o. Model L +420 733 662 194; email: [email protected]; 61262, October 17, 2000). Internet: http://www.blanik.aero/%EF%BB% 13 SDM VIVAT gliders and the BLANIK BFcustomer_support. ADDRESSES: You may examine the AD LIMITED Model L–13 AC Blanik gliders. (5) You may view this service information docket on the Internet at http:// This AD supersedes AD 2000–20–12 to at FAA, Small Airplane Directorate, 901 www.regulations.gov by searching for add the EVECTOR, spol. s.r.o. Model L Locust, Kansas City, Missouri 64106. For and locating Docket No. FAA–2016– 13 SDM VIVAT gliders to the information on the availability of this 4230; or in person at the Docket applicability of the AD. material at the FAA, call (816) 329–4148. In Management Facility, U.S. Department The FAA is addressing the BLANIK addition, you can access this service of Transportation, Docket Operations, information on the Internet at http:// LIMITED Model L–13 AC Blanik gliders www.regulations.gov by searching for and M–30, West Building Ground Floor, in another AD action. Room W12–140, 1200 New Jersey locating Docket No. FAA–2016–4233. Comments (6) You may view this service information Avenue SE., Washington, DC 20590. that is incorporated by reference at the For service information identified in We gave the public the opportunity to National Archives and Records this AD, contact EVEKTOR, spol. s.r.o, participate in developing this AD. We
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received no comments on the NPRM (81 have included all costs in our cost Comments will be available in the AD FR 11465, March 4, 2016) or on the estimate. docket shortly after receipt. determination of the cost to the public. Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Conclusion Title 49 of the United States Code Air transportation, Aircraft, Aviation We reviewed the relevant data and specifies the FAA’s authority to issue safety, Incorporation by reference, determined that air safety and the rules on aviation safety. Subtitle I, Safety. public interest require adopting the AD section 106, describes the authority of Adoption of the Amendment as proposed except for minor editorial the FAA Administrator. ‘‘Subtitle VII: changes. We identified that we Aviation Programs,’’ describes in more Accordingly, under the authority inadvertently included a parts cost for detail the scope of the Agency’s delegated to me by the Administrator, the initial inspection in the NPRM (81 authority. the FAA amends 14 CFR part 39 as FR 11465, March 4, 2016), and we We are issuing this rulemaking under follows: removed that parts cost from this final the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS rule AD action. The basic estimated cost Part A, Subpart III, Section 44701: DIRECTIVES for U.S. operators remains the same. We General requirements.’’ Under that have determined that these minor section, Congress charges the FAA with ■ 1. The authority citation for part 39 changes: promoting safe flight of civil aircraft in continues to read as follows: • Are consistent with the intent that air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. was proposed in the NPRM (81 FR for practices, methods, and procedures 11465, March 4, 2016) for correcting the the Administrator finds necessary for § 39.13 [Amended] unsafe condition; and safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by • Do not add any additional burden is within the scope of that authority removing Amendment 39–11923 (65 FR upon the public than was already because it addresses an unsafe condition 61262; October 17, 2000) and adding the proposed in the NPRM (81 FR 11465, that is likely to exist or develop on following new AD: products identified in this rulemaking March 4, 2016). 2016–11–12 EVEKTOR, spol. s.r.o.: action. Related Service Information Under 1 Amendment 39–18539; Docket No. CFR Part 51 Regulatory Findings FAA–2016–4230; Directorate Identifier 2015–CE–041–AD. AEROTECHNIK CZ s.r.o. issued We determined that this AD will not Mandatory Service Bulletin SEH 13– have federalism implications under (a) Effective Date 005a, dated November 18, 1999. The Executive Order 13132. This AD will This airworthiness directive (AD) becomes service information describes not have a substantial direct effect on effective July 14, 2016. procedures for testing the material the States, on the relationship between (b) Affected ADs strength of attachment fitting part the national government and the States, This AD supersedes AD 2000–20–12, number A 102 021N and instructions for or on the distribution of power and Amendment 39–11923 (65 FR 61262; October contacting the manufacturer for responsibilities among the various 17, 2000) (‘‘AD 2000–20–12’’). replacement information if necessary. levels of government. (c) Applicability This service information is reasonably For the reasons discussed above, I available because the interested parties certify this AD: This AD applies to EVEKTOR, spol. s.r.o. have access to it through their normal Models L 13 SEH VIVAT and L 13 SDM (1) Is not a ‘‘significant regulatory VIVAT gliders (type certificate previously course of business or by the means action’’ under Executive Order 12866, held by AEROTECHNIK s.r.o.), all serial identified in the ADDRESSES section of (2) Is not a ‘‘significant rule’’ under numbers, certificated in any category. the AD. the DOT Regulatory Policies and (d) Subject Costs of Compliance Procedures (44 FR 11034, February 26, 1979), Air Transport Association of America We estimate that this AD will affect 9 (3) Will not affect intrastate aviation (ATA) Code 53: Fuselage. products of U.S. registry. We also in Alaska, and (e) Reason estimate that it would take about 4 (4) Will not have a significant This AD was prompted by mandatory work-hours per product to comply with economic impact, positive or negative, continuing airworthiness information (MCAI) the basic requirements of this AD. The on a substantial number of small entities originated by an aviation authority of another average labor rate is $85 per work-hour. under the criteria of the Regulatory country to identify and correct an unsafe Based on these figures, we estimate Flexibility Act. condition on an aviation product. The MCAI the cost of the AD on U.S. operators to describes the unsafe condition as insufficient be $3,060, or $340 per product. Examining the AD Docket material strength of the tail-fuselage In addition, we estimate that any attachment fitting. We are issuing this You may examine the AD docket on proposed AD to detect and correct tail- necessary follow-on actions would take the Internet at http:// fuselage fittings with insufficient material about 16 work-hours and require parts www.regulations.gov by searching for strength, which if left uncorrected could costing $500, for a cost of $1,860 per and locating Docket No. FAA–2016– result in detachment of the tail from the product. We have no way of 4230; or in person at the Docket fuselage with consequent loss of control. determining the number of products Management Facility between 9 a.m. (f) Actions and Compliance that may need these actions. and 5 p.m., Monday through Friday, According to the manufacturer, some except Federal holidays. The AD docket Unless already done, do the following actions in paragraphs (f)(1) and (f)(2) of this of the costs of this AD may be covered contains the NPRM, the regulatory AD, including all subparagraphs: under warranty, thereby reducing the evaluation, any comments received, and (1) Model L 13 SEH VIVAT gliders: cost impact on affected individuals. We other information. The street address for (i) Within the next 60 days after November do not control warranty coverage for the Docket Office (telephone (800) 647– 27, 2000 (the effective date retained from AD affected individuals. As a result, we 5527) is in the ADDRESSES section. 2000–20–12), inspect the tail-fuselage
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attachment fitting, part number (P/N) A 102 (h) Related Information SUMMARY: This action amends 021N, for damage and material hardness Refer to MCAI Civil Aviation Authority AD geographic coordinates of Billings Logan following the procedures in AEROTECHNIK CAA–AD–T–112/1999R1, dated November International Airport, Billings, MT, CZ s.r.o. Mandatory Service Bulletin SEH 13– 23, 1999, for related information. The MCAI under Class C airspace, due to recent 005a, dated November 18, 1999. can be found in the AD docket on the (ii) If you find the tail-fuselage attachment surveys of the airport. This action does Internet at: https://www.regulations.gov/ not change the boundaries or operating fitting is damaged or the material does not #!documentDetail;D=FAA-2016-4230-0003. meet the hardness requirements specified in requirements of the airspace. the service bulletin during the inspection (i) Material Incorporated by Reference DATES: Effective date 0901 UTC, required in paragraph (f)(1)(i) of this AD, (1) The Director of the Federal Register before further flight, you must contact the approved the incorporation by reference September 15, 2016. The Director of the manufacturer to obtain an FAA-approved (IBR) of the service information listed in this Federal Register approves this replacement part for P/N A 102 021N and paragraph under 5 U.S.C. 552(a) and 1 CFR incorporation by reference action under FAA-approved installation instructions and part 51. title 1, Code of Federal Regulations, part install the replacement part. Use the contact (2) You must use this service information 51, subject to the annual revision of information found in paragraph (i)(4) to as applicable to do the actions required by FAA Order 7400.9 and publication of contact the manufacturer. this AD, unless the AD specifies otherwise. conforming amendments. (iii) As of November 27, 2000 (the effective (3) The following service information was date retained from AD 2000–20–12), do not approved for IBR on November 27, 2000 (65 ADDRESSES: FAA Order 7400.9Z, install, on any glider, a P/N A 102 021N FR 61262, October 17, 2000). Airspace Designations and Reporting attachment fitting that has not passed the (i) AEROTECHNIK CZ s.r.o. Mandatory Points and subsequent amendments can inspection required in paragraph (f)(1)(i) of Service Bulletin SEH 13–005a, dated this AD. November 18, 1999. be viewed online at http://www.faa.gov/ (2) Model L 13 SDM VIVAT gliders: (ii) Reserved. airtraffic/publications/. For further (i) Within the next 60 days after July 14, (4) For service information identified in information, you can contact the 2016 (the effective date of this AD), inspect this AD, contact EVEKTOR, spol. s.r.o, Airspace Policy Group, Federal Aviation the tail-fuselage attachment fitting, P/N A Letecka 1008, 686 04 Kunovice, Czech Administration, 800 Independence 102 021N, for damage and material hardness Republic; phone: +420 572 537 428; email: Avenue SW., Washington DC, 20591; following the procedures in AEROTECHNIK [email protected]; Internet: http:// www.evektor.cz/en/sales-and-support. telephone: (202) 267–8783. The order is CZ s.r.o. Mandatory Service Bulletin SEH 13– also available for inspection at the 005a, dated November 18, 1999. (5) You may review copies of the (ii) If you find the tail-fuselage attachment referenced service information at the FAA, National Archives and Records fitting is damaged or the material does not Small Airplane Directorate, 901 Locust, Administration (NARA). For meet the hardness requirements specified in Kansas City, Missouri 64106. For information information on the availability of FAA the service bulletin during the inspection on the availability of this material at the Order 7400.9Z at NARA, call (202) 741– required in paragraph (f)(2)(i) of this AD, FAA, call (816) 329–4148. In addition, you 6030, or go to http://www.archives.gov/ before further flight, you must contact the can access this service information on the _ _ _ Internet at http://www.regulations.gov by federal register/code of federal- manufacturer to obtain an FAA-approved _ searching for and locating Docket No. FAA– regulations/ibr locations.html. replacement part for P/N A 102 021N and 2016–4230. FAA-approved installation instructions and FAA Order 7400.9, Airspace (6) You may view this service information install the replacement part. Use the contact Designations and Reporting Points, is that is incorporated by reference at the information found in paragraph (i)(4) to National Archives and Records published yearly and effective on contact the manufacturer. Administration (NARA). For information on September 15. (iii) As of July 14, 2016 (the effective date the availability of this material at NARA, call FOR FURTHER INFORMATION CONTACT: Paul of this AD), do not install, on any glider, a 202–741–6030, or go to: http:// P/N A 102 021N attachment fitting that has www.archives.gov/federal-register/cfr/ibr- Gallant, Airspace Policy Group, Office not passed the inspection required in locations.html. of Airspace Services, Federal Aviation paragraph (f)(2)(i) of this AD. Administration, 800 Independence Issued in Kansas City, Missouri, on May (g) Other FAA AD Provisions 20, 2016. Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. The following provisions also apply to this Pat Mullen, AD: Acting Manager, Small Airplane Directorate, SUPPLEMENTARY INFORMATION: (1) Alternative Methods of Compliance Aircraft Certification Service. (AMOCs): The Manager, Standards Office, Authority for This Rulemaking [FR Doc. 2016–12601 Filed 6–8–16; 8:45 am] FAA, has the authority to approve AMOCs for this AD, if requested using the procedures BILLING CODE 4910–13–P The FAA’s authority to issue rules found in 14 CFR 39.19. Send information to regarding aviation safety is found in ATTN: Jim Rutherford, Aerospace Engineer, Title 49 of the United States Code. DEPARTMENT OF TRANSPORTATION FAA, Small Airplane Directorate, 901 Locust, Subtitle I, Section 106 describes the Room 301, Kansas City, Missouri 64106; Federal Aviation Administration authority of the FAA Administrator. telephone: (816) 329–4165; fax: (816) 329– Subtitle VII, Aviation Programs, 4090; email: [email protected]. Before using any approved AMOC on any airplane 14 CFR Part 71 describes in more detail the scope of the to which the AMOC applies, notify your agency’s authority. This rulemaking is [Docket No. FAA–2016–0149; Airspace appropriate principal inspector (PI) in the promulgated under the authority Docket No. 15–AWA–8] FAA Flight Standards District Office (FSDO), described in Subtitle VII, Part A, or lacking a PI, your local FSDO. RIN 2120–AA66 Subpart I, Section 40103. Under that (2) Airworthy Product: For any requirement section, the FAA is charged with in this AD to obtain corrective actions from Amendment of Class C Airspace; prescribing regulations to assign the use a manufacturer or other source, use these Billings Logan International Airport, of airspace necessary to ensure the actions if they are FAA-approved. Corrective MT actions are considered FAA-approved if they safety of aircraft and the efficient use of are approved by the State of Design Authority AGENCY: Federal Aviation airspace. This regulation is within the (or their delegated agent). You are required Administration (FAA), DOT. scope of that authority as it updates the geographic coordinates of Billings Logan to assure the product is airworthy before it ACTION: Final rule. is returned to service. International Airport, Billings, MT.
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History number of small entities under the DEPARTMENT OF TRANSPORTATION During a review of the airspace for criteria of the Regulatory Flexibility Act. Federal Aviation Administration Billings Logan International Airport, Environmental Review Billings, MT, the FAA identified that 14 CFR Part 71 the airport’s geographic coordinates The FAA has determined that this were incorrect. This action updates the action qualifies for categorical exclusion [Docket No. FAA–2015–4452; Airspace geographic coordinates to coincide with under the National Environmental Docket No. 15–AWA–7] the FAA’s aeronautical database for the Policy Act in accordance with FAA RIN 2120–AA66 respective Class C airspace area. Order 1050.1F, ‘‘Environmental Class C airspace designations are Impacts: Policies and Procedures,’’ Amendment of Class C Airspace; published in paragraph 4000 of FAA paragraph 5–6.5a. This airspace action Capital Region International Airport, MI Order 7400.9Z dated August 6, 2015, is not expected to cause any potentially and effective September 15, 2015, which AGENCY: Federal Aviation significant environmental impacts, and is incorporated by reference in 14 CFR Administration (FAA), DOT. no extraordinary circumstances exist part 71.1. The Class C airspace ACTION: Final rule. designations listed in this document that warrant preparation of an will be published subsequently in the environmental assessment. SUMMARY: This action modifies the Lansing, MI, Class C airspace at the Order. Lists of Subjects in 14 CFR Part 71 Capital Region International Airport, Availability and Summary of Airspace, Incorporation by reference, formerly the Lansing Capital City Documents for Incorporation by Navigation (air). Airport, by removing a cutout from the Reference surface area that was put in place to This document amends FAA Order Adoption of the Amendment accommodate operations at an airport 7400.9Z, Airspace Designations and that is now permanently closed. This Reporting Points, dated August 6, 2015, In consideration of the foregoing, the action also updates the Capital Region and effective September 15, 2015. FAA Federal Aviation Administration International Airport name and Order 7400.9Z is publicly available as amends 14 CFR part 71 as follows: geographic coordinates to reflect the listed in the ADDRESSES section of this current information in the FAA’s PART 71 —DESIGNATION OF CLASS document. FAA Order 7400.9Z lists aeronautical database. The FAA is Class A, B, C, D, and E airspace areas, A, B, C, D, AND E AIRSPACE AREAS; taking this action to ensure the safe and air traffic service routes, and reporting AIR TRAFFIC SERVICE ROUTES; AND efficient operations at Capital Region points. REPORTING POINTS International Airport. DATES: Effective date 0901 UTC, The Rule ■ 1. The authority citation for part 71 September 15, 2016. The Director of the This amendment to Title 14, Code of continues to read as follows: Federal Register approves this Federal Regulations (14 CFR) part 71 Authority: 49 U.S.C. 106(f), 106(g); 40103, incorporation by reference action under amends Class C airspace at Billings 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1 CFR part 51, subject to the annual Logan International Airport, Billings, 1959–1963 Comp., p. 389. revision of FAA Order 7400.9 and MT, by adjusting the geographic publication of conforming amendments. coordinates to reflect recent survey data. § 71.1 [Amended] This is an administrative change and ADDRESSES: FAA Order 7400.9Z, does not affect the boundaries, altitudes, ■ 2. The incorporation by reference in Airspace Designations and Reporting or operating requirements of the 14 CFR 71.1 of FAA Order 7400.9Z, Points, and subsequent amendments can airspace, therefore, notice and public be viewed online at http://www.faa.gov/ Airspace Designations and Reporting _ procedure under 5 U.S.C. 553(b) is Points, dated August 6, 2015, effective air traffic/publications/. For further unnecessary. September 15, 2015, is amended as information, you can contact the Airspace Policy Group, Federal Aviation follows: Regulatory Notices and Analyses Administration, 800 Independence The FAA has determined that this Paragraph 4000 Class C Airspace. Avenue SW., Washington, DC 20591; regulation only involves an established * * * * * telephone: (202) 267–8783. The Order is body of technical regulations for which also available for inspection at the frequent and routine amendments are ANM MT C Billings, MT [Amended] National Archives and Records necessary to keep them operationally Billings Logan International Airport, MT Administration (NARA). For current, is non-controversial and (Lat. 45°48′28″ N., long. 108°32′34″ W.) information on the availability of FAA unlikely to result in adverse or negative That airspace extending upward from the Order 7400.9Z at NARA, call (202) 741– comments. It, therefore: (1) Is not a surface to and including 7,700 feet MSL 6030, or go to http://www.archives.gov/ ‘‘significant regulatory action’’ under within a 5-mile radius of the Billings Logan federal_register/code_of_federal- Executive Order 12866; (2) is not a International Airport; and that airspace regulations/ibr_locations.html. ‘‘significant rule’’ under DOT extending upward from 4,900 feet MSL to FAA Order 7400.9, Airspace Regulatory Policies and Procedures (44 and including 7,700 feet MSL within a 10- Designations and Reporting Points, is FR 11034; February 26, 1979); and (3) mile radius of the airport. published yearly and effective on does not warrant preparation of a Issued in Washington, DC, on, June 1, September 15. Regulatory Evaluation as the anticipated 2016. FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a Leslie M. Swann, Colby Abbott, Airspace Policy Group, routine matter that only affects air traffic Office of Airspace Services, Federal procedures and air navigation, it is Acting Manager, Airspace Policy Group. Aviation Administration, 800 certified that this rule, when [FR Doc. 2016–13553 Filed 6–8–16; 8:45 am] Independence Avenue SW., promulgated, does not have a significant BILLING CODE 4910–13–P Washington, DC 20591; telephone: (202) economic impact on a substantial 267–8783.
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SUPPLEMENTARY INFORMATION: within a 1-mile radius of the Davis List of Subjects in 14 CFR Part 71 Airport and excluding that airspace 1 Airspace, Incorporation by reference, Authority for This Rulemaking ° mile either side of the 090 bearing from Navigation (air). The FAA’s authority to issue rules Davis Airport to the 5-mile radius from regarding aviation safety is found in Capital City Airport . . .’’ from the The Amendment Title 49 of the United States Code. Class C airspace description. In consideration of the foregoing, the Subtitle I, Section 106 describes the This action also updates the Capital Federal Aviation Administration authority of the FAA Administrator. amends 14 CFR part 71 as follows: Subtitle VII, Aviation Programs, Region International Airport name and geographic coordinates in the Lansing, describes in more detail the scope of the PART 71—DESIGNATION OF CLASS A, MI, Class C airspace description to agency’s authority. B, C, D, AND E AIRSPACE AREAS; AIR reflect the current information in the This rulemaking is promulgated TRAFFIC SERVICE ROUTES; AND FAA’s aeronautical database. under the authority described in REPORTING POINTS Subtitle VII, Part A, Subpart I, Section Specifically, this action replaces 40103. Under that section, the FAA is ‘‘Capital City Airport’’ with ‘‘Capital ■ 1. The authority citation for part 71 charged with prescribing regulations to Region International Airport’’ and continues to read as follows: replaces ‘‘lat. 42°46′43″ N., long. assign the use of the airspace necessary Authority: 49 U.S.C. 106(f), 106(g); 40103, to ensure the safety of aircraft and the 84°35′15″ W.’’ with ‘‘lat. 42°46′43″ N., ° ′ ″ 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, efficient use of airspace. This regulation long. 84 35 10 W.’’ 1959–1963 Comp., p. 389. is within the scope of that authority as Class C airspace areas are published § 71.1 [Amended] it modifies a portion of the terminal in paragraph 4000 of FAA Order airspace structure at Capital Region 7400.9Z, dated August 6, 2015, and ■ 2. The incorporation by reference in International Airport, Lansing, MI. effective September 15, 2015, which is 14 CFR 71.1 of the FAA Order 7400.9Z, History incorporated by reference in 14 CFR Airspace Designations and Reporting 71.1. The Class C airspace modification Points, dated August 6, 2015, and On November 27, 2015, the FAA in this action will be published effective September 15, 2015, is published in the Federal Register a subsequently in the Order. amended as follows: notice of proposed rulemaking (NPRM) to modify the Class C airspace at Capital Regulatory Notices and Analyses Paragraph 4000 Class C Airspace. Region International Airport, MI (80 FR * * * * * 74061) Docket No. FAA–2015–4452. The FAA has determined that this Interested parties were invited to regulation only involves an established AGL MI C Lansing, MI [Amended] participate in this rulemaking effort by body of technical regulations for which Capital Region International Airport, MI submitting written comments on the frequent and routine amendments are (Lat. 42°46′43″ N., long. 84°35′10″ W.) proposal. No comments were received. necessary to keep them operationally That airspace extending upward from the current. It, therefore: (1) Is not a surface to and including 4,900 feet MSL Availability and Summary of ‘‘significant regulatory action’’ under within a 5-mile radius of Capital Region Documents for Incorporation by Executive Order 12866; (2) is not a International Airport; and that airspace Reference ‘‘significant rule’’ under Department of extending upward from 2,100 feet MSL to This document amends FAA Order and including 4,900 feet MSL within a 10- Transportation (DOT) Regulatory mile radius of Capital Region International 7400.9Z, Airspace Designations and Policies and Procedures (44 FR 11034; Airport. Reporting Points, dated August 6, 2015, February 26, 1979); and (3) does not * * * * * and effective September 15, 2015. FAA warrant preparation of a regulatory Order 7400.9Z is publicly available as evaluation as the anticipated impact is Issued in Washington, DC, on May 31, listed in the ADDRESSES section of this so minimal. Since this is a routine 2016. document. FAA Order 7400.9Z lists matter that will only affect air traffic Leslie M. Swann, Class A, B, C, D, and E airspace areas, procedures and air navigation, it is Acting Manager, Airspace Policy Group. air traffic service routes, and reporting certified that this rule, when [FR Doc. 2016–13551 Filed 6–8–16; 8:45 am] points. promulgated, does not have a significant BILLING CODE 4910–13–P The Rule economic impact on a substantial number of small entities under the The FAA is amending Title 14, Code criteria of the Regulatory Flexibility Act. CONSUMER PRODUCT SAFETY of Federal Regulations (14 CFR) part 71 COMMISSION to modify the Capital Region Environmental Review International Airport Class C airspace [Docket No. CPSC–2013–0019] area by removing the cutout from the The FAA has determined that this Class C surface area that excluded the action qualifies for categorical exclusion 16 CFR Part 1227 airspace within a 1-mile radius of the under the National Environmental Revisions to Safety Standard for former Davis Airport and the airspace 1 Policy Act in accordance with FAA Carriages and Strollers mile either side of the 090° bearing from Order 1050.1F, ‘‘Environmental the former Davis Airport. The exclusion Impacts: Policies and Procedures,’’ AGENCY: Consumer Product Safety from the Class C surface area was in paragraph 5–6.5a. This airspace action Commission. place solely to accommodate operations consists of modifying Class C airspace ACTION: Direct final rule. at Davis Airport, which closed in 2000 area and it is not expected to cause any and was removed from the FAA’s potentially significant environmental SUMMARY: In accordance with section aeronautical database in 2006. Since the impacts, and no extraordinary 104(b) of the Consumer Product Safety original purpose of the exclusion no circumstances exist that warrant Improvement Act of 2008 (‘‘CPSIA’’), longer exists, the FAA is removing the preparation of an environmental also known as the Danny Keysar Child words ‘‘. . . excluding that airspace assessment. Product Safety Notification Act, the U.S.
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Consumer Product Safety Commission strollers standard, contact: Rana Balci- revision does not improve the safety of (‘‘Commission’’ or ‘‘CPSC’’) has Sinha, Director, Division of Human the consumer product covered by the published consumer product safety Factors, Consumer Product Safety standard and that the Commission is standards for numerous durable infant Commission, 5 Research Place, retaining the existing consumer product or toddler products, including a safety Rockville MD 20850; telephone: 301– safety standard. Public Law 112–28, standard for carriages and strollers. The 987–2584; email: [email protected]. section 3. standard incorporated by reference the SUPPLEMENTARY INFORMATION: Notification of Revisions. On April 5, ASTM voluntary standard for carriages 2016, ASTM notified the CPSC of A. Background and strollers, with a modification. In ASTM’s approval and publication of August 2011, Congress enacted a public The Danny Keysar Child Product revisions to ASTM F833–13b in a law, which sets forth a process for Safety Notification Act. The Consumer revised standard approved on November updating standards that the Commission Product Safety Improvement Act of 1, 2015, ASTM F833–15, Standard has issued under the authority of 2008 (CPSIA, Pub. L. 110–314) was Consumer Safety Performance section 104(b) of the CPSIA. In enacted on August 14, 2008. Section Specification for Carriages and Strollers accordance with that process, we are 104(b) of the CPSIA, also known as the (ASTM F833–15). As discussed below, publishing this direct final rule, revising Danny Keysar Child Product Safety the Commission has reviewed the the CPSC’s standard for carriages and Notification Act, requires the differences between 16 CFR part 1227 strollers to incorporate by reference a Commission to promulgate consumer and ASTM F833–15. more recent version of the applicable product safety standards for durable B. Revisions to the ASTM Standard ASTM standard. infant or toddler products. The law DATES: The rule is effective on October requires that these standards are to be There are several differences between 2, 2016, unless we receive significant ‘‘substantially the same as’’ applicable 16 CFR part 1227 (which references adverse comment by July 11, 2016. If we voluntary standards or more stringent ASTM F833–13b) and the revised receive timely significant adverse than the voluntary standards if the version of the standard, ASTM F833–15. comments, we will publish notification Commission concludes that more We summarize the differences and the in the Federal Register, withdrawing stringent requirements would further CPSC’s assessment of the revisions this direct final rule before its effective reduce the risk of injury associated with below. the product. On March 10, 2014, the date. The incorporation by reference of Definition of Convertible Car Seat/ Commission published a final rule the publications listed in this rule is Stroller. The 2015 version of the ASTM issuing a standard for carriages and approved by the Director of the Federal standard adds a definition for a strollers that incorporated by reference Register as of October 2, 2016. ‘‘convertible car seat/stroller’’ to clarify the standard in effect at that time, ADDRESSES: You may submit comments, the distinction between a convertible ASTM F833–13b, with a modification to car seat/stroller (i.e., a car seat with identified by Docket No. CPSC–2013– address potential hazardous openings 0019, by any of the following methods: wheels and a handle that can convert to created by adjustable grab bar/tray and a stroller) and a combined unit of a car Submit electronic comments in the foot rest configurations. 79 FR 13208. following way: seat on a stroller. The definition is The standard was codified in the referenced in a revised section regarding Federal eRulemaking Portal: http:// Commission’s regulations at 16 CFR part convertible car seat/strollers, which www.regulations.gov. Follow the 1227. allows an exemption for restraints used instructions for submitting comments. Public Law 112–28. On August 12, To ensure timely processing of 2011, Congress enacted Public Law 112– in motor vehicles. comments, the Commission is no longer 28, amending and revising several CPSC staff’s review shows that the accepting comments submitted by provisions of the CPSIA, including the addition of a definition for ‘‘convertible electronic mail (email), except through Danny Keysar Child Product Safety car seat/stroller’’ adds clarity to the www.regulations.gov. Notification Act. The revised provision revised standard because this definition Submit written submissions in the sets forth a process for updating CPSC’s is used in a revised section regarding following way: durable infant or toddler standards performance requirements for Mail/Hand delivery/Courier (for when the voluntary standard upon combination units of a car seat on a paper, disk, or CD–ROM submissions), which the CPSC standard was based is stroller and convertible car seat/stroller. preferably in five copies, to: Office of the changed. The addition of this definition is neutral Secretary, Consumer Product Safety If an organization revises a standard regarding safety. Commission, Room 820, 4330 East West that has been adopted, in whole or in Definitions of Tray/Grab BarLocking Highway, Bethesda, MD 20814; part, as a consumer product safety and Stop Positions. The 2015 version of telephone (301) 504–7923. standard under this subsection, the the ASTM standard adds two new Instructions: All submissions received Commission must be notified. The definitions that describe locking and must include the agency name and statute further provides that the revised stop positions of the tray/grab bar. docket number for this document. All voluntary standard shall be considered These definitions are then referenced in comments received may be posted to be a consumer product safety revised sections clarifying the without change, including any personal standard issued by the Commission performance requirement and test identifiers, contact information, or other under section 9 of the Consumer methods associated with passive personal information provided, to Product Safety Act (15 U.S.C. 2058), containment/foot opening. http://www.regulations.gov. Do not effective 180 days after the date on CPSC staff’s review shows that the submit confidential business which the organization notifies the addition of definitions for tray/grab bar information, trade secret information, or Commission (or such later date locking and stop positions improve other sensitive or protected information specified by the Commission in the clarity to the revised standard because electronically. Such information should Federal Register) unless, within 90 days these definitions are used in revised be submitted in writing. after receiving that notice, the sections for performance requirements FOR FURTHER INFORMATION CONTACT: For Commission notifies the organization and test methods applicable to passive information related to the carriages and that it has determined that the proposed containment/foot openings. The
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addition of these definitions is neutral additional clarity indicating that the test reference the ASTM standard, ASTM regarding safety. has to be repeated, depending on the F833–15. Requirements for Static Load number of adjustments that can be made C. Direct Final Rule Process Associated with Step/Footrest. The 2015 in the grab bar/tray, as well as footrest version of the ASTM standard repeats a or calf support positions. The revised The Commission is issuing this rule requirement that any step or footrest on test method is a clearer test and will as a direct final rule. Although the a stroller shall support a static load of improve the safety of the standard Administrative Procedure Act (‘‘APA’’) 50 lbs under the performance because all potentially hazardous generally requires notice and comment requirements section, as well as under openings will be evaluated. rulemaking, section 553 of the APA the test methods for static load. Warning Statements for Jogging provides an exception when the agency, CPSC staff’s review shows that the Strollers. The 2015 version of the for good cause, finds that notice and addition of a separate section repeating standard clarifies the warning label public procedure are ‘‘impracticable, the static load requirement adds clarity requirements associated with strollers unnecessary, or contrary to the public to the revised standard because the that have a removable-wheel fork interest.’’ The Commission concludes provision is equally applicable to both assembly and strollers that are three- that, in the context of these revisions to the performance requirement and test wheeled with a locking front wheel and ASTM standards upon which CPSC’s method sections. The addition of this are intended to be used for running, durable infant or toddler product section is neutral regarding safety. jogging, or walking fast, requiring the standards are based, which Requirements for Combination Unit of units to display the warning label. The automatically become consumer a Car Seat on a Stroller and Convertible warning content remains unchanged. product standards and that simply Car Seat/Stroller. The 2015 version of would be incorporated by reference into CPSC staff’s review shows that the the standard allows products that are applicable regulatory provisions, notice revisions on the warning label used as a car seat and that can convert and comment is not necessary. requirements improve the safety of to a stroller using the same restraint as Without Commission action to update strollers. The version referenced in 16 the car seat, to be exempt from the the incorporation by reference in the stroller restraint system anchor points CFR part 1227, ASTM F833–13b, could CPSC’s mandated standards, the and crotch strap location requirements. be interpreted to require warning labels standard published in the Code of The restraint systems for car seats sold only on jogging strollers with a Federal Regulations will not reflect the in the United States are regulated under removable-wheel fork assembly. The revised ASTM standard that will be in Federal Motor Vehicle Safety Standard 2015 version of the standard clarifies effect by operation of law under Public No. 213 (FMVSS 213). that the warning label requirements Law 112–28. For accuracy, and to avoid CPSC staff’s review shows that adding apply to: (1) Any stroller with a misleading the public about the the exemption for a restraint system that removable wheel fork assembly for the applicable consumer product standard, is certified to restrain a child in a motor label that is placed on the front wheel the Commission believes that issuing a vehicle is neutral regarding safety fork; and (2) any three-wheeled stroller rule revising the incorporation by because the restraint systems must intended to be used while jogging, reference in these circumstances is comply with the FMVSS requirements. walking fast, or running with a locking appropriate. In Recommendation 95–4, In addition, aside from the restraint front wheel. Accordingly, the revised the Administrative Conference of the system, the combination unit of a car standard makes clear that all of these United States (‘‘ACUS’’) endorsed direct seat on a stroller must still comply with types of three-wheeled strollers must final rulemaking as an appropriate all of the other applicable requirements display warning labels. procedure to expedite promulgation of when the car seat is installed in all of Assessment of the Revisions to the rules that are noncontroversial and that the manufacturer’s recommended use ASTM Standard. Under Public Law are not expected to generate significant positions. 112–28, unless the Commission adverse comment. See 60 FR 43108 Requirements for Passive determines that ASTM’s revision ‘‘does (August 18, 1995). Consistent with the Containment/Foot Opening, Testing not improve the safety of the consumer ACUS recommendation, the Tray/Grab Bar Locking Positions, and product covered by the standard,’’ Commission is publishing this rule as a Testing Tray/Grab Bar Positions. The ASTM F833–15 will become the new direct final rule because we do not 2015 version of the standard requires mandatory standard for carriages and expect any significant adverse testing of all applicable positions of the strollers. As discussed above, based on comments. adjustable grab bar/tray that may create the CPSC staff’s review, the Commission Revising the regulatory reference to a hazardous opening. These positions believes that certain revisions are the ASTM standard will conform the consist of locking positions (including neutral regarding safety. However, other regulation to the substantive change in positions intended for non-occupant revisions will improve the safety of the applicable consumer product use), as well as stop positions (not a standard, including the clarifications to standard that will occur by operation of locking position but a position where the testing for adjustable grab bar/tray law under Public Law 112–28. Public tray/grab bar can remain stationary and foot rest configurations and warning comment will not impact the when a 5 lb force is applied for 10 labels. Consequently, the Commission substantive changes to the standard or seconds). did not determine or notify ASTM that the effect of the revised standard as a CPSC staff’s review shows that the the revised standard does not improve consumer product safety standard under revisions improve the safety of the the safety of carriages and strollers. Public Law 112–28. Therefore, there is standard set forth in 16 CFR part 1227 In accordance with Public Law 112– little for the public to comment upon. to address hazardous openings created 28, the revised ASTM standard for Unless we receive a significant by adjustable grab bar/tray and foot rest carriages and strollers, therefore, adverse comment within 30 days, the configurations. In its regulation, the becomes the new CPSC standard 180 rule will become effective on October 2, CPSC required that tests be conducted days after the date the CPSC received 2016. In accordance with ACUS’s in the position ‘‘most likely to cause notification of the revision from ASTM. recommendation, the Commission failure.’’ See 16 CFR 1227.2(b). The This rule revises the incorporation by considers a significant adverse comment 2015 version of the standard provides reference at 16 CFR part 1227, to to be one where the commenter explains
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why the rule would be inappropriate, environmental impact statement is Because carriages and strollers are including an assertion challenging the required. children’s products, samples of these rule’s underlying premise or approach, products must be tested by a third party G. Paperwork Reduction Act or a claim that the rule would be conformity assessment body whose ineffective or unacceptable without The carriages and stroller standard accreditation has been accepted by the change. contain information collection Commission. These products also must Should the Commission receive a requirements under the Paperwork comply with all other applicable CPSC significant adverse comment, the Reduction Act of 1995 (44 U.S.C. 3501– requirements, such as the lead content Commission would withdraw this direct 3520). No changes have been made to requirements of section 101 of the final rule. Depending on the comments that section of the standard. Thus, these CPSIA, the tracking label requirement in and other circumstances, the revisions will not have any effect on the section 14(a)(5) of the CPSA, and the Commission may then incorporate the information collection requirements consumer registration form adverse comment into a subsequent related to that standard. requirements in the Danny Keysar Child Product Safety Notification Act. direct final rule or publish a notice of H. Preemption proposed rulemaking, providing an J. Notice of Requirements opportunity for public comment. Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a In accordance with section D. Effective Date ‘‘consumer product safety standard 14(a)(3)(B)(iv) of the CPSIA, the Commission has previously published a Under the procedure set forth in under [the Consumer Product Safety Act notice of requirements (‘‘NOR’’) for Public Law 112–28, when a voluntary (CPSA)]’’ is in effect and applies to a accreditation of third party conformity standard organization revises a standard product, no state or political subdivision of a state may either assessment bodies for testing carriages upon which a consumer product safety and strollers (79 FR 13208 (March 10, establish or continue in effect a standard issued under the Danny Keysar 2014)). The NORs provided the criteria requirement dealing with the same risk Child Product Safety Notification Act and process for our acceptance of of injury unless the state requirement is was based, the revision becomes the accreditation of third party conformity identical to the federal standard. Section CPSC standard within 180 days of assessment bodies for testing carriages 26(c) of the CPSA also provides that notification to the Commission, unless and strollers to 16 CFR part 1227 (which states or political subdivisions of states the Commission determines that the incorporated ASTM F833–13b with may apply to the Commission for an revision does not improve the safety of modifications). The NORs are listed in exemption from this preemption under the product, or the Commission sets a the Commission’s rule, ‘‘Requirements certain circumstances. later date in the Federal Register. In Pertaining to Third Party Conformity accordance with this provision, this rule The Danny Keysar Child Product Assessment Bodies.’’ 16 CFR part 1112. establishes an effective date that is 180 Safety Notification Act (at section The revisions discussed above do not days after we received notification from 104(b)(1)(B) of the CPSIA) refers to the add any new provisions that would ASTM of revisions to these standards. rules to be issued under that section as require a third party conformity As discussed in the preceding section, ‘‘consumer product safety standards,’’ assessment body (testing laboratory) to this is a direct final rule. Unless we thus, implying that the preemptive conduct additional tests. As discussed receive a significant adverse comment effect of section 26(a) of the CPSA above, most of the revisions clarify the within 30 days, the rule will become would apply. Therefore, a rule issued existing standard and will not change effective on October 2, 2016. under section 104 of the CPSIA will existing test methods. Although the test invoke the preemptive effect of section E. Regulatory Flexibility Act method associated with passive 26(a) of the CPSA when it becomes containment/foot opening has been The Regulatory Flexibility Act effective. clarified to require testing depending on (‘‘RFA’’) generally requires that agencies I. Certification the number of adjustments that can be review proposed and final rules for their made in the grab bar/tray as well as potential economic impact on small Section 14(a) of the CPSA imposes the footrest or calf support positions, the entities, including small businesses, and requirement that products subject to a revision is not expected to affect how a prepare regulatory flexibility analyses. 5 consumer product safety rule under the test laboratory tests strollers and U.S.C. 603 and 604. The change to the CPSA, or to a similar rule, ban, convertible carriages/strollers in a incorporation by reference in the standard, or regulation under any other stroller mode. Revising the reference to carriages and stroller standard will not act enforced by the Commission, be ASTM F833–15 for the carriages and result in any substantive changes to the certified as complying with all stroller standard will not necessitate any standard. Therefore, this rule will not applicable CPSC requirements. 15 change in the way that third party have any economic impact on small U.S.C. 2063(a). Such certification must conformity assessment bodies test these entities. be based on a test of each product, or products for compliance to CPSC on a reasonable testing program or, for standards. Therefore, the Commission F. Environmental Considerations children’s products, on tests on a considers the existing accreditations The Commission’s regulations sufficient number of samples by a third that the Commission has accepted for provide a categorical exclusion for the party conformity assessment body testing to this standard also to cover Commission’s rules from any accredited by the Commission to test testing to the revised standard. The requirement to prepare an according to the applicable existing NOR for this standards will environmental assessment or an requirements. As noted in the preceding remain in place, and CPSC-accepted environmental impact statement discussion, standards issued under third party conformity assessment because they ‘‘have little or no potential section 104(b)(1)(B) of the CPSIA are bodies are expected to update the scope for affecting the human environment.’’ ‘‘consumer product safety standards.’’ of the testing laboratories’ accreditation 16 CFR 1021.5(c)(2). This rule falls Thus, they are subject to the testing and to reflect the revised standard in the within the categorical exclusion, so no certification requirements of section 14 normal course of renewing their environmental assessment or of the CPSA. accreditation.
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K. Incorporation by Reference www.astm.org/. You may inspect a copy and Exchange Commission, 100 F Street The OFR has regulations concerning at the Office of the Secretary, U.S. NE., Washington, DC 20549–1090. incorporation by reference. 1 CFR part Consumer Product Safety Commission, All submissions should refer to File 51. Under these regulations, agencies Room 820, 4330 East West Highway, Number S7–09–16. This file number must discuss, in the preamble of the Bethesda, MD 20814, telephone 301– should be included on the subject line final rule, ways that the materials the 504–7923, or at the National Archives if email is used. To help us process and agency incorporates by reference are and Records Administration (NARA). review your comments more efficiently, reasonably available to interested For information on the availability of please use only one method. The persons and how interested parties can this material at NARA, call 202–741– Commission will post all comments on obtain the materials. In addition, the 6030, or go to: http://www.archives.gov/ the Commission’s Internet Web site _ _ _ preamble to the final rule must federal register/code of (http://www.sec.gov/rules/interim-final- _ summarize the material. 1 CFR 51.5(b). federalregulations/ibr locations.html. temp.shtml). Comments are also In accordance with the OFR’s Dated: June 8, 2016. available for Web site viewing and requirements, section B of this preamble Todd A. Stevenson, printing in the Commission’s Public summarizes the ASTM F833–15 Secretary, U.S. Consumer Product Safety Reference Room, 100 F Street NE., standard that the Commission Commission. Washington, DC 20549, on official incorporates by reference into 16 CFR [FR Doc. 2016–13663 Filed 6–8–16; 8:45 am] business days between the hours of 10:00 a.m. and 3:00 p.m. All comments part 1227. The standard is reasonably BILLING CODE 6355–01–P available to interested parties and received will be posted without change; interested parties may purchase a copy we do not edit personal identifying information from submissions. You of the standard from ASTM SECURITIES AND EXCHANGE should submit only information that International, 100 Barr Harbor Drive, PO COMMISSION Box C700, West Conshohocken, PA you wish to make available publicly. 19428–2959 USA, phone: 610–832– 17 CFR Part 249 FOR FURTHER INFORMATION CONTACT: N. 9585; http://www.astm.org/. A copy of Sean Harrison, Special Counsel, at (202) the standard can also be inspected at [Release No. 34–77969; File No. S7–09–16] 551–3430, in the Office of Rulemaking, CPSC’s Office of the Secretary, U.S. RIN 3235–AL89 Division of Corporation Finance, U.S. Consumer Product Safety Commission, Securities and Exchange Commission, Room 820, 4330 East West Highway, Form 10–K Summary 100 F Street NE., Washington, DC Bethesda, MD 20814, telephone 301– AGENCY: Securities and Exchange 20549. 504–7923. Commission. SUPPLEMENTARY INFORMATION: We are List of Subjects in 16 CFR Part 1227 ACTION: Interim final rule; request for adopting an interim final amendment to 1 Consumer protection, Imports, comment. Form 10–K under the Securities 2 Incorporation by reference, Infants and Exchange Act of 1934. SUMMARY: We are adopting an interim children, Law enforcement, Safety, final amendment to implement Section I. Introduction Toys. 72001 of the Fixing America’s Surface We are adopting an interim final For the reasons stated above, the Transportation (‘‘FAST’’) Act. The amendment to Form 10–K that Commission amends title 16 CFR interim final amendment provides that implements Section 72001 of the FAST chapter II as follows: a registrant may, at its option, include Act,3 which became law on December 4, PART 1227—SAFETY STANDARD FOR a summary in its Form 10–K provided 2015. Section 72001 of the FAST Act CARRIAGES AND STROLLERS that each item in the summary includes directs the Commission, not later than a cross-reference by hyperlink to the 180 days after the date of enactment, to ■ 1. The authority citation for part 1227 material contained in the registrant’s issue regulations to permit ‘‘issuers’’ 4 to continues to read as follows: Form 10–K to which such item relates. submit a ‘‘summary page’’ 5 on Form Authority: The Consumer Product Safety DATES: 10–K, but only if each item on such Improvement Act of 2008, Public Law 110– Effective Date: The interim final rule summary page includes a cross- 314, 104, 122 Stat. 3016 (August 14, 2008); is effective on June 9, 2016. reference (by electronic link or Public Law 112–28, 125 Stat. 273 (August 12, Comment Date: Comments should be otherwise) to the material contained in 2011). received on or before July 11, 2016. Form 10–K to which such item relates. ■ 2. Revise § 1227.2 to read as follows: ADDRESSES: Comments may be II. Discussion of Amendment submitted by any of the following § 1227.2 Requirements for carriages and methods: Although our current rules do not strollers. prohibit a registrant from including Each carriage and stroller shall Electronic Comments voluntary information, such as a comply with all applicable provisions of • Use the Commission’s Internet ASTM F833–15, Standard Consumer comment form (http://www.sec.gov/ 1 17 CFR 249.310. Safety Specification for Carriages and rules/interim-final-temp.shtml); or 2 15 U.S.C. 78a et seq. Strollers, approved November 1, 2015. • Send an email to rule-comments@ 3 Public Law 114–94, 129 Stat. 1312 (Dec. 4, The Director of the Federal Register sec.gov. Please include File Number S7– 2015). approves the incorporation by reference 4 We use the terms ‘‘issuer’’ and ‘‘registrant’’ 09–16 on the subject line; or interchangeably throughout this release to refer to listed in this section in accordance with • Use the Federal eRulemaking Portal a company that is subject to Section 13 [15 U.S.C. 5 U.S.C. 552(a) and 1 CFR part 51. You (http://www.regulations.gov). Follow the 78m] or 15(d) of the Exchange Act [15 U.S.C. may obtain a copy of this ASTM instructions for submitting comments. 78o(d)] and is required to file an annual report on standard from ASTM International, 100 Form 10–K. 5 Barr Harbor Drive, PO Box C700, West Paper Comments As used in this release, the term ‘‘summary • page’’ should not be construed to mean that the Conshohocken, PA 19428–2959 USA; Send paper comments in triplicate summary needs to be a single page, or of any phone: 610–832–9585; http:// to Brent J. Fields, Secretary, Securities specific length.
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summary, in its Form 10–K,6 we are the information is presented fairly and or information statement that will be amending Part IV of Form 10–K 7 to add accurately. filed after the date that the registrant new Item 16. This new item will We are also including an instruction files its Form 10–K.14 In that case, expressly allow a registrant, at its in Item 16 of Form 10–K that addresses however, the registrant must indicate option, to include a summary in the information incorporated by reference that the summary omits the Part III Form 10–K. To implement the statutory into the Form 10–K that a registrant may information. requirement that each item in the choose to summarize. Exchange Act Request for Comment summary be accompanied by an Rule 12b–23 allows registrants to electronic or other cross-reference, new incorporate information by reference in We request and encourage any Item 16 requires that each summary answer, or partial answer, to any item of interested person to submit comments topic be hyperlinked to the related, an Exchange Act registration statement on any aspect of the interim final more detailed disclosure item in the or report subject to certain conditions.10 amendment, other matters that might Form 10–K. Generally, the incorporated information have an impact on the amendment, and In light of the varied nature of must be filed as an exhibit to the any suggestions for further revisions. In registrants’ size and operations, we registration statement or report.11 Under addition, we seek comment on the believe that registrants should have the General Instruction G to Form 10–K, a following: flexibility to determine how best to registrant may incorporate by reference 1. Are companies and investors likely prepare the summary. Accordingly, the the information required by Parts I or II to find a Form 10–K summary useful? If amendment does not prescribe the of Form 10–K from the registrant’s so, should we propose mandating a length of the summary (other than to annual report to security holders.12 The summary? 15 state that the summary shall be brief), information required by Part III of Form 2. Would it be helpful to EDGAR specify the Form 10–K disclosure items 10–K also may be incorporated by users for the Form 10–K summary or a that should be covered by the reference from a proxy or information link to the summary to be displayed on summary,8 or dictate where the statement involving the election of a registrant’s EDGAR search results summary must appear in the Form directors, if filed within 120 days of the landing page? 16 10–K. end of the fiscal year.13 3. Should we impose a length We recognize that it might not be As stated above, the interim final limitation on the summary? If so, what practicable or necessary to summarize amendment to Form 10–K requires the limitation would be appropriate (e.g., a every Form 10–K disclosure item. The summary to include hyperlinks to the page limit, word limit, character limit)? amendment is principles-based and related, more detailed disclosure item in 4. Should we provide further affords a registrant choosing to include the Form 10–K, regardless of whether guidance on preparation of the a summary the flexibility to decide the more detailed disclosure appears in summary? For example, should we which items to summarize,9 as long as the sections of the Form 10–K that include language similar to Item 503(a) follow the summary or in a Form 10–K of Regulation S–K, which covers a exhibit. Currently, registrants can 17 6 Voluntary information included in Exchange prospectus summary? Act filings is subject to the antifraud provisions of hyperlink to different sections within the federal securities laws and the officer the same document, as well as to 14 See Instruction 1 to new Item 16 of Form 10– certifications required by Exchange Act Rules 13a– specific sections of exhibits that are part K. In addition, if the Part III information that is 14(a) and 15d–14(a) [17 CFR 240.13a–14(a) and of the same filing. incorporated by reference contains a summary, such 240.15d–14(a)]. Therefore, the interim final as commonly provided in proxy statements for 7 Part IV of Form 10–K sets forth the requirements executive compensation disclosure, that summary for financial statement schedules, exhibits and amendment requires registrants electing need not include hyperlinks. certain supplemental information to be furnished to to prepare a Form 10–K summary that 15 In 2008, the Advisory Committee on the Commission. discusses information that is Improvements to Financial Reporting issued to the 8 Form 10–K is organized in four parts with each incorporated by reference into the Form Commission a report that, among other things, part containing distinct disclosure requirements. recommended an executive summary in the forepart Part I (Items 1–4) contains disclosure requirements 10–K and for which an exhibit is filed of a company’s annual report on Form 10–K (with that relate to, among other things, the registrant’s with the form to include a hyperlink material updates in quarterly reports on Form 10– business, risk factors, properties, legal proceedings, from the summary to the discussion in Q) that would describe concisely the most and mine safety disclosure, if applicable. Part II the accompanying exhibit. Under the important themes or other significant matters with (Items 5–9B) contains disclosure requirements that which management is primarily concerned, along relate to market information, selected financial data, interim final amendment, a registrant with a page index showing where investors could management’s discussion and analysis of financial choosing to include a summary will find more detailed information in the document. condition and results of operations (‘‘MD&A’’), only be able to summarize information See Final Report of the Advisory Committee on quantitative and qualitative disclosures about that is included in the Form 10–K at the Improvements to Financial Reporting to the United market risk, financial statements and States Securities and Exchange Commission (Aug. supplementary data, a description of changes in and time the form is filed, and will not have 1, 2008), available at https://www.sec.gov/about/ disagreements with accountants on accounting and to file a Form 10–K amendment to offices/oca/acifr/acifr-finalreport.pdf. financial disclosure, controls and procedures and summarize Part III information that is 16 We are considering ways to further enhance the other information. Part III (Items 10–14) contains incorporated by reference from a proxy presentation and usability of the Form 10–K disclosure requirements that relate to directors and summary. In this regard, we could require executive officers, management remuneration, registrants to include HTML tags to identify the beneficial ownership, related party transactions and 10 17 CFR 240.12b–23. Form 10–K summary in their EDGAR submissions. principal accountants’ fees and services and other 11 Rule 12b–23(a)(3)(i) [17CFR 240.12b– This would make it possible for EDGAR to extract information. Lastly, Part IV (Item 15, signatures and 23(a)(3)(i)] provides an exception that does not the summary from the Form 10–K, so that the supplemental information) contains requirements require a proxy or information statement information could be included on the registrant’s that relate to financial statement schedules and incorporated by reference in response to Part III of search results EDGAR landing page. This could exhibits. Form 10–K to be filed as an exhibit. allow investors to more easily access the 9 The flexible and non-prescriptive nature of new 12 Information incorporated from the annual information. Item 16 is similar to other principles-based report to security holders to fulfill the requirements 17 Among other provisions, Item 503(a) states requirements under our rules, such as Item 503 of Part I of Form 10–K must contain the information ‘‘The summary should be brief. The summary Regulation S–K [17 CFR 229.503] and Item 1001 of required by Items 1–3 of Part I of Form 10–K to the should not contain, and is not required to contain, Regulation M–A [17 CFR 229.1001]. As set forth extent applicable. See Note 1 to General Instruction all of the detailed information in the prospectus. If below in the Request for Comment, we solicit and G(2) to Form 10–K. you provide summary business or financial encourage comment on whether further guidance 13 See Note 2 to General Instruction G(2) to Form information, even if you do not caption it as a on preparing the summary should be provided. 10–K. Continued
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5. Should we require that the public comment are unnecessary.22 As amendment, relative to this baseline, summary appear at the beginning of the discussed above, Section 72001 of the and its potential effects on efficiency, Form 10–K? Should we require certain FAST Act directs the Commission, not competition, and capital formation. We content or a specific format for the Form later than 180 days after the date of also consider the potential costs and 10–K summary? For example, should enactment, to issue regulations to benefits of reasonable alternatives to the we propose to require registrants permit issuers to submit a summary amendment. choosing to prepare a summary to page on Form 10–K, but only if each Where practicable, we attempt to include specified Form 10–K items, item on such summary page includes a quantify the economic effects of the such as the MD&A? Are there some cross-reference (by electronic link or amendment; however, in certain cases, items that registrants should not be otherwise) to the material contained in we are unable to do so because we lack permitted to include in a summary? If Form 10–K to which such item relates. the necessary data. We do, however, so, which items should be required to be The amendment to Form 10–K that we provide a qualitative assessment of the included in, or excluded from, the are adopting revises the form to make it likely economic effects. summary? consistent with this provision of the A. Introduction 6. Should we require registrants that FAST Act by expressly providing that a registrant may, at its option, include a As discussed above, new Item 16 to cannot include a summary of the Part III Form 10–K provides that a registrant information (because that information summary in its Form 10–K (subject to certain conditions), something that may, at its option, include a summary will be incorporated by reference from in its Form 10–K provided that each a later filed proxy or information registrants currently are permitted to do under existing rules. item in the summary includes a statement involving the election of hyperlink to the detailed information in directors) to file a Form 10–K For similar reasons, although the APA generally requires publication of a rule the registrant’s Form 10–K to which amendment to update the summary to such item relates. In light of the varied reflect the Part III information when that at least 30 days before its effective date, the Commission finds there is good nature of registrants’ size and information is filed with the proxy or operations, the amendment will provide information statement? cause for the amendment to take effect on June 9, 2016.23 registrants with flexibility in preparing 7. Are there other cross-reference the summary. The amendment does not methods that we should allow in lieu of, IV. Economic Analysis prescribe the length of the summary, or in addition to, hyperlinks? As discussed above, we are amending specify the Form 10–K disclosure items 8. Should we propose to amend other Form 10–K to implement Section 72001 that should be covered in the summary, annual reporting forms, such as Form of the FAST Act. The interim final or dictate where the summary must 20–F 18 filed by foreign private issuers, amendment will provide that a appear in the Form 10–K. or Form 1–K 19 filed by issuers that have registrant may, at its option, include a A registrant may decide which items conducted a Regulation A offering,20 to summary in its Form 10–K provided to summarize as long as the information expressly allow a summary similar to that each item in the summary includes is presented fairly and accurately. A the approach we are adopting for Form a cross-reference by hyperlink to the summary should provide more 10–K? Would such revisions be useful material contained in the registrant’s information than a table of contents, given that our rules do not prohibit such Form 10–K to which such item relates. which is often included in Form 10–K registrants from voluntarily including a Under the amendment, a registrant will and generally shows the complete summary in their annual reports? have the flexibility to determine the organizational structure of Form 10–K With respect to any comments, we content of the summary and its length. by listing each disclosure item without note that they are of greatest assistance We are sensitive to the costs and a summary of the disclosure. A if accompanied by supporting data and benefits of the amendment.24 In this summary with hyperlinked cross- analysis of the issues addressed in those economic analysis, we examine the references will allow users to easily comments. existing baseline, which consists of the locate the corresponding items in Form current regulatory framework and 10–K where the disclosure is fully III. Procedural and Other Matters market practices, and discuss the presented, with the potential effect of The Administrative Procedure Act potential benefits and costs of the enhancing the ability of investors and (‘‘APA’’) generally requires an agency to other users of the disclosure to process publish notice of a rulemaking in the 22 This finding also satisfies the requirements of relevant information and/or reducing Federal Register and provide an 5 U.S.C. 808(2), allowing the amendment to become their processing time and search costs. effective notwithstanding the requirement of 5 opportunity for public comment. This U.S.C. 801 (if a federal agency finds that notice and B. Baseline and Affected Parties requirement does not apply, however, if public comment are impractical, unnecessary or the agency ‘‘for good cause finds . . . contrary to the public interest, a rule shall take The amendment will potentially affect that notice and public procedure are effect at such time as the federal agency all registrants subject to Section 13 or promulgating the rule determines). The amendment impracticable, unnecessary, or contrary 15(d) of the Exchange Act that are also does not require analysis under the Regulatory required to file an annual report on to the public interest.’’ 21 Because the Flexibility Act. See 5 U.S.C. 604(a) (requiring a final amendment conforms the specified form regulatory flexibility analysis only for rules Form 10–K. However, given that current to the requirements of a newly enacted required by the APA or other law to undergo notice rules do not prohibit a registrant from and comment). statute, the FAST Act, and involves voluntarily including a summary in its 23 See 5 U.S.C. 553(d)(3). Form 10–K, the amendment likely will minimal exercise of discretion, the 24 Exchange Act Section 23(a)(2) requires us, not have a substantial impact on the Commission finds that notice and when adopting rules, to consider the impact that any new rule would have on competition. In disclosure practices of registrants and addition, Section 3(f) of the Exchange Act directs on the information processing ability of summary, you still must provide that information us, when engaging in rulemaking that requires us in plain English.’’ investors and other users of the to consider or determine whether an action is 18 disclosure. 17 CFR 249.220f. necessary or appropriate in the public interest, to 19 17 CFR 239.93. consider, in addition to the protection of investors, In particular, we expect that 20 17 CFR 230.251–230.263. whether the action will promote efficiency, registrants that do not currently include 21 5 U.S.C. 553(b)(3)(B). competition, and capital formation. a summary in their Form 10–Ks will not
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be likely to begin doing so in response summary in its Form 10–K. This users to reach that location more easily to the amendment. Also, registrants that summary provided an overview of and quickly. currently include a summary in their several disclosure topics with cross- By presenting an overview of the Form 10–K with a hyperlink for each references, but not hyperlinks, to the information contained in Form 10–K, a disclosure topic in the summary to the more detailed discussion contained in summary with hyperlinks could make related material contained in their Form the Form 10–K. While we found only disclosure more effective by enhancing 10–K will not be affected by the one registrant that included a summary the ability of investors and other users amendment because this practice will in its most recent Form 10–K, we found to process relevant information and/or be in compliance with the hyperlink that a large majority of the companies by reducing their processing time and requirement. Among the registrants that (87%) included a table of contents that search costs. A summary can be are required to file a Form 10–K, the was fully hyperlinked to the particularly useful to investors and amendment will affect registrants that corresponding items. other users in the case of more currently include a summary in their There may be several reasons why a complex 27 and larger 28 Form 10–Ks. Form 10–Ks and that (1) do not cross- summary is not widely used in Form Academic literature has examined the reference items; (2) use cross-references 10–Ks. As with any other voluntary readability of Form 10 Ks and suggested other than hyperlinks; or (3) use disclosure, registrants presumably that concisely written documents are hyperlinks but not for all disclosure weigh the potential incremental more likely to be read, and their topics included in the summary. Under disclosure costs, including any liability information more effectively the amendment, if these registrants considerations, against the potential incorporated into stock prices, 29 chose to continue to include a summary benefits associated with including a compared to longer Form 10 Ks. To in their Form 10–K, they will be summary in a Form 10–K. Among other the extent that a summary contains a required to include hyperlinks to each factors, the perceived net benefit will concise overview of the information disclosure topic that is mentioned. depend on the presence of alternative included in the more detailed disclosure We estimate that, in calendar year disclosures that serve a similar purpose items, the usefulness of the summary for 2015, we received 7,844 Form 10–K as a summary and on investor interest investors may translate into potential filings. To draw a baseline indicative of in such summary. For example, a table positive effects on allocative efficiency the current disclosure practices among and capital formation for registrants of contents may already provide an 30 Form 10–K filers, we selected a random outline of the Form 10–K and indicate who opt to include it. This, in turn, sample of 150 of these filings to review. where investors can find additional may have positive effects on Although small, the random sample was competition for registrants, relative to, information in the document. representative of the overall 2015 for example, registrants who do not opt population of Form 10–K filers and In conclusion, based on our analysis to include a summary. For example, a consisted of 42 large accelerated filers, of two relatively small samples of Form summary could increase investors’ 29 accelerated filers, 27 non-accelerated 10–K filings, it appears that the use of interest in the business of a registrant filers, and 52 smaller reporting a summary in Form 10–Ks is currently because it may attract investors who companies. None of the filings in the extremely limited. While we cannot otherwise would not be inclined to read sample included a summary. A large draw definite conclusions on the the more detailed and lengthy majority (70%) of the 150 sampled current use of a summary or on the information in the full Form 10–K. We filings included a table of contents that current use of hyperlinks in summaries was fully hyperlinked to the for the entire population of Form 10–K 27 See Feng Li, Annual Report Readability, corresponding items. filers due to the size of the samples in Current Earnings, and Earnings Persistence, 45 J. of Due to the greater complexity of their our analysis, we believe that the ACCT. & ECON. 221–47 (2008). Using the Fog index amendment is likely to affect a limited and word count of Form 10 Ks, the author found operations, larger registrants generally that firms with annual reports that are easier to read have more extensive disclosures that are number of Form 10–K filers that have more persistent positive earnings and argues reflected in lengthier Form 10–Ks and currently opt to include a summary in that firm managers may try to hide poor future their Form 10–K. As a result of the earnings from investors by increasing the may be more inclined to include a complexity of their written documents. The Fog summary to assist investors and other hyperlink requirement, these filers will index is a commonly used measure of the users in navigating their filings.25 Since need to include a hyperlink for each readability of a document. we did not find any registrants in the disclosure topic that is not currently 28 See Loughran & McDonald, supra note 25. hyperlinked. While word count and file size are highly random sample that included a correlated, the authors found there is evidence that summary in their Form 10–K, we also C. Potential Economic Effects Form 10–K file size (in megabytes) is a better reviewed the most recent Form 10–K inverse proxy for readability than a commonly used filed by each of the companies on the As noted above, Section 72001 of the metric of readability like the Fog index. Larger FAST Act directs the Commission to Form 10–Ks are significantly associated with high Fortune 100 list, which includes the return volatility, earnings forecast errors, and largest 100 U.S. companies.26 Of these issue regulations to permit registrants to earnings forecast dispersion, after controlling for companies, we found one large submit a summary on Form 10–K with other variables such as firm size, book-to-market, accelerated filer that included a cross-references to the related past volatility, industry effects, and prior stock discussion in the report. In performance. implementing this mandate, the 29 See Haifeng You & Xiao-jun Zhang, Financial 25 In addition to structural complexity, there may Reporting Complexity and Investor Under-Reaction be other reasons for the length of disclosure amendment will provide that registrants to 10–K Information, 14 REV. of ACCT. STUD. documents. One study argues that firms may try to may include a summary in their Form 559¥86 (2009). Using the number of words in a obscure mandated earnings-relevant information by 10–K if each item in the summary Form 10–K as a measure of financial reporting burying the results in longer documents. complexity, the authors found that firms above the Additionally, litigation risk may create an incentive includes a hyperlink to the related annual median word count have a delayed stock to disclose information whether it is useful or not. material contained in the Form 10–K to market reaction over the following 12 months. See Tim Loughran & Bill McDonald, Measuring which such item relates. Relative to 30 See Alastair Lawrence, Individual Investors Readability in Financial Disclosures, 69 J. of FIN. cross-references that supply users with and Financial Disclosure, 56 J. of ACCT. & ECON. 1643¥1671 (2014). ¥ only a page reference to the specific 130 47 (2013). Using detailed data of individual 26 Eight entities included in the Fortune 100 list investors, this study shows that, on average, are privately-held companies; therefore, no Form Form 10–K items, hyperlinks will not individuals invest more in firms with clear and 10–K was available for them. only supply the location but also allow concise financial disclosures.
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note that, if users were to rely only on required hyperlinks will easily direct consistency across filings and may the summary to make investment users to a particular item, allowing users enable users to compare the summaries decisions without considering the more to avoid searching the Form 10–K in its of multiple registrants more efficiently. extensive disclosure provided elsewhere entirety, thereby significantly reducing A specific format may also ease the in the Form 10–K or other disclosure their search costs. preparation of a summary for some documents of the registrant, this could Relative to other types of cross- registrants, thereby encouraging them to lead to less informed investment references that registrants may currently provide a voluntary summary in their decisions with a corresponding decrease use, such as a footnote or plain text that Form 10–Ks. At the same time, in allocative efficiency. Overall, relative points to a certain page number or prescribing a specific format may to the current baseline, we expect that location in the document, the inclusion discourage registrants from including a the amendment will have incremental of hyperlinks should direct users to summary in their Form 10–K if they positive effects on efficiency, relevant parts of Form 10–K more easily find the format not useful for their competition, and capital formation, and quickly. To the extent that specific circumstances. Further, if the although, for the reasons discussed hyperlinks are implemented properly, prescribed format includes sections that above, we do not expect these effects to they are able to automatically take the are unnecessary to effectively assess the be particularly significant. reader to that document or section. registrant, it could detract from, rather Permitting registrants to determine Cross-referencing through hyperlinks than facilitate, investors’ ability to the content, length, and location of a should make it easier for users to process information efficiently. summary will enable them to tailor the navigate the disclosure and decrease Third, instead of requiring hyperlinks, format and presentation of the summary their search time and costs. we could have required registrants to to best suit the specific aspects of their Finally, requiring hyperlinks for all use any type of cross-references, business and operational and financial topics in a summary that currently has electronic or otherwise, to the extent results. It also will enable registrants to only partial hyperlinks will prevent that it would serve the function of focus on topics or items they consider registrants from selectively steering locating the corresponding material in important to communicate to investors, investors and other users toward the Form 10–K.31 This alternative would subject to the overall requirement to particular sections in the Form 10–K. allow greater flexibility to registrants to present the summary fairly and D. Alternatives use either hyperlinks or non-electronic accurately. cross-references, such as footnotes or While a summary is potentially useful We considered three alternatives to plain text that points to a certain page for investors and registrants, registrants the amendment. First, instead of number or other location in the who include a summary in their Form providing registrants with the option of document, or a combination of the two 10–Ks will incur increased disclosure including a summary in their Form 10– types in the summary. However, to the costs to prepare the summary. As K, we could have required all registrants extent that registrants choose to use discussed above, given that Form 10–K to include a summary. By requiring a non-electronic cross-references under filers can already voluntarily include a summary, investors and users could this alternative, the ability of investors summary, we expect that, as a result of more extensively benefit from the to navigate the disclosure contained in the amendment, registrants will not potential usefulness of the summary. In the Form 10–K would be diminished significantly change their disclosure particular, as discussed above, a relative to the proposal. practices by electing to include a summary could enhance investors’ summary if they currently do not. ability to process relevant material V. Paperwork Reduction Act Relative to the current baseline, we information in the filing. To the extent A. Background expect the potential benefits and costs that a required summary contains useful Certain provisions of Form 10–K that stemming from the amendment to be and concise information, it could will be affected by the interim final limited and primarily related to those translate to potential positive effects on amendment contain ‘‘collection of registrants—and their investors—who allocative efficiency for a greater information’’ requirements within the already include a summary in their number of registrants than under a meaning of the Paperwork Reduction Form 10–K but do not currently voluntary approach. These potential Act of 1995 (‘‘PRA’’).32 The Commission hyperlink or hyperlink only in part. benefits could be particularly relevant is submitting the interim final Registrants that have voluntarily in the case of registrants with more amendment to the Office of included a summary in the past and complex operations that typically file Management and Budget (‘‘OMB’’) for have not hyperlinked the items in the larger reports that investors may find review in accordance with the PRA.33 summary to the relevant sections in the more time-consuming to read. They may The title for the collections of Form 10–K will incur compliance costs be less relevant in the case of smaller information is: to add hyperlinks. registrants that typically have simpler There are potential benefits from operations and shorter Form 10–Ks. ‘‘Form 10–K’’ (OMB Control No. 3235– adding cross-references to the Form 10– Consequently, requiring a mandatory 0063). K summary. A summary that briefly summary for all registrants may impose An agency may not conduct or discusses items in the Form 10–K additional compliance costs that are not sponsor, and a person is not required to without any type of cross-references justified by the overall benefits to respond to, a collection of information may disconnect the information in the investors and registrants, although the requirement unless it displays a summary from the disclosure contained flexibility to determine the format of the currently valid OMB control number. in other parts of Form 10–K. The summary could mitigate these Compliance with the information required hyperlinks will serve not only additional compliance costs. as a reminder for investors that a Second, instead of providing 31 Section 72001 of the FAST Act requires that summary complements the more registrants with the flexibility to each item on the summary page include a ‘‘cross- reference’’ to the material contained in the Form extensive disclosure presented in other determine length, content, and location 10–K, but the statute does not mandate any parts of the document, but also as a of the summary in Form 10–K, we could particular type of cross-reference. compass for users to navigate the have prescribed a specific format of the 32 44 U.S.C. 3501 et seq. document more easily and quickly. The summary. This could achieve 33 44 U.S.C. 3507(d) and 5 CFR 1320.11.
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collections is mandatory. Responses to burden hour and cost estimates by including the size and complexity of the information collections are not kept estimating the average amount of time it their operations. We believe that some confidential and there is no mandatory would take a registrant to prepare and registrants will experience costs in retention period for the information review the summary, as well as the excess of this average in the first year of disclosed. Form 10–K was adopted average hourly rate for outside compliance with the amendments and under the Exchange Act and sets forth professionals who assist with such some registrants may experience less the disclosure requirements for annual preparation. In addition, our burden than the average costs. reports filed by registrants to help estimates are based on several Second, we assumed that 10% of investors make informed investment assumptions. Form 10–K filers would elect to prepare decisions. The hours and costs First, we assumed that registrants that a summary. The number of registrants associated with preparing and filing elect to prepare a summary will not that would choose to do a summary, Form 10–K constitute reporting and cost summarize every item in the Form 10– however, is uncertain. We request burdens imposed by each collection of K. Therefore, to estimate the average comment and supporting empirical information. burden hours of the interim final data, for purposes of the PRA, on the amendment, we have looked to the number of registrants that are expected B. Summary of the Amendment burden estimates carried internally by to prepare a summary as a result of the As described in more detail above, we registrants for Form 10,34 an Exchange interim final amendment. are adopting an interim final Act registration form that requires many The table below shows the total amendment to Form 10–K to implement of same item disclosures as does Form annual compliance burden, in hours Section 72001 of the FAST Act. We are 10–K. For purposes of the PRA, we have and in costs, of the collection of amending Form 10–K to add new Item estimated the total burden per response information resulting from the interim 16. This new item will explicitly allow for preparing and filing Form 10 to be final amendment.35 The burden a registrant, at its option, to include a 215 hours and that 25% of that burden estimates were calculated by summary in the Form 10–K. Each (53.75 hours) is carried internally by the multiplying the estimated number of disclosure topic included in the registrant. We estimate that the burden responses by the estimated average summary is required to contain a to prepare the Form 10–K summary amount of time it would take an issuer hyperlink to the related, more detailed would be less than that required to to prepare and review a Form 10–K disclosure item in the Form 10–K. prepare the Form 10 because the summary. The portion of the burden Under the interim final amendment, a summary would call for less carried by outside professionals is registrant has the flexibility to information than required by Form 10. reflected as a cost, while the portion of determine the content and the length of We estimate that the average the burden carried by the issuer the summary. incremental burden for a registrant to internally is reflected in hours. For prepare the summary would be 50 purposes of the PRA, we estimate that C. Burden and Cost Estimates Related to hours. This estimate represents the 75% of the burden of preparation of the Amendment average burden for all registrants, both Form 10–K is carried by the registrant We anticipate that new Item 16 of large and small. In deriving our internally and that 25% of the burden Form 10–K will increase the burdens estimates, we recognize that the burdens of preparation is carried by outside and costs for companies that elect to will likely vary among individual professionals retained by the registrant prepare a summary. We derived our registrants based on a number of factors, at an average cost of $400 per hour.36
TABLE 1—INCREMENTAL PAPERWORK BURDEN UNDER THE INTERIM FINAL AMENDMENT
Estimated number of Incremental Total 75% 25% Professional affected burden incremental company professional costs responses hours/form burden hours
(A) (B) (C) = (A) * (B) (D) = (C) * (E) = (C) * (F) = (E) * $400 0.75 0.25
Form 10–K Summary ...... 37 814 50 40,700 30,525 10,175 $4,070,000
D. Request for Comment information; (3) whether there are ways comment on the estimated number or to enhance the quality, utility and percentage of registrants that are likely We request comments in order to clarity of the information to be to include a summary in their Form 10– evaluate: (1) Whether the collection of collected; and (4) whether there are K. information is necessary for the proper ways to minimize the burden of the Any member of the public may direct performance of the functions of the collection of information on those who to us any comments concerning the agency, including whether the are to respond, including through the accuracy of these burden estimates and information would have practical use of automated collection techniques any suggestions for reducing the utility; (2) the accuracy of our estimate or other forms of information burdens. Persons who desire to submit of the burden of the collection of technology.38 Specifically, we request comments on the collection of
34 17 CFR 249.210. the professional services, but for purposes of this 37 This number is our estimate of the number of 35 For convenience, the estimated hour and cost PRA analysis we estimate that such costs will be an registrants that will choose to include a summary burdens in the table have been rounded to the average of $400 per hour. This estimate is based on in their Form 10–K. consultations with several registrants, law firms and nearest whole number. 38 We request comment pursuant to 44 U.S.C. other persons who regularly assist registrants in 36 We recognize that the costs of retaining outside preparing and filing periodic reports with the 3506(c)(2)(B). professionals may vary depending on the nature of Commission.
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information requirements should direct Section 249.330 is also issued under secs. SOCIAL SECURITY ADMINISTRATION their comments to the Office of 3(a), 406, and 407, Pub. L. 107–204, 116 Stat. Management and Budget, Attention: 745. 20 CFR Parts 404 and 416 Section 249.331 is also issued under 15 Desk Officer for the Securities and [Docket No. SSA–2006–0149] Exchange Commission, Office of U.S.C. 78j–1, 7202, 7233, 7241, 7264, 7265; Information and Regulatory Affairs, and 18 U.S.C. 1350. RIN 0960–AF58 Washington, DC 20503, and send a copy Section 249.617 is also issued under Pub. L. 111–203, § 939, 939A, 124. Stat. 1376 Revised Medical Criteria for Evaluating of the comments to Brent J. Fields, (2010) (15 U.S.C. 78c, 15 U.S.C. 78o–7 note). Respiratory System Disorders Secretary, Securities and Exchange Section 249.819 is also issued under 12 Commission, 100 F Street NE., U.S.C. 5465(e). AGENCY: Social Security Administration. Washington, DC 20549–1090, with Section 249.1400 is also issued under sec. ACTION: Final rule. reference to File No. S7–09–16. 943, Pub. L. 111–203, 124 Stat. 1376. Requests for materials submitted to the Section 249.1800 is also issued under Pub. SUMMARY: We are revising the criteria in OMB by us with regard to these L. 111.203, § 922(a), 124 Stat 1841 (2010). the Listing of Impairments (listings) that collections of information should be in Section 249.1801 is also issued under Pub. we use to evaluate claims involving writing, refer to File No. S7–09–16 and L. 111.203, § 922(a), 124 Stat 1841 (2010). respiratory disorders in adults and be submitted to the Securities and children under titles II and XVI of the Exchange Commission, Office of FOIA ■ 2. Amend Form 10–K (referenced in Social Security Act (Act). The revisions Services, 100 F Street NE., Washington § 249.310) by adding new Item 16 to reflect our program experience and DC 20549–0213. Interested persons are Part IV to read as follows: advances in medical knowledge since encouraged to send comments to the Note: The text of Form 10–K does not, and we last comprehensively revised this OMB by July 11, 2016. this amendment will not, appear in the Code body system in 1993, as well as of Federal Regulations. comments we received from medical VI. Statutory Authority experts and the public. The amendment contained in this UNITED STATES SECURITIES AND DATES: These final rules are effective release is being adopted under the EXCHANGE COMMISSION October 7, 2016. authority set forth in Sections 3, 12, 13, Washington, DC 20549 FOR FURTHER INFORMATION CONTACT: 15(d), and 23(a) of the Exchange Act, Cheryl A. Williams, Office of Disability and Section 72001 of the FAST Act. FORM 10–K Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, List of Subjects in 17 CFR Part 249 * * * * * Maryland 21235–6401, (410) 965–1020. Reporting and recordkeeping Part IV For information on eligibility or filing requirements, Securities. * * * * * for benefits, call our national toll-free number, 1–800–772–1213, or TTY 1– Text of the Interim Final Amendment Item 16. Form 10–K Summary. 800–325–0778, or visit our Internet site, Social Security Online, at http:// For the reasons set out in the Registrants may, at their option, www.socialsecurity.gov. preamble, the Commission is amending include a summary of information Title 17, Chapter II of the Code of required by this form, but only if each SUPPLEMENTARY INFORMATION: Federal Regulations as follows: item in the summary is presented fairly Background and accurately and includes a hyperlink PART 249—FORMS, SECURITIES to the material contained in this form to We are revising and making final the EXCHANGE ACT OF 1934 which such item relates, including to rules for evaluating respiratory materials contained in any exhibits filed disorders we proposed in a Notice of ■ 1. The authority citation for part 249 with the form. Proposed Rulemaking (NPRM) is revised to read as follows: published in the Federal Register on Instruction: The summary shall refer Authority: 15 U.S.C. 78a et seq. and 7201 February 4, 2013 (78 FR 7968). The only to Form 10–K disclosure that is preamble to the NPRM provided an et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350; included in the form at the time it is Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904; explanation of the changes from the Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309 filed. A registrant need not update the current rules and our reasons for (2012); Sec. 107, Pub. L. 112–106, 126 Stat. summary to reflect information required proposing those changes. To the extent 313 (2012), and Sec. 72001, Pub. L. 114–94, by Part III of Form 10–K that the that we are adopting the proposed rules 129 Stat. 1312 (2015), unless otherwise registrant incorporates by reference from as published, we are not repeating that noted. a proxy or information statement filed information here. You can view the Section 249.220f is also issued under secs. after the Form 10–K, but must state in NPRM by visiting www.regulations.gov 3(a), 202, 208, 302, 306(a), 401(a), 401(b), 406 the summary that the summary does not and 407, Pub. L. 107–204, 116 Stat. 745. and searching for document ‘‘SSA– include Part III information because that 2006–0149–0024.’’ We are making a Section 249.240f is also issued under secs. information will be incorporated by 3(a), 202, 208, 302, 306(a), 401(a), 406 and number of changes because of public 407, Pub. L. 107–204, 116 Stat. 745. reference from a later filed proxy or comments we received in response to Section 249.308 is also issued under 15 information statement involving the the NPRM. We explain those changes in U.S.C. 80a–29 and 80a–37. election of directors. our summary of public comments and Section 249.308a is also issued under secs. * * * * * our responses later in this preamble. We 3(a) and 302, Pub. L. 107–204, 116 Stat. 745. are also making minor editorial changes Section 249.308b is also issued under secs. By the Commission. 3(a) and 302, Pub. L. 107–204, 116 Stat. 745. Dated: June 1, 2016. for clarity throughout these final rules. Section 249.310 is also issued under secs. Brent J. Fields, Why are we revising the listings for 3(a), 202, 208, 302, 406 and 407, Pub. L. 107– Secretary. evaluating respiratory disorders? 204, 116 Stat. 745. Section 249.326(T) also issued under [FR Doc. 2016–13328 Filed 6–8–16; 8:45 am] We are revising the listings for section 13(f)(1) (15 U.S.C. 78m(f)(1)). BILLING CODE 8011–01–P evaluating respiratory disorders to
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reflect our program experience and We carefully considered all of the interpretations of spirometry results advances in medical knowledge since comments that were relevant to this without requiring tracings might reduce we last comprehensively revised the rulemaking. We have tried to present the number of tests that we purchase, listings for this body system, and the commenters’ concerns and but stated that not also requiring comments we received from medical suggestions accurately and completely, tracings might result in inappropriate experts and the public at an outreach and we have responded to all significant allowances. One commenter suggested policy conference, in response to an issues that were within the scope of that, if we do not require tracings, we Advance Notice of Proposed these rules. We provide our reasons for should require flow-volume loops to Rulemaking (ANPRM), and in response adopting or not adopting the ensure the integrity of the test. to an NPRM. We last published final recommendations in the summaries of Response: We are adopting the rules making comprehensive revisions the comments and our responses. We recommendation that we continue to to section 3.00—the respiratory system also received several comments require spirometry tracings. In the listings for adults (people who are at supporting our proposed changes. We proposed rule, we indicated that we least 18 years old)—and section appreciate those comments; however, believed it would be appropriate to trust 103.00—the respiratory system listings we did not include them in our the professional who supervises the test for children (people under age 18)—on discussion of the rules below. and for us to use the resulting October 7, 1993.1 Since that time, we As part of the rulemaking process, we spirometry values without have revised the introductory text for held an informational teleconference corresponding tracings to assess the children, revised some testing with the public on May 10, 2013, during severity of a person’s respiratory requirements, added adult and child which we discussed general background disorder. The public commenters listings for lung transplants, removed information on the disability program, (including medical experts who use the criterion C from listing 3.09, added information for people with cystic results of spirometry in their treatment listing 103.06 and corresponding fibrosis who either apply for Social of people with respiratory disorders, introductory text, and extended the Security disability benefits or are and disability examiners), however, effective date of the rules.2 currently receiving disability benefits, disagreed with us. information we received from medical In its public comment, the ATS When will we begin to use these final recommended that we continue to rules? experts and members of the public, and proposed criteria in listings 3.04 and require documentation of three We will begin to use these final rules 103.04.4 We did not accept public acceptable tracings. We agree with that on their effective date. We will continue comments during the teleconference. comment. to use the current listings until the date We have included information related to For most claims involving respiratory these final rules become effective. We the teleconference in the rulemaking disorders and in which spirometry will apply the final rules to new docket for these rules under Docket ID results are available, the evidence we receive usually does not include the applications filed on or after the number SSA–2006–0149–0237.5 effective date of these final rules and to spirometry tracings. By requiring claims that are pending on or after the Pulmonary Function Testing tracings, we may need to recontact the effective date.3 These final rules will Comment: One commenter suggested medical source to seek the tracings or, remain in effect for 3 years after the date that we not refer to arterial blood gas if we know from experience that the they become effective, unless we extend (ABG) tests and pulse oximetry as source either cannot or will not provide them, or revise and issue them again. pulmonary function tests (PFTs) the tracings, we may need to purchase consultative examinations to obtain Public Comments on the NPRM because they are monitoring devices. Response: We are not adopting this spirometry results with tracings, unless In the NPRM, we provided the public recommendation because we use the we can make a fully favorable with a 60-day comment period that results of these tests to document the determination or decision on another ended on April 5, 2013. We received severity of respiratory disorders and we basis. We will provide guidance to our 212 comments. The commenters believe it is appropriate, for this adjudicators on when it is appropriate included advocacy groups, legal purpose, to refer to ABG tests and pulse to purchase a PFT when we conduct services organizations, State agencies oximetry as PFTs. training on the final rules. that make disability determinations for Comment: Many commenters did not Comment: Some commenters us, medical organizations, and people support removing the requirement for recommended that we continue to who have respiratory disorders or have spirometry tracings of the forced require documentation of equipment relatives with respiratory disorders. expiratory maneuvers used to determine calibration for spirometry. a person’s highest forced expiratory Response: We are not adopting these 1 58 FR 52346; corrected at 59 FR 1274 (January recommendations because, in our 10, 1994). These listings appear in appendix 1 to volume in the first second (FEV1) and subpart P of part 404. forced vital capacity (FVC). Some program experience, recorded 2 See 65 FR 54747 (2000), 65 FR 57946 (2000), 67 commenters explained that the tracings calibrations that we receive almost FR 20018 (2002), 67 FR 43537 (2002), 68 FR 36911 allow us to confirm that the American invariably establish spirometer (2003), 70 FR 35028 (2005), 71 FR 2312 (2006), 72 accuracy. We do not believe it is FR 33662 (2007), 73 FR 31025 (2008), 75 FR 33166 Thoracic Society (ATS) testing (2010), 77 FR 35264 (2012), 79 FR 10661 (2014), 80 standards were met. One commenter necessary to continue to require proof of FR 1 (2015), and 80 FR 19522 (2015). stated that requiring tracings will equipment calibration. We expect the 3 This means that we will use these final rules on enhance the quality of the test and professional who supervises the test to and after their effective date, in any case in which comply with the professional standards we make a determination or decision. We expect ensure confidence in the disability that Federal courts will review our final decisions decision-making process for respiratory for equipment calibrations. If, however, using the rules that were in effect at the time we disorders. Another commenter agreed we have reason to believe that the issued the decisions. If a court reverses our final with us that accepting providers’ equipment was not calibrated, we may decision and remands a case for further then request calibration logs from the administrative proceedings after the effective date of these final rules, we will apply these final rules 4 See 78 FR 26681 (2013). medical source. to the entire period at issue in the decision we make 5 See http://www.regulations.gov/ Comment: Several commenters after the court’s remand. #!documentDetail;D=SSA-2006-0149-0237. explained that the spirometry values
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(FEV1 and FVC) for several listings Response: We did not adopt this and assess the severity of a person’s (proposed 3.02A, 3.02B, 3.02C4, 3.03A, recommendation. DLCO test results respiratory disorder. Consequently, the 3.04A, 3.04B, 103.02A, 103.02B, include both the actual (absolute) and rules already require the type of clinical 103.04A, and 103.04B) include too percent predicted values for the evaluation of a person’s respiratory much variability in percent predicted measurement. Both values represent the disorder that the commenter suggested. between females and males, as well as ability of the lungs to transfer gases Comment: One commenter suggested between different height and age across the alveolar-capillary membrane. that we require pulse oximetry be categories. Neither value is more accurate than the performed while the person is breathing Response: We agree with these other value because they both represent room air or on oxygen supplementation. commenters. While we based the values the same DLCO measurement. This commenter also suggested that we in the spirometry tables on reference Comment: One commenter had three include a requirement that nail polish is values from Hankinson, et al.,6 as noted concerns with the use of pulse oximetry removed prior to testing and that, if in the NPRM, we agree that there was in proposed 3.02C4a. First, requiring finger circulation is not good, we accept too much variability between categories pulse oximetry and spirometry ear lobe pulse oximetry. (age, gender, and height). In these final decreases the utility of the listing. Response: We did not adopt these rules, the percent predicted values (from Second, the key finding on a 6-minute recommendations because the purpose which we derive the spirometry values walk test (6MWT) is whether of the pulse oximetry measurement is to that we use in final 3.02A, 3.02B, 3.03A, desaturation occurs with exertion and determine oxygen (O2) saturation on 3.04A, 103.02A, 103.02B, and 103.04A) not the baseline or post-6MWT results. room air and not with oxygen by height are all within three percentage Lastly, requiring printouts of pulse supplementation. We do not require that points of one another for a given age and oximetry will dramatically reduce the a finger probe be used. It is the gender cohort. availability of pulse oximetry evidence responsibility of the professional Comment: Some commenters that we can use. This commenter supervising the test to choose the most recommended that we include percent suggested that the listing require appropriate probe (for example, finger predicted values in our rules rather than desaturation with exercise independent or ear) and to also ensure that proper of spirometry. tables of absolute values for testing protocol (including removal of Response: We partially adopted these measurement of lung function. nail polish) is followed. recommendations. We revised proposed Response: We did not adopt these 3.02C4, final 3.02C3, to require only Asthma recommendations. We believe that both pulse oximetry. We believe that the Comment: One commenter suggested percent predicted values and absolute percent of oxygen saturation of blood that we remove the requirement for values accurately represent the severity hemoglobin measured by pulse reduced lung function between asthma of a person’s respiratory disorder. While oximetry required in 3.02C3 exacerbations (that is, baseline the percent predicted values represent demonstrates a chronic gas exchange obstruction). the percentage of lung function defect of listing-level severity. If resting Response: We did not propose to remaining, the absolute values of FEV1 pulse oximetry does not establish change this requirement and, therefore, and FVC represent the actual volumes listing-level severity, we may use pulse are not adopting this recommendation. of air that a person exhales during a oximetry during or after a 6MWT. We We currently require baseline forced expiratory maneuver. require a printout of the pulse wave obstruction (current 3.00C) established Comment: Two commenters suggested during measurement because we use it by spirometry while the person is that we use the Centers for Disease to verify that perfusion to the area medically stable to document listing- Control and Prevention/National covered by the probe is adequate and level asthma. We continued to include Institute for Occupational Safety and that the probe is positioned properly, this requirement in final 3.00I2a and Health (CDC/NIOSH) calculator, which and because motion artifact may limit 3.03A. calculates percent predicted values, to the accuracy of pulse oximetry during Comment: One commenter asked us determine the severity of a person’s the 6MWT. Furthermore, to be to continue to consider adherence to respiratory disorder.7 consistent with this revision to final therapy for asthma. Response: We did not adopt these 3.02C3, we combined proposed 3.02C2, Response: We agree with the recommendations because the calculator which required two resting ABG tests to commenter, but did not make any is intended for use with a NIOSH document a chronic gas exchange defect changes as a result. We consider any spirometry training course and the Food of listing-level severity, and proposed hospitalization for an exacerbation of and Drug Administration has not 3.02C3, which required one exercise asthma lasting at least 48 hours to be approved the calculator for clinical use. ABG test, into final 3.02C2 requiring despite prescribed therapy, unless we Comment: One commenter agreed one ABG test, either resting or during have evidence to the contrary. with using diffusing capacity of the steady state exercise. Comment: One commenter suggested lungs for carbon monoxide (DLCO) to Comment: One commenter that we add a criterion to proposed measure respiratory function but recommended that a clinical evaluation 103.03 for the need for endotracheal recommended that we use percent accompany the pulse oximetry intubation, which is a type of treatment predicted values rather than absolute measurement in proposed 3.02C4 for respiratory failure. values to more accurately capture because a pulse oximetry measurement Response: We did not adopt this condition severity. should not be considered a primary recommendation because we do not diagnostic tool. believe we need to specify the types of 6 Hankinson, J. L., Odencrantz, J. R., & Fedan, K. Response: We agree with the treatments we consider under 103.03 B. (1999). Spirometric reference values from a commenter, but did not make any when a child is hospitalized for asthma. sample of the general U.S. population. American changes as a result. Proposed and final We did, however, add guidance in final Journal of Respiratory and Critical Care Medicine, 3.00D1 explain that we need a person’s 3.00I1 and 103.00G1 to explain that we 159(1), 179–187. 7 The CDC/NIOSH calculator is available at http:// medical history, physical examination evaluate respiratory failure resulting www.cdc.gov/niosh/topics/spirometry/ findings, the results of imaging, and from chronic asthma under final 3.14 or refcalculator.html. pulmonary function tests to document 103.14.
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Cystic Fibrosis Comment: One commenter stated that examples of medical imaging techniques Comment: Many commenters ABG tests in proposed 3.04B do not in proposed 3.00D2 (final 3.00D3). recommended that we continue to correlate well to disability for people Comment: One commenter suggested consider treatment for cystic fibrosis with CF, and that ABG tests are not that we add listing criteria to proposed (CF) outside of the hospital. The generally used in most specialized CF 3.09A, which requires only cardiac commenters stated that physicians treat care centers. catheterization for chronic pulmonary CF pulmonary exacerbations in a variety Response: We adopted this hypertension. of ways including hospitalization and recommendation and removed proposed Response: We did not adopt this through use of intravenous antibiotics 3.04B that required ABG test results to recommendation because adding the and inhaled nebulized therapies outside evaluate the severity of CF in the final suggested listing criteria to 3.09 of the hospital setting. Some rule. increases the severity level of the listing. commenters explained that treatment at Comment: One commenter said that We believe final 3.09 is medically home for CF pulmonary exacerbations proposed 103.04C for hypoxemia with appropriate and represents an inability indicates the same severity of illness as the need for at least 1.0 liter per minute to perform any gainful activity. When a hospitalization for CF and is of oxygen supplementation for at least 4 we have the results of cardiac increasingly the method preferred by hours per day for at least 90 consecutive catheterization and those results meet treating physicians. days is ‘‘significantly too strict’’ for the requirements of the listing, we do Response: We adopted these children with CF. The commenter stated not need additional criteria to support recommendations. We included a that any child whose CF meets the listing-level severity. Adding listing criterion in final 3.04G and 103.04G that proposed listing would already be on a criteria creates an unnecessary evidence requires 10 consecutive days of lung transplant list. burden on claimants. Response: We adopted this intravenous antibiotic treatment, Respiratory Failure without specifying where (for example, recommendation and have not included in a hospital) the treatment occurs, for proposed 103.04C in the final rule. Comment: One commenter suggested CF pulmonary exacerbations. We also While being on a lung transplant list is that we exclude asthma and obesity as added guidance in final 3.00J3 and not a listing criterion, we believe underlying conditions for respiratory 103.00H3 to explain that treatment for children with CF whose impairment failure in proposed 3.14 and 103.14. CF exacerbations usually includes would have met proposed 103.04C will Response: We did not adopt this intravenous antibiotics and intensified have an impairment that meets the recommendation. Final 3.14 and 103.14 airway clearance therapy (for example, requirements in one of the listings for require that we evaluate respiratory increased frequencies of chest CF included in the final rule. failure resulting from any chronic percussion or increased use of inhaled Comment: Multiple commenters respiratory disorder except CF. Obesity nebulized therapies, such as objected to the proposed lower is not a ‘‘chronic respiratory disorder’’ bronchodilators or mucolytics). We spirometry values for evaluating CF in and, therefore, respiratory failure cannot want to assure the commenters that we proposed 3.04A and 103.04A. be evaluated under these listings if are able to evaluate CF under the criteria Response: We adopted these obesity is the person’s only impairment. in final listings 3.04 and 103.04, using comments and modified the spirometry (We address how to consider the effects medical equivalence, the functional values in proposed 3.04A and 103.04A. of obesity combined with a respiratory equivalence rules for children, or at Our revisions to all spirometry values to disorder in final 3.00O.) We believe it is other steps in our sequential evaluation minimize variability, as we described appropriate to evaluate respiratory process. above, in addition to the fact that people failure resulting from chronic asthma Comment: Multiple commenters with CF are disabled at a comparatively under these listings. suggested that we revise proposed 3.04D higher level of lung function than Comment: One commenter and 103.04E, which required any two of people who do not have CF, resulted in recommended that we consider six listed CF exacerbations and none of the values in final 3.04A and noninvasive ventilation as an alternative complications. Some commenters 103.04A being lower than the to invasive ventilation for treatment of explained that four of the listed corresponding values in current 3.04A respiratory failure resulting from CF. exacerbations and complications and 103.04A. Response: We adopted this (spontaneous pneumothorax, respiratory recommendation because ventilatory Pulmonary Hypertension failure, pulmonary hemorrhage, and support in respiratory failure associated hypoxemia) are serious health issues for Comment: Multiple commenters with any underlying chronic respiratory people with CF. The commenters recommended that we not use disorder, including CF, while recommended that we revise the list to echocardiograms to evaluate the severity traditionally provided by invasive more accurately reflect the progression of chronic pulmonary hypertension in ventilation, is now often provided by of CF and that we require only one of proposed 3.09B. One commenter stated noninvasive ventilation. In either case, these four exacerbations or that results from echocardiograms do cyclical positive pressure is applied to complications to establish that a person not accurately reflect the presence of the airway to assist ventilation and is disabled. moderate pulmonary hypertension that reduce the work of breathing. We Response: We adopted these causes marked functional limitations. believe it is reasonable to count the total recommendations by adding standalone Another commenter stated that only ventilatory support time, whether it be listing criteria for spontaneous cardiac catheterization should be used invasive or noninvasive ventilation, for pneumothorax in final 3.04C and to evaluate disability for pulmonary our purposes, so we added this 103.04D, respiratory failure in final hypertension in proposed 3.09A. alternative to final 3.04D, 3.14, 103.04E, 3.04D and 103.04E, pulmonary Response: We adopted these and 103.14. hemorrhage requiring vascular recommendations and removed the Other Comments embolization in final 3.04E and 103.04F, echocardiography requirement from and hypoxemia measured by pulse final 3.09. We also removed Comment: One commenter suggested oximetry in final 3.04F. echocardiography from the list of that we include a listing for people with
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respiratory disorders who are dependent depending on the medical resources Other Changes on oxygen supplementation. available to them. The medical In proposed 3.00O and 103.00L, we Response: We are not adopting this equivalence policy provides some included guidance explaining that, for recommendation because the use of flexibility in determining whether a listings that require a specific number of supplemental oxygen does not, by itself, claimant is disabled at step 3 of the events within a 12-month period, the indicate an impairment of listing-level sequential evaluation process by 12-month period must occur within the severity. In proposed 3.00D1 and final allowing us to consider whether the period we are considering in connection 3.00D2 and 103.00D2, we explain that if claimant’s impairment meets the listed with the application or continuing a person uses supplementation oxygen, criteria or is at least equal in severity disability review. We did not, however, we still need medical evidence to and duration to the criteria of any listed provide a reference to proposed 3.00O establish the severity of his or her impairment. The final listings do not and 103.00L in each proposed listing. In respiratory disorder. provide substantive instructions to our these final rules, we include this Comment: One commenter suggested adjudicators for determining such guidance in each listing (final 3.02D, that we include a criterion in 3.02 that equivalence because we can better 3.03B, 3.04B, 3.04F, 3.04G, 3.07, 3.14, requires three hospitalizations within a provide this information through 103.02E, 103.03, 103.04C, 103.04G, and 12-month period for any chronic operating instructions and training respiratory disorder except CF. 103.14) and, as a result, it is Response: We adopted this If we are not able to find that a unnecessary to also include the same recommendation in final 3.02D because person’s impairment due to a chronic guidance in the introductory text. we agree that three hospitalizations of respiratory disorder is disabling using In proposed 3.00D3 and 103.00D3, we 48 hours or longer, 30 days or more our listings, we may still find the person included a requirement that pulmonary apart, within a 12-month period that we disabled at the final steps of the function testing be conducted in are considering in connection with an sequential evaluation process. accordance with the most recently application or continuing disability Comment: One commenter suggested published standards of the ATS. We do review for exacerbations or that we include a criterion in 3.02 for not include this statement in these final complications of a chronic respiratory persistent chronic lung infections that rules because we now include in final disorder will prevent a person from are refractory to treatment or provide 3.00E and 103.00E (for spirometry) and engaging in any gainful activity and, guidance in our internal operating in final 3.00F (for DLCO) the specific therefore, represents listing-level instructions for how to evaluate these ATS testing standards that we require to severity. cases. evaluate respiratory disorders. The ATS Additionally, we are able to evaluate Response: We did not adopt this may revise its testing standards at any chronic respiratory disorders resulting recommendation because we explain in time, in which case we would review in fewer than three hospitalizations in a any new standards and, if appropriate, consecutive 12-month period using final 3.00Q that we evaluate limitations in respiratory function resulting from publish proposed changes to our medical equivalence, under other listing requirements for public comment before criteria, or at other steps in our chronic lung infections under 3.02. We will, however, provide guidance to our revising the rules. sequential evaluation process. For In these final rules, we are example, if a claimant’s chronic adjudicators on how to evaluate chronic lung infections that are resistant to redesignating current 103.00F as respiratory disorder does not precisely 103.00K and revising the reference to meet the hospitalization requirements in treatment when we conduct training on these final rules. 103.00F in listing 103.06 to 103.00K. We final 3.02D, we may find that the are not revising the introductory text or disorder is medically equivalent to that Comment: One commenter suggested the listing requirements, both of which listing, if the disorder is at least that we include a listing for prolonged, we added to the respiratory body system medically equal in severity and duration active infectious periods of in 2015.8 to the listing criteria. Our medical mycobacterium tuberculosis (MTB) equivalence rules permit us to find that lasting longer than 12 months. What is our authority to make rules a disorder is medically equivalent to a Response: We did not adopt this and set procedures for determining listing at step 3 if there are other recommendation because prolonged, whether a person is disabled under the findings related to the disorder that are active infectious periods of MTB lasting statutory definition? at least of equal medical significance to longer than 12 months are extremely The Act authorizes us to make rules the listing criteria (see §§ 404.1526 and rare. MTB is generally treatable with a and regulations and to establish 416.926). 6-month course of antibiotics. If, necessary and appropriate procedures to Although some of our listings include however, active infectious periods implement them. Sections 205(a), criteria for repeated hospitalizations associated with resistance to, or 702(a)(5), and 1631(d)(1) of the Act. (3.02D, 3.03B, 3.04B, 3.07, 103.02E, intolerance of, multiple antibiotics last Regulatory Procedures 103.03, and 103.04C), our medical longer than 12 months, we will evaluate equivalence policy accommodates the impairment under an appropriate Executive Order 12866, as recent trends in clinical care that listing. Supplemented by Executive Order emphasize quality of, rather than 13563 quantity of, medical treatment. The Comment: One commenter suggested medical equivalence policy also that we place the tables in Part A We consulted with the Office of accommodates claimants’ varying level directly following the listings for which Management and Budget (OMB) and of access to medical care (as well as the they are used, similar to how the tables determined that these final rules meet preference of some medical providers to appear in Part B. the criteria for a significant regulatory reduce the use of emergency department Response: We adopted this action under Executive Order 12866, as and hospital-level medical recommendation because we agree that supplemented by Executive Order interventions). This accommodation it is easier for an adjudicator to use a 13563. Therefore, OMB reviewed them. accounts for differences in medical care table when it is located directly people with similar disorders receive following its listing. 8 See 80 FR 19522.
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Regulatory Flexibility Act ■ c. Revising section 3.00 in part A; temperature and pressure, dry, per minute, ■ per millimeter of mercury. We certify that these final rules will d. Revising in part B the body system name for section 103.00 in the table of 14. PaO2 means arterial blood partial not have a significant economic impact pressure of oxygen. on a substantial number of small entities contents; and ■ e. Revising section 103.00 in part B. 15. PaCO2 means arterial blood partial because they affect individuals only. The revisions read as follows: pressure of carbon dioxide. Therefore, the Regulatory Flexibility 16. SpO2 means percentage of oxygen Act, as amended, does not require us to Appendix 1 to Subpart P of Part 404— saturation of blood hemoglobin measured by prepare a regulatory flexibility analysis. Listing of Impairments pulse oximetry. 17. 6MWT means 6-minute walk test. Paperwork Reduction Act * * * * * 18. VI means volume of inhaled gas during a DLCO test. This final rule does not create any 4. Respiratory Disorders (3.00 and 103.00): October 7, 2019. D. What documentation do we need to new or affect any existing collections evaluate your respiratory disorder? and, therefore, does not require OMB * * * * * 1. We need medical evidence to document approval under the Paperwork Part A and assess the severity of your respiratory Reduction Act. * * * * * disorder. Medical evidence should include 3.00 Respiratory Disorders. your medical history, physical examination (Catalog of Federal Domestic Assistance findings, the results of imaging (see 3.00D3), Program Nos. 96.001, Social Security— * * * * * 3.00 RESPIRATORY DISORDERS pulmonary function tests (see 3.00D4), other Disability Insurance; 96.002, Social relevant laboratory tests, and descriptions of Security—Retirement Insurance; 96.004, A. Which disorders do we evaluate in this body system? any prescribed treatment and your response Social Security—Survivors Insurance; and 1. We evaluate respiratory disorders that to it. We may not need all of this evidence 96.006, Supplemental Security Income). result in obstruction (difficulty moving air depending on your particular respiratory out of the lungs) or restriction (difficulty disorder and its effects on you. List of Subjects moving air into the lungs), or that interfere 2. If you use supplemental oxygen, we still need medical evidence to establish the 20 CFR Part 404 with diffusion (gas exchange) across cell membranes in the lungs. Examples of such severity of your respiratory disorder. Administrative practice and disorders and the listings we use to evaluate 3. Imaging refers to medical imaging procedure; Blind, Disability benefits; them include chronic obstructive pulmonary techniques, such as x-ray and computerized tomography. The imaging must be consistent Old-age, Survivors, and Disability disease (chronic bronchitis and emphysema, 3.02), pulmonary fibrosis and with the prevailing state of medical Insurance; Reporting and recordkeeping knowledge and clinical practice as the proper requirements; Social Security. pneumoconiosis (3.02), asthma (3.02 or 3.03), cystic fibrosis (3.04), and bronchiectasis (3.02 technique to support the evaluation of the disorder. 20 CFR Part 416 or 3.07). We also use listings in this body system to evaluate respiratory failure (3.04D 4. Pulmonary function tests include Administrative practice and or 3.14), chronic pulmonary hypertension spirometry (which measures ventilation of procedure; Aged, Blind, Disability (3.09), and lung transplantation (3.11). the lungs), DLCO tests (which measure gas benefits; Public assistance programs; 2. We evaluate cancers affecting the diffusion in the lungs), ABG tests (which Reporting and recordkeeping respiratory system under the listings in measure the partial pressure of oxygen, PaO2, 13.00. We evaluate the pulmonary effects of and carbon dioxide, PaCO2, in the arterial requirements; Supplemental Security blood), and pulse oximetry (which measures Income (SSI). neuromuscular and autoimmune disorders under these listings or under the listings in oxygen saturation, SpO2, of peripheral blood Carolyn W. Colvin, 11.00 or 14.00, respectively. hemoglobin). E. What is spirometry and what are our Acting Commissioner of Social Security. B. What are the symptoms and signs of respiratory disorders? Symptoms and signs of requirements for an acceptable test and For the reasons set out in the respiratory disorders include dyspnea report? preamble, we are amending 20 CFR part (shortness of breath), chest pain, coughing, 1. Spirometry, which measures how well 404 subpart P and part 416 subpart I as wheezing, sputum production, hemoptysis you move air into and out of your lungs, involves at least three forced expiratory set forth below: (coughing up blood from the respiratory tract), use of accessory muscles of maneuvers during the same test session. A respiration, and tachypnea (rapid rate of forced expiratory maneuver is a maximum PART 404—FEDERAL OLD-AGE, inhalation followed by a forced maximum SURVIVORS AND DISABILITY breathing). C. What abbreviations do we use in this exhalation, and measures exhaled volumes of INSURANCE (1950–) body system? air over time. The volume of air you exhale 1. ABG means arterial blood gas. in the first second of the forced expiratory Subpart P—Determining Disability and 2. BiPAP means bi-level positive airway maneuver is the FEV1. The total volume of Blindness pressure ventilation. air that you exhale during the entire forced 3. BTPS means body temperature and expiratory maneuver is the FVC. We use your ■ 1. The authority citation for subpart P ambient pressure, saturated with water highest FEV1 value to evaluate your of part 404 continues to read as follows: vapor. respiratory disorder under 3.02A, 3.03A, and 4. CF means cystic fibrosis. 3.04A, and your highest FVC value to Authority: Secs. 202, 205(a)-(b) and (d)- 5. CFRD means CF-related diabetes. evaluate your respiratory disorder under (h), 216(i), 221(a), (i), and (j), 222(c), 223, 6. CFTR means CF transmembrane 3.02B, regardless of whether the values are 225, and 702(a)(5) of the Social Security Act conductance regulator. from the same forced expiratory maneuver or (42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 7. CO means carbon monoxide. different forced expiratory maneuvers. 421(a), (i), and (j), 422(c), 423, 425, and 8. COPD means chronic obstructive 2. We have the following requirements for 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 pulmonary disease. spirometry under these listings: Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 9. DLCO means diffusing capacity of the a. You must be medically stable at the time 118 Stat. 509 (42 U.S.C. 902 note). lungs for carbon monoxide. of the test. Examples of when we would not ■ 2. Amend appendix 1 to subpart P of 10. FEV1 means forced expiratory volume consider you to be medically stable include in the first second of a forced expiratory when you are: part 404 by: maneuver. (i) Within 2 weeks of a change in your ■ a. Revising item 4 of the introductory 11. FVC means forced vital capacity. prescribed respiratory medication. text before part A; 12. L means liter. (ii) Experiencing, or within 30 days of ■ b. Revising the body system name for 13. mL CO (STPD)/min/mmHg means completion of treatment for, a lower section 3.00 in the table of contents; milliliters of carbon monoxide at standard respiratory tract infection.
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(iii) Experiencing, or within 30 days of COPD (particularly emphysema), even when record to determine if we need the test. The completion of treatment for, an acute the results of spirometry are not significantly medical source we designate to administer exacerbation (temporary worsening) of a reduced. We use the average of two of your the test is solely responsible for deciding chronic respiratory disorder. Wheezing by unadjusted (that is, uncorrected for whether it is safe for you to do the test and itself does not indicate that you are not hemoglobin concentration) DLCO for how to administer it. medically stable. measurements reported in mL CO (STPD)/ G. What is an ABG test, and what are our (iv) Hospitalized, or within 30 days of a min/mmHg to evaluate your respiratory requirements for an acceptable test and hospital discharge, for an acute myocardial disorder under 3.02C1. report? infarction (heart attack). 2. We have the following requirements for 1. General. An ABG test measures PaO2, b. During testing, if your FEV1 is less than DLCO tests under these listings: PaCO2, and the concentration of hydrogen 70 percent of your predicted normal value, a. You must be medically stable at the time ions in your arterial blood. We use a resting we require repeat spirometry after inhalation of the test. See 3.00E2a. or an exercise ABG measurement to evaluate of a bronchodilator to evaluate your b. The test must use the single-breath your respiratory disorder under 3.02C2. respiratory disorder under these listings, technique. 2. Resting ABG tests. unless it is medically contraindicated. If you (i) The VI during the DLCO maneuver must a. We have the following requirements for used a bronchodilator before the test and be at least 85 percent of your current FVC, resting ABG tests under these listings: your FEV1 is less than 70 percent of your and your time of inhalation must be less than (i) You must be medically stable at the time predicted normal value, we still require 4 seconds. (See 3.00E for our rules for of the test. See 3.00E2a. repeat spirometry after inhalation of a programmatically acceptable spirometry.) If (ii) The test must be administered while bronchodilator unless the supervising you do not have an FVC measurement on the you are breathing room air; that is, without physician determines that it is not safe for same day as the DLCO test, we may use your oxygen supplementation. you to take a bronchodilator again (in which FVC from programmatically acceptable b. The resting ABG test report must include case we may need to reschedule the test). If spirometry administered within 90 days of the following information: you do not have post-bronchodilator the DLCO test. (i) Your name, the date of the test, and spirometry, the test report must explain why. (ii) Your breath-hold time must be between either the altitude or both the city and State We can use the results of spirometry 8 and 12 seconds. of the test site. administered without bronchodilators when (iii) Your total exhalation time must be less (ii) The PaO2 and PaCO2 values. the use of bronchodilators is medically than or equal to 4 seconds, with a sample c. We may need to purchase a resting ABG contraindicated. collection time of less than 3 seconds. If your test to determine whether your disorder c. Your forced expiratory maneuvers must FVC is at least 2.0 L, the washout volume meets 3.02C2 when we have evidence be satisfactory. We consider a forced must be between 0.75 L and 1.0 L. If your showing that you have a chronic respiratory expiratory maneuver to be satisfactory when FVC is less than 2.0 L, the washout volume disorder that could result in impaired gas you exhale with maximum effort following a must be at least 0.5 L. exchange, unless we can make a fully full inspiration, and when the test tracing has 3. The DLCO test report must include the favorable determination or decision on a sharp takeoff and rapid rise to peak flow, following information: another basis. has a smooth contour, and either lasts for at a. The date of the test and your name, age d. Before we purchase a resting ABG test, least 6 seconds or maintains a plateau for at or date of birth, gender, and height without a medical consultant (see §§ 404.1616 and least 1 second. shoes. (We will assume that your recorded 416.1016 of this chapter), preferably one with 3. The spirometry report must include the height on the date of the test is without experience in the care of people with following information: shoes, unless we have evidence to the respiratory disorders, must review your case a. The date of the test and your name, age contrary.) If your spine is abnormally curved record to determine if we need the test. The or date of birth, gender, and height without (for example, you have kyphoscoliosis), we medical source we designate to administer shoes. (We will assume that your recorded will substitute the longest distance between the test is solely responsible for deciding height on the date of the test is without your outstretched fingertips with your arms whether it is safe for you to do the test and shoes, unless we have evidence to the abducted 90 degrees in place of your height for how to administer it. contrary.) If your spine is abnormally curved when this measurement is greater than your 3. Exercise ABG tests. (for example, you have kyphoscoliosis), we standing height without shoes. a. We will not purchase an exercise ABG will substitute the longest distance between b. Any factors, if applicable, that can affect test. your outstretched fingertips with your arms the interpretation of the test results (for b. We have the following requirements for abducted 90 degrees in place of your height example, your cooperation or effort in doing exercise ABG tests under these listings: when this measurement is greater than your the test). (i) You must have done the exercise under standing height without shoes. c. Legible tracings of your VI, breath-hold steady state conditions while breathing room b. Any factors, if applicable, that can affect maneuver, and volume of exhaled gas air. If you were tested on a treadmill, you the interpretation of the test results (for showing your name and the date of the test generally must have exercised for at least 4 example, your cooperation or effort in doing for each DLCO maneuver. minutes at a grade and speed providing the test). d. At least two acceptable (see 3.00F2) oxygen (O2) consumption of approximately c. Legible tracings of your forced expiratory DLCO measurements within 3 mL CO 17.5 milliliters per kilogram per minute (mL/ maneuvers in a volume-time format showing (STPD)/min/mmHg of each other or within kg/min) or 5.0 metabolic equivalents (METs). your name and the date of the test for each 10 percent of the highest value. If you were tested on a cycle ergometer, you maneuver. 4. We may need to purchase a DLCO test generally must have exercised for at least 4 4. If we purchase spirometry, the medical to determine whether your disorder meets minutes at an exercise equivalent of 5.0 source we designate to administer the test is 3.02C1 when we have evidence showing that METs. solely responsible for deciding whether it is you have a chronic respiratory disorder that (ii) We may use a test in which you have safe for you to do the test and for how to could result in impaired gas exchange, unless not exercised for at least 4 minutes. If you administer it. we can make a fully favorable determination were unable to complete at least 4 minutes F. What is a DLCO test, and what are our or decision on another basis. Since the DLCO of steady state exercise, we need a statement requirements for an acceptable test and calculation requires a current FVC by the person administering the test about report? measurement, we may also purchase whether the results are a valid indication of 1. A DLCO test measures the gas exchange spirometry at the same time as the DLCO test, your respiratory status. For example, this across cell membranes in your lungs. It even if we already have programmatically statement may include information about measures how well CO diffuses from the acceptable spirometry. your cooperation or effort in doing the test alveoli (air sacs) of your lungs into your 5. Before we purchase a DLCO test, a and whether you were limited in completing blood. DLCO may be severely reduced in medical consultant (see §§ 404.1616 and the test because of your respiratory disorder some disorders, such as interstitial lung 416.1016 of this chapter), preferably one with or another impairment. disease (for example, idiopathic pulmonary experience in the care of people with c. The exercise ABG test report must fibrosis, asbestosis, and sarcoidosis) and respiratory disorders, must review your case include the following information:
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(i) Your name, the date of the test, and b. Your pulse oximetry measurement must appropriate definitive laboratory test for either the altitude or both the city and state be recorded while you are breathing room air; diagnosing CF. The report must provide the of the test site. that is, without oxygen supplementation. test results or explain how your diagnosis (ii) The PaO2 and PaCO2 values. c. If you have had more than one was established that is consistent with the H. What is pulse oximetry, and what are measurement (for example, at rest and after prevailing state of medical knowledge and our requirements for an acceptable test and a 6MWT), we will use the measurement with clinical practice. report? the lowest SpO2 value. 3. CF pulmonary exacerbations. Examples 1. Pulse oximetry measures SpO2, the d. The pulse oximetry report must include of CF pulmonary exacerbations include percentage of oxygen saturation of blood your name, the date of the test, and either the increased cough and sputum production, hemoglobin. We use a pulse oximetry altitude or both the city and State of the test hemoptysis, increased shortness of breath, measurement (either at rest, during a 6MWT, site. If you have CF, we do not require a increased fatigue, and reduction in or after a 6MWT) to evaluate your respiratory graphical printout showing your SpO2 value pulmonary function. Treatment usually disorder under 3.02C3 or, if you have CF, to and a concurrent, acceptable pulse wave. includes intravenous antibiotics and evaluate it under 3.04F. I. What is asthma and how do we evaluate intensified airway clearance therapy (for 2. We have the following requirements for it? example, increased frequencies of chest pulse oximetry under 3.02C3: 1. Asthma is a chronic inflammatory percussion or increased use of inhaled a. You must be medically stable at the time disorder of the lung airways that we evaluate nebulized therapies, such as bronchodilators of the test. See 3.00E2a. under 3.02 or 3.03. If you have respiratory or mucolytics). b. Your pulse oximetry measurement must failure resulting from chronic asthma (see 4. For 3.04G, we require any two be recorded while you are breathing room air; 3.00N), we will evaluate it under 3.14. exacerbations or complications from the list that is, without oxygen supplementation. 2. For the purposes of 3.03: in 3.04G1 through 3.04G4 within a 12-month c. Your pulse oximetry measurement must a. We need evidence showing that you period. You may have two of the same be stable. By ‘‘stable,’’ we mean that the have listing-level (see Table VI in 3.03A) exacerbation or complication or two different range of SpO2 values (that is, lowest to airflow obstruction at baseline while you are ones. highest) during any 15-second interval medically stable. a. If you have two of the acute cannot exceed 2 percentage points. For b. The phrase ‘‘consider under a disability exacerbations or complications we describe example: (1) The measurement is stable if the for 1 year’’ in 3.03B does not refer to the date in 3.04G1 and 3.04G2, there must be at least lowest SpO2 value during a 15-second on which your disability began, only to the 30 days between the two. interval is 87 percent and the highest value date on which we must reevaluate whether b. If you have one of the acute is 89 percent—a range of 2 percentage points. your asthma continues to meet a listing or is exacerbations or complications we describe (2) The measurement is not stable if the otherwise disabling. in 3.04G1 and 3.04G2 and one of the chronic lowest value is 86 percent and the highest c. We determine the onset of your complications we describe in 3.04G3 and value is 89 percent—a range of 3 percentage disability based on the facts of your case, but 3.04G4, the two can occur during the same points. it will be no later than the admission date of time. For example, your CF meets 3.04G if d. If you have had more than one your first of three hospitalizations that satisfy you have the pulmonary hemorrhage we measurement (for example, at rest and after the criteria of 3.03B. describe in 3.04G2 and the weight loss we a 6MWT), we will use the measurement with J. What is CF and how do we evaluate it? describe in 3.04G3 even if the pulmonary the lowest SpO2 value. 1. General. We evaluate CF, a genetic hemorrhage occurs during the 90-day period e. The pulse oximetry report must include disorder that results in abnormal salt and in 3.04G3. the following information: water transport across cell membranes in the c. Your CF also meets 3.04G if you have (i) Your name, the date of the test, and lungs, pancreas, and other body organs, both of the chronic complications in 3.04G3 either the altitude or both the city and State under 3.04. We need the evidence described and 3.04G4. of the test site. in 3.00J2 to establish that you have CF. 5. CF may also affect other body systems (ii) A graphical printout showing your SpO2 2. Documentation of CF. We need a report such as digestive or endocrine. If your CF, value and a concurrent, acceptable pulse signed by a physician (see §§ 404.1513(a) and including pulmonary exacerbations and wave. An acceptable pulse wave is one that 416.913(a) of this chapter) showing both a nonpulmonary complications, does not meet shows the characteristic pulse wave; that is, and b: or medically equal a respiratory disorders sawtooth-shaped with a rapid systolic a. One of the following: listing, we may evaluate your CF-related upstroke (nearly vertical) followed by a (i) A positive newborn screen for CF; or impairments under the listings in the affected slower diastolic downstroke (angled (ii) A history of CF in a sibling; or body system. downward). (iii) Documentation of at least one specific K. What is bronchiectasis and how do we f. We may need to purchase pulse oximetry CF phenotype or clinical criterion (for evaluate it? Bronchiectasis is a chronic at rest to determine whether your disorder example, chronic sino-pulmonary disease respiratory disorder that is characterized by meets 3.02C3 when we have evidence with persistent colonization or infections abnormal and irreversible dilatation showing that you have a chronic respiratory with typical CF pathogens, pancreatic (enlargement) of the airways below the disorder that could result in impaired gas insufficiency, or salt-loss syndromes); and trachea, which may be associated with the exchange, unless we can make a fully b. One of the following definitive accumulation of mucus, bacterial infections, favorable determination or decision on laboratory tests: and eventual airway scarring. We require another basis. We may purchase pulse (i) An elevated sweat chloride imaging (see 3.00D3) to document this oximetry during and after a 6MWT if your concentration equal to or greater than 60 disorder. We evaluate your bronchiectasis SpO2 value at rest is greater than the value millimoles per L; or under 3.02, or under 3.07 if you are having in Table V. (ii) The identification of two CF gene exacerbations or complications (for example, g. Before we purchase pulse oximetry, a mutations affecting the CFTR; or acute bacterial infections, increased medical consultant (see §§ 404.1616 and (iii) Characteristic abnormalities in ion shortness of breath, or coughing up blood) 416.1016 of this chapter), preferably one with transport across the nasal epithelium. that require hospitalization. experience in the care of people with c. When we have the report showing a and L. What is chronic pulmonary hypertension respiratory disorders, must review your case b, but it is not signed by a physician, we also and how do we evaluate it? record to determine if we need the test. The need a report from a physician stating that 1. Chronic pulmonary hypertension is an medical source we designate to administer you have CF. increase in the blood pressure of the blood the test is solely responsible for deciding d. When we do not have the report vessels of the lungs. If pulmonary whether it is safe for you to do the test and showing a and b, we need a report from a hypertension is not adequately treated, it can for how to administer it. physician that is persuasive that a positive eventually result in right heart failure. We 3. We have the following requirements for diagnosis of CF was confirmed by an evaluate chronic pulmonary hypertension pulse oximetry under 3.04F: appropriate definitive laboratory test. To be due to any cause under 3.09. a. You must be medically stable at the time persuasive, this report must include a 2. Chronic pulmonary hypertension is of the test. See 3.00E2a. statement by the physician that you had the usually diagnosed by catheterization of the
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pulmonary artery. We will not purchase the respiratory system to supply adequate 1. These listings are only examples of cardiac catheterization. oxygen to the body. The combined effects of common respiratory disorders that we M. How do we evaluate lung obesity with a respiratory disorder can be consider severe enough to prevent you from transplantation? If you receive a lung greater than the effects of each of the doing any gainful activity. If your transplant (or a lung transplant impairments considered separately. We impairment(s) does not meet the criteria of simultaneously with other organs, such as consider any additional and cumulative any of these listings, we must also consider the heart), we will consider you to be effects of your obesity when we determine whether you have an impairment(s) that disabled under 3.11 for 3 years from the date whether you have a severe respiratory meets the criteria of a listing in another body of the transplant. After that, we evaluate your disorder, a listing-level respiratory disorder, system. For example, if your CF has resulted residual impairment(s) by considering the a combination of impairments that medically in chronic pancreatic or hepatobiliary adequacy of your post-transplant function, equals the severity of a listed impairment, the frequency and severity of any rejection disease, we evaluate your impairment under and when we assess your residual functional the listings in 5.00. episodes you have, complications in other capacity. body systems, and adverse treatment effects. 2. If you have a severe medically P. What are sleep-related breathing determinable impairment(s) that does not People who receive organ transplants disorders and how do we evaluate them? meet a listing, we will determine whether generally have impairments that meet our 1. Sleep-related breathing disorders (for your impairment(s) medically equals a definition of disability before they undergo example, sleep apnea) are characterized by listing. See §§ 404.1526 and 416.926 of this transplantation. The phrase ‘‘consider under transient episodes of interrupted breathing a disability for 3 years’’ in 3.11 does not refer during sleep, which disrupt normal sleep chapter. Respiratory disorders may be to the date on which your disability began, patterns. Prolonged episodes can result in associated with disorders in other body only to the date on which we must reevaluate disorders such as hypoxemia (low blood systems, and we consider the combined whether your impairment(s) continues to oxygen) and pulmonary vasoconstriction effects of multiple impairments when we meet a listing or is otherwise disabling. We (restricted blood flow in pulmonary blood determine whether they medically equal a determine the onset of your disability based listing. If your impairment(s) does not meet on the facts of your case. vessels). Over time, these disorders may lead to chronic pulmonary hypertension or other or medically equal a listing, you may or may N. What is respiratory failure and how do not have the residual functional capacity to we evaluate it? Respiratory failure is the complications. engage in substantial gainful activity. We inability of the lungs to perform their basic 2. We evaluate the complications of sleep- proceed to the fourth step and, if necessary, function of gas exchange. We evaluate related breathing disorders under the listings respiratory failure under 3.04D if you have in the affected body system(s). For example, the fifth step of the sequential evaluation CF-related respiratory failure, or under 3.14 we evaluate chronic pulmonary hypertension process in §§ 404.1520 and 416.920 of this if you have respiratory failure due to any due to any cause under 3.09; chronic heart chapter. We use the rules in §§ 404.1594 and other chronic respiratory disorder. failure under 4.02; and disturbances in mood, 416.994 of this chapter, as appropriate, when Continuous positive airway pressure does not cognition, and behavior under 12.02 or we decide whether you continue to be satisfy the criterion in 3.04D or 3.14, and another appropriate mental disorders listing. disabled. We will not purchase polysomnography cannot be substituted as an equivalent 3.01 Category of Impairments, Respiratory (sleep study). finding, for invasive mechanical ventilation Disorders or noninvasive ventilation with BiPAP. Q. How do we evaluate mycobacterial, O. How do we consider the effects of mycotic, and other chronic infections of the 3.02 Chronic respiratory disorders due to obesity when we evaluate your respiratory lungs? We evaluate chronic infections of the any cause except CF (for CF, see 3.04) with disorder? Obesity is a medically lungs that result in limitations in your A, B, C, or D: determinable impairment that is often respiratory function under 3.02. A. FEV1 (see 3.00E) less than or equal to associated with respiratory disorders. Obesity R. How do we evaluate respiratory the value in Table I–A or I–B for your age, makes it harder for the chest and lungs to disorders that do not meet one of these gender, and height without shoes (see expand, which can compromise the ability of listings? 3.00E3a).
TABLE I—FEV1 CRITERIA FOR 3.02A
Table I–A Table I–B Height without shoes Height without shoes Age 18 to attainment of age 20 Age 20 or older (centimeters) (inches) < means < means Females FEV1 Males FEV1 Females FEV1 Males FEV1 less than less than less than or less than or less than or less than or equal to equal to equal to equal to (L, BTPS) (L, BTPS) (L, BTPS) (L, BTPS)
<153.0 ...... <60.25 ...... 1.20 1.45 1.05 1.20 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.30 1.55 1.15 1.35 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.40 1.65 1.25 1.40 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.45 1.75 1.35 1.50 169.0 to <174.0 ...... 66.50 to <68.50 ...... 1.55 1.85 1.45 1.60 174.0 to <180.0 ...... 68.50 to <70.75 ...... 1.65 2.00 1.55 1.75 180.0 to <185.0 ...... 70.75 to <72.75 ...... 1.75 2.10 1.65 1.85 185.0 or more ...... 72.75 or more ...... 1.80 2.15 1.70 1.90
OR gender, and height without shoes (see B. FVC (see 3.00E) less than or equal to the 3.00E3a). value in Table II–A or II–B for your age,
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TABLE II—FVC CRITERIA FOR 3.02B
Table II–A Table II–B Age 18 to attainment of age 20 Age 20 or older Height without shoes Height without shoes (centimeters) (inches) Males < means less than < means less than Females FVC Females FVC Females FVC FVC less than or less than or less than or less than or equal to equal to equal to equal to (L, BTPS) (L, BTPS) (L, BTPS) (L, BTPS)
<153.0 ...... <60.25 ...... 1.35 1.65 1.30 1.50 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.50 1.80 1.40 1.65 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.60 1.90 1.50 1.75 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.70 2.05 1.60 1.90 169.0 to <174.0 ...... 66.50 to <68.50 ...... 1.80 2.20 1.70 2.00 174.0 to <180.0 ...... 68.50 to <70.75 ...... 1.90 2.35 1.85 2.20 180.0 to <185.0 ...... 70.75 to <72.75 ...... 2.05 2.50 1.95 2.30 185.0 or more ...... 72.75 or more ...... 2.10 2.60 2.00 2.40
OR 1. Average of two unadjusted, single-breath equal to the value in Table III for your gender C. Chronic impairment of gas exchange DLCO measurements (see 3.00F) less than or and height without shoes (see 3.00F3a); or demonstrated by 1, 2, or 3:
TABLE III—DLCO CRITERIA FOR 3.02C1
Females DLCO less Males DLCO less than Height without shoes Height without shoes than or equal to or equal to (centimeters) (inches) (mL CO (STPD)/min/ (mL CO (STPD)/min/ < means less than < means less than mmHg) mmHg)
<153.0 ...... < 60.25 ...... 8.0 9.0 153.0 to <159.0 ...... 60.25 to <62.50 ...... 8.5 9.5 159.0 to <164.0 ...... 62.50 to <64.50 ...... 9.0 10.0 164.0 to <169.0 ...... 64.50 to <66.50 ...... 9.5 10.5 169.0 to <174.0 ...... 66.50 to <68.50 ...... 10.0 11.0 174.0 to <180.0 ...... 68.50 to <70.75 ...... 10.5 11.5 180.0 to <185.0 ...... 70.75 to <72.75 ...... 11.0 12.0 185.0 or more ...... 72.75 or more ...... 11.5 12.5
2. Arterial PaO2 and PaCO2 measured TABLE IV–B TABLE IV–C—Continued concurrently by an ABG test, while at rest or [Applicable at test sites from 3,000 through [Applicable at test sites over 6,000 feet above during steady state exercise, breathing room 6,000 feet above sea level] sea level] air (see 3.00G3b), less than or equal to the
applicable values in Table IV–A, IV–B, or IV– Arterial PaO2 Arterial PaO2 C; or less than or less than or Arterial PaCO2 (mm Hg) and equal to Arterial PaCO2 (mm Hg) and equal to Tables IV–A, IV–B, and IV–C—ABG Criteria (mm Hg) (mm Hg) for 3.02C2 30 or below ...... 60 32 ...... 53 TABLE IV–A 31 ...... 59 33 ...... 52 32 ...... 58 34 ...... 51 [Applicable at test sites less than 3,000 feet above sea level] 33 ...... 57 35 ...... 50 34 ...... 56 36 ...... 49 35 ...... 55 37 ...... 48 Arterial PaO2 36 ...... 54 38 ...... 47 less than or 37 ...... 53 Arterial PaCO2 (mm Hg) and equal to 39 ...... 46 (mm Hg) 38 ...... 52 40 or above ...... 45 39 ...... 51 40 or above ...... 50 30 or below ...... 65 3. SpO2 measured by pulse oximetry (see 31 ...... 64 3.00H2) either at rest, during a 6MWT, or after a 6MWT, less than or equal to the value 32 ...... 63 TABLE IV–C in Table V. 33 ...... 62 [Applicable at test sites over 6,000 feet above 34 ...... 61 sea level] TABLE V—SpO2 CRITERIA FOR 3.02C3 35 ...... 60 36 ...... 59 Arterial PaO2 Test site altitude SpO2 less than 37 ...... 58 less than or (feet above sea level) or equal to Arterial PaCO2 (mm Hg) and 38 ...... 57 equal to (mm Hg) 39 ...... 56 Less than 3,000 ...... 87 percent. 40 or above ...... 55 3,000 through 6,000 ...... 85 percent. 30 or below ...... 55 Over 6,000 ...... 83 percent. 31 ...... 54
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OR review). Each hospitalization must last at A. FEV1 (see 3.00E1) less than or equal to D. Exacerbations or complications least 48 hours, including hours in a hospital the value in Table VI–A or VI–B for your age, requiring three hospitalizations within a 12- emergency department immediately before gender, and height without shoes (see month period and at least 30 days apart (the the hospitalization. 3.00E3a) measured within the same 12- 12-month period must occur within the 3.03 Asthma (see 3.00I), with both A and month period as the hospitalizations in period we are considering in connection with B: 3.03B. your application or continuing disability
TABLE VI—FEV1 CRITERIA FOR 3.03A
Table VI–A Table VI–B
Height without shoes Height without shoes Age 18 to attainment of age 20 Age 20 or older (centimeters) (inches) Males Males < means < means Females FEV1 Females FEV1 FEV1 FEV1 less than less than less than or less than or less than or less than or equal to equal to equal to equal to (L, BTPS) (L, BTPS) (L, BTPS) (L, BTPS)
<153.0 ...... <60.25 ...... 1.65 1.90 1.45 1.60 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.75 2.05 1.55 1.75 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.85 2.15 1.65 1.90 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.95 2.30 1.75 2.00 169.0 to <174.0 ...... 66.50 to <68.50 ...... 2.05 2.45 1.85 2.15 174.0 to <180.0 ...... 68.50 to <70.75 ...... 2.20 2.60 2.00 2.30 180.0 to <185.0 ...... 70.75 to <72.75 ...... 2.35 2.75 2.10 2.45 185.0 or more ...... 72.75 or more ...... 2.40 2.85 2.20 2.55
AND least 48 hours, including hours in a hospital 3.04 Cystic fibrosis (documented as B. Exacerbations or complications emergency department immediately before described in 3.00J2) with A, B, C, D, E, F, or requiring three hospitalizations within a 12- the hospitalization. Consider under a G: month period and at least 30 days apart (the disability for 1 year from the discharge date A. FEV1 (see 3.00E) less than or equal to 12-month period must occur within the of the last hospitalization; after that, evaluate the value in Table VII–A or VII–B for your period we are considering in connection with your application or continuing disability the residual impairment(s) under 3.03 or age, gender, and height without shoes (see review). Each hospitalization must last at another appropriate listing. 3.00E3a).
TABLE VII—FEV1 CRITERIA FOR 3.04A
Table VII–A Table VII–B
Height without shoes Height without shoes Age 18 to attainment of age 20 Age 20 or older (centimeters) (inches) < means < means Females Males Females Males FEV1 FEV1 FEV1 FEV1 less than less than less than less than less than less than or equal to or equal to or equal to or equal to (L, BTPS) (L, BTPS) (L, BTPS) (L, BTPS)
<153.0 ...... <60.25 ...... 1.65 1.90 1.45 1.60 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.75 2.05 1.55 1.75 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.85 2.15 1.65 1.90 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.95 2.30 1.75 2.00 169.0 to <174.0 ...... 66.50 to <68.50 ...... 2.05 2.45 1.85 2.15 174.0 to <180.0 ...... 68.50 to <70.75 ...... 2.20 2.60 2.00 2.30 180.0 to <185.0 ...... 70.75 to <72.75 ...... 2.35 2.75 2.10 2.45 185.0 or more ...... 72.75 or more ...... 2.40 2.85 2.20 2.55
OR both treatments, for a continuous period of at TABLES VIII—SpO2 CRITERIA FOR B. Exacerbations or complications (see least 48 hours, or for a continuous period of 3.04F 3.00J3) requiring three hospitalizations of any at least 72 hours if postoperatively. length within a 12-month period and at least OR Test site altitude SpO2 less than 30 days apart (the 12-month period must E. Pulmonary hemorrhage requiring (feet above sea level) or equal to occur within the period we are considering vascular embolization to control bleeding. in connection with your application or OR Less than 3,000 ...... 89 percent. continuing disability review). F. SpO2 measured by pulse oximetry (see 3,000 through 6,000 ...... 87 percent. OR 3.00H3) either at rest, during a 6MWT, or Over 6,000 ...... 85 percent. C. Spontaneous pneumothorax, secondary after a 6MWT, less than or equal to the value to CF, requiring chest tube placement. in Table VIII, twice within a 12-month period OR OR and at least 30 days apart (the 12-month G. Two of the following exacerbations or D. Respiratory failure (see 3.00N) requiring period must occur within the period we are complications (either two of the same or two invasive mechanical ventilation, noninvasive considering in connection with your different, see 3.00J3 and 3.00J4) within a 12- ventilation with BiPAP, or a combination of application or continuing disability review). month period (the 12-month period must
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occur within the period we are considering disease (103.02), chronic lung disease of air over time. The volume of air you exhale in connection with your application or infancy (also known as bronchopulmonary in the first second of the forced expiratory continuing disability review): dysplasia, 103.02C or 103.02E), pulmonary maneuver is the FEV1. The total volume of 1. Pulmonary exacerbation requiring 10 fibrosis (103.02), asthma (103.02 or 103.03), air that you exhale during the entire forced consecutive days of intravenous antibiotic and cystic fibrosis (103.04). We also use expiratory maneuver is the FVC. We use your treatment. listings in this body system to evaluate highest FEV1 value to evaluate your 2. Pulmonary hemorrhage (hemoptysis respiratory failure resulting from an respiratory disorder under 103.02A and with more than blood-streaked sputum but underlying chronic respiratory disorder 103.04A, and your highest FVC value to not requiring vascular embolization) (103.04E or 103.14) and lung transplantation evaluate your respiratory disorder under requiring hospitalization of any length. (103.11). 103.02B, regardless of whether the values are 3. Weight loss requiring daily 2. We evaluate cancers affecting the from the same forced expiratory maneuver or supplemental enteral nutrition via a respiratory system under the listings in different forced expiratory maneuvers. We gastrostomy for at least 90 consecutive days 113.00. We evaluate the pulmonary effects of will not purchase spirometry for children or parenteral nutrition via a central venous neuromuscular and autoimmune disorders who have not attained age 6. catheter for at least 90 consecutive days. under these listings or under the listings in 2. We have the following requirements for 4. CFRD requiring daily insulin therapy for 111.00 or 114.00, respectively. spirometry under these listings: at least 90 consecutive days. B. What are the symptoms and signs of a. You must be medically stable at the time 3.05 [Reserved] respiratory disorders? Symptoms and signs of of the test. Examples of when we would not 3.06 [Reserved] respiratory disorders include dyspnea consider you to be medically stable include 3.07 Bronchiectasis (see 3.00K), (shortness of breath), chest pain, coughing, when you are: documented by imaging (see 3.00D3), with wheezing, sputum production, hemoptysis (i) Within 2 weeks of a change in your exacerbations or complications requiring (coughing up blood from the respiratory prescribed respiratory medication. three hospitalizations within a 12-month tract), use of accessory muscles of (ii) Experiencing, or within 30 days of period and at least 30 days apart (the 12- respiration, and tachypnea (rapid rate of completion of treatment for, a lower month period must occur within the period breathing). respiratory tract infection. we are considering in connection with your C. What abbreviations do we use in this (iii) Experiencing, or within 30 days of application or continuing disability review). body system? completion of treatment for, an acute Each hospitalization must last at least 48 1. BiPAP means bi-level positive airway exacerbation (temporary worsening) of a hours, including hours in a hospital pressure ventilation. chronic respiratory disorder. Wheezing by emergency department immediately before 2. BTPS means body temperature and itself does not indicate that you are not the hospitalization. ambient pressure, saturated with water medically stable. 3.08 [Reserved] vapor. b. During testing, if your FEV1 is less than 3.09 Chronic pulmonary hypertension 3. CF means cystic fibrosis. 70 percent of your predicted normal value, due to any cause (see 3.00L) documented by 4. CFRD means CF-related diabetes. we require repeat spirometry after inhalation mean pulmonary artery pressure equal to or 5. CFTR means CF transmembrane of a bronchodilator to evaluate your greater than 40 mm Hg as determined by conductance regulator. respiratory disorder under these listings, cardiac catheterization while medically 6. CLD means chronic lung disease of unless it is medically contraindicated. If you stable (see 3.00E2a). infancy. used a bronchodilator before the test and 3.10 [Reserved] 7. FEV1 means forced expiratory volume in your FEV1 is less than 70 percent of your 3.11 Lung transplantation (see 3.00M). the first second of a forced expiratory predicted normal value, we still require Consider under a disability for 3 years from maneuver. repeat spirometry after inhalation of a the date of the transplant; after that, evaluate 8. FVC means forced vital capacity. bronchodilator unless the supervising the residual impairment(s). 9. L means liter. physician determines that it is not safe for 3.12 [Reserved] D. What documentation do we need to you to take a bronchodilator again (in which 3.13 [Reserved] evaluate your respiratory disorder? case we may need to reschedule the test). If 3.14 Respiratory failure (see 3.00N) 1. We need medical evidence to document you do not have post-bronchodilator resulting from any underlying chronic and assess the severity of your respiratory spirometry, the test report must explain why. respiratory disorder except CF (for CF, see disorder. Medical evidence should include We can use the results of spirometry 3.04D), requiring invasive mechanical your medical history, physical examination administered without bronchodilators when ventilation, noninvasive ventilation with findings, the results of imaging (see the use of bronchodilators is medically BiPAP, or a combination of both treatments, 103.00D3), spirometry (see 103.00E), other contraindicated. for a continuous period of at least 48 hours, relevant laboratory tests, and descriptions of c. Your forced expiratory maneuvers must or for a continuous period of at least 72 hours any prescribed treatment and your response be satisfactory. We consider a forced if postoperatively, twice within a 12-month to it. We may not need all of this evidence expiratory maneuver to be satisfactory when period and at least 30 days apart (the 12- depending on your particular respiratory you exhale with maximum effort following a month period must occur within the period disorder and its effects on you. full inspiration, and when the test tracing has we are considering in connection with your 2. If you use supplemental oxygen, we still a sharp takeoff and rapid rise to peak flow, application or continuing disability review). need medical evidence to establish the has a smooth contour, and either lasts for at * * * * * severity of your respiratory disorder. least 6 seconds (for children age 10 and Part B 3. Imaging refers to medical imaging older) or for at least 3 seconds (for children techniques, such as x-ray and computerized who have not attained age 10), or maintains * * * * * tomography. The imaging must be consistent a plateau for at least 1 second. 103.00 Respiratory Disorders. with the prevailing state of medical 3. The spirometry report must include the * * * * * knowledge and clinical practice as the proper following information: technique to support the evaluation of the a. The date of the test and your name, age 103.00 Respiratory Disorders disorder. or date of birth, gender, and height without A. Which disorders do we evaluate in this E. What is spirometry and what are our shoes. (We will assume that your recorded body system? requirements for an acceptable test and height on the date of the test is without 1. We evaluate respiratory disorders that report? shoes, unless we have evidence to the result in obstruction (difficulty moving air 1. Spirometry, which measures how well contrary.) If your spine is abnormally curved out of the lungs) or restriction (difficulty you move air into and out of your lungs, (for example, you have kyphoscoliosis), we moving air into the lungs), or that interfere involves at least three forced expiratory will substitute the longest distance between with diffusion (gas exchange) across cell maneuvers during the same test session. A your outstretched fingertips with your arms membranes in the lungs. Examples of such forced expiratory maneuver is a maximum abducted 90 degrees in place of your height disorders and the listings we use to evaluate inhalation followed by a forced maximum when this measurement is greater than your them include chronic obstructive pulmonary exhalation, and measures exhaled volumes of standing height without shoes.
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b. Any factors, if applicable, that can affect under 103.02 or 103.03. If you have 4. For 103.04G, we require any two the interpretation of the test results (for respiratory failure resulting from chronic exacerbations or complications from the list example, your cooperation or effort in doing asthma (see 103.00J), we will evaluate it in 103.04G1 through 103.04G4 within a 12- the test). under 103.14. month period. You may have two of the same c. Legible tracings of your forced expiratory 2. For the purposes of 103.03: exacerbation or complication or two different maneuvers in a volume-time format showing a. The phrase ‘‘consider under a disability ones. your name and the date of the test for each for 1 year’’ explains how long your asthma a. If you have two of the acute maneuver. can meet the requirements of the listing. It exacerbations or complications we describe 4. If you have attained age 6, we may need does not refer to the date on which your in 103.04G1 and 103.04G2, there must be at to purchase spirometry to determine whether disability began, only to the date on which least 30 days between the two. your disorder meets a listing, unless we can we must reevaluate whether your asthma b. If you have one of the acute make a fully favorable determination or continues to meet a listing or is otherwise exacerbations or complications we describe decision on another basis. disabling. in 103.04G1 and 103.04G2 and one of the 5. Before we purchase spirometry for a b. We determine the onset of your chronic complications we describe in child age 6 or older, a medical consultant disability based on the facts of your case, but 103.04G3 and 103.04G4, the two can occur (see § 416.1016 of this chapter), preferably it will be no later than the admission date of during the same time. For example, your CF one with experience in the care of children your first of three hospitalizations that satisfy meets 103.04G if you have the pulmonary with respiratory disorders, must review your the criteria of 103.03. hemorrhage we describe in 103.04G2 and the case record to determine if we need the test. H. What is CF and how do we evaluate it? weight loss we describe in 103.04G3 even if If we purchase spirometry, the medical 1. General. We evaluate CF, a genetic the pulmonary hemorrhage occurs during the source we designate to administer the test is disorder that results in abnormal salt and 90-day period in 103.04G3. solely responsible for deciding whether it is water transport across cell membranes in the c. Your CF also meets 103.04G if you have safe for you to do the test and for how to lungs, pancreas, and other body organs, both of the chronic complications in administer it. under 103.04. We need the evidence 103.04G3 and 103.04G4. F. What is CLD and how do we evaluate described in 103.00H2 to establish that you 5. CF may also affect other body systems it? have CF. such as digestive or endocrine. If your CF, 1. CLD, also known as bronchopulmonary 2. Documentation of CF. We need a report including pulmonary exacerbations and dysplasia, or BPD, is scarring of the immature signed by a physician (see § 416.913(a) of this nonpulmonary complications, does not meet lung. CLD may develop as a complication of chapter) showing both a and b: or medically equal a respiratory disorders mechanical ventilation and oxygen therapy a. One of the following: listing, we may evaluate your CF-related for infants with significant neonatal (i) A positive newborn screen for CF; or impairments under the listings in the affected respiratory problems. Within the first 6 (ii) A history of CF in a sibling; or body system. months of life, most infants with CLD are (iii) Documentation of at least one specific I. How do we evaluate lung successfully weaned from mechanical CF phenotype or clinical criterion (for transplantation? If you receive a lung ventilation, and then weaned from oxygen example, chronic sino-pulmonary disease transplant (or a lung transplant supplementation. We evaluate CLD under with persistent colonization or infections simultaneously with other organs, such as 103.02C, 103.02E, or if you are age 2 or older, with typical CF pathogens, pancreatic the heart), we will consider you to be under 103.03 or another appropriate listing. insufficiency, or salt-loss syndromes); and disabled under 103.11 for 3 years from the 2. If you have CLD, are not yet 6 months date of the transplant. After that, we evaluate old, and need 24-hour-per-day oxygen b. One of the following definitive supplementation, we will not evaluate your laboratory tests: your residual impairment(s) by considering CLD under 103.02C until you are 6 months (i) An elevated sweat chloride the adequacy of your post-transplant old. Depending on the evidence in your case concentration equal to or greater than 60 function, the frequency and severity of any record, we may make a fully favorable millimoles per L; or rejection episodes you have, complications in determination or decision under other rules (ii) The identification of two CF gene other body systems, and adverse treatment before you are 6 months old. mutations affecting the CFTR; or effects. Children who receive organ 3. We evaluate your CLD under 103.02C if (iii) Characteristic abnormalities in ion transplants generally have impairments that you are at least 6 months old and you need transport across the nasal epithelium. meet our definition of disability before they 24-hour-per-day oxygen supplementation. (If c. When we have the report showing a and undergo transplantation. The phrase you were born prematurely, we use your b, but it is not signed by a physician, we also ‘‘consider under a disability for 3 years’’ in corrected chronological age. See need a report from a physician stating that 103.11 does not refer to the date on which § 416.924b(b) of this chapter.) We also you have CF. your disability began, only to the date on evaluate your CLD under 103.02C if you were d. When we do not have the report which we must reevaluate whether your weaned off oxygen supplementation but showing a and b, we need a report from a impairment(s) continues to meet a listing or needed it again by the time you were 6 physician that is persuasive that a positive is otherwise disabling. We determine the months old or older. diagnosis of CF was confirmed by an onset of your disability based on the facts of 4. We evaluate your CLD under 103.02E if appropriate definitive laboratory test. To be your case. you are any age from birth to the attainment persuasive, this report must include a J. What is respiratory failure and how do of age 2 and have CLD exacerbations or statement by the physician that you had the we evaluate it? Respiratory failure is the complications (for example, wheezing, lower appropriate definitive laboratory test for inability of the lungs to perform their basic respiratory tract infections, or acute diagnosing CF. The report must provide the function of gas exchange. We evaluate respiratory distress) that require test results or explain how your diagnosis respiratory failure under 103.04E if you have hospitalization. For the purpose of 103.02E, was established that is consistent with the CF-related respiratory failure, or under we count your initial birth hospitalization as prevailing state of medical knowledge and 103.14 if you have respiratory failure due to one hospitalization. The phrase ‘‘consider clinical practice. any other chronic respiratory disorder. under a disability for 1 year from the 3. CF pulmonary exacerbations. Examples Continuous positive airway pressure does not discharge date of the last hospitalization or of CF pulmonary exacerbations include satisfy the criterion in 103.04E or 103.14, and until the attainment of age 2, whichever is increased cough and sputum production, cannot be substituted as an equivalent later’’ in 103.02E does not refer to the date hemoptysis, increased shortness of breath, finding, for invasive mechanical ventilation on which your disability began, only to the increased fatigue, and reduction in or noninvasive ventilation with BiPAP. date on which we must reevaluate whether pulmonary function. Treatment usually K. How do we evaluate growth failure due your impairment(s) continues to meet a includes intravenous antibiotics and to any chronic respiratory disorder? listing or is otherwise disabling. intensified airway clearance therapy (for 1. To evaluate growth failure due to any G. What is asthma and how do we evaluate example, increased frequencies of chest chronic respiratory disorder, we require it? percussion or increased use of inhaled documentation of the oxygen 1. Asthma is a chronic inflammatory nebulized therapies, such as bronchodilators supplementation described in 103.06A and disorder of the lung airways that we evaluate or mucolytics). the growth measurements in 103.06B within
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the same consecutive 12-month period. The L. How do we evaluate respiratory disorders in other body systems, and we dates of oxygen supplementation may be disorders that do not meet one of these consider the combined effects of multiple different from the dates of growth listings? impairments when we determine whether measurements. 1. These listings are only examples of they medically equal a listing. If your 2. Under 103.06B, we use the appropriate common respiratory disorders that we impairment(s) does not meet or medically consider severe enough to result in marked equal a listing, we will also consider whether table(s) under 105.08B in the digestive and severe functional limitations. If your it functionally equals the listings. See system to determine whether a child’s growth impairment(s) does not meet the criteria of is less than the third percentile. any of these listings, we must also consider § 416.926a of this chapter. We use the rules a. For children from birth to attainment of whether you have an impairment(s) that in § 416.994a of this chapter when we decide age 2, we use the weight-for-length table meets the criteria of a listing in another body whether you continue to be disabled. corresponding to the child’s gender (Table I system. For example, if your CF has resulted 103.01 Category of Impairments, or Table II). in chronic pancreatic or hepatobiliary Respiratory Disorders b. For children age 2 to attainment of age disease, we evaluate your impairment under the listings in 105.00. 103.02 Chronic respiratory disorders due 18, we use the body mass index (BMI)-for-age 2. If you have a severe medically to any cause except CF (for CF, see 103.04), table corresponding to the child’s gender determinable impairment(s) that does not with A, B, C, D, or E: (Table III or Table IV). meet a listing, we will determine whether A. FEV1 (see 103.00E) less than or equal to c. BMI is the ratio of a child’s weight to the your impairment(s) medically equals a the value in Table I–A or I–B for your age, square of his or her height. We calculate BMI listing. See § 416.926 of this chapter. gender, and height without shoes (see using the formulas in 105.00G2c. Respiratory disorders may be associated with 103.00E3a).
TABLE I—FEV1 CRITERIA FOR 103.02A
Table I–A Table I–B Age 6 to attainment of age 13 Age 13 to attainment of age 18 (for both females and males)
Height without shoes Height without shoes Females FEV1 Males FEV1 Height without shoes Height without shoes FEV1 (centimeters) (inches) less than less than (centimeters) (inches) less than or < means < means or equal to or equal to < means < means equal to less than less than (L, BTPS) (L, BTPS) less than less than (L, BTPS)
<123.0 ...... <48.50 ...... 0.80 <153.0 ...... <60.25 ...... 1.35 1.40 123.0 to <129.0 ...... 48.50 to <50.75 ...... 0.90 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.45 1.50 129.0 to <134.0 ...... 50.75 to <52.75 ...... 1.00 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.55 1.60 134.0 to <139.0 ...... 52.75 to <54.75 ...... 1.10 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.65 1.70 139.0 to <144.0 ...... 54.75 to <56.75 ...... 1.20 169.0 to <174.0 ...... 66.50 to <68.50 ...... 1.75 1.85 144.0 to <149.0 ...... 56.75 to <58.75 ...... 1.30 174.0 to <180.0 ...... 68.50 to <70.75 ...... 1.85 2.00 149.0 or more ...... 58.75 or more ...... 1.40 180.0 or more ...... 70.75 or more ...... 1.95 2.10
OR gender, and height without shoes (see B. FVC (see 103.00E) less than or equal to 103.00E3a). the value in Table II–A or II–B for your age,
TABLE II—FVC CRITERIA FOR 103.02B
Table II–A Table II–B Age 6 to attainment of age 13 Age 13 to attainment of age 18 (for both females and males) Females Males Height without shoes Height without shoes FVC Height without shoes Height without shoes FVC FVC (centimeters) (inches) less than or (centimeters) (inches) less than less than < means < means equal to < means < means or equal to or equal to less than less than (L, BTPS) less than less than (L, BTPS) (L, BTPS)
<123.0 ...... <48.50 ...... 0.85 <153.0 ...... <60.25 ...... 1.65 1.65 123.0 to <129.0 ...... 48.50 to <50.75 ...... 1.00 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.70 1.80 129.0 to <134.0 ...... 50.75 to <52.75 ...... 1.10 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.80 1.95 134.0 to <139.0 ...... 52.75 to <54.75 ...... 1.30 164.0 to <169.0 ...... 64.50 to <66.50 ...... 1.95 2.10 139.0 to <144.0 ...... 54.75 to <56.75 ...... 1.40 169.0 to <174.0 ...... 66.50 to <68.50 ...... 2.05 2.25 144.0 to <149.0 ...... 56.75 to <58.75 ...... 1.55 174.0 to <180.0 ...... 68.50 to <70.75 ...... 2.20 2.45 149.0 or more ...... 58.75 or more ...... 1.70 180.0 or more ...... 70.75 or more ...... 2.30 2.55
OR 1. Consider under a disability until the E. For children who have not attained age C. Hypoxemia with the need for at least 1.0 attainment of age 3; or 2, CLD (see 103.00F) with exacerbations or L per minute of continuous (24 hours per 2. Upon the attainment of age 3, complications requiring three day) oxygen supplementation for at least 90 documented need for mechanical ventilation hospitalizations within a 12-month period consecutive days. via a tracheostomy for at least 4 hours per and at least 30 days apart (the 12-month OR day and for at least 90 consecutive days. period must occur within the period we are D. The presence of a tracheostomy. OR considering in connection with your application or continuing disability review).
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Each hospitalization must last at least 48 103.03 Asthma (see 103.00G) with disability for 1 year from the discharge date hours, including hours in a hospital exacerbations or complications requiring of the last hospitalization; after that, evaluate emergency department immediately before three hospitalizations within a 12-month the residual impairment(s) under 103.03 or the hospitalization. (A child’s initial birth period and at least 30 days apart (the 12- another appropriate listing. hospitalization when CLD is first diagnosed month period must occur within the period 103.04 Cystic fibrosis (documented as counts as one hospitalization.) Consider we are considering in connection with your described in 103.00H), with A, B, C, D, E, F, under a disability for 1 year from the application or continuing disability review). or G: discharge date of the last hospitalization or Each hospitalization must last at least 48 A. FEV1 (see 103.00E) less than or equal to until the attainment of age 2, whichever is hours, including hours in a hospital the value in Table III–A or Table III–B for later. After that, evaluate the impairment(s) emergency department immediately before your age, gender, and height without shoes under 103.03 or another appropriate listing. the hospitalization. Consider under a (see 103.00E3a).
TABLE III—FEV1 CRITERIA FOR 103.04A
Table III–A Table III–B Age 6 to attainment of age 13 Age 13 to attainment of age 18 (for both females and males) Males Height without shoes Height without shoes Females Height without shoes Height without shoes FEV1 FEV1 FEV1 (centimeters) (inches) less than or (centimeters) (inches) less than less than < means < means equal to < means < means or equal to or equal to less than less than (L, BTPS) less than less than (L, BTPS) (L, BTPS)
<123.0 ...... <48.50 ...... 1.00 <153.0 ...... <60.25 ...... 1.75 1.85 123.0 to <129.0 ...... 48.50 to <50.75 ...... 1.15 153.0 to <159.0 ...... 60.25 to <62.50 ...... 1.85 2.05 129.0 to <134.0 ...... 50.75 to <52.75 ...... 1.25 159.0 to <164.0 ...... 62.50 to <64.50 ...... 1.95 2.15 134.0 to <139.0 ...... 52.75 to <54.75 ...... 1.40 164.0 to <169.0 ...... 64.50 to <66.50 ...... 2.10 2.30 139.0 to <144.0 ...... 54.75 to <56.75 ...... 1.50 169.0 to <174.0 ...... 66.50 to <68.50 ...... 2.25 2.45 144.0 to <149.0 ...... 56.75 to <58.75 ...... 1.70 174.0 to <180.0 ...... 68.50 to <70.75 ...... 2.35 2.60 149.0 or more ...... 58.75 or more ...... 1.80 180.0 or more ...... 70.75 or more ...... 2.50 2.70
OR 1. Pulmonary exacerbation requiring 10 103.10 [Reserved] B. For children who have not attained age consecutive days of intravenous antibiotic 103.11 Lung transplantation (see 6, findings on imaging (see 103.00D3) of treatment. 103.00I). Consider under a disability for 3 thickening of the proximal bronchial airways, 2. Pulmonary hemorrhage (hemoptysis years from the date of the transplant; after nodular-cystic lesions, segmental or lobular with more than blood-streaked sputum but that, evaluate the residual impairment(s). not requiring vascular embolization) atelectasis, or consolidation, and 103.12 [Reserved] documentation of one of the following: requiring hospitalization of any length. 3. Weight loss requiring daily 103.13 [Reserved] 1. Shortness of breath with activity; or 103.14 Respiratory failure (see 103.00J) 2. Accumulation of secretions as supplemental enteral nutrition via a gastrostomy for at least 90 consecutive days resulting from any underlying chronic manifested by repetitive coughing; or or parenteral nutrition via a central venous respiratory disorder except CF (for CF, see 3. Bilateral rales or rhonchi, or reduction catheter for at least 90 consecutive days. 103.04E), requiring invasive mechanical of breath sounds. 4. CFRD requiring daily insulin therapy for OR ventilation, noninvasive ventilation with at least 90 consecutive days. BiPAP, or a combination of both treatments, C. Exacerbations or complications (see 103.05 [Reserved] for a continuous period of at least 48 hours, 103.00H3) requiring three hospitalizations of 103.06 Growth failure due to any chronic any length within a 12-month period and at respiratory disorder (see 103.00K), or for a continuous period of at least 72 hours least 30 days apart (the 12-month period documented by: if postoperatively, twice within a 12-month must occur within the period we are A. Hypoxemia with the need for at least 1.0 period and at least 30 days apart (the 12- considering in connection with your L per min of oxygen supplementation for at month period must occur within the period application or continuing disability review). least 4 hours per day and for at least 90 we are considering in connection with your OR consecutive days. application or continuing disability review). AND D. Spontaneous pneumothorax, secondary * * * * * to CF, requiring chest tube placement. B. Growth failure as required in 1 or 2: OR 1. For children from birth to attainment of age 2, three weight-for-length measurements PART 416—SUPPLEMENTAL E. Respiratory failure (see 103.00J) SECURITY INCOME FOR THE AGED, requiring invasive mechanical ventilation, that are: noninvasive ventilation with BiPAP, or a a. Within a consecutive 12-month period; BLIND, AND DISABLED combination of both treatments, for a and continuous period of at least 48 hours, or for b. At least 60 days apart; and Subpart I—Determining Disability and c. Less than the third percentile on the a continuous period of at least 72 hours if Blindness appropriate weight-for-length table under postoperatively. 105.08B1; or ■ OR 2. For children age 2 to attainment of age 3. The authority citation for subpart I F. Pulmonary hemorrhage requiring 18, three BMI-for-age measurements that are: of part 416 continues to read as follows: vascular embolization to control bleeding. a. Within a consecutive 12-month period; OR Authority: Secs. 221(m), 702(a)(5), 1611, and 1614, 1619, 1631(a), (c), (d)(1), and (p), and G. Two of the following exacerbations or b. At least 60 days apart; and 1633 of the Social Security Act (42 U.S.C. complications (either two of the same or two c. Less than the third percentile on the different, see 103.00H3 and 103.00H4) within appropriate BMI-for-age table under 421(m), 902(a)(5), 1382, 1382c, 1382h, a 12-month period (the 12-month period 105.08B2. 1383(a), (c), (d)(1), and (p), and 1383b); secs. must occur within the period we are 103.07 [Reserved] 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 98– considering in connection with your 103.08 [Reserved] 460, 98 Stat. 1794, 1801, 1802, and 1808 (42 application or continuing disability review): 103.09 [Reserved] U.S.C. 421 note, 423 note, and 1382h note).
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§ 416.926a [Amended] Transmissible Spongiform DEPARTMENT OF THE INTERIOR ■ 4. Amend § 416.926a by removing Encephalopathy issues in the future paragraph (m)(1) and redesignating could be addressed by the Agency’s Office of Natural Resources Revenue paragraphs (m)(2) through (6) as (m)(1) other advisory committees, such as the through (5). Agency’s Blood Products Advisory 30 CFR Part 1241 [FR Doc. 2016–13275 Filed 6–8–16; 8:45 am] Committee, with additional [Docket No. ONRR–2016–0002; DS63644000 BILLING CODE 4191–02–P augmentation of expertise by DR2PS0000.CH7000167D0102R2] appropriate subject matter experts serving as temporary members on the RIN 1012–AA17 committee. DEPARTMENT OF HEALTH AND Civil Monetary Penalties Inflation HUMAN SERVICES The Committee is no longer needed Adjustment and will be terminated on June 9, 2016. Food and Drug Administration AGENCY: Office of the Secretary, Office Under 5 U.S.C. 553(b)(3)(B) and (d) of Natural Resources Revenue, Interior. and 21 CFR 10.40 (d) and (e), the 21 CFR Part 14 ACTION: Interim final rule. Agency finds good cause to dispense [Docket No. FDA–2016–N–0001] with notice and public comment SUMMARY: The Office of Natural procedures and to proceed to an Advisory Committee; Transmissible Resources Revenue (ONRR) publishes immediate effective date on this rule. this interim final rule to adjust the Spongiform Encephalopathies Notice and public comment and a Advisory Committee; Termination amount of our civil monetary penalties delayed effective date are unnecessary (CMPs) for inflation with an initial AGENCY: Food and Drug Administration, and are not in the public interest as this ‘‘catch-up’’ adjustment under the HHS. final rule merely removes the name of Federal Civil Penalties Inflation ACTION: Final rule. the Transmissible Spongiform Adjustment Act Improvements Act of Encephalopathies Advisory Committee 2015 and Office of Management and SUMMARY: The Food and Drug from the list of standing advisory Budget (OMB) guidance. Administration (FDA) is announcing the committees in 21 CFR 14.100. DATES: This rule is effective July 11, termination of the Transmissible Therefore, the Agency is amending 21 2016. Comments will be accepted until Spongiform Encephalopathies Advisory CFR 14.100(b) as set forth in the August 8, 2016. Committee. This document removes the regulatory text of this document. ADDRESSES: You may submit comments Transmissible Spongiform to ONRR by one of the following three Encephalopathies Advisory Committee List of Subjects in 21 CFR Part 14 methods. (Please reference the from the Agency’s list of standing Regulation Identifier Number (RIN) Administrative practice and advisory committees. 1012–AA17 in your comments.). See procedure, Advisory committees, Color DATES: This rule is effective June 9, also Public Availability of Comments additives, Drugs, Radiation protection. 2016. under Procedural Requirements. FOR FURTHER INFORMATION CONTACT: Therefore, under the Federal Food, 1. Electronically, go to Bryan Emery, Division of Scientific Drug, and Cosmetic Act and under www.regulations.gov. In the entry titled Advisors and Consultants, Food and authority delegated to the Commissioner ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– Drug Administration, 10903 New of Food and Drugs, 21 CFR part 14 is 2016–0002,’’ and then click ‘‘Search.’’ Hampshire Ave., Bldg. 71, Rm. 6132, amended as follows: Follow the instructions to submit public Silver Spring, MD 20993–0002, 240– comments. ONRR will post all 402–8054, FAX: 301–595–1307, or PART 14—PUBLIC HEARING BEFORE comments. [email protected]. A PUBLIC ADVISORY COMMITTEE 2. Mail comments to Luis Aguilar, SUPPLEMENTARY INFORMATION: The Regulatory Specialist, ONRR, P.O. Box Transmissible Spongiform ■ 1. The authority citation for part 14 25165, MS 64400B, Denver, Colorado Encephalopathies Advisory Committee continues to read as follows: 80225. 3. Hand-carry comments, or use an (the Committee) was established on June Authority: 5 U.S.C. App. 2; 15 U.S.C. 9, 1995 (60 FR 31311, June 14, 1995; 21 overnight courier service to the Office of 1451–1461, 21 U.S.C. 41–50, 141–149, 321– Natural Resources Revenue, Building CFR 14.100 erroneously lists the date of 394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 establishment as June 21, 1995). The 53, Entrance E–20, Denver Federal U.S.C. 201, 262, 263b, 264; Pub. L. 107–109; Center, West 6th Ave. and Kipling St., Committee reviews and evaluates Pub. L. 108–155. available scientific data concerning the Denver, Colorado 80225. safety of products that may be a risk for § 14.100 [Amended] FOR FURTHER INFORMATION CONTACT: For transmission of spongiform comments or questions on procedural ■ encephalopathies having an impact on 2. In § 14.100, redesignate paragraph issues, contact Luis Aguilar, Regulatory the public health as determined by the (b)(5) as (b)(4) and remove paragraph Specialist, by telephone at (303) 231– Commissioner of Food and Drugs. The (b)(6). 3418 or email to [email protected]. Committee makes recommendations to Dated: June 6, 2016. For questions on technical issues, contact Geary Keeton, Chief of the Commissioner regarding the Jill Hartzler Warner, regulation of such products. In recent Enforcement, by telephone at (303) 231– Associate Commissioner for Special Medical 3096 or email to [email protected]. years, the number of issues requiring Programs. Committee advice has declined, and the SUPPLEMENTARY INFORMATION: [FR Doc. 2016–13705 Filed 6–8–16; 8:45 am] Committee has met very infrequently. BILLING CODE 4164–01–P I. Background Therefore, the effort and expense of II. Method of Calculation maintaining this advisory committee is III. Summary of Final Rule no longer justified. Any relevant IV. Procedural Requirements
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I. Background a violation of a Federal civil statute or D The 2016 CMP catch-up adjustment regulation and is assessed or enforceable On November 2, 2015, the President multiplier for 1983 is 2.35483. through a civil action in Federal court signed into law the Federal Civil D Therefore, $500 × 2.35483 = or an administrative proceeding. A CMP Penalties Inflation Adjustment Act $1,177.415, which rounds to $1,177. does not include a penalty levied for Improvements Act of 2015 (Sec. 701 of violation of a criminal statute, fees for D The new maximum CMP amount is Pub. L. 114–74) (the Act). The Act services, licenses, permits, or other $1,177. requires Federal agencies to adjust each regulatory review. Pursuant to the Act, in the event that CMP amount with an initial catch-up Under the Act, the inflation adjustment through rulemaking and a violation took place prior to the adjustment for each applicable CMP is effective date of the new penalty then make subsequent annual determined by increasing the maximum inflationary adjustments. The new CMP amount—and we assess a penalty after CMP amount per violation by the cost- the effective date—the new penalty amounts must be published by July 1, of-living adjustment. The cost-of-living amount is assessed in a manner 2016, and take effect no later than adjustment is defined as the percent by consistent with the new maximum CMP August 1, 2016. The purpose of these which the Consumer Price Index for all adjustments is to maintain the deterrent Urban Consumers (CPI–U) for the month calculation. As the Act applies to effect of civil penalties and to foster of October of the calendar year penalties assessed after the effective compliance with the law. preceding the adjustment exceeds the date of the applicable adjustment, the The Act provides that any increase in CPI–U for the month of October of the Act adjusts penalties prospectively. The a CMP due to the calculated inflation year in which the amount of such CMP Act does not retrospectively change adjustments shall apply only to a was last set or adjusted pursuant to law. previously assessed or enforced violation that occurs after the date when The maximum CMP amounts for penalties that we are actively collecting the increase takes effect and states that ONRR penalties under 30 U.S.C. or have collected. The Act does not alter the initial inflation adjustment may not 1719(a)–(d) were established in 1983 in our statutory authority to assess exceed 150 percent of the amount of the the Federal Oil and Gas Management penalties below the maximum amount. CMP on November 2, 2015. Act (FOGRMA). Since we have not III. Summary of Final Rule II. Method of Calculation updated the maximum CMP amounts for inflation since their establishment, This final rule adjusts the maximum OMB issued guidance on calculating we must calculate a new maximum CMP amount within each of the four the catch-up adjustments. See February CMP with an initial catch-up established civil penalty tiers specified 24, 2016, Memorandum for the Heads of adjustment. The inflation adjustment Executive Departments and Agencies, amount for each maximum CMP amount in 30 U.S.C. 1719(a)–(d). The following from Shaun Donovan, Director, Office of is calculated by multiplying the 1983 list summarizes the existing ONRR Management and Budget, re: maximum CMP amount by the 2016 regulations containing CMPs, as well as Implementation of the Federal Civil CMP catch-up adjustment multiplier for the penalties before and after Penalties Inflation Adjustment Act 1983, which is 2.35483. In accordance adjustment. The increases in maximum Improvements Act of 2015. Under this with the Act, the new maximum CMP CMP amounts contained in this final guidance, the Department of the Interior amount is rounded to the nearest dollar. rule may not necessarily affect the (Department) has identified applicable For example: amount of any CMP that we may seek CMPs and calculated the catch-up D The maximum CMP amount under for a particular violation; we will adjustments. A CMP is any assessment 30 U.S.C. 1719(a) established in 1983 is calculate each CMP on a case-by-case with a dollar amount that is levied for $500. basis.
Current Adjusted maximum Catchup maximum ONRR Regulation containing CMPs CMP adjustment CMP amount multiplier amount
30 CFR 1241.53(a) ...... 500 2.35483 1,177 30 CFR 1241.53(b) ...... 5,000 2.35483 11,774 30 CFR 1241.60(a) ...... 10,000 2.35483 23,548 30 CFR 1241.60(b) ...... 25,000 2.35483 58,871 Note: The CMP amounts under 30 CFR 1241 are authorized by 30 U.S.C. 1719(a)–(d).
IV. Procedural Requirements and to use the best, most innovative, exchange of ideas. We developed this and least burdensome tools for rule in a manner consistent with these 1. Regulatory Planning and Review requirements. (Executive Orders 12866 and 13563) achieving regulatory ends. Executive Order 13563 directs agencies to consider 2. Regulatory Flexibility Act Executive Order (E.O.) 12866 provides regulatory approaches that reduce that the Office of Information and burdens and maintain flexibility and The Regulatory Flexibility Act (RFA) Regulatory Affairs (OIRA) in OMB will freedom of choice for the public, where requires an agency to prepare a regulatory flexibility analysis for all review all significant rules. OIRA has these approaches are relevant, feasible, determined that this rule is not rules unless the agency certifies that the and consistent with regulatory significant. rule will not have a significant Executive Order 13563 reaffirms the objectives. E.O. 13563 emphasizes economic impact on a substantial principles of E.O. 12866, while calling further that regulations must be based number of small entities. The RFA for improvements in the Nation’s on the best available science and that applies only to rules for which an regulatory system to promote the rulemaking process must allow for agency is required to first publish a predictability, to reduce uncertainty, public participation and an open proposed rule. See 5 U.S.C. 603(a) and
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604(a). The Federal Civil Penalties regulations to eliminate errors and (d) Be divided into short sections and Adjustment Act of 2015 requires ambiguity and to write them to sentences. agencies to adjust civil penalties with an minimize litigation. (e) Use lists and tables wherever initial catch-up adjustment through an b. Meets the criteria of section 3(b)(2), possible. interim final rule. An interim final rule which requires that we write all If you feel that we have not met these does not include first publishing a regulations in clear language using clear requirements, send us comments by one proposed rule. Thus, the RFA does not legal standards. of the methods listed in the ADDRESSES apply to this rulemaking. section. To better help us revise the 8. Consultation With Indian Tribal rule, your comments should be as 3. Small Business Regulatory Governments (E.O. 13175) specific as possible. For example, you Enforcement Fairness Act The Department strives to strengthen should tell us the numbers of the This rule is not a major rule under 5 its government–to–government sections or paragraphs that you find U.S.C. 804(2), the Small Business relationship with the Indian Tribes unclear, which sections or sentences are Regulatory Enforcement Fairness Act. through a commitment to consultation too long, the sections where you feel This rule: with the Indian Tribes and recognition lists or tables would be useful, etc. of their right to self-governance and a. Does not have an annual effect on 13. Public Availability of Comments the economy of $100 million or more. Tribal sovereignty. Under the b. Will not cause a major increase in Department’s consultation policy and ONRR will post all comments, costs or prices for consumers; the criteria in E.O. 13175, we evaluated including the name and address of a individual industries; Federal, State, this rule and determined that it will respondent, at www.regulations.gov. local government agencies; or have no substantial direct effects on Before including Personally Identifiable geographic regions. Federally-recognized Indian Tribes and Information (PII), such as your address, c. Does not have significant adverse does not require consultation. phone number, email address, or other personal information in your comments, effects on competition, employment, 9. Paperwork Reduction Act investment, productivity, innovation, or you should be aware that your entire the ability of United States–based This rule: comment (including PII) may be made (a) Does not contain any new enterprises to compete with foreign– available to the public at any time. information collection requirements. based enterprises. While you may ask us, in your (b) Does not require a submission to comment, to withhold PII from public 4. Unfunded Mandates Reform Act OMB under the Paperwork Reduction view, we cannot guarantee that we will Act of 1995 (44 U.S.C. 3501 et seq.). See This rule does not impose an be able to do so. 5 CFR 1320.4(a)(2). unfunded mandate on State, local, or 14. Administrative Procedure Act (APA) Tribal governments or the private sector 10. National Environmental Policy Act of more than $100 million per year. This of 1969 (NEPA) In accordance with § 553(b), ONRR rule does not have a significant or generally publishes a rule in a proposed This rule does not constitute a major form and solicits public comment on it unique effect on State, local, or Tribal Federal action, significantly affecting governments or the private sector. before issuing the final rule. However, the quality of the human environment. § 553(b)(3)(B) provides an exception to Therefore, we are not required to We are not required to provide a provide a statement containing the the public comment requirement if the detailed statement under NEPA because agency finds good cause to omit information that the Unfunded this rule qualifies for categorical Mandates Reform Act (2 U.S.C. 1531 et advance notice and public participation. exclusion under 43 CFR 46.210(i) in that Good cause is shown when public seq.) requires because this rule is not an this rule is ‘‘. . . of an administrative, unfunded mandate. comment is ‘‘impracticable, financial, legal, technical, or procedural unnecessary, or contrary to the public 5. Takings (E.O. 12630) nature. . . .’’ We also have determined interest.’’ that this rule is not involved in any of ONRR finds that there is good cause Under the criteria in section 2 of E.O. the extraordinary circumstances listed 12630, this rule does not have any to promulgate this rule without first in 43 CFR 46.215 that would require providing for public comment. We are significant takings implications. This further analysis under NEPA. rule will not impose conditions or promulgating this final rule to limitations on the use of any private 11. Effects on the Energy Supply (E.O. implement the statutory directive in the property. Therefore, this rule does not 13211) Act, which requires agencies to publish require a takings implication This rule is not a significant energy an interim final rule and to update the assessment. action under the definition in E.O. CMP amounts by applying a specified formula. ONRR has no discretion to vary 6. Federalism (E.O. 13132) 13211 and, therefore, does not require a Statement of Energy Effects. the amount of the adjustment to reflect Under the criteria in section 1 of E.O. any views or suggestions provided by 13132, this rule does not have sufficient 12. Clarity of This Regulation commenters. Accordingly, it would Federalism implications to warrant the We are required by E.O. 12866 serve no purpose to provide an preparation of a Federalism summary (section 1(b)(12)), E.O. 12988 (section opportunity for pre-promulgation public impact statement. Therefore, this rule 3(b)(1)(B)), and E.O. 13563 (section comment on this rule. Also, it would does not require a Federalism summary 1(a)), and by the Presidential not be possible to meet the deadlines impact statement. Memorandum of June 1, 1998, to write imposed by the Act if we were to first publish a proposed rule, allow the 7. Civil Justice Reform (E.O. 12988) all rules in plain language. This means that each rule we publish must: public sufficient time to submit This rule complies with the (a) Be logically organized. comments, analyze the comments, and requirements of E.O. 12988. (b) Use the active voice to address publish a final rule. Thus, pre- Specifically, this rule: readers directly. promulgation notice and public a. Meets the criteria of section 3(a), (c) Use common, everyday words and comment is unnecessary and which requires that we review all clear language rather than jargon. impracticable. These technical changes,
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required by law, do not substantively River, between Bellevue, MD and may result in expulsion from the area, alter the existing regulatory framework Oxford, MD on June 12, 2016. The date citation for failure to comply, or both. nor in any way effect the terms under of this enforcement action has changed The operator of any vessel in the which ONRR assesses civil penalties. because the event was postponed by the regulated area shall: (i) Stop the vessel sponsor due to inclement weather. This immediately when directed to do so by List of Subjects in 30 CFR Part 1241 action is necessary to ensure safety of any Official Patrol and then proceed Administrative practice and life on navigable waters during this only as directed; (ii) All persons and procedure, Civil penalties, Coal, event. Our regulation for Recurring vessels shall comply with the Geothermal, Inflation, Mineral Marine Events within the Fifth Coast instructions of the Official Patrol; (iii) resources, Natural gas, Notices of non- Guard District identifies the regulated When authorized to transit the regulated compliance, oil. area for this marine event. During the area, all vessels shall proceed at the Dated: June 1, 2016. enforcement period, the Coast Guard minimum speed necessary to maintain a Kristen J. Sarri, Patrol Commander or designated Marine safe course that minimizes wake near Event Patrol may forbid and control the the race course. The Coast Guard may be Principal Deputy Assistant Secretary for Policy, Management and Budget. movement of all vessels in the regulated assisted by other Federal, state or local area. law enforcement agencies in enforcing Authority and Issuance DATES: The regulations in 33 CFR this regulation. If the Captain of the Port For the reasons discussed in the 100.501, listed as event (b)14 in the or his designated on-scene Patrol preamble, ONRR amends 30 CFR part Table to 33 CFR 100.501 will be Commander determines that the 1241 as set forth below: enforced from 9 a.m. to 11 a.m. on June regulated area need not be enforced for 12, 2016. the full duration stated in this notice, he PART 1241—PENALTIES FOR FURTHER INFORMATION CONTACT: If or she may use a Broadcast Notice to you have questions about this notice of Mariners to grant general permission to ■ 1. The authority citation for part 1241 enforcement, call or email Mr. Ron enter the regulated area. is revised to read as follows: Houck, U.S. Coast Guard Sector This notice of enforcement is issued Authority: 25 U.S.C. 396 et seq., 396a et Maryland-National Capital Region under authority of 33 CFR 100.501(f), seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 (WWM); telephone 410–576–26742, Special Local Regulations and Safety et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. email [email protected]. Zones; Recurring Marine Events and 1301 et seq., 1331 et seq., 1801 et seq. and Fireworks Displays Within the Fifth SUPPLEMENTARY INFORMATION: The Coast Sec. 107, Pub. L. 114–74, 129 Stat. 599, Coast Guard District and 5 U.S.C. 552(a). Guard will enforce the regulated area in unless otherwise noted. In addition to this notification in the 33 CFR 100.501 from 9 a.m. until 11 Federal Register, the Coast Guard will § 1241.53 [Amended] a.m. on June 12, 2016, for the Oxford- provide the maritime community with Bellevue Sharkfest Swim. The date of ■ 2. Amend § 1241.53 by: advance notification of this enforcement this enforcement action has changed ■ A. In paragraph (a), remove ‘‘$500’’ period via Broadcast Notice to Mariners because the event was postponed by the and add in its place ‘‘$1,177.’’ and the Local Notice to Mariners. The ■ sponsor due to inclement weather. This B. In paragraph (b), remove ‘‘$5,000’’ Captain of the Port, Sector Maryland- action is being taken to provide for the and add in its place ‘‘$11,774.’’ National Capital Region, or a designated safety of life on navigable waterways on-scene representative may be § 1241.60 [Amended] during this event. Our regulation for contacted via Channel 16, VHF–FM. ■ 3. Amend § 1241.60 by: Recurring Marine Events within the ■ A. In paragraph (a), remove ‘‘$10,000’’ Fifth Coast Guard District, § 100.501, Dated: May 23, 2016. and add in its place ‘‘$23,548.’’ specifies the location of the regulated Michael W. Batchelder ■ B. In paragraph (b), remove ‘‘$25,000’’ area for this event that includes all Commander, U.S. Coast Guard, Acting and add in its place ‘‘$58,871.’’ waters of the Tred Avon River from Captain of the Port, Maryland-National Capital Region. [FR Doc. 2016–13462 Filed 6–8–16; 8:45 am] shoreline to shoreline, within an area bounded on the east by a line drawn [FR Doc. 2016–13707 Filed 6–8–16; 8:45 am] BILLING CODE 4335–30–P from latitude 38°42′25″ N., longitude BILLING CODE 9110–04–P 076°10′45″ W., thence south to latitude 38°41′37″ N., longitude 076°10′26″ W., DEPARTMENT OF HOMELAND and bounded on the west by a line DEPARTMENT OF HOMELAND SECURITY drawn from latitude 38°41′58″ N., SECURITY longitude 076°11′04″ W., thence south Coast Guard Coast Guard to latitude 38°41′25″ N., longitude 076°10′49″ W., thence east to latitude 33 CFR Part 100 33 CFR Part 117 38°41′25″ N., longitude 076°10′30″ W., [Docket No. USCG–2015–0854] located at Oxford, MD. Only designated [Docket No. USCG–2016–0402] marine event participants and their Special Local Regulations and Safety vessels and official patrol vessels are Drawbridge Operation Regulation; Zones; Recurring Marine Events and authorized to enter the regulated area. Saugatuck River, Saugatuck, CT Fireworks Displays Within the Fifth As specified in § 100.501(c), during the Coast Guard District AGENCY: Coast Guard, DHS. enforcement period, the Coast Guard ACTION: Notice of deviation from AGENCY: Coast Guard, DHS. Patrol Commander or designated Marine drawbridge regulation. ACTION: Notice of enforcement of Event Patrol may forbid and control the regulation. movement of all vessels in the regulated SUMMARY: The Coast Guard has issued a area. When hailed or signaled by an temporary deviation from the operating SUMMARY: The Coast Guard will enforce official patrol vessel, a vessel in these schedule that governs the Metro-North special local regulations for a marine areas shall immediately comply with ‘‘SAGA’’ Bridge across the Saugatuck event taking place in the Tred Avon the directions given. Failure to do so River, mile 1.1, at Saugatuck,
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Connecticut. This deviation is necessary open fully on signal upon 24 hr advance Click on Open Docket Folder on the line to allow the bridge owner to perform notice. associated with this deviation. timber tie and headblock replacements k. From 8 a.m. on August 22, 2016 through FOR FURTHER INFORMATION CONTACT: at the bridge. 4 a.m. on August 26, 2016, the bridge will not If open to marine traffic. you have questions on this temporary DATES: This deviation is effective from l. From 4 a.m. on August 26, 2016 through deviation, call or email Ms. Judy K. 8 a.m. on July 18, 2016 to 8 a.m. on 8 a.m. on August 29, 2016, the bridge will Leung-Yee, Project Officer, First Coast August 29, 2016. open fully on signal upon 24 hr advance Guard District, telephone (212) 514– ADDRESSES: The docket for this notice. 4330, email [email protected]. deviation, [USCG–2016–0402] is Vessels able to pass under the bridge available at http://www.regulations.gov. in the closed position may do so at SUPPLEMENTARY INFORMATION: Town of Type the docket number in the anytime. The bridge will not be able to Hempstead Department of Public Safety ‘‘SEARCH’’ box and click ‘‘SEARCH’’. open for emergencies and there is no requested and the bridge owner, Nassau Click on Open Docket Folder on the line immediate alternate route for vessels to County Department of Public Works, associated with this deviation. pass. The Coast Guard will inform the concurred with this temporary deviation FOR FURTHER INFORMATION CONTACT: If users of the waterways through our from the normal operating schedule to you have questions on this temporary Local Notice and Broadcast to Mariners facilitate a public event, the Annual deviation, call or email Judy Leung-Yee, of the change in operating schedule for Salute to Veterans and Fireworks Project Officer, First Coast Guard the bridge so that vessel operations can Display. District, telephone (212) 514–4330, arrange their transits to minimize any email [email protected]. impact caused by the temporary The Long Beach Bridge, mile 4.7, across Reynolds Channel has a vertical SUPPLEMENTARY INFORMATION: The bridge deviation. clearance in the closed position of 22 owner, Connecticut Department of In accordance with 33 CFR 117.35(e), Transportation, requested a temporary the drawbridge must return to its regular feet at mean high water and 24 feet at deviation from the normal operating operating schedule immediately at the mean low water. The existing bridge schedule to perform timber ties and end of the effective period of this operating regulations are found at 33 headblocks replacement at the bridge. temporary deviation. This deviation CFR 117.799(g). The Metro-North Saga Bridge, mile from the operating regulations is Reynolds Channel is transited by 1.1, across the Saugatuck River, has a authorized under 33 CFR 117.35. commercial and recreational traffic. vertical clearance in the closed position Dated: June 3, 2016. Under this temporary deviation, the of 13 feet at mean high water and 20 feet C.J. Bisignano, Long Beach Bridges may remain in the at mean low water. Supervisory Bridge Management Specialist, closed position between 9:30 p.m. and The existing bridge operating First Coast Guard District. regulations are found at 33 CFR 11:59 p.m. on June 25, 2016 (rain date: [FR Doc. 2016–13653 Filed 6–8–16; 8:45 am] 117.221(b). June 26, 2016 between 9:30 p.m. and The waterway is transited by seasonal BILLING CODE 9110–04–P 11:59 p.m.). recreational vessels. Vessels able to pass under the bridge Under this temporary deviation, the DEPARTMENT OF HOMELAND in the closed position may do so at Metro-North Saga Bridge will operate SECURITY anytime. The bridges will not be able to according to the schedule below: open for emergencies and there are no a. From 8 a.m. on July 18, 2016 through 4 Coast Guard immediate alternate routes for vessels to a.m. on July 22, 2016, the bridge will not pass. open to marine traffic. 33 CFR Part 117 b. From 4 a.m. on July 22, 2016 through 8 The Coast Guard will also inform the a.m. on July 25, 2016, the bridge will open [Docket No. USCG–2016–0404] users of the waterways through our fully on signal upon 24 hr advance notice. Local and Broadcast Notices to Mariners c. From 8 a.m. on July 25, 2016 through 4 Drawbridge Operation Regulation; of the change in operating schedule for a.m. on July 29, 2016, the bridge will not Reynolds Channel, Nassau, NY the bridge so that vessels can arrange open to marine traffic. d. From 4 a.m. on July 29, 2016 through AGENCY: Coast Guard, DHS. their transits to minimize any impact 8 a.m. on August 1, 2016, the bridge will ACTION: Notice of deviation from caused by the temporary deviation. open fully on signal upon 24 hr advance drawbridge regulation. In accordance with 33 CFR 117.35(e), notice. the drawbridge must return to its regular e. From 8 a.m. on August 1, 2016 through SUMMARY: The Coast Guard has issued a 4 a.m. on August 5, 2016, the bridge will not temporary deviation from the operating operating schedule immediately at the open to marine traffic. schedule that governs the Long Beach end of the effective period of this f. From 4 a.m. on August 5, 2016 through Bridge, mile 4.7, across Reynolds temporary deviation. This deviation 8 a.m. on August 8, 2016, the bridge will Channel, at Nassau, New York. This from the operating regulations is open fully on signal upon 24 hr advance temporary deviation is necessary to authorized under 33 CFR 117.35. notice. g. From 8 a.m. on August 8, 2016 through facility public safety during a public Dated: June 3, 2016. 4 a.m. on August 12, 2016, the bridge will not event, the Annual Salute to Veterans C.J. Bisignano, and Fireworks Display. open to marine traffic. Supervisory Bridge Management Specialist, h. From 4 a.m. on August 12, 2016 through DATES: This deviation is effective from First Coast Guard District. 8 a.m. on August 15, 2016, the bridge will 9:30 p.m. on June 25, 2016 to 11:59 p.m. [FR Doc. 2016–13654 Filed 6–8–16; 8:45 am] open fully on signal upon 24 hr advance on June 26, 2016. notice. BILLING CODE 9110–04–P ADDRESSES: i. From 8 a.m. on August 15, 2016 through The docket for this 4 a.m. on August 19, 2016, the bridge will not deviation, [USCG–2016–0404] is open to marine traffic. available at http://www.regulations.gov. j. From 4 a.m. on August 19, 2016 through Type the docket number in the 8 a.m. on August 22, 2016, the bridge will ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
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DEPARTMENT OF HOMELAND Local and Broadcast Notices to Mariners Folder on the line associated with this SECURITY of the change in operating schedule for rule. the bridge so that vessels can arrange FOR FURTHER INFORMATION CONTACT: If Coast Guard their transits to minimize any impact you have questions on this rule, call or caused by the temporary deviation. email Petty Officer Benjamin Colbert, 33 CFR Part 117 In accordance with 33 CFR 117.35(e), Sector Miami Waterways Management [Docket No. USCG–2016–0427] the drawbridge must return to its regular Branch, U.S. Coast Guard; telephone operating schedule immediately at the 305–535–4317, email Drawbridge Operation Regulation; end of the effective period of this [email protected]. Narrow Bay, Suffolk County, NY temporary deviation. This deviation SUPPLEMENTARY INFORMATION: from the operating regulations is AGENCY: Coast Guard, DHS. authorized under 33 CFR 117.35. I. Table of Abbreviations ACTION: Notice of deviation from Dated: June 3, 2016. CFR Code of Federal Regulations drawbridge regulation. C.J. Bisignano, DHS Department of Homeland Security E.O. Executive order SUMMARY: The Coast Guard has issued a Supervisory Bridge Management Specialist, FR Federal Register temporary deviation from the operating First Coast Guard District. NPRM Notice of proposed rulemaking schedule that governs the Smith Point [FR Doc. 2016–13664 Filed 6–8–16; 8:45 am] Pub. L. Public Law Bridge, mile 6.1, across Narrow Bay, at BILLING CODE 9110–04–P § Section Suffolk County, New York. This U.S.C. United States Code temporary deviation is necessary to DEPARTMENT OF HOMELAND II. Background Information and facility public safety during a public Regulatory History event, the annual 5K Run for Literacy. SECURITY DATES: Recreational boating traffic on the This deviation is effective on Coast Guard September 10, 2016 between 9:00 a.m. waters of Biscayne Bay increases and 10 a.m. significantly during New Year’s Eve, 33 CFR Part 165 Fourth of July, and Columbus Day ADDRESSES: The docket for this [Docket Number USCG–2015–0786] Weekend events. In recent years, deviation, [USCG–2016–0427] is recreational vessel speed, especially in available at http://www.regulations.gov. RIN 1625–AA11 crossing navigational channels, Type the docket number in the contributed to incidents that resulted in ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Regulated Navigation Area; Holiday severe injury and death. This regulation Click on Open Docket Folder on the line Events; Biscayne Bay, Miami, FL seeks to increase public safety on the associated with this deviation. AGENCY: Coast Guard, DHS. waters of Biscayne Bay during New FOR FURTHER INFORMATION CONTACT: If Year’s Eve, Fourth of July, and ACTION: Final rule. you have questions on this temporary Columbus Day Weekend, holidays deviation, call or email Ms. Judy K. SUMMARY: The Coast Guard is amending known for increased vessel traffic, by Leung-Yee, Project Officer, First Coast the Columbus Day Weekend regulated requiring vessels to travel at a maximum Guard District, telephone (212) 514– navigation area on Biscayne Bay in speed of 15 knots. It also subjects 4330, email [email protected]. Miami, Florida. The proposed amended recreational vessels to the control by SUPPLEMENTARY INFORMATION: regulation extends the Biscayne Bay Coast Guard and local law enforcement Community Family Literacy Project, Inc. regulated navigation enforcement period authorities. On November 20, 2015 the requested and Suffolk County to New Year’s Eve and Fourth of July Coast Guard published a notice of Department of Public Works, the bridge events. It also expands the boundaries of proposed rulemaking (NPRM) titled owner concurred with this temporary the regulated navigation area south to Regulated Navigation Area; Columbus deviation from the normal operating Turkey Point, east to Elliott Key, west to Day Weekend, New Year’s Eve Events, schedule to facilitate a public event, the the shoreline, and north to the Julia and Fourth of July Events; Biscayne Bay, annual 5K Run for Literacy. Tuttle Causeway. These regulations are Miami, FL (80 FR 72663). There we The Smith Point Bridge, mile 6.1, necessary to protect the public during stated why we issued the NPRM, and across Narrow Bay has a vertical these events, which are periods that invited comments on our proposed clearance in the closed position of 18 have historically had a significant regulatory action related to this feet at mean high water and 19 feet at concentration of persons and vessels on fireworks display. During the comment mean low water. The existing bridge the waters of Biscayne Bay. To ensure period that ended December 21, 2015, operating regulations are found at 33 the public’s safety, all vessels within the we received no comments. CFR 117.799(d). regulated navigation area are: Required III. Legal Authority and Need for Rule Narrow Bay is transited by seasonal to transit the regulated navigation area recreational vessels of various sizes. at no more than 15 knots; subject to The legal basis for this rule is the Under this temporary deviation, the control by the Coast Guard; and Coast Guard’s authority to establish Smith Point Bridges may remain in the required to follow the instructions of all regulated navigation areas and other closed position on Saturday September law enforcement vessels in the area. limited access areas: 33 U.S.C. 1231; 50 10, 2016 between 9:00 a.m. and 10 a.m. U.S.C. 191; 33 CFR 1.05–1, 6.04–1, DATES: Vessels able to pass under the bridge This rule is effective July 11, 6.04–6, and 160.5; Department of in the closed position may do so at 2016. Homeland Security Delegation No. anytime. The bridges will not be able to ADDRESSES: To view documents 0170.1. The District Seven Commander open for emergencies and there are no mentioned in this preamble as being has determined that potential hazards immediate alternate routes for vessels to available in the docket, go to http:// associated with New Year’s Eve, Fourth pass. www.regulations.gov, type USCG–2015– of July, and Columbus Day Weekend The Coast Guard will also inform the 0786 in the ‘‘SEARCH’’ box and click events pose a safety concern for anyone users of the waterways through our ‘‘SEARCH.’’ Click on Open Docket on the waters of Biscayne Bay. The
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purpose of this rule is to ensure safety Although the regulated navigation area C. Collection of Information of vessels and the navigable waters in covers most of Biscayne Bay, it is only This rule will not call for a new Biscayne Bay before, during, and after enforced for a maximum of 38 hours collection of information under the the New Year’s Eve, Fourth of July, and during three holiday weekends. Paperwork Reduction Act of 1995 (44 Columbus Day Weekend events. Moreover, the Coast Guard will issue U.S.C. 3501–3520). Broadcast Notice to Mariners via VHF– IV. Discussion of Comments, Changes, FM marine channel 16 to provide notice D. Federalism and Indian Tribal and the Rule of the zone and the regulations that Governments As noted above, we received no allow vessels to enter the regulated A rule has implications for federalism comments on our NPRM published navigation area. under E.O. 13132, Federalism, if it has November 20, 2015. There are no a substantial direct effect on the States, B. Impact on Small Entities significant changes in the regulatory text on the relationship between the national of this rule from the proposed rule in The Regulatory Flexibility Act of government and the States, or on the the NPRM. This rule establishes a 1980, 5 U.S.C. 601–612, as amended, distribution of power and regulated navigation area Columbus Day requires Federal agencies to consider responsibilities among the various weekend, starting at noon on the the potential impact of regulations on levels of government. We have analyzed Saturday before Columbus Day through small entities during rulemaking. The this rule under that Order and have 2 a.m. on Monday (the Columbus Day term ‘‘small entities’’ comprises small determined that it is consistent with the holiday); from 9 p.m. December 31st businesses, not-for-profit organizations fundamental federalism principles and until 2 a.m. January 1st; and from 7 p.m. that are independently owned and preemption requirements described in until 2 a.m. on the night Fourth of July operated and are not dominant in their E.O. 13132. fireworks are scheduled in Downtown fields, and governmental jurisdictions Also, this rule does not have tribal Miami and Key Biscayne. with populations of less than 50,000. implications under E.O. 13175, This regulated navigation area will The Coast Guard received no comments Consultation and Coordination with encompass waters of Biscayne Bay from the Small Business Administration Indian Tribal Governments, because it between Julia Tuttle Causeway Bridge on this rulemaking. The Coast Guard does not have a substantial direct effect and Turkey Point in Homestead, certifies under 5 U.S.C. 605(b) that this on one or more Indian tribes, on the Florida. The duration of the zone is rule will not have a significant relationship between the Federal intended to ensure the safety of vessels economic impact on a substantial Government and Indian tribes, or on the and these navigable waters before, number of small entities. distribution of power and during, and after New Year’s Eve, responsibilities between the Federal Fourth of July, and Columbus Day While some owners or operators of Government and Indian tribes. If you Weekend Holidays. vessels intending to transit the regulated believe this rule has implications for All vessels within the proposed navigation area may be small entities, federalism or Indian tribes, please regulated navigation area are: (1) for the reasons stated in section V.A contact the person listed in the FOR Required to transit the regulated above, this rule will not have a FURTHER INFORMATION CONTACT section navigation area at no more than 15 significant economic impact on any above. knots; (2) subject to control by the Coast vessel owner or operator. E. Unfunded Mandates Reform Act Guard; and (3) required to follow the Under section 213(a) of the Small instructions of all law enforcement Business Regulatory Enforcement The Unfunded Mandates Reform Act vessels in the area. Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of V. Regulatory Analyses we want to assist small entities in understanding this rule. If the rule their discretionary regulatory actions. In We developed this rule after would affect your small business, particular, the Act addresses actions considering numerous statutes and organization, or governmental that may result in the expenditure by a Executive Orders (E.O.s) related to jurisdiction and you have questions State, local, or tribal government, in the rulemaking. Below we summarize our concerning its provisions or options for aggregate, or by the private sector of analyses based on a number of these compliance, please contact the person $100,000,000 (adjusted for inflation) or statutes and E.O.s, and we discuss First more in any one year. Though this rule listed in the FOR FURTHER INFORMATION Amendment rights of protestors. will not result in such an expenditure, CONTACT section. we do discuss the effects of this rule A. Regulatory Planning and Review Small businesses may send comments elsewhere in this preamble. E.O.s 12866 and 13563 direct agencies on the actions of Federal employees to assess the costs and benefits of who enforce, or otherwise determine F. Environment available regulatory alternatives and, if compliance with, Federal regulations to We have analyzed this rule under regulation is necessary, to select the Small Business and Agriculture Department of Homeland Security regulatory approaches that maximize Regulatory Enforcement Ombudsman Management Directive 023–01 and net benefits. E.O. 13563 emphasizes the and the Regional Small Business Commandant Instruction M16475.lD, importance of quantifying both costs Regulatory Fairness Boards. The which guide the Coast Guard in and benefits, of reducing costs, of Ombudsman evaluates these actions complying with the National harmonizing rules, and of promoting annually and rates each agency’s Environmental Policy Act of 1969 (42 flexibility. This rule has not been responsiveness to small business. If you U.S.C. 4321–4370f), and have designated a ‘‘significant regulatory wish to comment on actions by determined that this action is one of a action,’’ under E.O. 12866. Accordingly, employees of the Coast Guard, call 1– category of actions that do not it has not been reviewed by the Office 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a of Management and Budget. Coast Guard will not retaliate against significant effect on the human This regulatory action determination small entities that question or complain environment. This rule is categorically is based on the size, location, duration, about this rule or any policy or action excluded from further review under and time-of-day of the safety zone. of the Coast Guard. paragraph 34(g) of Figure 2–1 of the
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Commandant Instruction. An assisting the Captain of the Port Miami DATES: This final rule is effective on July environmental analysis checklist in the enforcement of the regulated area. 11, 2016. supporting this determination and a (2) The term ‘‘Columbus Day’’ means ADDRESSES: EPA has established a Categorical Exclusion Determination are the federally recognized holiday docket for this action under Docket ID available in the docket where indicated occurring annually on the second No. EPA–R05–OAR–2015–0315. All under ADDRESSES. We seek any Monday in October. documents in the docket are listed in comments or information that may lead (c) Regulations. All vessels within the the http://www.regulations.gov Web to the discovery of a significant regulated area are required to transit at site. Although listed in the index, some environmental impact from this rule. no more than 15 knots, are subject to information is not publicly available, control by the Coast Guard, and must G. Protest Activities e.g., Confidential Business Information follow the instructions of designated or other information whose disclosure is The Coast Guard respects the First representatives. restricted by statute. Certain other Amendment rights of protesters. (d) Enforcement period. This section material, such as copyrighted material, Protesters are asked to contact the will be in enforced annually on is not placed on the Internet and will be person listed in the FOR FURTHER Columbus Day weekend, starting at publicly available only in hard copy INFORMATION CONTACT section to noon on the Saturday before Columbus form. Publicly available docket coordinate protest activities so that your Day through 2 a.m. on Monday (the materials are available either through message can be received without Columbus Day holiday); from 9 p.m. http://www.regulations.gov, or please jeopardizing the safety or security of December 31st until 2 a.m. January 1st; contact the person identified in the FOR people, places or vessels. and from 7 p.m. until 2 a.m. on the FURTHER INFORMATION CONTACT section night Fourth of July fireworks are for additional availability information. List of Subjects in 33 CFR Part 165 scheduled in Downtown Miami and Key FOR FURTHER INFORMATION CONTACT: Biscayne. Harbors, Marine safety, Navigation Francisco J. Acevedo, Mobile Source (water), Reporting and recordkeeping Dated: June 2, 2016. Program Manager, Control Strategies requirements, Security measures, S.A. Buschman, Section, Air Programs Branch (AR–18J), Waterways. Rear Admiral, U.S. Coast Guard, Commander, Environmental Protection Agency, For the reasons discussed in the Seventh Coast Guard District. Region 5, 77 West Jackson Boulevard, preamble, the Coast Guard amends 33 [FR Doc. 2016–13656 Filed 6–8–16; 8:45 am] Chicago, Illinois 60604, (312) 886–6061, CFR part 165 as follows: BILLING CODE 9110–04–P [email protected]. PART 165—REGULATED NAVIGATION SUPPLEMENTARY INFORMATION: AREAS AND LIMITED ACCESS AREAS Throughout this document whenever ENVIRONMENTAL PROTECTION ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean ■ 1. The authority citation for part 165 AGENCY EPA. continues to read as follows: 40 CFR Part 52 I. What is being addressed by this Authority: 33 U.S.C. 1231; 50 U.S.C. 191; document? 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [EPA–R05–OAR–2015–0315; FRL–9947–39– Department of Homeland Security Delegation Region 5] On February 25, 2016, at 81 FR 9391, No. 0170.1. EPA proposed to approve amendments Air Plan Approval; Indiana; Removal of to 326 IAC 8–4–6 and 326 IAC 8–4–1 of ■ 2. Revise § 165.779 to read as follows: Gasoline Vapor Recovery the Indiana Administrative Code, § 165.779 Regulated Navigation Area; Requirements removing Stage II requirements from the Holiday Events; Biscayne Bay, Miami, FL. Indiana’s Federally-approved ozone SIP. AGENCY: Environmental Protection The revision included copies of 326 IAC (a) Regulated area. The regulated Agency (EPA). 8–4–1 and 326 IAC 8–4–6, as published navigation area encompasses all waters ACTION: Final rule. in the Indiana Register on March 4, 2015 of Biscayne Bay between Julia Tuttle (Document ID Number: 20150304–IR– and Turkey Point contained within the SUMMARY: The Environmental Protection 326120636FRA); a summary of state- following points: Beginning at Point 1 in Agency (EPA) is approving, as a revision specific calculations based on EPA position 25°48′43″ N, 80°08′29″ W; to the Indiana state implementation guidance used to calculate program thence south to Point 2 in position plan (SIP), submittals from the Indiana benefits and demonstrate widespread ° ′ ″ ° ′ ″ Department of Environmental 25 29 07 N, 80 10 44 W; thence use of onboard refueling vapor recovery Management (IDEM) dated April 27, and southwest to Point 3 in position (ORVR) in Indiana; and a section 110(l) ° ′ ″ ° ′ ″ September 10, 2015. The submittal 25 25 51 N, 80 12 00 W; thence west demonstration that includes offset ° ′ ″ concerns the state’s Stage II vapor to Point 4 in position 25 25 51 N, emission documentation that addresses ° ′ ″ recovery (Stage II) program for the 80 19 42 W; thence north to Point 5 in the 2013–2015 period, when Stage II ° ′ ″ ° ′ ″ Indiana portion of the Chicago (Lake position 25 29 10 N, 80 20 58 W; requirements were waived in Indiana and Porter counties) and the Louisville, thence north to Point 6 in position but widespread use of ORVR had not yet ° ′ ″ ° ′ ″ Kentucky (Clark and Floyd counties) 25 37 35 N, 80 18 28 W; thence occurred. northeast to Point 7 in position ozone nonattainment areas. The 25°48′44″ N, 80°11′17″ W; thence back submittal removes Stage II requirements II. What comments did we receive on to origin. All coordinates are North from both nonattainment areas, as a the proposed SIP revision? American Datum 1983. component of the Indiana ozone SIP. EPA provided a 30-day review and (b) Definitions. (1) The term The submittal also includes a comment period on the proposed action. ‘‘designated representative’’ means demonstration under the Clean Air Act The comment period closed on March Coast Guard Patrol Commanders, (CAA) that addresses emission impacts 28, 2016. EPA received no comments. including Coast Guard coxswains, petty associated with the removal of the Stage officers, and other officers operating II program. EPA proposed to approve III. What action is EPA taking? Coast Guard vessels, and Federal, state, the state’s submittal on February 25, EPA is approving revisions to the and local officers designated by or 2016, and received no comments. Indiana ozone SIP submitted dated
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April 27, and September 10, 2015, • does not impose an information report containing this action and other concerning the state’s Stage II program collection burden under the provisions required information to the U.S. Senate, in Indiana. EPA finds that the revisions of the Paperwork Reduction Act (44 the U.S. House of Representatives, and will not interfere with any applicable U.S.C. 3501 et seq.); the Comptroller General of the United requirement concerning attainment, • is certified as not having a States prior to publication of the rule in reasonable further progress or any other significant economic impact on a the Federal Register. A major rule applicable CAA requirement. substantial number of small entities cannot take effect until 60 days after it is published in the Federal Register. IV. Incorporation by Reference under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); This action is not a ‘‘major rule’’ as In this rule, EPA is finalizing • does not contain any unfunded defined by 5 U.S.C. 804(2). regulatory text that includes mandate or significantly or uniquely Under section 307(b)(1) of the CAA, incorporation by reference. In affect small governments, as described petitions for judicial review of this accordance with requirements of 1 CFR in the Unfunded Mandates Reform Act action must be filed in the United States 51.5, EPA is finalizing the incorporation of 1995 (Pub. L. 104–4); Court of Appeals for the appropriate by reference of the Indiana Regulations • does not have Federalism described in the proposed amendments circuit by August 8, 2016. Filing a implications as specified in Executive petition for reconsideration by the to 40 CFR part 52 set forth below. Order 13132 (64 FR 43255, August 10, Therefore, these materials have been Administrator of this final rule does not 1999); affect the finality of this action for the approved by EPA for inclusion in the • is not an economically significant SIP, have been incorporated by purposes of judicial review nor does it regulatory action based on health or extend the time within which a petition reference by EPA into that plan, are safety risks subject to Executive Order fully federally enforceable under for judicial review may be filed, and 13045 (62 FR 19885, April 23, 1997); shall not postpone the effectiveness of sections 110 and 113 of the CAA as of • is not a significant regulatory action such rule or action. This action may not the effective date of the final rulemaking subject to Executive Order 13211 (66 FR of EPA’s approval, and will be be challenged later in proceedings to 28355, May 22, 2001); enforce its requirements. (See section incorporated by reference by the • is not subject to requirements of 307(b)(2).) Director of the Federal Register in the Section 12(d) of the National 1 next update to the SIP compilation. Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 EPA has made, and will continue to Act of 1995 (15 U.S.C. 272 note) because Environmental protection, Air make, these materials generally application of those requirements would pollution control, Incorporation by available through www.regulations.gov be inconsistent with the CAA; and reference, Intergovernmental relations, and/or at the EPA Region 5 Office • does not provide EPA with the Nitrogen oxides, Ozone, Volatile organic (please contact the person identified in discretionary authority to address, as FOR FURTHER INFORMATION CONTACT compounds. the appropriate, disproportionate human section of this preamble for more health or environmental effects, using Dated: June 3, 2016. information). practicable and legally permissible Robert A. Kaplan, V. Statutory and Executive Order methods, under Executive Order 12898 Acting Regional Administrator, Region 5. Reviews (59 FR 7629, February 16, 1994). 40 CFR part 52 is amended as follows: Under the CAA, the Administrator is In addition, the SIP is not approved to apply on any Indian reservation land required to approve a SIP submission PART 52—APPROVAL AND or in any other area where EPA or an that complies with the provisions of the PROMULGATION OF Indian tribe has demonstrated that a CAA and applicable Federal regulations IMPLEMENTATION PLANS 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribe has jurisdiction. In those areas of Indian country, the rule does not have Thus, in reviewing SIP submissions, ■ tribal implications and will not impose 1. The authority citation for part 52 EPA’s role is to approve state choices, continues to read as follows: provided that they meet the criteria of substantial direct costs on tribal the CAA. Accordingly, this action governments or preempt tribal law as Authority: 42 U.S.C. 7401 et seq. merely approves state law as meeting specified by Executive Order 13175 (65 ■ Federal requirements and does not FR 67249, November 9, 2000). 2. In § 52.770 the table in paragraph impose additional requirements beyond The Congressional Review Act, 5 (c) is amended under ‘‘Article 8: those imposed by state law. For that U.S.C. 801 et seq., as added by the Small Volatile Organic Compound Rules’’, reason, this action: Business Regulatory Enforcement ‘‘Rule 4: Petroleum Sources’’ by revising • Is not a ‘‘significant regulatory Fairness Act of 1996, generally provides the entries for 8–4–1 ‘‘Applicability’’ action’’ subject to review by the Office that before a rule may take effect, the and 8–4–6 ‘‘Gasoline dispensing of Management and Budget under agency promulgating the rule must facilities’’ to read as follows: submit a rule report, which includes a Executive Order 12866 (58 FR 51735, § 52.770 Identification of plan. October 4, 1993); copy of the rule, to each House of the Congress and to the Comptroller General * * * * * 1 62 FR 27968 (May 22, 1997). of the United States. EPA will submit a (c) * * *
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EPA-APPROVED INDIANA REGULATIONS
Indiana Indiana citation Subject effective EPA approval date Notes date
*******
Article 8: Volatile Organic Compound Rules
Rule 4: Petroleum Sources
8–4–1 ...... Applicability ...... 3/5/2015 6/9/2016, [Insert Federal Register citation].
******* 8–4–6 ...... Gasoline dispensing facilities ...... 3/5/2015 6/9/2016, [Insert Federal Register citation].
*******
* * * * * www.regulations.gov or via email to II. How is the SIP being revised? [FR Doc. 2016–13605 Filed 6–8–16; 8:45 am] [email protected]. For comments III. What is EPA’s analysis of the state’s submission? BILLING CODE 6560–50–P submitted at Regulations.gov, follow the IV. What action is EPA taking? online instructions for submitting V. Incorporation by Reference comments. Once submitted, comments VI. Statutory and Executive Order Reviews ENVIRONMENTAL PROTECTION cannot be edited or removed from AGENCY Regulations.gov. For either manner of I. Background Information submission, EPA may publish any In the SIP, the ELT River Road 40 CFR Part 52 comment received to its public docket. Industrial Center is subject to specific [EPA–R05–OAR–2015–0136; FRL–9947–48– Do not submit electronically any restrictions as part of Minnesota’s SIP Region 5] information you consider to be for SO2 in the Twin Cities Seven County 1 Confidential Business Information (CBI) SO2 area (Twin Cities area). The SIP for Air Plan Approval; Minnesota; Sulfur or other information whose disclosure is ELT’s River Road Industrial Center was Dioxide restricted by statute. Multimedia most recently approved by EPA on AGENCY: Environmental Protection submissions (audio, video, etc.) must be August 3, 2010, (75 FR 148). Agency (EPA). accompanied by a written comment. Currently, four fossil fuel-fired boilers ACTION: Direct final rule. The written comment is considered the (#1, #2, #3, and #4) and four emergency official comment and should include generators (#5, #6, #7, and #8) are the SUMMARY: The Environmental Protection discussion of all points you wish to primary emission units at the facility. Agency (EPA) is approving a revision to make. EPA will generally not consider Boilers #1, #2, and #3 use natural gas as the Minnesota sulfur dioxide (SO2) State comments or comment contents located their primary fuel with distillate oil as Implementation Plan (SIP) for ELT outside of the primary submission (i.e. a backup fuel. Boiler #4 uses natural gas Minneapolis, LLC’s (ELT) River Road on the web, cloud, or other file sharing for fuel. All the emergency generators Industrial Center located in Fridley, system). For additional submission use low sulfur diesel fuel. In addition, Anoka County, Minnesota. The revision, methods, please contact the person the facility is subject to fuel usage submitted by the Minnesota Pollution identified in the FOR FURTHER limitations to restrict the total facility Control Agency on February 24, 2016, INFORMATION CONTACT section. For the SO2 emissions. updates information to reflect both full EPA public comment policy, administrative and equipment changes II. How is the SIP being revised? information about CBI or multimedia at the facility. The name of the facility On February 24, 2016, the MPCA submissions, and general guidance on has changed to BAE Technology Center submitted a revision to Minnesota’s SO2 (BAE). The revision will result in a making effective comments, please visit SIP for the ELT River Road Industrial http://www2.epa.gov/dockets/ significant decrease in SO2 emissions Center. The revision, most specifically, and will support the continued commenting-epa-dockets. reflects changes as a result of new FOR FURTHER INFORMATION CONTACT attainment and maintenance of the SO2 : ownership. national ambient air quality standard Charles Hatten, Environmental In 2015, as part of a purchase (NAAQS) in the Twin Cities area. Engineer, Control Strategies Section, Air agreement, corporate ownership DATES: This rule is effective on August Programs Branch (AR–18J), transferred from ELT to the Gramercy 8, 2016, unless EPA receives adverse Environmental Protection Agency, Property Trust Fridley Owner LLC (GPT written comments by July 11, 2016. If Region 5, 77 West Jackson Boulevard, Fridley). GPT Fridley changed the name EPA receives adverse comments, EPA Chicago, Illinois 60604, (312)886–6031, of the facility from River Road Industrial will publish a timely withdrawal of the [email protected]. Center to BAE. Under new ownership, BAE will be rule in the Federal Register and inform SUPPLEMENTARY INFORMATION: used for office and warehouse space. the public that the rule will not take Throughout this document whenever The emergency generators are used for effect. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean stand-by power, for both life-safety, and ADDRESSES: Submit your comments, EPA. This supplementary information section is arranged as follows: identified by Docket ID No. EPA–R05– 1 The area was officially designated attainment of OAR–2016–0136 at http:// I. Background Information the SO2 NAAQS on July 31, 1995 (60 FR 28339).
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communications in the event of parts per billion (ppb), well below the generally available through electrical power is lost. 1-hour SO2 NAAQS of 75 ppb. EPA www.regulations.gov and/or at the The revised SIP identifies the boilers expects the air quality in the Twin appropriate EPA office (see the FOR and emergency generators as both Cities area to remain protected with the FURTHER INFORMATION CONTACT section of emission units (EU) and numbered revisions being approved. this preamble for more information). equipment (EQUI). For example, boiler The revised SO2 SIP for the BAE #4 (EU 004) is now identified as boiler facility provides for reductions in VI. Statutory and Executive Order #4 (EU 004/EQUI 1). allowable emissions, and therefore, Reviews Because part of the BAE facility had strengthens the SO2 SIP for the Twin Under the Clean Air Act (CAA), the been demolished, boilers #1, #2, and #3, Cities area. Thus, EPA believes the BAE Administrator is required to approve a and emergency generators #7 and #8 facility revision request is approvable. SIP submission that complies with the were decommissioned and removed provisions of the CAA and applicable IV. What action is EPA taking? from the facility. Boiler #4, and Federal regulations. 42 U.S.C. 7410(k); emergency generators #5 and #6 were EPA is approving the request by 40 CFR 52.02(a). Thus, in reviewing SIP relocated within the facility. Minnesota to revise the SO2 SIP as it submissions, EPA’s role is to approve As part of the recent changes to the applies to the BAE Technology Center. state choices, provided that they meet facility, boiler #4, which burns natural Specifically, EPA is approving into the the criteria of the CAA. Accordingly, gas, has been modified to burn fuel oil SIP those portions of the BAE this action merely approves state law as as a backup fuel. Boiler #4 has a design Technology Center facility Joint Title I/ meeting Federal requirements and does capacity rated at 10.46 million British Title V document, permit No. not impose additional requirements thermal units per hour (MMBtu/hr). 00300245–003, cited as ‘‘[Title I beyond those imposed by state law. For BAE has imposed limits on boiler #4 to Condition: 40 CFR 50.4(SO2 SIP), Title that reason, this action: restrict its fuels to natural gas and I Condition: 40 CFR 51, Title I • Is not a ‘‘significant regulatory distillate fuel oil, with a sulfur content Condition: 40 CFR pt. 52, subp. Y].’’ action’’ subject to review by the Office limit on the fuel oil of less than or equal This replaces the current SO2 SIP for of Management and Budget under to 0.05 percent by weight. ELT Minneapolis, LLC. Executive Orders 12866 (58 FR 51735, Boilers #1, #2, and #3, which had This revision will result in an overall October 4, 1993) and 13563 (76 FR 3821, design capacities rated at 69.8, 69.8, and reduction of SO2 emissions at the January 21, 2011); 35.1 MMBtu/hr, respectively, have been facility, which supports the continued • Does not impose an information replaced with a newer, more efficient attainment and maintenance of the SO2 collection burden under the provisions boiler. The new boiler #5 has a design NAAQS in the Twin Cities area. of the Paperwork Reduction Act (44 capacity rated at 19.674 MMBtu/hr. We are publishing this action without U.S.C. 3501 et seq.); Boiler #5 is restricted to combusting prior proposal because we view this as • Is certified as not having a natural gas and distillate fuel oil with a a noncontroversial amendment and significant economic impact on a sulfur content limit on the fuel oil of anticipate no adverse comments. substantial number of small entities less than or equal to 0.05 percent by However, in the proposed rules section under the Regulatory Flexibility Act (5 weight as a backup fuel. of this Federal Register publication, we U.S.C. 601 et seq.); • III. What is EPA’s analysis of the state’s are publishing a separate document that Does not contain any unfunded submission? will serve as the proposal to approve the mandate or significantly or uniquely state plan if relevant adverse written affect small governments, as described The SO2 emission units operating at comments are filed. This rule will be in the Unfunded Mandates Reform Act the BAE facility are boilers #4 and #5 effective August 8, 2016 without further of 1995 (Pub. L. 104–4); and two emergency generators (#5 and notice unless we receive relevant • Does not have Federalism #6). Boilers #1, #2, and #3, and adverse written comments by July 11, implications as specified in Executive emergency generators #7 and #8 have 2016. If we receive such comments, we Order 13132 (64 FR 43255, August 10, been removed from the facility. will withdraw this action before the 1999); Boiler #4’s potential SO2 emissions effective date by publishing a • 2 Is not an economically significant increase by 2.33 tons per year. Boiler subsequent document that will regulatory action based on health or #5’s potential SO2 emissions using withdraw the final action. All public safety risks subject to Executive Order distillate fuel as a backup fuel are 4.37 comments received will then be 13045 (62 FR 19885, April 23, 1997); tons per year. addressed in a subsequent final rule • Is not a significant regulatory action Overall, the emissions change from based on the proposed action. EPA will subject to Executive Order 13211 (66 FR replacing the three older boilers (#1, #2, not institute a second comment period. 28355, May 22, 2001); and #3) with a new, more efficient Any parties interested in commenting • Is not subject to requirements of boiler #5, coupled with modifications to on this action should do so at this time. Section 12(d) of the National boiler #4 to burn fuel oil as a backup If we do not receive any comments, this Technology Transfer and Advancement fuel, result in a significant decrease in action will be effective August 8, 2016. Act of 1995 (15 U.S.C. 272 note) because SO2 emissions at the BAE facility. This application of those requirements would action reduces the facility’s total SO2 V. Incorporation by Reference be inconsistent with the CAA; and emissions from 39.76 tons per year to In this rule, EPA is finalizing • Does not provide EPA with the 7.25 tons per year. The net emissions regulatory text that includes discretionary authority to address, as change is a reduction of 32.51 tons of incorporation by reference. In appropriate, disproportionate human SO2 per year for the BAE facility. accordance with requirements of 1 CFR health or environmental effects, using SO2 monitors near the BAE facility are 51.5, EPA is finalizing the incorporation practicable and legally permissible currently measuring values less than 10 by reference of the Minnesota methods, under Executive Order 12898 regulations described in the (59 FR 7629, February 16, 1994). 2 Section 3 of Minnesota’s technical support document provides a full analysis of the emission amendments to 40 CFR part 52 set forth In addition, the SIP is not approved calculations and the results of the emission below. The EPA has made, and will to apply on any Indian reservation land changes. continue to make, these documents or in any other area where EPA or an
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Indian tribe has demonstrated that a Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52 tribe has jurisdiction. In those areas of petitions for judicial review of this Environmental protection, Air Indian country, the rule does not have action must be filed in the United States pollution control, Incorporation by tribal implications and will not impose Court of Appeals for the appropriate reference, Intergovernmental relations, substantial direct costs on tribal circuit by August 8, 2016. Filing a Reporting and recordkeeping governments or preempt tribal law as petition for reconsideration by the requirements, Sulfur dioxide. specified by Executive Order 13175 (65 Administrator of this final rule does not Dated: May 31, 2016. FR 67249, November 9, 2000). affect the finality of this action for the Robert A. Kaplan, The Congressional Review Act, 5 purposes of judicial review nor does it U.S.C. 801 et seq., as added by the Small extend the time within which a petition Acting Regional Administrator, Region 5. Business Regulatory Enforcement for judicial review may be filed, and 40 CFR part 52 is amended as follows: Fairness Act of 1996, generally provides shall not postpone the effectiveness of PART 52—APPROVAL AND that before a rule may take effect, the such rule or action. Parties with agency promulgating the rule must PROMULGATION OF objections to this direct final rule are IMPLEMENTATION PLANS submit a rule report, which includes a encouraged to file a comment in copy of the rule, to each House of the response to the parallel notice of ■ 1. The authority citation for part 52 Congress and to the Comptroller General proposed rulemaking for this action continues to read as follows: of the United States. EPA will submit a published in the proposed rules section Authority: 42 U.S.C. 7401 et seq. report containing this action and other of today’s Federal Register, rather than required information to the U.S. Senate, ■ file an immediate petition for judicial 2. In § 52.1220, the table in paragraph the U.S. House of Representatives, and review of this direct final rule, so that (d) is amended by removing the entry the Comptroller General of the United EPA can withdraw this direct final rule for ‘‘ELT Minneapolis, LLC’’ and adding States prior to publication of the rule in and address the comment in the in alphabetical order an entry for ‘‘BAE the Federal Register. A major rule Technology Center’’ to read as follows: cannot take effect until 60 days after it proposed rulemaking. This action may is published in the Federal Register. not be challenged later in proceedings to § 52.1220 Identification of plan. This action is not a ‘‘major rule’’ as enforce its requirements. (See section * * * * * defined by 5 U.S.C. 804(2). 307(b)(2).) (d) * * *
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State effective Name of source Permit No. date EPA approval date Comments
******* BAE Technology Center .. 00300245–003 01/20/16 6/9/16, [Insert Federal Only conditions cited as ‘‘[Title I Condition: 40 CFR Register citation]. 50.4(SO2 SIP), Title I Condition: 40 CFR 51, Title I Condition: 40 CFR pt. 52, subp. Y]’’.
*******
* * * * * SUMMARY: NMFS implements managed under the Fishery [FR Doc. 2016–13604 Filed 6–8–16; 8:45 am] accountability measures (AMs) for Management Plan for the Snapper- BILLING CODE 6560–50–P commercial snowy grouper in the Grouper Fishery of the South Atlantic exclusive economic zone (EEZ) of the Region (FMP). The FMP was prepared South Atlantic. NMFS projects by the South Atlantic Fishery DEPARTMENT OF COMMERCE commercial landings for snowy grouper Management Council and is will reach the commercial annual catch implemented by NMFS under the National Oceanic and Atmospheric limit (ACL) by June 14, 2016. Therefore, authority of the Magnuson-Stevens Administration NMFS closes the commercial sector for Fishery Conservation and Management snowy grouper in the South Atlantic Act (Magnuson-Stevens Act) by 50 CFR Part 622 EEZ on June 14, 2016, and it will remain regulations at 50 CFR part 622. [Docket No. 0907271173–0629–03] closed until the start of the next fishing The commercial ACL (commercial season on January 1, 2017. This closure quota) for snowy grouper in the South RIN 0648–XE666 is necessary to protect the snowy Atlantic is 125,760 lb (57,044 kg), gutted grouper resource. weight, 148,397 lb (67,312 kg), round Fisheries of the Caribbean, Gulf of DATES: This rule is effective 12:01 a.m., weight, for the current fishing year, Mexico, and South Atlantic; 2015 January 1 through December 31, 2016, Commercial Accountability Measure local time, June 14, 2016, until 12:01 a.m., local time, January 1, 2017. as specified in 50 CFR 622.190(a)(1)(ii). and Closure for South Atlantic Snowy Under 50 CFR 622.193(b)(1), NMFS is Grouper FOR FURTHER INFORMATION CONTACT: required to close the commercial sector Mary Vara, NMFS Southeast Regional AGENCY: National Marine Fisheries for snowy grouper when the commercial Office, telephone: 727–824–5305, email: quota is reached, or is projected to be Service (NMFS), National Oceanic and [email protected]. Atmospheric Administration (NOAA), reached, by filing a notification to that Commerce. SUPPLEMENTARY INFORMATION: The effect with the Office of the Federal snapper-grouper fishery of the South Register. NMFS projects that ACTION: Temporary rule; closure. Atlantic includes snowy grouper and is commercial landings of South Atlantic
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snowy grouper, as estimated by the Atlantic snapper-grouper fishery has the requirements to provide prior notice Science and Research Director, will been issued, the bag and possession and opportunity for public comment reach the commercial ACL by June 14, limits and the sale and purchase pursuant to the authority set forth in 5 2016. Accordingly, the commercial provisions of the commercial closure for U.S.C. 553(b)(B), as such procedures sector for South Atlantic snowy grouper snowy grouper would apply regardless would be unnecessary and contrary to is closed effective 12:01 a.m., local time, of whether the fish are harvested in state the public interest. Such procedures are June 14, 2016, until 12:01 a.m., local or Federal waters, as specified in 50 unnecessary because the rule itself has time, January 1, 2017. CFR 622.190(c)(1)(ii). been subject to notice and comment, The operator of a vessel with a valid Classification and all that remains is to notify the commercial vessel permit for South public of the closure. Such procedures Atlantic snapper-grouper having snowy The Regional Administrator, are contrary to the public interest grouper on board must have landed and Southeast Region, NMFS, has because of the need to immediately bartered, traded, or sold such snowy determined this temporary rule is implement this action to protect snowy necessary for the conservation and grouper prior to 12:01 a.m., local time, grouper since the capacity of the fishing management of snowy grouper and the June 14, 2016. During the commercial fleet allows for rapid harvest of the South Atlantic snapper-grouper fishery closure, harvest and possession of commercial quota. Prior notice and and is consistent with the Magnuson- snowy grouper in or from the South opportunity for public comment would Stevens Act and other applicable laws. require time and would potentially Atlantic EEZ is limited to the bag and This action is taken under 50 CFR possession limits, as specified in result in a harvest well in excess of the 622.193(b)(1) and is exempt from review established commercial quota. § 622.187(b)(2)(ii) and (c)(1). Also under Executive Order 12866. during the commercial closure, the sale These measures are exempt from the For the aforementioned reasons, the or purchase of snowy grouper taken procedures of the Regulatory Flexibility AA also finds good cause to waive the from the EEZ is prohibited. The Act, because the temporary rule is 30-day delay in the effectiveness of this prohibition on sale or purchase does not issued without opportunity for prior action under 5 U.S.C. 553(d)(3). apply to the sale or purchase of snowy notice and comment. Authority: 16 U.S.C. 1801 et seq. grouper that were harvested, landed This action responds to the best ashore, and sold prior to 12:01 a.m., scientific information available. The Dated: June 6, 2016. local time, June 14, 2016, and were held Assistant Administrator for NOAA Alan D. Risenhoover, in cold storage by a dealer or processor. Fisheries (AA), finds that the need to Director, Office of Sustainable Fisheries, For a person on board a vessel for immediately implement this action to National Marine Fisheries Service. which a Federal commercial or charter close the commercial sector for snowy [FR Doc. 2016–13667 Filed 6–8–16; 8:45 am] vessel/headboat permit for the South grouper constitutes good cause to waive BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 81, No. 111
Thursday, June 9, 2016
This section of the FEDERAL REGISTER For service information identified in post a report summarizing each contains notices to the public of the proposed this proposed AD, contact PILATUS substantive verbal contact we receive issuance of rules and regulations. The Aircraft Ltd., Customer Technical about this proposed AD. purpose of these notices is to give interested Support (MCC), P.O. Box 992, CH–6371 persons an opportunity to participate in the Stans, Switzerland; phone: +41 (0)41 Discussion rule making prior to the adoption of the final rules. 619 67 74; fax: +41 (0)41 619 67 73; The Federal Office of Civil Aviation email: techsupport@pilatus- (FOCA), which is the aviation authority aircraft.com; internet: http:// for Switzerland, has issued AD HB– DEPARTMENT OF TRANSPORTATION www.pilatus-aircraft.com. You may 2016–001, dated May 17, 2016 (referred review this referenced service to after this as ‘‘the MCAI’’), to correct Federal Aviation Administration information at the FAA, Small Airplane an unsafe condition for PILATUS Directorate, 901 Locust, Kansas City, Aircraft Ltd. Model PC–7 airplanes and 14 CFR Part 39 Missouri 64106. For information on the was based on mandatory continuing [Docket No. FAA–2016–7026; Directorate availability of this material at the FAA, airworthiness information originated by Identifier 2016–CE–016–AD] call (816) 329–4148. an aviation authority of another country. The MCAI states: RIN 2120–AA64 Examining the AD Docket You may examine the AD docket on This Airworthiness Directive (AD) is Airworthiness Directives; PILATUS the Internet at http:// prompted due to a report of Stress Corrosion Aircraft Ltd. Airplanes www.regulations.gov by searching for Cracking (SCC) on the Main Frame on Frame and locating Docket No. FAA–2016– (FR) 11 left fitting Part Number (P/N) AGENCY: Federal Aviation 112.35.07.489 and right fitting P/N Administration (FAA), Department of 7026; or in person at the Docket Management Facility between 9 a.m. 112.35.07.490. Transportation (DOT). Such a condition, if left uncorrected, could ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, except Federal holidays. The AD docket lead to potential loss of the horizontal (NPRM). stabilizer. contains this proposed AD, the In order to correct and control the SUMMARY: We propose to adopt a new regulatory evaluation, any comments situation, this AD requires a one-time check airworthiness directive (AD) for received, and other information. The to identify the material specification and PILATUS Aircraft Ltd. Model PC–7 street address for the Docket Office inspect the affected areas of the airframe that airplanes. This proposed AD results (telephone (800) 647–5527) is in the are made of aluminum alloy AA2024–T351. from mandatory continuing ADDRESSES section. Comments will be Any structural parts of the aircraft structure airworthiness information (MCAI) available in the AD docket shortly after found to be cracked must be reported to originated by an aviation authority of receipt. Pilatus prior to further flight another country to identify and correct FOR FURTHER INFORMATION CONTACT: an unsafe condition on an aviation Doug Rudolph, Aerospace Engineer, You may examine the MCAI on the product. The MCAI describes the unsafe FAA, Small Airplane Directorate, 901 Internet at http://www.regulations.gov condition as stress corrosion cracking Locust, Room 301, Kansas City, by searching for and locating Docket No. on the main frame on frame 11 left and Missouri 64106; telephone: (816) 329– FAA–2016–7026. right fittings. We are issuing this 4059; fax: (816) 329–4090; email: Related Service Information Under 1 proposed AD to require actions to [email protected]. CFR Part 51 address the unsafe condition on these SUPPLEMENTARY INFORMATION: products. PILATUS Aircraft Ltd. has issued Comments Invited DATES: We must receive comments on PILATUS Aircraft Ltd. PC–7 Service this proposed AD by July 25, 2016. We invite you to send any written Bulletin No: 53–013; and PILATUS ADDRESSES: You may send comments by relevant data, views, or arguments about Aircraft Ltd. PC–7 Service Bulletin No: any of the following methods: this proposed AD. Send your comments 53–014, both dated February 25, 2016. • Federal eRulemaking Portal: Go to to an address listed under the PILATUS Aircraft Ltd. PC–7 Service http://www.regulations.gov. Follow the ADDRESSES section. Include ‘‘Docket No. Bulletin No: 53–013, dated February 25, instructions for submitting comments. FAA–2016–7026; Directorate Identifier 2016, describes procedures for initial • Fax: (202) 493–2251. 2016–CE–016–AD’’ at the beginning of and repetitive inspection of the main • Mail: U.S. Department of your comments. We specifically invite frame FR11 left and right fittings for Transportation, Docket Operations, M– comments on the overall regulatory, stress corrosion cracking; and PILATUS 30, West Building Ground Floor, Room economic, environmental, and energy Aircraft Ltd. PC–7 Service Bulletin No: W12–140, 1200 New Jersey Avenue SE., aspects of this proposed AD. We will 53–014, dated February 25, 2016, Washington, DC 20590. consider all comments received by the describes procedures for replacement of • Hand Delivery: U.S. Department of closing date and may amend this the main frame FR11 left and right Transportation, Docket Operations, M– proposed AD because of those fittings when necessary. This service 30, West Building Ground Floor, Room comments. information is reasonably available W12–140, 1200 New Jersey Avenue SE., We will post all comments we because the interested parties have Washington, DC 20590, between 9 a.m. receive, without change, to http:// access to it through their normal course and 5 p.m., Monday through Friday, regulations.gov, including any personal of business or by the means identified except Federal holidays. information you provide. We will also in the ADDRESSES section of this NPRM.
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FAA’s Determination and Requirements Part A, Subpart III, Section 44701: (b) Affected ADs of the Proposed AD General requirements.’’ Under that None. section, Congress charges the FAA with This product has been approved by (c) Applicability promoting safe flight of civil aircraft in the aviation authority of another This AD applies to Pilatus Aircraft Limited country, and is approved for operation air commerce by prescribing regulations for practices, methods, and procedures Model PC–7 airplanes, manufacturer serial in the United States. Pursuant to our numbers (MSN) 101 through 618, certificated bilateral agreement with this State of the Administrator finds necessary for in any category. Design Authority, they have notified us safety in air commerce. This regulation of the unsafe condition described in the is within the scope of that authority (d) Subject MCAI and service information because it addresses an unsafe condition Air Transport Association of America referenced above. We are proposing this that is likely to exist or develop on (ATA) Code 53: Fuselage. AD because we evaluated all products identified in this rulemaking (e) Reason action. information and determined the unsafe This AD was prompted by mandatory condition exists and is likely to exist or Regulatory Findings continuing airworthiness information (MCAI) develop on other products of the same originated by an aviation authority of another type design. We determined that this proposed AD country to identify and correct an unsafe would not have federalism implications condition on an aviation product. The MCAI Differences Between This Proposed AD under Executive Order 13132. This describes the unsafe condition as stress and the Service Information proposed AD would not have a corrosion cracking on the main frame on The service bulletin requires substantial direct effect on the States, on frame 11 left and right fittings, which can repetitive inspections by reference in a the relationship between the national cause potential loss of the horizontal note, which the FAA cannot mandate, Government and the States, or on the stabilizer. We are issuing this proposed AD so the intent of the note has been distribution of power and to detect and correct stress corrosion cracking on the frame 11 left and right fittings and incorporated into a required action for responsibilities among the various replace if necessary. this proposed AD. levels of government. For the reasons discussed above, I (f) Actions and Compliance Costs of Compliance certify this proposed regulation: Unless already done, do the actions in We estimate that this proposed AD (1) Is not a ‘‘significant regulatory paragraphs (f)(1) through (f)(4) of this AD: will affect 19 products of U.S. registry. action’’ under Executive Order 12866, (1) Within the next 120 days after the We also estimate that it would take (2) Is not a ‘‘significant rule’’ under effective date of this AD, check the material about 3 work-hours per product to the DOT Regulatory Policies and specification of the Frame (FR) 11 left fitting part number (P/N) 112.35.07.489 and the FR check the material specification of the Procedures (44 FR 11034, February 26, fittings and 11 work-hours per product 11 right fitting P/N 112.35.07.490 following 1979), the Accomplishment Instructions in to inspect the 2014–T351 fittings as (3) Will not affect intrastate aviation paragraph 3.B. of PILATUS Aircraft Ltd. PC– required in order to comply with the in Alaska, and 7 Service Bulletin No: 53–013, dated basic requirements of this proposed AD. (4) Will not have a significant February 25, 2016. The average labor rate is $85 per work- economic impact, positive or negative, (2) If fittings made of aluminum alloy hour. on a substantial number of small entities AA2124–T851 are found during the Based on these figures, we estimate under the criteria of the Regulatory inspection required by paragraph (f)(1) of this AD, within 30 days after the inspection or the cost of the proposed AD on U.S. Flexibility Act. operators to be $17,765, or $935 per within the next 30 days after the effective product. List of Subjects in 14 CFR Part 39 date of this AD, whichever occurs later, report the inspection results following the In addition, we estimate that any Air transportation, Aircraft, Aviation necessary follow-on actions would take reporting requirements in paragraph 3.D. of safety, Incorporation by reference, PILATUS Aircraft Ltd. PC–7 Service Bulletin about 19 work-hours and require parts Safety. No: 53–013, dated February 25, 2016. costing $5,000 for a cost of $1,615 per (3) If fittings made of aluminum alloy product. We have no way of The Proposed Amendment AA2024–T351 are found during the determining the number of products Accordingly, under the authority inspection required by paragraph (f)(1) of this that may need these actions. delegated to me by the Administrator, AD, before further flight, and repetitively According to the manufacturer, some the FAA proposes to amend 14 CFR part thereafter at intervals not to exceed 12 months, inspect FR 11 left fitting, P/N of the costs of this proposed AD may be 39 as follows: covered under warranty, thereby 112.35.07.489 and the FR 11 right fitting, P/ reducing the cost impact on affected N 112.35.07.490, for cracks following the PART 39—AIRWORTHINESS Accomplishment Instructions in paragraph individuals. We do not control warranty DIRECTIVES 3.C. of PILATUS Aircraft Ltd. PC–7 Service coverage for affected individuals. As a Bulletin No: 53–013, dated February 25, result, we have included all costs in our ■ 1. The authority citation for part 39 2016. cost estimate. continues to read as follows: (4) If cracks are found during any Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. inspection required in paragraph (f)(3) of this AD, before further flight, replace the fittings Title 49 of the United States Code § 39.13 [Amended] following the Accomplishment Instructions specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding in paragraph 3 of PILATUS Aircraft Ltd. PC– 7 Service Bulletin No: 53–014, dated rules on aviation safety. Subtitle I, the following new AD: section 106, describes the authority of February 25, 2016. Pilatus Aircraft Limited: Docket No. FAA– the FAA Administrator. ‘‘Subtitle VII: (g) Other FAA AD Provisions 2016–7026; Directorate Identifier 2016– Aviation Programs,’’ describes in more CE–016–AD. The following provisions also apply to this detail the scope of the Agency’s AD: authority. (a) Comments Due Date (1) Alternative Methods of Compliance We are issuing this rulemaking under We must receive comments by July 25, (AMOCs): The Manager, Standards Office, the authority described in ‘‘Subtitle VII, 2016. FAA, has the authority to approve AMOCs
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for this AD, if requested using the procedures DEPARTMENT OF HOMELAND A. Public Participation and Request for found in 14 CFR 39.19. Send information to SECURITY Comments ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Coast Guard We view public participation as Room 301, Kansas City, Missouri 64106; essential to effective rulemaking, and telephone: (816) 329–4059; fax: (816) 329– 33 CFR Part 110 will consider all comments and material 4090; email: [email protected]. Before received during the comment period. using any approved AMOC on any airplane Your comments can help shape the [Docket Number USCG–2016–0132] to which the AMOC applies, notify your outcome of this possible rulemaking. If appropriate principal inspector (PI) in the you submit a comment, please include FAA Flight Standards District Office (FSDO), RIN 1625–AA01 the docket number for this rulemaking, or lacking a PI, your local FSDO. indicate the specific section of this (2) Airworthy Product: For any requirement Anchorage Grounds, Hudson River; document to which each comment in this AD to obtain corrective actions from Yonkers, NY to Kingston, NY a manufacturer or other source, use these applies, and provide a reason for each suggestion or recommendation. actions if they are FAA-approved. Corrective AGENCY: Coast Guard, DHS. actions are considered FAA-approved if they We encourage you to submit are approved by the State of Design Authority ACTION: Advance notice of proposed comments through the Federal (or their delegated agent). You are required rulemaking. eRulemaking Portal at http:// to assure the product is airworthy before it www.regulations.gov. If your material is returned to service. SUMMARY: The Coast Guard is cannot be submitted using http:// (3) Reporting Requirements: For any considering establishing new anchorage www.regulations.gov, contact the person reporting requirement in this AD, a federal grounds in the Hudson River from in the FOR FURTHER INFORMATION agency may not conduct or sponsor, and a Yonkers, NY, to Kingston, NY. We are CONTACT section of this document for person is not required to respond to, nor considering this action after receiving shall a person be subject to a penalty for alternate instructions. requests suggesting that anchorage We accept anonymous comments. All failure to comply with a collection of grounds may improve navigation safety information subject to the requirements of comments received will be posted the Paperwork Reduction Act unless that along an extended portion of the without change to http:// collection of information displays a current Hudson River, which currently has no www.regulations.gov and will include valid OMB Control Number. The OMB anchorage grounds, allowing for a safer any personal information you have Control Number for this information and more efficient flow of vessel traffic. provided. For more about privacy and collection is 2120–0056. Public reporting for The Coast Guard is seeking comments the docket, you may review a Privacy this collection of information is estimated to and information about the operational Act notice regarding the Federal Docket be approximately 5 minutes per response, need for new anchorage grounds and Management System in the March 24, including the time for reviewing instructions, what form possible regulations should 2005, issue of the Federal Register (70 completing and reviewing the collection of take. information. All responses to this collection FR 15086). of information are mandatory. Comments DATES: Comments and related material Documents mentioned in this ANPRM concerning the accuracy of this burden and must be received by the Coast Guard on as being available in the docket, and all suggestions for reducing the burden should or before September 7, 2016. public comments, will be in our online be directed to the FAA at: 800 Independence Requests for public meetings must be docket at http://www.regulations.gov Ave. SW., Washington, DC 20591, Attn: and can be viewed by following that Information Collection Clearance Officer, received by the Coast Guard on or before June 30, 2016. Web site’s instructions. Additionally, if AES–200. you go to the online docket and sign up (h) Related Information ADDRESSES: You may submit comments for email alerts, you will be notified identified by docket number USCG– when comments are posted and if we Refer to Federal Office of Civil Aviation 2016–0132 using the Federal (FOCA) AD HB–2016–001, dated May 17, publish rulemaking documents related 2016, for related information. You may eRulemaking Portal at http:// to this ANPRM. www.regulations.gov. See the ‘‘Public examine the MCAI on the Internet at http:// B. Regulatory History and Information www.regulations.gov by searching for and Participation and Request for locating Docket No. FAA–2016–7026. For Comments’’ portion of the Under title 33 Code of Federal service information related to this AD, SUPPLEMENTARY INFORMATION section for Regulation (CFR) 109.05, U.S. Coast contact PILATUS Aircraft Ltd., Customer further instructions on submitting Guard District Commanders are Technical Support (MCC), P.O. Box 992, CH– comments. delegated the authority to establish 6371 Stans, Switzerland; phone: +41 (0)41 anchorage grounds by the Commandant FOR FURTHER INFORMATION CONTACT: If 619 67 74; fax: +41 (0)41 619 67 73; email: of the U.S. Coast Guard. The Coast [email protected]; internet: you have questions on this document, Guard establishes Anchorage Grounds http://www.pilatus-aircraft.com. You may call or email Mr. Craig Lapiejko, review this referenced service information at Waterways Management Branch at Coast under the authority in Section 7 of the the FAA, Small Airplane Directorate, 901 Guard First District, telephone 617– act of March 4, 1915, as amended (38 Locust, Kansas City, Missouri 64106. For 223–8351, email Stat. 1053; 33 U.S.C. 471), and places information on the availability of this [email protected]. these regulations in title 33 CFR part material at the FAA, call (816) 329–4148. 110, subpart B. Hudson River SUPPLEMENTARY INFORMATION: Anchorage Ground regulations were last Issued in Kansas City, Missouri, on June 2, amended by rules published on March 2016. Table of Acronyms 31, 2016, January 15, 2015, and on July Melvin Johnson, ANPRM Advance notice of proposed 20, 1999; these are 81 FR 18494, 80 FR Acting Manager, Small Airplane Directorate, rulemaking 2011, and 64 FR 38828, respectively. Aircraft Certification Service. DHS Department of Homeland Security The Coast Guard is now considering a [FR Doc. 2016–13544 Filed 6–8–16; 8:45 am] FR Federal Register proposed rulemaking to establish new BILLING CODE 4910–13–P NAD 83 North American Datum of 1983 anchorage grounds in the Hudson River.
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C. Basis and Purpose Contemplated Port Ewen Anchorage 38.56′ N., 073–57.02′ W.; thence to 41– Ground 38.64′ N., 073–56.72′ W.; thence to 41– The legal basis and authorities for this ′ ′ We are considering proposing that a 38.12 N., 073–56.79 W.; thence to 41– ANPRM are found in 33 U.S.C. 471, ′ ′ Port Ewen Anchorage Ground would 37.93 N., 073–56.88 W.; thence to 41– 1221 through 1236, and 2071, as well as ′ ′ cover approximately 47 acres for one 38.19 N., 073–57.05 W.; thence to the 33 CFR 1.05–1 and Department of vessel with a draft of less than 30 feet point of origin (NAD 83). Homeland Security Delegation No. for short term usage. It would provide 0170.1, which collectively authorize the Contemplated Marlboro Anchorage a vessel swing radius of approximately Coast Guard to propose, establish, and Ground 1,200 feet. The contemplated anchorage define regulatory anchorages. The Coast ground would encompass waters within We are considering proposing that a Guard is considering establishing new lines connecting the following points: Marlboro Anchorage Ground would anchorage grounds. 41–54.85′ N., 073–57.85′ W.; thence to cover approximately 154 acres for up to The Coast Guard received requests 41–54.79′ N., 073–57.59′ W.; thence to three vessels with a draft of less than 35 from the Maritime Association of the 41–54.58′ N., 073–57.64′ W.; thence to feet for long term usage. It would Port of NY/NJ Tug and Barge 41–54.57′ N., 073–57.95′ W.; thence to provide a vessel swing radius of Committee, the Hudson River Port the point of origin (NAD 83). approximately 1,800 feet for each vessel. Pilot’s Association, and the American The contemplated anchorage ground Contemplated Big Rock Point Waterways Operators to consider would encompass waters within lines Anchorage Ground establishing new anchorage grounds on connecting the following points: 41– We are considering proposing that a 36.68′ N., 073–57.12′ W.; thence to 41– the Hudson River. The purpose of this ′ ′ ANPRM is to solicit comments on Big Rock Point Anchorage Ground 38.82 N., 073–57.76 W.; thence to 41– would cover approximately 208 acres 35.88′ N., 073–57.21′ W.; thence to 41– potential proposed rulemakings to ′ ′ increase the available anchorage for up to four vessels with a draft of less 35.87 N., 073–56.92 W.; thence to the grounds on the Hudson River in areas than 35 feet for long term usage. It point of origin (NAD 83). which currently have no anchorages. would provide a vessel swing radius of Contemplated Newburgh Anchorage approximately 1,200 feet for each vessel. Ground D. Discussion of Possible Proposed Rule The contemplated anchorage ground would encompass waters within lines We are considering proposing that a The Coast Guard is considering connecting the following points: 41– Newburgh Anchorage Ground would proposing to establish new anchorage 54.25′ N., 073–58.04′ W.; thence to 41– cover approximately 445 acres for up to grounds on the Hudson River. The 54.31′ N., 073–57.76′ W.; thence to 41– five vessels with a draft of less than 32 anticipated users of the proposed 53.79′ N., 073–57.55′ W.; thence to 41– feet toward the northern end and less anchorage grounds are commercial 53.40′ N., 073–57.25′ W.; thence to 41– than 22 feet toward the southern end for vessels and their attending tug, tow, or 53.21′ N., 073–57.45′ W.; thence to 41– long term usage. It would provide a pushboats. 53.68′ N., 073–57.80′ W.; thence to the vessel swing radius of approximately The approximate depths of the point of origin (NAD 83). 1,800 feet for each vessel. The proposed anchorage grounds range from contemplated anchorage ground would Contemplated Roseton Anchorage encompass waters within lines 21 feet to 65 feet, which would Ground accommodate a variety of vessel types connecting the following points: 41– ′ ′ and configurations, and would not We are considering proposing that a 29.75 N., 073–59.98 W.; thence to 41– ′ ′ interfere with the areas where vessels Roseton Anchorage Ground would cover 29.96 N., 073–59.48 W.; thence to 41– ′ ′ have historically transited the Hudson approximately 305 acres for up to three 28.38 N., 073–59.94 W.; thence to 41– ′ ′ River. Preliminary details describing vessels with a draft of less than 40 feet 28.29 N., 074–00.20 W.; thence to the these contemplated anchorage grounds for long term usage. It would provide a point of origin (NAD 83). vessel swing radius of approximately are provided below using coordinates Contemplated Tompkins Cove 1,700 feet for each vessel. The based on North American Datum of Anchorage Ground 1983 (NAD 83). Illustrations showing contemplated anchorage ground would We are considering proposing that a the locations of these anchorage grounds encompass waters within lines Tomkins Cove Anchorage Ground are available in the docket. connecting the following points: 41– 33.46′ N., 073–58.71′ W.; thence to 41– would cover approximately 98 acres for Contemplated Kingston Flats South 33.41′ N., 073–58.27′ W.; thence to 41– up to three vessels with a draft of less Anchorage Ground 32.92′ N., 073–58.77′ W.; thence to 41– than 40 feet for long term usage. It 32.41′ N., 073–59.21′ W.; thence to 41– would provide a vessel swing radius of We are considering proposing that a 32.65′ N., 073–59.47′ W.; thence to 41– approximately 1,200 feet for each vessel. Kingston Flats South Anchorage Ground 33.12′ N., 073–59.11′ W.; thence to the The contemplated anchorage ground would cover approximately 279 acres point of origin (NAD 83). would encompass waters within lines for up to three vessels with a draft of connecting the following points: 41– Contemplated Milton Anchorage less than 22 feet for long term usage. It 15.91′ N., 073–58.51′ W.; thence to 41– Ground would provide a vessel swing radius of 15.91′ N., 073–58.21′ W.; thence to 41– approximately 1,300 feet for one vessel We are considering proposing that a 15.27′ N., 073–58.38′ W.; thence to 41– and of approximately 1,800 feet for two Milton Anchorage Ground would cover 15.28′ N., 073–58.65′ W.; thence to the vessels. The contemplated anchorage approximately 74 acres for up to two point of origin (NAD 83). ground would encompass waters within vessels with a draft of less than 40 feet lines connecting the following points: for long term usage. It would provide a Contemplated Montrose Point 41–56.79′ N., 073–57.24′ W.; thence to vessel swing radius of approximately Anchorage Ground 41–56.78′ N., 073–56.85′ W.; thence to 1,200 feet for each vessel. The We are considering proposing that a 41–55.81′ N., 073–56.95′ W.; thence to contemplated anchorage ground would Montrose Point Anchorage Ground 41–55.81′ N., 073–57.42′ W.; thence to encompass waters within lines would cover approximately 127 acres the point of origin (NAD 83). connecting the following points: 41– for up to three vessels with a draft of
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less than 26 feet for long term usage. It ENVIRONMENTAL PROTECTION www.regulations.gov index. Although would provide a vessel swing radius of AGENCY listed in the index, some information is approximately 1,400 feet for each vessel. not publicly available, i.e., CBI or other The contemplated ground would 40 CFR Part 52 information, the disclosure of which is encompass waters within lines [EPA–R10–OAR–2015–0397: FRL–9947–53– restricted by statute. Certain other connecting the following points: 41– Region 10] material, such as copyrighted material, 14.02′ N., 073–57.45′ W.; thence to 41– is not placed on the Internet and will be 14.09′ N., 073–57.15′ W.; thence to 41– Approval and Promulgation of publicly available only in hard copy 31.10′ N., 073–57.00′ W.; thence to 41– Implementation Plans; Idaho: form. Publicly available docket Stationary Source Permitting 13.18′ N., 073–56.60′ W.; thence to the materials are available either Revisions point of origin (NAD 83). electronically at http:// www.regulations.gov or in hard copy AGENCY: Environmental Protection Contemplated Yonkers Extension during normal business hours at the Agency (EPA). Anchorage Ground Office of Air, Waste and Toxics, EPA ACTION: Proposed rule. Region 10, 1200 Sixth Avenue, Seattle, We are considering proposing that a SUMMARY: The Environmental Protection Washington 98101. Yonkers Extension Anchorage Ground Agency (EPA) proposes to approve, and FOR FURTHER INFORMATION CONTACT: would cover approximately 715 acres incorporate by reference, revisions to Kristin Hall at (206) 553–6357, or for up to 16 vessels with a draft of less the Idaho State Implementation Plan [email protected]. than 35 feet for long term usage. It submitted on May 21, 2015. In the SUPPLEMENTARY INFORMATION: would provide a vessel swing radius of submission, Idaho revised stationary Throughout this document wherever approximately 1,200 feet for each vessel. source permitting rules, including the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is The contemplated anchorage ground addition of facility-wide emission limits intended to refer to the EPA. would encompass waters within lines and nonmetallic mineral processing connecting the following points: 41– plant regulations. Idaho also added an Table of Contents 00.60′ N., 073–53.61′ W.; thence to 41– alternative method for stationary I. Background 00.60′ N., 073–53.31′ W.; thence to 40– sources to comply with sulfur content of II. State Submission 58.05′ N., 073–53.96′ W.; thence to 40– fuels limits, and updated provisions to III. Analysis of Submitted Revisions A. Facility-Wide Emissions Cap Rules 56.96′ N., 073–54.39′ W.; thence to 40– account for changes to federal air ′ ′ quality regulations. The EPA proposes B. Nonmetallic Mineral Processing Plant 57.02 N., 073–54.71 W.; thence to 40– Rules 58.11′ N., 073–54.25′ W.; thence to the to approve the submitted revisions as C. Sulfur Content of Fuels Provision point of origin (NAD 83). consistent with the Clean Air Act and D. Definitions and Baselines for Fine the EPA’s implementing regulations. Particulate Matter E. Information Requested DATES: Comments must be received on E. Incorporation by Reference Updates or before July 11, 2016. F. Effect of Court Decisions Vacating and Public participation is requested to ADDRESSES: Submit your comments, Remanding Certain Federal Rules assist in determining the best way IV. Proposed Action identified by Docket ID No. EPA–R10– forward with respect to establishing V. Incorporation by Reference OAR–2015–0397, at http:// new anchorage grounds on the Hudson VI. Statutory and Executive Order Reviews www.regulations.gov. Follow the online River between Yonkers, NY, to instructions for submitting comments. I. Background Kingston, NY. To aid us in developing Once submitted, comments cannot be Section 110 of the Clean Air Act a possible proposed rule, we seek any edited or removed from http:// (CAA) governs the process by which a comments, whether positive or negative, www.regulations.gov. The EPA may state submits air quality protection including but not limited to the impacts publish any comment received to its requirements to the EPA for approval anchorage grounds may have on public docket. Do not submit into the State Implementation Plan navigation safety and current vessel electronically any information you (SIP). The SIP is the state’s plan to traffic in this area, the proposed number consider to be Confidential Business implement, maintain and enforce the and size of vessels anchoring in each Information (CBI) or other information National Ambient Air Quality Standards proposed anchorage ground, and the the disclosure of which is restricted by (NAAQS) set by the EPA. Idaho authorized duration for each vessel in statute. Multimedia submissions (audio, regularly updates the Rules for the each proposed anchorage ground. We video, etc.) must be accompanied by a Control of Air Pollution in Idaho are also seeking comments on any written comment. The written comment (IDAPA 58.01.01) to reflect changes to additional locations where anchorage is considered the official comment and the NAAQS and to improve grounds may be helpful on the Hudson should include discussion of all points implementation, maintenance and River or any recommended alterations you wish to make. The EPA will enforcement of those standards. We note to the specific locations considered in generally not consider comments or that Idaho incorporates by reference this notice. Please submit any comments comment contents located outside of the portions of certain federal regulations or concerns you may have in accordance primary submission (i.e. on the web, directly into the SIP. The state generally with the ‘‘Public Participation and cloud, or other file sharing system). For submits an annual update to the EPA to Request for Comments’’ section above. additional submission methods, the full keep rules consistent with federal EPA public comment policy, requirements. L.L. Fagan, information about CBI or multimedia II. State Submission Rear Admiral, U.S. Coast Guard, Commander submissions, and general guidance on First Coast Guard District. making effective comments, please visit On May 21, 2015, Idaho submitted [FR Doc. 2016–13701 Filed 6–8–16; 8:45 am] http://www2.epa.gov/dockets/ revisions to state air quality rules at IDAPA 58.01.01 to the EPA for approval BILLING CODE 9110–04–P commenting-epa-dockets. Docket: All documents in the into the SIP. Idaho adopted these rule electronic docket are listed in the http:// changes on November 19 and November
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21, 2014. The state provided notice and if the revised minor source permit to In sum, we are proposing to approve an opportunity for public comment and construct and Tier II operating permit and incorporate by reference the FEC hearing on the changes. Notices were programs continue to comply with the rules at IDAPA 58.01.01.175 through published in the Idaho Administrative CAA and the EPA’s implementing 181 into the Idaho SIP, except as the Bulletin and public hearings were held regulations. We propose to find that rules relate to hazardous air pollutants. on September 9 and October 7, 2014. they do, and that the FEC rules are Hazardous air pollutants are regulated We have evaluated Idaho’s submission approvable for the reasons stated below. under CAA section 112, and are not and propose to find the state has met the First, the FEC rules contain adequate appropriate for approval into the SIP. requirements for reasonable notice and provisions to prevent sources operating The SIP includes provisions related to public hearing under section 110 of the under a FEC limit from causing or attainment and maintenance of the CAA. contributing to a violation of the NAAQS, and other specific NAAQS. CAA section 110(a)(2)(C) requirements of CAA section 110. We III. Analysis of Submitted Revisions requires ‘‘. . . regulation of the are also proposing to approve and A. Facility-Wide Emissions Cap Rules modification and construction of any incorporate by reference the revisions to IDAPA 58.01.01.201 Permit to Construct In the submission, Idaho revised the stationary source . . . as necessary to Required and IDAPA 58.01.01.401 Tier rules that permit construction and assure that the [NAAQS] are achieved.’’ II Operating Permit to appropriately operation of stationary sources. Idaho’s The EPA’s implementing regulations for cross-reference the FEC rules. However, changes give certain minor sources the minor sources, set forth in the Code of consistent with our previous action on option to apply for facility-wide Federal Regulations (CFR) at 40 CFR November 26, 2010, we are not emission limitations. These limitations, 51.160 through 164, require a state to have procedures to prevent construction approving section .01.a and section .04 or caps, when incorporated into a minor of IDAPA 58.01.01.401 because the source permit to construct or Tier II or modification of a source if it will result in a violation of a pollution provisions allow for unbounded operating permit, are intended to allow director’s discretion (75 FR 72719). minor sources to operate more flexibly, control strategy, or if it will interfere without having to request permit with the attainment or maintenance of B. Nonmetallic Mineral Processing Plant modifications for certain process a NAAQS. Rules The FEC rules ensure maintenance of changes. In the submission, Idaho made For example, semiconductor the NAAQS by limiting the option to obtain a FEC limit to minor sources and changes to streamline the permit manufacturing facilities make many process for rock crushers, asphalt requiring the applicant to demonstrate equipment and process changes as they plants, and other portable equipment that operating under the FEC limit will develop new products and technologies. used to process nonmetallic minerals. not cause or contribute to a violation of However, many equipment and process Instead of continuing to require that a a NAAQS. As stated in IDAPA changes do not warrant extensive regulated rock crusher obtain a permit 58.01.01.176.02.a, major sources, or review as a permit modification. The to construct before starting operation, sources undergoing a major intent of the facility-wide emissions cap Idaho created a permit by rule that modification, cannot obtain a FEC limit. is to set a cap on emissions from a establishes controls and other operating Moreover, by its terms, the FEC limit is facility, while allowing process changes parameters that apply to an eligible set below major source thresholds. The under certain conditions that may source upon registration with the Idaho increase emissions. As long as facility FEC rules at IDAPA 58.01.01.178.03 Department of Environmental Quality. emissions stay below the cap and the through .04 also require recordkeeping These requirements are codified at process changes do not trigger new and reporting, including an annual IDAPA 58.01.01.790 through 799 Rules requirements, the source may be report, demonstrating compliance with for the Control of Nonmetallic Mineral permitted to construct and operate. the FEC limit(s) and maintenance of the Processing Plants. Sources that register The new Idaho rules for limiting NAAQS. and operate in compliance with the emissions from minor sources are called Second, the addition of the FEC rules are considered to have a ‘‘permit the facility-wide emissions cap rules, or option does not alleviate any of the by rule.’’ Only minor sources that ‘‘FEC’’ rules, codified at IDAPA application requirements for either the operate for less than twelve consecutive 58.01.01.175 through 181. These rules minor source permit to construct months at a single location are eligible lay out the requirements a minor source program or the Tier II operating permit for the permit by rule. Sources covered must meet to request a FEC limit, and program. The EPA has already approved by the Federal New Source Performance the method for determining the limit. A Idaho’s application procedures for both Standards (NSPS) at 40 CFR part 60, FEC limit is expressed as tons per year, programs. The EPA approved revisions subpart OOO are not eligible, nor are on a 12-month rolling basis, and may be to Idaho’s minor source permit to new and modified major sources. By applied to any criteria pollutant or construct application procedures most extension, rock crushers that are part of hazardous air pollutant. The FEC rules recently on January 16, 2003 (68 FR a new major source or proposed major do not provide for issuance of a stand- 2217).1 Similarly, the EPA approved modification are not eligible for the alone permit. Rather, owners or revisions to Idaho’s Tier II operating permit by rule. operators of eligible facilities may permit program most recently on The requirements for eligible request a FEC limit be incorporated into November 26, 2010 (75 FR 72719).2 nonmetallic mineral processing plants a new or existing permit to construct or specify that obtaining a permit by rule Tier II operating permit. As stated 1 EPA did not approve section .03 of IDAPA does not relieve the owner or operator 58.01.01.201 because it is related to toxic air above, only minor sources are eligible. pollutants and not the criteria pollutants or other of an eligible source from the These include sources that request an requirements of CAA section 110 (January 16, 2003; responsibility of complying with other emission limit to avoid major source 68 FR 2217, at page 2221). federal, state and local applicable laws, permitting, otherwise known as 2 The EPA did not approve section .01.a and regulations, and requirements. The rules section .04 of IDAPA 58.01.01.401, related to synthetic minor sources. alternative emission limits and compliance date make clear that sources subject to the In our review, we have evaluated the extensions (November 26, 2010; 75 FR 72719, at NSPS for Nonmetallic Mineral addition of the FEC option to determine page 72723). Processing Plants, or the NSPS for
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Portland Cement Plants or Hot Mix aggregating more than three minutes in when applying for a permit to construct Asphalt Plants, must continue to any sixty minute period. NSPS- or operate—to request an alternative comply with the NSPS limits and regulated processing plants are held to method to comply with sulfur in fuel controls, as applicable. Provisions in the stricter opacity limits. limits. The revision specifies that the rules related to NSPS and title V source In addition to meeting opacity limits, alternative may only be allowed if the operating permits (IDAPA 58.01.01.792 sources must use best management applicant demonstrates that sulfur and IDAPA 58.01.01.794.04) are practices to limit fugitive dust from the dioxide emissions would be equal to or generally not appropriate for SIP operation, including controls on paved less than emissions would be under the approval because they are not intended public roads, unpaved haul roads, prescribed sulfur content of fuel limits. to implement the requirements of CAA transfer points, screening operations, In other words, to get approval to use a section 110. Moreover, the NSPS for stacks and vents, crushers and grinding fuel with higher sulfur content, a Nonmetallic Mineral Processing Plants, mills, and stockpiles. These best stationary source must show that, by codified at 40 CFR part 60, subpart management practices are triggered installing a control device, the source OOO, applies to affected facilities by its during the course of operations, for can reduce hourly controlled emissions terms regardless of Idaho’s rule. See 40 instance when observed visible to less than the maximum hourly CFR 60.670. emissions from vehicle traffic emissions from combusting complying The nonmetallic mineral processing approaches the opacity limit, or when fuels. plant rules set out the registration citizen complaints come in that have If a demonstration meets the rule process and operating parameters for merit. Sources must maintain a daily requirements, the Idaho Department of rock crushers and other eligible sources, record of observing the operation, Environmental Quality may approve the including limits on the hours of including when events trigger required alternative compliance method into a operation, fuel consumptions rates, best control strategies and the corrective stationary source permit to construct or management practices, and general actions taken. operating permit. Any permit issued controls designed to ensure compliance Idaho also amended IDAPA must contain the appropriate source with the NAAQS. The registration 58.01.01.011 to include new terms monitoring, record-keeping and procedures for the permit by rule are supporting the nonmetallic mineral reporting requirements, for ensuring contained in IDAPA 58.01.01.795 processing plant rules. The new compliance, in accordance with Idaho’s through 799. Owners and operators may definitions include: ‘‘Best Management federally-approved permit to construct choose to operate an eligible plant Practice,’’ ‘‘Control Strategy Trigger,’’ and operating permit programs. under the permit by rule by registering ‘‘Nonmetallic Mineral Processing We note that this rule revision alone the new or modified processing plant Plant,’’ ‘‘NSPS Regulated Facility or does not allow the Idaho Department of fifteen days prior to commencing Plant,’’ ‘‘Permit by Rule,’’ ‘‘Progressive Environmental Quality to relax any operation or modification. As part of the Control Strategy,’’ and ‘‘Site of existing permit limits or conditions registration, the owner or operator must Operations.’’ without also ensuring compliance with supply information, such as The EPA proposes to determine that existing permit rules. In addition, any manufacturer, model, and throughput the permit by rule provisions for rock modification required for a stationary capacity, on the rock crushers, screen crushers and other nonmetallic mineral source to combust higher sulfur fuels, decks, and electric generators proposed processing plants are consistent with even without increasing allowable to be part of the processing plant. the types of permit terms and conditions emissions, may be subject to Owners and operators who register that are generally used when issuing preconstruction permitting rules. their nonmetallic mineral processing source-specific permits to sources in Based on the information above, we plants are deemed to have a permit by this category, and may in fact be more conclude that the rule change is rule if they operate the plants in prescriptive. We also propose to designed to protect the NAAQS, and we accordance with the applicable conclude that the addition of the propose to approve and incorporate by substantive requirements. In general, the nonmetallic mineral processing rules reference the revision to IDAPA rules prohibit emissions that would be are consistent with the CAA and the 58.01.01.725 Rules for Sulfur Content of injurious to human health or welfare, EPA’s implementing regulations at 40 Fuels. animal or plant life, or property, or that CFR 51.160 through 164. We are D. Definitions and Baselines for Fine would interfere unreasonably with the therefore proposing to approve IDAPA Particulate Matter enjoyment of life or property. In 58.01.01.011 and IDAPA 58.01.01.790 addition, owners and operators of through 799 into the Idaho SIP, except In the submission, Idaho revised eligible sources must take all reasonable IDAPA 58.01.01.792, and IDAPA IDAPA 58.01.01.006 General Definitions precautions to prevent the generation of 58.01.01.794.04 because they are not to clarify that the definition of ‘‘Criteria fugitive dust, in addition to meeting related to the requirements of CAA Air Pollutant’’ includes fine particulate specific opacity standards spelled out section 110 and are inappropriate for matter (PM2.5), and added specific for categories of activities at areas of SIP approval. definitions for PM2.5 and PM2.5 operation. emissions. Idaho also updated the Specific requirements sources must C. Sulfur Content of Fuels Provision Baselines for Prevention of Significant meet include fuel restrictions, limits on The Idaho sulfur content of fuels Deterioration rule section to add major operating hours, and monitoring and provision regulates the sulfur dioxide and minor source baseline dates for recordkeeping requirements for emissions from stationary sources by PM2.5. We propose to approve these electrical generators at a source. For setting limits on the sulfur content of revisions as consistent with the CAA, example, electrical generators must run residual fuel oil, distillate fuel oil, and the EPA’s fine particulate matter on American Society of Testing and coal that is sold, distributed, used, or standards set forth at 40 CFR 50.18, and Materials (ASTM) Grade 1 or 2 fuel oil made available in Idaho. The provision major and minor source baseline dates and must also meet specific sulfur is located in IDAPA 58.01.01.725 Rules and area requirements detailed at 40 content in fuel restrictions. Sources also for Sulfur Content of Fuels. In the CFR 51.166(b)(14) and (15). We note must restrict visible emissions from submission, Idaho revised the rule that, consistent with our previous action various activities to 20% opacity or less, provision to allow a stationary source— on March 3, 2014, we are not approving
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the terms defined in sections .49, .50, 52.21(i) (relating to the significant capturing the EPA’s removal of the .51, .66, .67, .68.b, .114, and .116 monitoring concentration (SMC)) and 40 vacated provisions. Idaho also revised because these terms relate to toxic air CFR 52.21(k) (relating to the significant the ambient air quality analysis pollutants, not the criteria pollutants impact level (SIL)) that added a SMC requirements for major sources seeking and the requirements of CAA section and SIL for PM2.5 as part of the 2010 PSD permits (IDAPA 58.01.01.202 110 (79 FR 11711). PSD PM2.5 Implementation Rule Permit to Construct, at section .01) to (October 20, 2010, 75 FR 64864). We clarify the appropriate use of a SIL and E. Incorporation by Reference Updates partially disapproved Idaho’s previous reference the federal PSD regulation Idaho revised section .03 of IDAPA submittal incorporating these provisions listing SILs. We propose to find that 58.01.01.107 Incorporations by because they were vacated by a court these revisions are consistent with the Reference by updating the citation dates after Idaho had already adopted and Court’s opinion and current EPA PSD that incorporate federal provisions submitted them to the EPA (April 7, regulations. effective as of that date. Paragraph .a 2015, 80 FR 18526). 2. PSD Deferral of Certain Emissions incorporates by reference the On January 22, 2013, the U.S. Court From Biogenic Sources Requirements for Preparation, of Appeals for the District of Columbia, Adoption, and Submittal of in Sierra Club v. EPA,3 issued, with In 2011, the EPA revised the Implementation Plans, 40 CFR part 51, respect to the SMC, a judgment that, definition of ‘‘subject to regulation’’ at with the exception of certain visibility- among other things, vacated the 40 CFR 52.21(b)(49)(ii)(a). The intent related provisions, effective July 1, provisions adding the PM2.5 SMC to the was to defer for three years (until July 2014. We note that Idaho did not submit federal regulations at 40 CFR 21, 2014) PSD permitting for carbon updates to the incorporation of federal 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c). In dioxide (CO2) emissions from bioenergy provisions relied on as part of the its decision, the Court held that the EPA and other biogenic stationary sources State’s nonattainment area major did not have the authority to use SMCs (Deferral for CO2 Emissions from stationary source preconstruction to exempt permit applicants from the Bioenergy and Other Biogenic Sources permitting program. statutory requirement in section under the Prevention of Significant Paragraphs .b, .d, and .e of the same 165(e)(2) of the CAA that ambient Deterioration (PSD) and Title V section incorporate the following monitoring data for PM2.5 be included in Programs; Final Rule (July 20, 2011, 76 provisions effective July 1, 2014: .b all PSD permit applications. Thus, FR 43490) (Biogenic CO2 Deferral Rule)). National Primary and Secondary although the PM2.5 SMC was not a Idaho’s SIP incorporates by reference Ambient Air Quality Standards, 40 CFR required element of a state’s PSD federal PSD permitting rules and part 50; .d Ambient Air Monitoring program, where a state PSD program includes this deferral provision. Reference and Equivalent Methods, 40 contains such a provision and allows On July 12, 2013, the U.S. Court of CFR part 53; and .e Ambient Air Quality issuance of new permits without Appeals for the District of Columbia, in Surveillance, 40 CFR part 58. We requiring ambient PM2.5 monitoring Center for Biological Diversity v. EPA,4 propose to find that paragraphs .b, .d, data, such application of the vacated vacated the Biogenic CO2 Deferral Rule. and .e are consistent with CAA SMC would be inconsistent with the The deferral expired on July 21, 2014, requirements. Idaho did not submit Court’s opinion and the requirements of and by its terms is no longer in effect. section 165(e)(2) of the CAA. paragraphs .f through .n for approval 3. PSD Greenhouse Gas Tailoring Rule because the provisions are not related to At the EPA’s request, the decision CAA section 110 and the criteria also vacated and remanded the portions On June 23, 2014, the United States pollutants, and are inappropriate for SIP of the 2010 PSD PM2.5 Implementation Supreme Court, in Utility Air Regulatory Rule that revised 40 CFR 51.166 and 40 Group v. Environmental Protection approval. 5 Paragraph .c incorporates the CFR 52.21 related to SILs for PM2.5. The Agency, issued a decision addressing Approval and Promulgation of EPA requested this vacatur and remand the application of PSD permitting to Implementation Plans, 40 CFR part 52 of two of the three provisions in the greenhouse gas (GHG) emissions. The subparts A and N, and appendices D EPA regulations that contain SILs for Supreme Court said that the EPA may and E. This includes the Federal PM2.5 because the wording of these two not treat GHGs as an air pollutant for Prevention of Significant Deterioration SIL provisions (40 CFR 51.166(k)(2) and purposes of determining whether a (PSD) permitting rules at 40 CFR 52.21, 40 CFR 52.21(k)(2)) is inconsistent with source is a major source (or effective July 1, 2014. We propose to the explanation of when and how SILs modification thereof) required to obtain should be used by permitting authorities find that paragraph .c is consistent with a PSD permit. The Court also said that that we provided in the preamble to the CAA requirements. We note that the EPA could continue to require that Federal Register publication when we specific federal PSD permitting rules PSD permits, otherwise required based promulgated these provisions. The third have been vacated and remanded by the on emissions of pollutants other than SIL provision (40 CFR 51.165(b)(2)) was courts to the EPA. Idaho has responded GHGs, contain limits on GHG emissions not vacated and remains in effect. We by submitting rule changes to align the based on the application of Best also note that the Court’s decision does Idaho SIP with the court decisions. Available Control Technology (BACT). not affect the PSD increments for PM2.5 In order to act consistently with its Please see Section III. F. below. promulgated as part of the 2010 PSD understanding of the Court’s decision, F. Effect of Court Decisions Vacating PM2.5 Implementation Rule. pending further judicial action before and Remanding Certain Federal Rules On December 9, 2013, the EPA the U.S. Court of Appeals for the District amended its regulations to remove the of Columbia to effectuate the decision, 1. PM2.5 PSD Provisions vacated PM2.5 SILs and SMC provisions the EPA is not continuing to apply the As discussed above, Idaho from the federal PSD regulations (78 FR EPA regulations that would require SIPs incorporates by reference federal PSD 73698). In response, Idaho updated the to include permitting requirements that permitting requirements. The current incorporation by reference of federal the Supreme Court found Idaho SIP incorporates these rules, PSD regulations to July 1, 2014, codified at 40 CFR 52.21, as of July 1, 4 722 F.3d 401 (D.C. Cir. 2013). 2012, except revisions to 40 CFR 3 703 F.3d 458 (D.C. Cir. 2013). 5 134 S.Ct. 2427 (2014).
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impermissible. Specifically, the EPA is by reference of 40 CFR 51.165 (State • IDAPA 58.01.01.798 Electrical not applying the requirement that a effective 4/11/2015); Generators (State effective 3/15/2002); state’s SIP-approved PSD program • IDAPA 58.01.01.157 Test Methods and require that sources obtain PSD permits and Procedures (State effective 4/11/ • IDAPA 58.01.01.799 Nonmetallic when GHGs are the only pollutant (i) 2015); Mineral Processing Plan Fugitive Dust that the source emits or has the • IDAPA 58.01.01.175 Procedures Best Management Practice (State potential to emit above the major source and Requirements for Permits effective 3/15/2002). thresholds, or (ii) for which there is a Establishing a Facility Emissions Cap V. Incorporation by Reference significant emissions increase and a (State effective 4/11/2015); significant net emissions increase from • IDAPA 58.01.01.176 Facility In this rule, we are proposing to a modification (e.g., 40 CFR Emissions Cap, except for provisions include in a final rule regulatory text 51.166(b)(48)(v)). relating to hazardous air pollutants that includes incorporation by The EPA recently revised federal PSD (State effective 4/11/2015); reference. In accordance with rules in light of the Supreme Court • IDAPA 58.01.01.177 Application requirements of 1 CFR 51.5, we are decision (May 7, 2015, 80 FR 26183). In Procedures (State effective 4/11/2015); proposing to incorporate by reference addition, we anticipate that many states • IDAPA 58.01.01.178 Standard the provisions described above in will revise their existing SIP-approved Contents of Permits Establishing a Section IV. Proposed Action. The EPA PSD programs in light of the Supreme Facility Emissions Cap (State effective has made, and will continue to make, Court’s decision. We do not expect that 4/11/2015); these documents generally available all states have revised their existing PSD • IDAPA 58.01.01.179 Procedures for electronically through http:// program regulations yet, however, we Issuing Permits Establishing a Facility www.regulations.gov and/or in hard are evaluating submitted PSD program Emissions Cap (State effective 4/11/ copy at the appropriate EPA office (see revision to ensure that the state’s 2015); the ADDRESSES section of this preamble program correctly addresses GHGs, • IDAPA 58.01.01.180 Revisions to for more information). consistent with the Court’s decision. Permits Establishing a Facility VI. Statutory and Executive Order Idaho’s current SIP contains the GHG Emissions Cap (State effective 4/11/ Reviews permitting requirements reflected in 40 2015); Under the CAA, the Administrator is CFR 52.21, as amended in the Tailoring • IDAPA 58.01.01.181 Notice and required to approve a SIP submission Rule. As a result, the PSD permitting Record-Keeping of Estimates of Ambient that complies with the provisions of the program in Idaho, previously approved Concentrations (State effective 4/11/ CAA and applicable federal regulations. into the SIP, continues to require that 2015); 42 U.S.C. 7410(k); 40 CFR 52.02(a). PSD permits (otherwise required based • IDAPA 58.01.01.201 Permit to Thus, in reviewing SIP submissions, the on emissions of pollutants other than Construct Required (State effective 4/11/ EPA’s role is to approve state choices, GHGs) contain limits on GHG 2006); provided that they meet the criteria of emissions, based on the application of • IDAPA 58.01.01.202 Application the CAA. Accordingly, this proposed BACT, when sources emit or increase Procedures (State effective 4/11/2015); action merely approves state law as GHGs in the amount of 75,000 tons per • IDAPA 58.01.01.401 Tier II meeting federal requirements and does year (measured as carbon dioxide Operating Permit, except .01.a and .04, not impose additional requirements equivalent). (State effective 4/11/2006); Although the approved Idaho PSD beyond those imposed by state law. For • IDAPA 58.01.01.579 Baselines for permitting program may also currently that reason, this proposed action: Prevention of Significant Deterioration contain provisions that are no longer • Is not a ‘‘significant regulatory (State effective 4/11/2015); necessary in light of the Supreme Court action’’ subject to review by the Office • IDAPA 58.01.01.725 Rules for decision, this does not prevent the EPA of Management and Budget under Sulfur Content of Fuels (State effective from approving this SIP submission. Executive Orders 12866 (58 FR 51735, 4/11/2015); Idaho’s submission does not add any October 4, 1993) and 13563 (76 FR 3821, • IDAPA 58.01.01.790 Rules for the GHG permitting requirements that are January 21, 2011); Control of Nonmetallic Mineral inconsistent with the Supreme Court • does not impose an information Processing Plants (State effective 3/15/ decision. While Idaho’s submission collection burden under the provisions 2002); incorporates all of 40 CFR 52.21 for of the Paperwork Reduction Act (44 • IDAPA 58.01.01.791 General completeness, the submission U.S.C. 3501 et seq.); Control Requirements, (State effective 3/ • reincorporates PSD requirements for is certified as not having a 15/2002); significant economic impact on a GHGs already in the Idaho SIP. • IDAPA 58.01.01.793 Emissions substantial number of small entities IV. Proposed Action Standards for Nonmetallic Mineral under the Regulatory Flexibility Act (5 We propose to approve, and Processing Plants not Subject to 40 CFR U.S.C. 601 et seq.); incorporate by reference into the Idaho 60, Subpart OOO (State effective 3/15/ • does not contain any unfunded SIP, changes to the following provisions 2002); mandate or significantly or uniquely • submitted on May 21, 2015: IDAPA 58.01.01.794 Permit affect small governments, as described • IDAPA 58.01.01.006 General Requirements, except .04 (State effective in the Unfunded Mandates Reform Act Definitions, except .49, .50, .51, .66, .67, 4/11/2015); of 1995 (Public Law 104–4); .68.b, .114, and .116 (State effective 4/ • IDAPA 58.01.01.795 Permit by Rule • does not have Federalism 11/2014); Requirements (State effective 3/15/ implications as specified in Executive • IDAPA 58.01.01.011 Definitions for 2002); Order 13132 (64 FR 43255, August 10, the Purposes of Sections 790 through • IDAPA 58.01.01.796 Applicability 1999); 799 (State effective 3/15/2002); (State effective 3/15/2002); • is not an economically significant • IDAPA 58.01.01.107 Incorporations • IDAPA 58.01.01.797 Registration regulatory action based on health or by Reference, except .03.f through .n, for Permit by Rule (State effective 3/15/ safety risks subject to Executive Order and with respect to .a, the incorporation 2002); 13045 (62 FR 19885, April 23, 1997);
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• is not a significant regulatory action administrative and equipment changes withdraw the direct final rule and will subject to Executive Order 13211 (66 FR at the facility. The name of the facility address all public comments received in 28355, May 22, 2001); has changed to BAE Technology Center. a subsequent final rule based on this • is not subject to requirements of The revision will result in a significant proposed rule. EPA will not institute a Section 12(d) of the National decrease in SO2 emissions and will second comment period. Any parties Technology Transfer and Advancement support the continued attainment and interested in commenting on this action Act of 1995 (15 U.S.C. 272 note) because maintenance of the SO2 national should do so at this time. Please note it does not involve technical standards; ambient air quality standard in the Twin that if EPA receives adverse comment and Cities area. on an amendment, paragraph, or section • does not provide the EPA with the DATES: Comments must be received on of this rule, and if that provision can be discretionary authority to address, as or before July 11, 2016. severed from the remainder of the rule, appropriate, disproportionate human ADDRESSES: Submit your comments, EPA may adopt as final those provisions health or environmental effects, using identified by Docket ID No. EPA–R05– of the rule that are not the subject of an practicable and legally permissible OAR–2016–0136 at http:// adverse comment. For additional methods, under Executive Order 12898 www.regulations.gov or via email to information, see the direct final rule (59 FR 7629, February 16, 1994). [email protected]. For comments which is located in the Rules section of In addition, the SIP is not approved submitted at Regulations.gov, follow the this Federal Register. to apply on any Indian reservation land online instructions for submitting Dated: May 31, 2016. or in any other area where the EPA or comments. Once submitted, comments Robert A. Kaplan an Indian tribe has demonstrated that a cannot be edited or removed from Acting Regional Administrator, Region 5. tribe has jurisdiction. In those areas of Regulations.gov. For either manner of Indian country, the rule does not have submission, EPA may publish any [FR Doc. 2016–13603 Filed 6–8–16; 8:45 am] tribal implications as specified by comment received to its public docket. BILLING CODE 6560–50–P Executive Order 13175 (65 FR 67249, Do not submit electronically any November 9, 2000), nor will it impose information you consider to be substantial direct costs on tribal Confidential Business Information (CBI) DEPARTMENT OF HEALTH AND governments or preempt tribal law. or other information whose disclosure is HUMAN SERVICES restricted by statute. Multimedia List of Subjects in 40 CFR Part 52 submissions (audio, video, etc.) must be Centers for Medicare & Medicaid Environmental protection, Air accompanied by a written comment. Services pollution control, Incorporation by The written comment is considered the reference, Intergovernmental relations, official comment and should include 42 CFR Parts 405, 412, 413, and 485 Particulate matter, Reporting and discussion of all points you wish to [CMS–1655–CN] recordkeeping requirements, Sulfur make. EPA will generally not consider oxides. comments or comment contents located RIN 0938–AS77 Authority: 42 U.S.C. 7401 et seq. outside of the primary submission (i.e. on the web, cloud, or other file sharing Medicare Program; Hospital Inpatient Dated: May 26, 2016. system). For additional submission Prospective Payment Systems for Dennis J. McLerran, methods, please contact the person Acute Care Hospitals and the Long- Regional Administrator, Region 10. identified in the FOR FURTHER Term Care Hospital Prospective [FR Doc. 2016–13693 Filed 6–8–16; 8:45 am] INFORMATION CONTACT section. For the Payment System and Proposed Policy BILLING CODE 6560–50–P full EPA public comment policy, Changes and Fiscal Year 2017 Rates; information about CBI or multimedia Quality Reporting Requirements for submissions, and general guidance on Specific Providers; Graduate Medical ENVIRONMENTAL PROTECTION making effective comments, please visit Education; Hospital Notification AGENCY http://www2.epa.gov/dockets/ Procedures Applicable to Beneficiaries commenting-epa-dockets. Receiving Observation Services; and 40 CFR Part 52 Technical Changes Relating to Costs FOR FURTHER INFORMATION CONTACT: to Organizations and Medicare Cost [EPA–R05–OAR–2015–0136; FRL–9947–49– Charles Hatten, Environmental Reports; Correction Region 5] Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Air Plan Approval; Minnesota; Sulfur AGENCY: Centers for Medicare & Environmental Protection Agency, Dioxide Medicaid Services (CMS), HHS. Region 5, 77 West Jackson Boulevard, ACTION: Proposed rule; correction. AGENCY: Environmental Protection Chicago, Illinois 60604, (312) 886–6031, Agency (EPA). [email protected]. SUMMARY: This document corrects ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: In the technical and typographical errors in Final Rules section of this Federal the proposed rule that appeared in the SUMMARY: The Environmental Protection Register, EPA is approving Minnesota’s Federal Register on April 27, 2016 titled Agency (EPA) is proposing to approve a SO2 SIP submittal as a direct final rule ‘‘Medicare Program; Hospital Inpatient revision to the Minnesota sulfur dioxide without prior proposal because the Prospective Payment Systems for Acute (SO2) State Implementation Plan (SIP) Agency views this as a noncontroversial Care Hospitals and the Long-Term Care for ELT Minneapolis, LLC’s River Road submittal and anticipates no adverse Hospital Prospective Payment System Industrial Center located in Fridley, comments. A detailed rationale for the and Proposed Policy Changes and Fiscal Anoka County, Minnesota. The revision, approval is set forth in the direct final Year 2017 Rates; Quality Reporting submitted by the Minnesota Pollution rule. If EPA does not receive adverse Requirements for Specific Providers; Control Agency on February 24, 2016, comments in response to this rule, no Graduate Medical Education; Hospital updates information updates further activity is contemplated. If EPA Notification Procedures Applicable to information to reflect both receives adverse comments, EPA will Beneficiaries Receiving Observation
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Services; and Technical Changes B. Summary of Errors in the Addendum b. Third column, third footnote Relating to Costs to Organizations and On page 25307, in table titled (footnote 232), line 1, the phrase Medicare Cost Reports.’’ ‘‘Estimated Proportion of Hospitals in ‘‘National Quality Forum:’’ is corrected FOR FURTHER INFORMATION CONTACT: the Worst-Performing Quartile (75th to read ‘‘Agency for Healthcare Research Charles Padgett, (410) 786–2811. Percentile) of the Total HAC Score for and Quality:’’. SUPPLEMENTARY INFORMATION: the FY 2017 HAC Reduction Program’’, 6. On page 25247, first column, sixth we made technical errors in the entries paragraph, line 19, the phrase ‘‘Spring I. Background for the ‘‘By Teaching Status’’ hospital 2017’’ is corrected to read ‘‘Spring In FR Doc. 2016–09120 of April 27, characteristic. 2016’’. On page 25319, we made an 2016 (81 FR 24946), there were a 7. On page 25255, first column, first inadvertent technical and typographical number of technical errors that are partial paragraph, lines 7 through 14, identified and corrected in the errors in referencing several quality measure titles. the sentence ‘‘We refer readers to Correction of Errors section of this section VIII.C.9.d. of the preamble of correcting document. On pages 25322, we made an error in referencing the Long-Term Care this this proposed rule for further II. Summary of Errors Hospital Quality Reporting Program details on the proposed expansion of (LTCH QRP). data collection for this measures (NQF A. Summary of Errors in the Preamble #0680), including data collection On pages 24958, 24959, and 25255 we IV. Correction of Errors timeframes and associated submission made an inadvertent technical and In FR Doc. 2016–09120 of April 27, deadlines.’’ is corrected to read ‘‘We typographical errors in referencing 2016 (81 FR 24946), we are making the refer readers to section VIII.C.9.d. of the several quality measure titles. following corrections: preamble of this proposed rule for further details on the proposed On page 25121, we erroneously A. Corrections of Errors in the Preamble referenced the incorrect date for the end expansion of data collection for this of the FY 2019 Hospital-acquired 1. On page 24958, first column, last measure, Percent of Residents or condition (HAC) Reduction Program paragraph, line 11, the phrase ‘‘PAC Patients Who Were Assessed and performance period. LTCH QRP.’’ is corrected to read ‘‘LTCH Appropriately Given the Seasonal QRP.’’. On page 25173, we made an error in Influenza Vaccine (Short Stay) (NQF 2. On page 24959, third column, last referencing the Long-Term Care #0680), including data collection paragraph, line 8, the phrase ‘‘Issues- Hospital Quality Reporting Program timeframes and associated submission PAC’’ is corrected to read ‘‘Issues-PAC deadlines.’’. (LTCH QRP). LTCH QRP’’. On page 25223, we made an error in 3. On page 25121, third column, first B. Corrections of Errors in the specifying the units for the dollar full paragraph, line 18, the phrase Addendum amount in reference to expenditures. ‘‘September 30’’ is corrected to read We also inadvertently omitted full ‘‘June 30’’. 1. On page 25307, in the table titled reference to ‘‘Agency for Healthcare 4. On page 25173, third column, fifth ‘‘ESTIMATED PROPORTION OF Research and Quality: Prevention bulleted paragraph, lines 3 and 4, the HOSPITAL IN THE WORST- Quality Indicators Overview. 2008’’ in phrase ‘‘(LTCH QRP) (also referred to as PERFORMING QUARTILE (75TH the footnote. the LTCHQR Program);’’ is corrected to PERCENTILE) OF THE TOTAL HAC On page 25247, we erroneously read as ‘‘(LTCH QRP);’’. SCORE FOR THE FY 2017 HAC referenced incorrect year regarding the 5. On page 25223: REDUCTION PROGRAM,’’ the entries Spring version of the Clinical Quality a. Second column, first full paragraph, for the hospital characteristic ‘‘By Measure (CQM) electronic line 29, the figure ‘‘$4.3B’’ is corrected Teaching Status’’ are corrected to read specifications. as ‘‘$4.3 billion’’. as follows:
Number of Percent of hospitals in hospitals in Number of Hospital characteristic a the worst- the worst- hospitals performing performing quartile b quartile c
By Teaching Status: f Non-teaching ...... 2,189 398 18.2 Fewer than 100 residents ...... 777 230 29.6 100 or more residents ...... 245 136 55.5
2. On page 25319, first column, first Seasonal Influenza Vaccine (Short Stay) Dated: June 6, 2016. partial paragraph, line 13, the phrase (NQF #0680),’’. Madhura Valverde, ‘‘this measures (NQF #0680),’’ is 3. On 25322, second column, second Executive Secretary to the Department, corrected to read ‘‘this measure, Percent full paragraph, line 12, the phrase Department of Health and Human Services. of Residents or Patients Who Were ‘‘LTCHQR Program’’ is corrected to read [FR Doc. 2016–13685 Filed 6–6–16; 4:15 pm] Assessed and Appropriately Given the ‘‘LTCH QRP’’. BILLING CODE 4120–01–P
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Notices Federal Register Vol. 81, No. 111
Thursday, June 9, 2016
This section of the FEDERAL REGISTER Lincoln National Forest at (575) 434– Proposed Action contains documents other than rules or 7266 or [email protected]. proposed rules that are applicable to the The proposed action presents a forest- Individuals who use public. Notices of hearings and investigations, wide integrated weed management telecommunication devices for the deaf committee meetings, agency decisions and (IWM) strategy, for the prevention, (TDD) may call the Federal Information rulings, delegations of authority, filing of eradication, suppression, and reduction Relay Service (FIRS) at 1–800–877–8339 petitions and applications and agency of existing and future non-native statements of organization and functions are between 8 a.m. and 8 p.m., Eastern examples of documents appearing in this Time, Monday through Friday. invasive plant infestations. The IWM section. strategy is based on ecological factors SUPPLEMENTARY INFORMATION: and includes consideration of site Purpose and Need for Action conditions, other resource values, DEPARTMENT OF AGRICULTURE resource uses, NNIP characteristics, and Executive Order 13112, Forest Service potential effectiveness of control Forest Service Manual 2900, and Lincoln National measures for specific circumstances. Forest Land and Resource Management The proposed action includes a wide Lincoln National Forest; New Mexico; Plan (Forest Plan), provide direction range of treatment methods including Integrated Non-Native Invasive Plant related to the management of invasive options to use a combination of methods Management species. Executive Order 13112 directs on the same site. It also was developed AGENCY: Forest Service, USDA. Federal agencies to prevent and control invasive species and to minimize their to minimize the risk of adverse impacts ACTION: Notice of intent to prepare an economic, ecological, and human health through resource protection measures. environmental impact statement. impacts. The order provides for These resource protection measures are designed to minimize, avoid or mitigate SUMMARY: restoration of native species and habitat The Lincoln National Forest adverse effects which could occur as a will prepare an environmental impact conditions in ecosystems that have been result of implementing proposed NNIP statement to document and disclose invaded by non-native invasive species. treatments on the Forest. The resource projected effects of its management A non-native invasive plant species is protection measures are based on Forest strategy for treating non-native invasive defined as any terrestrial or aquatic Plan direction and policy, best available plants (NNIP) across the Forest. This plant species occurring outside its strategy utilizes several management natural range that is likely to cause science, and site-specific evaluations. tools, including registered herbicides, economic or environmental harm or Selection of the most appropriate biological treatments (biological harm to human health. If a native plant treatment practice, or combination of controls and controlled grazing), and species is deemed a noxious weed by treatments, depends on numerous manual and/or mechanical methods. the New Mexico Department of factors, including the size of the The strategy is adaptive, allowing for Agriculture or another agency because it infestation, risk of NNIP expansion, the treatment of new NNIP infestations is likely to cause economic or species biology, environmental setting, and use of new treatment options, environmental harm or harm to human potential impacts to other resources, including new herbicides. health, then the species would also be and management objectives. Treatment DATES: Comments concerning the scope considered for treatment under this practices available for use would of the analysis must be received by July analysis and decision. include manual, mechanical, biological, 11, 2016. The draft environmental The overall purpose of this project is and chemical treatments. Chemical impact statement is expected February to implement a management strategy treatments include hand/selective and 2017 and the final environmental that uses an integrated selection of broadcast herbicide applications impact statement is expected August techniques designed to prevent the (including aerial application). Aerial 2017. introduction of and control the spread herbicide application by helicopter could be used in selected locations of ADDRESSES: Send written comments to of non-native invasive plants (NNIP). A the Aurora Roemmich, Integrated Non- second purpose is to ensure that the the Forest including designated Native Invasive Plant Management strategy is adaptive, allowing for the wilderness areas. Aerial application Project, Lincoln National Forest, 3462 treatment of new NNIP infestations and provides a means to effectively treat La Palomas Road, Alamogordo, NM use of new treatment options, including infestations in isolated areas rapidly and 88310. Comments may also be sent via new herbicides, because future NNIP efficiently, dramatically reducing the email to http://www.fs.usda.gov/project/ management needs may be different. As threat of further establishment or ?project=31150, or via facsimile to (575) such, there are underlying needs to: expansion. 434–7218. For email comments, go to 1. Utilize the most effective and The project also includes an adaptive the right-hand side ‘‘Get Connected’’, economical strategies to treat NNIP management strategy to determine click ‘‘Comment on Project’’ to submit while protecting valued resources to the treatment of identified and future NNIP comments on this project. greatest practical extent; and, infestations. This adaptive management FOR FURTHER INFORMATION CONTACT: 2. Adapt management techniques to strategy consists of two principle Jennie O’Connor Card, Interdisciplinary accommodate new NNIP infestations components: The ability to effectively Team Leader at (406) 522–2537 or by and treatment options, including new treat new infestations as they are email at [email protected] or herbicides, within the scope of this detected; and, the ability to incorporate Aurora Roemmich, Forest Botanist, analysis and resulting decision. new technology as it becomes available.
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Forest Plan Amendment and is subject to the objection process protections under title IX of the This project would require an described in 36 CFR 218 Subparts A and Education Amendments of 1972 amendment to the Lincoln National B. As such, individuals and C. State Advisory Committees • Forest Land and Resource Management organizations wishing to be eligible to Status of State Advisory Plan (Forest Plan). The project proposes file a predecisional objection must meet Committees by the Chief of the use of herbicides in places and under the information requirements in 36 CFR Regional Programs Unit • conditions that were not foreseen when 218.25(a)(3). Names and contact Vote on Administrative Instruction the existing Forest Plan standards and information submitted with comments (5–9) governing the appointments of guidelines were developed in 1986. To will become part of the public record State Advisory Committee members • meet the purpose and need for this and may be released under the Freedom Appointment of members to project, it may be necessary to apply of Information Act. Comments Advisory Committees • herbicide treatments to areas infested submitted anonymously will be Nevada with non-native invasive plant species. accepted and considered, however. • Delaware This amendment would change • Vermont Dated: June 3, 2016. • forestwide standards and guidelines Barry L. Imler, New York • Connecticut applicable to all areas for wildlife (pages Acting Forest Supervisor. 31–34), grazing management (page 35 • Minnesota and replacement page 35B), soil and [FR Doc. 2016–13669 Filed 6–8–16; 8:45 am] • Presentation by the Chair of the water (pages 40–41), fire and protection BILLING CODE 3411–15–P Illinois Advisory Committee on (replacement page 55), all species (pages Environmental Justice 205–206), Mexican spotted owl a. Management and Operations (replacement page 206A), peregrine COMMISSION ON CIVIL RIGHTS • Staff Director’s Report falcon (page 207), and northern goshawk b. Status of USCCR Web site Sunshine Act Meeting Notice (replacement page 208A and 208E). The Transition amendment also would change AGENCY: United States Commission on D. Other standards and guidelines related to Civil Rights. II. Adjourn Meeting protection in management area 1C ACTION: Notice of Commission Business Dated: June 7, 2016. Capitan Mountains Wilderness Meeting. David Mussatt, (replacement page 62), management area 1F White Mountain Wilderness Regional Programs Unit Chief, U.S. DATES: Friday, June 17, 2016, at 12:30 Commission on Civil Rights. (replacement page 70), management area p.m. EST. [FR Doc. 2016–13802 Filed 6–7–16; 4:15 pm] 1H RNA William G. Telfer Research ADDRESSES : Place: National Place BILLING CODE 6335–01–P Natural Area (page 77), and Building, 1331 Pennsylvania Ave. NW., management area 3A RNA Upper 11th Floor, Suite 1150, Washington, DC McKittrick RNA (page 115). If adopted, 20245 (Entrance on F Street NW.). this would be the eigthtennth DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: amendment to the Forest Plan since its Gerson Gomez, Media Advisor at inception in 1986. Submission for OMB Review; telephone: (202) 376–8371 or email: Comment Request; Trade Adjustment Responsible Official [email protected]. Assistance for Firms Program; Form The Responsible Official for this SUPPLEMENTARY INFORMATION: This ED–840P Petition by a Firm for project is the Lincoln National Forest, business meeting is open to the public. Certification of Eligibility To Apply for Forest Supervisor. If you would like to listen to the Trade Adjustment Assistance for Firms business meeting, please contact the Nature of Decision To Be Made The Department of Commerce will above for the call-in information. submit to the Office of Management and The Responsible Official will decide Persons with hearing impairments, Budget (OMB) for clearance the whether to adopt and implement the please contact the above for how to following proposal for collection of proposed action, an alternative to the access the Federal Relay Service for the information under the provisions of the proposed action, or take no action. The meeting. Responsible Official also will decide Hearing-impaired persons who will Paperwork Reduction Act (44 U.S.C. whether or not to amend the Forest attend the briefing and require the Chapter 35). Plan. services of a sign language interpreter Agency: Economic Development Administration (EDA). Scoping Process should contact Pamela Dunston at (202) 376–8105 or at [email protected] Title: Form ED–840P Petition by a This notice of intent initiates the at least seven business days before the Firm for Certification of Eligibility to scoping process, which guides the scheduled date of the meeting. Apply for Trade Adjustment Assistance development of the environmental for Firms. impact statement. It is important that Meeting Agenda OMB Control Number: 0610–0091. reviewers provide their comments at I. Business Meeting Form Number(s): ED–840P. such times and in such a manner that A. Approval of Agenda Type of Request: Regular submission. they are useful to the agency’s B. Program Planning Number of Respondents: 800 (500 preparation of the environmental impact • Discussion of proposed Concept petitions for certification and 300 statement. Therefore, comments should Papers for 2017 Statutory adjustment proposals). be provided prior to the close of the Enforcement Report Average Hours per Response: 128.2 comment period and should clearly • Discussion and vote on Commission hours (8.2 for petitions for certification articulate the reviewer’s concerns and Letter regarding guidance issued by and 120 for adjustment proposals). contentions. the Department of Education’s Burden Hours: 40,100 (4,100 for This proposed project is an activity Office for Civil Rights on petitions for certification and 36,000 for implementing a land management plan transgender students and their adjustment proposals).
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Needs and Uses: The information FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE contained in Form ED–840P is Requests for additional information or necessary for EDA to evaluate whether copies of the information collection Bureau of Industry and Security proposed projects satisfy eligibility and instrument and instructions should be programmatic requirements contained directed to Mark Crace, BIS ICB Liaison, Proposed Information Collection; in chapters 3 and 5 of title II of the (202) 482–8093, Mark.Crace@ Comment Request; International Trade Act of 1974, as amended (U.S.C. bis.doc.gov. Import Certificate 2341 et seq.) and the Trade Adjustment SUPPLEMENTARY INFORMATION: AGENCY: Bureau of Industry and Assistance Extension Act of 2011 (Pub. Security, Department of Commerce. L. 112–40) which reauthorized the I. Abstract ACTION: Notice. program. Foreign governments, on occasions, Affected Public: Businesses or other require U.S. importers of strategic SUMMARY: The Department of for-profit organizations. commodities to furnish their foreign Commerce, as part of its continuing Frequency: On occasion. supplier with a U.S. Delivery effort to reduce paperwork and Respondent’s Obligation: Mandatory. Verification Certificate validating that respondent burden, invites the general The Federal Register notice that the commodities shipped to the U.S. public and other Federal agencies to solicited public comment on the were in fact received. This procedure take this opportunity to comment on information collection for a period of 60 increases the effectiveness of controls proposed and/or continuing information days was published on March 17, 2016. on the international trade of strategic collections, as required by the This information collection request commodities. Paperwork Reduction Act of 1995. may be viewed at www.reginfo.gov. II. Method of Collection DATES: Written comments must be Follow the instructions to view the submitted on or before August 8, 2016. Department of Commerce collections Submitted electronically or on paper. ADDRESSES: Direct all written comments currently under review by OMB. III. Data Written comments and to Jennifer Jessup, Departmental OMB Control Number: 0694–0016. Paperwork Clearance Officer, recommendations for the proposed Form Number(s): BIS–647P. information collection should be sent Department of Commerce, Room 6616, Type of Review: Regular submission. 14th and Constitution Avenue NW., within 30 days of publication of this Affected Public: Business or other for- notice to OIRA Submission@ Washington, DC 20230 (or via the profit organizations. Internet at [email protected]). omb.eop.gov or fax to (202) 975–5806. Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: Dated: June 6, 2016. 20. Requests for additional information or Glenna Mickelson, Estimated Time per Response: 30 minutes. copies of the information collection Management Analyst, Office of the Chief Estimated Total Annual Burden instrument and instructions should be Information Officer. Hours: 11.4 hours. directed to Mark Crace, BIS ICB Liaison, [FR Doc. 2016–13666 Filed 6–8–16; 8:45 am] Estimated Total Annual Cost to (202) 482–8093, Mark.Crace@ BILLING CODE P Public: $342.00 bis.doc.gov. IV. Request for Comments SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Comments are invited on: (a) Whether I. Abstract the proposed collection of information The United States and several other Bureau of Industry and Security is necessary for the proper performance countries have increased the of the functions of the agency, including Proposed Information Collection; effectiveness of their respective controls whether the information shall have Comment Request; Delivery over international trade in strategic practical utility; (b) the accuracy of the Verification Procedure for Imports commodities by means of an Import agency’s estimate of the burden Certificate procedure. For the U.S. AGENCY: Bureau of Industry and (including hours and cost) of the importer, this procedure provides that, Security. proposed collection of information; (c) where required by the exporting ways to enhance the quality, utility, and ACTION: Notice. country, the importer submits an clarity of the information to be international import certificate to the SUMMARY: The Department of collected; and (d) ways to minimize the U.S. Government to certify that he/she Commerce, as part of its continuing burden of the collection of information will import commodities into the effort to reduce paperwork and on respondents, including through the United States and will not reexport such respondent burden, invites the general use of automated collection techniques commodities, except in accordance with public and other Federal agencies to or other forms of information the export control regulations of the take this opportunity to comment on technology. United States. The U.S. Government, in proposed and/or continuing information Comments submitted in response to turn, certifies that such representations collections, as required by the this notice will be summarized and/or have been made. Paperwork Reduction Act of 1995. included in the request for OMB DATES: Written comments must be approval of this information collection; II. Method of Collection they also will become a matter of public submitted on or before August 8, 2016. Submitted electronically or on paper. record. ADDRESSES: Direct all written comments III. Data to Jennifer Jessup, Departmental Dated: June 3, 2016. Paperwork Clearance Officer, Glenna Mickelson, OMB Control Number: 0694–0017. Department of Commerce, Room 6616, Management Analyst, Office of the Chief Form Number(s): BIS–645P. 14th and Constitution Avenue NW., Information Officer. Type of Review: Regular submission. Washington, DC 20230 (or via the [FR Doc. 2016–13607 Filed 6–8–16; 8:45 am] Affected Public: Business or other for- Internet at [email protected]). BILLING CODE 3510–33–P profit organizations.
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Estimated Number of Respondents: Countervailing Duty Measures on and Input Specificity; 4 and (4) Benefit 250. Certain Products from China, WT/ (Market Distortion).5 Estimated Time per Response: 15 DS437 (December 18, 2014) (DS437). The Department invited interested minutes. See Attachment for a listing of the 15 parties to comment on each of the Estimated Total Annual Burden CVD investigations at issue in DS437. section 129 preliminary Hours: 67.2. The Department issued its final determinations.6 After receiving Estimated Total Annual Cost to determinations in these section 129 comments and rebuttal comments from Public: $2,016. proceedings on March 31, 2016, April the interested parties, the Department IV. Request for Comments 26, 2016, and May 19, 2016. The issued final determinations on March Department is now implementing these 31, 2016,7 April 26, 2016,8 and May 19, Comments are invited on: (a) Whether 9 final determinations. 2016. the proposed collection of information is necessary for the proper performance DATES: The effective date for the 4 See Memorandum to Paul Piquado, Assistant of the functions of the agency, including determination covering the Group One Secretary for Enforcement and Compliance, whether the information shall have Investigations and the Wire Strand ‘‘Preliminary Determination of Public Bodies and Input Specificity,’’ (February 25, 2016); see also practical utility; (b) the accuracy of the investigation with respect to the public Memorandum to Paul Piquado, Assistant Secretary agency’s estimate of the burden body and input specificity analyses is for Enforcement and Compliance, ‘‘Input (including hours and cost) of the April 1, 2016, and the effective date for Specificity: Preliminary Analysis of the proposed collection of information; (c) the determinations covering the Group Diversification of Economic Activities and Length ways to enhance the quality, utility, and of Time,’’ (December 31, 2015). Two Investigations and Wire Strand 5 See Memorandum to Paul Piquado, Assistant clarity of the information to be with respect to the land specificity Secretary for Enforcement and Compliance, collected; and (d) ways to minimize the analysis is May 26, 2016. ‘‘Benefit (Market Distortion) Memorandum,’’ burden of the collection of information (March 7, 2016); see also Memorandum to Brendan on respondents, including through the FOR FURTHER INFORMATION CONTACT: Eric Quinn, Acting Director, AD/CVD Operations, Office B. Greynolds or Kristen Johnson, AD/ III, ‘‘Supporting Memorandum to Preliminary use of automated collection techniques Benefit (Market Distortion) Memorandum,’’ (March or other forms of information CVD Operations, Office III, Enforcement 7, 2016). technology. and Compliance, International Trade 6 See Department Memorandum to the File, Comments submitted in response to Administration, U.S. Department of ‘‘Section 129 Proceedings: United States— Commerce, 14th Street and Constitution Countervailing Duty Measures on Certain Products this notice will be summarized and/or from the People’s Republic of China (WTO/DS437): included in the request for OMB Avenue NW., Washington, DC 20230; Schedule for rebuttal factual information, written approval of this information collection; telephone: (202) 482–6071 or (202) 482– argument, and a hearing,’’ (March 11, 2016). they also will become a matter of public 4793, respectively. 7 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, record. SUPPLEMENTARY INFORMATION: ‘‘Section 129 Proceedings: United States— Dated: June 3, 2016. Countervailing Duty Measures on Certain Products Background from the People’s Republic of China (WTO DS437): Glenna Mickelson, Final Determination of Public Bodies and Input Management Analyst, Office of the Chief On April 27, 2015, the Department Specificity,’’ (March 31, 2016); Memorandum to Information Officer. informed interested parties that it was Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Section 129 Proceedings: United [FR Doc. 2016–13608 Filed 6–8–16; 8:45 am] initiating proceedings under section 129 States—Countervailing Duty Measures on Certain BILLING CODE 3510–33–P of the URAA to implement the Products from the People’s Republic of China (WTO recommendations and rulings of the DS437): No Comment Final Determinations,’’ WTO Dispute Settlement Body (DSB) in (March 31, 2016); and Memorandum to Paul Piquado, Assistant Secretary for Enforcement and DEPARTMENT OF COMMERCE 1 DS437. Given the number of CVD Compliance, ‘‘Section 129 Proceedings: United investigations and complexity of the States—Countervailing Duty Measures on Certain International Trade Administration issues involved in this dispute, the Products from the People’s Republic of China (WTO [C–570–921; C–570–931; C–570–936; C– DS437): Final Determination for Countervailing Department addressed each of the issues Duty Investigation on Drill Pipe from the People’s 570–938; C–570–940; C–570–942; C–570– and conclusions of the panel and Republic of China,’’ (March 31, 2016). 944; C–570–946; C–570–955; C–570–957; C– Appellate Body in DS437 through 8 See Memorandum to Paul Piquado, Assistant 570–959; C–570–966; C–570–968; C–570– separate preliminary determination Secretary for Enforcement and Compliance, 978; C–570–980] memoranda. Specifically, the ‘‘Section 129 Proceedings: United States— Countervailing Duty (CVD) Measures on Certain Implementation of Determinations Department issued preliminary Products from the People’s Republic of China (WTO Pursuant to Section 129 of the determinations regarding: (1) Export DS437): Final Determination on the Initiation of Restraints; 2 (2) Land; 3 (3) Public Bodies Allegations of Export Restraints in Magnesia Uruguay Round Agreements Act Bricks,’’ (April 26, 2016) (Final Determination for AGENCY: Enforcement and Compliance, Export Restraints); see also Memorandum to Paul 1 See Notice of Commencement of Compliance Piquado, Assistant Secretary for Enforcement and International Trade Administration, Proceedings Pursuant to Section 129 of the Uruguay Compliance, ‘‘Section 129 Proceedings: United Department of Commerce. Round Agreements Act, 80 FR 23254 (April 27, States—Countervailing Duty (CVD) Measures on SUMMARY: On April 1, 2016 and May 26, 2015). Certain Products from the People’s Republic of 2 See Memorandum to Paul Piquado, Assistant China (WTO DS437): Final Determination for 2016, the U.S. Trade Representative Secretary for Enforcement and Compliance, Certain Seamless Carbon Alloy Steel Standard, (USTR) directed the Department of ‘‘Section 129 Proceeding: United States— Line, and Pressure Pipe from the People’s Republic Commerce (the Department) to Countervailing Duty Measures on Certain Products of China (Seamless Pipe from the PRC),’’ (April 26, implement its determinations under from the People’s Republic of China (WTO/DS437): 2016) (Final Determination for Seamless Pipe). Preliminary Determination Regarding Export 9 See Memorandum to Paul Piquado, Assistant section 129 of the Uruguay Round Restraints,’’ (February 23, 2016). Secretary for Enforcement and Compliance, Agreements Act (URAA), regarding 15 3 See Memorandum to Paul Piquado, Assistant ‘‘Section 129 Proceedings: United States— countervailing duty (CVD) Secretary for Enforcement and Compliance, Countervailing Duty Measures on Certain Products investigations, which render them not ‘‘Section 129 Proceeding: United States— from the People’s Republic of China (WTO DS437): Countervailing Duty Measures on Certain Products Final Determination for Pressure Pipe, Line Pipe, inconsistent with the World Trade from the People’s Republic of China (WTO/DS437): OCTG, Wire Strand, and Solar Panels,’’ (May 19, Organization (WTO) dispute settlement Preliminary Determination Regarding Land 2016) (Final Determination for Pressure Pipe, Line findings in United States— Specificity,’’ (February 24, 2016). Pipe, OCTG, Wire Strand, and Solar Panels).
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On April 1, 2016, USTR notified the upon a written request from USTR, the Pipe, Line Pipe, OCTG, and Solar Department that, consistent with section Department shall issue a determination Panels). Separately, the Department 129(b)(3) of the URAA, consultations that would render its actions not issued a memorandum regarding Drill with the Department and the inconsistent with an adverse finding of Pipe, concluding that because the order appropriate congressional committees a WTO panel or the Appellate Body.10 for Drill Pipe had been revoked with respect to the March 31, 2016, The Statement of Administrative pursuant to a final and conclusive determinations, had been completed Action, U.R.A.A., H. Doc. 316, Vol. 1, decision from the U.S. Court of Appeals and USTR directed the Department to 103d Cong. (1994) (SAA), variously for the Federal Circuit, there is no implement those determinations in refers to such a determination by the longer a need for the Department to accordance with section 129(b)(4) of the Department as a ‘‘new,’’ ‘‘second,’’ and issue a determination in connection URAA. As explained below, those ‘‘different’’ determination.11 After with this proceeding to render it not determinations applied to Lawn consulting with the Department and the inconsistent with the findings in WTO Groomers, Kitchen Shelving, Steel appropriate congressional committees, DS437.15 The final determinations are Cylinders, Print Graphics, Aluminum USTR may direct the Department to public documents and are on file Extrusions, Thermal Paper, and Citric implement, in whole or in part, the new electronically via Enforcement and Acid (‘‘Group One Investigations’’), as determination made under section 129 Compliance’s Antidumping and well as Wire Strand with respect to the of the URAA.12 Pursuant to section Countervailing Duty Centralized Department’s public body and input 129(c) of the URAA, the new Electronic Service System (ACCESS). specificity analyses. determination shall apply with respect ACCESS is available to registered users On May 26, 2016, USTR notified the to unliquidated entries of the subject at http://access.trade.gov and is Department that, consistent with section merchandise that are entered or available to all parties in the Central 129(b)(3) of the URAA, consultations withdrawn from warehouse, for Records Unit, Room B8024 of the main with the Department and the consumption, on or after the date on Department of Commerce building. In appropriate congressional committees which USTR directs the Department to addition, complete versions of the final with respect to the April 26, 2016, and implement the new determination.13 determinations can be accessed directly May 19, 2016, determinations had been The new determination is subject to on the Internet at http:// completed and USTR directed the judicial review, separate and apart from enforcement.trade.gov/frn/index.html. Department to implement those judicial review of the Department’s The signed versions of the final determinations in accordance with original determination.14 determinations and the electronic section 129(b)(4) of the URAA. Those versions of the final determinations are determinations apply to Pressure Pipe, Final Determinations: Analysis of identical in content. Line Pipe, OCTG, Solar Panels, Comments Received Seamless Pipe, and Magnesia Bricks Final Determinations: Recalculated (‘‘Group Two Investigations’’) and Wire The issues raised in the comments Countervailing Duty Rates Strand with respect to the Department’s and rebuttal comments submitted by land specificity analysis. Also on May interested parties to these proceedings The recalculated CVD rates, as 26, 2016, in accordance with section are addressed in the respective final included in the final determinations and 129(b)(4) of the URAA, USTR directed determinations. The issues included in which remain unchanged from the the Department to implement those the respective final determinations are preliminary determinations for each determinations as well. as follows: (1) Export Restraints company, are listed below. As (Magnesia Bricks and Seamless Pipe); indicated, we made changes to the net Nature of the Proceedings (2) Land (Thermal Paper, Line Pipe, subsidy rates in certain proceedings Section 129 of the URAA governs the Citric Acid, OCTG, Wire Strand, and (i.e., Line Pipe, OCTG, Magnesia Bricks, nature and effect of determinations Seamless Pipe); (3) Public Bodies and and Seamless Pipe).16 As noted above, issued by the Department to implement Input Specificity (Pressure Pipe, Line the CVD order for Drill Pipe including findings by WTO dispute settlement Pipe, Lawn Groomers, Kitchen Shelving, the corresponding CVD rates have been panels and the Appellate Body. OCTG, Wire Strand, Seamless Pipe, revoked independently from this Specifically, section 129(b)(2) of the Print Graphics, Aluminum Extrusions, Section 129 proceeding.17 The net URAA provides that ‘‘notwithstanding Steel Cylinders, and Solar Panels); and subsidy rates for the remaining CVD any provision of the Tariff Act of 1930,’’ (4) Benefit (Market Distortion) (Pressure proceedings in DS437 are unchanged.
CVD rate Revised CVD Exporter/producer (investigation) rate
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Line Pipe
Huludao Seven-Star Steel Pipe Group Co., Ltd. (Huludao Seven Star Group), Huludao Steel Pipe Industrial Co. Ltd. (Huludao Steel Pipe), and Huludao Bohai Oil Pipe Industrial Co. Ltd. (Huludao Bohai Oil Pipe) (col- lectively, the Huludao Companies) ...... 33.43 32.65 Liaoning Northern Steel Pipe Co., Ltd. (Northern Steel) ...... 40.05 40.05
10 See 19 U.S.C. 3538(b)(2). Countervailing Duty Measures on Certain Products Duty Orders Pursuant to Court Decision, and 11 See SAA at 1025, 1027. from the People’s Republic of China (WTO/DS437): Discontinuation of Countervailing Duty 12 See 19 U.S.C. 3538(b)(4). Final Determination for Countervailing Duty Administrative Review, 79 FR 78037 (December 29, Investigation on Drill Pipe from the People’s 2014) (Drill Pipe Revocation). 13 See 19 U.S.C. 3538(c). Republic of China,’’ (March 31, 2016); see also Drill 16 See Final Determination for Export Restraints, 14 See 19 U.S.C. 1516(a)(2)(B)(vii). Pipe from the People’s Republic of China: Notice of Final Determination for Seamless Pipe, and Final 15 See Memorandum to Paul Piquado, Assistant Court Decision Not in Harmony With International Determination for Pressure Pipe, Line Pipe, OCTG, Secretary for Enforcement and Compliance, Trade Commission’s Injury Determination, Wire Strand, and Solar Panels. ‘‘Section 129 Proceeding: United States— Revocation of Antidumping and Countervailing 17 See Drill Pipe Revocation.
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CVD rate Revised CVD Exporter/producer (investigation) rate
All Others ...... 36.74 36.35
Amended Countervailable Subsidy Rates Ad Valorem (Percent): OCTG
Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (col- lectively, TPCO) ...... 10.49 7.71 Jiangsu Changbao Steel Tube Co. and Jiangsu Changbao Precision Steel Tube Co., Ltd. (collectively, Changbao) ...... 12.46 12.46 Wuxi Seamless Pipe Co, Ltd., Jiangsu Fanli Steel Pipe Co, Ltd., Tuoketuo County Mengfeng Special Steel Co., Ltd. (collectively, Wuxi) ...... 14.95 14.95 Zhejiang Jianli Enterprise Co., Ltd., Zhejiang Jianli Steel Tube Co., Ltd., Zhuji Jiansheng Machinery Co., Ltd., and Zhejiang Jianli Industry Group Co., Ltd. (collectively, Zhejiang Jinali) ...... 15.78 15.78 All Others ...... 13.41 12.26
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Magnesia Bricks
RHI Refractories Liaoning Co., Ltd., RHI Refractories (Dalian) Co., Ltd., and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI) ...... 24.24 3.00 Liaoning Mayerton Refractories and Dalian Mayerton Refractories Co. Ltd. (collectively, Mayerton) ...... 253.87 232.63 All Others ...... 24.24 3.00
Amended Countervailable Subsidy Rates Ad Valorem (Percent): Seamless Pipe
Tianjin Pipe (Group) Co., Tianjin Pipe Iron Manufacturing Co., Ltd., Tianguan Yuantong Pipe Product Co., Ltd., Tianjin Pipe International Economic and Trading Co., Ltd., and TPCO Charging Development Co., Ltd. (col- lectively, TPCO) ...... 13.66 8.24 Hengyang Steel Tube Group Int’l Trading, Inc., Hengyang Valin Steel Tube Co., Ltd., Hengyang Valin MPM Tube Co., Ltd., Xigang Seamless Steel Tube Co., Ltd., Wuxi Seamless Special Pipe Co., Ltd., Wuxi Re- sources Steel Making Co., Ltd., Jiangsu Xigang Group Co., Ltd., Hunan Valin Xiangtan Iron & Steel Co., Ltd., Wuxi Sifang Steel Tube Co., Ltd., Hunan Valin Steel Co., Ltd., Hunan Valin Iron & Steel Group Co., Ltd. (collectively, Hengyang) ...... 56.67 49.56 All Others ...... 35.17 28.90
Implementation of the Revised Cash entries of subject merchandise, entered deposit rates in these two proceedings Deposit Requirements or withdrawn from warehouse, for applicable as of May 26, 2016. As noted As noted above, on April 1, 2016 and consumption, on or after April 1, 2016, above, the order on Drill Pipe and May 26, 2016, in accordance with and May 26, 2016, respectively unless corresponding cash deposits sections 129(b)(4) and 129(c)(1)(B) of the the applicable cash deposit rates have instructions have been revoked been superseded by intervening independently from these Section 129 URAA, USTR directed the Department 18 to implement these final segments or revised based on a proceedings. This notice of determinations. With respect to all of redetermination of the investigation as a implementation of these section 129 the investigations except for Magnesia result of domestic litigation. For final determinations is published in Bricks and Seamless Pipe, the Magnesia Bricks and Seamless Pipe, the accordance with section 129(c)(2)(A) of Department will instruct U.S. Customs Department’s determinations are that the URAA. and Border Protection to require a cash there are insufficient bases on which to Dated: June 3, 2016. deposit for estimated countervailing initiate investigations into the export Paul Piquado, duties at the appropriate rate for each restraint programs. As a result, the Assistant Secretary for Enforcement and exporter/producer specified above, for Department intends to reduce all cash Compliance.
ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437
Case No. Case short cite Final determination and order
C–570–921 ...... Thermal Paper ...... Lightweight Thermal Paper from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 57323 (October 2, 2008) (Thermal Paper), and accompanying Deci- sion Memorandum (Thermal Paper Decision Memorandum). Lightweight Thermal Paper from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Deter- mination and Notice of Countervailing Duty Order, 72 FR 70958 (November 24, 2008). C–570–931 ...... Pressure Pipe ...... Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Final Af- firmative Countervailing Duty Determination, 74 FR 4936 (January 28, 2009) (Pressure Pipe), and accompanying Decision Memorandum (Pressure Pipe Decision Memorandum). Circular Welded Austenitic Stainless Pressure Pipe from the People’s Republic of China: Countervailing Duty Order, 74 FR 11712 (March 19, 2009).
18 See Drill Pipe Revocation.
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ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437—Continued
Case No. Case short cite Final determination and order
C–570–936 ...... Line Pipe ...... Circular Welded Carbon Quality Steel Line Pipe from the People’s Republic of China: Final Affirm- ative Countervailing Duty Determination, 73 FR 70961 (November 24, 2008) (Line Pipe), and accompanying Decision Memorandum (Line Pipe Decision Memorandum). Circular Welded Car- bon Quality Steel Line Pipe from the People’s Republic of China: Notice of Amended Final Af- firmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 74 FR 4136 (January 23, 2009). C–570–938 ...... Citric Acid ...... Citric Acid and Certain Citrate Salts from People’s Republic of China: Final Affirmative Counter- vailing Duty Determination, 74 FR 16836 (April 13, 2009) (Citric Acid), and accompanying Deci- sion Memorandum (Citric Acid Decision Memorandum). Citric Acid and Certain Citrate Salts from the People’s Republic of China: Notice of Countervailing Duty Order, 74 FR 25705 (May 29, 2009). C–570–940 ...... Lawn Groomers ...... Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 29180 (June 19, 2009) (Lawn Groomers), and accompanying Decision Memorandum (Lawn Groomers Decision Memo- randum). Certain Tow-Behind Lawn Groomers and Certain Parts Thereof from the People’s Re- public of China: Countervailing Duty Order, 74 FR 38399 (August 3, 2009). C–570–942 ...... Kitchen Shelving ...... Certain Kitchen Shelving and Racks from the People’s Republic of China: Final Affirmative Coun- tervailing Duty Determination, 74 FR 37012 (July 27, 2009) (Kitchen Shelving), and accom- panying Decision Memorandum (Kitchen Shelving Decision Memorandum). Certain Kitchen Shelving and Racks from the People’s Republic of China: Countervailing Duty Order, 74 FR 46973 (September 14, 2009). C–570–944 ...... OCTG ...... Certain Oil Country Tubular Goods from the People’s Republic of China: Final Affirmative Counter- vailing Duty Determination, Final Negative Critical Circumstances Determination, 74 FR 64045 (December 7, 2009) (OCTG), and accompanying Decision Memorandum (OCTG Decision Memorandum). Certain Oil Country Tubular Goods from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 3203 (January 20, 2010). C–570–946 ...... Wire Strand ...... Pre-Stressed Concrete Steel Wire Strand from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 28557 (May 21, 2010) (Wire Strand), and accom- panying Decision Memorandum (Wire Strand Decision Memorandum). Pre-Stressed Concrete Steel Wire Strand from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 75 FR 38977 (July 7, 2010). C–570–955 ...... Magnesia Bricks ...... Certain Magnesia Carbon Bricks from the People’s Republic of China: Final Affirmative Counter- vailing Duty Determination, 75 FR 45472 (August 2, 2010) (Magnesia Bricks), and accom- panying Decision Memorandum (Magnesia Bricks Decision Memorandum). Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010). C–570–957 ...... Seamless Pipe ...... Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination, 75 FR 57444 (September 21, 2010) (Seamless Pipe), and ac- companying Decision Memorandum (Seamless Pipe Decision Memorandum). Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 69050 (November 10, 2010). C–570–959 ...... Print Graphics ...... Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 75 FR 59212 (September 27, 2010) (Print Graphics), and accompanying Decision Memorandum (Print Graph- ics Decision Memorandum). Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 70201 (November 17, 2010). C–570–966 ...... Drill Pipe ...... Drill Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determina- tion, Final Affirmative Critical Circumstances Determination, 76 FR 1971 (January 11, 2011) (Drill Pipe), and accompanying Decision Memorandum (Drill Pipe Decision Memorandum). Drill Pipe from the People’s Republic of China: Countervailing Duty Order, 76 FR 11758 (March 3, 2011). (Note: The CVD order on drill pipe was revoked. However, the litigation is not yet final and complete. Drill Pipe from the People’s Republic of China: Notice of Court Decision Not in Harmony With International Trade Commission’s Injury Determination, Revocation of Anti- dumping and Countervailing Duty Orders Pursuant to Court Decision, and Discontinuation of Countervailing Duty Administrative Review, 79 FR 78037 (December 29, 2014)). C–570–968 ...... Aluminum Extrusions .... Aluminum Extrusions from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 76 FR 18521 (April 4, 2011) (Aluminum Extrusions), and accompanying Decision Memorandum (Aluminum Extrusions Decision Memorandum). Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011). C–570–978 ...... Steel Cylinders ...... High Pressure Steel Cylinders from the People’s Republic of China: Final Affirmative Counter- vailing Duty Determination, 77 FR 26738 (May 7, 2012) (Steel Cylinders), and accompanying Decision Memorandum (Steel Cylinders Decision Memorandum). High Pressure Steel Cylinders from the People’s Republic of China: Countervailing Duty Order, 77 FR 37384 (June 21, 2012).
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ATTACHMENT: CVD INVESTIGATIONS EXAMINED IN THE SECTION 129 PROCEEDINGS FOR WTO DS437—Continued
Case No. Case short cite Final determination and order
C–570–980 ...... Solar Panels ...... Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Crit- ical Circumstances Determination, 77 FR 63788 (October 17, 2012) (Solar Panels), and accom- panying Decision Memorandum (Solar Panels Decision Memorandum). Crystalline Silicon Pho- tovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012).
[FR Doc. 2016–13691 Filed 6–8–16; 8:45 am] viewing on www.regulations.gov Summary of Application BILLING CODE 3510–DS–P without change. All personal identifying NMFS received an application information (e.g. name, address, etc.), requesting authorization for four confidential business information, or Canadian transport vessels to receive DEPARTMENT OF COMMERCE otherwise sensitive information transfers of herring from United States submitted voluntarily by the sender will purse seine vessels, stop seines, and National Oceanic and Atmospheric be publicly accessible. NMFS will Administration weirs for the purpose of transporting the accept anonymous comments (enter ‘‘N/ herring to Canada for processing. The RIN 0648–XE658 A’’ in the required fields if you wish to transshipment operations will occur remain anonymous). within the boundaries of the State of Permits; Foreign Fishing FOR FURTHER INFORMATION CONTACT: Maine or within the portion of the EEZ ° ′ AGENCY: National Marine Fisheries Mark Wildman at (301) 427–8386 or by east of the line 69 30 W. longitude and Service (NMFS), National Oceanic and email at [email protected]. within 12 nautical miles from Maine’s Atmospheric Administration (NOAA), seaward boundary. SUPPLEMENTARY INFORMATION: Commerce. Dated: June 3, 2016. ACTION: Notice of application for permit; Background John Henderschedt, request for comments. Director, Office for International Affairs and Section 204(d) of the Magnuson- Seafood Inspection, National Marine SUMMARY: NMFS publishes for public Stevens Act (16 U.S.C. 1824(d)) Fisheries Service. review and comment information authorizes the Secretary of Commerce [FR Doc. 2016–13619 Filed 6–8–16; 8:45 am] regarding a permit application for (Secretary) to issue a transshipment BILLING CODE 3510–22–P transshipment of Atlantic herring by permit authorizing a vessel other than a Canadian vessels, submitted under vessel of the United States to engage in provisions of the Magnuson-Stevens fishing consisting solely of transporting DEPARTMENT OF COMMERCE Fishery Conservation and Management fish or fish products at sea from a point Act (Magnuson-Stevens Act). This within the United States Exclusive National Oceanic and Atmospheric action is necessary for NMFS to make a Economic Zone (EEZ) or, with the Administration determination that the permit concurrence of a state, within the RIN 0648–XE613 application can be approved. boundaries of that state, to a point DATES: Written comments must be outside the United States. In addition, Schedules for Atlantic Shark received by June 23, 2016. Public Law 104–297, section 105(e), Identification Workshops and ADDRESSES: You may submit comments directs the Secretary to issue section Protected Species Safe Handling, on this document, identified by docket 204(d) permits for up to 14 Canadian Release, and Identification Workshops transport vessels to receive Atlantic NOAA–HQ–2016–0071, by any of the AGENCY: National Marine Fisheries following methods: herring harvested by United States fishermen and to be used in sardine Service (NMFS), National Oceanic and Electronic Submission: Submit all Atmospheric Administration (NOAA), electronic public comments via the processing. Transshipment must occur from within the boundaries of the State Commerce. Federal e-Rulemaking Portal. Go to ACTION: Notice of public workshops. www.regulations.gov/ of Maine or within the portion of the #!docketDetail;D=NOAA-HQ-2016-0071, EEZ east of the line 69 degrees 30 SUMMARY: Free Atlantic Shark click the ‘‘Comment Now!’’ icon, minutes west and within 12 nautical Identification Workshops and Protected complete the required fields, and enter miles from Maine’s seaward boundary. Species Safe Handling, Release, and or attach your comments. Section 204(d)(3)(D) of the Magnuson- Identification Workshops will be held in Mail: Mark Wildman, International Stevens Act provides that an application July, August, and September of 2016. Fisheries Division, Office for may not be approved until the Secretary Certain fishermen and shark dealers are International Affairs and Seafood determines that ‘‘no owner or operator required to attend a workshop to meet Inspection, NOAA Fisheries, 1315 East- of a vessel of the United States which regulatory requirements and to maintain West Highway, Silver Spring, MD has adequate capacity to perform the valid permits. Specifically, the Atlantic 20910. transportation for which the application Shark Identification Workshop is Instructions: Comments sent by any is submitted has indicated . . . an mandatory for all federally permitted other method, to any other address or interest in performing the transportation Atlantic shark dealers. The Protected individual, or received after the end of at fair and reasonable rates.’’ NMFS is Species Safe Handling, Release, and the comment period, may not be publishing this notice as part of its effort Identification Workshop is mandatory considered by NMFS. All comments to make such a determination with for vessel owners and operators who use received are a part of the public record respect to the application described bottom longline, pelagic longline, or and will generally be posted for public below. gillnet gear, and who have also been
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issued shark or swordfish limited access receipt of fish as they are offloaded from Protected Species Safe Handling, permits. Additional free workshops will a vessel; and who fills out dealer Release, and Identification Workshops be conducted during 2016 and will be reports. Atlantic shark dealers are Since January 1, 2007, shark limited- announced in a future notice. prohibited from renewing a Federal access and swordfish limited-access DATES: The Atlantic Shark Identification shark dealer permit unless a valid permit holders who fish with longline Workshops will be held on July 28, Atlantic Shark Identification Workshop or gillnet gear have been required to August 25, and September 29, 2016. certificate for each business location submit a copy of their Protected Species The Protected Species Safe Handling, that first receives Atlantic sharks has Safe Handling, Release, and Release, and Identification Workshops been submitted with the permit renewal Identification Workshop certificate in will be held on July 8, July 13, August application. Additionally, trucks or order to renew either permit (71 FR 2, August 5, September 1, and other conveyances that are extensions of 58057; October 2, 2006). These September 6, 2016. a dealer’s place of business must certificate(s) are valid for 3 years. As See SUPPLEMENTARY INFORMATION for possess a copy of a valid dealer or proxy such, vessel owners who have not further details. Atlantic Shark Identification Workshop already attended a workshop and ADDRESSES: The Atlantic Shark certificate. received a NMFS certificate, or vessel Identification Workshops will be held in Workshop Dates, Times, and Locations owners whose certificate(s) will expire Fort Lauderdale, FL; Rosenberg, TX; and prior to the next permit renewal, must 1. July 28, 2016, 12 p.m.–4 p.m., Panama City, FL. attend a workshop to fish with, or LaQuinta Inn, 999 West Cypress Creek The Protected Species Safe Handling, renew, their swordfish and shark Road, Fort Lauderdale, FL 33309. Release, and Identification Workshops limited-access permits. Additionally, will be held in Galveston, TX; 2. August 25, 2016, 12 p.m.–4 p.m., Hampton Inn, 3312 Vista Drive, new shark and swordfish limited-access Ronkonkoma, NY; Warwick, RI; Kenner, permit applicants who intend to fish LA; Largo, FL; and Palm Coast, FL. Rosenberg, TX 77471. 3. September 29, 2016, 12 p.m.–4 with longline or gillnet gear must attend See SUPPLEMENTARY INFORMATION for a Protected Species Safe Handling, further details on workshop locations. p.m., LaQuinta Inn, 7115 Coastal Palms Boulevard, Panama City, FL 32408. Release, and Identification Workshop FOR FURTHER INFORMATION CONTACT: Rick and submit a copy of their workshop Pearson by phone: (727) 824–5399, or by Registration certificate before either of the permits fax: (727) 824–5398. To register for a scheduled Atlantic will be issued. Approximately 232 free SUPPLEMENTARY INFORMATION: The Shark Identification Workshop, please Protected Species Safe Handling, workshop schedules, registration contact Eric Sander at ericssharkguide@ Release, and Identification Workshops information, and a list of frequently yahoo.com or at (386) 852–8588. have been conducted since 2006. asked questions regarding these In addition to certifying vessel workshops are posted on the Internet at: Registration Materials owners, at least one operator on board http://www.nmfs.noaa.gov/sfa/hms/ To ensure that workshop certificates vessels issued a limited-access compliance/workshops/index.html. are linked to the correct permits, swordfish or shark permit that uses participants will need to bring the longline or gillnet gear is required to Atlantic Shark Identification following specific items to the attend a Protected Species Safe Workshops workshop: Handling, Release, and Identification Since January 1, 2008, Atlantic shark • Atlantic shark dealer permit holders Workshop and receive a certificate. dealers have been prohibited from must bring proof that the attendee is an Vessels that have been issued a limited- receiving, purchasing, trading, or owner or agent of the business (such as access swordfish or shark permit and bartering for Atlantic sharks unless a articles of incorporation), a copy of the that use longline or gillnet gear may not valid Atlantic Shark Identification applicable permit, and proof of fish unless both the vessel owner and Workshop certificate is on the premises identification. operator have valid workshop of each business listed under the shark • Atlantic shark dealer proxies must certificates onboard at all times. Vessel dealer permit that first receives Atlantic bring documentation from the permitted operators who have not already sharks (71 FR 58057; October 2, 2006). dealer acknowledging that the proxy is attended a workshop and received a Dealers who attend and successfully attending the workshop on behalf of the NMFS certificate, or vessel operators complete a workshop are issued a permitted Atlantic shark dealer for a whose certificate(s) will expire prior to certificate for each place of business that specific business location, a copy of the their next fishing trip, must attend a is permitted to receive sharks. These appropriate valid permit, and proof of workshop to operate a vessel with certificate(s) are valid for 3 years. identification. swordfish and shark limited-access Approximately 121 free Atlantic Shark permits that uses longline or gillnet Workshop Objectives Identification Workshops have been gear. conducted since January 2007. The Atlantic Shark Identification Currently, permitted dealers may send Workshops are designed to reduce the Workshop Dates, Times, and Locations a proxy to an Atlantic Shark number of unknown and improperly 1. July 8, 2016, 9 a.m.–5 p.m., Identification Workshop. However, if a identified sharks reported in the dealer Doubletree Hotel, 1702 Seawall dealer opts to send a proxy, the dealer reporting form and increase the Boulevard, Galveston, TX 77550. must designate a proxy for each place of accuracy of species-specific dealer- 2. July 13, 2016, 9 a.m.–5 p.m., Hilton business covered by the dealer’s permit reported information. Reducing the Garden Inn, 3485 Veterans Memorial which first receives Atlantic sharks. number of unknown and improperly Highway, Ronkonkoma, NY 11779. Only one certificate will be issued to identified sharks will improve quota 3. August 2, 2016, 9 a.m.–5 p.m., each proxy. A proxy must be a person monitoring and the data used in stock Hilton Garden Inn, 1 Thurber Street, who is currently employed by a place of assessments. These workshops will train Warwick, RI 02886. business covered by the dealer’s permit; shark dealer permit holders or their 4. August 5, 2016, 9 a.m.–5 p.m., is a primary participant in the proxies to properly identify Atlantic Hilton Hotel, 901 Airline Drive, Kenner, identification, weighing, and/or first shark carcasses. LA 70062.
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5. September 1, 2016, 9 a.m.–5 p.m., DEPARTMENT OF COMMERCE scoping document Holiday Inn Express, 210 Seminole St. Thomas USVI spiny lobster white Boulevard, Largo FL 33770. National Oceanic and Atmospheric paper 6. September 6, 2016, 9 a.m.–5 p.m., Administration Æ AM-based closures—2016 species/ Hilton Garden Inn, 55 Town Center RIN 0648–XE652 species complexes and closure Boulevard, Palm Coast, FL 32164. dates Caribbean Fishery Management —PUBLIC COMMENT PERIOD— Registration Council; Public Meeting (5-minutes presentations) To register for a scheduled Protected AGENCY: National Marine Fisheries June 28, 2016, 5:15 p.m.–6 p.m. Species Safe Handling, Release, and Service (NMFS), National Oceanic and Æ Administrative Matters Identification Workshop, please contact Atmospheric Administration (NOAA), —Budget Update FY 16 Angler Conservation Education at (386) Commerce. —Other Administrative Business 682–0158. ACTION: Notice of a public meeting. —Closed Session Registration Materials SUMMARY: The Caribbean Fishery June 29, 2016, 9 a.m.–5 p.m. Management Council (Council) will To ensure that workshop certificates hold its 156th meeting. —Standing Committee or AP for are linked to the correct permits, DATES: The meeting will be held on June Recreational Sampling Plan participants will need to bring the 28–29, 2016. The Council will convene Development following specific items with them to Æ on Tuesday, June 28, 2016, from 9 a.m. Exempting Fishing Permit the workshop: to 5 p.m., and will reconvene on Application-Puerto Rico • Individual vessel owners must Wednesday, June 29, 2016, from 9 a.m. Department of Natural and bring a copy of the appropriate to 5 p.m. Environmental Resources Æ swordfish and/or shark permit(s), a copy ADDRESSES: The Buccaneer Hotel, 5007 Presentations: of the vessel registration or Shoys, Christiansted, USVI 00820. —Spiny Lobster Project—Carlos documentation, and proof of FOR FURTHER INFORMATION CONTACT: Velazquez identification. Caribbean Fishery Management Council, —SEFSC: Caribbean Regional Action • Representatives of a business- 270 Mun˜ oz Rivera Avenue, Suite 401, Plan for the National Climate owned or co-owned vessel must bring Science Strategy San Juan, Puerto Rico 00918, telephone Æ proof that the individual is an agent of (787) 766–5926. Outreach and Education Report—Dr. the business (such as articles of Alida Ortı´z SUPPLEMENTARY INFORMATION: The Æ incorporation), a copy of the applicable MREP Update—Helena Antoun Council will hold its 156th regular Æ swordfish and/or shark permit(s), and Council Meeting to discuss the items Enforcement Issues: proof of identification. contained in the following agenda: —Puerto Rico-DNER —U.S. Virgin Islands-DPNR • Vessel operators must bring proof of June 28, 2016, 9 a.m.–5 p.m. —U.S. Coast Guard identification. Æ Call to Order —NMFS/NOAA Workshop Objectives Æ Adoption of Agenda Æ Meetings Attended by Council Æ Consideration of 155th Council Members and Staff The Protected Species Safe Handling, Meeting Verbatim Transcriptions —PUBLIC COMMENT PERIOD— Release, and Identification Workshops Æ Executive Director’s Report (5-minute presentations) Æ are designed to teach longline and SSC Report—Dr. Richard Appeldoorn Æ Other Business gillnet fishermen the required Æ Island Based FMP Developments The established times for addressing techniques for the safe handling and Status and Next Steps items on the agenda may be adjusted as release of entangled and/or hooked Council DRAFT goals and objectives necessary to accommodate the timely protected species, such as sea turtles, Action 1—Species to include for completion of discussion relevant to the marine mammals, and smalltooth federal management agenda items. To further accommodate sawfish. In an effort to improve Action 2—Assigning species to discussion and completion of all items reporting, the proper identification of complexes —Working group report on the agenda, the meeting may be protected species will also be taught at —Council guidance on alternative extended from, or completed prior to these workshops. Additionally, groupings the date established in this notice. individuals attending these workshops Action 3—Developing reference The meeting is open to the public, will gain a better understanding of the points, including ABCs and ACLs and will be conducted in English. requirements for participating in these —ABC Control Rule Fishers and other interested persons are fisheries. The overall goal of these —Working group report invited to attend and participate with workshops is to provide participants —Council guidance on ABC oral or written statements regarding with the skills needed to reduce the Control Rule structure and agenda issues. mortality of protected species, which alternatives Although non-emergency issues not may prevent additional regulations on Action 4—Framework measures Æ contained in this agenda may come these fisheries in the future. Timing of Accountability Measures New Action 5 before this group for discussion, those Authority: 16 U.S.C. 1801 et seq. Final selection of preferred issues may not be subjects for formal action during this meeting. Actions will Dated: June 2, 2016. alternatives Council direction to staff on next be restricted to those issues specifically Alan D. Risenhoover, steps, including scheduling public identified in this notice, and any issues Director, Office of Sustainable Fisheries, hearings arising after publication of this notice National Marine Fisheries Service. Æ Developing permits for fishing that require emergency action under [FR Doc. 2016–13641 Filed 6–8–16; 8:45 am] activities in federal waters section 305(c) of the Magnuson-Stevens BILLING CODE 3510–22–P Puerto Rico Snapper Unit 2 DRAFT Fishery Conservation and Management
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Act, provided that the public has been National Oceanic and Atmospheric Dated: June 2, 2016. notified of the Council’s intent to take Administration. Christopher C. Cartwright, final action to address the emergency. Chief Financial Officer/Chief Administrative SUPPLEMENTARY INFORMATION: The 1998 Officer, Ocean Service and Coastal Zone Special Accommodations Harmful Algal Bloom and Hypoxia Management. The meeting is physically accessible Research Control Act (HABHRCA), as [FR Doc. 2016–13670 Filed 6–8–16; 8:45 am] to people with disabilities. For more amended, codified at 33 U.S.C. 4001– BILLING CODE 3510–JE–P information or request for sign language 4009, authorized the establishment of interpretation and/other auxiliary aids, three national competitive programs on please contact Mr. Miguel A. Rolo´n, Harmful Algal Blooms (HABs) and the COMMODITY FUTURES TRADING Executive Director, Caribbean Fishery Harmful Algal Bloom and Hypoxia COMMISSION Management Council, 270 Mun˜ oz Research and Control Amendments Act Rivera Avenue, Suite 401, San Juan, of 2014, Public Law 113–124; Market Risk Advisory Committee Puerto Rico 00918, telephone (787) 766– authorized the continuation of these AGENCY: 5926, at least 5 days prior to the meeting programs. NOAA implements Commodity Futures Trading date. HABHRCA through the Ecology and Commission. Oceanography of Harmful Algal Blooms ACTION: Notice of meeting. Dated: June 6, 2016. (ECOHAB) Program, the Monitoring and Tracey L. Thompson, SUMMARY: Event Response for Harmful Algal The Commodity Futures Acting Deputy Director, Office of Sustainable Bloom (MERHAB) Program and the Trading Commission (CFTC) announces Fisheries, National Marine Fisheries Service. Prevention, Control and Mitigation of that on June 27, 2016, from 10:00 a.m. [FR Doc. 2016–13652 Filed 6–8–16; 8:45 am] Harmful Algal Blooms (PCMHAB) to 1:30 p.m., the Market Risk Advisory BILLING CODE 3510–22–P Program. ECOHAB provides coastal Committee (MRAC) will hold a public managers with the understanding, tools, meeting at the CFTC’s Washington, DC, and models to predict the development, headquarters. The MRAC will discuss: DEPARTMENT OF COMMERCE extent, and toxicity of HABs and their (1) The CCP Risk Management impacts, leading to early warning and Subcommittee’s draft recommendations National Oceanic and Atmospheric on how Central Counterparties (CCPs) Administration new prevention and mitigation strategies. MERHAB builds capacity and can better coordinate their efforts in preparing for the default of a significant Harmful Algal Bloom Programs enhances partnerships between clearing member, and (2) the role of the Termination of Regional Rotations managers, researchers, and private industry to improve monitoring for HAB Federal Deposit Insurance Corporation AGENCY: National Ocean Service (NOS), cells and toxins and responding to HAB (FDIC) and CFTC in the resolution of National Oceanic and Atmospheric events. The PCM HAB program both banks and CCPs. Administration (NOAA), Department of transitions promising technologies and DATES: The meeting will be held on June Commerce (DOC). strategies for preventing, controlling, or 27, 2016 from 10:00 a.m. to 1:30 p.m. Members of the public who wish to ACTION: Notice. mitigating HABs and their impacts from development through demonstration submit written statements in connection SUMMARY: NOAA publishes this notice and technology transfer for field with the meeting should submit them by to amend 74 Federal Register 84 (May application by end-users. A regional June 27, 2016. 4, 2009) pp. 20465–20469 titled, ‘‘Notice rotation for the three Harmful Algal ADDRESSES: The meeting will take place of implementation of new competitive Blooms Programs was implemented in in the Conference Center at the CFTC’s Prevention, Control, and Mitigation of Fiscal Year 2009. All three regions have headquarters, Three Lafayette Centre, Harmful Algal Blooms Program and been rotated once and a rotation cycle 1155 21st Street NW., Washington, DC regional rotation of the existing and new is now complete. Beginning in 2016, the 20581. Written statements should be national competitive HAB Programs.’’ regional rotation will not be used to submitted by mail to: Commodity This notice announces the completion define the geographic scope of future Futures Trading Commission, Three of the regional rotation. In addition, competitions. Hereafter, the necessary Lafayette Centre, 1155 21st Street NW., further information about competitive objectives, procedures, and guidance for Washington, DC 20581, attention: objectives, procedures, and guidance Harmful Algal Bloom funding Secretary of the Commission, or by will be posted in announcements on the competitions will be posted in electronic mail to: [email protected]. OMB-designated government wide Web announcements on the OMB-designated Please use the title ‘‘Market Risk site for finding and applying for Federal government wide Web site for finding Advisory Committee’’ in any written financial assistance, currently and applying for Federal financial statement you submit. Any statements www.Grants.gov. All other aspects of the assistance, currently www.Grants.gov. submitted in connection with the original Federal Register Notice remain committee meeting will be made the same. Other Information available to the public, including FOR FURTHER INFORMATION CONTACT: Administrative Procedure Act: Notice publication on the CFTC Web site, Quay Dortch, ECOHAB Program and comment are not required under the http://www.cftc.gov. Coordinator and PCMHAB Program Administrative Procedure Act, (5 U.S.C. FOR FURTHER INFORMATION CONTACT: Manager, 301/713–3338 ext 157, 553), or any other law, for notices Petal Walker, MRAC Designated Federal [email protected] or Marc relating to public property, loans, Officer, Commodity Futures Trading Suddleson, MERHAB Program Manager, grants, benefits or contracts (5 U.S.C. Commission, Three Lafayette Centre, 301/713–3338 ext 162, 553(a)). Because notice and comment is 1155 21st Street NW., Washington, DC [email protected], Center for not required, a Regulatory Flexibility 20581; (202) 418–5010. Sponsored Coastal Ocean Research, Analysis is not required and has not SUPPLEMENTARY INFORMATION: The National Centers for Coastal Ocean been prepared for this notice, (5 U.S.C. meeting will be open to the public with Science, National Ocean Service, 601 et seq). seating on a first-come, first-served
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basis. Members of the public may also ADDRESSES: You may submit comments, Centre, 1151 21st Street NW., listen to the meeting by telephone by regarding the burden estimated or any Washington, DC 20581. calling a domestic toll-free telephone or other aspect of the information SUPPLEMENTARY INFORMATION: Under the international toll or toll-free number to collection, including suggestions for PRA, federal agencies must obtain connect to a live, listen-only audio feed. reducing the burden. Please refer to this approval from the Office of Management Call-in participants should be prepared notice in any correspondence. and Budget (‘‘OMB’’) for each collection to provide their first name, last name, Comments, identified by ‘‘CFTC of information they collect or sponsor. and affiliation. SmartCheck Annual Campaign Impact ‘‘Collection of information’’ is defined Domestic Toll Free: 1–866–844–9416. Tracking Survey,’’ and Collection in 44 U.S.C. 3502(3) as ‘‘the obtaining, International Toll and Toll Free: Will Number 3038—NEW may be submitted causing to be obtained, soliciting . . . be posted on the CFTC’s Web site, by any of the following methods: facts or opinions by or for an agency, http://www.cftc.gov, on the page for the • The Agency Web site, via its regardless of form or format [from] ten meeting, under Related Documents. Comments Online process: http:// or more persons.’’ An agency may not Pass Code/Pin Code: 1519074. comments.cftc.gov. Follow the After the meeting, a transcript of the conduct or sponsor, and a person is not instructions for submitting comments required to respond to, a collection of meeting will be published through a through the Web site. link on the CFTC’s Web site, http:// information unless it displays a valid • Mail: Christopher Kirkpatrick, OMB control number. 44 U.S.C. 3506(c). www.cftc.gov. All written submissions Secretary of the Commission, provided to the CFTC in any form will The Commission is submitting this Commodity Futures Trading also be published on the CFTC’s Web collection of information to OMB for Commission, 1155 21st Street NW., site. Persons requiring special approval and assigning of a collection Washington, DC 20581. accommodations to attend the meeting number, pursuant to 5 CFR 1320.10. • Hand delivery/Courier: Same as because of a disability should notify the Section 3506(c)(2)(A) of the PRA, 44 Mail above. contact person above. U.S.C. 3506(c)(2)(A), requires federal • Federal eRulemaking Portal: http:// agencies to provide a 60-day notice in Authority: 5 U.S.C. app. 2 10(a)(2). www.regulations.gov/. Follow the the Federal Register for each proposed Dated: June 3, 2016. instructions for submitting comments. collection of information before Robert N. Sidman, Please submit your comments using submitting the collection to OMB for Deputy Secretary of the Commission. only one method, and identify that it is approval. Under OMB regulations, [FR Doc. 2016–13622 Filed 6–8–16; 8:45 am] for the ‘‘SmartCheck Campaign Annual which implement provisions of the BILLING CODE 6351–01–P Tracking Survey.’’ PRA, certain ‘‘facts or opinions All comments must be submitted in submitted in response to general English, or if not, accompanied by an solicitations of comments from the COMMODITY FUTURES TRADING English translation. Comments will be public, published in the Federal COMMISSION posted as received to http:// Register or other publications,’’ 5 CFR www.cftc.gov. You should submit only 1320.3(h)(4), or ‘‘facts or opinions Agency Information Collection information that you wish to make obtained or solicited at or in connection Activities: Notice Requesting Approval available publicly. If you wish the with public hearings or meetings,’’ 5 of New Collection, CFTC SmartCheck Commission to consider information CFR 1320.3(h)(8), are excluded from the Annual Campaign Impact Tracking that you believe is exempt from OMB approval process. Survey, 3038—NEW disclosure under the Freedom of Title: CFTC SmartCheck Annual Information Act, a petition for AGENCY: Commodity Futures Trading Campaign Impact Tracking Survey Commission. confidential treatment of the exempt (OMB Control No. 3038—NEW). This is information may be submitted according ACTION: Notice. a request for approval of a new to the procedures established in § 145.9 collection. SUMMARY: The Commodity Futures of the Commission’s regulations.1 Abstract: In 2010, the Dodd-Frank Trading Commission (‘‘CFTC’’ or The Commission reserves the right, Act 2 expanded the Commission’s ‘‘Commission’’) is announcing an but shall have no obligation, to review, authority to, among other matters opportunity for public comment on a pre-screen, filter, redact, refuse or related to regulatory oversight, establish proposed collection of information by remove any or all of your submission funding of consumer education the agency. Under the Paperwork from http://www.cftc.gov that it may initiatives under its new Whistleblower Reduction Act (‘‘PRA’’), Federal deem to be inappropriate for authority.3 Under this new authority, agencies are required to publish notice publication, such as obscene language. the Commission established an Office of in the Federal Register concerning each All submissions that have been redacted Customer Education and Outreach proposed collection of information and or removed that contain comments on (‘‘OCEO’’) to, among other efforts, to allow 60 days for public comment. the merits of the rulemaking will be survey the public regarding consumer The CFTC’s Office of Customer retained in the public comment file and education initiatives.4 This notice Education and Outreach (OCEO) will be considered as required under the announces a public survey. This survey develops campaigns to change customer Administrative Procedure Act and other will include screening questions to behaviors, so that customers can better applicable laws, and may be accessible identify the correct respondents and avoid fraud as defined under the under the Freedom of Information Act. questions to determine if the CFTC’s Commodities Exchange Act. The OCEO FOR FURTHER INFORMATION CONTACT: SmartCheckSM campaign is helping intends to survey the public by Nisha Smalls, Lead Customer Outreach identifying customers and determining Specialist, 202–418–5000, consumers@ 2 See Dodd-Frank Wall Street Reform and if the CFTC’s SmartCheckSM campaign cftc.gov, Office of Customer Education Consumer Protection Act, Public Law 111–203, 124 is helping them to identify, avoid, and Stat. 1376 (2010). The text of the Dodd-Frank Act and Outreach, Commodity Futures may be accessed at http://www.cftc.gov/ report financial fraud. Trading Commission, Three Lafayette LawRegulation/DoddFrankAct/index.htm. DATES: Comments must be submitted on 3 See 7 U.S.C. 26. or before August 8, 2016. 1 17 CFR 145.9. 4 See 17 CFR 165.12.
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customers identify, avoid, and report With respect to the collection of publicly. If you wish the Commission to financial fraud. information, the CFTC invites consider information that you believe is The OCEO will use the information comments on: exempt from disclosure under the • collected in the survey to refine the Whether the proposed collection of Freedom of Information Act, a petition methods used to inform the public information is necessary for the proper for confidential treatment of the exempt about how to best detect and report performance of the functions of the information may be submitted according financial fraud. This will be done by Commission, including whether the to the procedures established in § 145.9 information will have a practical use; creating a final summary report that • of the Commission’s regulations.5 includes key findings from the survey. The accuracy of the Commission’s estimate of the burden of the proposed Burden Statement: The screening Findings from the summary report collection of information, including the questions will take about 1 minute to will be used to directionally inform the validity of the methodology and complete. It is anticipated that 4,000 outreach efforts that the CFTC assumptions used; people will be screened. The survey will undertakes concerning helping • Ways to enhance the quality, take about 15 minutes. The cost of the customers avoid financial fraud. usefulness, and clarity of the screener survey will be approximately The survey will be administered using information to be collected; and $3,125, which equates to $46.85 per an online survey tool. The online • Ways to minimize the burden of burden hour. 2,000 people will take the modality approach will allow collection of information on those who 15 minute survey. The cost of the full presentation of test material to are to respond, including through the survey will be approximately $46,875, participants in a more convenient and use of appropriate automated electronic, which equates to $93.75 per burden time-efficient manner than other mechanical, or other technological hour. Based on these assumptions, the collection methods such as mall collection techniques or other forms of intercepts. The online method also information technology; e.g., permitting total burden hours will be 566.7 hours. allows for a quicker turnaround for data electronic submission of responses. The Commission estimates the average collection. No other collection methods You should submit only information burden of this collection of information will be used. that you wish to make available as follows:
ESTIMATED ANNUAL REPORTING BURDEN HOURS
Annual reporting Frequency Hours per report Total
17 CFR 165.12 ...... 4,000 1 response per re- 1 minute per response 4,000 66.7 hours, total burden. spondent. 17 CFR 165.12 ...... 2,000 1 response per re- 15 minutes per re- 2,000 500 hours, burden hour. spondent. sponse.
The proposed survey questions appear below: 1 ...... Stocks or shares. CFTC SmartCheck Annual Campaign 2 ...... Precious metals like gold or silver. Impact Tracking Survey 3 ...... Foreign currency trading (FOREX). CFTC TARGET = Age 50–65; HH 4 ...... Any type of futures or options. income 60k+; Answers 1 or 2 for 5 ...... None of these [Single Punch (SP)]. question 1; Invests in 2 or more 6 ...... Don’t know [SP]. products in question 2 Survey Screener 1. When it comes to family and [GRID, SP ACROSS] personal investments like stocks, Please answer yes or no to each of the mutual funds, or other trading products, following questions. how likely are you to be involved in making decisions for your household? Yes No
1 ...... Very likely. 1 2 2 ...... Somewhat likely. 3 ...... Not too likely. 4 ...... Not at all likely.
2. Below is a list of financial products. Please select all that you currently are invested in or have invested in.
3 ...... Have you read, seen, or heard anything about the Commodity Futures Trading Commission (CFTC)? 4 ...... Have you read, seen, or heard anything about CFTC SmartCheck, a campaign that promotes expert tools and re- sources to check the background of financial professionals, learn how to avoid investment fraud, and report sus- picious activity?
5 17 CFR 145.9.
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5 ...... Have you read, seen, or heard anything about SmartCheck.gov, a Web site that links to databases which allow inves- tors to check the background of financial professionals? 6 ...... Have you read, seen, or heard anything about Investor.gov, a Web site that allows you to check the background of in- vestment adviser representatives and firms? 7 ...... Have you read, seen, or heard anything about BrokerCheck.org, a Web site that allows you to check the background of brokers who sell stocks, bonds, mutual funds and other securities?
[GRID, SP ACROSS. RANDOMIZE GRID complete. Please indicate how likely or If you were considering investing ROWS] unlikely you are to complete the actions with someone you had not invested Below are a number of actions that using the scale below. with before, how likely are you to: you may or may not be likely to
Very likely Somewhat likely Not likely or unlikely Not too likely Not at all likely
1 2 3 4 5
8 ...... Review performance history. likely would you be to report it to a [MP; RANDOMIZE LEAVING LAST 1 9 ...... Talk to references and/or past cli- government financial agency such as the AT THE END] ents. U.S. Commodity Futures Trading 10 ...... Confirm certifications and/or edu- Commission (CFTC) or the U.S. 20. Which, if any, of the following do cation. Securities and Exchange Commission you think are potential signs of 11 ...... Perform a general Internet search. (SEC)? investment fraud? If the person selling 12 ...... Check disciplinary history with an the investment . . . official financial regulator. 13 ...... Check licensing and/or registration 1 ...... Very likely. status with an official financial 2 ...... Somewhat likely. 1 ...... said the investment has a guaran- regulator. 3 ...... Not too likely. teed rate of return. 14 ...... Personally interview. 4 ...... Not at all likely. 2 ...... said s/he has a special credential, 15 ...... Check job affiliations with an official so they can be trusted. financial regulator. 3 ...... said that many of your friends have 16 ...... None of these/don’t know [SP]. [SP] already invested in the oppor- tunity. 19. If you became aware that an [SP] 4 ...... was willing to charge you half of investment you were already a part of the regular commission. 17. Generally speaking, how was fraudulent, how likely would you 5 ...... said the opportunity was closing concerned are you about unknowingly be to report it to a government financial soon, so it was important to act being part of a fraudulent investment? agency such as the U.S. Commodity quickly. Futures Trading Commission (CFTC) or 6 ...... None of these [SP]. 1 ...... Very concerned. the U.S. Securities and Exchange 2 ...... Somewhat concerned. Commission (SEC)? [GRID, SP ACROSS. RANDOMIZE GRID 3 ...... Not too concerned. ROWS] 4 ...... Not at all concerned. 1 ...... Very likely. Below are a number of statements [SP] 2 ...... Somewhat likely. 3 ...... Not too likely. with which you may or may not agree. 18. If you suspected an investment 4 ...... Not at all likely. Please indicate how much you agree or you were aware of was fraudulent, how disagree with each statement.
Strongly disagree Somewhat disagree Neither agree nor disagree Somewhat agree Strongly agree
1 2 3 4 5
21 ...... It is important to know the common signs of fraud when investing. 22 ...... The government reviews and investigates all alleged reports of investment fraud. 23 ...... I know where to go to report suspected or known incidents of investment fraud. 24 ...... I know where to go to check the background of a financial professional. 25 ...... Before I invest, it is important to check the registration and/or licensing status of a financial professional. 26 ...... Each year, it is important to check the registration and/or licensing of a financial professional with whom I invest. 27 ...... Before I invest, it is important to check the disciplinary history of a financial professional. 28 ...... Each year, it is important to check the disciplinary history of a financial professional.
Authority: 44 U.S.C. 3501 et seq. Dated: June 3, 2016. Robert N. Sidman, Deputy Secretary of the Commission. [FR Doc. 2016–13623 Filed 6–8–16; 8:45 am] BILLING CODE 6351–01–P
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DEPARTMENT OF ENERGY The Commission strongly encourages The projects would all be located at electronic filing. Please file comments, existing locks and dams owned by the Federal Energy Regulatory motions to intervene, notices of intent, U.S. Army Corps of Engineers. The Commission and competing applications using the Emsworth Locks and Dam Hydroelectric Commission’s eFiling system at http:// Project would be located on the Ohio [Project No. 14782–000] www.ferc.gov/docs-filing/efiling.asp. River near Emsworth, Pennsylvania, in Commenters can submit brief comments Allegheny County at river mile (RM) Energy Resources USA Inc.; Notice of up to 6,000 characters, without prior Preliminary Permit Application 6.2. The Emsworth Back Channel registration, using the eComment system Hydroelectric Project would be located Accepted for Filing and Soliciting at http://www.ferc.gov/docs-filing/ Comments, Motions To Intervene, and on the Ohio River near Coraopolis, ecomment.asp. You must include your Pennsylvania, in Allegheny County at Competing Applications name and contact information at the end RM 6.8. The Montgomery Locks and of your comments. For assistance, On May 4, 2016, Energy Resources Dam Hydroelectric Project would be please contact FERC Online Support at USA Inc. filed an application for a located on the Ohio River downstream preliminary permit, pursuant to section [email protected], (866) 208–3676 (toll free), or (202) 502–8659 of Monaca, Pennsylvania, in Beaver 4(f) of the Federal Power Act (FPA), County at RM 31.7. The projects would proposing to study the feasibility of the (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal collectively occupy 17.1 acres of federal R.D. Bailey Dam Hydroelectric Project land. (R.D. Bailey Project or project) to be Energy Regulatory Commission, 888 located at the existing U.S. Army Corps First Street NE., Washington, DC 20426. Staff has prepared a multi-project of Engineers’ R.D. Bailey Dam on the The first page of any filing should environmental assessment (EA) that Guyandotte River in Mingo and include docket number P–14782–000. analyzes the potential environmental Wyoming Counties, West Virginia. The More information about this project, effects of the three projects and sole purpose of a preliminary permit, if including a copy of the application, can concludes that constructing and issued, is to grant the permit holder be viewed or printed on the ‘‘eLibrary’’ operating the projects, with appropriate priority to file a license application link of the Commission’s Web site at environmental protection measures, during the permit term. A preliminary http://www.ferc.gov/docs-filing/ would not constitute a major federal permit does not authorize the permit elibrary.asp. Enter the docket number action that would significantly affect the holder to perform any land-disturbing (P–14782) in the docket number field to quality of the human environment. activities or otherwise enter upon lands access the document. For assistance, A copy of the EA is available for or waters owned by others without the contact FERC Online Support. owners’ express permission. review at the Commission in the Public Dated: June 2, 2016. Reference Room or may be viewed on The proposed project would consist of Kimberly D. Bose, the following: (1) A new 90-foot-long by the Commission’s Web site at Secretary. 45-foot-wide reinforced concrete www.ferc.gov using the ‘‘eLibrary’’ link. powerhouse to be located downstream [FR Doc. 2016–13648 Filed 6–8–16; 8:45 am] Enter the docket number, excluding the on the tailrace side of R.D. Bailey Dam; BILLING CODE 6717–01–P last three digits, in the docket number (2) a new 12-foot by 9-foot by 250-foot- field to access the document. For assistance, contact FERC Online long concrete conduit connecting the DEPARTMENT OF ENERGY existing outlet tunnel with the Support at FERCOnlineSupport@ powerhouse; (3) two 5-megawatt (MW) Federal Energy Regulatory ferc.gov or toll-free at 1–866–208–3676, vertical Kaplan turbine-generator units Commission or for TTY, (202) 502–8659. with a total generating capacity of 10 You may also register online at http:// MW; (4) a new 120-foot-long by 80-foot- www.ferc.gov/docs-filing/esubscription. wide tailrace; (5) a new 60-foot-long by [Project No. 13757–002; Project No. 13761– 002; Project No. 13768–002] asp to be notified via email of new 50-foot-wide substation with a 10-mega- filings and issuances related to these or volt-ampere 4.16/69-kilovolt (kV) three- FFP Missouri 5, LLC; FFP Missouri 6, other pending projects. For assistance, phase step-up transformer; (6) a new LLC; Solia 6 Hydroelectric, LLC; Notice contact FERC Online Support. 0.6-mile-long, 69-kV transmission line; of Availability of Environmental and (7) appurtenant facilities. The R.D. Assessment Any comments should be filed within Bailey Project would have an estimated 30 days from the date of this notice. The annual generation of 38.5 gigawatt- In accordance with the National Commission strongly encourages hours. Environmental Policy Act of 1969 and electronic filing. Please file comments Applicant Contact: Mr. Ander the Federal Energy Regulatory using the Commission’s eFiling system Gonzalez, Energy Resources USA Inc., Commission’s (Commission or FERC) at http://www.ferc.gov/docs-filing/ 350 Lincoln Road, 2nd Floor, Miami, FL regulations, 18 Code of Federal efiling.asp. For assistance, please 33139; telephone (954) 248–8425. Regulations Part 380, Office of Energy contact FERC Online Support at FERC FERC Contact: Monir Chowdhury; Projects staff has reviewed applications [email protected] or toll-free at phone: (202) 502–6736. for original licenses for the Emsworth 1–866–208–3676, or for TTY, 202–502– Deadline for filing comments, motions Locks and Dam Hydroelectric Project 8659. In lieu of electronic filing, please to intervene, competing applications (FERC No. 13757–002), Emsworth Back send a paper copy to: Secretary, Federal (without notices of intent), or notices of Channel Hydroelectric Project (FERC Energy Regulatory Commission, 888 intent to file competing applications: 60 No. 13761–002), and Montgomery Locks First Street NE., Washington, DC 20426. days from the issuance of this notice. and Dam Hydroelectric Project (FERC The first page of any filing should Competing applications and notices of No. 13768–002) on the Ohio River. include: ‘‘Emsworth Locks and Dam intent must meet the requirements of 18 These projects are referred to Hydroelectric Project No. 13757–002, CFR 4.36. collectively as the Ohio River Projects.
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Emsworth Back Channel Hydroelectric Street NE., Washington, DC 20426, should submit an original and 5 copies Project No. 13761–002, and/or (202) 502–6630, tony.dobbins@ of the protest or intervention to the Montgomery Locks and Dam ferc.gov. Federal Energy Regulatory Commission, Hydroelectric Project No. 13768–002,’’ Adam Pan (Legal Information), Federal 888 First Street NE., Washington, DC as appropriate. Energy Regulatory Commission, 888 20426. For further information, contact First Street NE., Washington, DC This filing is accessible on-line at Nicholas Ettema at (202) 502–6565 or by 20426, (202) 502–6023, adam.pan@ http://www.ferc.gov, using the email at [email protected]. ferc.gov. ‘‘eLibrary’’ link and is available for Dated: June 3, 2016. Dated: June 3, 2016. review in the Commission’s Public Kimberly D. Bose, Kimberly D. Bose, Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Secretary. Secretary. Web site that enables subscribers to [FR Doc. 2016–13647 Filed 6–8–16; 8:45 am] [FR Doc. 2016–13650 Filed 6–8–16; 8:45 am] receive email notification when a BILLING CODE 6717–01–P BILLING CODE 6717–01–P document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERC DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [email protected], or call (866) Federal Energy Regulatory Federal Energy Regulatory 208–3676 (toll free). For TTY, call (202) Commission Commission 502–8659. Comment Date: 5:00 p.m. Eastern [Docket No. RM16–12–000; Docket No. [Docket No. EL16–77–000] Time on June 21, 2016. RM15–21–000] Michigan South Central Power Agency Dated: June 2, 2016. Review of Generator Interconnection v. Michigan Electric Transmission Kimberly D. Bose, Agreements and Procedures; Company, LLC; Notice of Complaint Secretary. American Wind Energy Association; [FR Doc. 2016–13645 Filed 6–8–16; 8:45 am] Take notice that on June 1, 2016, Notice Inviting Post-Technical BILLING CODE 6717–01–P Conference Comments pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e and On May 13, 2016, Federal Energy 825e and Rule 206 of the Federal Energy DEPARTMENT OF ENERGY Regulatory Commission (Commission) Regulatory Commission’s (Commission) staff conducted a technical conference Rules of Practice and Procedure, 18 CFR Federal Energy Regulatory to discuss select issues related to the 385.206, Michigan South Central Power Commission petition for rulemaking submitted by the Agency (Complainant) filed a formal American Wind Energy Association in complaint against Michigan Electric [Docket No. CP16–361–000] Docket No. RM15–21–000 and other Transmission Company (Respondent) Columbia Gulf Transmission, LLC; interconnection-related issues, alleging that Respondent has failed to Notice of Intent To Prepare an including the interconnection of electric comply with Section19.1(i) of the Environmental Impact Statement for storage. Project I Transmission Ownership and the Proposed Gulf Xpress Project, All interested persons are invited to Operating Agreement between Request for Comments on file post-technical conference comments Complainant and Respondent, as more Environmental Issues, and Notice of on any or all of the questions listed in fully explained in the complaint. Public Scoping Meeting the attachment to this Notice. We Complainant certifies that copies of emphasize that commenters need not the complaint were served on the The staff of the Federal Energy answer all of the questions. We contacts for Respondent as listed on the Regulatory Commission (FERC or encourage commenters to submit new or Commission’s list of Corporate Officials. Commission) will prepare an additional information in response to Any person desiring to intervene or to environmental impact statement (EIS) these questions rather than information protest this filing must file in that will discuss the environmental that was previously submitted in Docket accordance with Rules 211 and 214 of impacts of the Gulf XPress Project (GXP) Nos. RM16–12–000 and/or RM15–21– the Commission’s Rules of Practice and involving construction and operation of 000. Commenters should organize Procedure (18 CFR 385.211 and facilities by Columbia Gulf responses consistent with the 385.214). Protests will be considered by Transmission, LLC (Columbia Gulf) in numbering of the attached questions the Commission in determining the Kentucky, Tennessee, and Mississippi. and identify to what extent their appropriate action to be taken, but will The Commission will use this EIS in its responses are generally applicable or not serve to make protestants parties to decision-making process to determine pertain to a particular RTO/ISO. the proceeding. Any person wishing to whether the project is in the public Commenters are also invited to become a party must file a notice of convenience and necessity. reference material previously filed in intervention or motion to intervene, as This notice announces the opening of this docket, including technical appropriate. The Respondent’s answer the scoping process the Commission conference transcripts. These comments and all interventions, or protests must will use to gather input from the public must be filed with the Commission no be filed on or before the comment date. and interested agencies on the project. later than 5:00 p.m. Eastern Standard The Respondent’s answer, motions to You can make a difference by providing Time on June 20, 2016. intervene, and protests must be served us with your specific comments or For more information about this on the Complainant. concerns about the project. Your Notice, please contact: The Commission encourages comments should focus on the potential Tony Dobbins (Technical Information), electronic submission of protests and environmental effects, reasonable Office of Energy Policy and interventions in lieu of paper using the alternatives, and measures to avoid or Information, Federal Energy ‘‘eFiling’’ link at http://www.ferc.gov. lessen environmental impacts. Your Regulatory Commission, 888 First Persons unable to file electronically input will help the Commission staff
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determine what issues they need to (2) You can file your comments Summary of the Proposed Project evaluate in the EIS. To ensure that your electronically by using the eFiling The GXP would increase the existing comments are timely and properly feature on the Commission’s Web site transportation capacity of Columbia recorded, please send your comments so (www.ferc.gov) under the link to Gulf’s system by about 860,000 that the Commission receives them in Documents and Filings. With eFiling, dekatherms per day of natural gas. Washington, DC, on or before July 5, you can provide comments in a variety According to Columbia Gulf, its project 2016. of formats by attaching them as a file is necessary to provide additional If you sent comments on this project with your submission. New eFiling pipeline capacity to meet contracted-for to the Commission before the opening of users must first create an account by firm transportation demand. The this docket on April 29, 2016, you will clicking on ‘‘eRegister.’’ If you are filing proposed facilities would enable need to file those comments in Docket a comment on a particular project, shippers the opportunity to transport No. CP16–361–000 to ensure they are please select ‘‘Comment on a Filing’’ as natural gas to Gulf Coast high-demand considered as part of this proceeding. the filing type; or markets, markets in Mississippi and This notice is being sent to the (3) You can file a paper copy of your Louisiana that are accessible through Commission’s current environmental comments by mailing them to the delivery points along Columbia Gulf’s mailing list for this project. State and following address. Be sure to reference system, and markets accessible through local government representatives should the project docket number (CP16–361– other interstate pipeline connected to notify their constituents of this 000) with your submission: Kimberly D. Columbia Gulf’s system. Columbia Gulf proposed project and encourage them to Bose, Secretary, Federal Energy has entered into binding precedent comment on their areas of concern. Regulatory Commission, 888 First Street agreements for 100 percent of the GXP If you are a landowner receiving this NE., Room 1A, Washington, DC 20426. capacity. notice, a pipeline company (4) In lieu of sending written or For the GXP, Columbia Gulf proposes representative may contact you about electronic comments, the Commission to construct, operate, and maintain the acquisition of an easement to invites you to attend the public scoping seven new natural gas-fired turbine- construct, operate, and maintain the meeting its staff will conduct in the driven compressor stations: proposed facilities. The company would project area, scheduled as follows: FERC • The Morehead Compressor Station, seek to negotiate a mutually acceptable Public Scoping Meeting, Gulf Xpress a 44,800-horsepower (hp) compressor agreement. However, if the Commission Project, Tuesday, June 21, 2016 at 6:00 station in Rowan County, Kentucky; approves the project, that approval p.m., Cane Ridge High School, 12848 • the Paint Lick Compressor Station, conveys with it the right of eminent Old Hickory Boulevard, Antioch, TN a 41,000-hp compressor station in domain. Therefore, if easement 37013. Garrard County, Kentucky; The doors will open at 5 p.m. at negotiations fail to produce an • the Goodluck Compressor Station, a which time we will begin our sign up agreement, the pipeline company could 31,8000-hp compressor station in of speakers for the meetings. For the initiate condemnation proceedings Metcalfe County, Kentucky; hour prior to the start of the meeting, where compensation would be • the Cane Ridge Compressor Station, Columbia Gulf representatives will be determined in accordance with state law a 41,000-hp compressor station in present with maps depicting the project A fact sheet prepared by the FERC Davidson County, Tennessee; area and to answer questions. entitled ‘‘An Interstate Natural Gas • the Clifton Junction Compressor The scoping meeting will begin at 6 Facility On My Land? What Do I Need Station, a 31,800-hp compressor station p.m. with a description of our To Know?’’ is available for viewing on in Wayne County, Tennessee; environmental review process by the FERC Web site (www.ferc.gov). This • the New Albany Compressor Commission staff, after which speakers fact sheet addresses a number of Station, a 31,800-hp compressor station will be called. The meeting will end typically asked questions, including the in Union County, Mississippi; and once all speakers have provided their use of eminent domain and how to • the Holcomb Compressor Station, a comments or at 10 p.m., whichever participate in the Commission’s 31,800-hp compressor station in comes first. Please note that depending proceedings. Grenada County, Mississippi. on the number of people signed up to The GXP would also involve: Public Participation speak, there may be a time limit of 3 • Installation of an additional 15,900 minutes to present comments, and For your convenience, there are four hp of compression at the anticipated speakers should structure their methods you can use to submit your Grayson Compressor Station 2 in Carter comments accordingly. If time limits are comments to the Commission. The County, Kentucky; and implemented, they will be strictly Commission will provide equal • demolition and construction of a enforced to ensure that as many consideration to all comments received, new flow control building to upgrade whether filed in written form or individuals as possible are given an provided verbally. The Commission opportunity to comment. The meeting using the link called ‘‘eLibrary’’ or from the encourages electronic filing of will be recorded by a court reporter to Commission’s Public Reference Room, 888 First comments and has expert staff available ensure comments are accurately Street NE., Washington, DC 20426, or call (202) recorded. The transcript of the meeting 502–8371. For instructions on connecting to to assist you at (202) 502–8258 or eLibrary, refer to the ‘‘Additional Information’’ [email protected]. Please carefully follow will be entered into the formal record of section of this notice. these instructions so that your the Commission proceeding. 2 The Grayson Compressor Station is proposed for comments are properly recorded. Please note this is not your only construction in Docket No. CP15–539–000 as part opportunity to provide public input; of Columbia Gulf’s Rayne XPress Certificated (1) You can file your comments Capacity Increase Project. On April 6, 2016, FERC electronically using the eComment refer to the review process flow chart in 1 staff issued the Draft EIS for the Columbia Gas feature on the Commission’s Web site appendix 1. Transmission Leach XPress Pipeline Project and the (www.ferc.gov) under the link to Columbia Gulf Transmission Rayne XPress 1 The appendices referenced in this notice will Expansion Project, which includes the proposed Documents and Filings. This is an easy not appear in the Federal Register. Copies of the Grayson Compressor Station. As of this date, the method for submitting brief, text-only appendices were sent to all those receiving this Commission has not authorized construction of comments on a project; notice in the mail and are available at www.ferc.gov these facilities.
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flow control capabilities at the existing • cumulative impacts. Currently Identified Environmental Leach C Meter Station in Boyd County, We will also evaluate possible Issues Kentucky. alternatives to the proposed project or We have already identified several All new compressor stations would portions of the project, and make issues that we think deserve attention include a building to house the recommendations on how to lessen or based on a preliminary review of the compressors; filter/separator and gas avoid impacts on the various resource proposed facilities and the cooling equipment; suction and areas. environmental information provided by discharge piping; and appurtenant The EIS will present our independent Columbia Gulf. This preliminary list of facilities. All stations would be fenced analysis of the issues. We will publish issues may change based on your and include a permanent access road. and distribute the draft EIS for public The general location of the project comments and our analysis. comment. After the comment period, we • facilities is shown in appendix 2. will consider all timely comments and air quality and noise impacts; • wildlife impacts; Land Requirements for Construction revise the document, as necessary, before issuing a final EIS. To ensure we • alternative compressor station The GXP would temporarily disturb have the opportunity to consider and locations; and about 198 acres during construction address your comments, please carefully • health and safety of nearby with approximately 82 acres converted follow the instructions in the Public residences during the operation of the to permanent use for station operations. Participation section, beginning on page proposed facilities. At the Grayson Compressor Station site, 2. Environmental Mailing List no additional land would be disturbed With this notice, we are asking during construction beyond that used agencies with jurisdiction by law and/ The environmental mailing list for the original facility. At the Leach C or special expertise with respect to the includes federal, state, and local Meter Station, approximately 1.4 acres environmental issues related to this government representatives and of land outside the existing station fence project to formally cooperate with us in agencies; elected officials; line would be temporarily disturbed the preparation of the EIS.4 Agencies environmental and public interest during construction. All permanent that would like to request cooperating groups; Native American Tribes; other modifications at the Leach C Meter agency status should follow the interested parties; and local libraries Station would occur within the existing instructions for filing comments and newspapers. This list also includes facility resulting in no new permanent provided under the Public Participation all who own homes within certain impacts from station operations. section of this notice. distances of the compressor and meter station facilities and anyone who The EIS Process Consultations Under Section 106 of the submits comments on the project. We National Historic Preservation Act The National Environmental Policy will update the environmental mailing Act (NEPA) requires the Commission to In accordance with the Advisory list as the analysis proceeds to ensure take into account the environmental Council on Historic Preservation’s that we send the information related to impacts that could result from an action implementing regulations for section this environmental review to all whenever it considers the issuance of a 106 of the National Historic individuals, organizations, and Certificate of Public Convenience and Preservation Act, we are using this government entities interested in and/or 3 Necessity. NEPA also requires us to notice to initiate consultation with the potentially affected by the proposed discover and address concerns the applicable State Historic Preservation project. public may have about proposals. This Office(s), and to solicit their views and Copies of the completed draft EIS will process is referred to as scoping. The those of other government agencies, be sent to the environmental mailing list main goal of the scoping process is to interested Indian tribes, and the public for public review and comment. If you focus the analysis in the EIS on the on the project’s potential effects on would prefer to receive a paper copy of important environmental issues. By this historic properties.5 We will define the the document instead of the CD version notice, the Commission requests public project-specific Area of Potential Effects or would like to remove your name from comments on the scope of the issues to (APE) in consultation with the SHPO(s) the mailing list, please return the address in the EIS. We will consider all as the project develops. On natural gas attached Information Request (appendix filed comments during the preparation facility projects, the APE at a minimum 3). of the EIS. encompasses all areas subject to ground In the EIS, we will discuss impacts disturbance (examples include Becoming an Intervenor that could occur as a result of the construction right-of-way, contractor/ You may want to become an construction and operation of the pipe storage yards, compressor stations, ‘‘intervenor,’’ which is an official party proposed project under these general and access roads). Our EIS for this to the Commission’s proceeding. headings: project will document our findings on Intervenors play a more formal role in • Geology and soils; the impacts on historic properties and the process and are able to file briefs, • water resources, fisheries, and summarize the status of consultations appear at hearings, and be heard by the wetlands; under section 106. courts if they choose to appeal the • vegetation and wildlife; Commission’s final ruling. An • endangered and threatened species; 4 The Council on Environmental Quality intervenor formally participates in the • cultural resources; regulations addressing cooperating agency proceeding by filing a request to • socioeconomics; responsibilities are at Title 40, Code of Federal intervene. Motions to intervene are • land use; Regulations, Part 1501.6. 5 more fully described at http:// • air quality and noise; The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal www.ferc.gov/resources/guides/how-to/ • public safety; and Regulations, Part 800. Those regulations define intervene.asp. Instructions for becoming historic properties as any prehistoric or historic 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the district, site, building, structure, or object included an intervenor are in the ‘‘Document-less environmental staff of the Commission’s Office of in or eligible for inclusion in the National Register Intervention Guide’’ under the ‘‘e-filing’’ Energy Projects. of Historic Places. link on the Commission’s Web site.
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Additional Information that the versions of the tariff sheets filed FOR FURTHER INFORMATION CONTACT: are accurate and complete. Shaun Maher, Video Division, Media Additional information about the Any party, as defined by 18 CFR Bureau, Federal Communications project is available from the 385.102(c), or any participant as defined Commission, [email protected], Commission’s Office of External Affairs by 18 CFR 385.102(b), is invited to (202) 418–2324. at (866) 208–FERC or on the FERC Web listen to the conference call. Persons site (www.ferc.gov) using the eLibrary SUPPLEMENTARY INFORMATION: In the wishing to become a party must move link. Click on the eLibrary link, click on Incentive Auction R&O, the Commission to intervene and receive intervenor ‘‘General Search’’ and enter the docket delegated authority to the Media Bureau status pursuant to the Commission’s number, excluding the last three digits to announce, after release of the regulations (18 CFR 385.214). in the Docket Number field (i.e., CP16– Channel Reassignment Public Notice The conference call will not be 361–000). Be sure you have selected an and after eligible full power and Class webcast or transcribed. However, an appropriate date range. For assistance, A television stations have an audio listen-only line will be provided. please contact FERC Online Support at opportunity to file construction permit Those wishing to access the listen-only [email protected] or toll free applications for their new facilities, line must email Sarah McKinley (Sarah. at (866) 208–3676, or for TTY, contact including an alternative channel or [email protected]) by 5:00 p.m. (202) 502–8659. The eLibrary link also expanded facility, a limited window for (Eastern Time) on June 9, 2016, provides access to the texts of formal operating LPTV and TV translator providing name, email, and phone documents issued by the Commission, stations to submit displacement number, in order to receive the call-in such as orders, notices, and applications. The Commission’s rules information the day before the rulemakings. limit eligibility to file in the conference call. Please use the following displacement window to ‘‘operating low In addition, the Commission offers a text for the subject line: ‘‘ER12–1266– power TV and TV translator stations free service called eSubscription, which 005 listen-only line registration.’’ that are displaced . . . as a result of the allows you to keep track of all formal Commission conferences are broadcast television spectrum incentive issuances and submittals in specific accessible under section 508 of the auction.’’ The Commission delegated dockets. This can reduce the amount of Rehabilitation Act of 1973. For authority to the Media Bureau to time you spend researching proceedings accessibility accommodations, please announce the terms of the limited by automatically providing you with send an email to [email protected] displacement window consistent with notification of these filings, document or call toll free 1 (866) 208–3372 (voice) the approach outlined in the Incentive summaries, and direct links to the or (202) 208–1659 (TTY), or send a FAX Auction R&O. documents. Go to www.ferc.gov/docs- to (202) 208–2106 with the required For these purposes, the Media filing/esubscription.asp. accommodations. announces that it interprets an Finally, public meetings or site visits For additional information, please ‘‘operating’’ LPTV or TV translator will be posted on the Commission’s contact Christopher Gore at (202) 502– station that is displaced as a result of calendar located at www.ferc.gov/ 8507, [email protected]. the incentive auction to mean one that EventCalendar/EventsList.aspx along Dated: June 2, 2016. is operating on the date of release of the with other related information. Kimberly D. Bose, Channel Reassignment Public Notice. Dated: June 2, 2016. Secretary. Moreover, the Media Bureau clarifies Kimberly D. Bose, that for these purposes a station is [FR Doc. 2016–13646 Filed 6–8–16; 8:45 am] Secretary. ‘‘operating’’ if it has licensed its BILLING CODE 6717–01–P [FR Doc. 2016–13649 Filed 6–8–16; 8:45 am] authorized construction permit facilities BILLING CODE 6717–01–P or has an application for a license to cover on file with the Commission on FEDERAL COMMUNICATIONS that date. LPTV stations will not be DEPARTMENT OF ENERGY COMMISSION required to actually cease operations on their current channels until well after Federal Energy Regulatory [DA 16–584] the Channel Reassignment Public Notice Commission Media Bureau Announces Date by is released. But the new full power and Class A channel assignments announced Notice of Conference Which LPTV and TV Translator Stations Must Be ‘‘Operating’’ in Order in the Channel Reassignment Public Notice and the new 600 MHz band plan Docket Nos. To Participate in Post-Incentive Auction Special Displacement Window announced contemporaneously will Midwest Independent ER12–1265–005 enable LPTV stations to determine Transmission System ER12–1265–006 AGENCY: Federal Communications whether they will eventually be Operator, Inc. Commission. required to move from their current Midwest Independent ER12–1266–005 ACTION: Notice. channel to accommodate a new primary Transmission System licensee and thus whether they would Operator, Inc. SUMMARY: In this document, the Media wish to consider filing for a Bureau of the Federal Communications displacement channel during the special On June 15, 2016, Commission staff Commission (Commission) announces displacement window. Determining the will hold a conference call with that, in order to participate in the post- universe of displaced operating LPTV Midcontinent Independent System Incentive Auction special displacement stations as of the release of the Channel Operator, Inc. (MISO) beginning at 10:00 window, low power television (LPTV) Reassignment Public Notice will also a.m. (Eastern Time). The purpose of the and TV translator stations must be assist the Media Bureau in identifying conference call is to discuss tariff operating on the date that the Channel channels that can be proposed by administration issues related to MISO’s Reassignment Public Notice is released displaced stations based on repacking pending compliance filings in the following the completion of the reverse and optimization software and issuing a above-captioned proceedings to ensure auction. public notice listing potential channel
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assignments in advance of the PERSON TO CONTACT FOR INFORMATION: available for inspection at the offices of displacement window. Judith Ingram, Press Officer, Telephone: the Board of Governors. Interested By announcing the deadline for (202) 694–1220. persons may express their views in writing on the standards enumerated in identifying operating LPTV stations Shelley E. Garr, now, well in advance of the release of the BHC Act (12 U.S.C. 1842(c)). If the Deputy Secretary. proposal also involves the acquisition of the Channel Reassignment Public [FR Doc. 2016–13760 Filed 6–7–16; 4:15 pm] Notice, the Media Bureau seeks to a nonbanking company, the review also BILLING CODE 6715–01–P provide LPTV and TV translator station includes whether the acquisition of the permittees with ‘‘sufficient warning of nonbanking company complies with the this crucial deadline to allow them to standards in section 4 of the BHC Act FEDERAL MINE SAFETY AND HEALTH complete construction and license (12 U.S.C. 1843). Unless otherwise REVIEW COMMISSION permitted facilities.’’ Permittees of noted, nonbanking activities will be digital LPTV and TV translators that are [BAC 6735–01] conducted throughout the United States. not operating on the date of release of Unless otherwise noted, comments the Channel Reassignment Public Notice Sunshine Act Notice regarding each of these applications must be received at the Reserve Bank will have to wait until the completion June 6, 2016. of the special displacement window for indicated or the offices of the Board of operating LPTV and TV translator FEDERAL REGISTER CITATION OF PREVIOUS Governors not later than July 5, 2016. A. Federal Reserve Bank of stations before being able to file a ANNOUNCEMENT: Document 2016–12966, Minneapolis (Jacquelyn K. Brunmeier, displacement application and propose a June 1, 2016. Assistant Vice President) 90 Hennepin channel from the smaller universe of PREVIOUSLY ANNOUNCED TIME AND DATE OF Avenue, Minneapolis, Minnesota unused television channels. MEETING: 10:00 a.m., Wednesday, June 8, 2016. 55480–0291: The Media Bureau also reminds LPTV 1. Northern Interstate Financial, Inc., and TV translator permittees that the PLACE: The Richard V. Backley Hearing Norway, Michigan; to merge with C.F.C. Commission has extended the Room, Room 511N, 1331 Pennsylvania Bancorp, Inc., and thereby indirectly construction deadline for new digital Avenue NW., Washington, DC 20004 acquire First National Bank of Crystal LPTV and TV translator stations to the (enter from F Street entrance). Falls, both in Crystal Falls, Michigan. new digital transition date for the LPTV STATUS: Open. and TV translator service, which is 51 CHANGES IN MEETING: The Commission Board of Governors of the Federal Reserve months after the release of the Channel has cancelled the meeting previously System, June 6, 2016. Reassignment Public Notice. Thus, any scheduled in Secretary of Labor v. Michele Taylor Fennell, construction efforts they may make American Coal Company, Docket No. Assistant Secretary of the Board. between now and release of the Channel LAKE 2011–13. [FR Doc. 2016–13639 Filed 6–8–16; 8:45 am] Reassignment Public Notice are CONTACT PERSON FOR MORE INFO: BILLING CODE 6210–01–P completely voluntary. Emogene Johnson (202) 434–9935/(202) This action is taken by the Chief, 708–9300 for TDD Relay/1–800–877– Media Bureau pursuant to authority 8339 for toll free. DEPARTMENT OF HEALTH AND delegated by 47 CFR 0.283 of the Sarah L. Stewart, HUMAN SERVICES Commission’s rules. Deputy General Counsel. Federal Communications Commission. Administration for Children and [FR Doc. 2016–13711 Filed 6–7–16; 11:15 am] Families Barbara Kreisman BILLING CODE P Chief, Video Division, Media Bureau. Proposed Information Collection [FR Doc. 2016–13624 Filed 6–8–16; 8:45 am] Activity; Comment Request Title: BILLING CODE 6712–01–P FEDERAL RESERVE SYSTEM Evaluation of the Child Welfare Capacity Building Collaborative: Part Formations of, Acquisitions by, and Two Mergers of Bank Holding Companies FEDERAL ELECTION COMMISSION OMB No.: New Collection. The companies listed in this notice Description Sunshine Act Meeting have applied to the Board for approval, pursuant to the Bank Holding Company The purpose of this evaluation is to AGENCY: Federal Election Commission. Act of 1956 (12 U.S.C. 1841 et seq.) respond to a set of cross-cutting (BHC Act), Regulation Y (12 CFR part evaluation questions posed by the DATE AND TIME: Tuesday, June 14, 2016 225), and all other applicable statutes Children’s Bureau. This new data at 10:00 a.m. and regulations to become a bank collection is the second part of a larger holding company and/or to acquire the data collection effort being conducted PLACE: 999 E Street NW., Washington, DC. assets or the ownership of, control of, or for the evaluation of the Child Welfare the power to vote shares of a bank or Capacity Building Collaborative. The STATUS: This meeting will be closed to bank holding company and all of the first group of instruments for this the public. banks and nonbanking companies evaluation has already been submitted, owned by the bank holding company, and a request for clearance has been ITEMS TO BE DISCUSSED: Compliance including the companies listed below. submitted to the Office of Management matters pursuant to 52 U.S.C. 30109. The applications listed below, as well and Budget (see Federal Register Matters concerning participation in as other related filings required by the Volume 80, No. 211, November 2, 2015 civil actions or proceeding, or Board, are available for immediate and Federal Register Volume 81, No. arbitration. inspection at the Federal Reserve Bank 41, March 2, 2016). This notice details * * * * * indicated. The applications will also be the second group of instruments that
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will be used for data collection as part the Centers are evaluable; the degree to receiving Center services; (2) a of this evaluation. The Evaluation of the which Centers follow common foundational assessment to capture Child Welfare Capacity Building protocols; whether service interventions contextual data regarding the Collaborative is sponsored by the are delivered or performed as designed; organizational health and functioning of Children’s Bureau, Administration for how satisfied recipients are with the child welfare agencies and courts; (3) a Children and Families of the U.S. services received; how effective the follow-up survey that will examine Department of Health and Human service interventions were; which short-term and intermediate outcomes Services. The Capacity Building service approaches were most effective among CIPs that receive different levels Collaborative includes three centers and under what conditions; and the of tailored services following (Center for States, Center for Tribes, costs of services. The Cross-Center continuous quality improvement (CQI) Center for Courts) funded by the Evaluation is utilizing a longitudinal workshops; and(4)a key informant Children’s Bureau to provide national mixed methods approach to evaluate the survey and interview to examine how child welfare expertise and evidence- Centers’ services as they develop and capacity building services are informed training and technical mature over the course of the study incorporated into state and tribal assistance services to State, Tribal and period. activities to support implementation of Territorial public child welfare agencies Multiple data collection strategies Public Law 113–183. Additional Center- and Court Improvement Programs (CIP). will be used to efficiently capture specific data sources proposed in this The Centers offer a wide array of quantitative and qualitative data to notice include (1) registration forms services including, but not limited to: enable analyses that address each such as webinar and CapLEARN evaluation question. The first set of Web-based content and resources, (learning management system) Cross-Center and Center-specific product development and registration forms and (2) service- instruments submitted as part of the dissemination, self-directed and group- specific feedback forms and interviews, larger information collection included: based training, virtual learning and peer such as the Center for States Tailored Satisfaction surveys to assess recipients’ networking events, and tailored Services interviews and the Center for satisfaction; a leadership interview, consultation and coaching. During the Courts Universal and Constituency administered to all State child welfare project period the Centers’ services will directors, Tribal child welfare directors, Services survey. be evaluated by both Center-specific and CIP coordinators that receive Respondents evaluations and a Cross-Center services; a Web-based collaboration Evaluation. The Center-specific survey, administered to the directors Respondents of this second set of data evaluations are designed to collect data and staff of the three Centers; collection instruments will include (1) on Center-specific processes and assessment tools; and service-specific child welfare agency staff and outcomes. feedback forms. stakeholders who directly receive The Cross-Center Evaluation will This second group of data sources services that have been tailored to the examine: The extent to which key proposed for the Cross-Center needs of their jurisdiction and (2) CIP partners across and within the Centers Evaluation in this notice include: (1) A coordinators, CIP Directors, and other are collaborating; whether the capacity capacity survey to capture perceived project staff. The proposed data building service interventions offered by changes in organizational capacity after collection will span three years.
ANNUAL BURDEN ESTIMATES
Annual Number of Average Instrument number of responses per burden hours Total annual respondents respondent per response burden hours
Capacity Survey ...... 462 1 .39 180.18 Foundational Assessment Survey ...... 277 1 .1 27.7 CQI Workshop Follow-Up Survey ...... 48 2 .12 11.52 P.L.113–183 Key Informant Survey ...... 52 1 .26 13.52 P.L. 113–183 Key Informant Interview ...... 5 1 1 5 Center for Courts: Universal and Constituency Services ...... 104 1 .41 42.64 Webinar Registration ...... 4,650 1 .03 139.5 Center for States: Tailored Services Interviews ...... 60 1 1 60 Center for States: Assessment and Work Planning Survey ...... 150 1 .25 37.5 CapLearn Registration ...... 600 1 .084 50.4
Estimated Total Annual Burden Families, Office of Planning, Research whether the information shall have Hours: 567.96. and Evaluation, 370 L’Enfant practical utility; (b) the accuracy of the In compliance with the requirements Promenade SW., Washington, DC 20447, agency’s estimate of the burden of the of Section 3506(c)(2)(A) of the Attn: OPRE Reports Clearance Officer. proposed collection of information; (c) Paperwork Reduction Act of 1995, the Email address: infocollection@ the quality, utility, and clarity of the Administration for Children and acf.hhs.gov. All requests should be information to be collected; and (d) Families is soliciting public comment identified by the title of the information ways to minimize the burden of the on the specific aspects of the collection. collection of information on information collection described above. The Department specifically requests respondents, including through the use Copies of the proposed collection of comments on (a) whether the proposed of automated collection techniques or information can be obtained and collection of information is necessary other forms of information technology. comments may be forwarded by writing for the proper performance of the Consideration will be given to to the Administration for Children and functions of the agency, including
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comments and suggestions submitted DEPARTMENT OF HEALTH AND Description: The ACF Office of within 60 days of this publication. HUMAN SERVICES Refugee Resettlement proposes to collect information from Ethnic Robert Sargis, Administration for Children and Community-Based Organizations Reports Clearance Officer. Families (ECBOs) awarded federal funds under [FR Doc. 2016–13610 Filed 6–8–16; 8:45 am] HHS–2016–ACF–ORR–1129. The BILLING CODE 4184–01–P Proposed Information Collection information, collected through a Activity; Comment Request questionnaire, is expected to provide information on Program objectives semi- Proposed Projects annually in order for program staff to Title: Ethnic Community Self-Help gauge the Program’s progress for Program Data Indicators. reporting and evaluation purposes. Respondents: ECBOs awarded under OMB No.: 0970—NEW. HHS–2016–ACF–ORR–1129.
ANNUAL BURDEN ESTIMATES
Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours
ECSH Data Indicators ...... 10 2 1 20
Estimated Total Annual Burden comments and suggestions submitted public regarding the burden estimate, Hours: 20. within 60 days of this publication. below, or any other aspect of the ICR. In compliance with the requirements Robert Sargis, DATES: Comments on the ICR must be of Section 506(c)(2)(A) of the Paperwork received on or before August 8, 2016. Reduction Act of 1995, the Reports Clearance Officer. ADDRESSES: Submit your comments to Administration for Children and [FR Doc. 2016–13662 Filed 6–8–16; 8:45 am] Information.CollectionClearance@ Families is soliciting public comment BILLING CODE 4184–01–P hhs.gov or by calling (202) 690–6162. on the specific aspects of the information collection described above. FOR FURTHER INFORMATION CONTACT: Copies of the proposed collection of DEPARTMENT OF HEALTH AND Information Collection Clearance staff, information can be obtained and HUMAN SERVICES Information.CollectionClearance@ comments may be forwarded by writing hhs.gov or (202) 690–6162. Office of the Secretary to the Administration for Children and SUPPLEMENTARY INFORMATION: When Families, Office of Planning, Research submitting comments or requesting and Evaluation, 330 C Street SW., [Document Identifier: HHS–OS–0937–0025– information, please include the Washington DC 20201. Attn: ACF 60D] document identifier HHS–OS–60D for Reports Clearance Officer. Email Agency Information Collection reference. address: [email protected]. All Activities; Proposed Collection; Public Information Collection Request Title: requests should be identified by the title Comment Request The Commissioned Corps of the U.S. of the information collection. Public Health Service application. The Department specifically requests AGENCY: Office of the Secretary, HHS. Abstract: The principal purpose for comments on: (a) Whether the proposed ACTION: Notice. collecting the information is to permit collection of information is necessary HHS to determine eligibility for for the proper performance of the SUMMARY: In compliance with section appointment of applicants into the functions of the agency, including 3506(c)(2)(A) of the Paperwork Commissioned Corps of the U.S. Public whether the information shall have Reduction Act of 1995, the Office of the Health Service (Corps). The Corps is one practical utility; (b) the accuracy of the Secretary (OS), Department of Health of the seven Uniformed Services of the agency’s estimate of the burden of the and Human Services, announces plans United States (37 U.S.C. 101(3)), and proposed collection of information; (c) to submit an Information Collection appointments in the Corps are made the quality, utility, and clarity of the Request (ICR), described below, to the pursuant to 42 U.S.C. 204 et seq. and 42 information to be collected; and (d) Office of Management and Budget CFR 21.58. The application consists of ways to minimize the burden of the (OMB). The ICR is for extending the use forms PHS–50, PHS–1813, and the collection of information on of the approved information collection Commissioned Corps Personal respondents, including through the use assigned OMB control number OMB No. Statement. of automated collection techniques or 0937–0025, which expires on November Likely Respondents: Candidates/ other forms of information technology. 30, 2016. Prior to submitting the ICR to Applicants to the Commissioned Corps Consideration will be given to OMB, OS seeks comments from the of the U.S. Public Health Service.
TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
Average Number of Number of burden per Total burden Form name Type of respondents respondents responses per response hours respondent (in hours)
Prequalification Questionnaire ...... Interested Health Professionals ...... 6,000 1 15/60 1,500
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TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS—Continued
Average Number of Number of burden per Total burden Form name Type of respondents respondents responses per response hours respondent (in hours)
Form PHS–50 ...... Health Professionals ...... 1,000 1 1.0 1,000 Form PHS–1813...... References (college professors/ 4,000 1 15/60 1,000 teachers). Addendum: Commissioned Corps Health Professionals ...... 1,000 ...... 45/60 750 Personal Statement.
Total ...... 4,250
OS specifically requests comments on information collection contained in this from other agencies in several respects. (1) the necessity and utility of the notice, especially regarding the Under the Act, the Secretary of proposed information collection for the estimated public burden and associated Department of Health and Human proper performance of the agency’s response time to: Office of Management Services is directed to enter into self- functions, (2) the accuracy of the and Budget, Office of Regulatory Affairs, determination contracts with Tribes estimated burden, (3) ways to enhance New Executive Office Building, Room upon request, unless specific the quality, utility, and clarity of the 10235, Washington, DC 20503, declination criteria apply, and, information to be collected, and (4) the Attention: Desk Officer for IHS. generally, Tribes may renew these use of automated collection techniques To request more information on the contracts annually, whereas other or other forms of information collection, or to obtain a copy of the agencies provide grants on a technology to minimize the information data collection instrument and discretionary or competitive basis. collection burden. instruction(s), contact Mr. Chris Additionally, IHS awards contracts for Buchanan by one of the following Terry S. Clark, multiple programs whereas other methods: agencies usually award single grants to Asst. Information Collection Clearance • Mail: Mr. Chris Buchanan, Director, Officer. Tribes. IHS Office of Direct Services and The IHS uses the information [FR Doc. 2016–13602 Filed 6–8–16; 8:45 am] Contracting Tribes (ODSCT), Indian BILLING CODE 4150–49–P collected to determine applicant Health Service, 5600 Fishers Lane, Mail eligibility, evaluate applicant Stop O8E17C, Rockville, MD 20857. • capabilities, protect the service Phone: 301–443–1104. population, safeguard Federal funds and DEPARTMENT OF HEALTH AND • Email: [email protected]. HUMAN SERVICES • Fax: 301–480–3192. other resources, and permit the Federal agency to administer and evaluate SUPPLEMENTARY INFORMATION: This Indian Health Service contract programs. Tribal governments previously approved information or Tribal organizations provide the collection project was last published in Request for Public Comment: 30 Day information by submitting contract the Federal Register (81 FR 24108), on Information Collection: Indian Self- proposals, and related information, to April 25, 2016 and allowed 60 days for Determination and Education the IHS, as required under Public Law public comment. No public comment Assistance Act Contracts 93–638. No third party notification or was received in response to the notice. public disclosure burden is associated AGENCY: Indian Health Service, HHS. The purpose of this notice is to allow 30 with this collection. ACTION: Notice and request for days for public comment to be comments. Request for extension of submitted directly to OMB. A copy of II. Request for Comments approval. the supporting statement is available at The IHS requests your comments on www.regulations.gov (see Docket ID SUMMARY: In compliance with the this collection concerning: (a) The IHS–2016–0003). Paperwork Reduction Act of 1995, the necessity of this information collection Indian Health Service (IHS) is I. Abstract for the proper performance of the submitting to the Office of Management Representatives of the IHS seek functions of the agency, including and Budget (OMB) a request for an renewal of the approval for information whether the information will have extension of a previously approved collections conducted under 25 CFR practical utility; (b) the accuracy of the collection of information titled, ‘‘Indian part 900, implementing the Indian Self- agency’s estimate of the burden (hours Self-Determination and Education Determination and Education and cost) of the collection of Assistance Act Contracts,’’ OMB Control Assistance Act (ISDEAA), as amended information, including the validity of Number 0917–0037. IHS is requesting (25 U.S.C. 450 et seq.), which describes the methodology and assumptions used; OMB to approve an extension for this how contracts are awarded to Indian (c) ways we could enhance the quality, collection, which expires on July 31, Tribes. The rule at 25 CFR part 900 was utility, and clarity of the information to 2016. developed through negotiated be collected; and (d) ways we could DATES: Comment Due Date: July 11, rulemaking with Tribes in 1996 and minimize the burden of the collection of 2016. Your comments regarding this governs, among other things, what must the information on the respondents. information collection are best assured be included in a Tribe’s initial ISDEAA Please note that an agency may not of having full effect if received within contract proposal to IHS. A response is conduct or sponsor, and an individual 30 days of the date of this publication. required to obtain and retain a benefit. need not respond to, a collection of ADDRESSES: Send your written The information requirements for this information unless it displays a valid comments and suggestions regarding the rule represent significant differences OMB Control Number.
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It is IHS policy to make all comments DEPARTMENT OF HOUSING AND waivers of regulations that HUD has available to the public for review at the URBAN DEVELOPMENT approved, by publishing a notice in the location listed in the ADDRESSES section. Federal Register. These notices (each [Docket No. FR–5946–N–01] Before including your address, phone covering the period since the most number, email address or other Notice of Regulatory Waiver Requests recent previous notification) shall: personally identifiable information in Granted for the First Quarter of a. Identify the project, activity, or your comment, you should be aware Calendar Year 2016 undertaking involved; that your entire comment—including b. Describe the nature of the provision your personal identifying information— AGENCY: Office of the General Counsel, waived and the designation of the may be made publicly available at any HUD. provision; time. While you can ask us in your ACTION: Notice. c. Indicate the name and title of the comment to withhold your personal person who granted the waiver request; identifying information from public SUMMARY: Section 106 of the Department d. Describe briefly the grounds for review, we cannot guarantee that we of Housing and Urban Development approval of the request; and will be able to do so. Reform Act of 1989 (the HUD Reform e. State how additional information Act) requires HUD to publish quarterly about a particular waiver may be III. Data Federal Register notices of all obtained. Section 106 of the HUD Reform Act OMB Control Number: 0917–0037. regulatory waivers that HUD has approved. Each notice covers the also contains requirements applicable to Title: Indian Self-Determination and quarterly period since the previous waivers of HUD handbook provisions Education Assistance Act Contracts, 25 Federal Register notice. The purpose of that are not relevant to the purpose of CFR part 900. this notice is to comply with the this notice. Brief Description of Collection: An requirements of section 106 of the HUD This notice follows procedures Indian Tribe or Tribal organization is Reform Act. This notice contains a list provided in HUD’s Statement of Policy required to submit this information each of regulatory waivers granted by HUD on Waiver of Regulations and Directives time that it proposes to contract with during the period beginning on January issued on April 22, 1991 (56 FR 16337). the IHS under the ISDEAA. Each 1, 2016, and ending on March 31, 2016. In accordance with those procedures response may vary in its length. In and with the requirements of section FOR FURTHER INFORMATION CONTACT: For 106 of the HUD Reform Act, waivers of addition, each Subpart of 25 CFR part general information about this notice, 900 concerns different parts of the regulations are granted by the Assistant contact Aaron Santa Anna, Assistant Secretary with jurisdiction over the contracting process. For example, General Counsel for Regulations, Subpart C relates to provisions of the regulations for which a waiver was Department of Housing and Urban requested. In those cases in which a contents for the initial contract Development, 451 7th Street SW., Room proposal. The respondents do not incur General Deputy Assistant Secretary 10276, Washington, DC 20410–0500, granted the waiver, the General Deputy the burden associated with Subpart C telephone 202–708–3055 (this is not a when contracts are renewed. Subpart F Assistant Secretary was serving in the toll-free number). Persons with hearing- absence of the Assistant Secretary in describes minimum standards for or speech-impairments may access this management systems used by Indian accordance with the office’s Order of number through TTY by calling the toll- Succession. Tribes or Tribal organizations under free Federal Relay Service at 800–877– these contracts. Subpart G addresses the This notice covers waivers of 8339. regulations granted by HUD from negotiability of all reporting and data For information concerning a requirements in the contracts. January 1, 2016 through March 31, 2016. particular waiver that was granted and For ease of reference, the waivers Responses are required to obtain or for which public notice is provided in retain a benefit. granted by HUD are listed by HUD this document, contact the person program office (for example, the Office Type of Review: Revision of currently whose name and address follow the of Community Planning and approved collection. description of the waiver granted in the Development, the Office of Fair Housing Respondents: Federally recognized accompanying list of waivers that have and Equal Opportunity, the Office of Indian Tribes and Tribal organizations. been granted in the first quarter of Housing, and the Office of Public and calendar year 2016. Number of Respondents: 566. Indian Housing, etc.). Within each SUPPLEMENTARY INFORMATION: Section program office grouping, the waivers are Estimated Number of Responses: 106 of the HUD Reform Act added a 1,510. listed sequentially by the regulatory new section 7(q) to the Department of section of title 24 of the Code of Federal Estimated Time per Response: Varies Housing and Urban Development Act Regulations (CFR) that is being waived. from 1 to 1,040 hours, with an average (42 U.S.C. 3535(q)), which provides For example, a waiver of a provision in of 15.968 hours per response. that: 24 CFR part 58 would be listed before Frequency of Response: Each time 1. Any waiver of a regulation must be a waiver of a provision in 24 CFR part programs, functions, services or in writing and must specify the grounds 570. activities are contracted from the IHS for approving the waiver; Where more than one regulatory under the ISDEAA. 2. Authority to approve a waiver of a provision is involved in the grant of a Estimated Total Annual Hour Burden: regulation may be delegated by the particular waiver request, the action is 24,112. Secretary only to an individual of listed under the section number of the Assistant Secretary or equivalent rank, first regulatory requirement that appears Dated: June 1, 2016. and the person to whom authority to in 24 CFR and that is being waived. For Elizabeth A. Fowler, waive is delegated must also have example, a waiver of both § 58.73 and Deputy Director for Management Operation, authority to issue the particular § 58.74 would appear sequentially in the Indian Health Service. regulation to be waived; listing under § 58.73. [FR Doc. 2016–13679 Filed 6–8–16; 8:45 am] 3. Not less than quarterly, the Waiver of regulations that involve the BILLING CODE 4165–16–P Secretary must notify the public of all same initial regulatory citation are in
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time sequence beginning with the Granted By: Harriet Tregoning, Principal reallocated under section 106(c)(4) of the earliest-dated regulatory waiver. Deputy Assistant Secretary for Community Housing and Community Development Act. Should HUD receive additional Planning and Development. The funds were to be used as a portion of the information about waivers granted Date Granted: January 11, 2016. requisite match for Hazard Mitigation Reason Waived: The county was allowed to during the period covered by this report Program Grant funds from the Federal shorten its comment period from 30 days to Emergency Management Agency (FEMA) for (the first quarter of calendar year 2016) 7 days so it could provide emergency voluntary buyouts of properties impacted by before the next report is published (the relocation assistance more quickly to the State Road 530 Flooding and Mudslide second quarter of calendar year 2016), qualified displaced low- and moderate- disaster. HUD will include any additional income residents displaced by an evacuation Nature of Requirement: The regulation at waivers granted for the first quarter in order. 24 CFR 570.200(g) requires that recipients the next report. Contact: Steve Johnson, Director, limit the amount of CDBG funds obligated for Accordingly, information about Entitlement Communities Division, planning and administration during each approved waiver requests pertaining to Community Planning and Development, program year to an amount no greater than Department of Housing and Urban 20 percent of the sum of its grant(s) made for HUD regulations is provided in the Development, 451 7th Street SW., Room Appendix that follows this notice. that program year plus the program income 7282, Washington, DC 20410, telephone (202) received by the recipient and its Dated: June 2, 2016. 402–4548. subrecipients during that program year. • Helen R. Kanovsky, Regulation: 24 CFR 92.214(a)(6). Granted By: Harriet Tregoning, Principal Project/Activity: The City of Salem, OR, General Counsel. Deputy Assistant Secretary for Community requested a waiver of 24 CFR 92.214(a)(6), Planning and Development. Appendix which prohibits additional assistance under Date Granted: January 29, 2016. HOME Investment Partnership (HOME) to a Reason Waived: The county did not receive Listing of Waivers of Regulatory project previously assisted with HOME funds its supplemental funds until midway through Requirements Granted by Offices of the during the period of affordability. The City its 2014 program year and anticipated the Department of Housing and Urban requested this waiver in order to invest need for additional administrative and Development January 1, 2016 Through $210,330 of HOME funds into three HOME planning obligations associated with the March 31, 2016 rental projects—Chemawa Village, Marilyn buyout activities, as it may take several years Note to Reader: More information about Townhomes, and Renaissance Place. to complete the activities and expend the the granting of these waivers, including a Nature of Requirement: The regulation at supplemental CDBG funds. copy of the waiver request and approval, may 24 CFR 92.214(a)(6) prohibits, except for one The waiver of the provisions of 24 CFR be obtained by contacting the person whose year after project completion, HOME 570.200(g) allows the obligation of up to 20 name is listed as the contact person directly assistance from being provided to a project percent of its supplemental award over the after each set of regulatory waivers granted. that was previously assisted with HOME life of the grant, rather than solely during funds during the period of affordability. The regulatory waivers granted appear in program year 2014. Absent a waiver, the Granted By: Harriet Tregoning, Principal the following order: county would effectively be prevented from Deputy Assistant Secretary for Community I. Regulatory waivers granted by the Office using the statutorily-allowed percentage of Planning and Development. of Community Planning and Development. funds for administrative and planning II. Regulatory waivers granted by the Office Date Granted: March 11, 2016. purposes needed to carry out activities under of Housing. Reason Waived: In 2013, HUD was notified its supplemental award. III. Regulatory waivers granted by the that Salem Kaiser Community Development Contact: Steve Johnson, Director of Office of Public and Indian Housing. Corporation (SKCDC), responsible for 148 Entitlement Communities Division, HOME-assisted rental units in 10 properties, Community Planning and Development, I. Regulatory Waivers Granted by the Office was experiencing financial and operational Department of Housing and Urban of Community Planning and Development issues. HUD provided extensive technical Development, 451 7th Street SW., Room For further information about the following assistance and in 2014 ownership of 7282, Washington, DC 20410, telephone (202) regulatory waivers, please see the name of SKCDC’s portfolio was transferred to Catholic 402–4548. the contact person that immediately follows Community Service Foundation (CCSF). A • Regulation: 24 CFR 570.200(h). the description of the waiver granted. portfolio analysis indicated that each of the Project/Activity: On January 28, 2016, HUD • Regulation: 24 CFR 91.105(c)(2). three projects—Chemawa Village, Marilyn issued a CPD Notice CPD–16–01 1 Project/Activity: Clackamas County, OR Townhomes, and Renaissance Place—had implementing procedures to govern the requested a waiver of 24 CFR 91.105(c)(2) in negative net operating income, was unable to submission and review of consolidated plans order to shorten its citizen comment period service debt flow, had significant deferred and action plans for FY 2016 funding prior for a Consolidated Plan amendment in order maintenance, and had no replacement to the enactment of a FY 2016 HUD to provide emergency relocation assistance to reserve. The City sought this waiver to assist appropriation bill. These procedures apply to qualified displaced low- and moderate- CCSF in preserving the affordable HOME- any Entitlement, Insular or Hawaii income residents of two apartment assisted units, by investing $210,330 of nonentitlement grantee with a program year complexes that required an emergency HOME funds, and an additional $251,808 of start date prior to, or up to 60 days after, evacuation in the storm affected area that CDBG funds, to rehabilitate 21 HOME units. HUD’s announcement of the FY 2016 formula experienced prolonged periods of heavy The investment of additional HOME funds is program funding allocations for CDBG, ESG, rainfall resulting in flooding, electrical still within the HOME maximum per-unit HOME and HOPWA formula funding. Any outages, and significant landslides. subsidy limits at 24 CFR 92.205(a). In grantee with an FY 2016 program year start Nature of Requirement: The regulation at addition, as a condition of the waiver, HUD date during the period starting October 1, 24 CFR 91.105(c)(2) requires that citizens be is requiring that the City extend the periods 2015, and ending August 16, 2016 or 60 days provided with reasonable notice and an of affordability for each of the three projects after HUD announcement of FY 2016 opportunity to comment on substantial for an additional five years. allocation amounts (whichever comes first), amendments to its consolidated plan. The Contact: Virginia Sardone, Director, Office is advised not to submit its consolidated citizen participation plan requires that of Affordable Housing Programs, Community plan/action plan until the FY 2016 formula citizens be given no less than 30 days to Planning and Development, Department of allocations have been announced. comment on substantial amendments before Housing and Urban Development, 451 7th Nature of Requirement: The Entitlement they are implemented. The city asked to Street SW., Room 7164, Washington, DC CDBG program regulations provide for shorten its citizen comment period to seven 20410, telephone (202) 708–2684. • days so that it may quickly reallocate Regulation: 24 CFR 570.200(g). 1 See https://www.hudexchange.info/resources/ Community Development Block Grant Project/Activity: In September 2014, documents/Notice-CPD-16-01-Guidance-on- (CDBG) funds on the effects of the extreme Snohomish County, WA received a $1.5 Submitting-Consolidated-Plans-and-Annual-Action- winter storms. million supplemental CDBG award that was Plans-for-FY-2016.pdf.
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situations in which a grantee may incur costs developers that backed out of the project for • Regulation: Neighborhood Stabilization against its CDBG grant prior to the award of financial and other reasons. HUD determined Program 3 Notice published on October 19, its grant from HUD. Under the regulations at that the new developer has a financially 2010, at 75 FR 64322 (II.H.3.F) in accordance 24 CFR 570.200(h), the effective date of a feasible project that would require at least 7 with Title XII of Division A under the grantee’s grant agreement is either the months to complete the project, which is heading Community Planning and grantee’s program year start date or the date beyond the time limitation of the execution Development: Community Development that the grantee’s annual action plan is of the Annual Contributions Contract. Fund of the American Recovery and received by HUD, whichever is later. This Contact: Norman Suchar, Director, Office Reinvestment Act of 2009. waiver would allow grantees to treat the of Special Needs Assistance Programs, Project/Activity: Saginaw, MI requested a effective date of the FY 2016 program year as Community Planning and Development, waiver of the 10 percent demolition cap the grantee’s program year start date or date Department of Housing and Urban under the Neighborhood Stabilization or the date that the grantee’s annual action Development, 451 7th Street SW., Room Program (NSP) which restricts grantees from plan is received by HUD, whichever is 7262, Washington, DC 20410, telephone (202) spending more than 10 percent of total grant earlier. 402–5015. funds on demolition activities. The Granted By: Harriet Tregoning, Principal • Regulation: Neighborhood Stabilization demolition waiver request submitted was for Deputy Assistant Secretary for Community Program 3 Notice published on October 19, $97,614 or eight percent of its NSP3 Planning and Development. 2010, at 75 FR 64322 (II.H.3.F) in accordance allocation, and was for the continued Date Granted: January 6, 2016, for effect on with Title XII of Division A under the demolition and removal of hazards and October 21, 2015. heading Community Planning and blighted properties. Reason Waived: Under the provisions of Development: Community Development Nature of Requirement: Section II.H.3.F of the Notice, a grantee’s action plan may not Fund of the American Recovery and the NSP3 Notice provides that a grantee may be submitted to (and thus received by) HUD Reinvestment Act of 2009. not use more than 10 percent of its grant for until several months after the grantee’s Project/Activity: Richland County, OH demolition activities. program year start date. Lengthy delays in the requested a waiver of the 10 percent Granted By: Harriet Tregoning, Principal receipt of annual appropriations by HUD, demolition cap under the Neighborhood Deputy Assistant Secretary for Community and implementation of the policy to delay Stabilization Program (NSP) which restricts Planning and Development. submission of FY 2016 Action Plans, may grantees from spending more than 10 percent Date Granted: February 24, 2016. have negative consequences for CDBG of total grant funds on demolition activities. Reason Waived: The market conditions in grantees that intend to incur eligible costs The demolition waiver request combined the Saginaw metro area require a mix of prior to the award of FY 2016 funding. Some Richland County’s program income demolition of unsafe structures coupled with activities might otherwise be interrupted ($50,062.41) with an earlier approved the preservation of housing units to stabilize while implementing these revised demolition waiver of $420,050, that total procedures. In addition, grantees might not $470,112.41. communities that have suffered from otherwise be able to use CDBG funds for These funds will be used to demolish foreclosures and abandonment. The housing planning and administrative costs of blighted and vacant structures that are vacancy rate in the NSP target area fluctuates administering their programs. In order to becoming prevalent in Richland County, between eighteen to 35 percent as of early address communities’ needs and to ensure specifically in the City of Mansfield. The use 2016, despite the fact that the unemployment that programs can continue without of these funds in target areas will allow the rate in the immediate area has steadily disturbance, this waiver will allow grantees county to remove hazards and the improved. The use of the final $97,614 is the to incur pre-award costs on a timetable destabilizing influence of blighted properties, most effective means to meet the needs of the comparable to that under which grantees while adding value to the neighborhood Saginaw community. have operated in past years. This waiver is stabilization strategy the county has Contact: Jessie Handforth Kome, Deputy available for use by any applicable CDBG undertaken. The ability to use program Director, Office of Block Grant Assistance, grantee whose action plan submission is income for demolition activities will allow Community Planning and Development, delayed past the normal submission date the county to close-out their NSP3 grant once Department of Housing and Urban because of delayed enactment of FY 2016 these funds are exhausted. Development, 451 7th Street SW., Room appropriations for the Department. This Nature of Requirement: Section II.H.3.F of 7286, Washington, DC 20410, telephone (202) waiver authority is only in effect until the NSP3 Notice provides that a grantee may 402–5539. August 16, 2016. not use more than ten percent of its grant for II. Regulatory Waivers Granted by the Office Contact: Steve Johnson, Director, demolition activities. of Housing—Federal Housing Entitlement Communities Division, Granted By: Harriet Tregoning, Principal Administration (FHA) Community Planning and Development, Deputy Assistant Secretary for Community Department of Housing and Urban Planning and Development. For further information about the following Development, 451 7th Street SW., Room Date Granted: March 25, 2016. regulatory waivers, please see the name of 7282, Washington, DC 20410, telephone (202) Reason Waived: The use of these funds in the contact person that immediately follows 402–4548. target areas will allow Richland County to the description of the waiver granted. • • Regulation: 24 CFR 882.806(a)(2)(ii). remove hazards and the destabilizing Regulation: 24 CFR 219.220(b). Project/Activity: The Housing Authority of influence of blighted properties, while Project/Activity: Woodland Christian the City of Los Angeles requested a waiver adding value to the neighborhood Towers, FHA Project Number 114–44801T, of 24 CFR 882.806(a)(2)(ii) to allow more stabilization strategy the county has Houston, Texas. Woodland Christian Towers, time to complete the rehabilitation of the undertaken. The county’s neighborhood Incorporated (Owner) seeks approval to defer Single Room Occupancy Marion Hotel stabilization strategy is in response to a repayment of the Flexible Subsidy Operating located at 642 Crocker Street. depressed housing market that has seen Assistance Loan on the subject project. Nature of Requirement: The regulation at Richland County incur 771 foreclosures in Nature of Requirement: The regulation at 24 CFR 882.806(a)(2)(ii) provides that the 2014, a twelve percent increase from the 684 24 CFR 219.220(b) (1995), which governs the owner must complete the rehabilitation of foreclosures the county suffered in 2013. The repayment of operating assistance provided the Section 8 Moderate Rehabilitation Single ability to use program income for demolition under the Flexible Subsidy Program for Room Occupancy (SRO) project and the activities will allow the county to close-out Troubled Properties, states ‘‘Assistance that contract executed within 12 months of the their NSP3 grant once these funds are has been paid to a project owner under this execution of the Annual Contributions exhausted. subpart must be repaid at the earlier of the Contract. Contact: Jessie Handforth Kome, Deputy expiration of the term of the mortgage, Granted By: Harriet Tregoning, Principal Director, Office of Block Grant Assistance, termination of mortgage insurance, Deputy Assistance Secretary for Community Office of Community Planning and prepayment of the mortgage, or a sale of the Planning and Development. Development, Department of Housing and project.’’ Date Granted: February 19, 2016. Urban Development, 451 7th Street SW., Granted by: Edward L. Golding, Principal Reason Waived: The Housing Authority of Room 7286, Washington, DC 20410, Deputy Assistant Secretary for Housing. the City of Los Angeles had two potential telephone (202) 402–5539. Date Granted: February 1, 2016.
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Reason Waived: The owner requested and Office of Housing, Department of Housing Urban Development, 451 7th Street SW., was granted waiver of the requirement to and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, repay the Flexible Subsidy Operating Room 2337, Washington, DC 20401, telephone (202) 402–8386. Assistance Loan in full when it became due. telephone (202) 402–2419. • Regulation: 24 CFR 891.165. Deferring the loan payment will preserve this • Regulation: 24 CFR 266.638(b) and (d). Project/Activity: Campbell Ridge affordable housing resource for an additional Project/Activity: Louisiana Housing Apartments, King, NC, Project Number: 053– 30 years through the execution and Corporation (LHC), New Orleans, Louisiana HD255/NC19–Q101–004. recordation of a Rental Use Agreement. Project, St. Martin Manor Project Number: Nature of Requirement: Section 891.165 Contact: James Wyatt, Account Executive, 064–98014, Project: Villa Additions, Project provides that the duration of the fund Field Asset Management and Program Number: 064–98017. reservation of the capital advance is 18- Administration Division, Office of Housing, Nature of Requirement: HUD’s regulation months from the date of issuance with Department of Housing and Urban at CFR 266.638(b) and (d) for debenture limited exceptions up to 36 months, as Development, 451 7th Street SW., Room maturity and interest rate requirement is that approved by HUD on a case-by-case basis. 6172, Washington, DC 20410, telephone (202) the HFA Debenture shall, during the Granted By: Edward L. Golding, Principal 402–2519. extended period, continue to bear interest as Deputy Assistant Secretary for Housing. • Regulation: 24 CFR 203.41 and 24 CFR described below at HUD’s published Date Granted: January 7, 2016. 206.45. debenture rate at the earlier of initial Reason Waived: Additional time was Project/Activity: Properties eligible for endorsement or final endorsement. The HFA needed for the office to update the firm FHA-insured mortgages. debenture extension shall bear interest at commitment package. Nature of Requirement: The Amended and HUD’s published debenture rate at the earlier Contact: Alicia Anderson, Branch Chief, Restated Condominium Bylaws of the of initial endorsement or final endorsement. Grants and New Funding, Office of Housing, Waterway Pines condominium project Granted By: Edward L. Golding, Principal Department of Housing and Urban contains restrictions on conveyance Deputy Assistant Secretary for Housing. Development, 451 7th Street SW., Room rendering this project, as provided in 24 CFR Date Granted: March 30, 2016. 6138, Washington, DC 20410, telephone (202) 402–5787. 203.41, ineligible for FHA approval. Reason Waived: The waiver will ensure • Additionally, any Home Equity Conversion that LHC is able to complete the re- Regulation: 24 CFR 891.165. Mortgage (HECM) secured by a dwelling development of the two properties and Project/Activity: VOA Living Center of subject to the covenants is ineligible, a replace needed affordable housing in New Lake City, Lake City, FL, Project Number: provided in 24 CFR 206.45, for FHA Orleans. The waiver is an extension of a 063–HD030/FL29–Q101–004. insurance as HECM properties are required to previously granted waiver for the debenture Nature of Requirement: Section 891.165 provides that the duration of the fund be freely marketable and only permits a interest accruals, and the Katrina related reservation of the capital advance is 18- property to have a restriction on conveyance claims were related to an extraordinary months from the date of issuance with when permitted. The waiver is applicable to natural disaster. limited exceptions up to 36 months, as issuance of a case number for the property Contact: Theodore K. Toon, Director, Office approved by HUD on a case-by-case basis. located at 367 Timberlake Drive E, Unit #125, of Multifamily Housing Development, Office Granted By: Edward L. Golding, Principal Holland, Michigan 49424 only. of Housing, Department of Housing and Deputy Assistant Secretary for Housing. Granted By: Edward L. Golding, Principal Urban Development, 451 7th Street SW., Date Granted: February 28, 2016. Deputy Assistant Secretary for Housing. Room 6134, Washington, DC 20410, Reason Waived: Additional time was Date Granted: February 29, 2016. telephone (202) 402–8386. • needed for the office to review the initial Reason Waived: Due to extenuating Regulation: 24 CFR 266.100(a)(5). closing package. circumstances, this waiver was issued so that Project/Activity: Utah Housing Corporation Contact: Alicia Anderson, Branch Chief, the purchaser did not lose the opportunity to (UHC), West Valley City, Utah. Grants and New Funding, Office of Housing, purchase an affordable housing unit based on Nature of Requirement: The regulation at Department of Housing and Urban the Association Board’s reluctance to amend 24 CFR 266.100(a)(5) requires housing Development, 451 7th Street SW., Room the legal documents to obtain FHA finance agencies seeking participation in the 6138, Washington, DC 20410, telephone (202) condominium project approval. Section 542(c) HFA Risk Sharing program to 402–5787. Contact: Elissa O. Saunders, Director, have at least 5 years of experience in • Regulation: 24 CFR 891.165. Office of Single Family Program multifamily underwriting. Project/Activity: Victoria at COMM22, San Development, Office of Housing, Department Granted by: Edward L. Golding, Principal Diego, CA, Project Number: 129–EE036/ of Housing and Urban Development, 451 7th Deputy Assistant Secretary for Housing. CA33–S101–001. Street SW., Room 9278, Washington, DC Date Granted: March 30, 2016. Nature of Requirement: Section 891.165 20410, telephone (202) 708–2121. Reason Waived: HUD determined that UHC provides that the duration of the fund • Regulation: 24 CFR 232.7. is a qualified and experienced agency and reservation of the capital advance is 18- Project/Activity: Les Mason is a memory meets the basic program qualifications and months from the date of issuance with care facility. The facility does not meet the documented significant financial capacity to limited exceptions up to 36 months, as requirements of 24 CFR 232.7 ‘‘Bathroom’’ of participate in the Risk Sharing Program. approved by HUD on a case-by-case basis. FHA’s regulations. The project is located in UHC’s waiver approval and participating in Granted By: Edward L. Golding, Principal Crever Coeur, MO. the Risk Sharing Program are subject to the Deputy Assistant Secretary for Housing. Nature of Requirement: The regulation at following conditions: (1) UHC participation Date Granted: March 31, 2016. 24 CFR 232.7 mandates in a board and care will be limited to Level I (50/50) risk share Reason Waived: Additional time was home or assisted living facility that not less only (UHC has the option to apply for level needed to meet other requirements of the than one full bathroom must be provided for II risk share status once five years of State of California and the tax credit investor every four residents. Also, the bathroom successful underwriting has been achieved.); for receipt of their loans and capital cannot be accessed from a public corridor or (2) UHC will confirm that it continues to contributions. area. hold an issuer rating of ‘‘A’’ or better from Contact: Alicia Anderson, Branch Chief, Granted By: Edward L. Golding, Principal a national credit rating agency; (3) UHC will Grants and New Funding, Office of Housing, Deputy Assistant Secretary for Housing. operate under a probationary period, until Department of Housing and Urban Date Granted: February 29, 2016. such time as it has obtained two Firm Development, 451 7th Street SW., Room Reason Waived: The project is for memory Commitments for two risk share transactions; 6138, Washington, DC 20410, telephone (202) care, all rooms have half-bathrooms and the and (4) UHC will work with the Denver Hub 402–5787. resident to full bathroom ratio is 11: 1. The to complete a quality assurance review to • Regulation: Waiver of Requirements of project meets the State of Missouri’s ensure that UHC has complied with its own Mortgagee Letter 2011–22, Condominium licensing requirements for bathing and procedures for project underwriting. Project Approval and Processing Guide, toileting facilities. Contact: Theodore K. Toon, Director, Office Insurance Requirements. Contact: Vance T. Morris, Operations of Multifamily Housing Development, Office Project/Activity: Properties eligible for Manager, Office of Healthcare Programs, of Housing, Department of Housing and FHA-insured mortgages.
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Nature of Requirement: FHA’s current Contact: Dee Ann R. Walker, Acting resulting in the HA’s auditor issuing a insurance requirement is that a HOA Program Manager, NASS, Real Estate Disclaimer of opinion for FYE June 30, 2014, maintain master master/blanket hazard and Assessment Center, Office of Public and audited financial statements, and issued an liability property insurance for the Indian Housing, Department of Housing and adverse opinion on the Major Federal replacement cost of the entire project, Urban Development, 550 12th Street SW., Program Compliance for the Housing Choice including the structures. Room 100, Washington, DC 20410, telephone Vouchers program and the Mainstream Granted By: Edward L. Golding, Principal (202) 475–7908. Vouchers program. In addition, the Finance Deputy Assistant Secretary for Housing. • Regulation: 24 CFR 5.801(c)(1) and Supervisor was fired as a result of fraud Date Granted: January 5, 2016. (d)(1). allegations and the Finance Director Reason Waived: In some circumstances, Project/Activity: Mohave County Housing resigned. The HA has until May 31, 2016, to HOA legal governing documents assign the Authority (AZ043). complete and submit its audited financial responsibility to the individual unit owner to Nature of Requirement: The regulation data to HUD. The additional time would obtain and maintain insurance coverage for establishes certain reporting compliance allow the auditor necessary time to compile certain condominium project types; dates. The audited financial statements are and complete the agency’s audited financial Manufactured Housing Condominium Project required to be submitted to the Real Estate data report. This FASS audited financial (MHCP), Detached Condominium Housing Assessment Center (REAC) no later than nine submission waiver (extension) does not Project (DCHP), and Common Interest months after the housing authority’s (HA) apply to Single Audit submissions to the Housing Development (CIHD). To assist in fiscal year end (FYE), in accordance with the Federal Audit Clearinghouse and the HA is ensuring the continued availability of Single Audit Act and OMB Circular A–133. required to meet the Single Audit due dates. affordable housing, a waiver of the current Granted By: Lourdes Castro Ramı´rez, Contact: Dee Ann R. Walker, Acting condominium unit insurance requirements Principal Deputy Assistant Secretary for Program Manager, NASS, Real Estate that allow the individual unit owner to Public and Indian Housing. Assessment Center, Office of Public and obtain and maintain their own insurance Date Granted: March 7, 2016. Indian Housing, Department of Housing and coverage is required. The issuance of the Reason Waived: The (HA is a Section 8 Urban Development, 550 12th Street SW., waiver is consistent with the Department’s only entity requesting additional time to Room 100, Washington, DC 20410, telephone objectives to expand access to mortgage (202) 475–7908. submit its audited financial data for its fiscal • credit, while providing appropriate year end (FYE) of June 30, 2015. The County- Regulation: 24 CFR 982.503(a)(3) and safeguards to waive the insurance wide report for the state of Arizona’s Office (c)(2). requirements. of the Auditor General had been delayed due Project/Activity: Housing Authority of the Contact: Elissa O. Saunders, Director, to incomplete information of pension City of Los Angeles (HACLA) in Los Angeles, Office of Single Family Program financial liability; the HA is requesting a 60- California, requested a waiver of 24 CFR 982.503(a)(3) and 982.503(c)(2) so that it Development, Office of Housing, Department day extension to align with the state’s could establish different payment standard of Housing and Urban Development, 451 7th audited financial report. The HA has until amounts for its HUD-Veterans Affairs Street SW., Room 9278, Washington, DC May 31, 2016, to complete and submit its Supportive Housing (VASH) participants. 20410, telephone (202) 708–2121. audited financial data to HUD. The Nature of Requirement: The regulation at III. Regulatory Waivers Granted by the additional time would allow the auditor 24 CFR 982.503(a)(3) states that the public Office of Public and Indian Housing necessary time to compile and complete the housing agency’s (PHA) voucher payment agency’s audited financial data report. For further information about the following standard schedule shall establish a single regulatory waivers, please see the name of This FASS audited financial submission payment standard amount for each unit size. the contact person that immediately follows waiver (extension) does not apply to Single For each unit size, the PHA may establish a the description of the waiver granted. Audit submissions to the Federal Audit single payment standard amount for the • Regulation: 24 CFR 5.801(c)(1) and Clearinghouse and the HA is required to meet whole fair market rent (FMR) area, or may (d)(1). the Single Audit due dates. establish a separate payment standard Project/Activity: Haverhill Housing Contact: Dee Ann R. Walker, Acting amount for each designated part of the FMR Authority (MA087). Program Manager, NASS, Real Estate area. The regulation at 24 CFR 982.503(c)(2) Nature of Requirement: The regulations Assessment Center, Office of Public and states that the HUD Field Office may approve establish certain reporting compliance dates. Indian Housing, Department of Housing and an exception payment standard amount from The audited financial statements are required Urban Development, 550 12th Street SW., 110 percent of the published FMR to 120 to be submitted to the Real Estate Assessment Room 100, Washington, DC 20410, telephone percent of the published FMR if the Field Center (REAC) no later than nine months (202) 475–7908. Office determines that approval is justified • after the housing authority’s (HA) fiscal year Regulation: 24 CFR 5.801(c)(1) and by either the median rent method or the 40th end (FYE), in accordance with the Single (d)(1). or 50th percentile rent method and that such Audit Act and OMB Circular A–133. Project/Activity: Tallahassee Housing approval is also supported by an appropriate Granted By: Lourdes Castro Ramı´rez, Authority (FL073). program justification. Principal Deputy Assistant Secretary for Nature of Requirement: The regulation Granted By: Lourdes Castro Ramı´rez, Public and Indian Housing. establishes certain reporting compliance Principal Deputy Assistant Secretary for Date Granted: February 23, 2016. dates. The audited financial statements are Public and Indian Housing. Reason Waived: The HA is a Section 8 only required to be submitted to the Real Estate Date Granted: January 28, 2016. entity with the Housing Choice Program, Assessment Center (REAC) no later than nine Reason Waived: HACLA wished to requesting additional time to submit its months after the housing authority’s (HA) establish a different payment standard audited financial data for fiscal year end fiscal year end (FYE), in accordance with the schedule for participants in its HUD–VASH (FYE) March 31, 2015. The agency’s fee Single Audit Act and OMB Circular A–133. program because these families are accountant was unable to complete a Granted By: Lourdes Castro Ramı´rez, traditionally more difficult to house when scheduled merger with an auditing firm in Principal Deputy Assistant Secretary for affordable housing is in short supply. time enough to perform and submit the Public and Indian Housing. Contact: Becky Primeaux, Housing audited information. The HA has until March Date Granted: March 25, 2016. Voucher Management and Operations 31, 2016, to complete and submit its audited Reason Waived: The HA is requesting an Division, Office of Public Housing and financial data to the Department. The additional time to submit its audited Voucher Programs, Office of Public and additional time would allow the auditor financial data for its fiscal year end (FYE) of Indian Housing, Department of Housing and necessary time to compile and complete the June 30, 2015. The HAs cash balances for FY Urban Development, 451 7th Street SW., agency’s audited financial data report. 2014 and FY 2015 were not reconciled as a Room 4216, Washington, DC 20410, This FASS audited financial submission result of converting to a new accounting telephone (202) 708–0477. waiver (extension) does not apply to Single system and a new software system. Also, the • Regulation: 24 CFR 982.503(a)(3) and Audit submissions to the Federal Audit cash transactions were posted to incorrect (c)(2). Clearinghouse and the HA is required to meet funds and charged to incorrect bank accounts Project/Activity: Housing Authority of the the Single Audit due dates. which rendered the HA’s records unreliable County of Los Angeles (HACoLA) in
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Alhambra, California, requested a waiver of Date Granted: February 10, 2016. allow a disabled participant to receive 24 CFR 982.503(a)(3) and 982.503(c)(2) so Reason Waived: HACSR wished to housing assistance and pay no more than 40 that it could establish different payment establish a different payment standard percent of its adjusted income toward the standard amounts for its HUD-Veterans schedule for participants in its HUD–VASH family share. Affairs Supportive Housing (VASH) program because these families are Contact: Becky Primeaux, Housing participants. traditionally more difficult to house when Voucher Management and Operations Nature of Requirement: The regulation at affordable housing is in short supply. Division, Office of Public Housing and 24 CFR 982.503(a)(3) states that the public Contact: Becky Primeaux, Housing Voucher Programs, Office of Public and housing agency’s (PHA) voucher payment Voucher Management and Operations Indian Housing, Department of Housing and standard schedule shall establish a single Division, Office of Public Housing and Urban Development, 451 7th Street SW., payment standard amount for each unit size. Voucher Programs, Office of Public and Room 4216, Washington, DC 20410, For each unit size, the PHA may establish a Indian Housing, Department of Housing and telephone (202) 708–0477. single payment standard amount for the Urban Development, 451 7th Street SW., • Regulation: 24 CFR 982.505(d). whole fair market rent (FMR) area, or may Room 4216, Washington, DC 20410, Project/Activity: New York Homes and establish a separate payment standard telephone (202) 708–0477. Community Renewal (NYHCR), in New York, amount for each designated part of the FMR • Regulation: 24 CFR 982.503(c), (c)(4)(ii) New York requested a waiver of 24 CFR area. The regulation at 24 CFR 982.503(c)(2) and (c)(5). 982.505(d) so that it could approve an states that the HUD Field Office may approve Project/Activity: Burleigh County Housing exception payment standard amount above an exception payment standard amount from Authority (BCHA) in Bismarck, North 120 percent of the FMR as a reasonable 110 percent of the published FMR to 120 Dakota, requested waivers of 24 CFR accommodation. percent of the published FMR if the Field 982.503(c), (c)(4)(ii) and (c)(5) so that it could Nature of Requirement: The regulation at Office determines that approval is justified establish exception payment standards at 120 24 CFR 982.505(d) states that a public by either the median rent method or the 40th percent of the FMRs due to oil exploration’s housing agency may only approve a higher or 50th percentile rent method and that such effect on housing. payment standard for a family as a reasonable approval is also supported by an appropriate Nature of Requirement: The regulation at accommodation if the higher payment program justification. 24 CFR 982.503(c) establishes the standard is no more than 120 percent of the Granted By: Lourdes Castro Ramı´rez, methodology for establishing exception fair market rent (FMR) for the unit size. Principal Deputy Assistant Secretary for payment standards for an area. The Granted By: Lourdes Castro Ramı´rez, Public and Indian Housing. regulation at 24 CFR 503(c)(4)(ii) states that Principal Deputy Assistant Secretary for Date Granted: February 5, 2016. HUD will only approve an exception Public and Indian Housing. Reason Waived: HACoLA wished to payment standard amount after six months Date Granted: January 7, 2016. establish a different payment standard from the date of HUD approval of an Reason Waived: This regulation was exception payment standard amount above schedule for participants in its HUD–VASH waived as a reasonable accommodation to program because these families are 110 percent to 120 percent of the published allow a disabled participant to receive traditionally more difficult to house when fair market rent (FMR). The regulation at 24 housing assistance and pay no more than 40 affordable housing is in short supply. CFR 982.503(c)(5) states that the total percent of its adjusted income toward the Contact: Becky Primeaux, Housing population of a HUD-approved exception family share. Voucher Management and Operations areas in an FMR area may not include more Contact: Becky Primeaux, Housing Division, Office of Public Housing and than 50 percent of the population of the FMR Voucher Management and Operations Voucher Programs, Office of Public and area. Indian Housing, Department of Housing and Granted By: Lourdes Castro Ramı´rez, Division, Office of Public Housing and Urban Development, 451 7th Street SW., Principal Deputy Assistant Secretary for Voucher Programs, Office of Public and Room 4216, Washington, DC 20410, Public and Indian Housing. Indian Housing, Department of Housing and telephone (202) 708–0477. Date Granted: February 26, 2016. Urban Development, 451 7th Street SW., • Regulation: 24 CFR 982.503(a)(3) and Reason Waived: These waivers were Room 4216, Washington, DC 20410, telephone (202) 708–0477. (c)(2). granted because of increased economic • Project/Activity: Housing Authority of the activity and lack of affordable housing due to Regulation: 24 CFR 982.505(d). County of the City of Santa Rosa in Santa natural resource exploration. Project/Activity: Peninsula Housing Rosa (HACSR), California, requested a waiver Contact: Becky Primeaux, Director, Authority (PHA) in Port Angeles, of 24 CFR 982.503(a)(3) and 982.503(c)(2) so Housing Voucher Management and Washington, requested a waiver of 24 CFR that it could establish different payment Operations Division, Office of Public 982.505(d) so that it could approve an standard amounts for its HUD-Veterans Housing and Voucher Programs, Office of exception payment standard amount above Affairs Supportive Housing (VASH) Public and Indian Housing, Department of 120 percent of the FMR as a reasonable participants. Housing and Urban Development, 451 7th accommodation. Nature of Requirement: The regulation at Street SW., Room 4216, Washington, DC Nature of Requirement: The regulation at 24 CFR 982.503(a)(3) states that the public 20410, telephone (202) 708–0477. 24 CFR 982.505(d) states that a public housing agency’s (PHA) voucher payment • Regulation: 24 CFR 982.505(d). housing agency may only approve a higher standard schedule shall establish a single Project/Activity: Housing Authority of the payment standard for a family as a reasonable payment standard amount for each unit size. County of Alameda (HACA) in Hayward accommodation if the higher payment For each unit size, the PHA may establish a California, requested a waiver of 24 CFR standard is no more than 120 percent of the single payment standard amount for the 982.505(d) so that it could approve an fair market rent (FMR) for the unit size. whole fair market rent (FMR) area, or may exception payment standard amount above Granted By: Lourdes Castro Ramı´rez, establish a separate payment standard 120 percent of the FMR as a reasonable Principal Deputy Assistant Secretary for amount for each designated part of the FMR accommodation. Public and Indian Housing. area. The regulation at 24 CFR 982.503(c)(2) Nature of Requirement: The regulation at Date Granted: February 3, 2016. states that the HUD Field Office may approve 24 CFR 982.505(d) states that a public Reason Waived: This regulation was an exception payment standard amount from housing agency may only approve a higher waived as a reasonable accommodation to 110 percent of the published FMR to 120 payment standard for a family as a reasonable allow a disabled participant to receive percent of the published FMR if the Field accommodation if the higher payment housing assistance and pay no more than 40 Office determines that approval is justified standard is no more than 120 percent of the percent of its adjusted income toward the by either the median rent method or the 40th fair market rent (FMR) for the unit size. family share. or 50th percentile rent method and that such Granted By: Lourdes Castro Ramı´rez, Contact: Becky Primeaux, Housing approval is also supported by an appropriate Principal Deputy Assistant Secretary for Voucher Management and Operations program justification. Public and Indian Housing. Division, Office of Public Housing and Granted By: Lourdes Castro Ramı´rez, Date Granted: January 7, 2016. Voucher Programs, Office of Public and Principal Deputy Assistant Secretary for Reason Waived: This regulation was Indian Housing, Department of Housing and Public and Indian Housing. waived as a reasonable accommodation to Urban Development, 451 7th Street SW.,
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Room 4216, Washington, DC 20410, payment standard for a family as a reasonable percent of its adjusted income toward the telephone (202) 708–0477. accommodation if the higher payment family share. • Regulation: 24 CFR 982.505(d). standard is no more than 120 percent of the Contact: Becky Primeaux, Housing Project/Activity: Howard County Housing fair market rent (FMR) for the unit size. Voucher Management and Operations (HCH) in Columbia, Maryland, requested a Granted By: Lourdes Castro Ramı´rez, Division, Office of Public Housing and waiver of 24 CFR 982.505(d) so that it could Principal Deputy Assistant Secretary for Voucher Programs, Office of Public and approve an exception payment standard Public and Indian Housing. Indian Housing, Department of Housing and amount above 120 percent of the FMR as a Date Granted: February 26, 2016. Urban Development, 451 7th Street SW., reasonable accommodation. Reason Waived: This regulation was Room 4216, Washington, DC 20410, Nature of Requirement: The regulation at waived as a reasonable accommodation to telephone (202) 708–0477. 24 CFR 982.505(d) states that a public allow a disabled participant to receive • Regulation: 24 CFR 985.101(a). housing agency may only approve a higher housing assistance and pay no more than 40 Project/Activity: Deerfield Beach Housing payment standard for a family as a reasonable percent of its adjusted income toward the Authority (DBHA) in Deerfield Beach, accommodation if the higher payment family share. Florida, requested a waiver of 24 CFR standard is no more than 120 percent of the Contact: Becky Primeaux, Housing 985.101(a) so that it could submit its Section fair market rent (FMR) for the unit size. Voucher Management and Operations Eight Management Assessment Program Granted By: Lourdes Castro Ramı´rez, Division, Office of Public Housing and (SEMAP) certification after the deadline. Principal Deputy Assistant Secretary for Voucher Programs, Office of Public and Nature of Requirement: The regulation at Public and Indian Housing. Indian Housing, Department of Housing and 24 CFR 985.101(a) states a PHA must submit Date Granted: February 5, 2016. Urban Development, 451 7th Street SW., the HUD-required SEMAP certification form Reason Waived: This regulation was Room 4216, Washington, DC 20410, within 60 calendar days after the end of its waived as a reasonable accommodation to telephone (202) 708–0477. fiscal year. allow a disabled participant to receive • Regulation: 24 CFR 982.505(d). Granted By: Lourdes Castro Ramı´rez, housing assistance and pay no more than 40 Project/Activity: Medford Housing Principal Deputy Assistant Secretary for percent of its adjusted income toward the Authority (MHA) in Medford, Massachusetts, Public and Indian Housing. family share. requested a waiver of 24 CFR 982.505(d) so Date Granted: February 24, 2016. Contact: Becky Primeaux, Housing that it could approve an exception payment Reason Waived: This waiver was granted Voucher Management and Operations standard amount above 120 percent of the because for the DBHA’s fiscal year ending Division, Office of Public Housing and FMR as a reasonable accommodation. September 30, 2015. The waiver was Voucher Programs, Office of Public and Nature of Requirement: The regulation at approved because of circumstances beyond Indian Housing, Department of Housing and 24 CFR 982.505(d) states that a public the PHA’s control and to prevent additional Urban Development, 451 7th Street SW., housing agency may only approve a higher administrative burdens for the PHA and field Room 4216, Washington, DC 20410, payment standard for a family as a reasonable office. telephone (202) 708–0477. accommodation if the higher payment Contact: Becky Primeaux, Housing • Regulation: 24 CFR 982.505(d). standard is no more than 120 percent of the Voucher Management and Operations Project/Activity: Boston Housing Authority fair market rent (FMR) for the unit size. Division, Office of Public Housing and (BHA) in Boston, Massachusetts, requested a Granted By: Lourdes Castro Ramı´rez, Voucher Programs, Office of Public and waiver of 24 CFR 982.505(d) so that it could Principal Deputy Assistant Secretary for Indian Housing, Department of Housing and approve an exception payment standard Public and Indian Housing. Urban Development, 451 7th Street SW., amount above 120 percent of the FMR as a Date Granted: March 23, 2016. Room 4216, Washington, DC 20410, reasonable accommodation. Reason Waived: This regulation was telephone (202) 708–0477. Nature of Requirement: The regulation at waived as a reasonable accommodation to • Regulation: 24 CFR 985.101(a). 24 CFR 982.505(d) states that a public allow a disabled participant to receive Project/Activity: Lake County Housing housing agency may only approve a higher housing assistance and pay no more than 40 Authority (LCHA) in Grayslake, Illinois, payment standard for a family as a reasonable percent of its adjusted income toward the requested a waiver of 24 CFR 985.101(a) so accommodation if the higher payment family share. that it could submit its Section Eight standard is no more than 120 percent of the Contact: Becky Primeaux, Housing Management Assessment Program (SEMAP) fair market rent (FMR) for the unit size. Voucher Management and Operations certification after the deadline. Granted By: Lourdes Castro Ramı´rez, Division, Office of Public Housing and Nature of Requirement: The regulation at Principal Deputy Assistant Secretary for Voucher Programs, Office of Public and 24 CFR 985.101(a) states a PHA must submit Public and Indian Housing. Indian Housing, Department of Housing and the HUD-required SEMAP certification form Date Granted: February 26, 2016. Urban Development, 451 7th Street SW., within 60 calendar days after the end of its Reason Waived: This regulation was Room 4216, Washington, DC 20410, fiscal year. waived as a reasonable accommodation to telephone (202) 708–0477. Granted By: Lourdes Castro Ramı´rez, allow a disabled participant to receive • Regulation: 24 CFR 982.505(d). Principal Deputy Assistant Secretary for housing assistance and pay no more than 40 Project/Activity: Colorado Division of Public and Indian Housing. percent of its adjusted income toward the Housing (CDH) in Denver, Colorado, Date Granted: March 3, 2016. family share. requested a waiver of 24 CFR 982.505(d) so Reason Waived: This waiver was granted Contact: Becky Primeaux, Housing that it could approve an exception payment because for the LCHA’s fiscal year ending Voucher Management and Operations standard amount above 120 percent of the September 30, 2015. The waiver was Division, Office of Public Housing and FMR as a reasonable accommodation. approved because of circumstances beyond Voucher Programs, Office of Public and Nature of Requirement: The regulation at the PHA’s control and to prevent additional Indian Housing, Department of Housing and 24 CFR 982.505(d) states that a public administrative burdens for the PHA and field Urban Development, 451 7th Street SW., housing agency may only approve a higher office. Room 4216, Washington, DC 20410, payment standard for a family as a reasonable Contact: Becky Primeaux, Housing telephone (202) 708–0477. accommodation if the higher payment Voucher Management and Operations • Regulation: 24 CFR 982.505(d). standard is no more than 120 percent of the Division, Office of Public Housing and Project/Activity: Dedham Housing fair market rent (FMR) for the unit size. Voucher Programs, Office of Public and Authority (DHA) in Dedham, Massachusetts, Granted By: Lourdes Castro Ramı´rez, Indian Housing, Department of Housing and requested a waiver of 24 CFR 982.505(d) so Principal Deputy Assistant Secretary for Urban Development, 451 7th Street SW., that it could approve an exception payment Public and Indian Housing. Room 4216, Washington, DC 20410, standard amount above 120 percent of the Date Granted: March 30, 2016. telephone (202) 708–0477. FMR as a reasonable accommodation. Reason Waived: This regulation was • Regulation: 24 CFR 985.101(a). Nature of Requirement: The regulation at waived as a reasonable accommodation to Project/Activity: Housing and Community 24 CFR 982.505(d) states that a public allow a disabled participant to receive Services Agency of Lane County (HCSALC) housing agency may only approve a higher housing assistance and pay no more than 40 in Eugene, Oregon, requested a waiver of 24
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CFR 985.101(a) so that it could submit its Reason Waived: CHA’s letter of March as part of our continuing efforts to Section Eight Management Assessment 2016 included all the information provided reduce paperwork and respondent Program (SEMAP) certification after the by the Capital Fund Processing Guidance to burden, we invite the general public and deadline. make a good cause determination. other Federal agencies to take this Nature of Requirement: The regulation at Specifically, CHA requested $628,435.00 to 24 CFR 985.101(a) states a PHA must submit be transferred to Budget Line Item 1406 for opportunity to comment on this IC. This the HUD-required SEMAP certification form Operations. CHA provided recent crime data IC is scheduled to expire on November within 60 calendar days after the end of its at the developments and indicated the 30, 2016. We may not conduct or fiscal year. specific activities that it plans to use the sponsor and a person is not required to Granted By: Lourdes Castro Ramı´rez, funds for. respond to a collection of information Principal Deputy Assistant Secretary for Contact: Dominique Blom, Deputy unless it displays a currently valid OMB Public and Indian Housing Assistant Secretary for the Office of Public control number. Date Granted: March 7, 2016. Housing Investments, Office of Public and Reason Waived: This waiver was granted Indian Housing, 451 7th Street SW., Room DATES: To ensure that we are able to for the HCSALC’s fiscal year ending 4130, Washington, DC 20140, telephone (202) consider your comments on this IC, we September 30, 2015. The waiver was 402–4181. must receive them by August 8, 2016. approved because of circumstances beyond • Regulation: 24 CFR 905.314. ADDRESSES: Send your comments on the the PHA’s control and to prevent additional Project/Activity: The Westmoreland IC to the Information Collection administrative burdens for the PHA and field County Housing Authority (WCHA) Clearance Officer, U.S. Fish and office. requested a good cause waiver to transfer 27 Wildlife Service, MS BPHC, 5275 Contact: Becky Primeaux, Housing percent of its 2016 Capital Fund Formula Leesburg Pike, Falls Church, VA 22041– Voucher Management and Operations Grant into BLI 1406-Operations, in part to _ Division, Office of Public Housing and fund certain anticrime measures. 3803 (mail); or hope [email protected] Voucher Programs, Office of Public and Nature of Requirement: In accordance 24 (email). Please include ‘‘1018–0164’’ in Indian Housing, Department of Housing and CFR 905.314, PHAs may use Operating the subject line of your comments. Urban Development, 451 7th Street SW., Funds for anticrime and antidrug activities, FOR FURTHER INFORMATION CONTACT: To Room 4216, Washington, DC 20410, including costs of providing adequate request additional information about telephone (202) 708–0477. security for public housing residents, this IC, contact Hope Grey at • Regulation: 24 CFR 985.101(a). including above-baseline service agreements. _ Project/Activity: Sedalia Housing Granted By: Lourdes Castro Ramı´rez, hope [email protected] (email) or 703–358– Authority (SHA) in Sedalia, Missouri, Principal Deputy Assistant Secretary for 2482 (telephone). requested a waiver of 24 CFR 985.101(a) so Public and Indian Housing. SUPPLEMENTARY INFORMATION: that it could submit its Section Eight Date Granted: May 29, 2016. Management Assessment Program (SEMAP) Reason Waived: WCHA’s letter of March I. Abstract certification after the deadline. 2016 included all the information provided On June 6, 2016, we published a final Nature of Requirement: The regulation at by the Capital Fund Processing Guidance to rule (81 FR 36388), Revision of the 24 CFR 985.101(a) states a PHA must submit make a good cause determination. Section 4(d) Rule for the African the HUD-required SEMAP certification form Specifically, WCHA requested $550,086 to be transferred to Budget Line Item 1406 for Elephant (Loxodonta africana) (4(d) within 60 calendar days after the end of its rule). The rule will be effective on July fiscal year. Operations. WCHA provided recent crime Granted By: Lourdes Castro Ramı´rez, data at the developments and indicated the 6, 2016. After that date, permits will be Principal Deputy Assistant Secretary for specific activities that it plans to use the required to import all African elephant Public and Indian Housing. funds for. trophies (i.e., from both Appendix-I and Date Granted: March 29, 2016. Contact: Dominique Blom, Deputy Appendix-II populations). Reason Waived: This waiver was granted Assistant Secretary for the Office of Public When a species is listed as threatened, because for the SHA’s fiscal year ending Housing Investments, Office of Public and section 4(d) of the Endangered Species December 31, 2015. The waiver was Indian Housing, Department of Housing and Act (ESA) gives discretion to the approved because of circumstances beyond Urban Development, 451 7th Street SW., Room 4130, Washington, DC 20140, Secretary of the Interior to issue the PHA’s control and to prevent additional regulations that he or she ‘‘deems administrative burdens for the PHA and field telephone (202) 402–4181. office. necessary and advisable to provide for [FR Doc. 2016–13699 Filed 6–8–16; 8:45 am] the conservation of such species.’’ In Contact: Becky Primeaux, Housing BILLING CODE 4210–67–P Voucher Management and Operations response to an unprecedented increase Division, Office of Public Housing and in poaching of elephants across Africa Voucher Programs, Office of Public and and the escalation of the illegal trade in Indian Housing, Department of Housing and DEPARTMENT OF THE INTERIOR ivory, we reevaluated the provisions of Urban Development, 451 7th Street SW., the existing ESA 4(d) rule for the Fish and Wildlife Service Room 4216, Washington, DC 20410, African elephant. We revised the 4(d) telephone (202) 708–0477. [FW–HQ–IA–2016–N098; FXIA16710900000– • rule by adopting measures that are Regulation: 24 CFR 905.314. 167–FF09A30000] Project/Activity: The Chester Housing necessary and advisable for the current Authority (CHA) requested a good cause conservation needs of the species, based Proposed Information Collection; on our evaluation of the current threats waiver to transfer 33 percent of its 2016 Import of Sport-Hunted African Capital Fund Formula Grant into BLI 1406- to the African elephant and the Operations, in part to fund certain anticrime Elephant Trophies comments received from the public. The measures. AGENCY: Fish and Wildlife Service, poaching crisis is driven by demand for Nature of Requirement: In accordance with Interior. elephant ivory. The final rule allows us 24 CFR 905.314, PHAs may use Operating ACTION: Notice; request for comments. to more strictly regulate trade in African Funds for anticrime and antidrug activities, elephant ivory and to help ensure that including costs of providing adequate SUMMARY: We (U.S. Fish and Wildlife security for public housing residents, the U.S. ivory market is not contributing including above-baseline service agreements. Service) will ask the Office of to the poaching of elephants in Africa. Granted By: Lourdes Castro Ramı´rez, Management and Budget (OMB) to Currently, import of sport-hunted Principal Deputy Assistant Secretary for approve the information collection (IC) African elephant trophies from Public and Indian Housing. described below. As required by the Convention on International Trade in Date Granted: May 22, 2016. Paperwork Reduction Act of 1995 and Endangered Species of Wild Fauna and
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Flora (CITES) Appendix-II populations additional applications is the basis of associated with the expected 300 does not require an ESA threatened this information collection. additional applications in OMB Control species import permit. Applications for We requested that OMB approve, on Number 1018–0093 when we renew the permits required under current an emergency basis, our request to approval in May 2017. collect information associated with regulations (for import of African II. Data elephant sport-hunted trophies from permits to import African elephant CITES Appendix-I populations) are sport-hunted trophies from Appendix-II OMB Control Number: 1018–0164. approved under OMB Control Number populations. We asked for emergency Title: Import of Sport-Hunted African approval because of the potential 1018–0093, which expires May 31, Elephant Trophies, 50 CFR 17. negative effects of delaying publication 2017. Under the revised rule, permits Service Form Number: 3–200–19. of the final 4(d) rule. OMB approved our will be required to import all African request and assigned OMB Control No. Type of Request: Extension of a elephant sport-hunted trophies from 1018–0164, which expires November currently approved collection. both Appendix-I and Appendix-II 30, 2016. Description of Respondents: populations. As a result of the revised We will ask OMB to grant regular Individuals. 4(d) rule, we expect to receive an approval (3 years) for this information Respondent’s Obligation: Required to additional 300 applications for permits. collection. If OMB grants regular obtain or retain a benefit. The burden associated with these approval, we will include the burden Frequency of Collection: On occasion.
Completion Number of Number of time per Total annual Activity respondents responses response burden hours (minutes)
3–200–9—application to import African elephant trophy from Appendix-II populations ...... 300 300 20 100
Totals ...... 300 300 ...... 100
Estimated Annual Nonhour Burden Dated: June 6, 2016. Officer (DFO), Bureau of Indian Cost: $30,000, primarily associated with Tina A. Campbell, Education, Division of Performance and application fees. Application fee is $100 Chief, Division of Policy, Performance, and Accountability, 1011 Indian School per application. Management Programs, U.S. Fish and Wildlife Road NW., Suite 332, Albuquerque, Service. New Mexico 87104, telephone 505–563– III. Comments [FR Doc. 2016–13678 Filed 6–8–16; 8:45 am] 5274, or fax to 505–563–5281. We invite comments concerning this BILLING CODE 4333–15–P FOR FURTHER INFORMATION CONTACT: information collection on: Contact Ms. Sue Bement, DFO, at the • above listed address and telephone Whether or not the collection of DEPARTMENT OF THE INTERIOR information is necessary, including number. whether or not the information will Bureau of Indian Affairs SUPPLEMENTARY INFORMATION: The have practical utility; Advisory Board was established in • [167 A2100DD/AAKC001030/ accordance with FACA, 5 U.S.C. App. 2, The accuracy of our estimate of the A0A501010.999900] burden for this collection of section 10(a)(b). The following provides information; Request for Nominations of Members information about the Committee, the • Ways to enhance the quality, utility, To Serve on the Bureau of Indian membership, and the nomination and clarity of the information to be Education Advisory Board for process. collected; and Exceptional Children 1. Objective and Duties • Ways to minimize the burden of the AGENCY: Bureau of Indian Affairs, (a) Members of the Advisory Board collection of information on Interior. will provide guidance, advice, and respondents. ACTION: Notice. recommendations with respect to Comments that you submit in special education and related services response to this notice are a matter of SUMMARY: Pursuant to the Federal for children with disabilities in BIE- public record. We will include or Advisory Committee Act (FACA) and funded schools in accordance with the summarize each comment in our request the Individuals with Disabilities requirements of IDEA. to OMB to approve this IC. Before Education Act of 2004 (IDEA), the (b) The Advisory Board will: including your address, phone number, Bureau of Indian Education (BIE) (1) Provide advice and email address, or other personal requests nominations of individuals to recommendations for the coordination identifying information in your serve on the Advisory Board for of services within the BIE and with comment, you should be aware that Exceptional Children (Advisory Board). other local, State, and Federal agencies; your entire comment, including your There are three positions available. The (2) Provide advice and personal identifying information, may BIE will consider nominations received recommendations on a broad range of be made publicly available at any time. in response to this request for policy issues dealing with the provision While you can ask us in your comment nominations, as well as other sources. of educational services to American to withhold your personal identifying DATES: Please submit nominations by Indian children with disabilities; information from public review, we July 11, 2016. (3) Serve as advocates for American cannot guarantee that we will be able to ADDRESSES: Please submit nominations Indian students with special education do so. to Ms. Sue Bement, Designated Federal needs by providing advice and
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recommendations regarding best appear to affect, the financial interests Committee and permit the Department practices, effective program of the member or the member’s spouse of the Interior to contact a potential coordination strategies, and or minor children, unless authorized by member. The nomination application, recommendations for improved the appropriate ethics official. which can be found on the BIE Web site educational programming; Compensation from employment does at http://www.bie.edu/Programs/ (4) Provide advice and not constitute a financial interest of the SpecialEd/AdvisoryBoard/index.htm, recommendations for the preparation of member so long as the matter before the must also be included. information required to be submitted to committee will not have a special or 7. Information Collection the Secretary of Education under 20 distinct effect on the member or the U.S.C. 1411(h)(2); member’s employer, other than as part This collection of information is (5) Provide advice and recommend of a class. The provisions of this authorized by OMB Control Number policies concerning effective inter- and paragraph do not affect any other 1076–0179, ‘‘Solicitation of intra- agency collaboration, including statutory or regulatory ethical Nominations for the Advisory Board for modifications to regulations, and the obligations to which a member may be Exceptional Children.’’ elimination of barriers to inter- and subject. Dated: May 24, 2016. intra- agency programs and activities; (c) The Advisory Board meets at least Lawrence S. Roberts, and twice per year, budget permitting, but Acting Assistant Secretary—Indian Affairs. (6) Report and direct all additional meetings may be held as [FR Doc. 2016–13694 Filed 6–8–16; 8:45 am] correspondence to the Assistant deemed necessary by the Assistant Secretary—Indian Affairs through the Secretary—Indian Affairs or the DFO. BILLING CODE 4337–15–P Director, BIE with a courtesy copy to the (d) All Advisory Board meetings are DFO. open to the public in accordance with DEPARTMENT OF THE INTERIOR 2. Membership FACA regulations. Bureau of Land Management (a) Under 20 U.S.C. 1411(h)(6), the 4. Nomination Information Advisory Board will be composed of up (a) Nominations are requested from [LLCO956000 L14400000.BJ0000 16X] to 15 individuals involved in or individuals, organizations, and federally concerned with the education and recognized Tribes, as well as from State Notice of Filing of Plats of Survey; provision of services to Indian infants, Directors of Special Education (within Colorado toddlers, children, and youth with the 23 states in which BIE-funded AGENCY: Bureau of Land Management, disabilities. The Advisory Board schools are located) concerned with the Interior. composition will reflect a broad range of education of Indian children with ACTION: Notice of filing of plats of viewpoints and will include at least one disabilities as described above. survey; Colorado. member representing each of the (b) Nominees should have expertise following interests: Indians with and knowledge of the issues and/or SUMMARY: The Bureau of Land disabilities; teachers of children with needs of American Indian children with Management (BLM) Colorado State disabilities; Indian parents or guardians disabilities. Such knowledge and Office is publishing this notice to of children with disabilities; service expertise are needed to provide advice inform the public of the intent to providers; State education officials; and recommendations to the BIE officially file the survey plats listed local education officials; State regarding the needs of American Indian below and afford a proper period of time interagency coordinating councils (for children with disabilities. to protest this action prior to the plat States having Indian reservations); (c) Nominees must have the ability to filing. During this time, the plats will be Tribal representatives or Tribal attend Advisory Board meetings, carry available for review in the BLM organization representatives; and other out Advisory Board assignments, Colorado State Office. members representing the various participate in teleconference calls, and DATES: Unless there are protests of this divisions and entities of the BIE. work in groups. action, the filing of the plats described (b) The Assistant Secretary—Indian (d) The Department of the Interior is in this notice will happen on July 11, Affairs may provide the Secretary of the committed to equal opportunities in the 2016. Interior recommendations for the workplace and seeks diverse Committee ADDRESSES: BLM Colorado State Office, chairperson; however, the chairperson membership, which is bound by the Cadastral Survey, 2850 Youngfield and other Advisory Board members will Indian Preference Act of 1990 (25 U.S.C. Street, Lakewood, CO 80215–7093. be appointed by the Secretary of the 472). Interior. Advisory Board members shall FOR FURTHER INFORMATION CONTACT: 5. Basis for Nominations serve staggered terms of two years or Randy Bloom, Chief Cadastral Surveyor three years from the date of their If you wish to nominate someone for for Colorado, (303) 239–3856. appointment. appointment to the Advisory Board, Persons who use a please do not make the nomination until telecommunications device for the deaf 3. Miscellaneous the person has agreed to have his or her (TDD) may call the Federal Information (a) Members of the Advisory Board name submitted to the BIE for this Relay Service (FIRS) at 1–800–877–8339 will not receive compensation, but will purpose. to contact the above individual during be reimbursed for travel, including normal business hours. The FIRS is subsistence, and other necessary 6. Nomination Application available 24 hours a day, seven days a expenses incurred in the performance of Nominations should include a resume week, to leave a message or question their duties in the same manner as providing an adequate description of the with the above individual. You will persons employed intermittently in nominee’s qualifications, including receive a reply during normal business Government Service under 5 U.S.C. information that would enable the hours. 5703. Department of the Interior to make an SUPPLEMENTARY INFORMATION: The plat (b) A member may not participate in informed decision regarding meeting the and field notes of the dependent matters that will directly affect, or membership requirements of the resurvey and survey in Township 40
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North, Range 11 East, New Mexico inform the public of the intent to meeting will be held at the Bill Heddles Principal Meridian, Colorado, were officially file the survey plat listed Recreation Center, 530 Gunnison River accepted on March 30, 2016. above and afford a proper period of time Drive, Delta, CO 81416. The plat and field notes of the to protest this action prior to the plat FOR FURTHER INFORMATION CONTACT: dependent resurvey and survey in filing. During this time, the plat will be Collin Ewing, Dominguez-Escalante Township 41 North, Range 11 East, New available for review in the BLM NCA Advisory Council Designated Mexico Principal Meridian, Colorado, Colorado State Office. Federal Official, 2815 H Road, Grand were accepted on March 30, 2016. DATES: Unless there are protests of this Junction, CO 81506. Phone: (970) 244– The plat and field notes of the action, the filing of the plat described in 3049. Email: [email protected]. Persons dependent resurvey and survey in this notice will happen on July 11, 2016. who use a telecommunications device Township 18 South, Range 70 West, ADDRESSES: BLM Colorado State Office, for the deaf (TDD) may call the Federal Sixth Principal Meridian, Colorado, Cadastral Survey, 2850 Youngfield Information Relay Service (FIRS) at 1– were accepted on April 18, 2016. Street, Lakewood, CO 80215–7093. 800–877–8339 to contact the above The plat, in 2 sheets, incorporating individual during normal business the field notes of the dependent FOR FURTHER INFORMATION CONTACT: Randy Bloom, Chief Cadastral Surveyor hours. The FIRS is available 24 hours a resurvey and subdivision of section 16 day, seven days a week, to leave a in Township 4 North, Range 71 West, for Colorado, (303) 239–3856. Persons who use a message or question with the above Sixth Principal Meridian, Colorado, was individual. You will receive a reply accepted on May 13, 2016. telecommunications device for the deaf (TDD) may call the Federal Information during normal business hours. The plat and field notes of the SUPPLEMENTARY INFORMATION: The 10- dependent resurvey and survey in Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during member Council advises the Secretary Township 36 North, Range 17 West, of the Interior, through the BLM, on a New Mexico Principal Meridian, normal business hours. The FIRS is available 24 hours a day, seven days a variety of planning and management Colorado, were accepted on May 23, issues associated with the RMP process 2016. week, to leave a message or question with the above individual. You will for the Dominguez-Escalante NCA and The field notes of the Dominguez Canyon Wilderness. remonumentation of certain original receive a reply during normal business hours. Topics of discussion during the corners in Township 27 South, Range 47 meetings may include presentations West, Sixth Principal Meridian, Randy Bloom, from BLM staff on management actions Colorado, were accepted on May 27, Chief Cadastral Surveyor for Colorado. contained in the RMP, particularly 2016. [FR Doc. 2016–13659 Filed 6–8–16; 8:45 am] public comments on alternatives in the Randy Bloom, BILLING CODE 4310–JB–P Draft RMP. Chief Cadastral Surveyor for Colorado. These meetings are open to the public. The public may present written [FR Doc. 2016–13660 Filed 6–8–16; 8:45 am] DEPARTMENT OF THE INTERIOR BILLING CODE 4310–JB–P comments to the Council. Time will be allocated at the middle and end of each Bureau of Land Management meeting to hear public comments. DEPARTMENT OF THE INTERIOR [LLCON06000–L16100000–DQ0000 16X] Depending on the number of persons wishing to comment and time available, Bureau of Land Management Notice of Resource Advisory Council the time for individual oral comments Meetings for the Dominguez-Escalante may be limited at the discretion of the [LLCO956000 L14400000.BJ0000 16X] National Conservation Area Advisory chair. Council Notice of Filing of Plats of Survey; Ruth Welch, Colorado AGENCY: Bureau of Land Management, BLM Colorado State Director. AGENCY: Bureau of Land Management, Interior. [FR Doc. 2016–13658 Filed 6–8–16; 8:45 am] Interior. ACTION: Notice of Public Meetings. BILLING CODE 4310–JB–P ACTION: Notice of Filing of Plats of SUMMARY: In accordance with the Survey; Colorado. Federal Land Policy and Management INTERNATIONAL TRADE Act of 1976 and the Federal Advisory SUMMARY: On Tuesday, July 14, 2009, COMMISSION the Bureau of Land Management (BLM) Committee Act of 1972, the U.S. Colorado State Office, published a Department of the Interior, Bureau of [Investigation No. 337–TA–1004] Land Management (BLM) Dominguez- Notice of Stay of Filing of Plat, in the Certain Mobile and Portable Electronic Federal Register (74 FR 34035) to Escalante National Conservation Area (NCA) Advisory Council (Council) will Devices Incorporating Haptics inform the public of a stay on the (Including Smartphones and Laptops) proposed filing of the dependent meet as indicated below. DATES: The Council will meet July 13, and Components Thereof; Institution resurvey of the east boundary and a of Investigation portion of the subdivisional lines in 2016, and July 27, 2016. Any Township 42 North, Range 13 West, adjustments to these meetings will be AGENCY: U.S. International Trade New Mexico Principal Meridian, advertised on the Dominguez-Escalante Commission. NCA Resource Management Plan (RMP) Colorado, accepted on December 22, ACTION: Notice. 2008, pending consideration of the Web site: http://www.blm.gov/co/st/en/ _ protest and/or appeal that was filed. On nca/denca/denca rmp.html. SUMMARY: Notice is hereby given that a May 27, 2016, the Interior Board of Land ADDRESSES: The July 13 meeting will be complaint was filed with the U.S. Appeals affirmed the BLM’s decision to held at the Mesa County Old International Trade Commission on May dismiss the protest. The BLM Colorado Courthouse, 544 Rood Ave. Grand 5, 2016, under section 337 of the Tariff State Office is publishing this notice to Junction, CO 81501. The July 27 Act of 1930, as amended, 19 U.S.C.
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§ 1337, on behalf of Immersion (1) Pursuant to subsection (b) of Commission’s Rules of Practice and Corporation of San Jose, California. section 337 of the Tariff Act of 1930, as Procedure, 19 CFR § 210.13. Pursuant to Supplements to the complaint were amended, an investigation be instituted 19 CFR §§ 201.16(e) and 210.13(a), such filed on May 9, May 16, and May 24, to determine whether there is a responses will be considered by the 2016. The complaint, as supplemented, violation of subsection (a)(1)(B) of Commission if received not later than 20 alleges violations of section 337 based section 337 in the importation into the days after the date of service by the upon the importation into the United United States, the sale for importation, Commission of the complaint and the States, the sale for importation, and the or the sale within the United States after notice of investigation. Extensions of sale within the United States after importation of certain mobile and time for submitting responses to the importation of certain mobile and portable electronic devices complaint and the notice of portable electronic devices incorporating haptics (including investigation will not be granted unless incorporating haptics (including smartphones and laptops) and good cause therefor is shown. smartphones and laptops) and components thereof by reason of Failure of a respondent to file a timely components thereof by reason of infringement of one or more of claims response to each allegation in the infringement of certain claims of U.S. 1–5, 9–12, and 14–17 of the ’507 patent; complaint and in this notice may be Patent No. 8,749,507 (‘‘the ’507 patent’’); claims 1, 2, 9, 10, 17, 18, 25–27, and 29 deemed to constitute a waiver of the U.S. Patent No. 7,808,488 (‘‘the ’488 of the ’488 patent; claims 1 and 2 of the right to appear and contest the patent’’); U.S. Patent No. 7,336,260 (‘‘the ’260 patent; and claims 1, 7–10, and 12 allegations of the complaint and this ’260 patent’’); and U.S. Patent No. of the ’710 patent, and whether an notice, and to authorize the 8,581,710 (‘‘the ’710 patent’’). The industry in the United States exists as administrative law judge and the complaint further alleges that an required by subsection (a)(2) of section Commission, without further notice to industry in the United States exists as 337; the respondent, to find the facts to be as required by subsection (a)(2) of section (2) Pursuant to Commission Rule alleged in the complaint and this notice 337. 210.50(b)(1), 19 CFR § 210.50(b)(1), the and to enter an initial determination The complainant requests that the presiding administrative law judge shall and a final determination containing Commission institute an investigation take evidence or other information and such findings, and may result in the and, after the investigation, issue a hear arguments from the parties and issuance of an exclusion order or a cease limited exclusion order and cease and other interested persons with respect to and desist order or both directed against desist orders. the public interest in this investigation, the respondent. as appropriate, and provide the ADDRESSES: The complaint, except for By order of the Commission. Commission with findings of fact and a any confidential information contained Issued: June 6, 2016. recommended determination on this therein, is available for inspection Lisa R. Barton, issue, which shall be limited to the during official business hours (8:45 a.m. statutory public interest factors set forth Secretary to the Commission. to 5:15 p.m.) in the Office of the in 19 U.S.C. §§ 1337(d)(1), (f)(1), (g)(1); [FR Doc. 2016–13671 Filed 6–8–16; 8:45 am] Secretary, U.S. International Trade (3) For the purpose of the BILLING CODE 7020–02–P Commission, 500 E Street SW., Room investigation so instituted, the following 112, Washington, DC 20436, telephone are hereby named as parties upon which (202) 205–2000. Hearing impaired this notice of investigation shall be DEPARTMENT OF JUSTICE individuals are advised that information served: on this matter can be obtained by (a) The complainant is: Immersion Antitrust Division contacting the Commission’s TDD Corporation, 50 Rio Robles, San Jose, terminal on (202) 205–1810. Persons CA 95134. Notice Pursuant to the National with mobility impairments who will (b) The respondents are the following Cooperative Research and Production need special assistance in gaining access entities alleged to be in violation of Act of 1993—fd.io Project, Inc. to the Commission should contact the section 337, and are the parties upon Notice is hereby given that, on May 4, Office of the Secretary at (202) 205– which the complaint is to be served: 2000. General information concerning 2016, pursuant to section 6(a) of the the Commission may also be obtained Apple Inc., 1 Infinite Loop, Cupertino, National Cooperative Research and by accessing its internet server at http:// CA 95014 Production Act of 1993, 15 U.S.C. 4301 www.usitc.gov. The public record for AT&T Mobility LLC, 1025 Lenox Park et seq. (‘‘the Act’’), fd.io Project, Inc. this investigation may be viewed on the Boulevard NE., Atlanta, GA 30319. (‘‘fd.io’’) has filed written notifications Commission’s electronic docket (EDIS) (c) The Office of Unfair Import simultaneously with the Attorney at http://edis.usitc.gov. Investigations, U.S. International Trade General and the Federal Trade Commission, 500 E Street SW., Suite Commission disclosing (1) the identities FOR FURTHER INFORMATION CONTACT: The 401, Washington, DC 20436; and of the parties to the venture and (2) the Office of Unfair Import Investigations, (4) For the investigation so instituted, nature and objectives of the venture. U.S. International Trade Commission, the Chief Administrative Law Judge, The notifications were filed for the telephone (202) 205–2560. U.S. International Trade Commission, purpose of invoking the Act’s provisions Authority: The authority for institution of shall designate the presiding limiting the recovery of antitrust this investigation is contained in section 337 Administrative Law Judge. plaintiffs to actual damages under of the Tariff Act of 1930, as amended, and The Chief Administrative Law Judge specified circumstances. in section 210.10 of the Commission’s Rules is authorized to consolidate Inv. No. Pursuant to section 6(b) of the Act, the of Practice and Procedure, 19 CFR § 210.10 identities of the parties to the venture (2016). 337–TA–990 and this investigation if he deems it appropriate. are: Intel Corporation, Hillsboro, OR; Scope of Investigation: Having Responses to the complaint and the Brocade Communications Systems, Inc., considered the complaint, the U.S. notice of investigation must be San Jose, CA; Inocybe Technologies Inc., International Trade Commission, on submitted by the named respondents in Gatineau, Quebec City, CANADA; June 3, 2016, ordered that— accordance with section 210.13 of the Huawei Technologies Co., Ltd., Bantian,
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Longgang District, Shenzhen, PEOPLE’S National Cooperative Research and under specified circumstances. REPUBLIC OF CHINA; Cisco Systems, Production Act of 1993, 15 U.S.C. 4301 Specifically, Microsoft Corporation, Inc., Milpitas, CA; PLUMgrid, Inc., et seq. (‘‘the Act’’), Southwest Research Redmond, WA; Tongfang Global, Ltd. Sunnyvale, CA; NXP Semiconductor Institute—Cooperative Research Group (Seiki), Diamond Bar, CA; Arcelik AS Inc. (Freescale), Austin, TX; Mesosphere on Development and Validation of Electronics Plant, Istanbul, TURKEY; Inc., San Francisco, CA; Metaswitch FlawPRO for Assessing Defect Tolerance Dell Inc., Round Rock, TX; and Networks, San Francisco, CA; Cavium of Welded Pipes Under Generalized Paramount Pictures Corporation, Networks, Inc., San Jose, CA; Ericsson, High Strain Conditions (‘‘FlawPRO– Hollywood, CA, have been added as Kista, SWEDEN; Comcast, Philadelphia, JIP’’) has filed written notifications parties to this venture. PA; Red Hat, Inc., Raleigh, NC; and 6 simultaneously with the Attorney No other changes have been made in WIND, Montigny-le-Bretonneux, General and the Federal Trade either the membership or planned FRANCE. Commission disclosing changes in its activity of the group research project. The general area of fd.io’s planned membership. The notifications were Membership in this group research activity are to: (a) Drive the evolution of filed for the purpose of extending the project remains open, and UHD Alliance IO services (IO, processing, and Act’s provisions limiting the recovery of intends to file additional written management agents for networking, antitrust plaintiffs to actual damages notifications disclosing all changes in storage, and other types of IO) through under specified circumstances. membership. a neutral community delivering open Specifically, ConocoPhillips Company, On June 17, 2015, UHD Alliance filed source software that supports Houston, TX, has withdrawn as a party its original notification pursuant to deployment models including cloud, to this venture. section 6(a) of the Act. The Department NFV, container, bare metal networking, No other changes have been made in of Justice published a notice in the storage, and other types of IO, in order either the membership or planned Federal Register pursuant to section to create a high performance, modular, activity of the group research project. 6(b) of the Act on July 17, 2015 (80 FR and extensible open source platform Membership in this group research 42537). fostering innovation in IO services (‘‘the project remains open, and FlawPRO–JIP The last notification was filed with Platform’’); (b) host a collection of intends to file additional written the Department on February 12, 2016. A projects that form a cohesive code base notifications disclosing all changes in notice was published in the Federal for open community based membership. Register pursuant to section 6(b) of the development, enhanced component On May 17, 2011, FlawPRO–JIP filed Act on March 17, 2016 (81 FR 14485). compatibility and interoperability, its original notification pursuant to Patricia A. Brink, greater choice and flexibility for data section 6(a) of the Act. The Department plane developers, and an open Director of Civil Enforcement, Antitrust of Justice published a notice in the Division. environment for IO services Federal Register pursuant to section [FR Doc. 2016–13632 Filed 6–8–16; 8:45 am] development and technology adoption; 6(b) of the Act on July 7, 2011 (76 FR (c) support and maintain the strategic 39901). BILLING CODE P framework of the Platform through the The last notification was filed with technologies made available by the the Department on November 2, 2012. A DEPARTMENT OF JUSTICE organization to make the Platform a notice was published in the Federal success; (d) support and maintain Register pursuant to section 6(b) of the Antitrust Division policies set by the Board of Directors of Act on December 11, 2012 (77 FR the Joint Venture; (e) promote such 73676). Notice Pursuant to the National Platform worldwide; (f) create and Cooperative Research and Production Patricia A. Brink, maintain programs regarding the use of Act of 1993—Silicon Integration Joint Venture trademarks; and (g) Director of Civil Enforcement, Antitrust Initiative, Inc. Division. undertake such other activities as may [FR Doc. 2016–13633 Filed 6–8–16; 8:45 am] Notice is hereby given that, on May 9, from time to time be appropriate to 2016, pursuant to section 6(a) of the further the purposes and achieve the BILLING CODE P National Cooperative Research and goals set forth above. Production Act of 1993, 15 U.S.C. 4301 Patricia A. Brink, DEPARTMENT OF JUSTICE et seq. (‘‘the Act’’), Silicon Integration Director of Civil Enforcement, Antitrust Initiative, Inc. (‘‘Si2’’) has filed written Division. Antitrust Division notifications simultaneously with the [FR Doc. 2016–13629 Filed 6–8–16; 8:45 am] Notice Pursuant to the National Attorney General and the Federal Trade BILLING CODE P Cooperative Research and Production Commission disclosing changes in its Act of 1993—UHD Alliance, Inc. membership. The notifications were filed for the purpose of extending the DEPARTMENT OF JUSTICE Notice is hereby given that, on May Act’s provisions limiting the recovery of 11, 2016, pursuant to section 6(a) of the antitrust plaintiffs to actual damages Antitrust Division National Cooperative Research and under specified circumstances. Notice Pursuant to the National Production Act of 1993, 15 U.S.C. 4301 Specifically, MIE Fujitsu Cooperative Research and Production et seq. (‘‘the Act’’), UHD Alliance, Inc. Semiconductor, Limited, Yokohama Act of 1993—Cooperative Research (‘‘UHD Alliance’’) filed written City, JAPAN; IC Manage, Inc., Campbell, Group on Development and Validation notifications simultaneously with the CA; SA Magillem Design Services, Paris, of FlawPRO for Assessing Defect Attorney General and the Federal Trade FRANCE; Minalogic, Grenoble, Tolerance of Welded Pipes Under Commission disclosing changes in its FRANCE; Ricoh Electronic Devices Generalized High Strain Conditions membership. The notifications were Company, Limited, Osaka, JAPAN; filed for the purpose of extending the Thermo Fisher Scientific, Guilford, CT; Notice is hereby given that, on April Act’s provisions limiting the recovery of and Broadcom, Ltd., San Jose, CA, have 27, 2016, pursuant to section 6(a) of the antitrust plaintiffs to actual damages been added as parties to this venture.
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Also, AIST, Tokyo, JAPAN; ARM, Moscow, RUSSIA; Organic Response antitrust plaintiffs to actual damages Cambridge, MA; Berkeley Wireless Pty Ltd. (Organic Response), Richmond, under specified circumstances. Research Center, Berkley, CA; Victoria, AUSTRALIA; dog hunter LLC, Specifically, St. Jude Medical, Sylmar, Blackcomb Design Automation, Inc. Boston, MA; Shenzhen Fenglian CA; CoreTech System Co., Ltd., Vancouver, CANADA; IMEC, Heverlee, Technology Co., Ltd., Shenzhen, Hsinchu, TAIWAN; INSIDIX, Seussins, BELGIUM, Qorvo, Richardson, TX, Sage PEOPLE’S REPUBLIC OF CHINA; FRANCE; Interflux Electronics nv, Gent- Design Automation, Santa Clara, CA; Shenzhen H&T Home Online Network Desteldonk, Belgium; US Conec, SiConTech, Inc., Austin, TX; STARC, Technology Co., Ltd., Shenzhen, Hickory, NC; Foresite, Inc., Kokomo, IN; Tokohama, JAPAN; Tyndall National PEOPLE’S REPUBLIC OF CHINA; SuZhou Eunow Co., Ltd., Suzhou, Institute, Cork City, IRELAND; United Blackloud, Inc., Irvine, CA; wot.io, New PEOPLE’S REPUBLIC OF CHINA; Microelectronics Corporation, Hsinchu York, NY; iiNet Limited, Subiaco, Perth, Takaoka Toko Co., Ltd. Shizuoka, City, TAIWAN; Altera, San Jose, CA; AUSTRALIA; Universal Devices, Inc., JAPAN; University of Waterloo, Broadcom Corporation, Irvine, CA; and Encino, CA; Trend Micro Incorporated, Waterloo, Ontario, CANADA; and Avago Technologies, Ltd., San Jose, CA, Taipei, TAIWAN; CoCo Shinko Electric America, Inc., San Jose, have withdrawn as parties to this Communications, Seattle, WA; CA, have been added as parties to this venture. Dropbeats Technology Co., Ltd., venture. No other changes have been made in Shanghai, PEOPLE’S REPUBLIC OF Also, Hewlett Packard Enterprises, either the membership or planned CHINA; and Netbeast, Munchen, Palo Alto, CA; Griffith University, activity of the group research project. Deutschland, GERMANY, have Nathan, AUSTRALIA; Cisco Systems Membership in this group research withdrawn as parties to this venture. Inc., San Jose, CA; Teradyne, Inc., North project remains open, and Si2 intends to No other changes have been made in Reading, MA; and Speedline, Franklin, file additional written notifications either the membership or planned MA, have withdrawn as parties to this disclosing all changes in membership. activity of the group research project. venture. On December 30, 1988, Si2 filed its Membership in this group research No other changes have been made in original notification pursuant to section project remains open, and AllSeen either the membership or planned 6(a) of the Act. The Department of Alliance intends to file additional activity of the group research project. Justice published a notice in the Federal written notifications disclosing all Membership in this group research Register pursuant to section 6(b) of the changes in membership. project remains open, and iNEMI Act on March 13, 1989 (54 FR 10456). On January 29, 2014, AllSeen intends to file additional written The last notification was filed with Alliance filed its original notification notifications disclosing all changes in the Department on September 28, 2015. pursuant to section 6(a) of the Act. The membership. A notice was published in the Federal Department of Justice published a notice On June 6, 1996, iNEMI filed its Register pursuant to section 6(b) of the in the Federal Register pursuant to original notification pursuant to Section Act on November 16, 2015 (80 FR section 6(b) of the Act on March 4, 2014 6(a) of the Act. The Department of 70837). (79 FR 12223). Justice published a notice in the Federal The last notification was filed with Patricia A. Brink, Register pursuant to section 6(b) of the the Department on February 23, 2016. A Act on June 28, 1996 (61 FR 33774). Director of Civil Enforcement, Antitrust notice was published in the Federal The last notification was filed with Division. Register pursuant to section 6(b) of the the Department on April 23, 2015. A [FR Doc. 2016–13634 Filed 6–8–16; 8:45 am] Act on March 21, 2016 (81 FR 15123). notice was published in the Federal BILLING CODE P Register pursuant to section 6(b) of the Patricia A. Brink, Act on May 27, 2015 (80 FR 30269). Director of Civil Enforcement, Antitrust DEPARTMENT OF JUSTICE Division. Patricia A. Brink, [FR Doc. 2016–13627 Filed 6–8–16; 8:45 am] Director of Civil Enforcement, Antitrust Antitrust Division BILLING CODE P Division. Notice Pursuant to the National [FR Doc. 2016–13626 Filed 6–8–16; 8:45 am] BILLING CODE P Cooperative Research and Production DEPARTMENT OF JUSTICE Act of 1993—AllSeen Alliance, Inc. Notice is hereby given that, on May 9, Antitrust Division DEPARTMENT OF JUSTICE 2016, pursuant to section 6(a) of the Notice Pursuant to the National Antitrust Division National Cooperative Research and Cooperative Research and Production Production Act of 1993, 15 U.S.C. 4301 Act of 1993—International Electronics Notice Pursuant to the National et seq. (‘‘the Act’’), AllSeen Alliance, Manufacturing Initiative Cooperative Research and Production Inc. (‘‘AllSeen Alliance’’) has filed Act of 1993—TeleManagement Forum written notifications simultaneously Notice is hereby given that, on May 4, with the Attorney General and the 2016, pursuant to section 6(a) of the Notice is hereby given that, on April Federal Trade Commission disclosing National Cooperative Research and 25, 2016, pursuant to section 6(a) of the changes in its membership. The Production Act of 1993, 15 U.S.C. 4301 National Cooperative Research and notifications were filed for the purpose et seq. (‘‘the Act’’), International Production Act of 1993, 15 U.S.C. 4301 of extending the Act’s provisions Electronics Manufacturing Initiative et seq. (‘‘the Act’’), TeleManagement limiting the recovery of antitrust (‘‘iNEMI’’) has filed written notifications Forum (‘‘The Forum’’) filed written plaintiffs to actual damages under simultaneously with the Attorney notifications simultaneously with the specified circumstances. Specifically, General and the Federal Trade Attorney General and the Federal Trade Microfactory, Inc. (FirstBuild), Commission disclosing changes in its Commission disclosing changes in its Louisville, KY; Smartlabs, Inc., Irvine, membership. The notifications were membership. The notifications were CA; M2Communication Inc., Hsinchu filed for the purpose of extending the filed for the purpose of extending the County, TAIWAN; MobilityLab LLC, Act’s provisions limiting the recovery of Act’s provisions limiting the recovery of
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antitrust plaintiffs to actual damages CANADA; Canoe Ventures, Englewood, moreCom AS, Halden, NORWAY; under specified circumstances. CO; Dorado Software, Folsom, CA; Mozambique Cellular SARL (mcel), Specifically, the following parties have Waterfront Toronto, Toronto, CANADA; Maputo, MOZAMBIQUE; Neotel been added as members to this venture: and Carlo Ratti Associati, Torino, (Proprietary) Ltd., Johannesburg, TWI, Cambridge, UNITED KINGDOM; ITALY. SOUTH AFRICA; NETvisor, Budapest, DataProbity, Stuart, FL; Hangzhou Also, the following members have HUNGARY; Neural Technologies, Eastcom Software Technology Co., Ltd., changed their names: PT Affia Andal Petersfield, UNITED KINGDOM; Guangzhou, PEOPLE’S REPUBLIC OF Jasa Bismatamma (RSM AAJ Neurocom SA, Athens, GREECE; CHINA; Multinational Alliance for ASSOCIATES) to PT RSM Indonesia NISCERT Corporation, Toronto, Collaborative Cyber Situational Konsultan (RSM Indonesia), Jakarta, CANADA; N-Pulse GmbH, Heppenheim, Awareness (MACCSA), Shrewton, INDONESIA; NTS New Technology GERMANY; Ogilvy, London, UNITED UNITED KINGDOM; MU¨ NCHNER Systems GmbH to NTS Retail, KINGDOM; one2tribe Sp. z o.o., KREIS, Mu¨ nchen, GERMANY; triPica, Wilhering, AUSTRIA; AS Eesti Telekom Michalowice, POLAND; Onesto Services Paris, FRANCE; Teltech to Telia Eesti AS, Tallinn, ESTONIA; Oy, Jyvaskyla, FINLAND; Openet, Communications LLC, Dallas, TX; AZR Fornax Informatika to Fornax ICT Kft., Dublin, IRELAND; ParStream, Redwood L.L.C., Tripoli, LIBYA; Pervazive, Budapest, HUNGARY; Prodapt to City, CA; Ranck Consulting, Chevy Bengaluru, INDIA; Vodacom (Pty) Ltd., Prodapt North America, Inc., Tualatin, Chase, MD; Simply Execute, Uerikon, Midrand, SOUTH AFRICA; Fornax ICT OR; Knowesis Technology to Knowesis SWITZERLAND; Softera Oy, Helsinki, Kft., Budapest, HUNGARY; Pryv, Pte Ltd, Singapore, SINGAPORE; and FINLAND; Svarog Technology Group Citizen Telecom Services Company Lausanne, SWITZERLAND; Knowesis Inc., Half Moon Bay, CA; Tarantula, L.L.C. d/b/a Frontier Communications Pte Ltd., Singapore, SINGAPORE; Cloud Slough, UNITED KINGDOM; TE Data, to Citizen Telecom Services Company Best Practices Network, London, Dokki, EGYPT; Telecom Egypt, Giza, L.L.C., Rochester, NY. UNITED KINGDOM; Active Minds, EGYPT; Telefonica Global Technology In addition, the following members SA, Buenos Aires, ARGENTINA; Vertek Belfast, UNITED KINGDOM; bit2win, have withdrawn as parties to this Rome, ITALY; Cardinality, Ealing, Corporation, Colchester, VT; Visa, San venture: AetherPal, South Plainfield, NJ; Francisco, CA; Vox Telecom, Waverley, UNITED KINGDOM; Readiness IT Almadar Aljadid, Tripoli, LIBYA; Systems Integration, S.A., Matosinhos, SOUTH AFRICA; and Worldstream Applied Network Solutions, Inc., Systems & Services, Ebene Cybercity, PORTUGAL; Guangzhou Highjet Columbia, MD; ARTIN Solutions, Technology Co., Ltd., Guangzhou, MAURITIUS. Bratislava, SLOVAKIA; BAE Systems No other changes have been made in PEOPLE’S REPUBLIC OF CHINA; Applied Intelligence, London, UNITED DataMi, Chelmsford, MA; Ebistrategy either the membership or planned KINGDOM; Bank of America, New York, activity of the group research project. Software (Shanghai) Co., Ltd., Shanghai, NY; beCloud, Minsk, BELARUS; Bobbil, PEOPLE’S REPUBLIC OF CHINA; Membership in this group research Cork, IRELAND; BrandedIPTV, Hong project remains open, and the Forum Elephant Talk Communications, New Kong, HONG–KONG CHINA; Bright York, NY; Premavals, Noisy-le-Grand, intends to file additional written Computing BV, Amsterdam, notifications disclosing all changes in FRANCE; Eir, Dublin, IRELAND; Coeos NETHERLANDS; Broadband Infraco Assurances, Paris, FRANCE; SigScale membership. (SOC) Ltd, Johannesburg, SOUTH On October 21, 1988, the Forum filed Global Inc., Colombo, SRI LANKA; AFRICA; BTC Networks, Riyadh, SAUDI its original notification pursuant to AVSystem, Krako´w, POLAND; NetYCE, ARABIA; Business-intelligence of section 6(a) of the Act. The Department Amsterdam, NETHERLANDS; Oriental Nations Corporation Ltd., of Justice published a notice in the Hortonworks, Inc., Santa Clara, Beijing, PEOPLE’S REPUBLIC OF Federal Register pursuant to section CANADA; Stream Technologies Ltd, CHINA; Calix, Inc., Petaluma, CA; 6(b) of the Act on December 8, 1988 (53 Glasgow, UNITED KINGDOM; Cignium Technologies, Fort Lee, NJ; FR 49615). CRM.COM Software Ltd., Nicosia, Cleartech, Barueri, BRAZIL; Ernst & The last notification was filed with CYPRUS; Elite Business, Tunis, Young, S.A. Costa Rica, San Jose´, the Department on January 29, 2016. A TUNISIA; 3Consulting, Lagos, NIGERIA; COSTA RICA; Eyelbe Ltd., Malmesbury, notice was published in the Federal VMware, Inc., Palo Alto, CA; Linkem UNITED KINGDOM; Factdelta, Register pursuant to section 6(b) of the Spa, Rome, ITALY; Zeotap GmbH, Swansea, UNITED KINGDOM; Act on March 9, 2016 (81 FR 12527). Berlin, GERMANY; Blueline, GENBAND, Frisco, TX; i2i Bilisim Ve Antananarivo, MADAGASCAR; Sri Teknoloji Danismanlik Tic Ltd., Kocaeli, Patricia A. Brink, Lanka Telecom PLC, Colombo, SRI TURKEY; ICCE Systems, Cary, NC; iiNet Director of Civil Enforcement, Antitrust LANKA; Innowave Technologies, Limited, Subiaco, AUSTRALIA; Division. Lisbon, PORTUGAL; Swiss Post Ltd, InfoCumulus, Zagreb, CROATIA; [FR Doc. 2016–13625 Filed 6–8–16; 8:45 am] Berne, SWITZERLAND; Ooredoo Tunis, Infopact Netwerkdiensten B.V., BILLING CODE P Tunis, TUNISIA; Indosat Ooredoo, Hoogvliet, NETHERLANDS; Innovise Jakarta, INDONESIA; Wataniya ESM Ltd., Slough, UNITED KINGDOM; Palestine, Al Bireh, PALESTINIAN Instituto Costarricense de Electricidad DEPARTMENT OF JUSTICE TERRITORY; Ooredoo Qatar, Doha, ICE, San Jose, COSTA RICA; Iprotel QATAR; Ooredoo Oman, Muscat, Limited, Reading, UNITED KINGDOM; Antitrust Division OMAN; Ooredoo Maldives Pvt. Ltd., Kaiser Permanente, Pleasanton, CA; Notice Pursuant to the National Hulhumale, MALDIVES; Ooredoo Kwezi Software Solutions, Cooperative Research and Production Myanmar, Jakarta, INDONESIA; Johannesburg, SOUTH AFRICA; Maksen Act of 1993—DVD Copy Control Ooredoo Kuwait, Plot 1A, Sharq Area, Consulting, S.A., Lisbon, PORTUGAL; Association KUWAIT; Ooredoo Algeria, Alger, metaWEAVE, Centurion, SOUTH ALGERIA; AsiaCell Communications AFRICA; Mformation Software Notice is hereby given that, on May 9, LLC, Sulaimaniyah, IRAQ; Michi Technologies, Edison, NJ; Mobius 2016, pursuant to section 6(a) of the Creative City Designers Inc., Tokyo, Wireless Solutions Ltd., Shanghai, National Cooperative Research and JAPAN; ZAA Architects, Montre´al, PEOPLE’S REPUBLIC OF CHINA; Production Act of 1993, 15 U.S.C. 4301
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et seq. (‘‘the Act’’), DVD Copy Control Act on September 28, 2015 (80 FR DEPARTMENT OF JUSTICE Association (‘‘DVD CCA’’) has filed 58297). written notifications simultaneously Antitrust Division with the Attorney General and the Patricia A. Brink, Federal Trade Commission disclosing Director of Civil Enforcement, Antitrust Notice Pursuant to the National changes in its membership. The Division. Cooperative Research and Production notifications were filed for the purpose [FR Doc. 2016–13631 Filed 6–8–16; 8:45 am] Act of 1993—Interchangeable Virtual of extending the Act’s provisions BILLING CODE P Instruments Foundation, Inc. limiting the recovery of antitrust Notice is hereby given that, on April plaintiffs to actual damages under 28, 2016, pursuant to section 6(a) of the specified circumstances. Specifically, DEPARTMENT OF JUSTICE National Cooperative Research and Dongguan Team Force Electronic Co., Production Act of 1993, 15 U.S.C. 4301 Antitrust Division Ltd., Dongguan, PEOPLE’S REPUBLIC et seq. (‘‘the Act’’), Interchangeable OF CHINA, has been added as a party Notice Pursuant to the National Virtual Instruments Foundation, Inc. to this venture. has filed written notifications Also, 3A Media Co. Ltd., Geumcheon- Cooperative Research and Production simultaneously with the Attorney gu, Seoul, REPUBLIC OF KOREA; Act of 1993—Node.js Foundation General and the Federal Trade Apollo Electronics Group Limited, Commission disclosing changes in its Kowloon Bay, Kowloon, HONG KONG– Notice is hereby given that, on April membership. The notifications were CHINA; Bestdisc Technology 26, 2016, pursuant to section 6(a) of the filed for the purpose of extending the Corporation, Kee-Lung, TAIWAN; CMC National Cooperative Research and Act’s provisions limiting the recovery of Magnetics Corporation, Taipei, Production Act of 1993, 15 U.S.C. 4301 antitrust plaintiffs to actual damages TAIWAN; CSR Technology, Inc., et seq. (‘‘the Act’’), Node.js Foundation Sunnyville, CA; digiCon AG, under specified circumstances. has filed written notifications Specifically, ELCOM, a.s., Ostrava- Kornwestheim, GERMANY; Fuhrmeister simultaneously with the Attorney Electronics Co., Ltd., Chiyoda-ku, Pustkovec, CZECH REPUBLIC, has been General and the Federal Trade added as a party to this venture. Tokyo, JAPAN; Guangdong OPPO Commission disclosing changes in its Mobile Telecommunications, Dongguan, No other changes have been made in membership. The notifications were either the membership or planned PEOPLE’S REPUBLIC OF CHINA; filed for the purpose of invoking the Hitachi High-Technologies Taiwan activity of the group research project. Act’s provisions limiting the recovery of Corporation, Taipei, TAIWAN; Malata Membership in this group research Group (HK) Limited, North Point, Hong antitrust plaintiffs to actual damages project remains open, and Kong, HONG KONG–CHINA; under specified circumstances. Interchangeable Virtual Instruments Nagravision SA., Cheseau-sur-Lausanne, Specifically, New Relic, Inc., San Foundation, Inc. intends to file SWITZERLAND; Quatius Limited TST Francisco, CA; Opbeat, Inc., San additional written notifications East, Hong Kong, HONG KONG–CHINA; Francisco, CA; Sphinx Co. Ltd., Hanoi, disclosing all changes in membership. Shanghai United Optical Disc Co., Ltd., VIETNAM; Google Inc., Mountain View, On May 29, 2001, Interchangeable Shanghai, PEOPLE’S REPUBLIC OF CA; and Cars.com, Chicago, IL, have Virtual Instruments Foundation, Inc. CHINA; Starlight Video Limited, Hong been added as parties to this venture. filed its original notification pursuant to section 6(a) of the Act. The Department Kong, HONG KONG–CHINA; Tamul No other changes have been made in Multimedia Co., Ltd., AnYang-City, of Justice published a notice in the either the membership or planned Federal Register pursuant to section REPUBLIC OF KOREA; The Video activity of the group research project. Duplicating Co. Ltd., Middlesex, 6(b) of the Act on July 30, 2001 (66 FR Membership in this group research 39336). UNITED KINGDOM; Yu Cha (Hong project remains open, and Node.js Kong) Electronics, Co., Ltd., Tsuen Wan The last notification was filed with Foundation intends to file additional N.T., Hong Kong, HONG KONG– the Department on CHINA; and Zhong Shan City Litai written notifications disclosing all February 10, 2016. A notice was Electronic Industrial Co. Ltd., changes in membership. published in the Federal Register Zhongshan City, PEOPLE’S REPUBLIC On August 17, 2015, Node.js pursuant to section 6(b) of the Act on OF CHINA, have withdrawn as parties Foundation filed its original notification March 9, 2016 (81 FR 12526). to this venture. pursuant to section 6(a) of the Act. The Patricia A. Brink, No other changes have been made in Department of Justice published a notice Director of Civil Enforcement, Antitrust either the membership or planned in the Federal Register pursuant to Division. activity of the group research project. section 6(b) of the Act on September 28, [FR Doc. 2016–13630 Filed 6–8–16; 8:45 am] Membership in this group research 2015 (80 FR 58297). project remains open, and DVD CCA BILLING CODE P intends to file additional written The last notification was filed with notifications disclosing all changes in the Department on February 10, 2016. A membership. notice was published in the Federal DEPARTMENT OF LABOR On April 11, 2001, DVD CCA filed its Register pursuant to section 6(b) of the Office of the Secretary original notification pursuant to section Act on March 9, 2016 (81 FR 12524). 6(a) of the Act. The Department of Patricia A. Brink, Agency Information Collection Justice published a notice in the Federal Activities; Submission for OMB Register pursuant to section 6(b) of the Director of Civil Enforcement, Antitrust Division. Review; Comment Request; Summary Act on August 3, 2001 (66 FR 40727). [FR Doc. 2016–13628 Filed 6–8–16; 8:45 am] Plan Description Requirements Under The last notification was filed with the Employee Retirement Income BILLING CODE P the Department on August 21, 2015. A Security Act of 1974, as Amended notice was published in the Federal Register pursuant to section 6(b) of the AGENCY: Department of Labor.
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ACTION: Notice. 2520.102–3, 2520.104b–2, and proposed collection of information, 2520.104b3 that provide guidance on including the validity of the SUMMARY: The Department of Labor the content, frequency, and manner of methodology and assumptions used; (DOL) is submitting the Employee certain disclosures the ERISA requires • Enhance the quality, utility, and Benefits Security Administration an employee benefit plan subject to the clarity of the information to be (EBSA) sponsored information Act periodically to furnish plan collected; and collection request (ICR) titled, participants and certain specified plan • Minimize the burden of the ‘‘Summary Plan Description beneficiaries. A benefit plan uses collection of information on those who Requirements Under the Employee summary plan descriptions, material are to respond, including through the Retirement Income Security Act of 1974, modifications summaries, and material use of appropriate automated, as Amended,’’ to the Office of reductions summaries to make the electronic, mechanical, or other Management and Budget (OMB) for disclosures. ERISA sections 102(b), technological collection techniques or review and approval for continued use, 104(b)(1), and 109(c) authorize this other forms of information technology, without change, in accordance with the information collection. See 29 U.S. C. e.g., permitting electronic submission of Paperwork Reduction Act of 1995 1022(b), 1024(b)(1), and 1029(c). responses. (PRA), 44 U.S.C. 3501 et seq. Public This information collection is subject Agency: DOL–EBSA. comments on the ICR are invited. to the PRA. A Federal agency generally Title of Collection: Summary Plan DATES: The OMB will consider all cannot conduct or sponsor a collection Description Requirements Under the written comments that agency receives of information, and the public is Employee Retirement Income Security on or before July 11, 2016. generally not required to respond to an Act of 1974, as Amended. ADDRESSES: A copy of this ICR with information collection, unless it is OMB Control Number: 1210–0039. applicable supporting documentation; approved by the OMB under the PRA Affected Public: Private Sector— including a description of the likely and displays a currently valid OMB businesses or other for-profits and not- respondents, proposed frequency of Control Number. In addition, for-profit institutions. response, and estimated total burden notwithstanding any other provisions of Total Estimated Number of may be obtained free of charge from the law, no person shall generally be subject Respondents: 2,981,000. RegInfo.gov Web site at http://www.reg to penalty for failing to comply with a Total Estimated Number of _ info.gov/public/do/PRAViewICR?ref nbr collection of information that does not Responses: 108,466,000. =201605-1210-002 (this link will only display a valid Control Number. See 5 Total Estimated Annual Time Burden: become active on the day following CFR 1320.5(a) and 1320.6. The DOL 279,000 hours. publication of this notice) or by obtains OMB approval for this Total Estimated Annual Other Costs contacting Michel Smyth by telephone information collection under Control Burden: $172,736,000. at 202–693–4129, TTY 202–693–8064, Number 1210–0039. (these are not toll-free numbers) or by OMB authorization for an ICR cannot Dated: June 3, 2016. email at [email protected]. be for more than three (3) years without Michel Smyth, Submit comments about this request renewal, and the current approval for Departmental Clearance Officer. by mail or courier to the Office of this collection is scheduled to expire on [FR Doc. 2016–13642 Filed 6–8–16; 8:45 am] Information and Regulatory Affairs, June 30, 2016. The DOL seeks to extend BILLING CODE 4510–29–P Attn: OMB Desk Officer for DOL–EBSA, PRA authorization for this information Office of Management and Budget, collection for three (3) more years, Room 10235, 725 17th Street NW., without any change to existing Washington, DC 20503; by Fax: 202– requirements. The DOL notes that POSTAL REGULATORY COMMISSION 395–5806 (this is not a toll-free existing information collection number); or by email: OIRA_submission requirements submitted to the OMB [Docket Nos. MC2016–151 and CP2016–191; @omb.eop.gov. Commenters are receive a month-to-month extension Order No. 3349] while they undergo review. For encouraged, but not required, to send a New Postal Product courtesy copy of any comments by mail additional substantive information or courier to the U.S. Department of about this ICR, see the related notice AGENCY: Postal Regulatory Commission. published in the Federal Register on Labor-OASAM, Office of the Chief ACTION: Notice. Information Officer, Attn: Departmental November 23, 2016 (80 FR 72990). Information Compliance Management Interested parties are encouraged to SUMMARY: The Commission is noticing a Program, Room N1301, 200 Constitution send comments to the OMB, Office of recent Postal Service filing concerning Avenue NW., Washington, DC 20210; or Information and Regulatory Affairs at the addition of Priority Mail Contract by email: [email protected]. the address shown in the ADDRESSES 225 to the competitive product list. This section within thirty (30) days of FOR FURTHER INFORMATION CONTACT: notice informs the public of the filing, Michel Smyth by telephone at 202–693– publication of this notice in the Federal invites public comment, and takes other 4129, TTY 202–693–8064, (these are not Register. In order to help ensure administrative steps. appropriate consideration, comments toll-free numbers) or by email at DOL_ DATES: Comments are due: June 13, [email protected]. should mention OMB Control Number 2016. 1210–0039. The OMB is particularly Authority: 44 U.S.C. 3507(a)(1)(D). interested in comments that: ADDRESSES: Submit comments SUPPLEMENTARY INFORMATION: This ICR • Evaluate whether the proposed electronically via the Commission’s seeks to extend PRA authority for the collection of information is necessary Filing Online system at http:// Summary Plan Description for the proper performance of the www.prc.gov. Those who cannot submit Requirements Under the Employee functions of the agency, including comments electronically should contact Retirement Income Security Act of 1974 whether the information will have the person identified in the FOR FURTHER (ERISA), as Amended information practical utility; INFORMATION CONTACT section by collection requirements codified in • Evaluate the accuracy of the telephone for advice on filing regulations 29 CFR 2520.102–2, agency’s estimate of the burden of the alternatives.
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FOR FURTHER INFORMATION CONTACT: the interests of the general public in product under 39 U.S.C. 3632(b)(3) and David A. Trissell, General Counsel, at these proceedings (Public 39 CFR 3015.5. Request, Attachment B. 202–789–6820. Representative). To support its Request, the Postal SUPPLEMENTARY INFORMATION: 3. Comments are due no later than Service filed a copy of the contract, a June 13, 2016. copy of the Governors’ Decision Table of Contents 4. The Secretary shall arrange for authorizing the product, proposed I. Introduction publication of this order in the Federal changes to the Mail Classification II. Notice of Commission Action Register. Schedule, a Statement of Supporting III. Ordering Paragraphs By the Commission. Justification, a certification of compliance with 39 U.S.C. 3633(a), and I. Introduction Stacy L. Ruble, an application for non-public treatment In accordance with 39 U.S.C. 3642 Secretary. of certain materials. It also filed and 39 CFR 3020.30–.35, the Postal [FR Doc. 2016–13675 Filed 6–8–16; 8:45 am] supporting financial workpapers. Service filed a formal request and BILLING CODE 7710–FW–P associated supporting information to II. Notice of Commission Action add Priority Mail Contract 225 to the The Commission establishes Docket competitive product list.1 POSTAL REGULATORY COMMISSION Nos. MC2016–150 and CP2016–190 to The Postal Service [Docket Nos. MC2016–150 and CP2016–190; consider the Request pertaining to the contemporaneously filed a redacted Order No. 3348] proposed Priority Mail Contract 224 contract related to the proposed new product and the related contract, product under 39 U.S.C. 3632(b)(3) and New Postal Product respectively. 39 CFR 3015.5. Request, Attachment B. The Commission invites comments on To support its Request, the Postal AGENCY: Postal Regulatory Commission. whether the Postal Service’s filings in Service filed a copy of the contract, a ACTION: Notice. the captioned dockets are consistent copy of the Governors’ Decision with the policies of 39 U.S.C. 3632, SUMMARY: The Commission is noticing a authorizing the product, proposed 3633, or 3642, 39 CFR part 3015, and 39 recent Postal Service filing concerning changes to the Mail Classification CFR part 3020, subpart B. Comments are the addition of Priority Mail Contract Schedule, a Statement of Supporting due no later than June 13, 2016. The 224 to the competitive product list. This Justification, a certification of public portions of these filings can be notice informs the public of the filing, compliance with 39 U.S.C. 3633(a), and accessed via the Commission’s Web site invites public comment, and takes other an application for non-public treatment (http://www.prc.gov). of certain materials. It also filed administrative steps. The Commission appoints Natalie R. supporting financial workpapers. DATES: Comments are due: June 13, Ward to serve as Public Representative 2016. II. Notice of Commission Action in these dockets. ADDRESSES: Submit comments The Commission establishes Docket III. Ordering Paragraphs electronically via the Commission’s Nos. MC2016–151 and CP2016–191 to Filing Online system at http:// It is ordered: consider the Request pertaining to the www.prc.gov. Those who cannot submit 1. The Commission establishes Docket proposed Priority Mail Contract 225 comments electronically should contact Nos. MC2016–150 and CP2016–190 to product and the related contract, consider the matters raised in each the person identified in the FOR FURTHER respectively. docket. INFORMATION CONTACT section by The Commission invites comments on 2. Pursuant to 39 U.S.C. 505, Natalie telephone for advice on filing whether the Postal Service’s filings in R. Ward is appointed to serve as an alternatives. the captioned dockets are consistent officer of the Commission to represent with the policies of 39 U.S.C. 3632, FOR FURTHER INFORMATION CONTACT: the interests of the general public in 3633, or 3642, 39 CFR part 3015, and 39 David A. Trissell, General Counsel, at these proceedings (Public CFR part 3020, subpart B. Comments are 202–789–6820. Representative). due no later than June 13, 2016. The SUPPLEMENTARY INFORMATION: 3. Comments are due no later than public portions of these filings can be June 13, 2016. accessed via the Commission’s Web site Table of Contents 4. The Secretary shall arrange for (http://www.prc.gov). I. Introduction publication of this order in the Federal The Commission appoints Natalie R. II. Notice of Commission Action Register. III. Ordering Paragraphs Ward to serve as Public Representative By the Commission. in these dockets. I. Introduction Stacy L. Ruble, III. Ordering Paragraphs In accordance with 39 U.S.C. 3642 Secretary. It is ordered: and 39 CFR 3020.30–.35, the Postal [FR Doc. 2016–13674 Filed 6–8–16; 8:45 am] 1. The Commission establishes Docket Service filed a formal request and BILLING CODE 7710–FW–P Nos. MC2016–151 and CP2016–191 to associated supporting information to consider the matters raised in each add Priority Mail Contract 224 to the docket. competitive product list.1 POSTAL SERVICE 2. Pursuant to 39 U.S.C. 505, Natalie The Postal Service R. Ward is appointed to serve as an contemporaneously filed a redacted Product Change—Priority Mail officer of the Commission to represent contract related to the proposed new Negotiated Service Agreement AGENCY: Postal ServiceTM. 1 Request of the United States Postal Service to 1 Request of the United States Postal Service to Add Priority Mail Contract 225 to Competitive Add Priority Mail Contract 224 to Competitive ACTION: Notice. Product List and Notice of Filing (Under Seal) of Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Unredacted Governors’ Decision, Contract, and SUMMARY: The Postal Service gives Supporting Data, June 3, 2016 (Request). Supporting Data, June 3, 2016 (Request). notice of filing a request with the Postal
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Regulatory Commission to add a ACTION: Notice of a renewal of an (1) Negotiate written agreements with domestic shipping services contract to existing computer-matching program the other agency or agencies the list of Negotiated Service that expires on July 1, 2016. participating in the matching programs; Agreements in the Mail Classification (2) Obtain the approval of the Schedule’s Competitive Products List. DATES: This matching program will matching agreement by the Data DATES: Effective date: June 9, 2016. become effective July 19, 2016. The Integrity Boards (DIB) of the FOR FURTHER INFORMATION CONTACT: matching program will continue for 18 participating Federal agencies; Elizabeth A. Reed, 202–268–3179. months after the effective date and may (3) Publish notice of the computer matching program in the Federal SUPPLEMENTARY INFORMATION: The be extended for an additional 12 Register; United States Postal Service® hereby months, if the conditions specified in 5 (4) Furnish detailed reports about gives notice that, pursuant to 39 U.S.C. U.S.C. 552a(o)(2)(D) have been met, matching programs to Congress and 3642 and 3632(b)(3), on June 3, 2016, it with an expiration date of January 1, 2019. OMB; filed with the Postal Regulatory (5) Notify applicants and beneficiaries Commission a Request of the United SUMMARY: As required by the Privacy that their records are subject to States Postal Service to Add Priority Act of 1974, as amended, the RRB is matching; and Mail Contract 224 to Competitive issuing public notice of its renewal of an (6) Verify match findings before Product List. Documents are available at ongoing computer-matching program reducing, suspending, terminating, or www.prc.gov, Docket Nos. MC2016–150, with the Office of Personnel denying a person’s benefits or CP2016–190. Management (OPM). The purpose of this payments. The last published notice for Stanley F. Mires, notice is to advise individuals applying this matching program was November for or receiving benefits under the Attorney, Federal Compliance. 27, 2013 (78 FR 70971). Railroad Retirement Act of the use made [FR Doc. 2016–13636 Filed 6–8–16; 8:45 am] by RRB of this information obtained B. RRB Computer Matches Subject to BILLING CODE 7710–12–P from OPM by means of a computer the Privacy Act match. We have taken appropriate action to POSTAL SERVICE We will file a report of this computer- ensure that all of our computer matching program with the Committee matching programs comply with the Product Change—Priority Mail on Homeland Security and requirements of the Privacy Act, as Negotiated Service Agreement Governmental Affairs of the Senate; the amended. Committee on Oversight and AGENCY: Postal ServiceTM. Notice of Computer Matching Program, Government Reform of the House of ACTION: Notice. RRB With the Office of Personnel Representatives; and the Office of Management (OPM) SUMMARY: The Postal Service gives Information and Regulatory Affairs, notice of filing a request with the Postal Office of Management and Budget A. Name of Participating Agencies Regulatory Commission to add a (OMB). OPM and RRB. domestic shipping services contract to ADDRESSES: Interested parties may B. Purpose of the Matching Program the list of Negotiated Service comment on this publication by writing Agreements in the Mail Classification The purpose of the match is to enable to Ms. Martha P. Rico, Secretary to the the RRB to (1) identify affected RRB Schedule’s Competitive Products List. Board, Railroad Retirement Board, 844 DATES: Effective date: June 9, 2016. annuitants who are in receipt of a North Rush Street, Chicago, Illinois Federal public pension benefit but who FOR FURTHER INFORMATION CONTACT: 60611–2092. have not reported receipt of this benefit Elizabeth A. Reed, 202–268–3179. FOR FURTHER INFORMATION CONTACT: Mr. to the RRB, and (2) receive timely and SUPPLEMENTARY INFORMATION: The ® Timothy Grant, Chief Privacy Officer, accurate Federal public pension benefit United States Postal Service hereby Railroad Retirement Board, 844 North information for affected RRB annuitants. gives notice that, pursuant to 39 U.S.C. Rush Street, Chicago, Illinois 60611– C. Authority for Conducting the Match 3642 and 3632(b)(3), on June 3, 2016, it 2092, telephone 312–751–4869 or email filed with the Postal Regulatory at [email protected]. Sections 3(a)(1), 4(a)(1) and 4(f)(1) of Commission a Request of the United the Railroad Retirement Act, as States Postal Service to Add Priority SUPPLEMENTARY INFORMATION: amended, 45 U.S.C. 231b(a)(1), Mail Contract 225 to Competitive A. General 231c(a)(1) and 231c(f)(1) require that the Product List. Documents are available at RRB reduce the Railroad Retirement www.prc.gov, Docket Nos. MC2016–151, The Computer Matching and Privacy benefits of certain beneficiaries entitled CP2016–191. Protection Act of 1988, (Pub. L. 100– to Railroad Retirement employee and/or 503), amended by the Privacy Act of spouse/widow benefits who are also Stanley F. Mires, 1974, (5 U.S.C. 552a) as amended, Attorney, Federal Compliance. entitled to a government pension based requires a Federal agency participating on their own non-covered earnings. We [FR Doc. 2016–13637 Filed 6–8–16; 8:45 am] in a computer matching program to call this reduction a Public Service BILLING CODE 7710–12–P publish a notice in the Federal Register Pension (PSP) offset. for all matching programs. Section 224 of the Social Security Act, The Privacy Act, as amended, as amended, 42 U.S.C. 424a, provides RAILROAD RETIREMENT BOARD regulates the use of computer matching for the reduction of disability benefits Privacy Act of 1974; Matching Program by Federal agencies when records when the disabled worker is also (Railroad Retirement Board—Office of contained in a Privacy Act System of entitled to a public disability benefit Personnel Management) Records are matched with other Federal, (PDB). We call this a PDB offset. A civil State, or local government records. It service disability benefit is considered a AGENCY: Railroad Retirement Board requires Federal agencies involved in PDB. Section 224(h)(1) requires any (RRB). computer matching programs to: Federal agency to provide RRB with
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information in its possession that RRB SECURITIES AND EXCHANGE Support Request Fee to both Members may require for the purposes of making COMMISSION and Non-Members. a timely determination of the amount of The Exchange has an infrastructure reduction under section 224 of the [Release No. 34–77989; File No. SR–MIAX– comprised of low latency and ultra-low 2016–13] Social Security Act. Pursuant to 5 U.S.C. latency proximity solutions in several Section 552a(b)(3) OPM has established Self-Regulatory Organizations; Miami offsite data center locales offering routine uses to disclose the subject International Securities Exchange LLC; universal access to all Exchange services information to RRB. Notice of Filing and Immediate via a single common connection across Effectiveness of a Proposed Rule a variety of high speed network D. Categories of Individuals Covered Change To Amend Its Fee Schedule interfaces. The Exchange offers connectivity in Individuals receiving Federal public June 3, 2016. and between its data center facilities pensions or RRB annuities. Pursuant to the provisions of Section and supports direct attachment of all E. Categories of Records Covered 19(b)(1) of the Securities Exchange Act network equipment or direct attached of 1934 (‘‘Act’’) 1 and Rule 19b–4 host systems of both Member and Non- OPM will provide the RRB once a thereunder,2 notice is hereby given that Member users of the Exchange. Member year via secure electronic file transfer, on June 1, 2016, Miami International and Non-Member users of the Exchange data extracted from its annuity and Securities Exchange LLC (‘‘MIAX’’ or are strongly encouraged to establish survivor master file of its Civil Service ‘‘Exchange’’) filed with the Securities connectivity to at least two data centers Retirement and Insurance Records. and Exchange Commission to minimize the possibility of service Normally on December of each year, (‘‘Commission’’) a proposed rule change disruption. OPM transmits to us approximately 2.5 as described in Items I, II, and III below, The Exchange proposes to add new million electronic records for matching. which Items have been prepared by the Section (5)(f) to the Fee Schedule to establish a Member and Non-Member The records contain these data Exchange. The Commission is Technical Support Request Fee. elements: Name, Social Security publishing this notice to solicit Specifically, the Exchange proposes to number, date of birth, civil service claim comments on the proposed rule change from interested persons. charge Members and Non-Members an number, first potential month and year hourly fee in the event that such of eligibility for civil service benefits, I. Self-Regulatory Organization’s Member or Non-Member requests the first month, day, year of entitlement to Statement of the Terms of Substance of Exchange to use the Exchange’s on-site civil service benefits, amount of current the Proposed Rule Change data center personnel to provide gross civil service benefits, and effective The Exchange is filing a proposal to technical support at any of the date (month, day, year) of civil service amend the MIAX Options Fee Schedule Exchange’s data centers. The Exchange amount, and where applicable, civil (the ‘‘Fee Schedule’’). proposes to assess Members and Non- service disability indicator, civil service The text of the proposed rule change Members that request MIAX technical FICA covered month indicator, and civil is available on the Exchange’s Web site support at any of the MIAX data centers service total service months. The RRB at http://www.miaxoptions.com/filter/ a fee of $200 per hour for such technical will match the Social Security number, wotitle/rule_filing, at MIAX’s principal support. name, and date of birth contained in the office, and at the Commission’s Public The purpose of the proposed rule OPM file against approximately the 1.2 Reference Room. change is to make the Exchange’s on-site million records in our files. For records data center personnel available, for a that match, the RRB will extract the II. Self-Regulatory Organization’s fee, to Members and Non-Members Statement of the Purpose of, and civil service payment information. when assisting with troubleshooting Statutory Basis for, the Proposed Rule that requires a physical on-site F. Systems of Records Covered Change presence. In its filing with the Commission, the The proposed Technical Support The Privacy Act System of Records Request fee is scheduled to become designation is OPM/Central-1, (Civil Exchange included statements concerning the purpose of and basis for effective June 1, 2016. Service Retirement and Insurance the proposed rule change and discussed Records), Published in the Federal 2. Statutory Basis any comments it received on the Register on June 7, 2011 (76 FR 32997). proposed rule change. The text of these The Exchange believes that its The RRB Privacy Act System of Records statements may be examined at the proposal to amend its Fee Schedule is 3 is RRB–22, Railroad Retirement, places specified in Item IV below. The consistent with Section 6(b) of the Act Survivor, and Pensioner Benefit System, Exchange has prepared summaries, set in general, and furthers the objectives of 4 published in the Federal Register on forth in sections A, B, and C below, of Section 6(b)(4) of the Act in particular, May 15, 2015 (80 FR 28018). the most significant aspects of such in that it is an equitable allocation of reasonable fees and other charges among Dated: June 6, 2016. statements. Exchange members and issuers and By authority of the Board. A. Self-Regulatory Organization’s other persons using its facilities. Martha P. Rico, Statement of the Purpose of, and the The Exchange believes that the Secretary to the Board. Statutory Basis for, the Proposed Rule proposed new service is consistent with 5 [FR Doc. 2016–13643 Filed 6–8–16; 8:45 am] Change Section 6(b)(5) of the Act in that it is fair, equitable and not unreasonably BILLING CODE 7905–01–P 1. Purpose discriminatory, because it is available to The Exchange proposes to amend its all Members and Non-Members for the Fee Schedule to offer a Technical 3 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b)(5).
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same fee. Moreover, the proposed fee is rule change reflects this competitive submission, all subsequent reasonable because other exchanges environment because the hourly rate is amendments, all written statements charge for similar services at their data competitive with the rates offered by with respect to the proposed rule centers.6 other exchanges for similar services.9 change that are filed with the Additionally, Members and Non- Commission, and all written C. Self-Regulatory Organization’s Members are not required to use the communications relating to the Statement on Comments on the service but instead it is offered as a proposed rule change between the Proposed Rule Change Received From convenience to all Members and Non- Commission and any person, other than Members, Participants, or Others Members. The proposed fee is those that may be withheld from the reasonably designed because it will Written comments were neither public in accordance with the permit both Members and Non-Members solicited nor received. provisions of 5 U.S.C. 552, will be to request the use of the Exchange’s on- III. Date of Effectiveness of the available for Web site viewing and site data center personnel as technical Proposed Rule Change and Timing for printing in the Commission’s Public support and as a convenience that is Commission Action Reference Room, 100 F Street NE., equally available to them. Washington, DC 20549, on official The foregoing rule change has become business days between the hours of B. Self-Regulatory Organization’s effective pursuant to Section 10:00 a.m. and 3:00 p.m. Copies of the Statement on Burden on Competition 10 19(b)(3)(A)(ii) of the Act, and Rule filing also will be available for The Exchange does not believe that 19b–4(f)(2) 11 thereunder. At any time inspection and copying at the principal the proposed rule change will result in within 60 days of the filing of the office of the Exchange. All comments any burden on competition that is not proposed rule change, the Commission received will be posted without change; necessary or appropriate in furtherance summarily may temporarily suspend the Commission does not edit personal of the purposes of the Act. The such rule change if it appears to the identifying information from proposed enhancement of services by Commission that such action is submissions. You should submit only the Exchange provided to its Members necessary or appropriate in the public information that you wish to make and others using its facilities will not interest, for the protection of investors, available publicly. All submissions have an impact on competition. In fact, or otherwise in furtherance of the should refer to File Number SR–MIAX– MIAX’s proposed technical support purposes of the Act. If the Commission 2016–13, and should be submitted on or services at a Member or Non-Member’s takes such action, the Commission shall beforeJune 30, 2016 June 30, 2016. request will benefit all who use such institute proceedings to determine whether the proposed rule should be For the Commission, by the Division of services. As stated above, other Trading and Markets, pursuant to delegated exchanges charge for similar services at approved or disapproved. authority.12 7 their data centers. The Exchange’s IV. Solicitation of Comments Brent J. Fields, hourly rate for such services is within Secretary. the range of prices for similar services Interested persons are invited to [FR Doc. 2016–13612 Filed 6–8–16; 8:45 am] offered by other exchanges, and submit written data, views, and BILLING CODE 8011–01–P therefore the Exchange believes that the arguments concerning the foregoing, proposed hourly rate for technical including whether the proposed rule support does not impose a burden on change is consistent with the Act. Comments may be submitted by any of SECURITIES AND EXCHANGE competition.8 COMMISSION The Exchange notes that it operates in the following methods: a highly competitive market in which Electronic Comments [Release No. 34–77988; File No. SR–FICC– market participants can readily favor 2016–001] • Use the Commission’s Internet competing venues if they deem fee comment form (http://www.sec.gov/ Self-Regulatory Organizations; Fixed levels at a particular venue to be rules/sro.shtml); or Income Clearing Corporation; Order excessive. In such an environment, the • Send an email to rule-comments@ Approving Proposed Rule Change Exchange must continually adjust its ® sec.gov. Please include File Number SR– Relating to the GCF Repo Service fees and rebates to remain competitive MIAX–2016–13 on the subject line. with other exchanges and to attract June 3, 2016. order flow to the Exchange. The Paper Comments On April 19, 2016, the Fixed Income Exchange believes that the proposed • Send paper comments in triplicate Clearing Corporation (‘‘FICC’’ or the ‘‘Corporation’’) filed with the Securities 6 to Secretary, Securities and Exchange See Chicago Board Options Exchange, Commission, 100 F Street NE., and Exchange Commission Incorporated (‘‘CBOE’’) Fees Schedule, p. 9. CBOE (‘‘Commission’’) proposed rule change charges $100 per hour for technical support outside Washington, DC 20549–1090. SR–FICC–2016–001 pursuant to Section normal hours and for after-hours technician All submissions should refer to File services with a four hour minimum required. See 19(b)(1) of the Securities Exchange Act Number SR–MIAX–2016–13. This file also NYSE Amex Options (‘‘Amex’’) Fee Schedule, of 1934 (‘‘Act’’) 1 and Rule 19b–4 number should be included on the Section V(B) and NYSE Arca Options (‘‘Arca’’) Fees thereunder.2 The proposed rule change and Charges, p. 18. Both Amex and Arca charge subject line if email is used. To help the was published for comment in the $100 per half hour for ‘‘Hot Hands Services,’’ which Commission process and review your consists of allowing Amex and Arca Users to use Federal Register on April 27, 2016.3 comments more efficiently, please use Amex or Arca on-site data center personnel to The Commission received no comments only one method. The Commission will maintain User equipment, support network on the proposed rule change. For the troubleshooting, rack and stack, power recycling post all comments on the Commission’s and install and document cable. See also NASDAQ Internet Web site (http://www.sec.gov/ PHLX LLC (‘‘Phlx’’) Pricing Schedule, Section X(d). 12 17 CFR 200.30–3(a)(12). Phlx charges $150 per hour for ‘‘Remote Hands rules/sro.shtml). Copies of the 1 15 U.S.C. 78s(b)(1). Service’’ and $250 per hour plus materials if 2 17 CFR 240.19b–4. necessary for ‘‘Power Consulting Services.’’ 9 See supra note 6. 3 Securities Exchange Act Release No. 34–77675 7 Id. 10 15 U.S.C. 78s(b)(3)(A)(ii). (April 21, 2016), 81 FR 24922 (April 27, 2016) (SR– 8 See id. 11 17 CFR 240.19b–4(f)(2). FICC–2016–001).
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reasons discussed below, the separate trading of registered interest Pilot Program, as well its predecessors, Commission is approving the proposed and principal securities.9 the 2014, 2013, and 2012 Pilot rule change. B. Background of the Pilot Program Programs, have been the subject of a number of notices and approval orders I. Description of the Proposed Rule Because FICC’s GCF Repo service published by the Commission.16 These Change operates as a tri-party mechanism, FICC notices and orders provide extensive states that it was asked to alter the detail on both the GCF Repo service and FICC seeks the Commission’s service to align it with the the pilot program itself. approval to amend the Government recommendations of the Tri-Party Repo Securities Division (‘‘GSD’’) Rulebook 4 Infrastructure Reform Task Force In proposed rule change SR–FICC– (‘‘GSD Rules’’) in order to: (1) (‘‘TPR’’).10 FICC consequently 2016–001, FICC seeks the Commission’s Permanently adopt the pilot program developed a pilot program (‘‘2011 Pilot approval to permanently adopt the GSD (the ‘‘2015 Pilot Program’’) 5 that is Program’’) to address the TPR’s Rules associated with the 2015 Pilot currently in effect for the GCF Repo® 6 recommendations,11 and sought Program, which expires on June 22, service and that is scheduled to expire Commission approval to institute that 2016. In addition, FICC also seeks to on June 22, 2016; (2) add clarifying rule program.12 The Commission approved add a clarification to the GSD Rules to changes regarding a process that is the 2011 Pilot Program on August 29, reflect the net-of-net settlement process currently in effect with respect to the 2011 for a period of one year.13 When in the GCF Repo service. According to GCF Repo service and that FICC refers the expiration date for the 2011 Pilot FICC, the net-of-net settlement to as the ‘‘net-of-net’’ settlement Program approached, FICC sought clarification is also a result of Tri-Party process; and (3) make technical changes Commission approval to implement the Reform and reflects current practice at to the GSD Rules. The proposed rule 2012 Pilot Program, which continued the GSD. FICC seeks to permanently changes consist of changes to GSD Rule the 2011 Pilot Program in some aspects, adopt these changes rather than and modified it in others.14 The 1, GSD Rule 20, and the Schedule of continually file annual extensions of the Commission approved the 2012 Pilot GCF Timeframes. pilot program. The rule changes Program, as well as subsequent one-year associated with the pilot have been in A. The GCF Repo Service extensions of the pilot program in 2013, 2014, and 2015 (respectively, the ‘‘2013 place since 2011 with certain additional The GCF Repo service allows dealer Pilot Program,’’ ‘‘2014 Pilot Program,’’ modifications made in 2012, and FICC’s members of FICC’s Government Services and ‘‘2015 Pilot Program’’).15 The 2015 members are accustomed to them. FICC Division to trade general collateral states that this is also the case regarding finance repos (‘‘GCF Repos’’) 7 9 See Securities Exchange Act Release No. 34– the net-of-net settlement changes, which throughout the day without requiring 58696 (September 30, 2008), 73 FR 58698, 58699 came into effect when the clearing intraday, trade-for-trade settlement on a (October 7, 2008) (SR–FICC–2008–04). banks implemented this process in 2014 10 8 The TPR was an industry group formed and delivery-versus-payment basis. The sponsored in 2009 by the Federal Reserve Bank of and 2015. According to FICC, changes to service allows dealers to trade GCF New York to address weaknesses that emerged in the GSD Rules regarding the net-of-net Repos, based on rate and term, with the tri-party repo market during the financial crisis. settlement process require no inter-dealer broker netting members on The TPR’s chief goal was to develop recommendations to address the risks presented by operational changes on the part of FICC. a blind basis. Standardized, generic the reversal of tri-party repo transactions, and to However, FICC seeks to update the GSD CUSIP numbers have been established develop procedures to ensure that tri-party repos Rules in an effort to ensure that the GSD exclusively for GCF Repo processing, would be collateralized throughout the day, rather Rules reflect the current net-of-net than at the end of the day. and are used to specify the type of 11 The TPR issued preliminary and final reports settlement process. According to FICC, underlying security that is eligible to setting forth its recommendations for the reform of any future changes that arise as a result serve as collateral for GCF Repos. Only the tri-party repo market. See Tri-Party Repo of Tri-Party Reform will constitute Fedwire eligible, book-entry securities Infrastructure Reform Task Force Report of May 17, stand-alone rule changes, and are not 2000, available at http://www.newyorkfed.org/prc/ may serve as collateral for GCF Repos. files/report_100517.pdf; see also Tri-Party Repo expected to affect the rule changes Acceptable collateral for GCF Repos Infrastructure Reform Task Force Final Report covered in this present filing. Finally, in include most U.S. Treasury securities, (February 15, 2012), available at http:// addition to the above, FICC seeks to www.newyorkfed.org/tripartyrepo/pdf/report_ non-mortgage-backed federal agency 120215.pdf. amend the GSD Rules to include non- securities, fixed and adjustable rate 12 Securities Exchange Act Release No. 34–64955 substantive, technical changes for mortgage-backed securities, Treasury (July 25, 2011), 76 FR 45638 (July 29, 2011) (SR– clarity. Inflation-Protected Securities and FICC–2011–05). 13 Securities Exchange Act Release No. 34–65213 (August 29, 2011), 76 FR 54824 (September 2, 2011) Act Release No. 34–72457 (June 24, 2014), 79 FR 4 The GSD Rulebook is available at DTCC’s Web (SR–FICC–2011–05). 36856 (June 30, 2014) (SR–FICC–2014–02); and site, www.dtcc.com/legal/rules-and- 14 The 2012 Pilot Program implemented several Securities Exchange Act Release No. 34–75258 procedures.aspx. changes which, although described in the rule filing (June 22, 2015), 80 FR 36879 (June 26, 2015) (SR– 5 Securities Exchange Act Release No. 34–75258 that accompanied the 2011 Pilot Program, were not FICC–2015–002). (June 22, 2015), 80 FR 36879 (June 26, 2015) (SR– implemented during the 2011 Pilot Program’s 16 See Securities Exchange Act Release Nos. 34– FICC–2015–002). period of effectiveness. They include: (i) Moving 67227 (June 20, 2012), 77 FR 38108 (June 26, 2012) 6 GCF Repo is a registered trademark of FICC/ the time for unwinding repos from 7:30 a.m. to 3:30 (SR–FICC–2012–05); 34–67621 (August 8, 2012), 77 DTCC. p.m.; (ii) moving the net-free-equity process from FR 48572 (August 14, 2012) (SR–FICC–2012–05); 7 A GCF Repo is one in which the lender of funds morning to the evening; and (iii) establishing rules 34–69774 (June 17, 2013), 78 FR 37631 (June 21, is willing to accept any of a class of U.S. Treasuries, for intraday GCF Repo collateral substitutions. See 2013) (SR–FICC–2013–06); 34–70068 (July 30, U.S. government agency securities, and certain Securities Exchange Act Release No. 34–67227 2013), 78 FR 47453 (August 5, 2013) (SR–FICC– mortgage-backed securities as collateral for the (June 20, 2012), 77 FR 38108 (June 26, 2012) (SR– 2013–06); 34–72184 (May 19, 2014), 79 FR 29828 repurchase obligation. This is in contrast to a FICC–2012–05). (May 23, 2014) (SR–FICC–2014–02); 34–72457 (June specific collateral repo. 15 Securities Exchange Release No. 34–67621 24, 2014), 79 FR 36856 (June 30, 2014) (SR–FICC– 8 Delivery-versus-payment is a settlement (August 8, 2012), 77 FR 48572 (August 14, 2012) 2014–02); 34–74973 (May 15, 2015), 80 FR 29352 procedure in which the buyer’s cash payment for (SR–FICC–2012–05); Securities Exchange Release (May 21, 2015) (SR–FICC–2015–002); and 34–75258 the securities it has purchased is due at the time No. 34–70068 (July 30, 2013), 78 FR 47453 (August (June 22, 2015), 80 FR 36879 (June 26, 2015) (SR– the securities are delivered. 5, 2013) (SR–FICC–2013–06); Securities Exchange FICC–2015–002).
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II. Discussion III. Conclusion and at the Commission’s Public Section 19(b)(2)(C) of the Act 17 On the basis of the foregoing, the Reference Room. directs the Commission to approve a Commission finds that the proposed II. Self-Regulatory Organization’s proposed rule change of a self- rule change is consistent with the Statement of the Purpose of, and regulatory organization if it finds that requirements of the Act, particularly Statutory Basis for, the Proposed Rule such proposed rule change is consistent those set forth in Section 17A,21 and the Change with the requirements of the Act and the rules and regulations thereunder. In its filing with the Commission, the rules and regulations thereunder It is therefore ordered, pursuant to self-regulatory organization included 22 applicable to such organization. Section Section 19(b)(2) of the Act, that the statements concerning the purpose of, 18 17A(b)(3)(F) of the Act requires, proposed rule change (SR–FICC–2016– and basis for, the proposed rule change 23 among other things, that the rules of a 001) be, and hereby is, approved. and discussed any comments it received clearing agency be designed to achieve For the Commission, by the Division of on the proposed rule change. The text several goals, including (i) promoting Trading and Markets, pursuant to delegated of those statements may be examined at the prompt and accurate clearance and authority.24 the places specified in Item IV below. settlement of securities transactions Brent J. Fields, The Exchange has prepared summaries, and, to the extent applicable, derivative Secretary. set forth in sections A, B, and C below, agreements, contracts, and transactions, [FR Doc. 2016–13611 Filed 6–8–16; 8:45 am] of the most significant parts of such (ii) assuring the safeguarding of BILLING CODE 8011–01–P statements. securities and funds that are in the custody or control of the clearing agency A. Self-Regulatory Organization’s or for which it is responsible, and (iii) Statement of the Purpose of, and SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule protecting investors and the public COMMISSION interest. Change The Commission finds that the [Release No. 34–77992; File No. SR– 1. Purpose proposed rule change is consistent with NYSEArca–2016–79] The Exchange proposes to list and Section 17A of the Act 19 and the rules Self-Regulatory Organizations; NYSE trade shares (‘‘Shares’’) of the following thereunder applicable to FICC. The Arca, Inc.; Notice of Filing of Proposed under NYSE Arca Equities Rule 8.600, proposal will permanently adopt the Rule Change Relating to the Listing which governs the listing and trading of rules in the 2015 Pilot Program, which and Trading of Shares of the Virtus Managed Fund Shares: 4 Virtus Japan were intended to advance the TPR’s Tri- Japan Alpha ETF Under NYSE Arca Alpha ETF (‘‘Fund’’).5 Party Reform recommendations by Equities Rule 8.600 The Shares will be offered by Virtus moving the morning unwind process to ETF Trust II (‘‘Trust’’), which is the afternoon to ensure that such June 3, 2016. registered with the Commission as an transactions are collateralized all day Pursuant to Section 19(b)(1) 1 of the open-end management investment and, therefore, limiting the amount of Securities Exchange Act of 1934 (the company.6 Virtus ETF Advisers LLC intraday credit that is extended by ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 clearing banks during the day. notice is hereby given that, on May 24, 4 A Managed Fund Share is a security that Permanently adopting these rules will 2016, NYSE Arca, Inc. (the ‘‘Exchange’’ represents an interest in an investment company serve to minimize systemic risk and or ‘‘NYSE Arca’’) filed with the registered under the Investment Company Act of avoid the need for seeking future 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as Securities and Exchange Commission an open-end investment company or similar entity approvals of renewing the 2015 Pilot (the ‘‘Commission’’) the proposed rule that invests in a portfolio of securities selected by Program annually, thereby bringing change as described in Items I and II its investment adviser consistent with its certainty to market participants as to below, which Items have been prepared investment objectives and policies. In contrast, an open-end investment company that issues FICC’s rules implementing the Tri-Party by the self-regulatory organization. The Investment Company Units, listed and traded on Reform recommendations. Accordingly, Commission is publishing this notice to the Exchange under NYSE Arca Equities Rule the permanent adoption of the 2015 solicit comments on the proposed rule 5.2(j)(3), seeks to provide investment results that Pilot Program rules should help to change from interested persons. correspond generally to the price and yield performance of a specific foreign or domestic stock protect investors and promote the index, fixed income securities index or combination public interest, consistent with Section I. Self-Regulatory Organization’s Statement of the Terms of the Substance thereof. 17A(b)(3)(F) of the Act. 5 The Commission has previously approved The proposal also eliminates obsolete of the Proposed Rule Change listing and trading on the Exchange of a number of language from the GSD Rules by The Exchange proposes to list and actively managed funds under Rule 8.600. See, e.g., Securities Exchange Act Release Nos. 57801 (May codifying the net-of-net settlement trade shares of the Virtus Japan Alpha 8, 2008), 73 FR 27878 (May 14, 2008) (SR– process in the GSD Rules, and makes ETF under NYSE Arca Equities Rule NYSEArca–2008–31) (order approving Exchange non-substantive clarifying corrections to 8.600 (‘‘Managed Fund Shares’’). The listing and trading of twelve actively-managed the GSD Rules. Accordingly, the proposed rule change is available on the funds of the WisdomTree Trust); 62502 (July 15, 2010), 75 FR 42471 (July 21, 2010) (SR–NYSEArca– changes related to the net-of-net Exchange’s Web site at www.nyse.com, 2010–57) (order approving listing and trading of settlement process and the clarifying at the principal office of the Exchange, AdviserShares WCM/BNY Mellon Focused Growth changes to the GSD Rules should ADR ETF); 63076 (October 12, 2010), 75 FR 63874 provide for a more well-founded and 21 15 U.S.C. 78q–1. (October 18, 2010) (SR–NYSEArca–2010–79) (order approving listing and trading of Cambria Global 22 15 U.S.C. 78s(b)(2). transparent legal framework for FICC’s Tactical ETF); 71540 (February 12, 2014), 79 FR 23 activities, consistent with Act Rule In approving the proposed rule change, the 9515 (February 19, 2014) (SR–NYSEArca–2013– 17Ad–22(d)(1).20 Commission considered the proposal’s impact on 138) (order approving listing and trading of shares efficiency, competition, and capital formation. See of the iShares Enhanced International Large-Cap 15 U.S.C. 78c(f). ETF and iShares Enhanced International Small-Cap 17 15 U.S.C. 78s(b)(2)(C). 24 17 CFR 200.30–3(a)(12). ETF). 18 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1). 6 The Trust is registered under the 1940 Act. On 19 15 U.S.C. 78q–1. 2 15 U.S.C. 78a. February 26, 2016, the Trust filed with the 20 17 CFR 240.17Ad–22(d)(1). 3 17 CFR 240.19b–4. Commission an amendment to its registration
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will serve as the investment adviser to connection with the establishment of a Depositary Receipts (‘‘ADRs’’) 9 on the the Fund (‘‘Adviser’’). Euclid Advisors ‘‘fire wall’’ between the investment common stock of such Index LLC will serve as the Fund’s sub-adviser adviser and the broker-dealer reflects components. Securities held by the (‘‘Sub-Adviser’’). ETF Distributors LLC the applicable open-end fund’s Fund may be underweighted or (‘‘Distributor’’) will be the principal portfolio, not an underlying benchmark overweighted relative to their positions underwriter and distributor of the index, as is the case with index-based in the Index. Fund’s Shares. Virtus ETF Solutions funds. The Adviser and Sub-Adviser are Although the Fund will focus on LLC will serve as the administrator for not registered broker-dealers but are investment in securities in the Index as the Fund. The Bank of New York affiliated with a broker-dealer and each described above, the Fund may also Mellon (‘‘Transfer Agent’’) will serve as has implemented a ‘‘fire wall’’ with invest in common stocks of other accounting services administrator, respect to such broker-dealer regarding Japanese companies with characteristics custodian and transfer agent for the access to information concerning the similar to those listed on the Index, as Fund. composition and/or changes to the determined by the Sub-Adviser. With Commentary .06 to Rule 8.600 Fund’s portfolio. In the event (a) the respect to such common stocks, the provides that, if the investment adviser Adviser or Sub-Adviser becomes Fund will only invest in securities that to the investment company issuing registered as a broker-dealer or newly are listed on the Tokyo Stock Managed Fund Shares is affiliated with affiliated with a broker-dealer or (b) any Exchange 10 and that have a market a broker-dealer, such investment adviser new adviser or sub-adviser is a capitalization of $250,000,000 U.S. shall erect a ‘‘fire wall’’ between the registered broker-dealer or becomes dollars or greater. The Fund may also investment adviser and the broker- affiliated with a broker-dealer, it will invest in ADRs on such common stocks. dealer with respect to access to implement a fire wall with respect to its Positions may be reduced or removed information concerning the composition relevant personnel or broker-dealer when the Sub-Adviser determines that a and/or changes to such investment affiliate regarding access to information security has become overweighted company portfolio. In addition, concerning the composition and/or within the Fund’s portfolio, that the Commentary .06 further requires that changes to the portfolio, and will be security’s prospects have adversely personnel who make decisions on the subject to procedures designed to changed, that the Fund should raise open-end fund’s portfolio composition prevent the use and dissemination of funds for new or other investments or must be subject to procedures designed material non-public information that there are more attractive to prevent the use and dissemination of regarding such portfolio. opportunities. material nonpublic information Principal Investments Other Investments regarding the open-end fund’s According to the Registration While the Fund, under normal portfolio.7 Commentary .06 to Rule Statement, under normal circumstances, will invest at least 80% 8.600 is similar to Commentary .03(a)(i) circumstances,8 the Fund will invest not of its assets in common stock of and (iii) to NYSE Arca Equities Rule less than 80% of its assets in the Japanese companies listed in the Index, 5.2(j)(3); however, Commentary .06 in common stocks of certain Japanese common stock of certain other Japanese companies and ADRs, as described statement on Form N–1A under the Securities Act companies listed in the JPX-Nikkei 400 of 1933 (15 U.S.C. 77a), and under the 1940 Act Total Return Index (‘‘Index’’), a free- above, the Fund will invest its relating to the Fund (File Nos. 333–206600 and float adjusted market capitalization- remaining assets in the securities and 811–23078) (‘‘Registration Statement’’). The weighted equity index composed of 400 financial instruments described below. description of the operation of the Trust and the Tokyo Stock Exchange-listed securities, The Fund may invest in securities Fund herein is based, in part, on the Registration index futures contracts and foreign Statement. In addition, the Commission has issued and the financial instruments listed 11 an order granting certain exemptive relief to the below. currency futures contracts. According Trust under the 1940 Act. See Investment Company According to the Registration to the Registration Statement, in general, Act Release No. 30825 (December 11, 2013) (File Statement, the Fund will be actively- the Fund will not purchase or sell No. 812–14212). futures contracts unless either (i) the 7 An investment adviser to an open-end fund is managed through the selection, at any required to be registered under the Investment given time, of approximately 80–100 futures contracts are purchased for Advisers Act of 1940 (‘‘Advisers Act’’). As a result, common stocks from the Index based on ‘‘bona fida hedging’’ purposes (as the Adviser and its related personnel are subject to quantitative and qualitative factors, defined under applicable Commodity the provisions of Rule 204A–1 under the Advisers Futures Trading Commission Act relating to codes of ethics. This Rule requires including an assessment of the investment advisers to adopt a code of ethics that following characteristics: Cash flow regulations) or (ii) if purchased for other reflects the fiduciary nature of the relationship to return on invested capital; earnings purposes, the sum of the amounts of clients as well as compliance with other applicable quality and momentum; operational initial margin deposits and premiums securities laws. Accordingly, procedures designed required to establish such positions on to prevent the communication and misuse of non- quality; corporate governance policies; public information by an investment adviser must and capital stewardship. The Fund may be consistent with Rule 204A–1 under the Advisers invest in such Index components by 9 ADRs are bought and sold in the United States Act. In addition, Rule 206(4)–7 under the Advisers directly purchasing shares of common and are typically issued by a U.S. bank or trust Act makes it unlawful for an investment adviser to company which evidence ownership of underlying provide investment advice to clients unless such stock or investing in American securities by a foreign corporation. No more than investment adviser has (i) adopted and 10% of the net assets of the Fund will be invested implemented written policies and procedures 8 The term ‘‘under normal circumstances’’ in ADRs that are not exchange-listed. reasonably designed to prevent violation, by the includes, but is not limited to, the absence of 10 Japan Exchange Regulation (‘‘JPX–R’’) is a investment adviser and its supervised persons, of extreme volatility or trading halts in the securities member of the Intermarket Surveillance Group and the Advisers Act and the Commission rules adopted markets or the financial markets generally; information relating to transactions in Tokyo Stock thereunder; (ii) implemented, at a minimum, an circumstances under which the Fund’s investments Exchange listed securities is available through JPX– annual review regarding the adequacy of the are made for temporary defensive purposes; R. policies and procedures established pursuant to operational issues causing dissemination of 11 In instances involving the purchase of futures subparagraph (i) above and the effectiveness of their inaccurate market information; or force majeure contracts, the Fund will deposit in a segregated implementation; and (iii) designated an individual type events such as systems failure, natural or man- account with its custodian an amount of cash, cash (who is a supervised person) responsible for made disaster, act of God, armed conflict, act of equivalents and/or appropriate securities equal to administering the policies and procedures adopted terrorism, riot or labor disruption or any similar the cost of such futures contracts, to the extent that under subparagraph (i) above. intervening circumstance. such deposits are required under the 1940 Act.
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the Fund’s existing futures would not limitation, those subject to repurchase other circumstances, the Fund were in exceed 5% of the liquidation value of agreements); banker’s acceptances a position where more than 15% of its the Fund’s total assets. (credit instruments evidencing the net assets were invested in illiquid The Fund may also invest in forward obligation of a bank to pay a draft drawn assets, it would seek to take appropriate contracts and non-deliverable forward on it by a customer); certificates of steps to protect liquidity. (‘‘NDF’’) contracts on the foreign deposit of domestic branches of banks Illiquid assets include securities currency spot market. (certificates representing the obligation subject to contractual or other The Fund may invest in when-issued of a bank to repay funds deposited with restrictions on resale and other and forward commitment securities, it for a specified period of time); instruments that lack readily available which means delivery and payment take commercial paper 16 (unsecured, short- markets as determined in accordance place a number of days after the date of term debt obligation of a bank, with Commission staff guidance.19 the commitment to purchase, if the corporation or other borrower); and The Fund’s investments will be Fund holds sufficient liquid assets to master notes (unsecured obligations consistent with the Fund’s investment meet the purchase price. which are redeemable upon demand of objective and will not be used to The Fund may invest in the following the holder and which permit the enhance leverage. That is, while the equity securities (other than non- investment of fluctuating amounts at Fund will be permitted to borrow as exchange traded investment company varying rates of interest). permitted under the 1940 Act, the securities): Common stocks traded on The Fund may invest assets in shares Fund’s investments will not be used to U.S. or Japanese securities exchanges of money market funds. seek performance that is the multiple or inverse multiple (i.e., 2Xs and 3Xs) of (other than the Tokyo Stock Exchange); Investment Restrictions common stocks traded on the over-the- the Index. The Fund may, from time to time, counter market; U.S. and foreign Net Asset Value exchange-traded preferred stocks; U.S. take temporary defensive positions that and foreign exchange-traded convertible are inconsistent with its principal According to the Registration preferred stocks; U.S. and foreign investment strategies in an attempt to Statement, a Share’s net asset value exchange-traded convertible bonds; U.S. respond to adverse market, economic, (‘‘NAV’’) will be determined as of the and foreign exchange-traded warrants; political or other conditions. In such close of the regular trading session on and U.S. and foreign exchange-traded circumstances, the Fund may also hold the New York Stock Exchange (‘‘NYSE’’) up to 100% of its portfolio in cash and (normally at 4:00 p.m., Eastern Time rights. The Fund will not invest in 17 ADRs on any of these equity securities. cash equivalent positions. (‘‘E.T.’’)) on each day that the NYSE is In addition, the Fund may invest in, The Fund intends to maintain the open for trading. Any assets or liabilities to the extent permitted by Section required level of diversification and denominated in currencies other than 12(d)(1) of the 1940 Act and the rules otherwise conduct its operations so as to the U.S. dollar will be converted into qualify as a ‘‘regulated investment thereunder,12 other open-end U.S. dollars at the current market rates company’’ for purposes of the Internal investment companies, including other on the date of valuation as quoted by Revenue Code of 1986.18 exchange-traded funds (‘‘ETFs’’).13 one or more sources. The Fund may hold up to an aggregate The Fund may invest in Currency The NAV of the Shares for the Fund amount of 15% of its net assets in Trust Shares.14 is equal to the Fund’s total assets minus illiquid assets, which are investments The Fund may invest in real estate the Fund’s total liabilities divided by that cannot be sold or disposed of in the investment trusts (‘‘REITs’’) traded on the total number of Shares outstanding. ordinary course of business within U.S. exchanges and Japanese exchanges. Interest and investment income on the seven days at approximately the prices The Fund may enter into short sales Fund’s assets accrue daily and are at which they are valued. Under the of securities. The Fund may also enter included in the Fund’s total assets. supervision of the Board of Trustees of into short sales ‘‘against the box,’’ i.e., Expenses and fees (including the Trust (‘‘Board’’), the Fund will when the Fund sells a security short investment advisory, management, determine the liquidity of the Fund’s while owning a securities equivalent in administration and distribution fees, if investments, which will be monitored kind and amount to the securities sold any) accrue daily and are included in by the Board pursuant to reports. If short (or securities convertible or the Fund’s total liabilities. The NAV through a change in values, net assets or exchangeable into such securities) and that is published is rounded to the will hold such securities while the short nearest cent; however, for purposes of have at least $100,000,000 par amount outstanding sale is outstanding. in developed countries or at least $200,000,000 par 19 The Commission has stated that long-standing The Fund may invest in the following amount outstanding in emerging market countries. Commission guidelines have required open-end money market instruments: U.S. 16 According to the Registration Statement, the funds to hold no more than 15% of their net assets Government obligations; corporate debt Fund will directly invest in commercial paper only in illiquid securities and other illiquid assets. See obligations 15 (including, without if such commercial paper is rated in one of the two Investment Company Act Release No. 28193 (March highest rating categories as rated by a major credit 11, 2008), 73 FR 14618 (March 18, 2008), footnote agency or, if unrated, will be of comparable quality 34. See also, Investment Company Act Release No. 12 15 U.S.C. 80a–12(d)(1). as determined by the Sub-Adviser. 5847 (October 21, 1969), 35 FR 19989 (December 13 For purposes of this filing, ETFs consist of 17 Cash equivalents are short-term instruments 31, 1970) (Statement Regarding ‘‘Restricted Investment Company Units (as described in NYSE with maturities of less than 3 months. Short-term Securities’’); Investment Company Act Release No. Arca Equities Rule 5.2(j)(3)), Portfolio Depositary instruments shall include the following: (i) U.S. 18612 (March 12, 1992), 57 FR 9828 (March 20, Receipts (as described in NYSE Arca Equities Rule Government securities, including bills, notes and 1992) (Revisions of Guidelines to Form N–1A). A 8.100); and Managed Fund Shares (as described in bonds differing as to maturity and rates of interest, fund’s portfolio security is illiquid if it cannot be NYSE Arca Equities Rule 8.600). All ETFs will be which are either issued or guaranteed by the U.S. disposed of in the ordinary course of business listed and traded in the U.S. on a national securities Treasury or by U.S. Government agencies or within seven days at approximately the value exchange. The Fund will not invest in inverse ETFs instrumentalities; (ii) certificates of deposit issued ascribed to it by the fund. See Investment Company or in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs. against funds deposited in a bank or savings and Act Release No. 14983 (March 12, 1986), 51 FR 14 Currency Trust Shares are securities such as loan association; (iii) bankers’ acceptances; (iv) 9773 (March 21, 1986) (adopting amendments to those described in NYSE Arca Equities Rule 8.202. repurchase agreements and reverse repurchase Rule 2a–7 under the 1940 Act); Investment 15 The Adviser expects that under normal market agreements; (v) bank time deposits; (vi) commercial Company Act Release No. 17452 (April 23, 1990), conditions, the Fund will seek to invest at least paper; and (vii)money market funds. 55 FR 17933 (April 30, 1990) (adopting Rule 144A 75% of its corporate bond assets in issuances that 18 26 U.S.C. 851. under the 1933 Act).
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determining the price of Creation Units, which the portfolio security is redemption order is received in an the NAV is calculated to five decimal principally traded closes early; or (iv) acceptable form under the Participant places. trading of the particular portfolio Agreement. The pricing and valuation of portfolio security is halted during the day and The consideration for purchase of securities is determined in good faith in does not resume prior to the Fund’s Creation Units generally will consist of accordance with procedures approved NAV calculation. In addition, the Trust an in-kind deposit of Deposit Securities by, and under the direction of, the may fair value foreign equity portfolio for each Creation Unit constituting a Board. In determining the value of the securities each day the Trust calculates substantial replication, or a Fund’s assets, equity securities (other the Fund’s NAV. Pursuant to policies representation, of the securities than non-exchange traded investment adopted by the Board, the Adviser will included in the Fund’s portfolio and a company securities), including shares of consult with Bank of New York Mellon Cash Component (calculated as preferred stocks, convertible preferred and the Sub-Adviser on a regular basis described in this section below). stocks, warrants, rights, ETFs, REITs, regarding the need for fair value pricing. Together, the Deposit Securities and the Currency Trust Shares and sponsored The Fund’s policies regarding fair value Cash Component constitute the ‘‘Fund and unsponsored ADRs, generally will pricing are intended to result in a Deposit,’’ which represents the be valued at market value using calculation of the Fund’s NAV that minimum initial and subsequent quotations from the primary market on fairly reflects portfolio security values investment amount for a Creation Unit which they are traded. The Fund as of the time of pricing. A portfolio of the Fund. normally will use third party pricing security’s ‘‘fair value’’ price may differ According to the Registration services to obtain market quotations. from the price next available for that Statement, the function of the Cash Money market instruments and cash portfolio security using the Fund’s Component will be to compensate for equivalents will be valued on the basis normal pricing procedures, and the fair any differences between the NAV per of broker quotes or valuations provided value price may differ substantially Creation Unit and the market value of by a third party pricing service, which from the price at which the security may the Deposit Securities. The Cash in determining value utilizes ultimately be traded or sold. The Board Component would be an amount equal information regarding recent sales, will monitor and evaluate the Fund’s to the difference between the NAV of market transactions in comparable use of fair value pricing, and will the Shares (per Creation Unit) and the securities, quotations from dealers and periodically review the results of any market value of the Deposit Securities. various relationships between fair valuation under the Trust’s policies. If the Cash Component is a positive securities. number (i.e., the NAV per Creation Unit Futures contracts will generally be Creation and Redemption of Shares exceeds the market value of the Deposit valued at the settlement price of the According to the Registration Securities), the Cash Component will be relevant exchange. Statement, Shares of the Fund will be such positive amount and the Investments in other open end ‘‘created’’ at NAV by certain large Authorized Participant will deliver the investment companies (other than ETFs) institutions only in block-size ‘‘Creation Cash Component. If the Cash that are registered under the 1940 Act, Units’’ of 50,000 Shares or multiples Component is a negative number (i.e., including money market funds, will be thereof. The size of a Creation Unit is the NAV per Creation Unit is less than valued based upon the NAVs reported subject to change. Only an ‘‘Authorized the market value of the Deposit by such registered open end investment Participant’’ may create or redeem Securities), the Cash Component will be companies. The prospectuses for these Creation Units directly with the Fund. such negative amount, and the companies explain the circumstances Each Authorized Participant will enter Authorized Participant will be entitled under which they will use fair value into an authorized participant to receive cash from the Fund in an pricing and the effects of using fair agreement with the Trust, Distributor amount equal to the Cash Component. value pricing. and Transfer Agent (‘‘Participant The Fund, through NSCC, will make NDFs and foreign forward currency Agreement’’). An Authorized Participant available on each day on which the contracts will be valued intraday using must either be (i) a broker-dealer or NYSE is open for business (‘‘Business market quotes, or another proxy as other participant (‘‘Participating Party’’) Day’’), immediately prior to the opening determined to be appropriate by a third in the clearing process through the of business on the NYSE (currently 9:30 party market data provider. Continuous Net Settlement System a.m., E.T.), the list of the names and the Securities and assets for which market (‘‘Clearing Process’’) of the National required number of shares of each quotations are not readily available or Securities Clearing Corporation Deposit Security to be included in the which cannot be accurately valued (‘‘NSCC’’) or a clearing agency that is current Fund Deposit (based on using the Fund’s normal pricing registered with the Commission or (ii) a information at the end of the previous procedures will be valued by the Trust’s participant of the Depository Trust Business Day) for the Fund. The Fund, Fair Value Pricing Committee at fair Company (‘‘DTC Participant’’). through NSCC, will also make available value as determined in good faith under A creation transaction generally takes on each Business Day the estimated policies approved by the Board. Fair place when an Authorized Participant Cash Component, effective through and value pricing may be used, for example, deposits into the Fund a basket of equity including the previous Business Day, in situations where (i) portfolio securities included in the Fund’s per outstanding Creation Unit of the securities, such as securities with small portfolio (‘‘Deposit Securities’’) and a Fund. capitalizations, are so thinly traded that specified cash payment (‘‘Cash According to the Registration there have been no transactions for that Component’’). Statement, the identity and number of security over an extended period of Similarly, Shares can be redeemed shares of the Deposit Securities required time; (ii) an event occurs after the close only in Creation Units, generally in for the Fund Deposit for the Fund may of the exchange on which a portfolio exchange for Deposit Securities and a change as rebalancing adjustments and security is principally traded that is Cash Component. corporate action events are reflected likely to change the value of the The prices at which creations and from time to time by the Sub-Adviser portfolio security prior to the Fund’s redemptions occur are based on the next with a view to the investment objective NAV calculation; (iii) the exchange on calculation of NAV after a creation or of the Fund. In addition, the Trust
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reserves the right to permit or require may, in its sole discretion, permit.20 The or other identifier, if any; a description the substitution of an amount of cash, Fund may also, in its sole discretion, of the holding (including the type of i.e., a ‘‘cash in lieu’’ amount, to be upon request of the shareholder, holding); the identity of the security, added to the Cash Component to replace provide such redeemer a portfolio of index, or other asset or instrument any Deposit Security that may not be securities which differs from the exact underlying the holding, if any; quantity available in sufficient quantity for composition of the Deposit Securities held (as measured by, for example, par delivery, that may not be eligible for but does not differ in NAV. value, notional value or number of transfer through the Clearing Process or The right of redemption may be shares, contracts or units; maturity date, that may not be eligible for trading by suspended or the date of payment if any; coupon rate, if any; effective an Authorized Participant or the postponed with respect to the Fund: (i) date, if any; market value of the holding; investor for which it is acting. For any period during which the NYSE and the percentage weighting of the All orders to create Creation Units, is closed (other than customary holding in the Fund’s portfolio. The whether through the Clearing Process weekend and holiday closings); (ii) for Web site information will be publicly (through a Participating Party) or any period during which trading on the available at no charge. outside the Clearing Process (through a NYSE is suspended or restricted; (iii) for In addition, a basket composition file, DTC Participant), must be received by any period during which an emergency which includes the security names and the Distributor no later than 3:00 p.m., exists as a result of which disposal of share quantities (as applicable) required E.T., on the date such order is placed in the Shares of the Fund or determination to be delivered in exchange for Fund order for the creation of Creation Units of the Shares’ NAV is not reasonably Shares, together with estimates and to be effected based on the NAV of practicable; or (iv) in such other actual cash components, will be Shares of the Fund as next determined circumstances as permitted by the publicly disseminated daily prior to the on such date after receipt of the order Commission. opening of the NYSE via the NSCC. The basket will represent one Creation Unit in proper form. Availability of Information Shares may be redeemed only in of the Fund. The Fund’s Web site Creation Units at their NAV next In order to provide additional (www.virtus.com), which will be determined after receipt of a redemption information regarding the indicative publicly available prior to the public request in proper form on a Business value of Shares of the Fund, one or more offering of Shares, will include Day and only through a Participating market data vendors will disseminate quantitative information on a per-Share Party or DTC Participant who has every 15 seconds an updated Indicative basis updated on a daily basis, executed a Participant Agreement. Intra-Day Value (‘‘IIV’’) for the Fund as including, for the Fund (i) the prior With respect to the Fund, the Trust, calculated by an information provider or Business Day’s NAV and mid-point of through NSCC, will make available market data vendor. the bid-ask spread at the time of The Fund’s IIV will be calculated immediately prior to the opening of calculation of such NAV (‘‘Bid-Ask based on the current market value of the business on the NYSE (currently 9:30 Price’’),21 and a calculation of the Fund’s portfolio holdings that will form a.m., E.T.) on each Business Day, the premium and discount of the Bid-Ask the basis of the Fund’s calculation of Deposit Securities that will be Price against the NAV, and (ii) data in NAV at the end of the Business Day as applicable (subject to possible chart format displaying the frequency disclosed on the Fund’s Web site prior amendment or correction) to distribution of discounts and premiums to the Business Day’s commencement of redemption requests received in proper of the daily Bid-Ask Price against the trading. form on that day. Deposit Securities NAV, within appropriate ranges, for Investors can also obtain the Trust’s received on redemption may not be each of the four previous calendar Statement of Additional Information identical to Deposit Securities that are quarters (or for the life of the Fund, if (‘‘SAI’’), the Fund’s Shareholder applicable to creations of Creation shorter). Reports, and the Trust’s Form N–CSR Units. On each Business Day, before and Form N–Q, filed twice a year. The The redemption proceeds for a commencement of trading in Shares in Trust’s SAI and Shareholder Reports Creation Unit will generally consist of the Core Trading Session on the will be available free upon request from Deposit Securities, as announced by the Exchange, the Adviser will disclose on the Trust, and those documents and the Trust on the Business Day of the request the Fund’s Web site the Disclosed Form N–CSR and Form N–Q may be for a redemption received in proper Portfolio for the Fund (as defined in viewed on-screen or downloaded from form, plus cash in an amount equal to NYSE Arca Equities Rule 8.600(c)(2)) the Commission’s Web site at the difference between the NAV of the that will form the basis of the Fund’s www.sec.gov. Information regarding Shares being redeemed, as next calculation of the NAV on that Business market price and trading volume of the determined after receipt of the request, Day. Shares will be continually available on and the value of the Deposit Securities, On a daily basis, the Adviser, on a real-time basis throughout the day on less a redemption transaction fee. In the behalf of the Fund, will disclose on the brokers’ computer screens and other event that the Deposit Securities have a Fund’s Web site the following electronic services. Information value greater than the NAV of the information regarding each portfolio regarding the previous day’s closing Shares, a compensating cash payment holding, as applicable to the type of price and trading volume information equal to the differential will be required holding: Ticker symbol, CUSIP number for the Shares will be published daily in to be made by or through an Authorized the financial section of newspapers. Participant by the redeeming 20 The Adviser represents that, to the extent the Quotation and last sale information for shareholder. Trust effects the creation or redemption of Shares in cash, such transactions will be effected in the the Shares will be available via the If it is not possible to effect deliveries same manner for all Authorized Participants. Consolidated Tape Association (‘‘CTA’’) of the Deposit Securities, the Trust may 21 The Bid-Ask Price of Shares of the Fund will high-speed line. With respect to U.S. in its sole discretion exercise its option be determined using the mid-point of the highest exchange-listed equity securities, the to redeem such Shares in cash. In bid and the lowest offer on the Exchange as of the intra-day, closing and settlement prices time of calculation of the Fund’s NAV. The records addition, an investor may request a relating to Bid-Ask Prices will be retained by the of common stocks and exchange-traded redemption in cash which the Fund Fund and its service providers. equity securities (including shares of
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preferred stocks, convertible preferred Trading Halts Surveillance stocks, warrants, rights, ETFs, REITs, The Exchange represents that trading Currency Trust Shares and ADRs) will With respect to trading halts, the in the Shares will be subject to the be readily available from the national Exchange may consider all relevant existing trading surveillances securities exchanges trading such factors in exercising its discretion to halt or suspend trading in the Shares of administered by the Exchange, as well securities, automated quotation systems, the Fund.24 Trading in Shares of the as cross-market surveillances published or other public sources, or Fund will be halted if the circuit breaker administered by the Financial Industry on-line information services such as parameters in NYSE Arca Equities Rule Regulatory Authority (‘‘FINRA’’) on Bloomberg or Reuters. With respect to 7.12 have been reached. Trading also behalf of the Exchange, which are non-U.S. exchange-listed equity may be halted because of market designed to detect violations of securities, intra-day, closing and conditions or for reasons that, in the Exchange rules and applicable federal settlement prices of common stocks and view of the Exchange, make trading in securities laws.26 The Exchange other equity securities (including REITs the Shares inadvisable. These may represents that these procedures are traded on Japanese exchanges, preferred include: (i) The extent to which trading adequate to properly monitor Exchange stocks, convertible preferred stocks, is not occurring in the securities and/or trading of the Shares in all trading warrants and rights), will be available the financial instruments comprising sessions and to deter and detect from the foreign exchanges on which the Disclosed Portfolio of the Fund; or violations of Exchange rules and federal such securities trade as well as from (ii) whether other unusual conditions or securities laws applicable to trading on major market data vendors. Intra-day circumstances detrimental to the the Exchange. and closing price information relating to maintenance of a fair and orderly The surveillances referred to above securities regularly traded in an over- market are present. Trading in the generally focus on detecting securities the-counter market will be available Shares will be subject to NYSE Arca trading outside their normal patterns, from major market data vendors. Price Equities Rule 8.600(d)(2)(D), which sets which could be indicative of information from brokers and dealers or forth circumstances under which Shares manipulative or other violative activity. pricing services will be available for of the Fund may be halted. When such situations are detected, money market instruments, money surveillance analysis follows and Trading Rules market funds, cash equivalents, investigations are opened, where forwards and NDFs held by the Fund. The Exchange deems the Shares to be appropriate, to review the behavior of Quotation and last sale information for equity securities, thus rendering trading all relevant parties for all relevant futures will be available from the in the Shares subject to the Exchange’s trading violations. exchange on which they are listed. Price existing rules governing the trading of The Exchange or FINRA, on behalf of information regarding investment equity securities. Shares will trade on the Exchange, or both, will company securities (other than the Exchange from 4:00 a.m. to 8:00 communicate as needed regarding exchange-traded investment company p.m., E.T., in accordance with NYSE trading in the Shares, ETFs and certain securities) will be available from the Arca Equities Rule 7.34 (Opening, Core exchange-traded securities underlying applicable fund. and Late Trading Sessions). The the Shares with other markets and other Exchange has appropriate rules to entities that are members of the In addition, the IIV,22 which is the facilitate transactions in the Shares Intermarket Surveillance Group (‘‘ISG’’), Portfolio Indicative Value as defined in during all trading sessions. As provided and the Exchange or FINRA, on behalf NYSE Arca Equities Rule 8.600 (c)(3), in NYSE Arca Equities Rule 7.6, of the Exchange, or both, may obtain will be widely disseminated at least Commentary .03, the minimum price trading information regarding trading in every 15 seconds during the Exchange’s variation (‘‘MPV’’) for quoting and entry the Shares, ETFs and certain exchange- Core Trading Session by one or more of orders in equity securities traded on traded securities underlying the Shares 23 major market data vendors. The the Exchange is $0.01, with the from such markets and other entities. In dissemination of the IIV, together with exception of securities that are priced addition, the Exchange may obtain the Disclosed Portfolio, will allow less than $1.00 for which the MPV for information regarding trading in the investors to determine the value of the order entry is $0.0001. Shares, ETFs and certain exchange- underlying portfolio of the Fund on a The Shares will conform to the initial traded securities underlying the Shares daily basis and will provide a close and continued listing criteria under from markets and other entities that are estimate of that value throughout the NYSE Arca Equities Rule 8.600. The members of ISG or with which the trading day. The IIV should not be Exchange represents that, for initial Exchange has in place a comprehensive viewed as a ‘‘real-time’’ update of the surveillance sharing agreement and/or continued listing, the Fund will 27 NAV per Share of the Fund, which will be in compliance with Rule 10A–3 25 (‘‘CSSA’’). FINRA, on behalf of the be calculated once per day. under the Act, as provided by NYSE Exchange, is able to access, as needed, Arca Equities Rule 5.3. A minimum of trade information for certain fixed 22 The IIV calculation will be an estimate of the 100,000 Shares for the Fund will be income securities held by the Fund value of the Fund’s NAV per Share using market outstanding at the commencement of reported to FINRA’s Trade Reporting data converted into U.S. dollars at the current and Compliance Engine (‘‘TRACE’’). currency rates. The IIV price will be based on trading on the Exchange. The Exchange quotes and closing prices from the securities’ local will obtain a representation from the market and may not reflect events that occur issuer of the Shares that the NAV per 26 FINRA conducts cross-market surveillances on subsequent to the local market’s close. Premiums behalf of the Exchange pursuant to a regulatory and discounts between the IIV and the market price Share will be calculated daily and that services agreement. The Exchange is responsible for of the Shares may occur. This should not be viewed the NAV and the Disclosed Portfolio FINRA’s performance under this regulatory services as a ‘‘real-time’’ update of the NAV per Share of the will be made available to all market agreement. Fund, which will be calculated only once a day. participants at the same time. 27 For a list of the current members of ISG, see 23 Currently, it is the Exchange’s understanding www.isgportal.org. The Exchange notes that not all that several major market data vendors display and/ components of the Disclosed Portfolio for the Fund or make widely available IIVs taken from CTA or 24 See NYSE Arca Equities Rule 7.12. may trade on markets that are members of ISG or other data feeds. 25 17 CFR 240.10A–3. with which the Exchange has in place a CSSA.
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In addition, the Exchange also has a Shares prior to or concurrently with the a CSSA. FINRA, on behalf of the general policy prohibiting the confirmation of a transaction; and (vi) Exchange, is able to access, as needed, distribution of material, non-public trading information. trade information for certain fixed information by its employees. In addition, the Bulletin will income securities held by the Fund Not more than 10% of the net assets reference that the Fund is subject to reported to FINRA’s TRACE. The Fund of the Fund in the aggregate invested in various fees and expenses described in may hold up to an aggregate amount of equity securities (other than non- the Registration Statement. The Bulletin 15% of its net assets in illiquid assets exchange-traded investment company will discuss any exemptive, no-action (calculated at the time of investment). securities) shall consist of equity and interpretive relief granted by the The ETFs held by the Fund will be securities whose principal market is not Commission from any rules under the traded on U.S. national securities a member of the ISG or is a market with Act. The Bulletin will also disclose that exchanges and will be subject to the which the Exchange does not have a the NAV for the Shares will be rules of such exchanges, as approved by CSSA. Furthermore, not more than 10% calculated after 4:00 p.m., E.T., each the Commission. The Fund’s of the net assets of the Fund in the trading day. investments will be consistent with its aggregate invested in futures contracts 2. Statutory Basis investment objective and will not be shall consist of futures contracts whose used to enhance leverage. The basis under the Act for this principal market is not a member of ISG The proposed rule change is designed or is a market with which the Exchange proposed rule change is the requirement under Section 6(b)(5) 28 that an to promote just and equitable principles does not have a CSSA. of trade and to protect investors and the All statements and representations exchange have rules that are designed to public interest in that the Exchange will made in this filing regarding (i) the prevent fraudulent and manipulative obtain a representation from the issuer description of the portfolio, (ii) acts and practices, to promote just and limitations on portfolio holdings or equitable principles of trade, to remove of the Shares that the NAV per Share reference assets or (iii) the applicability impediments to, and perfect the will be calculated daily and that the of Exchange rules and surveillance mechanism of a free and open market NAV and the Disclosed Portfolio will be procedures shall constitute continued and, in general, to protect investors and made available to all market listing requirements for listing the the public interest. participants at the same time. In Shares on the Exchange. The Exchange believes that the addition, a large amount of information The issuer has represented to the proposed rule change is designed to is publicly available regarding the Fund Exchange that it will advise the prevent fraudulent and manipulative and the Shares, thereby promoting Exchange of any failure by the Fund to acts and practices in that the Shares will market transparency. The Fund’s comply with the continued listing be listed and traded on the Exchange portfolio holdings will be disclosed on requirements, and, pursuant to its pursuant to the initial and continued its Web site daily after the close of obligations under Section 19(g)(1) of the listing criteria in NYSE Arca Equities trading on the Exchange and prior to the Act, the Exchange will monitor for Rule 8.600. The Exchange represents opening of trading on the Exchange the compliance with the continued listing that trading in the Shares will be subject following day. Moreover, the IIV will be requirements. If the Funds [sic] are not to the existing trading surveillances widely disseminated by one or more in compliance with the applicable administered by the Exchange, as well major market data vendors at least every listing requirements, the Exchange will as cross-market surveillances 15 seconds during the Exchange’s Core commence delisting procedures under administered by FINRA on behalf of the Trading Session. These criteria are NYSE Arca Equities Rule 5.5(m). Exchange, which are designed to detect similar to certain ‘‘generic’’ listing violations of Exchange rules and criteria in NYSE Arca Equities Rule Information Bulletin applicable federal securities laws. The 5.2(j)(3), Commentary .01(a)(B), which Prior to the commencement of Adviser has implemented a ‘‘fire wall’’ relate to criteria applicable to an index trading, the Exchange will inform its with respect to its affiliated broker- or portfolio of U.S. and non-U.S. stocks Equity Trading Permit Holders in an dealer regarding access to information underlying a series of Investment Information Bulletin (‘‘Bulletin’’) of the concerning the composition and/or Company Units to be listed and traded special characteristics and risks changes to the Fund’s portfolio. The on the Exchange pursuant to Rule 19b– associated with trading the Shares. Exchange or FINRA, on behalf of the 4(e) under the Act. On each Business Specifically, the Bulletin will discuss Exchange, or both, will communicate as Day, before commencement of trading in the following: (i) The procedures for needed regarding trading in the Shares, Shares in the Core Trading Session on purchases and redemptions of Shares in ETFs and certain exchange-traded the Exchange, the Fund will disclose on Creation Unit aggregations (and that securities underlying the Shares with its Web site the Disclosed Portfolio that Shares are not individually redeemable); other markets and other entities that are will form the basis for the Fund’s (ii) NYSE Arca Equities Rule 9.2(a), members of the ISG, and the Exchange calculation of NAV at the end of the which imposes a duty of due diligence or FINRA, on behalf of the Exchange, or Business Day. Information regarding on its Equity Trading Permit Holders to both, may obtain trading information market price and trading volume of the learn the essential facts relating to every regarding trading in the Shares, ETFs Shares will be continually available on customer prior to trading the Shares; and certain exchange-traded securities a real-time basis throughout the day on (iii) the risks involved in trading the underlying the Shares from such brokers’ computer screens and other Shares during the Opening and Late markets and other entities. In addition, electronic services, and quotation and Trading Sessions when an updated IIV the Exchange may obtain information last sale information will be available will not be calculated or publicly regarding trading in the Shares, ETFs via the CTA high-speed line. The Web disseminated; (iv) how information and certain exchange-traded securities site for the Fund will include additional regarding the IIV and the Disclosed underlying the Shares from markets and data relating to NAV and other Portfolio is disseminated; (v) the other entities that are members of ISG or applicable quantitative information. requirement that Equity Trading Permit with which the Exchange has in place Moreover, prior to the commencement Holders deliver a prospectus to of trading, the Exchange will inform its investors purchasing newly issued 28 15 U.S.C. 78f(b)(5). Equity Trading Permit Holders in an
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[sic] Bulletin of the special C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be characteristics and risks associated with Statement on Comments on the available for Web site viewing and trading the Shares. Trading in Shares of Proposed Rule Change Received From printing in the Commission’s Public the Fund will be halted if the circuit Members, Participants, or Others Reference Room, 100 F Street NE., breaker parameters in NYSE Arca No written comments were solicited Washington, DC 20549 on official Equities Rule 7.12 have been reached or or received with respect to the proposed business days between the hours of because of market conditions or for rule change. 10:00 a.m. and 3:00 p.m. Copies of such reasons that, in the view of the filing also will be available for Exchange, make trading in the Shares III. Date of Effectiveness of the inspection and copying at the principal inadvisable, and trading in the Shares Proposed Rule Change and Timing for offices of the Exchange. All comments Commission Action will be subject to NYSE Arca Equities received will be posted without change; Rule 8.600(d)(2)(D), which sets forth Within 45 days of the date of the Commission does not edit personal identifying information from circumstances under which Shares of publication of this notice in the Federal submissions. You should submit only the Fund may be halted. The intra-day, Register or within such longer period information that you wish to make closing and settlement prices of the up to 90 days (i) as the Commission may designate if it finds such longer period available publicly. All submissions portfolio securities are also readily should refer to File Number SR– available from the national securities to be appropriate and publishes its reasons for so finding or (ii) as to which NYSEArca–2016–79, and should be exchanges trading such securities, submitted on or before June 30, 2016. automated quotation systems, published the self-regulatory organization or other public sources, or on-line consents, the Commission will: For the Commission, by the Division of (A) By order approve or disapprove Trading and Markets, pursuant to delegated information services such as Bloomberg 29 the proposed rule change, or authority. or Reuters. In addition, as noted above, (B) institute proceedings to determine Brent J. Fields, investors will have ready access to whether the proposed rule change Secretary. information regarding the Fund’s should be disapproved. [FR Doc. 2016–13615 Filed 6–8–16; 8:45 am] holdings, the IIV, the Disclosed BILLING CODE 8011–01–P Portfolio, and quotation and last sale IV. Solicitation of Comments information for the Shares. Interested persons are invited to The proposed rule change is designed submit written data, views, and SECURITIES AND EXCHANGE to perfect the mechanism of a free and arguments concerning the foregoing, COMMISSION open market and, in general, to protect including whether the proposed rule investors and the public interest in that change is consistent with the Act. [Release No. 34–77990; File No. SR–NSCC– it will facilitate the listing and trading Comments may be submitted by any of 2016–001] of an additional type of actively- the following methods: Self-Regulatory Organizations; managed exchange-traded product that Electronic Comments National Securities Clearing will enhance competition among market • Use the Commission’s Internet Corporation; Order Approving participants, to the benefit of investors comment form (http://www.sec.gov/ Proposed Rule Change To Remove and the marketplace. As noted above, rules/sro.shtml); or From the DTCC Limit Monitoring Tool the Exchange has in place surveillance • Send an email to rule-comments@ the 50% Early Warning Limit Alert and procedures relating to trading in the sec.gov. Please include File Number SR– Make Technical Revisions to the Rules Shares and may obtain information via NYSEArca–2016–79 on the subject line. ISG from other exchanges that are June 3, 2016. members of ISG or with which the Paper Comments On April 18, 2016, National Securities Exchange has entered into a CSSA. In • Send paper comments in triplicate Clearing Corporation (‘‘NSCC’’) filed addition, as noted above, investors will to Secretary, Securities and Exchange with the Securities and Exchange have ready access to information Commission, 100 F Street NE., Commission (‘‘Commission’’) proposed regarding the Fund’s holdings, the IIV, Washington, DC 20549–1090. rule change SR–NSCC–2016–001 the Disclosed Portfolio, and quotation All submissions should refer to File pursuant to Section 19(b)(1) of the and last sale information for the Shares. Securities Exchange Act of 1934 Number SR–NYSEArca–2016–79. This 1 2 file number should be included on the (‘‘Act’’) and Rule 19b–4 thereunder, to B. Self-Regulatory Organization’s amend NSCC’s Rules and Procedures subject line if email is used. To help the 3 Statement on Burden on Competition Commission process and review your (‘‘Rules’’) in order to (i) remove from comments more efficiently, please use the DTCC Limit Monitoring tool the The Exchange does not believe that alert that is sent to Members when the proposed rule change will impose only one method. The Commission will post all comments on the Commission’s trading activity in any of their Risk any burden on competition that is not Entities reaches 50% of the pre-set necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the trading limits for that Risk Entity and of the purpose of the Act. The Exchange submission, all subsequent (ii) to make related technical changes notes that the proposed rule change will amendments, all written statements and corrections to the Rules, as more facilitate the listing and trading of an with respect to the proposed rule fully described below. The proposed actively-managed exchange-traded change that are filed with the rule change was published for comment product that will principally hold non- Commission, and all written U.S. equity securities and that will communications relating to the 29 17 CFR 200.30–3(a)(12). 1 enhance competition among market proposed rule change between the 15 U.S.C. 78s(b)(1). participants, to the benefit of investors 2 17 CFR 240.19b–4. Commission and any person, other than 3 Available at http://dtcc.com/∼/media/Files/ and the marketplace. those that may be withheld from the Downloads/legal/rules/nscc_rules.pdf. Terms not public in accordance with the defined herein are defined in the Rules.
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in the Federal Register on May 2, 2016.4 warning alert for the reasons described that address DTCC Limit Monitoring The Commission did not receive any below. after the implementation of the comment letters on the proposed rule Additionally, NSCC has proposed to proposed rule change. change. For the reasons discussed make technical revisions to Procedure As stated above, the proposed below, the Commission is granting XVII (DTCC Limit Monitoring technical changes are not anticipated to approval of the proposed rule change. Procedure) primarily to revise the verb have any effect on Members that use tense and add clarity regarding use of DTCC Limit Monitoring. I. Description of the Proposed Rule the tool. Description of the Proposed Rule Change Issues the Proposed Rule Change Is Change. In order to implement this The following is a description of the Intended to Address. The proposed rule proposed rule change, NSCC will amend proposed rule change, as provided by change will address concerns that (1) Section 4 of Procedure XVII (DTCC NSCC: the 50% early warning alert is set too Limit Monitoring Procedure) of the Reasons for Adopting the Proposed low and, thus, may not provide Rules to remove reference to the 50% Rule Change. NSCC provides its Members with useful information for early warning alert and to make certain Members with a risk management tool purposes of effective post-trade technical clarifications to language used called DTCC Limit Monitoring, for monitoring; (2) the frequency of the in the Rule, primarily by updating the which certain types of Members are 50% early warning alert could have a verb tense used therein. No other required to register.5 DTCC Limit negative impact on Member changes to the Rules are contemplated Monitoring enables Members that use responsiveness to more critical alerts; by this proposed rule change. the tool to monitor post-trade activity and (3) the verb tense and certain other and to be notified when pre-set trading language in the Rule may be unclear II. Discussion and Commission limits are reached. To use the tool, and/or technically inaccurate. Findings Members must (1) define one or more Manner in which the Proposed Rule Section 19(b)(2)(C) of the Act 9 directs ‘‘Risk Entities,’’ which may include (i) Change Will Operate to Resolve the the Commission to approve a proposed the trading activity of a single trading Issues. The proposed rule change will rule change of a self-regulatory desk within the firm; (ii) for Members remove the 50% early warning alert organization if it finds that such that clear trades for other firms, i.e., from DTCC Limit Monitoring. DTCC proposed rule change is consistent with their correspondents, the trading Limit Monitoring will retain the 75% the requirements of the Act and rules activity of a correspondent firm; (iii) for and 90% early warning alerts, which and regulations thereunder applicable to Members acting as a Special continue to provide Members with such organization. The Commission Representative or a QSR, as such terms valuable notice of changes in their post- believes the proposal is consistent with are defined in the Rules,6 the trading trade activity for purposes of effective Section 17A(b)(3)(F) of the Act,10 as activity of a firm with which it has a risk management. described in detail below. clearing relationship; (iv) the trading Additionally, the proposed rule Section 17A(b)(3)(F) of the Act activity of a single clearing number change will make certain technical requires, among other things, that the within the Member’s NSCC account changes that will clarify the Rule, rules of a clearing agency be designed to structure; or (v) all trading activity of primarily by updating the verb tense promote the prompt and accurate the Member submitted to NSCC for from future tense to present tense to clearance and settlement of securities clearing; and (2) set a trading limit, at reflect the present applicability of the transactions and to protect investors and a net notional value, for each Risk Rule and by making certain other the public interest.11 As described Entity. DTCC Limit Monitoring then sets technical clarifications to language used above, the 50% early warning alert may early warning limits at 50%, 75%, and in the Rule. not provide Members with information 90% of those trading limits.7 Members Manner in which the Proposed Rule that is useful for purposes of post-trade receive alerts when trading activity for Change Will Affect Various Persons. monitoring, but, rather, may distract their Risk Entities reaches each of these Members that use DTCC Limit Members from such information. By early warning limits, as well as the pre- Monitoring will no longer receive the removing the 50% alert, a distraction is set trading limits. 50% early warning alert, but they will removed, thus increasing the Since the implementation of DTCC continue to receive alerts when their effectiveness of the DTCC Limit Limit Monitoring in 2014, NSCC has trading activity in each Risk Entity Monitoring tool for Members to monitor periodically met with a working group reaches 75% and 90% of their pre-set their post-trade activity. Therefore, the of its Members to discuss the trading limits. No other changes are proposed rule change will enhance functioning of the tool and to confirm it proposed with respect to the Members’ ability to manage risks from provides Members with effective post- functioning of DTCC Limit Monitoring. their trades, facilitating the protection of trade surveillance as intended. In The proposed technical changes are investors and the public interest from response to Member feedback provided not anticipated to have any effect on such risks. during these discussions, NSCC has Members that use DTCC Limit As the proposed rule change pertains proposed to remove the 50% early Monitoring. to technical changes to the Rules, the Significant Problems Known to the Commission finds the technical changes 4 See Securities Exchange Act Release No. 77709 Self-Regulatory Organization that also consistent with Section (April 26, 2016), 81 FR 26274 (May 2, 2016) (SR– Persons Affected Are Likely to Have in 17A(b)(3)(F) of the Act 12 because NSCC–2016–001). Complying with the Proposed Rule 5 Rule 54 (DTCC Limit Monitoring) and Procedure technical updates to the Rules to make XVII (DTCC Limit Monitoring), supra note 3; see Change. Members that use DTCC Limit them more clear, consistent, and current Securities Exchange Act Release No. 71637 Monitoring will not have to take any for Members that rely on the Rules (February 28, 2014), 79 FR 12708 (March 6, 2014) action as a result of the proposed rule supports the prompt and accurate (SR–NSCC–2013–12). change, and NSCC is not aware of any 6 Rule 7 (Comparison and Trade Recording problems that Members will have in 9 Operation) and Procedure IV (Special 15 U.S.C. 78s(b)(2)(C). 8 Representative Service), supra note 3. continuing to comply with the Rules 10 15 U.S.C. 78q–1(b)(3)(F). 7 Rule 54 (DTCC Limit Monitoring) and Procedure 11 Id. XVII (DTCC Limit Monitoring, supra note 3. 8 Id. 12 Id.
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clearance and settlement of securities solicitation. The Notice takes Management and Budget for extension transactions. approximately 0.25 hours per response and approval. and is filed by approximately 4 Form S–8 (17 CFR 239.16b) under the III. Conclusion respondents for a total of one annual Securities Act of 1933 (15 U.S.C. 77a et On the basis of the foregoing, the burden hour (0.25 hours per response × seq.) is the primary registration Commission finds that the proposal is 4 response). statement used by eligible registrants to consistent with the requirements of the Written comments are invited on: (a) register securities to be issued in Act and in particular with the Whether this proposed collection of connection with an employee benefit requirements of Section 17A of the plan. We estimate that Form S–8 takes 13 information is necessary for the proper Act and the rules and regulations performance of the functions of the approximately 24 hours per response to thereunder. agency, including whether the prepare and is filed by approximately It is therefore ordered, pursuant to information will have practical utility; 2,140 respondents. In addition, we Section 19(b)(2) of the Act, that (b) the accuracy of the agency’s estimate estimate that 50% of the preparation proposed rule change SR–NSCC–2016– of the burden imposed by the collection time (12 hours) is completed in-house 001 be, and hereby is, approved.14 of information; (c) ways to enhance the by the filer for a total annual reporting For the Commission, by the Division of burden of 25,680 (12 hours per response quality, utility, and clarity of the × Trading and Markets, pursuant to delegated information collected; and (d) ways to 2,140 responses). authority.15 Written comments are invited on: (a) minimize the burden of the collection of Whether this proposed collection of Brent J. Fields, information on respondents, including information is necessary for the proper Secretary. through the use of automated collection performance of the functions of the [FR Doc. 2016–13613 Filed 6–8–16; 8:45 am] techniques or other forms of information agency, including whether the BILLING CODE 8011–01–P technology. Consideration will be given information will have practical utility; to comments and suggestions submitted (b) the accuracy of the agency’s estimate in writing within 60 days of this of the burden imposed by the collection SECURITIES AND EXCHANGE publication. COMMISSION of information; (c) ways to enhance the An agency may not conduct or quality, utility, and clarity of the Proposed Collection; Comment sponsor, and a person is not required to information collected; and (d) ways to Request respond to, a collection of information minimize the burden of the collection of unless it displays a currently valid information on respondents, including Upon Written Request Copies Available control number. through the use of automated collection From: Securities and Exchange Please direct your written comments techniques or other forms of information Commission, Office of FOIA Services, to Pamela Dyson, Director/Chief technology. Consideration will be given 100 F Street, NE., Washington, DC Information Officer, Securities and to comments and suggestions submitted 20549–2736. Exchange Commission, c/o Remi Pavlik- in writing within 60 days of this Extension: Simon, 100 F Street NE., Washington, publication. Notice of Exempt Preliminary Roll-Up DC 20549 or send an email to: PRA_ Communication, SEC File No. 270–396, An agency may not conduct or OMB Control No. 3235–0452. [email protected]. sponsor, and a person is not required to respond to, a collection of information Notice is hereby given that, pursuant Dated: June 3, 2016. Brent J. Fields, unless it displays a currently valid to the Paperwork Reduction Act of 1995 control number. (44 U.S.C. 3501 et seq.), the Securities Secretary. Please direct your written comments and Exchange Commission [FR Doc. 2016–13617 Filed 6–8–16; 8:45 am] to Pamela Dyson, Director/Chief (‘‘Commission’’) is soliciting comments BILLING CODE 8011–01–P Information Officer, Securities and on the collection of information Exchange Commission, c/o Remi Pavlik- summarized below. The Commission Simon, 100 F Street NE., Washington, SECURITIES AND EXCHANGE plans to submit this existing collection DC 20549 or send an email to: PRA_ COMMISSION of information to the Office of [email protected]. Management and Budget for extension and approval. Proposed Collection; Comment Dated: June 3, 2016. Exchange Act Rule 14a–6(n) (17 CFR Request Brent J. Fields, 240.14a–6(n)) requires any person that Secretary. Upon Written Request Copies Available engages in a proxy solicitation subject to [FR Doc. 2016–13616 Filed 6–8–16; 8:45 am] From: Securities and Exchange Exchange Act Rule 14a–2(b)(4) [(17 CFR BILLING CODE 8011–01–P Commission, Office of FOIA Services, 240.14a–2(b)(4))] to file a Notice of 100 F Street NE., Washington, DC Exempt Preliminary Roll-Up 20549–2736. Communication (‘‘Notice’’) [(17 CFR SECURITIES AND EXCHANGE 240.14a–104)] with the Commission. Extension: COMMISSION The Notice provides information Form S–8; SEC File No. 270–66, OMB regarding ownership interest and any Control No. 3235–0066. Proposed Collection; Comment Request potential conflicts of interest to be Notice is hereby given that, pursuant included in statements submitted by or to the Paperwork Reduction Act of 1995 Upon Written Request Copies Available on behalf of a person engaging in the (44 U.S.C. 3501 et seq.), the Securities From: Securities and Exchange and Exchange Commission Commission, Office of FOIA Services, 13 15 U.S.C. 78q–1. (‘‘Commission’’) is soliciting comments 100 F Street NE., Washington, DC 14 In approving the proposed rule change, the on the collection of information 20549–2736. Commission considered the proposal’s impact on efficiency, competition, and capital formation. 15 summarized below. The Commission Extension: U.S.C. 78c(f). plans to submit this existing collection Rule 155; SEC File No. 270–492, OMB 15 17 CFR 200.30–3(a)(12). of information to the Office of Control No. 3235–0549.
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Notice is hereby given that, pursuant Information Officer, Securities and II. Clearing Agency’s Statement of the to the Paperwork Reduction Act of 1995 Exchange Commission, c/o Remi Pavlik- Purpose of, and Statutory Basis for, the (44 U.S.C. 3501 et seq.), the Securities Simon, 100 F Street NE., Washington, Proposed Rule Change _ and Exchange Commission DC 20549 or send an email to: PRA In its filing with the Commission, the (‘‘Commission’’) is soliciting comments [email protected]. clearing agency included statements on the collection of information Dated: June 3, 2016. concerning the purpose of and basis for summarized below. The Commission Brent J. Fields, the proposed rule change and discussed plans to submit this existing collection any comments it received on the of information to the Office of Secretary. [FR Doc. 2016–13618 Filed 6–8–16; 8:45 am] proposed rule change. The text of these Management and Budget for extension statements may be examined at the BILLING CODE 8011–01–P and approval. places specified in Item IV below. The Rule 155 (17 CFR 230.155) under the clearing agency has prepared Securities Act of 1933 (15 U.S.C. 77a et summaries, set forth in sections A, B, seq.) provides safe harbors for a SECURITIES AND EXCHANGE COMMISSION and C below, of the most significant registered offering of securities aspects of such statements. following an abandoned private offering, or a private offering following [Release No. 34–77991; File No. SR–DTC– (A) Clearing Agency’s Statement of the an abandoned registered offering, 2016–003] Purpose of, and Statutory Basis for, the without integrating the registered and Proposed Rule Change Self-Regulatory Organizations; The private offerings in either case. In 1. Purpose connection with a registered offering Depository Trust Company; Notice of following an abandoned private Filing of Proposed Rule Change The proposal would add new Rule 33 offering, Rule 155 requires an issuer to Pursuant to Which It Would Impose (Deposit Chills and Global Locks) to include in any prospectus filed as a part Deposit Chills and Global Locks and establish: (i) The circumstances under of a registration statement disclosure Provide Fair Procedures to Issuers which DTC would impose and release a Deposit Chill or a Global Lock; and (ii) regarding the abandoned the private June 3, 2016. offering. Similarly, the rule requires an the fair procedures for notice and an Pursuant to Section 19(b)(1) of the opportunity for the Issuer to challenge issuer to provide each offeree in a Securities Exchange Act of 1934 private offering following an abandoned the Restriction, as described below. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 registered offering with: (1) Information notice is hereby given that on May 27, (i) Background concerning the withdrawal of the 2016, The Depository Trust Company registration statement; (2) the fact that A. DTC (‘‘DTC’’) filed with the Securities and the private offering is unregistered; and DTC is the nation’s central securities Exchange Commission (‘‘Commission’’) (3) the legal implications of the depository, registered as a clearing the proposed rule change as described offering’s unregistered status. We agency under Section 17A of the Act.5 in Items I, II and III below, which Items estimate Rule 155 takes approximately 4 DTC’s deposit and book-entry transfer have been prepared by DTC. DTC filed hours per response to prepare and is services help facilitate the operation of the proposed rule change pursuant to filed by 600 respondents annually. 3 the nation’s securities markets. By We estimate that 50% of the 4 hours Section 19(b)(2) of the Act thereunder. serving as registered holder of trillions per response (2 hours per response) is The Commission is publishing this of dollars of Securities, DTC, on a daily prepared by the filer for a total annual notice to solicit comments on the basis, processes enormous volumes of reporting burden of 1,200 hours (2 hours proposed rule change from interested securities transactions facilitated by per response × 600 responses). persons. book-entry movement of interests, Written comments are invited on: (a) I. Clearing Agency’s Statement of the without the need to transfer physical Whether this proposed collection of Terms of Substance of the Proposed certificates. information is necessary for the proper Rule Change DTC performs services and maintains performance of the functions of the Securities Accounts for its Participants, agency, including whether the The proposed rule change consists of primarily banks and broker dealers, information will have practical utility; amendments to the Rules, By-Laws and pursuant to its Rules and Procedures. (b) the accuracy of the agency’s estimate Organization Certificate of DTC (the Participants agree to be bound by the of the burden imposed by the collection ‘‘Rules’’) in order to add a Rule which Rules and Procedures of DTC as a of information; (c) ways to enhance the establishes: (i) The circumstances under condition of their DTC membership.6 quality, utility, and clarity of the which DTC would impose and release a DTC allows a Participant to present information collected; and (d) ways to restriction on Deposits of an Eligible Securities to be made eligible for DTC’s minimize the burden of the collection of Security (a ‘‘Deposit Chill’’) or on book- depository and book-entry services. If a information on respondents, including entry services for an Eligible Security (a Security is accepted by DTC as meeting through the use of automated collection ‘‘Global Lock’’); and (ii) the fair DTC’s eligibility requirements for techniques or other forms of information procedures for notice and an services 7 and is deposited with DTC for technology. Consideration will be given opportunity for the issuer of the Eligible credit to the Securities Account of a to comments and suggestions submitted Security (the ‘‘Issuer’’) to challenge the in writing within 60 days of this Deposit Chill or Global Lock (each, a 5 See Securities Exchange Act Release No. 20221 ‘‘Restriction’’), as described below.4 (September 23, 1983), 48 FR 45167 (October 3, publication. 1983) (File No. 600–1). An agency may not conduct or 6 See supra note 5. 1 15 U.S.C. 78s(b)(1). sponsor, and a person is not required to 7 See Rule 5, supra note 4; DTC Operational 2 respond to, a collection of information 17 CFR 240.19b–4. Arrangements (Necessary for Securities to Become 3 unless it displays a currently valid 15 U.S.C. 78s(b)(2). and Remain Eligible for DTC Services), January 4 Each capitalized term not otherwise defined 2012 (the ‘‘Operational Arrangements’’), Section 1, control number. herein has its respective meaning as set forth in the available at http://www.dtcc.com/∼/media/Files/ Please direct your written comments Rules, available at http://www.dtcc.com/legal/rules- Downloads/legal/issue-eligibility/eligibility/ to Pamela Dyson, Director/Chief and-procedures.aspx. operational-arrangements.pdf.
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Participant, it becomes an Eligible due to an Issuer’s non-responsiveness, avoiding it by shortening the timeframe Security. Thereafter, Participants may refusal, or inability to submit the in which they complete their scheme, deposit shares of that Eligible Security required legal opinion. dump their shares into the market, and into their respective DTC accounts. To With respect to Global Locks, DTC move on to another issue. facilitate book-entry transfers and other previously imposed a Global Lock on an Additionally, Global Locks were services that DTC provides for its Eligible Security when a governmental typically being imposed on the basis of Participants with respect to Deposited or regulatory authority commenced a a Commission enforcement action Securities, the Deposited Securities are proceeding or action alleging violations alleging securities law violations that generally registered on the books of the of Section 5 of the Securities Act of had occurred in the past, and so could Issuer (typically, in a register 1933, as amended, with respect to such not affect the violative behavior (unless maintained by a transfer agent) in DTC’s Eligible Security. A Global Lock could the alleged securities law violations nominee name, Cede & Co. Deposited be released when the underlying were ongoing). In fact, it is DTC’s Securities that are eligible for book- enforcement action was withdrawn, understanding that, by the time of an entry services are maintained in dismissed on the merits with prejudice, enforcement action, the wrongdoers had ‘‘fungible bulk,’’ i.e., each Participant or otherwise resolved in a final, non- long since transferred the subject whose Securities of an issue have been appealable judgment in favor of the securities. In addition, although a credited to its Securities Account has a defendants allegedly responsible for the Global Lock bars book-entry settlements pro rata (proportionate) interest in violations of federal securities laws. within DTC, it does not affect the DTC’s entire inventory of that issue, but However, many enforcement actions are trading of the issue, which occurs none of the Securities on deposit are only resolved after several years 13 and outside of DTC. identifiable to or ‘‘owned’’ by any commonly without any definitive 14 (ii) Proposal particular Participant.8 determination of wrongdoing. The Commission has recognized that The above describes, in part, the A. Proposed Basis for the Imposition of DTC plays a ‘‘critical function’’ in the proposed procedures filed by DTC on Deposit Chills and Global Locks December 5, 2013,15 in response to the National Clearance and Settlement With this proposal, DTC would system.9 More recently, the federal Commission’s opinion and order in In re International Power Group, Ltd. establish the basis for the imposition of Financial Stability Oversight Council, Deposit Chills and Global Locks, which was established pursuant to the (‘‘IPWG’’) directing DTC to ‘‘adopt procedures that accord with the fairness premised on direct current judicial or Dodd-Frank Wall Street Reform and regulatory intervention or the threat of Consumer Protection Act,10 designated requirements of Section 17A(b)(3)(H).’’ 16 DTC withdrew the imminent adverse consequences to DTC DTC as a Systemically Important or its Participants. DTC believes that the Financial Market Utility (as defined proposed rule change on August 18, 2014.17 proposed rule change would provide a therein).11 As a result of DTC’s experiences basis for imposing and releasing B. Deposit Chills and Global Locks: following the IPWG decision and in Restrictions that is consistent with its Prior Procedures connection with the previous proposed obligations under applicable law. rule change, DTC has determined that Under subsections (a) and (b) of Previously, upon detecting its proposed procedures for imposing Section 1 of the proposed rule, if FINRA suspiciously large deposits of a thinly Deposit Chills and Global Locks are or the Commission halts or suspends traded Eligible Security, DTC imposed more appropriately directed to current trading of an Eligible Security, DTC or proposed to impose a Deposit Chill trading halts or suspensions imposed by would impose a Global Lock. Similarly, as a measure to maintain the status quo the Commission, the Financial Industry under subsection (c) of Section 1 of the while, pursuant to its Operational Regulatory Authority, Inc. (‘‘FINRA’’), proposed rule, DTC would impose a Arrangements,12 DTC required the or a court of competent jurisdiction, and Restriction if ordered to do so by a court Issuer to confirm by legal opinion of therefore are more effective in targeting of competent jurisdiction. Consistent independent counsel that the Eligible suspected securities fraud that is with its mandate ‘‘to promote the Security fulfilled the requirements for ongoing at the time the Restriction is prompt and accurate clearance and eligibility. The Deposit Chill would be imposed. In particular, with respect to settlement of securities transactions,’’ 18 maintained until the Issuer provided a Deposit Chills imposed pursuant to DTC’s facilities should not be available satisfactory legal opinion. The Deposit DTC’s previous procedures, DTC to settle transactions otherwise Chill could remain in place for years, believes that wrongdoers have prohibited by the Commission, FINRA, seemingly taken into account DTC’s or a court of competent jurisdiction. The 8 See Securities Exchange Act Release No. 19678 (April 15, 1983), 48 FR 17603, 17605, n.5 (April 25, Restriction process, and have been imposition of a Global Lock on an 1983) (describing fungible bulk); see also N.Y. Eligible Security for which trading is Uniform Commercial Code, § 8–503, Off. Cmt 1 13 See, e.g., SEC v. Kahlon, 12–CV–517 (E.D. Tex., halted or suspended would prevent (‘‘. . . all entitlement holders have a pro rata filed August 14, 2012); SEC v. Bronson, 12–cv– settlement of trades that continue interest in whatever positions in that financial asset 06421–KMK (S.D.N.Y., filed August 22, 2012). As the [financial] intermediary holds’’). of the date of this filing, neither case has been despite the halt or suspension, and 9 See Securities Exchange Act Release No. 47978 resolved. prevent a bad actor from liquidating a (June 4, 2003), 68 FR 35037, 35041 (June 11, 2003) 14 See, e.g., SEC v. Reiss, 13–cv–01537, dkt no. 10 position through DTC in order to obtain (File No. SR–DTC–2003–02). (S.D.N.Y. 2014) (issuing a final judgment against the the proceeds of fraudulent activities. 10 Dodd-Frank Wall Street Reform and Consumer defendant in an enforcement action, without the Notwithstanding subsections (a) and Protection Act, Pub. L. 111–203, 124 Stat. 1376 defendant admitting or denying the allegations). (2010). 15 See Securities Exchange Act Release No. 71132 (b) of Section 1 of the proposed Rule, 11 See Financial Stability Oversight Council, 2012 (December 18, 2013); 78 FR 77755 (December 24, DTC recognizes that FINRA and the Annual Report, Appendix A, available at https:// 2013) (File No. SR–DTC–2013–11). Commission issue trading halts and www.treasury.gov/initiatives/fsoc/Documents/ 16 See Securities Exchange Act Release No. 66611 suspensions for numerous reasons, and 2012%20Appendix%20A%20Designation%20of% (March 15, 2012), 2012 SEC LEXIS 844 at *32 20Systemically%20Important (March 15, 2012) (Admin. Proc. File No. 3–13687). so there may be certain limited %20Market%20Utilities.pdf. 17 See Securities Exchange Act Release No. 72860 circumstances where a Global Lock 12 See Operational Arrangements, Section I.A, (August 18, 2014), 79 FR 49825 (August 22, 2014) supra note 7. (File No. SR–DTC–2013–11). 18 15 U.S.C. 78q–1(b)(3)(F).
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would not further the regulatory without providing expedited fair process to • when the basis for the Restriction purpose of such trading halt or the affected issuer.20 no longer exists. For example, where suspension. Therefore, if DTC B. Proposed Basis for the Release of DTC imposed a Deposit Chill on the reasonably determines that such is the Deposit Chills and Global Locks basis of plausible information that case, DTC may decline to impose a certificates were stolen and about to be Global Lock. Some examples of when As part of DTC’s process for imposing deposited, and DTC subsequently DTC may decline to impose a Global Restrictions premised on direct court or receives plausible information that the Lock include, but are not limited to, if regulatory agency intervention or the certificates have been recovered and prospect of imminent adverse FINRA issues a trading halt in all OTC will not be deposited, or where DTC consequences to DTC or its Participants, equity securities due to a technical imposed a Deposit Chill based on the proposed rule change provides glitch; or if FINRA issues a trading halt erroneously issued shares, and corresponding criteria for releasing such clearly based on financial uncertainty in subsequently receives copies of a ‘‘Stop Restrictions. 21 a foreign jurisdiction that doesn’t affect As an initial matter, pursuant to the transfer’’ directive and cancellation of DTC’s ability to settle transactions. proposed rule change, DTC would such shares before they have been Finally, under subsection (d) of release a Restriction when DTC deposited; or • when an Eligible Security had been Section 1 of the proposed rule, DTC reasonably determines that its previously Globally Locked based on a would impose a Restriction when it imposition of the Restriction was based Commission enforcement action but becomes aware of a need for immediate on a clerical mistake. action to avert an imminent harm, In the case of a Global Lock imposed there is no indication that illegally injury, or other such material adverse pursuant to subsections (a) or (b) of distributed Securities are about to be consequence to DTC or its Participants Section 1 of the proposed rule (FINRA deposited. that could arise from further Deposits of, trading halt or Commission trading C. Proposed Fair Procedures or continued book-entry services with suspension), under the proposed rule DTC has developed the procedures in respect to, an Eligible Security. While it change, DTC would release the Global the proposed rule change to give the is impossible to anticipate all possible Lock when the halt or suspension of Issuer a timely notice of the Restriction, scenarios that may give rise to the need trading of the Eligible Security has been provide the Issuer an opportunity to for action by DTC under this subsection lifted. In the case of a Restriction submit a written challenge to the (d) to avoid imminent harm, DTC does imposed pursuant to subsection (c) of Restriction, provide a review and not anticipate that it would impose Section 1 of the proposed rule (order written determination by an Restrictions pursuant to this from a court of competent jurisdiction), independent officer, and maintain a formulation frequently. Some examples under the proposed rule change, DTC complete record of the proceeding, where this provision may be invoked would release the Restriction when a include, but are not limited to, if DTC consistent with Section 17A(b)(3)(H) of court of competent jurisdiction orders 22 becomes aware that marketplace actors DTC to release the Restriction. Since the Act and the Commission’s opinion were about to deposit Securities at DTC trading would no longer be prohibited and order in IPWG. Pursuant to the proposed rule change, in connection with an ongoing corporate by FINRA, the Commission, or court DTC would send written notice hijacking, market manipulation, or in order, respectively, there should not be (‘‘Restriction Notice’’) to the Issuer’s last violation of other applicable laws; if an any settlement restrictions, other than known business address and to the last Issuer or its agent provides DTC with those otherwise provided in the Rules. plausible information that Security Finally, in the case of a Restriction known business address of the Issuer’s certificates were stolen and were about imposed pursuant to subsection (d) of transfer agent, if any, on record with to be deposited; or if an Issuer notifies Section 1 of the proposed rule DTC. The Restriction Notice would be DTC that shares of a Security had just (imminent adverse consequences to sent within three Business Days of been issued erroneously upon a DTC or its Participants), pursuant to the imposition of a Restriction and would conversion of previously satisfied notes. proposed rule change, DTC would set forth: (i) The basis for the The concept of taking immediate release the Restriction when it Restriction; (ii) the date the Restriction action to avoid imminent harm to DTC reasonably determines that the release was imposed; (iii) that the Issuer may or its Participants was recognized in the of the Restriction would not pose a submit a written response to DTC Commission’s opinion in IPWG. The threat of imminent adverse detailing the basis for release of the Commission ruled that, when faced consequences to DTC or its Participants, Restriction under proposed Rule 33 with justifiable circumstances, DTC may obviating the original basis for the (‘‘the Restriction Response’’); and (iv) design fair procedures ‘‘in accordance Restriction. that the Restriction Response must be with its own internal needs and It is impossible to anticipate all received by DTC within twenty circumstances,’’ 19 recognizing that: possible scenarios that may give rise to Business Days of delivery of the a release of a Restriction under this Restriction Notice. If DTC believes that circumstances exist Once the Restriction Response is that justify imposing a suspension of services basis. However, DTC anticipates that it would release such Restriction in a received by DTC, the proposed rule with respect to an issuer’s securities in change provides that it would be advance of being able to provide the issuer number of circumstances, including with notice and an opportunity to be heard without limitation: reviewed by a DTC officer who did not on the suspension, it may do so. However, in • When DTC determines that the have responsibility for the imposition of such circumstances, these processes should perceived harm has passed or is the Restriction. DTC may request balance the identifiable need for emergency significantly remote; additional information from the Issuer. action with the issuer’s right to fair After the officer’s review is completed, procedures under the Exchange Act. Under 20 Id. at *29. See also In re Atlantis Internet Group DTC would provide a written decision such procedures, DTC would be authorized (‘‘Atlantis’’), Securities Exchange Act Release. No. (a ‘‘Restriction Decision’’) to the Issuer. to act to avert an imminent harm, but it could 75168 at 7–8, 2015 SEC LEXIS 2394 at *18 (June not maintain such a suspension indefinitely 12, 2015) (Admin. Proc. File No. 3–15432) (‘‘DTC’s imposition of the Global Lock without advance 21 A ‘‘stop transfer’’ is an order made to prevent notice was an appropriate exercise of its authority the transfer of ownership of a security. 19 IPWG, 2012 SEC LEXIS at *30, n.36. to act to prevent imminent harm . . .’’). 22 15 U.S.C. 78q–1(b)(3)(H).
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Within ten Business Days of delivery of prohibition or limitation under consideration impose and release Restrictions, the the Restriction Decision, the Issuer may and keep a record.’’ 26 proposed rule change would provide a submit a supplement (a ‘‘Supplement’’) As stated in IPWG, ‘‘DTC may design mechanism for DTC to act quickly and for the sole purpose of establishing that such [Section 17A procedures] in efficiently to screen out, prior to DTC made a clerical mistake or mistake accordance with its own internal needs deposit, or restrict, after deposit, arising from an oversight or omission in and circumstances.’’ 27 The Commission Securities for which trading has been reviewing the Restriction Response. further ruled in IPWG that DTC ‘‘should prohibited by the Commission, FINRA, If the Issuer submits a Supplement, adopt procedures that accord with the or a court of competent jurisdiction, or the officer would provide a supplement fairness requirements of Section which pose a threat of imminent decision (a ‘‘Supplement Decision’’) 17A(b)(3)(H), which may be applied adverse consequences to DTC or its within ten Business Days after the uniformly’’ in the cases where DTC Participants, to assure the safeguarding Supplement was delivered. The denies or limits services with respect to of Securities deposited to and held by Restriction Notice, the Restriction an Issuer’s Securities. DTC, consistent with the requirements Response, the Restriction Decision, the In the Commission’s more recent of the Act, in particular Section Supplement, the Supplement Decision, opinion in Atlantis, the Commission 17A(b)(3)(F) of the Act, cited above. and any other documents submitted in upheld the notice, opportunity to be Section 17A(b)(3)(H) of the Act, connection with these procedures heard, and recordkeeping that DTC requires, inter alia, that the rules of a would constitute the record for provided to a Globally Locked issuer. clearing agency are in accordance with purposes of any appeal to the Significantly, the Commission held that the provisions of Section 17A(b)(5)(B) of 32 Commission. Section 17A of the Act does not require the Act, and in general provide a fair The proposed rule change would not DTC to hold a formal hearing in order procedure with respect to the affect DTC’s ability (A) to lift or modify to satisfy its obligations under Section prohibition or limitation by the clearing a Restriction; (B) to operationally 17A to provide Issuers with an agency of any person with respect to restrict book-entry services, Deposits or opportunity to be heard.28 access to services offered by the clearing other services in the ordinary course of DTC believes that the procedures in agency. By establishing a procedure that business, as such restrictions do not proposed Rule 33 for giving notice of would provide for: (A) Criteria for constitute Deposit Chills or Global the Restriction to the Issuer with an notice to an Issuer that a Deposit Chill Locks for purposes of proposed Rule 33; opportunity to be heard are consistent or Global Lock has been imposed; (B) an (C) to communicate with the Issuer or with the fair procedures upheld by the explanation of the specific grounds its transfer agent or representative, if Commission in Atlantis. In addition, upon which any Restriction has been any, provided that substantive consistent with the Commission’s broad imposed; (C) the actions that the Issuer communications are memorialized in directive in IPWG, DTC believes that the may take to object to the Restriction; (D) the process DTC would undertake to writing to be included in the record for proposed rule would establish uniform review written submissions of the Issuer purposes of any appeal to the standards for the imposition of and to render a final decision Commission; or (D) to send out a Restrictions, as well as the fair concerning the Restriction; (E) the Restriction Notice prior to the procedures for Issuers whose Securities grounds upon which DTC may release imposition of a Restriction. are subject to a Restriction. DTC believes that these procedures the Restriction; and (F) the maintenance comport with Section 17A(b)(3)(H) of Implementation Timeframe of a complete record for submission to the Act, which requires that a registered DTC will announce the effective date the Commission in the event an Issuer clearing agency that denies or limits via Important Notice upon the appeals, the proposed rule change access to the agency’s services to a Commission’s approval of the proposed would provide Issuers with fair ‘‘person,’’ it must ‘‘provide a fair rule change. procedures with respect to Deposit procedure.’’ 23 Such procedures require Chills and Global Locks, consistent with 2. Statutory Basis the clearing agency to give the person the requirements of the Act, in notice and an opportunity to address the DTC believes that the proposed rule particular Section 17A(b)(3)(H) of the 33 specific grounds for denial or change is consistent with the Act, cited above. prohibition or limitation and to keep a requirements of the Act, and the rules (B) Clearing Agency’s Statement on record.24 In its decision in IPWG, the and regulations thereunder applicable to Burden on Competition Commission ruled, inter alia, that DTC, in particular Section 17A(b)(3)(F) DTC does not believe that the issuers are ‘‘persons’’ for the purposes of of the Act 29 and Section 17A(b)(3)(H) of proposed rule change would have any Section 17A(b)(3).25 the Act.30 impact on, or impose any burden on Section 17A of the Act does not Section 17A(b)(3)(F) of the Act 31 competition that is not necessary or specify the nature of the fair procedures requires, inter alia, that the rules of the DTC must provide to ‘‘persons,’’ clearing agency be designed to promote 32 Section 17A(b)(5)(B) of the Act, 15 U.S.C. 78q– including issuers. In IPWG, the the prompt and accurate clearance and 1(b)(5)(B) provides: ‘‘In any proceeding by a Commission observed that: settlement of securities transactions, registered clearing agency to determine whether a person shall be denied participation or prohibited Exchange Act Section 17A(b)(5)(B) states and to assure the safeguarding of securities and funds which are in the or limited with respect to access to services offered that, when a registered clearing agency by the clearing agency, the clearing agency shall determines that ‘‘a person shall be . . . custody or control of the clearing agency notify such person of, and give him an opportunity prohibited or limited with respect to access or for which it is responsible. By to be heard upon, the specific grounds for denial to services offered by the clearing agency, the establishing a framework for DTC to or prohibition or limitation under consideration clearing agency shall notify such person of, and keep a record. A determination by the clearing agency to deny participation or prohibit or limit a and give him an opportunity to be heard 26 Id. person with respect to access to services offered by upon, the specific grounds for . . . 27 Id. at *30 n.36. the clearing agency shall be supported by a 28 Id. at *19. statement setting forth the specific grounds on 23 See id. 29 15 U.S.C. 78q–1(b)(3)(F). which the denial or prohibition or limitation is 24 See 15 U.S.C. 78q–1(b)(5)(B). 30 15 U.S.C. 78q–1(b)(3)(H). based.’’ 25 IPWG, 2012 SEC LEXIS at *24. 31 15 U.S.C. 78q–1(b)(3)(F). 33 15 U.S.C. 78q–1(b)(3)(H).
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appropriate in furtherance of the submission, all subsequent arms control, disarmament, purposes of the Act, because the amendments, all written statements nonproliferation, political-military proposed procedures as described above with respect to the proposed rule affairs, international security, and would apply to all Eligible Securities change that are filed with the related aspects of public diplomacy. The that may be subject to a Deposit Chill or Commission, and all written agenda for this meeting will include Global Lock. communications relating to the classified discussions related to the proposed rule change between the Board’s studies on current U.S. policy (C) Clearing Agency’s Statement on Commission and any person, other than and issues regarding arms control, Comments on the Proposed Rule those that may be withheld from the international security, nuclear Change Received From Members, public in accordance with the proliferation, and diplomacy. Participants, or Others provisions of 5 U.S.C. 552, will be For more information, contact Written comments relating to the available for Web site viewing and Christopher Herrick, Acting Executive proposed rule change have not been printing in the Commission’s Public Director of the International Security solicited or received with respect to this Reference Room, 100 F Street NE., Advisory Board, U. S. Department of filing. To the extent DTC receives Washington, DC 20549 on official State, Washington, DC 20520, written comments on the proposed rule business days between the hours of telephone: (202) 647–9683. change DTC will forward such 10:00 a.m. and 3:00 p.m. Copies of the Dated: May 20, 2016. comments to the Commission. filing also will be available for Christopher Herrick, inspection and copying at the principal III. Date of Effectiveness of the Acting Executive Director, International Proposed Rule Change, and Timing for office of DTC and on DTCC’s Web site Security Advisory Board, U.S. Department of Commission Action (http://dtcc.com/legal/sec-rule- State. filings.aspx). All comments received [FR Doc. 2016–13677 Filed 6–8–16; 8:45 am] Within 45 days of the date of will be posted without change; the BILLING CODE 4710–24–P publication of this notice in the Federal Commission does not edit personal Register or within such longer period identifying information from up to 90 days (i) as the Commission may submissions. You should submit only SURFACE TRANSPORTATION BOARD designate if it finds such longer period information that you wish to make to be appropriate and publishes its available publicly. All submissions [Docket No. AB 55 (Sub-No. 760X)] reasons for so finding or (ii) as to which should refer to File Number SR–DTC– the self-regulatory organization 2016–003 and should besubmitted on or CSX Transportation, Inc.— consents, the Commission will: before June 30, 2016. Discontinuance of Service (A) By order approve or disapprove Exemption—in Boone County, W.Va. such proposed rule change, or For the Commission, by the Division of (B) institute proceedings to determine Trading and Markets, pursuant to delegated CSX Transportation, Inc. (CSXT) has authority.34 whether the proposed rule change filed a verified notice of exemption should be disapproved. Brent J. Fields, under 49 CFR pt. 1152 subpart F— Secretary. Exempt Abandonments and IV. Solicitation of Comments [FR Doc. 2016–13614 Filed 6–8–16; 8:45 am] Discontinuances of Service to Interested persons are invited to BILLING CODE 8011–01–P discontinue service over an submit written data, views and approximately 2.9-mile rail line on arguments concerning the foregoing, CSXT’s Southern Region, Huntington including whether the proposed rule DEPARTMENT OF STATE Division, Pond Fork Subdivision, the change is consistent with the Act. Robinson Creek Industrial Track, from Comments may be submitted by any of [Public Notice: 9600] the connection with CSXT’s mainline at milepost CLK 0.0 to the end of the line the following methods: International Security Advisory Board at milepost CLK 2.9+ in Boone County, (ISAB) Meeting Notice Closed Meeting Electronic Comments W.Va. (the Line). The Line traverses • Use the Commission’s Internet In accordance with section 10(a)(2) of United States Postal Service Zip Code comment form (http://www.sec.gov/ the Federal Advisory Committee Act, 5 26325 and includes the Holbrook station rules/sro.shtml); or U.S.C. App 10(a)(2), the Department of at milepost CLK 2.0 (FSAC 82034/OPSL • Send an email to rule-comments@ State announces a meeting of the 65220).1 sec.gov. Please include File Number SR– International Security Advisory Board CSXT has certified that: (1) No local DTC–2016–003 on the subject line. (ISAB) to take place on July 12, 2016, at traffic has moved over the Line for at Paper Comments the Department of State, Washington, least two years; (2) because the Line is DC. not a through route, no overhead traffic • Send paper comments in triplicate Pursuant to section 10(d) of the has operated, and, therefore, none needs to Secretary, Securities and Exchange Federal Advisory Committee Act, 5 to be rerouted over other lines; (3) no Commission, 100 F Street NE., U.S.C. App 10(d), and 5 U.S.C. formal complaint filed by a user of rail Washington, DC 20549. 552b(c)(1), it has been determined that service on the Line (or by a state or local All submissions should refer to File this Board meeting will be closed to the government entity acting on behalf of Number SR–DTC–2016–003. This file public because the Board will be such user) regarding cessation of service number should be included on the reviewing and discussing matters over the Line is pending either with the subject line if email is used. To help the properly classified in accordance with Surface Transportation Board (Board) or Commission process and review your Executive Order 13526. The purpose of with any U.S. District Court or has been comments more efficiently, please use the ISAB is to provide the Department decided in favor of complainant within only one method. The Commission will with a continuing source of the two-year period; and (4) the post all comments on the Commission’s independent advice on all aspects of requirements at 49 CFR 1105.12 Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the 34 17 CFR 200.30–3(a)(12). 1 CSXT states that this station can be closed.
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(newspaper publication) and 49 CFR DEPARTMENT OF TRANSPORTATION Building, Ground Floor, Room W12– 1152.50(d)(1) (notice to governmental 140, 1200 New Jersey Ave. SE., agencies) have been met. Federal Railroad Administration Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, As a condition to this exemption, any [Docket No. FRA–2016–0052] employee adversely affected by the except Federal Holidays. discontinuance of service shall be Environmental Impact and Related FOR FURTHER INFORMATION CONTACT: Mr. protected under Oregon Short Line Procedures Michael Johnsen, Environmental and Railroad—Abandonment Portion AGENCY: Federal Railroad Corridor Planning Division, Office of Goshen Branch Between Firth & Administration (FRA), Department of Program Delivery, Federal Railroad Ammon, in Bingham & Bonneville Transportation. Administration, 1200 New Jersey Ave. SE., Washington, DC 20590 or by Counties, Idaho, 360 I.C.C. 91 (1979). To ACTION: Notice. address whether this condition telephone at 202–493–1310 or Mr. Chris adequately protects affected employees, SUMMARY: FRA is issuing this notice to Van Nostrand, Attorney-Advisor, Office a petition for partial revocation under solicit public comments on the potential of Chief Counsel, Federal Railroad 49 U.S.C. 10502(d) must be filed. application of 23 CFR part 771, Administration, 1200 New Jersey Ave. Environmental Impact and Related SE., Washington, DC 20590 or by Provided no formal expression of telephone at 202–493–6058. intent to file an offer of financial Procedures, to railroad projects. Part 771 assistance (OFA) to subsidize continued currently prescribes the Federal SUPPLEMENTARY INFORMATION: On Highway Administration (FHWA) and rail service has been received, this December 4, 2015, the President signed Federal Transit Administration (FTA) exemption will be effective on July 9, the Fixing America’s Surface procedures for implementing the 2016, unless stayed pending Transportation (FAST) Act into law National Environmental Policy Act of (Pub. L. 114–94). Section 11503 of the reconsideration. Petitions to stay that do 1969, as amended (NEPA) (42 U.S.C. FAST Act requires the Secretary of not involve environmental issues and 4321 et seq.) and 23 U.S.C. 139, Efficient Transportation (Secretary), among other formal expressions of intent to file an Environmental Reviews for Project things, to apply, to the greatest extent OFA to subsidize continued rail service Decisionmaking. FRA would further feasible, the project development 2 under 49 CFR 1152.27(c)(2) must be develop the application of 23 CFR part procedures described in 23 U.S.C. 139 3 filed by June 17, 2016. Petitions to 771 to railroad projects in a rulemaking (Efficient Environmental Reviews for reopen must be filed by June 29, 2016, proceeding. Project Decisionmaking) to railroad with the Surface Transportation Board, DATES: FRA must receive written projects requiring the Secretary’s 395 E Street SW., Washington, DC comments on this notice on or before approval under NEPA. The Secretary 20423–0001. July 11, 2016. FRA will consider must incorporate into FRA regulations A copy of any petition filed with the comments received after this date to the and procedures for railroad projects Board should be sent to CSXT’s extent practicable. aspects of the 23 U.S.C. 139 project representative: Louis E. Gitomer, Law ADDRESSES: Comments: Persons development procedures, or portions Offices of Louis E. Gitomer, LLC, 600 providing comments related to docket thereof, which increase the efficiency of Baltimore Avenue, Suite 301, Towson, number FRA–2016–0052 must do so by the review of railroad projects MD 21204. any of the following methods: consistent with section 11503. In • Online: Comments should be filed addition, section 11503 requires the If the verified notice contains false or Secretary to publish a notice of misleading information, the exemption at the Federal eRulemaking Portal, http://www.regulations.gov. Follow the proposed rulemaking to propose new is void ab initio. online instructions for submitting and existing categorical exclusions for Board decisions and notices are comments. railroad projects the Secretary must available on our Web site at • Mail: Docket Management Facility, approve under NEPA. See 49 U.S.C. WWW.STB.DOT.GOV. U.S. Department of Transportation, 1200 24201(c). Decided: June 6, 2016. New Jersey Ave. SE., W12–140, In light of section 11503’s Washington, DC 20590. requirements, FRA is evaluating By the Board, Rachel D. Campbell, • Director, Office of Proceedings. Hand Delivery: Room W12–140 on whether to apply 23 CFR part 771 to the Ground level of the West Building, railroad projects. Part 771 currently Kenyatta Clay, 1200 New Jersey Ave. SE., Washington, prescribes FHWA and FTA procedures Clearance Clerk. DC between 9 a.m. and 5 p.m., Monday for implementing NEPA, including 23 [FR Doc. 2016–13640 Filed 6–8–16; 8:45 am] through Friday, except Federal U.S.C. 139 requirements. In FRA’s view, BILLING CODE 4915–01–P Holidays. applying part 771 to railroad projects • Fax: 202–493–2251. may be the most efficient way to comply Instructions: All submissions must with section 11503 and promote include the agency name, docket name consistency in FTA, FHWA, and FRA and docket number for this notice. Note environmental reviews. In addition, that FRA will post all comments FRA would not need to develop entirely received without change to http:// new NEPA regulations for railroad 2 Each OFA must be accompanied by the filing www.regulations.gov, including any projects. FRA, in conjunction with fee, which is currently set at $1,600. See 49 CFR personal information provided. FHWA and FTA, would engage in a 1002.2(f)(25). Docket: To access the docket or read rulemaking to revise part 771 to make it 3 Because this is a discontinue proceeding and background documents or comments applicable to railroad projects before not an abandonment, interim trail use/rail banking and public use conditions are not appropriate. received, go to http:// such an approach would become Because there will be an environmental review www.regulations.gov at any time, or to effective. FRA seeks input from during abandonment, this discontinuance does not the U.S. Department of Transportation, interested parties, stakeholders, and the require an environmental review. Docket Operations, M–30, West public on this proposal.
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Issued in Washington, DC, on June 3, 2016. Ground Floor, Room W12–140, participants. If you have questions about Sarah E. Feinberg, Washington, DC 20590–0001. the public meeting, please contact Administrator. • Hand Delivery or Courier: 1200 [email protected]. [FR Doc. 2016–13621 Filed 6–8–16; 8:45 am] New Jersey Avenue SE., West Building SUPPLEMENTARY INFORMATION: To date, BILLING CODE 4910–06–P Ground Floor, Room W12–140, multiple iterative efforts have been Washington, DC 20590–0001, between 9 made to produce a 3D surrogate vehicle a.m. and 5 p.m. ET, Monday through that not only emulates a passenger car DEPARTMENT OF TRANSPORTATION Friday, except Federal Holidays. from any approach angle, but one that • Fax: 202–366–1767. can be safely and repeatedly struck by National Highway Traffic Safety Instructions: All submissions must an actual light or heavy vehicle without Administration include the agency name and docket harm. In Europe, vehicle manufacturers [Docket No. NHTSA–2015–0002] number. Note that all comments and suppliers were presented with two received will be posted without change opportunities to measure the 3D Surrogate Vehicle Scanning Event to http://www.regulations.gov, including appearance of multiple surrogate any personal information provided. designs during similar test events AGENCY: National Highway Traffic Please see the Privacy Act discussion hosted by Thatcham in the UK. The Safety Administration (NHTSA), below. feedback received from these companies Department of Transportation (DOT). Docket: For access to the docket go to has been invaluable, and has helped ACTION: Announcement of public http://www.regulations.gov at any time refine the surrogate to its current meeting. or to 1200 New Jersey Avenue SE., West characteristics. Building, Ground Floor, Room W12– On July 13–14, 2016, NHTSA will be SUMMARY: NHTSA is announcing a 140, Washington, DC 20590, between hosting a U.S.-based test event featuring public meeting to seek stakeholder 9:00 a.m. and 5:00 p.m., Monday the most recent iteration of the feedback on a full-size 3-dimensional through Friday, except Federal collaboratively-developed 3D surrogate surrogate vehicle being developed to Holidays. Telephone: 202–366–9826. vehicle and up to two robotic platforms better support the evaluation of Privacy Act: Anyone is able to search (the surrogate vehicle is secured to a advanced crash avoidance technologies. the electronic form of all comments shallow self-propelled robotic platform NHTSA, Euro NCAP, Thatcham, and the received into any of our dockets by the to facilitate accurate longitudinal and Insurance Institute for Highway Safety name of the individual submitting the lateral movement during testing). (IIHS) have been collaboratively comment (or signing the comment, if During this two-day meeting, vehicle working to develop this surrogate; submitted on behalf of an association, manufacturers and suppliers will have however, confirmation that it appears as business, labor union, etc.). You may an opportunity to measure the realistic to the sensors used in review DOT’s complete Privacy Act appearance of the 3D surrogate vehicle automotive safety systems requires Statement in the Federal Register from multiple approach angles using feedback from industry experts. published on April 11, 2000 (Volume vehicle-based sensors (e.g., radar, lidar, DATES: NHTSA will hold the public 65, Number 70; Pages 19477–78), or you cameras, etc.). Feedback from the first meeting July 13–14, 2016, in East may visit http://www.regulations.gov/ day of testing will be used to make Liberty, OH. Each day the meeting will privacy.html. adjustments to the surrogate ahead of start at 9:00 a.m. and continue until 5:00 Confidential Business Information: If the second day’s tests. Results from the p.m., local time. Check-in will begin at you wish to submit any information second testing day will be used to help 8:00 a.m. All attendees for the meeting under a claim of confidentiality, you finalize the surrogate’s design. The are required to register by following the should submit three copies of your stated goal is to identify a final design instructions under FOR FURTHER complete submission, including the by December 2016. INFORMATION CONTACT no later than June information you claim to be confidential Feedback from the participants will 24, 2016. Admission onto the facility business information to the Chief be beneficial in finalizing the design of will not be permitted without advanced Counsel, NHTSA, 1200 New Jersey Ave. the surrogate. Meeting participants will registration. SE., Washington, DC 20590. In addition, have the opportunity to provide results Following the event, participants are you should submit two copies, from from the measurements collected with requested to submit all written feedback which you have deleted the claimed their respective test equipment, and to and supporting information pertaining confidential business information, to provide specific recommendations to their 3D surrogate vehicle Docket Management at the address about how the surrogate vehicle’s measurements no later than August 5, given above. When you send a comment appearance, to any sensor, could be 2016. containing information claimed to be improved. When providing these ADDRESSES: The meeting will be held on confidential business information, you recommendations, participants are the test track at the Transportation should submit a cover letter setting forth asked to consider the balance between Research Center, Inc., 10820 SR 347, the information specified in our realism and practicality. While it is very East Liberty, OH 43319. confidential business information important the surrogate look as realistic Written Comments: Written feedback regulation (49 CFR part 512). as possible, it must also remain and supporting information should be FOR FURTHER INFORMATION CONTACT: strikeable from any approach angle, over submitted not later than August 5, 2016, Attendees should register at http:// a broad range of impact speeds, without by any of the following methods: goo.gl/forms/C6tj0oRj1QlS4qNy2 not affecting the safety of those using it or • Federal Rulemaking Portal: Go to later than June 24, 2016. Admission harming the vehicle being evaluated. http://www.regulations.gov. Follow the onto the facility will not be permitted Draft Agenda (in local time) online instructions for submitting without advanced registration. Should it comments. be necessary to cancel the meeting due Wednesday, July 13, 2016 • Mail: Docket Management Facility: to inclement weather or other 08:00–09:00 Arrival/Check-In U.S. Department of Transportation, 1200 emergency, NHTSA will take available 09:00–09:30 Brief presentations New Jersey Avenue SE., West Building measures to notify registered describing the need for 3D surrogate
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vehicles, and development efforts to realism, strikeablity/durability, or ease Freedman’s Bank Building, Washington, date. of reassembly? DC 20220. 09:30–09:45 Descriptions of the event Issued in Washington, DC, under authority Instructions: All submissions received test layout and choreography delegated by 49 CFR 1.95. must include the agency name and the 09:45–12:00 Morning testing Nathaniel Beuse, Federal Register Doc. number that 12:00–13:00 Lunch break Associate Administrator for Vehicle Safety appears at the end of this document. 13:00–16:00 Afternoon testing Research. Comments received will be made 16:00–17:00 Discuss the day’s testing. available to the public via Agree on what changes are to be [FR Doc. 2016–13665 Filed 6–8–16; 8:45 am] BILLING CODE 4910–59–P regulations.gov or upon request, without made ahead of the next day’s change and including any personal evaluations. information provided. 17:00 Adjourn DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: The Thursday, July 14, 2016 Department of the Treasury’s Office of 08:00–08:30 Arrival/Check-In Office of Foreign Assets Control Foreign Assets Control: Assistant 08:30–12:00 Morning testing Director for Licensing, tel.: 202–622– Proposed Collection; Comment 12:00–13:00 Lunch break 2480, Assistant Director for Regulatory Request for Hizballah Financial 13:00–15:30 Afternoon testing Affairs, tel.: 202–622–4855, Assistant 15:30–17:00 Discuss preliminary Sanctions Regulations—Report on Director for Sanctions Compliance & results from the event’s testing and Closure by U.S. Financial Institutions Evaluation, tel.: 202–622–2490; or the how the results will be collected, of Correspondent Accounts and Department of the Treasury’s Office of consolidated, and disseminated. Payable-Through Accounts the Chief Counsel (Foreign Assets 17:00 Adjourn AGENCY: Office of Foreign Assets Control), Office of the General Counsel, tel.: 202–622–2410. Public Meeting Topics Control, Treasury. ACTION: Notice and request for SUPPLEMENTARY INFORMATION: Discussions pertaining to the 3D comments. Title: Hizballah Financial Sanctions surrogate vehicle will be focused on Regulations—Report on Closure by U.S. what features, if any, will need to be SUMMARY: The Department of the Financial Institutions of Correspondent adjusted to allow it to appear realistic to Treasury, as part of its continuing effort Accounts and Payable-Through automotive sensing systems. NHTSA to reduce paperwork and respondent Accounts. does not intend to discuss how it may burden, invites the general public and OMB Number: 1505–0255. use 3D surrogate vehicles beyond other federal agencies to comment on Abstract: Pursuant to the Hizballah inclusion is its research programs. proposed and/or continuing information Financial Sanctions Regulations, 31 CFR Surrogate vehicle feedback forms will collections, as required by the part 566 (the Regulations), the Secretary be available on-site, and will request Paperwork Reduction Act of 1995, of the Treasury may, among other information about, but not be limited to, Public Law 104–13 (44 U.S.C. things, prohibit a U.S. financial the following topics: 3506(c)(2)(A)) (PRA). Currently, the institution from opening or maintaining 1. Are the radar return characteristics Office of Foreign Assets Control (OFAC) a correspondent account or a payable- of the surrogate, including radar cross within the Department of the Treasury through account in the United States for section (RCS), adequately realistic from is soliciting comments concerning a foreign financial institution that the each approach angle, depth, and height OFAC’s Hizballah Financial Sanctions Secretary has determined has engaged relative to the ground? Regulations Report on Closure by U.S. in certain activities involving Hizballah 2. Are the visual characteristics, Financial Institutions of Correspondent and whose name is added to the including the overall shape, reflectivity, Accounts and Payable-Through Hizballah Financial Sanctions contrasting features, of the surrogate Accounts. adequately realistic? Regulations List (HFSR List) on OFAC’s 3. Is the surrogate able to adequately DATES: Written comments must be Web site (www.treasury.gov/ofac). support lidar-based safety systems? submitted on or before August 8, 2016 Section 566.504 of the Regulations 4. Is the presence of the robotic to be assured of consideration. authorizes certain transactions related to platform beneath the surrogate apparent ADDRESSES: You may submit comments the winding down and closing of such to the automotive sensing system (radar, by any of the following methods: a correspondent account or payable- visual, etc.)? If so, what effect will the Federal eRulemaking Portal: through account. Section 566.506(b) platform’s presence expected to have on www.regulations.gov. Follow the includes a reporting requirement safety system performance? instructions on the Web site for pursuant to which a U.S. financial 5. How consistent is the classification submitting comments. institution that maintained such an of the surrogate (e.g., distance to the Fax: Attn: Request for Comments account must file a report with OFAC surrogate at which the safety system (Hizballah Financial Sanctions that provides full details on the closing classifies the surrogate as being an Regulations—Report on Closure by U.S. of each such account within 30 days of actual vehicle, and does the Financial Institutions of Correspondent the closure of the account. This classification remain stable during the Accounts and Payable-Through collection of information assists in test vehicle’s approach to the surrogate). Accounts) 202–622–1657. verifying that U.S. financial institutions How does this consistency compare to Mail: Attn: Request for Comments are complying with prohibitions on that expected by the overall light (Hizballah Financial Sanctions maintaining correspondent accounts or vehicle population? What effect does Regulations—Report on Closure by U.S. payable-through accounts for foreign the panel misalignment have on Financial Institutions of Correspondent financial institutions listed on the HFSR surrogate classification? Accounts and Payable-Through List. The reports will be reviewed by the 6. From an industry perspective, what Accounts), Office of Foreign Assets U.S. Department of the Treasury and is the preferred rank order of the Control, Department of the Treasury, may be used for compliance and following: absolute surrogate vehicle 1500 Pennsylvania Avenue NW., enforcement purposes by the agency.
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Current Actions: There are no changes performance of the functions of the DC 20002–8002, Attention: Public being made to the collection at this agency, including whether the Affairs. time. information has practical utility; (b) the FOR FURTHER INFORMATION CONTACT: Type of Review: Extension of a accuracy of the agency’s estimate of the Christine Leonard, Director, Office of currently approved collection. burden of the collection of information, Legislative and Public Affairs, (202) Affected Public: U.S. financial including the validity of the 502–4500, [email protected]. More institutions operating correspondent or methodology and assumptions used; (c) information about the Practitioners payable-through accounts for foreign ways to enhance the quality, utility, and Advisory Group is available on the financial institutions. clarity of the information to be Commission’s Web site at Estimated Number of Respondents: collected; (d) ways to minimize the www.ussc.gov/advisory-groups. Because this collection of information is burden of the collection of information SUPPLEMENTARY INFORMATION: The a report that must be filed by U.S. on respondents, including through the financial institutions closing Practitioners Advisory Group of the use of automated collection techniques United States Sentencing Commission is correspondent or payable-through or other forms of information accounts for a foreign financial a standing advisory group of the United technology; and (e) estimates of capital States Sentencing Commission pursuant institution pursuant to section 566.504 or start-up costs and costs of operation, after OFAC adds the name of the foreign to 28 U.S.C. 995 and Rule 5.4 of the maintenance, and purchase of services Commission’s Rules of Practice and financial institution to the HFSR List, to provide information. OFAC cannot predict the number of Procedure. Under the charter for the respondents for the section 566.504(b) Andrea Gacki, advisory group, the purpose of the reporting requirement at this time. From Acting Director, Office of Foreign Assets advisory group is (1) to assist the the date this reporting requirement was Control. Commission in carrying out its statutory implemented pursuant to the [FR Doc. 2016–13668 Filed 6–8–16; 8:45 am] responsibilities under 28 U.S.C. 994(o); Regulations (April 15, 2016) through BILLING CODE 4810–AL–P (2) to provide to the Commission its June 9, 2016, OFAC did not add the views on the Commission’s activities name of any foreign financial institution and work, including proposed priorities to the HFSR List, and the number of UNITED STATES SENTENCING and amendments; (3) to disseminate to respondents to this collection was COMMISSION defense attorneys, and to other therefore zero. For future PRA professionals in the defense community, submissions, OFAC will continue to Requests for Applications; information regarding federal report retrospectively on the number of Practitioners Advisory Group sentencing issues; and (4) to perform respondents during the previous other related functions as the AGENCY: United States Sentencing Commission requests. The advisory reporting period. Commission. Estimated Time per Respondent: 2 group consists of not more than 17 hours per response. ACTION: Notice. voting members, each of whom may serve not more than two consecutive Estimated Total Annual Burden SUMMARY: In view of upcoming Hours: Because the section 566.504(b) three-year terms. Of those 17 voting vacancies in the voting membership of members, one shall be Chair, one shall reporting requirement applies to those the Practitioners Advisory Group, the U.S. financial institutions that operate be Vice Chair, 12 shall be circuit United States Sentencing Commission members (one for each federal judicial correspondent or payable-through hereby invites any individual who is accounts for a foreign financial circuit other than the Federal Circuit), eligible to be appointed to succeed such and three shall be at-large members. institution whose name is added to the a voting member to apply. The voting HFSR List, OFAC cannot predict the To be eligible to serve as a voting memberships covered by this notice are member, an individual must be an response rate for the section 566.504(b) two circuit memberships (for the reporting requirement at this time. For attorney who (1) devotes a substantial Second Circuit and the Ninth Circuit) portion of his or her professional work future PRA submissions, OFAC will and two at-large memberships. report retrospectively on the response to advocating the interests of privately- Application materials should be represented individuals, or of rate during the previous reporting received by the Commission not later period. individuals represented by private than August 8, 2016. An applicant for practitioners through appointment The following paragraph applies to all voting membership of the Practitioners of the collections of information covered under the Criminal Justice Act of 1964, Advisory Group should apply by within the federal criminal justice by this notice: sending a letter of interest and resume An agency may not conduct or system; (2) has significant experience to the Commission as indicated in the sponsor, and a person is not required to with federal sentencing or post- addresses section below. respond to, a collection of information conviction issues related to criminal unless the collection of information DATES: Application materials for voting sentences; and (3) is in good standing of displays a valid OMB control number. membership of the Practitioners the highest court of the jurisdiction or Books or records relating to a collection Advisory Group should be received not jurisdictions in which he or she is of information must be retained for five later than August 8, 2016. admitted to practice. Additionally, to be years. ADDRESSES: An applicant for voting eligible to serve as a circuit member, the membership of the Practitioners individual’s primary place of business Request for Comments Advisory Group should apply by or a substantial portion of his or her Comments submitted in response to sending a letter of interest and resume practice must be in the circuit this notice will be summarized and/or to the Commission by electronic mail or concerned. Each voting member is included in the request for OMB regular mail. The email address is appointed by the Commission. approval. All comments will become a [email protected]. The regular mail The Commission invites any matter of public record. Comments are address is United States Sentencing individual who is eligible to be invited on: (a) Whether the collection of Commission, One Columbus Circle NE., appointed to a voting membership information is necessary for the proper Suite 2–500, South Lobby, Washington, covered by this notice (i.e., the circuit
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memberships for the Second Circuit and Pursuant to 28 U.S.C. 994(g), the trafficking offense,’’ and ‘‘felony drug the Ninth Circuit, and the two at-large Commission intends to consider the offense’’) and the impact of such memberships) to apply by sending a issue of reducing costs of incarceration definitions on the relevant statutory and letter of interest and a resume to the and overcapacity of prisons, to the guideline provisions (e.g., career Commission as indicated in the extent it is relevant to any identified offender, illegal reentry, and armed ADDRESSES section above. priority. career criminal), possibly including The Commission provides this notice Authority: 28 U.S.C. § 994(a), (o), (p), recommendations to Congress on any § 995; USSC Rules of Practice and Procedure to identify tentative priorities for the statutory changes that may be 5.4. amendment cycle ending May 1, 2017. appropriate and development of The Commission recognizes, however, guideline amendments that may be Patti B. Saris, that other factors, such as the enactment appropriate. Chair. of any legislation requiring Commission (5) Continuation of its comprehensive, [FR Doc. 2016–13680 Filed 6–8–16; 8:45 am] action, may affect the Commission’s multi-year study of recidivism, BILLING CODE 2210–40–P ability to complete work on any or all including (A) examination of of its identified priorities by the circumstances that correlate with statutory deadline of May 1, 2017. increased or reduced recidivism; (B) UNITED STATES SENTENCING Accordingly, it may be necessary to possible development of COMMISSION continue work on any or all of these recommendations for using information issues beyond the amendment cycle obtained from such study to reduce Proposed Priorities for Amendment ending on May 1, 2017. costs of incarceration and overcapacity Cycle As so prefaced, the Commission has of prisons, and promote effectiveness of identified the following tentative reentry programs; and (C) consideration AGENCY: United States Sentencing priorities: Commission. of any amendments to the Guidelines (1) Continuation of its work with Manual that may be appropriate in light ACTION: Notice; request for public Congress and other interested parties on of the information obtained from such comment. statutory mandatory minimum penalties study. to implement the recommendations set (6) Study of the findings and SUMMARY: As part of its statutory forth in the Commission’s 2011 report to recommendations contained in the May authority and responsibility to analyze Congress, titled Mandatory Minimum 2016 Report issued by the Commission’s sentencing issues, including operation Penalties in the Federal Criminal Justice Tribal Issues Advisory Group, and of the federal sentencing guidelines, and System, including its recommendations consideration of any amendments to the in accordance with Rule 5.2 of its Rules regarding the severity and scope of Guidelines Manual that may be of Practice and Procedure, the United mandatory minimum penalties, appropriate in light of the information States Sentencing Commission is consideration of expanding the ‘‘safety obtained from such study. seeking comment on possible priority valve’’ at 18 U.S.C. 3553(f), and (7) Study of the treatment of youthful policy issues for the amendment cycle elimination of the mandatory ‘‘stacking’’ offenders under the Guidelines Manual, ending May 1, 2017. of penalties under 18 U.S.C. 924(c), and including possible amendments to DATES: Public comment should be to develop appropriate guideline Chapter Five, Part H. received by the Commission on or amendments in response to any related (8) Study of the operation of Chapter before July 25, 2016. legislation. Four, Part A of the Guidelines Manual, ADDRESSES: Comments should be sent to (2) Continuation of its multi-year including (A) the feasibility and the Commission by electronic mail or examination of the overall structure of appropriateness of using the amount of regular mail. The email address is the guidelines post-Booker, possibly time served by an offender, as opposed [email protected]. The regular mail including recommendations to Congress to the sentence imposed, for purposes of address is United States Sentencing on any statutory changes and calculating criminal history under Commission, One Columbus Circle NE., development of any guideline Chapter Four; and (B) the treatment of Suite 2–500, South Lobby, Washington, amendments that may be appropriate. revocation sentences under § 4A1.2(k). DC 20002–8002, Attention: Public As part of this examination, the (9) Study of offenses involving 3,4- Affairs—Priorities Comment. Commission intends to study possible Methylenedioxy-N-methylcathinone approaches to (A) simplify the operation (Methylone) and consideration of any FOR FURTHER INFORMATION CONTACT: of the guidelines, promote amendments to the Guidelines Manual Christine Leonard, Director, Office of proportionality, and reduce sentencing that may be appropriate in light of the Legislative and Public Affairs, (202) disparities; and (B) appropriately information obtained from such study. 502–4500, [email protected]. account for the defendant’s role, (10) Implementation of the Bipartisan SUPPLEMENTARY INFORMATION: The culpability, and relevant conduct. Budget Act of 2015, Public Law 114–74, United States Sentencing Commission is (3) Continuation of its study of and any other crime legislation enacted an independent agency in the judicial approaches to encourage use of during the 114th or 115th Congress branch of the United States alternatives to incarceration, including warranting a Commission response. Government. The Commission possible consideration of amending the (11) Resolution of circuit conflicts, promulgates sentencing guidelines and Sentencing Table in Chapter 5, Part A to pursuant to the Commission’s policy statements for federal sentencing consolidate and/or expand Zones A, B, continuing authority and responsibility, courts pursuant to 28 U.S.C. 994(a). The and C, and any other relevant provisions under 28 U.S.C. 991(b)(1)(B) and Commission also periodically reviews in the Guidelines Manual. Braxton v. United States, 500 U.S. 344 and revises previously promulgated (4) Continuation of its multi-year (1991), to resolve conflicting guidelines pursuant to 28 U.S.C. 994(o) study of statutory and guideline interpretations of the guidelines by the and submits guideline amendments to definitions relating to the nature of a federal courts. the Congress not later than the first day defendant’s prior conviction (e.g., (12) Consideration of any of May each year pursuant to 28 U.S.C. ‘‘crime of violence,’’ ‘‘aggravated miscellaneous guideline application 994(p). felony,’’ ‘‘violent felony,’’ ‘‘drug issues coming to the Commission’s
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attention from case law and other the Commission should address during law, and constitutional provisions; and sources, including possible the amendment cycle ending May 1, (3) a direct and concise statement of consideration of whether a defendant’s 2017. To the extent practicable, public why the Commission should make the denial of relevant conduct should be comment should include the following: issue a priority. considered in determining whether a (1) A statement of the issue, including, Authority: 28 U.S.C. 994(a), (o); USSC defendant has accepted responsibility where appropriate, the scope and Rules of Practice and Procedure 5.2. for purposes of § 3E1.1. manner of study, particular problem The Commission hereby gives notice areas and possible solutions, and any Patti B. Saris, that it is seeking comment on these other matters relevant to a proposed Chair. tentative priorities and on any other priority; (2) citations to applicable [FR Doc. 2016–13681 Filed 6–8–16; 8:45 am] issues that interested persons believe sentencing guidelines, statutes, case BILLING CODE 2210–40–P
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Part II
Regulatory Information Service Center
Semiannual Regulatory Agenda
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REGULATORY INFORMATION selected for periodic review under Federal Reserve System SERVICE CENTER section 610 of the Regulatory Flexibility Nuclear Regulatory Commission Act. Securities and Exchange Commission Surface Transportation Board Introduction to the Unified Agenda of ADDRESSES: Regulatory Information Federal Regulatory and Deregulatory Service Center (MVE), General Services Introduction to the Unified Agenda of Actions Administration, 1800 F Street NW., Federal Regulatory and Deregulatory Actions AGENCY: Regulatory Information Service MVE, Room 2219F, Washington, DC Center. 20405. I. What is the Unified Agenda? ACTION: Introduction to the Unified FOR FURTHER INFORMATION CONTACT: For The Unified Agenda provides Agenda of Federal Regulatory and further information about specific information about regulations that the Deregulatory Actions. regulatory actions, please refer to the Government is considering or agency contact listed for each entry. To reviewing. The Unified Agenda has SUMMARY: The Spring 2016 Unified provide comment on or to obtain further appeared in the Federal Register twice Agenda of Federal Regulatory and information about this publication, each year since 1983 and has been Deregulatory Actions. contact: John C. Thomas, Executive available online since 1995. The Publication of the Spring 2016 Director, Regulatory Information Service complete Unified Agenda is available to Unified Agenda of Federal Regulatory Center (MVE), General Services the public at http://reginfo.gov. The and Deregulatory Actions represents a Administration, 1800 F Street NW., online Unified Agenda offers user- key component of the regulatory MVE, Room 2219F, Washington, DC friendly flexible search tools and a vast planning mechanism prescribed in 20405, (202) 482–7340. You may also historical database. Executive Order 12866 ‘‘Regulatory send comments to us by email at: RISC@ The spring 2016 Unified Agenda Planning and Review’’ (58 FR 51735) gsa.gov. publication appearing in the Federal and incorporated by reference in the SUPPLEMENTARY INFORMATION: Register consists of agency regulatory President’s Executive Order 13563, Table of Contents flexibility agendas, in accordance with ‘‘Improving Regulation and Regulatory the publication requirements of the Review,’’ issued on January 18, 2011 (76 Introduction to the Unified Agenda of Regulatory Flexibility Act. Agency FR 3821). Federal Regulatory and Deregulatory Actions regulatory flexibility agendas contain The Regulatory Flexibility Act I. What is the Unified Agenda? only those Agenda entries for rules that requires that agencies publish II. Why is the Unified Agenda published? are likely to have a significant economic semiannual regulatory agendas in the III. How is the Unified Agenda organized? impact on a substantial number of small Federal Register describing regulatory IV. What information appears for each entry? V. Abbreviations entities and entries that have been actions they are developing that may selected for periodic review under have a significant economic impact on VI. How can users get copies of the Plan and the Agenda? section 610 of the Regulatory Flexibility a substantial number of small entities Act. Printed entries display only the (5 U.S.C. 602). Agency Agendas fields required by the Regulatory In the Unified Agenda of Federal Cabinet Departments Flexibility Act. Complete agenda Regulatory and Deregulatory Actions Department of Agriculture information for those entries appears, in (Unified Agenda) agencies report Department of Commerce a uniform format, in the online Unified regulatory actions upcoming in the next Department of Defense Agenda at http://reginfo.gov. year. Executive Order 12866 Department of Education These publication formats meet the ‘‘Regulatory Planning and Review,’’ Department of Energy publication mandates of the Regulatory Department of Health and Human Services signed September 30, 1993 (58 FR Flexibility Act and Executive Order 51735), and Office of Management and Department of Homeland Security Department of Housing and Urban 12866. The complete online edition of Budget memoranda implementing the Unified Agenda includes regulatory section 4 of that Order establish Development Department of the Interior agendas from 57 Federal agencies. minimum standards for agencies’ Department of Justice Agencies of the United States Congress agendas, including specific types of Department of Labor are not included. information for each entry. Department of Transportation The following agencies have no The Unified Agenda helps agencies Department of the Treasury entries identified for inclusion in the fulfill these requirements. All Federal Other Executive Agencies printed regulatory flexibility agenda. regulatory agencies have chosen to Architectural and Transportation Barriers The regulatory agendas of these agencies publish their regulatory agendas as part Compliance Board are available to the public at http:// of the Unified Agenda. The complete Environmental Protection Agency reginfo.gov. Unified Agenda for spring 2016, which General Services Administration Department of State contains the regulatory agendas for 57 National Aeronautics and Space Department of Veterans Affairs Administration Federal agencies, is available to the Agency for International Development public at http://reginfo.gov. Small Business Administration Commission on Civil Rights The spring 2016 Unified Agenda Joint Authority Committee for Purchase From People Who publication appearing in the Federal Department of Defense/General Services Are Blind or Severely Disabled Register consists of agency regulatory Administration/National Aeronautics and Corporation for National and Community flexibility agendas, in accordance with Space Administration (Federal Acquisition Service the publication requirements of the Regulation) Court Services and Offender Supervision Regulatory Flexibility Act. Agency Agency for the District of Columbia Independent Regulatory Agencies Equal Employment Opportunity Commission regulatory flexibility agendas contain Commodity Futures Trading Commission Institute of Museum and Library Services only those Agenda entries for rules that Consumer Financial Protection Bureau National Archives and Records are likely to have a significant economic Consumer Product Safety Commission Administration impact on a substantial number of small Federal Communications Commission National Endowment for the Arts entities and entries that have been Federal Maritime Commission National Endowment for the Humanities
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National Science Foundation II. Why is the Unified Agenda (64 FR 43255), directs agencies to have Office of Government Ethics published? an accountable process to ensure Office of Management and Budget meaningful and timely input by State Office of Personnel Management The Unified Agenda helps agencies comply with their obligations under the and local officials in the development of Office of the United States Trade regulatory policies that have Representative Regulatory Flexibility Act and various Peace Corps Executive orders and other statutes. ‘‘federalism implications’’ as defined in Pension Benefit Guaranty Corporation the Order. Under the Order, an agency Railroad Retirement Board Executive Order 12866 that is proposing a regulation with Social Security Administration Executive Order 12866 entitled federalism implications, which either Farm Credit Administration ‘‘Regulatory Planning and Review,’’ preempt State law or impose non- Federal Deposit Insurance Corporation signed September 30, 1993, (58 FR statutory unfunded substantial direct Federal Energy Regulatory Commission 51735), requires covered agencies to compliance costs on State and local Federal Housing Finance Agency prepare an agenda of all regulations governments, must consult with State Federal Maritime Commission under development or review. The and local officials early in the process Federal Trade Commission of developing the regulation. In Gulf Coast Ecosystem Restoration Council Order also requires that certain agencies National Credit Union Administration prepare annually a regulatory plan of addition, the agency must provide to the National Indian Gaming Commission their ‘‘most important significant Director of the Office of Management National Transportation Safety Board regulatory actions,’’ which appears as and Budget a federalism summary part of the fall Unified Agenda. impact statement for such a regulation, The Regulatory Information Service Executive Order 13497, signed January which consists of a description of the Center compiles the Unified Agenda for 30, 2009 (74 FR 6113), revoked the extent of the agency’s prior consultation the Office of Information and Regulatory amendments to Executive Order 12866 with State and local officials, a Affairs (OIRA), part of the Office of that were contained in Executive Order summary of their concerns and the Management and Budget. OIRA is 13258 and Executive Order 13422. agency’s position supporting the need to responsible for overseeing the Federal issue the regulation, and a statement of Government’s regulatory, paperwork, Executive Order 13563 the extent to which those concerns have and information resource management Executive Order 13563 entitled been met. As part of this effort, agencies activities, including implementation of ‘‘Improving Regulation and Regulatory include in their submissions for the Executive Order 12866 (incorporated by Review,’’ issued on January 18, 2011, Unified Agenda information on whether reference in Executive Order 13563). supplements and reaffirms the their regulatory actions may have an The Center also provides information principles, structures, and definitions effect on the various levels of about Federal regulatory activity to the governing contemporary regulatory government and whether those actions President and his Executive Office, the review that were established in have federalism implications. Congress, agency officials, and the Executive Order 12866, which includes Unfunded Mandates Reform Act of 1995 public. the general principles of regulation and The Unfunded Mandates Reform Act The activities included in the Unified public participation, and orders of 1995 (Pub. L. 104–4, title II) requires Agenda are, in general, those that will integration and innovation in agencies to prepare written assessments have a regulatory action within the next coordination across agencies; flexible of the costs and benefits of significant 12 months. Agencies may choose to approaches where relevant, feasible, and regulatory actions ‘‘that may result in include activities that will have a longer consistent with regulatory approaches; the expenditure by State, local, and timeframe than 12 months. Agency scientific integrity in any scientific or tribal governments, in the aggregate, or agendas also show actions or reviews technological information and processes by the private sector, of $100,000,000 or completed or withdrawn since the last used to support the agencies’ regulatory more . . . in any 1 year . . . .’’ The Unified Agenda. Executive Order 12866 actions; and retrospective analysis of requirement does not apply to does not require agencies to include existing regulations. independent regulatory agencies, nor regulations concerning military or Regulatory Flexibility Act does it apply to certain subject areas foreign affairs functions or regulations The Regulatory Flexibility Act excluded by section 4 of the Act. related to agency organization, requires agencies to identify those rules Affected agencies identify in the Unified management, or personnel matters. that may have a significant economic Agenda those regulatory actions they Agencies prepared entries for this impact on a substantial number of small believe are subject to title II of the Act. publication to give the public notice of entities (5 U.S.C. 602). Agencies meet Executive Order 13211 their plans to review, propose, and issue that requirement by including the regulations. They have tried to predict information in their submissions for the Executive Order 13211 entitled their activities over the next 12 months Unified Agenda. Agencies may also ‘‘Actions Concerning Regulations That as accurately as possible, but dates and indicate those regulations that they are Significantly Affect Energy Supply, schedules are subject to change. reviewing as part of their periodic Distribution, or Use,’’ signed May 18, Agencies may withdraw some of the review of existing rules under the 2001, (66 FR 28355), directs agencies to regulations now under development, Regulatory Flexibility Act (5 U.S.C. provide, to the extent possible, and they may issue or propose other 610). Executive Order 13272 entitled information regarding the adverse regulations not included in their ‘‘Proper Consideration of Small Entities effects that agency actions may have on agendas. Agency actions in the in Agency Rulemaking,’’ signed August the supply, distribution, and use of rulemaking process may occur before or 13, 2002, (67 FR 53461), provides energy. Under the Order, the agency after the dates they have listed. The additional guidance on compliance with must prepare and submit a Statement of Unified Agenda does not create a legal the Act. Energy Effects to the Administrator of obligation on agencies to adhere to the Office of Information and Regulatory schedules in this publication or to Executive Order 13132 Affairs, Office of Management and confine their regulatory activities to Executive Order 13132 entitled Budget, for ‘‘those matters identified as those regulations that appear within it. ‘‘Federalism,’’ signed August 4, 1999, significant energy actions.’’ As part of
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this effort, agencies may optionally 1. Prerule Stage—actions agencies reference in the printed table of include in their submissions for the will undertake to determine whether or contents. Sequence numbers are not Unified Agenda information on whether how to initiate rulemaking. Such actions used in the online Unified Agenda they have prepared or plan to prepare a occur prior to a Notice of Proposed because the unique Regulation Identifier Statement of Energy Effects for their Rulemaking (NPRM) and may include Number (RIN) is able to provide this regulatory actions. Advance Notices of Proposed cross-reference capability. Rulemaking (ANPRMs) and reviews of Editions of the Unified Agenda prior Small Business Regulatory Enforcement existing regulations. to fall 2007 contained several indexes, Fairness Act 2. Proposed Rule Stage—actions for which identified entries with various The Small Business Regulatory which agencies plan to publish a Notice characteristics. These included Enforcement Fairness Act (Pub. L. 104– of Proposed Rulemaking as the next step regulatory actions for which agencies 121, title II) established a procedure for in their rulemaking process or for which believe that the Regulatory Flexibility congressional review of rules (5 U.S.C. the closing date of the NPRM Comment Act may require a Regulatory Flexibility 801 et seq.), which defers, unless Period is the next step. Analysis, actions selected for periodic exempted, the effective date of a 3. Final Rule Stage—actions for which review under section 610(c) of the ‘‘major’’ rule for at least 60 days from agencies plan to publish a final rule or Regulatory Flexibility Act, and actions the publication of the final rule in the an interim final rule or to take other that may have federalism implications Federal Register. The Act specifies that final action as the next step. as defined in Executive Order 13132 or a rule is ‘‘major’’ if it has resulted, or is 4. Long-Term Actions—items under other effects on levels of government. likely to result, in an annual effect on development but for which the agency These indexes are no longer compiled, the economy of $100 million or more or does not expect to have a regulatory because users of the online Unified meets other criteria specified in that action within the 12 months after Agenda have the flexibility to search for Act. The Act provides that the publication of this edition of the Unified entries with any combination of desired Administrator of OIRA will make the Agenda. Some of the entries in this characteristics. The online edition final determination as to whether a rule section may contain abbreviated retains the Unified Agenda’s subject is major. information. index based on the Federal Register 5. Completed Actions—actions or Thesaurus of Indexing Terms. In III. How is the Unified Agenda reviews the agency has completed or organized? addition, online users have the option of withdrawn since publishing its last searching Agenda text fields for words Agency regulatory flexibility agendas agenda. This section also includes items or phrases. are printed in a single daily edition of the agency began and completed the Federal Register. A regulatory between issues of the Agenda. IV. What information appears for each flexibility agenda is printed for each Long-Term Actions are rulemakings entry? agency whose agenda includes entries reported during the publication cycle All entries in the online Unified for rules which are likely to have a that are outside of the required 12- Agenda contain uniform data elements significant economic impact on a month reporting period for which the including, at a minimum, the following substantial number of small entities or Agenda was intended. Completed information: rules that have been selected for Actions in the publication cycle are Title of the Regulation—a brief periodic review under section 610 of the rulemakings that are ending their description of the subject of the Regulatory Flexibility Act. Each printed lifecycle either by Withdrawal or regulation. In the printed edition, the agenda appears as a separate part. The completion of the rulemaking process. notation ‘‘Section 610 Review’’ parts are organized alphabetically in Therefore, the Long-Term and following the title indicates that the four groups: Cabinet departments; other Completed RINs do not represent the agency has selected the rule for its executive agencies; the Federal ongoing, forward-looking nature periodic review of existing rules under Acquisition Regulation, a joint intended for reporting developing the Regulatory Flexibility Act (5 U.S.C. authority; and independent regulatory rulemakings in the Agenda pursuant to 610(c)). Some agencies have indicated agencies. Agencies may in turn be Executive Order 12866, section 4(b) and completions of section 610 reviews or divided into sub-agencies. Each 4(c). To further differentiate these two rulemaking actions resulting from agency’s part of the Agenda contains a stages of rulemaking in the Unified completed section 610 reviews. In the preamble providing information specific Agenda from active rulemakings, Long- online edition, these notations appear in to that agency. Each printed agency Term and Completed Actions are a separate field. agenda has a table of contents listing the reported separately from active Priority—an indication of the agency’s printed entries that follow. rulemakings, which can be any of the significance of the regulation. Agencies The online, complete Unified Agenda first three stages of rulemaking listed assign each entry to one of the following contains the preambles of all above. A separate search function is five categories of significance. participating agencies. In the online provided on http://reginfo.gov to search (1) Economically Significant Agenda, users can select the particular for Completed and Long-Term Actions agencies whose agendas they want to apart from each other and active RINs. As defined in Executive Order 12866, see. Users have broad flexibility to A bullet (•) preceding the title of an a rulemaking action that will have an specify the characteristics of the entries entry indicates that the entry is annual effect on the economy of $100 of interest to them by choosing the appearing in the Unified Agenda for the million or more or will adversely affect desired responses to individual data first time. in a material way the economy, a sector fields. To see a listing of all of an In the printed edition, all entries are of the economy, productivity, agency’s entries, a user can select the numbered sequentially from the competition, jobs, the environment, agency without specifying any beginning to the end of the publication. public health or safety, or State, local, particular characteristics of entries. The sequence number preceding the or tribal governments or communities. Each entry in the Unified Agenda is title of each entry identifies the location The definition of an ‘‘economically associated with one of five rulemaking of the entry in this edition. The significant’’ rule is similar but not stages. The rulemaking stages are: sequence number is used as the identical to the definition of a ‘‘major’’
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rule under 5 U.S.C. 801 (Pub. L. 104– Legal Deadline—whether the action is the agency’s current regulatory plan 121). (See below.) subject to a statutory or judicial published in fall 2015. deadline, the date of that deadline, and Agency Contact—the name and phone (2) Other Significant whether the deadline pertains to an number of at least one person in the A rulemaking that is not NPRM, a Final Action, or some other agency who is knowledgeable about the Economically Significant but is action. rulemaking action. The agency may also considered Significant by the agency. Abstract—a brief description of the provide the title, address, fax number, This category includes rules that the problem the regulation will address; the email address, and TDD for each agency agency anticipates will be reviewed need for a Federal solution; to the extent contact. under Executive Order 12866 or rules available, alternatives that the agency is Some agencies have provided the that are a priority of the agency head. considering to address the problem; and following optional information: These rules may or may not be included potential costs and benefits of the RIN Information URL—the Internet in the agency’s regulatory plan. action. address of a site that provides more Timetable—the dates and citations (if information about the entry. (3) Substantive, Nonsignificant available) for all past steps and a Public Comment URL—the Internet A rulemaking that has substantive projected date for at least the next step address of a site that will accept public impacts but is neither Significant, nor for the regulatory action. A date comments on the entry. Alternatively, Routine and Frequent, nor displayed in the form 06/00/14 means timely public comments may be Informational/Administrative/Other. the agency is predicting the month and submitted at the governmentwide e- year the action will take place but not rulemaking site, http:// (4) Routine and Frequent the day it will occur. In some instances, www.regulations.gov. A rulemaking that is a specific case of agencies may indicate what the next Additional Information—any a multiple recurring application of a action will be, but the date of that action information an agency wishes to include regulatory program in the Code of is ‘‘To Be Determined.’’ ‘‘Next Action that does not have a specific Federal Regulations and that does not Undetermined’’ indicates the agency corresponding data element. alter the body of the regulation. does not know what action it will take Compliance Cost to the Public—the (5) Informational/Administrative/Other next. estimated gross compliance cost of the Regulatory Flexibility Analysis action. A rulemaking that is primarily Required—whether an analysis is Affected Sectors—the industrial informational or pertains to agency required by the Regulatory Flexibility sectors that the action may most affect, matters not central to accomplishing the Act (5 U.S.C. 601 et seq.) because the either directly or indirectly. Affected agency’s regulatory mandate but that the rulemaking action is likely to have a sectors are identified by North agency places in the Unified Agenda to significant economic impact on a American Industry Classification inform the public of the activity. substantial number of small entities as System (NAICS) codes. Major—whether the rule is ‘‘major’’ defined by the Act. Energy Effects—an indication of under 5 U.S.C. 801 (Pub. L. 104–121) Small Entities Affected—the types of whether the agency has prepared or because it has resulted or is likely to small entities (businesses, governmental plans to prepare a Statement of Energy result in an annual effect on the jurisdictions, or organizations) on which Effects for the action, as required by economy of $100 million or more or the rulemaking action is likely to have Executive Order 13211 ‘‘Actions meets other criteria specified in that an impact as defined by the Regulatory Concerning Regulations That Act. The Act provides that the Flexibility Act. Some agencies have Significantly Affect Energy Supply, Administrator of the Office of chosen to indicate likely effects on Distribution, or Use,’’ signed May 18, Information and Regulatory Affairs will small entities even though they believe 2001 (66 FR 28355). make the final determination as to that a Regulatory Flexibility Analysis Related RINs—one or more past or whether a rule is major. will not be required. current RIN(s) associated with activity Unfunded Mandates—whether the Government Levels Affected—whether related to this action, such as merged rule is covered by section 202 of the the action is expected to affect levels of RINs, split RINs, new activity for Unfunded Mandates Reform Act of 1995 government and, if so, whether the previously completed RINs, or duplicate (Pub. L. 104–4). The Act requires that, governments are State, local, tribal, or RINs. before issuing an NPRM likely to result Federal. Some agencies that participated in the in a mandate that may result in International Impacts—whether the fall 2015 edition of The Regulatory Plan expenditures by State, local, and tribal regulation is expected to have have chosen to include the following governments, in the aggregate, or by the international trade and investment information for those entries that private sector of more than $100 million effects, or otherwise may be of interest appeared in the Plan: in 1 year, agencies, other than to the Nation’s international trading Statement of Need—a description of independent regulatory agencies, shall partners. the need for the regulatory action. prepare a written statement containing Federalism—whether the action has Summary of the Legal Basis—a an assessment of the anticipated costs ‘‘federalism implications’’ as defined in description of the legal basis for the and benefits of the Federal mandate. Executive Order 13132. This term refers action, including whether any aspect of Legal Authority—the section(s) of the to actions ‘‘that have substantial direct the action is required by statute or court United States Code (U.S.C.) or Public effects on the States, on the relationship order. Law (Pub. L.) or the Executive order between the national government and Alternatives—a description of the (E.O.) that authorize(s) the regulatory the States, or on the distribution of alternatives the agency has considered action. Agencies may provide popular power and responsibilities among the or will consider as required by section name references to laws in addition to various levels of government.’’ 4(c)(1)(B) of Executive Order 12866. these citations. Independent regulatory agencies are not Anticipated Costs and Benefits—a CFR Citation—the section(s) of the required to supply this information. description of preliminary estimates of Code of Federal Regulations that will be Included in the Regulatory Plan— the anticipated costs and benefits of the affected by the action. whether the rulemaking was included in action.
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Risks—a description of the magnitude NPRM—A Notice of Proposed publication history of regulatory actions of the risk the action addresses, the Rulemaking is the document an agency throughout their development. amount by which the agency expects the issues and publishes in the Federal Seq. No.—The sequence number action to reduce this risk, and the Register that describes and solicits identifies the location of an entry in the relation of the risk and this risk public comments on a proposed printed edition of the Unified Agenda. reduction effort to other risks and risk regulatory action. Under the Note that a specific regulatory action reduction efforts within the agency’s Administrative Procedure Act (5 U.S.C. will have the same RIN throughout its jurisdiction. 553), an NPRM must include, at a development but will generally have minimum: V. Abbreviations different sequence numbers if it appears a statement of the time, place, and nature of in different printed editions of the The following abbreviations appear the public rulemaking proceeding; a Unified Agenda. Sequence numbers are throughout this publication: reference to the legal authority under which not used in the online Unified Agenda. the rule is proposed; and ANPRM—An Advance Notice of U.S.C.—The United States Code is a Proposed Rulemaking is a preliminary either the terms or substance of the proposed consolidation and codification of all notice, published in the Federal rule or a description of the subjects and issues involved. general and permanent laws of the Register, announcing that an agency is United States. The U.S.C. is divided into considering a regulatory action. An PL (or Pub. L.)—A public law is a law 50 titles, each title covering a broad area agency may issue an ANPRM before it passed by Congress and signed by the of Federal law. develops a detailed proposed rule. An President or enacted over his veto. It has ANPRM describes the general area that general applicability, unlike a private VI. How can users get copies of the may be subject to regulation and usually law that applies only to those persons Agenda? asks for public comment on the issues or entities specifically designated. Copies of the Federal Register issue and options being discussed. An Public laws are numbered in sequence containing the printed edition of the ANPRM is issued only when an agency throughout the 2-year life of each Unified Agenda (agency regulatory Congress; for example, PL 110–4 is the believes it needs to gather more flexibility agendas) are available from fourth public law of the 110th Congress. information before proceeding to a the Superintendent of Documents, U.S. RFA—A Regulatory Flexibility notice of proposed rulemaking. Government Printing Office, P.O. Box CFR—The Code of Federal Analysis is a description and analysis of the impact of a rule on small entities, 371954, Pittsburgh, PA 15250–7954. Regulations is an annual codification of Telephone: (202) 512–1800 or 1–866– the general and permanent regulations including small businesses, small governmental jurisdictions, and certain 512–1800 (toll-free). published in the Federal Register by the Copies of individual agency materials agencies of the Federal Government. small not-for-profit organizations. The Regulatory Flexibility Act (5 U.S.C. 601 may be available directly from the The Code is divided into 50 titles, each et seq.) requires each agency to prepare agency or may be found on the agency’s title covering a broad area subject to an initial RFA for public comment when Web site. Please contact the particular Federal regulation. The CFR is keyed to it is required to publish an NPRM and agency for further information. and kept up to date by the daily issues to make available a final RFA when the All editions of The Regulatory Plan of the Federal Register. final rule is published, unless the and the Unified Agenda of Federal E.O.—An Executive order is a agency head certifies that the rule Regulatory and Deregulatory Actions directive from the President to would not have a significant economic since fall 1995 are available in Executive agencies, issued under impact on a substantial number of small electronic form at http://reginfo.gov, constitutional or statutory authority. entities. along with flexible search tools. Executive orders are published in the RIN—The Regulation Identifier The Government Printing Office’s Federal Register and in title 3 of the Number is assigned by the Regulatory GPO FDsys Web site contains copies of Code of Federal Regulations. Information Service Center to identify the Agendas and Regulatory Plans that FR—The Federal Register is a daily each regulatory action listed in the have been printed in the Federal Federal Government publication that Unified Agenda, as directed by Register. These documents are available provides a uniform system for Executive Order 12866 (section 4(b)). at http://www.fdsys.gov. publishing Presidential documents, all Additionally, OMB has asked agencies proposed and final regulations, notices to include RINs in the headings of their Dated: May 18, 2016. of meetings, and other official Rule and Proposed Rule documents John C. Thomas, documents issued by Federal agencies. when publishing them in the Federal Executive Director. FY—The Federal fiscal year runs from Register, to make it easier for the public [FR Doc. 2016–12869 Filed 6–8–16; 8:45 am] October 1 to September 30. and agency officials to track the BILLING CODE 6820–27–P
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Part III
Department of Agriculture
Office of the Secretary Semiannual Regulatory Agenda
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DEPARTMENT OF AGRICULTURE conformance with Executive Orders Because publication in the Federal (E.O.) 12866 ‘‘Regulatory Planning and Register is mandated for the regulatory Office of the Secretary Review,’’ and 13563 ‘‘Improving flexibility agendas required by the Regulation and Regulatory Review.’’ Regulatory Flexibility Act (5 U.S.C. 2 CFR Subtitle B, Ch. IV The agenda also describes regulations 602), USDA’s printed agenda entries affecting small entities as required by include only: 5 CFR Ch. LXXIII section 602 of the Regulatory Flexibility Act, Public Law 96–354. This agenda (1) Rules that are likely to have a 7 CFR Subtitle A; Subtitle B, Chs. I–XI, also identifies regulatory actions that are significant economic impact on a XIV–XVIII, XX, XXV–XXXVIII, XLII being reviewed in compliance with substantial number of small entities; section 610(c) of the Regulatory and 9 CFR Chs. I–III Flexibility Act. We invite public (2) Rules identified for periodic comment on those actions as well as any review under section 610 of the 36 CFR Ch. II regulation consistent with Executive Regulatory Flexibility Act. Order 13563. 48 CFR Ch. 4 USDA has attempted to list all FOR FURTHER INFORMATION CONTACT: For regulations and regulatory reviews further information on any specific Semiannual Regulatory Agenda, pending at the time of publication entry shown in this agenda, please Spring 2016 except for minor and routine or contact the person listed for that action. repetitive actions, but some may have For general comments or inquiries about AGENCY: Office of the Secretary, USDA. been inadvertently missed. There is no the agenda, please contact Michael Poe, ACTION: Semiannual regulatory agenda. legal significance to the omission of an Office of Budget and Program Analysis, item from this listing. Also, the dates U.S. Department of Agriculture, SUMMARY: This agenda provides shown for the steps of each action are Washington, DC 20250, (202) 720–3257. summary descriptions of significant and estimated and are not commitments to not significant regulations being act on or by the date shown. Dated: March 18, 2016. developed in agencies of the U.S. USDA’s complete regulatory agenda is Michael Poe, Department of Agriculture (USDA) in available online at www.reginfo.gov. Legislative and Regulatory Staff.
AGRICULTURAL MARKETING SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
1 ...... National Organic Program, Organic Pet Food Standards ...... 0581–AD20 2 ...... National Organic Program, Organic Apiculture Practice Standard, NOP–12–0063 ...... 0581–AD31 3 ...... National Organic Program—Organic Aquaculture Standards ...... 0581–AD34 4 ...... NOP; Organic Livestock and Poultry Practices ...... 0581–AD44
AGRICULTURAL MARKETING SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
5 ...... National Organic Program, Origin of Livestock, NOP–11–0009 ...... 0581–AD08
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
6 ...... Plant Pest Regulations; Update of General Provisions ...... 0579–AC98 7 ...... Bovine Spongiform Encephalopathy and Scrapie; Importation of Small Ruminants and Their Germplasm, 0579–AD10 Products, and Byproducts. 8 ...... Brucellosis and Bovine Tuberculosis; Update of General Provisions ...... 0579–AD65
ANIMAL AND PLANT HEALTH INSPECTION SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
9 ...... Scrapie in Sheep and Goats ...... 0579–AC92 10 ...... Importation of Wood Packaging Material From Canada ...... 0579–AD28 11 ...... Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits 0579–AD71 and Vegetables. 12 ...... Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent 0579–AE08 and Toxin List.
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ANIMAL AND PLANT HEALTH INSPECTION SERVICE—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
13 ...... Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles ...... 0579–AD11 14 ...... Exportation of Live Animals, Hatching Eggs, and Animal Germplasm From the United States ...... 0579–AE00 15 ...... Importation of Tomato Plantlets in Approved Growing Media From Mexico ...... 0579–AE06 16 ...... Importation of Phalaenopsis Spp. Plants for Planting in Approved Growing Media From China to the Con- 0579–AE10 tinental United States.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
17 ...... Undue Preference and Advantage ...... 0580–AB27
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION—FINAL RULE STAGE
Sequence No. Title Regulation Identifier No.
18 ...... Scope and Unfair Practices ...... 0580–AB25
FOOD AND NUTRITION SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
19 ...... Modernizing Supplemental Nutrition Assistance Program (SNAP) Benefit Redemption Systems ...... 0584–AE37
FOOD AND NUTRITION SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
20 ...... National School Lunch and School Breakfast Programs: Nutrition Standards for All Foods Sold in School, 0584–AE09 as Required by the Healthy, Hunger-Free Kids Act of 2010. 21 ...... Child Nutrition Programs: Local School Wellness Policy Implementation Under the Healthy, Hunger-Free 0584–AE25 Kids Act of 2010.
FOOD AND NUTRITION SERVICE—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
22 ...... Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids 0584–AE18 Act of 2010.
FOOD SAFETY AND INSPECTION SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
23 ...... Elimination of Trichina Control Regulations and Consolidation of Thermally Processed, Commercially 0583–AD59 Sterile Regulations.
FOOD SAFETY AND INSPECTION SERVICE—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
24 ...... Mandatory Inspection of Fish of the Order Siluriformes and Products Derived From Such Fish ...... 0583–AD36
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FOREST SERVICE—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
25 ...... Management of Surface Activities Associated With Outstanding Mineral Rights on National Forest System 0596–AD03 Lands (Directive).
FOREST SERVICE—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
26 ...... Ski Area—D Clauses: Resource and Improvement Protection, Water Facilities, and Water Rights (Direc- 0596–AD14 tive).
OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
27 ...... Designation of Biobased Product Categories for Federal Procurement, Round 11 ...... 0599–AA24 28 ...... Designation of Biobased Product Categories for Federal Procurement, Round 12 ...... 0599–AA25
DEPARTMENT OF AGRICULTURE Regulatory Flexibility Analysis production and certification of farmed (USDA) Required: Yes. aquatic animals and their products in Agency Contact: Miles McEvoy, the USDA organic regulations. This Agricultural Marketing Service (AMS) Deputy Administrator, USDA National action would also add aquatic animals Proposed Rule Stage Organic Program, Department of as a scope of certification and Agriculture, Agricultural Marketing accreditation under the National 1. National Organic Program, Organic Service, 1400 Independence Avenue Organic Program (NOP). This action is Pet Food Standards SW., Washington, DC 20250, Phone: 202 necessary to establish standards for Legal Authority: 7 U.S.C. 6501 720–3252. organic farmed aquatic animals and Abstract: The National Organic RIN: 0581–AD20 their products which would allow U.S. Program (NOP) establishes national 2. National Organic Program, Organic producers to compete in the organic standards governing the marketing of Apiculture Practice Standard, NOP–12– seafood market. This action is also organically produced agricultural 0063 necessary to address multiple products. In 2004, the National Organic recommendations provided to USDA by Legal Authority: 7 U.S.C. 6501 the National Organic Standards Board Standards Board (NOSB) initiated the Abstract: This action proposes to development of organic pet food (NOSB). From 2007 through 2009, the amend the USDA organic regulations to NOSB made five recommendations to standards, which had not been reflect an October 2010 incorporated into the NOP regulations, establish standards for the certification recommendation submitted to the of organic farmed aquatic animals and by forming a task force which included Secretary by the National Organic pet food manufacturers, organic their products. Finally, the U.S. Standards Board (NOSB) concerning the currently has organic standards consultants, etc. Collectively, these production of organic apicultural (or experts drafted organic pet food equivalence arrangements with Canada beekeeping) products. and the European Union (EU). Both standards consistent with the Organic Timetable: Foods Production Act of 1990, Food and Canada and the EU established Drug Administration requirements, and Action Date FR Cite standards for organic aquaculture the Association of American Feed products. Because the U.S. does not Control Officials (AAFCO) Model NPRM ...... 09/00/16 have organic aquaculture standards, the Regulations for Pet and Specialty Pet U.S. is unable to include aquaculture in Food. The AAFCO regulations are Regulatory Flexibility Analysis the scope of these arrangements. scientifically based regulations for Required: Yes. Establishing U.S. organic aquaculture voluntary adoption by State Agency Contact: Miles McEvoy, may provide a basis for expanding those jurisdictions to ensure the safety, Deputy Administrator, USDA National trade partnerships. quality, and effectiveness of feed. In Organic Program, Department of Timetable: November 2008, the NOSB approved a Agriculture, Agricultural Marketing final recommendation for organic pet Service, 1400 Independence Avenue Action Date FR Cite SW., Washington, DC 20250, Phone: 202 food standards incorporating the NPRM ...... 08/00/16 provisions drafted by the pet food task 720–3252. RIN: 0581–AD31 force. Regulatory Flexibility Analysis Timetable: 3. National Organic Program—Organic Required: Yes. Aquaculture Standards Agency Contact: Miles McEvoy, Action Date FR Cite Legal Authority: 7 U.S.C. 6501 to 6522 Deputy Administrator, USDA National NPRM ...... 09/00/16 Abstract: This action proposes to Organic Program, Department of establish standards for organic Agriculture, Agricultural Marketing
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Service, 1400 Independence Avenue and replacement dairy animals from Action Date FR Cite SW., Washington, DC 20250, Phone: 202 which milk or milk products are 720–3252. intended to be sold, labeled, or Notice of Intent 10/20/09 74 FR 53673 RIN: 0581–AD34 represented as organic must be managed To Prepare an organically from the last third of Environmental 4. • NOP; Organic Livestock and gestation. Impact State- Poultry Practices ment. Timetable: Legal Authority: 7 U.S.C. 6501 to 6522 Notice Comment 11/19/09 Abstract: This action proposes to Period End. Action Date FR Cite NPRM ...... 05/00/16 establish standards that support NPRM Comment 07/00/16 additional practice standards for organic NPRM ...... 04/28/15 80 FR 23455 Period End. livestock and poultry production. This NPRM Comment 07/27/15 action would add provisions to the Period End. Final Action ...... 05/00/16 Regulatory Flexibility Analysis USDA organic regulations to address Required: Yes. and clarify livestock and poultry living conditions (for example, outdoor access, Regulatory Flexibility Analysis Agency Contact: Colin Stewart, housing environment and stocking Required: Yes. Assistant Director, Pests, Pathogens, and densities), health care practices (for Agency Contact: Miles McEvoy, Biocontrol Permits, PPQ, Department of example physical alterations, Deputy Administrator, USDA National Agriculture, Animal and Plant Health administering medical treatment, Organic Program, Department of Inspection Service, 4700 River Road, euthanasia), and animal handling and Agriculture, Agricultural Marketing Unit 133, Riverdale, MD 20737–1236, transport to and during slaughter. Service, 1400 Independence Avenue Phone: 301 851–2237. Timetable: SW., Washington, DC 20250, Phone: 202 720–3252. RIN: 0579–AC98 Action Date FR Cite RIN: 0581–AD08 7. Bovine Spongiform Encephalopathy BILLING CODE 3410–02–P and Scrapie; Importation of Small NPRM ...... 04/13/16 81 FR 21955 Ruminants and Their Germplasm, NPRM Comment 06/13/16 Products, and Byproducts Period End. Final Action ...... 10/00/16 DEPARTMENT OF AGRICULTURE Legal Authority: 7 U.S.C. 450; 7 U.S.C. (USDA) 1622; 7 U.S.C. 7701 to 7772; 7 U.S.C. Regulatory Flexibility Analysis 7781 to 7786; 7 U.S.C. 8301 to 8317; 21 Animal and Plant Health Inspection Required: Yes. U.S.C. 136 and 136a; 31 U.S.C. 9701 Agency Contact: Miles McEvoy, Service (APHIS) Abstract: This rulemaking would Deputy Administrator, USDA National Proposed Rule Stage Organic Program, Department of amend the bovine spongiform Agriculture, Agricultural Marketing 6. Plant Pest Regulations; Update of encephalopathy (BSE) and scrapie Service, 1400 Independence Avenue General Provisions regulations regarding the importation of SW., Washington, DC 20250, Phone: 202 live sheep, goats, and wild ruminants Legal Authority: 7 U.S.C. 450; 7 U.S.C. and their embryos, semen, products, 720–3252. 2260; 7 U.S.C. 7701 to 7772; 7 U.S.C. RIN: 0581–AD44 and byproducts. The proposed scrapie 7781 to 7786; 7 U.S.C. 8301 to 8817; 19 revisions regarding the importation of U.S.C. 136; 21 U.S.C. 111; 21 U.S.C. sheep, goats, and susceptible wild 114a; 21 U.S.C. 136 and 136a; 31 U.S.C. ruminants for other than immediate DEPARTMENT OF AGRICULTURE 9701; 42 U.S.C. 4331 and 4332 slaughter are similar to those (USDA) Abstract: We are proposing to revise recommended by the World our regulations regarding the movement Agricultural Marketing Service (AMS) Organization for Animal Health in of plant pests. We are proposing criteria restricting the importation of such Final Rule Stage regarding the movement and animals to those from scrapie-free environmental release of biological regions or certified scrapie-free flocks. 5. National Organic Program, Origin of control organisms, and are proposing to Livestock, NOP–11–0009 establish regulations to allow the Timetable: Legal Authority: 7 U.S.C. 6501 importation and movement in interstate Action Date FR Cite Abstract: The current regulations commerce of certain types of plant pests provide two tracks for replacing dairy without restriction by granting NPRM ...... 05/00/16 animals which are tied to how dairy exceptions from permitting NPRM Comment 07/00/16 farmers transition to organic production. requirements for those pests. We are Period End. Farmers who transition an entire also proposing to revise our regulations distinct herd must thereafter replace regarding the movement of soil. This Regulatory Flexibility Analysis dairy animals with livestock that has proposed rule replaces a previously Required: Yes. been under organic management from published proposed rule, which we are the last third of gestation. Farmers who withdrawing as part of this document. Agency Contact: Langston Hull, do not transition an entire distinct herd This proposal would clarify the factors Senior Staff Veterinary Medical Officer, may perpetually obtain replacement that would be considered when Animal Permitting and Negotiating animals that have been managed assessing the risks associated with the Services, VS, Department of Agriculture, organically for 12 months prior to movement of certain organisms and Animal and Plant Health Inspection marketing milk or milk products as facilitate the movement of regulated Service, 4700 River Road, Unit 39, organic. The proposed action would organisms and articles in a manner that Riverdale, MD 20737–1231, Phone: 301 eliminate the two-track system and also protects U.S. agriculture. 851–3300. require that upon transition, all existing Timetable: RIN: 0579–AD10
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8. Brucellosis and Bovine Tuberculosis; RIN: 0579–AD65 apply to wood packaging material from Update of General Provisions all other countries. This action is Legal Authority: 7 U.S.C. 1622; 7 necessary in order to prevent the dissemination and spread of pests via U.S.C. 8301 to 8317; 15 U.S.C. 1828; 21 DEPARTMENT OF AGRICULTURE wood packaging material from Canada. U.S.C. 136 and 136a; 31 U.S.C. 9701 (USDA) Abstract: This rulemaking would Timetable: consolidate the regulations governing Animal and Plant Health Inspection Action Date FR Cite bovine tuberculosis (TB), currently Service (APHIS) found in 9 CFR part 77, and those Final Rule Stage NPRM ...... 12/02/10 75 FR 75157 governing brucellosis, currently found NPRM Comment 01/31/11 in 9 CFR part 78. As part of this 9. Scrapie in Sheep and Goats Period End. consolidation, we are proposing to Legal Authority: 7 U.S.C. 8301 to 8317 Final Rule ...... 09/00/16 transition the TB and brucellosis Abstract: This rulemaking would Final Action Effec- 10/00/16 programs away from a State status amend the scrapie regulations by tive. system based on disease prevalence. changing the risk groups and categories Instead, States and tribes would established for individual animals and Regulatory Flexibility Analysis implement an animal health plan that for flocks. It would simplify, reduce, or Required: Yes. Agency Contact: John Tyrone Jones, identifies sources of the diseases within remove certain recordkeeping Trade Director, Forestry Products, the State or tribe and specifies requirements. This action would Phytosanitary Issues Management, PPQ, mitigations to address the risk posed by provide designated scrapie Department of Agriculture, Animal and these sources. The consolidated epidemiologists with more alternatives Plant Health Inspection Service, 4700 regulations also would set forth and flexibility when testing animals in River Road, Unit 140, Riverdale, MD standards for surveillance, order to determine flock designations epidemiological investigations, and 20737–1231, Phone: 301 851–2344. under the regulations. It would also RIN: 0579–AD28 affected herd management that must be make the identification and incorporated into each animal health recordkeeping requirements for goat 11. Establishing a Performance plan, with certain limited exceptions; owners consistent with those for sheep Standard for Authorizing the conditions for the interstate movement owners. These changes would affect Importation and Interstate Movement of cattle, bison, and captive cervids; and sheep and goat producers and State of Fruits and Vegetables conditions for APHIS approval of tests governments. Legal Authority: 7 U.S.C. 450; 7 U.S.C. for bovine TB or brucellosis. Finally, the Timetable: 7701 to 7772; 7 U.S.C. 7781 to 7786; 21 rulemaking would revise the import U.S.C. 136 and 136a requirements for cattle and bison to Action Date FR Cite Abstract: This rulemaking will amend make these requirements clearer and NPRM ...... 09/10/15 80 FR 54659 our regulations governing the ensure that they more effectively importations of fruits and vegetables by mitigate the risk of introduction of the NPRM Comment 11/09/15 Period End. broadening our existing performance diseases into the United States. NPRM Comment 11/16/15 80 FR 70718 standard to provide for consideration of Timetable: Period Re- all new fruits and vegetables for opened. importation into the United States using Action Date FR Cite NPRM Comment 12/09/15 a notice-based process. Rather than Period Re- authorizing new imports through NPRM ...... 12/16/15 80 FR 78461 opened End. NPRM Comment 03/15/16 proposed and final rules and specifying Final Action ...... 07/00/16 Period End. import conditions in the regulations, the NPRM Comment 03/11/16 81 FR 12832 Regulatory Flexibility Analysis notice-based process uses Federal Period Ex- Register notices to make risk analyses tended. Required: Yes. Agency Contact: Diane Sutton, Sheep, available to the public for review and NPRM Comment 05/16/16 comment, with authorized commodities Period Ex- Goat, Cervid, and Equine Health Center; tended End. Surveillance, Preparedness, and and their conditions of entry Final Rule ...... 02/00/17 Response Services, VS, Department of subsequently being listed on the Agriculture, Animal and Plant Health Internet. It also will remove the region- Regulatory Flexibility Analysis Inspection Service, 4700 River Road, or commodity-specific phytosanitary Required: Yes. Unit 43, Riverdale, MD 20737–1235, requirements currently found in these Agency Contact: Langston Hull, Phone: 301 851–3509. regulations. Likewise, we are proposing Senior Staff Veterinary Medical Officer, RIN: 0579–AC92 an equivalent revision of the Animal Permitting and Negotiating performance standard in our regulations Services, VS, Department of Agriculture, 10. Importation of Wood Packaging governing the interstate movements of Animal and Plant Health Inspection Material From Canada fruits and vegetables from Hawaii and Service, 4700 River Road, Unit 39, Legal Authority: 7 U.S.C. 450; 7 U.S.C. the U.S. territories (Guam, Northern Riverdale, MD 20737–1231, Phone: 301 7701 to 7772; 7 U.S.C. 7781 to 7786; 21 Mariana Islands, Puerto Rico, and the 851–3300. U.S.C. 136 and 136a U.S. Virgin Islands) and the removal of C. William Hench, Senior Cattle Abstract: This rulemaking will amend commodity-specific phytosanitary Health Specialist, Cattle Health Center, the regulations for the importation of requirements from those regulations. Surveillance, Preparedness, and unmanufactured wood articles with This action will allow for the Response, VS, Department of regard to the exemption that allows consideration of requests to authorize Agriculture, Animal and Plant Health wood packaging material from Canada the importation or interstate movement Inspection Service, 2150 Centre Avenue, to enter the United States without first of new fruits and vegetables in a manner Building B–3E20, Fort Collins, CO meeting the treatment and marking that enables a more flexible and 80526, Phone: 970 494–7378. requirements of the regulations that responsive regulatory approach to
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evolving pest situations in both the Action Date FR Cite Agency Contact: Parul Patel, Phone: United States and exporting countries. It 301 851–2351. will not, however, alter the science- NPRM ...... 01/19/16 81 FR 2762 RIN: 0579–AD11 NPRM Comment 03/21/16 based process in which the risk 14. • Exportation of Live Animals, associated with importation or interstate Period End. Final Action ...... 11/00/16 Hatching Eggs, and Animal Germplasm movement of a given fruit or vegetable From the United States is evaluated or the manner in which risks associated with the importation or Regulatory Flexibility Analysis Legal Authority: 7 U.S.C. 8301 to interstate movement of a fruit or Required: Yes. 8317; 19 U.S.C. 1644a(c); 21 U.S.C. 136, vegetable are mitigated. Agency Contact: Freeda Isaac, 136a, and 618; 46 U.S.C. 3901 and 3902 Timetable: National Director, Agriculture Select Abstract: We are revising the Agent Services, Department of regulations pertaining to the exportation Action Date FR Cite Agriculture, Animal and Plant Health of livestock from the United States. Inspection Service, 4700 River Road, Among other things, we are removing NPRM ...... 09/09/14 79 FR 53346 Unit 2, Riverdale, MD 20737–1231, most of the requirements for export NPRM Comment 11/10/14 Phone: 301 851–3300. health certifications, tests, and Period End. RIN: 0579–AE08 treatments from the regulations, and NPRM Comment 12/04/14 79 FR 71973 instead directing exporters to follow the Period Re- opened. requirements of the importing country NPRM Comment 01/09/15 DEPARTMENT OF AGRICULTURE regarding such processes and Period End. (USDA) procedures. We are retaining only those NPRM Comment 02/06/15 80 FR 6665 export health certification, testing, and Period Re- Animal and Plant Health Inspection treatment requirements that we consider opened. Service (APHIS) necessary to have assurances regarding NPRM Comment 03/10/15 Completed Actions the health and welfare of livestock Period End. exported from the United States. We Final Rule ...... 08/00/16 13. Lacey Act Implementation Plan; also are allowing pre-export inspection Final Rule Effec- 10/00/16 Definitions for Exempt and Regulated tive. of livestock to occur at facilities other Articles than an export inspection facility Regulatory Flexibility Analysis Legal Authority: 16 U.S.C. 3371 et seq. associated with the port of embarkation, Required: Yes. Abstract: We are adopting as a final under certain circumstances, and Agency Contact: Nicole Russo, rule, without change, an interim final replacing specific standards for export Assistant Director, Regulatory rule that established definitions for the inspection facilities and ocean vessels Coordination and Compliance, PPQ, terms common cultivar and common with performance standards. These Department of Agriculture, Animal and food crop and several related terms. The changes will provide exporters and the Plant Health Inspection Service, 4700 2008 amendments to the Lacey Act Animal and Plant Health Inspection River Road, Unit 133, Riverdale, MD expanded its protections to a broader Service (APHIS) with more flexibility in 20737–1236, Phone: 301 851–2159. range of plant species; extended its arranging for the export of livestock RIN: 0579–AD71 reach to encompass products, including from the United States while continuing timber, that derive from illegally to ensure the health and welfare of the 12. • Agricultural Bioterrorism harvested plants; and required that livestock. Additionally, if APHIS knows Protection Act of 2002; Biennial Review importers submit a declaration at the that an importing country requires an and Republication of The Select Agent time of importation for certain plants export health certificate endorsed by the and Toxin List and plant products. Common cultivars competent veterinary authority of the Legal Authority: 7 U.S.C. 8401 and common food crops are among the United States for any animal other than Abstract: In accordance with the categorical exclusions to the provisions livestock, including pets, or for any Agricultural Bioterrorism Protection Act of the Act. The Act does not define the hatching eggs or animal germplasm, we of 2002, we are soliciting public terms common cultivar and common are requiring that the animal, hatching comment regarding the list of select food crop but instead gives authority to eggs, or animal germplasm have such a agents and toxins that have the potential the U.S. Department of Agriculture and health certificate to be eligible for export to pose a severe threat to animal or plant the U.S. Department of the Interior to from the United States. This change will health, or to animal or plant products. define these terms by regulation. The help ensure that all animals, hatching The Act requires the biennial review interim final rule specifically requested eggs, and animal germplasm exported and republication of the list of select comment on definitions of two related from the United States meet the health agents and toxins and the revision of the terms: commercial scale and tree. This requirements of the countries to which list as necessary. Accordingly, we are document responds to comments we they are destined. Finally, we are soliciting public comment on the received on those definitions. making editorial amendments to the current list of select agents and toxins Completed: regulations to make them easier to in our regulations and suggestions understand and comply with. regarding any addition or reduction of Reason Date FR Cite Timetable: the animal or plant pathogens currently on the list of select agents. Affirmation of In- 01/25/16 81 FR 3939 Action Date FR Cite Timetable: terim Final Rule. Affirmation of In- 01/25/16 NPRM ...... 02/26/15 80 FR 10398 NPRM Comment 04/27/15 Action Date FR Cite terim Final Rule Effective. Period End. Final Rule ...... 01/20/16 81 FR 2967 ANPRM ...... 02/27/15 80 FR 10627 Regulatory Flexibility Analysis Final Rule Effec- 02/19/16 ANPRM Comment 04/28/15 tive. Period End. Required: Yes.
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Regulatory Flexibility Analysis 16. • Importation of Phalaenopsis SPP. 2010, the Grain Inspection, Packers and Required: Yes. Plants for Planting in Approved Stockyards Administration (GIPSA) Agency Contact: Jack Taniewski, Growing Media From China to the published a proposed rule addressing Director for Animal Export, National Continental United States this statutory requirement along with Import Export Services, VS, Department Legal Authority: 7 U.S.C. 450; 7 U.S.C. several other rules required by the 2008 of Agriculture, Animal and Plant Health 7701 to 7772; 7 U.S.C. 7781 to 7786; 21 Farm Bill. Proposed 201.211 to the Inspection Service, 4700 River Road, U.S.C. 136 and 136a regulations under the P&S Act would Unit 39, Riverdale, MD 20737–1231, Abstract: This rulemaking amends the have established criteria that the Secretary may consider in determining Phone: 301 851–3300. regulations governing the importation of if conduct would violate section 202(b) plants for planting to authorize the RIN: 0579–AE00 of the P&S Act (undue or unreasonable importation of Phalaenopsis spp. plants • preference or advantage). While many 15. Importation of Tomato Plantlets for planting from China in approved commenters provided examples of in Approved Growing Media From growing media into the continental similarly situated poultry growers and Mexico United States, subject to a systems livestock producers receiving different approach. The systems approach Legal Authority: 7 U.S.C. 450; 7 U.S.C. treatment, other commenters were consists of measures that are currently 7701 to 7772; 7 U.S.C. 7781 to 7786; 21 concerned about the impacts of the specified in the regulations as generally U.S.C. 136 and 136a provision on marketing arrangements applicable to all plants for planting and other beneficial contractual Abstract: This rulemaking amends the authorized for importation into the regulations governing the importation of agreements. Beginning with the FY 2012 United States in approved growing appropriations act, USDA was plants for planting to authorize the media. This rule allows for the importation of tomato plantlets from precluded from working on certain importation of Phalaenopsis spp. plants proposed regulatory provisions related Mexico in approved growing media, for planting from China in approved subject to a systems approach. The to the P&S Act, including criteria in this growing media, while providing proposal regarding undue or systems approach consists of measures protection against the introduction of currently specified for tomato plants for unreasonable preferences or advantages. quarantine plant pests. Consequently, GIPSA did not finalize planting not imported in growing Timetable: media, as well as measures specific to this rule in 2011. The prohibitions are not included in the Consolidated all plants for planting imported into the Action Date FR Cite United States in approved growing Appropriations Act, 2016. This media. Additionally, the plantlets must NPRM ...... 06/01/15 80 FR 30959 rulemaking is necessary to fulfill be imported into greenhouses in the NPRM Comment 07/31/15 statutory requirements. continental United States and the Period End. Timetable: importers of the plantlets from Mexico Final Rule ...... 02/11/16 81 FR 7195 or the owners of the greenhouses in the Final Rule Effec- 03/14/16 Action Date FR Cite tive. continental United States must enter Proposed Rule .... 09/00/16 into compliance agreements regarding Regulatory Flexibility Analysis the conditions under which the plants Required: Yes. Regulatory Flexibility Analysis from Mexico must enter and be Agency Contact: Lydia Colo´n, PPQ, Required: Yes. maintained within the greenhouses. Department of Agriculture, Animal and Agency Contact: Raymond Dexter This rule allows for the importation into Plant Health Inspection Service, 4700 Thomas II, Lead Regulatory Analyst, the continental United States of tomato River Road, Unit 133, Riverdale, MD Department of Agriculture, Grain plantlets from Mexico in approved 20737–1236, Phone: 301 851–2302. Inspection, Packers and Stockyards growing media, while providing RIN: 0579–AE10 Administration, 1400 Independence protection against the introduction of Avenue SW., Room 2530–South, plant pests. The rule also allows the BILLING CODE 3410–34–P Washington, DC 20250, Phone: 202 720– imported greenhouse plantlets to 6529, Fax: 202 690–2173, Email: produce tomato fruit for commercial [email protected]. sale within the United States. DEPARTMENT OF AGRICULTURE RIN: 0580–AB27 Timetable: (USDA)
Action Date FR Cite Grain Inspection, Packers and Stockyards Administration (GIPSA) DEPARTMENT OF AGRICULTURE (USDA) NPRM ...... 03/05/15 80 FR 11946 Proposed Rule Stage NPRM Comment 05/04/15 Grain Inspection, Packers and Period End. 17. • Undue Preference and Advantage Stockyards Administration (GIPSA) Final Rule ...... 10/02/15 80 FR 59557 Final Rule Effec- 11/02/15 Legal Authority: Pub. L. 110–246; 7 Final Rule Stage U.S.C. 181–229c tive. • Abstract: Title XI of the 2008 Farm 18. Scope and Unfair Practices Bill required the Secretary of Regulatory Flexibility Analysis Legal Authority: Pub. L. 110–246; 7 Agriculture to issue a number of Required: Yes. U.S.C. 181 to 229c regulations under the P&S Act. Among Abstract: In June of 2010, GIPSA Agency Contact: Lydia Coloo´n, PPQ, these instructions, the 2008 Farm Bill published a proposal to amend section Department of Agriculture, Animal and directed the Secretary to identify criteria 201.3 of the regulations issued under Plant Health Inspection Service, 4700 to be considered in determining the Packers and Stockyards Act (P&S River Road, Unit 133, Riverdale, MD whether an undue or unreasonable Act), 1921, as amended. This proposed 20737–1236, Phone: 301 851–2302. preference or advantage has occurred in change responds to guidance from the RIN: 0579–AE06 violation of the P&S Act. In June of courts. The courts, in addressing
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litigation brought by poultry growers Action Date FR Cite Agency Contact: Charles H. Watford, alleging harm, have said that GIPSA’s Regulatory Review Specialist, statements regarding the appropriate NPRM ...... 11/00/16 Department of Agriculture, Food and application of subsections 202(a) and Nutrition Service, 3101 Park Center 202(b) are not entitled to deference in Regulatory Flexibility Analysis Drive, Alexandria, VA 22302, Phone: the absence of regulation addressing Required: Yes. 703 605–0800, Email: charles.watford@ whether the P&S Act prohibits all unfair Agency Contact: Charles H. Watford, fns.usda.gov. practices, or only those causing harm or Regulatory Review Specialist, Lynnette M. Thomas, Chief, Planning a likelihood of harm to competition. The Department of Agriculture, Food and and Regulatory Affairs Branch, amendment to 201.3 will establish Nutrition Service, 3101 Park Center Department of Agriculture, Food and GIPSA’s interpretation of the statute Drive, Alexandria, VA 22302, Phone: Nutrition Service, 3101 Park Center which will then be entitled to judicial 703 605–0800, Email: charles.watford@ Drive, Alexandria, VA 22302, Phone: deference. Section 201.210 will fns.usda.gov. 703 605–4782, Email: lynnette.thomas@ illustrate by way of examples types of Lynnette M. Thomas, Chief, Planning fns.usda.gov. and Regulatory Affairs Branch, conduct GIPSA would consider unfair, RIN: 0584–AE09 unjustly discriminatory, or deceptive. Department of Agriculture, Food and Timetable: Nutrition Service, 3101 Park Center 21. Child Nutrition Programs: Local Drive, Alexandria, VA 22302, Phone: School Wellness Policy Implementation Action Date FR Cite 703 605–4782, Email: lynnette.thomas@ Under the Healthy, Hunger-Free Kids fns.usda.gov. Act of 2010 Final Rule ...... 09/00/16 RIN: 0584–AE37 Legal Authority: Pub. L. 111–296 Regulatory Flexibility Analysis Abstract: This final rule codifies a Required: Yes. provision of the Healthy, Hunger-Free DEPARTMENT OF AGRICULTURE Kids Act (Pub. L. 111–296; the Act) Agency Contact: Raymond Dexter (USDA) under 7 CFR parts 210 and 220. Section Thomas II, Lead Regulatory Analyst, Food and Nutrition Service (FNS) 204 of the Act requires each local Department of Agriculture, Grain educational agency (LEA) to establish, Inspection, Packers and Stockyards Final Rule Stage for all schools under its jurisdiction, a Administration, 1400 Independence 20. National School Lunch and School local school wellness policy. The Act Avenue SW., Room 2530–South, requires that the wellness policy Washington, DC 20250, Phone: 202 720– Breakfast Programs: Nutrition Standards for All Foods Sold in School, include goals for nutrition, nutrition 6529, Fax: 202 690–2173, Email: education, physical activity, and other [email protected]. as Required by the Healthy, Hunger- Free Kids Act of 2010 school-based activities that promote RIN: 0580–AB25 student wellness. In addition, the Act Legal Authority: Pub. L. 111–296 BILLING CODE 3410–EN–P requires that local educational agencies Abstract: This rule codifies the two ensure stakeholder participation in provisions of the Healthy, Hunger-Free development of their local school Kids Act (Pub. L. 111–296; the Act) wellness policies, and periodically DEPARTMENT OF AGRICULTURE under 7 CFR parts 210 and 220. Section assess compliance with the policies, and (USDA) 208 requires the Secretary to promulgate disclose information about the policies regulations to establish science-based to the public. Food and Nutrition Service (FNS) nutrition standards for all foods sold in Timetable: Proposed Rule Stage schools. The nutrition standards apply to all food sold outside the school meal Action Date FR Cite 19. Modernizing Supplemental programs, on the school campus, and at Nutrition Assistance Program (SNAP) any time during the school day. Section Benefit Redemption Systems NPRM ...... 02/26/14 79 FR 10693 203 requires schools participating in the NPRM Comment 04/28/14 Legal Authority: Pub. L. 113–79 National School Lunch Program to make Period End. available to children free of charge, as Final Action ...... 05/00/16 Abstract: The Agricultural Act of 2014 nutritionally appropriate, potable water (Pub. L. 113–79, the Farm Bill) amended for consumption in the place where the Food and Nutrition Act of 2008 (the Regulatory Flexibility Analysis meals are served during meal service. FNA) to include new requirements Required: Yes. Timetable: regarding the acceptance and processing Agency Contact: Charles H. Watford, Regulatory Review Specialist, of SNAP client benefits by all non- Action Date FR Cite exempt retailers participating in SNAP. Department of Agriculture, Food and Statutory changes will modernize EBT NPRM ...... 02/08/13 78 FR 9530 Nutrition Service, 3101 Park Center systems and ensure greater program NPRM Comment 04/09/13 Drive, Alexandria, VA 22302, Phone: integrity. The Food and Nutrition Period End. 703 605–0800, Email: charles.watford@ Service (FNS) also plans to revise Interim Final Rule 06/28/13 78 FR 39067 fns.usda.gov. certain SNAP regulations for which Interim Final Rule 08/27/13 Lynnette M. Thomas, Chief, Planning multiple State agencies have sought and Effective. and Regulatory Affairs Branch, Interim Final Rule 10/28/13 received approval of waivers. The Comment Pe- Department of Agriculture, Food and revisions will streamline program riod End. Nutrition Service, 3101 Park Center administration, offer greater flexibility Final Action ...... 05/00/16 Drive, Alexandria, VA 22302, Phone: to State agencies, and improve customer 703 605–4782, Email: lynnette.thomas@ service. Regulatory Flexibility Analysis fns.usda.gov. Timetable: Required: Yes. RIN: 0584–AE25
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DEPARTMENT OF AGRICULTURE necessary. If this supplemental Reason Date FR Cite (USDA) proposed rule is finalized, FSIS will end its Trichinella Approved Laboratory Final Action ...... 12/02/15 80 FR 75589 Food and Nutrition Service (FNS) Program (TALP program) for the Final Action Effec- 03/01/16 Completed Actions evaluation and approval of non-Federal tive. laboratories that use the pooled sample 22. Child and Adult Care Food digestion technique to analyze samples Regulatory Flexibility Analysis Program: Meal Pattern Revisions for the presence of trichina. FSIS is also Required: Yes. Related to the Healthy, Hunger-Free proposing to consolidate the regulations Agency Contact: Daniel L. Engeljohn, Kids Act of 2010 on thermally processed, commercially Phone: 202 205–0495, Fax: 202 720– Legal Authority: Pub. L. 111–296 sterile meat and poultry products (i.e., 2025, Email: daniel.engeljohn@ Abstract: This final rule will canned food products containing meat fsis.usda.gov. RIN: 0583–AD36 implement section 221 of the Healthy, or poultry). Hunger-Free Kids Act of 2010 (Pub. L. Timetable: BILLING CODE 3410–DM–P 111–296; the Act). It requires USDA to review and update, no less frequently Action Date FR Cite than once every 10 years, requirements DEPARTMENT OF AGRICULTURE for meals served under the Child and NPRM ...... 05/00/16 (USDA) Adult Care Food Program (CACFP) to Regulatory Flexibility Analysis Forest Service (FS) ensure those meal patterns are Required: Yes. consistent with the most recent Dietary Agency Contact: Dr. Daniel L. Long-Term Actions Guidelines for Americans and relevant Engeljohn, Assistant Administrator, 25. Management of Surface Activities nutrition science. Office of Policy and Program Associated With Outstanding Mineral Completed: Development, Department of Rights on National Forest System Lands Reason Date FR Cite Agriculture, Food Safety and Inspection (Directive) Service, 1400 Independence Avenue Legal Authority: EPA 1992 Final Action ...... 04/25/16 81 FR 24348 SW., 349–E JWB, Washington, DC Abstract: Close to 11,000,000 acres Final Action Effec- 06/24/16 20250, Phone: 202 205–0495, Fax: 202 (approximately 6 percent) of National tive. 720–2025, Email: daniel.engeljohn@ Forest System (NFS) lands overlie fsis.usda.gov. severed (split) mineral estates owned by Regulatory Flexibility Analysis RIN: 0583–AD59 a party other than the Federal Required: Yes. Government. More than 75 percent of Agency Contact: Charles H. Watford, these lands are in the Eastern Region Phone: 703 605–0800, Email: DEPARTMENT OF AGRICULTURE (Forest Service Regions 8 and 9). There [email protected]. are two kinds of severed mineral estates, Lynnette M. Thomas, Phone: 703 605– (USDA) generally known as ‘‘private rights’’: 4782, Email: lynnette.thomas@ Food Safety and Inspection Service reserved and outstanding. Reserved fns.usda.gov. (FSIS) mineral rights are those retained by a RIN: 0584–AE18 Completed Actions grantor in a deed conveying land to the BILLING CODE 3410–30–P United States. Outstanding mineral 24. Mandatory Inspection of Fish of the rights are those owned by a party other Order Siluriformes and Products than the surface owner at the time the DEPARTMENT OF AGRICULTURE Derived From Such Fish surface was conveyed to the United (USDA) Legal Authority: Federal Meat States. Because these are non-Federal Inspection Act (FMIA) (21 U.S.C. 601 to mineral interests, the U.S. Department Food Safety and Inspection Service 695); Pub. L. 110–246, sec 11016; Pub. of the Interior’s Bureau of Land (FSIS) L. 113–79, sec 12106 Management has no authority for or role Proposed Rule Stage Abstract: The 2008 Farm Bill (Pub. L. in managing development activities 110–246, sec. 11016), amended the associated with such interests. States 23. Elimination of Trichina Control Federal Meat Inspection Act (FMIA) to have the authority and responsibility for Regulations and Consolidation of make ‘‘catfish’’ a species amenable to regulating development of the private Thermally Processed, Commercially the FMIA and, therefore, subject to Food mineral estate. Sterile Regulations Safety and Inspection Service (FSIS) Various Secretary’s Rules and Legal Authority: Federal Meat inspection. In addition, the 2008 Farm Regulations (years of 1911, 1937, 1938, Inspection Act (FMIA); Poultry Products Bill gave FSIS the authority to define 1939, 1947, 1950, and 1963) and Forest Inspection Act (PPIA) the term ‘‘catfish.’’ On February 24, Service regulations at 36 CFR 251.15 Abstract: The Food Safety and 2011, FSIS published a proposed rule provide direction for the use of NFS Inspection Service (FSIS) is proposing that outlined a mandatory catfish lands for mineral development activities to amend the Federal meat inspection inspection program and presented two associated with the exercise of reserved regulations to eliminate the options for defining ‘‘catfish.’’ The 2014 mineral rights. These existing rules for requirements for both ready-to-eat (RTE) Farm Bill (Pub. L. 113–79, sec. 12106), reserved minerals development and not-ready-to-eat (NRTE) pork and amended the FMIA to remove the term activities also include requirements for pork products to be treated to destroy ‘‘catfish’’ and to make ‘‘all fish of the protection of NFS resources. trichina (Trichinella spiralis) because order Siluriformes’’ subject to FSIS Currently, there are no formal the regulations are inconsistent with the jurisdiction and inspection. As a result, regulations governing the use of NFS Hazard Analysis and Critical Control FSIS inspection of Siluriformes is lands for activities associated with the Point (HACCP) regulations, and these mandated by law and non-discretionary. exercise of outstanding mineral rights prescriptive regulations are no longer Completed: underlying those lands. The Energy
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Policy Act of 1992, section 2508, Service had erred in not providing an products. Typical intermediate directed the Secretary of Agriculture to opportunity for notice and comment on ingredient or feedstock product apply specified terms and conditions to the interim directive and that the agency categories will include renewable surface-disturbing activities related to needed to conduct a Regulatory chemicals; plastic resins; chemical development of oil and gas on certain Flexibility Act analysis of the impact of binders; oils, fats, and waxes; and fibers lands with outstanding mineral rights the directive on small business entities and fabrics. on the Allegheny National Forest, and that hold ski area permits. The court Timetable: promulgate regulations implementing vacated the interim directive and that section. enjoined enforcement of the 2011 and Action Date FR Cite The Forest Service initiated 2012 clauses in permits containing rulemaking for the use of NFS lands for them. The directive addresses the NPRM ...... 06/00/16 development activities associated with development of water facilities on NFS both reserved and outstanding minerals lands; the ownership of preexisting and Regulatory Flexibility Analysis rights with an Advance Notice of future water rights; mechanisms to Required: Yes. Proposed Rulemaking (ANPRM) in the ensure sufficient water remains for ski Agency Contact: Marie Wheat, Federal Register on December 29, 2008. areas on NFS lands; and measures Department of Agriculture, Office of Comments from the public in response necessary to protect NFS lands and Procurement and Property Management, to the ANPRM conveyed a high level of resources. The Forest Service published Washington, DC 20250, Phone: 202 239– concern about the broad scope of the the proposed ski area water rights clause 4502, Email: [email protected]. rule, along with a high level of concern in the Federal Register for public notice RIN: 0599–AA24 about effects of a broad rule on small and comment. To identify interests and 28. Designation of Biobased Product businesses and local economies. views from a diverse group of Categories for Federal Procurement, Timetable: stakeholders regarding a revised water Round 12 rights clause for ski areas, the Forest Action Date FR Cite Service held four stakeholder meetings Legal Authority: Pub. L. 113–79 in April 2013. The input from the Abstract: This proposed rule will ANPRM ...... 12/29/08 73 FR 79424 designate, for preferred procurement ANPRM Comment 02/27/09 stakeholder sessions was considered in Period End. the development of the final water under the Federal Biobased Products rights clause for ski areas. Preferred Procurement Program, NPRM ...... To Be Determined Completed: approximately eight complex assembly product categories. A complex assembly Regulatory Flexibility Analysis Reason Date FR Cite is defined by the BioPreferred program Required: Yes. as a system of distinct materials and Agency Contact: LaRenda C. King, Final Directive ..... 12/30/15 80 FR 81508 components assembled to create a Phone: 202 205–6560, Email: finished product with specific [email protected]. Regulatory Flexibility Analysis functional intent where some or all of RIN: 0596–AD03 Required: Yes. the system inputs contain some amount Agency Contact: LaRenda C. King, of biobased material or feedstock. Phone: 202 205–6560, Email: Typical complex assembly product [email protected]. categories will include products such as DEPARTMENT OF AGRICULTURE RIN: 0596–AD14 (USDA) upholstered office chairs and other BILLING CODE 3410–11–P office furniture; mattresses; backpacks; Forest Service (FS) boots; and other camping gear. The Completed Actions specific product categories to be DEPARTMENT OF AGRICULTURE included in this rulemaking are under 26. Ski Area—D Clauses: Resource and (USDA) investigation by the Office of Improvement Protection, Water Procurement and Property Management, Facilities, and Water Rights (Directive) Office of Procurement and Property but technical information is expected to Legal Authority: FSH 2709.11 Management (OPPM) be available to support the designation Abstract: On November 8, 2011, the Proposed Rule Stage of about eight product categories. Forest Service issued an interim Timetable: directive (FSH 2709.11–2011–3) 27. Designation of Biobased Product including a revised clause to address the Categories for Federal Procurement, Action Date FR Cite ownership of water rights developed on Round 11 National Forest System (NFS) lands for Legal Authority: Pub. L. 113–79 NPRM ...... 08/00/16 use by ski area permit holders. On Abstract: This proposed rule will March 6, 2012, a second interim designate, for preferred procurement Regulatory Flexibility Analysis directive (FSH 2709.11–2012–1) for the under the Federal Biobased Products Required: Yes. revised ski area water rights clause was Preferred Procurement Program, Agency Contact: Marie Wheat, issued, superseding the 2011 version. approximately 10 intermediate Department of Agriculture, Office of The National Ski Areas Association ingredient or feedstock product Procurement and Property Management, filed a lawsuit in the United States categories. An intermediate ingredient Washington, DC 20250, Phone: 202 239– District Court for the District of or feedstock is defined by the 4502, Email: [email protected]. Colorado on March 12, 2012, opposing BioPreferred Program as a material or RIN: 0599–AA25 use of the revised clause. On December compound made in whole or in [FR Doc. 2016–12899 Filed 6–8–16; 8:45 am] 19, 2012, the court ruled that the Forest significant part from biological BILLING CODE 3410–98–P
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Part IV
Department of Commerce
Semiannual Regulatory Agenda
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DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Commerce and Atmospheric Administration hereby publishes its spring 2016 Unified (NOAA), the Bureau of Industry and Office of the Secretary Agenda of Federal Regulatory and Security, and the Patent and Trademark Deregulatory Actions pursuant to Office issue the greatest share of 13 CFR Ch. III Executive Order 12866 and the Commerce’s regulations. Regulatory Flexibility Act, 5 U.S.C. 601 A large number of regulatory actions 15 CFR Subtitle A; Subtitle B, Chs. I, et seq. Executive Order 12866 requires II, III, VII, VIII, IX, and XI reported in the Agenda deal with fishery agencies to publish an agenda of those management programs of NOAA’s regulations that are under consideration National Marine Fisheries Service 19 CFR Ch. III pursuant to this order. By memorandum (NMFS). To avoid repetition of of February 19, 2016, the Office of programs and definitions, as well as to 37 CFR Chs. I, IV, and V Management and Budget issued provide some understanding of the guidelines and procedures for the 48 CFR Ch. 13 preparation and publication of the technical and institutional elements of spring 2016 Unified Agenda. The NMFS’ programs, an ‘‘Explanation of 50 CFR Chs. II, III, IV, and VI Regulatory Flexibility Act requires Information Contained in NMFS agencies to publish, in the spring and Regulatory Entries’’ is provided below. Spring 2016 Semiannual Agenda of fall of each year, a regulatory flexibility Regulations Explanation of Information Contained agenda that contains a brief description in NMFS Regulatory Entries AGENCY: Office of the Secretary, of the subject of any rule likely to have Commerce. a significant economic impact on a The Magnuson-Stevens Fishery ACTION: Semiannual regulatory agenda. substantial number of small entities, Conservation and Management Act (16 and a list that identifies those entries U.S.C. 1801 et seq.) (the Act) governs SUMMARY: In compliance with Executive that have been selected for periodic the management of fisheries within the Order 12866, entitled ‘‘Regulatory review under section 610 of the Exclusive Economic Zone of the United Planning and Review,’’ and the Regulatory Flexibility Act. States (EEZ). The EEZ refers to those Regulatory Flexibility Act, as amended, In addition, beginning with the fall waters from the outer edge of the State the Department of Commerce 2007 edition, the Internet became the boundaries, generally 3 nautical miles, (Commerce), in the spring and fall of basic means for disseminating the to a distance of 200 nautical miles. For each year, publishes in the Federal Unified Agenda. The complete Unified fisheries that require conservation and Register an agenda of regulations under Agenda is available online at management measures, eight Regional development or review over the next 12 www.reginfo.gov, in a format that offers Fishery Management Councils months. Rulemaking actions are users a greatly enhanced ability to (Councils) prepare Fishery Management grouped according to prerulemaking, obtain information from the Agenda Plans (FMPs) for the fisheries within proposed rules, final rules, long-term database. their respective areas. Regulations actions, and rulemaking actions Because publication in the Federal implementing these FMPs regulate completed since the fall 2015 agenda. Register is mandated for the regulatory domestic fishing and foreign fishing The purpose of the Agenda is to provide flexibility agendas required by the where permitted. Foreign fishing may be information to the public on regulations Regulatory Flexibility Act, Commerce’s conducted in a fishery in which there is that are currently under review, being printed agenda entries include only: no FMP only if a preliminary fishery proposed, or issued by Commerce. The (1) Rules that are in the Agency’s management plan has been issued to agenda is intended to facilitate regulatory flexibility agenda, in govern that foreign fishing. In the comments and views by interested accordance with the Regulatory development of FMPs, or amendments members of the public. Flexibility Act, because they are likely to FMPs, and their implementing Commerce’s spring 2016 regulatory to have a significant economic impact regulations, the Councils are required by agenda includes regulatory activities on a substantial number of small law to conduct public hearings on the that are expected to be conducted entities; and draft plans and to consider the use of during the period April 1, 2016, through (2) Rules that the Agency has alternative means of regulating. March 31, 2017. identified for periodic review under FOR FURTHER INFORMATION CONTACT: section 610 of the Regulatory Flexibility The Council process for developing Specific: For additional information Act. FMPs and amendments makes it about specific regulatory actions listed Printing of these entries is limited to difficult for NMFS to determine the in the agenda, contact the individual fields that contain information required significance and timing of some identified as the contact person. by the Regulatory Flexibility Act’s regulatory actions under consideration General: Comments or inquiries of a Agenda requirements. Additional by the Councils at the time the general nature about the agenda should information on these entries is available semiannual regulatory agenda is be directed to Asha Mathew, Chief in the Unified Agenda published on the published. Counsel for Regulation, Office of the Internet. Commerce’s spring 2016 regulatory Assistant General Counsel for Within Commerce, the Office of the agenda follows. Legislation and Regulation, U.S. Secretary and various operating units Department of Commerce, Washington, may issue regulations. Among these Kelly Welsh, DC 20230, telephone: 202–482–3151. operating units, the National Oceanic General Counsel.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
29 ...... Amendment 5b to the Highly Migratory Species Fishery Management Plan ...... 0648–BD22
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE—Continued
Regulation Sequence No. Title Identifier No.
30 ...... Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific 0648–BD59 Ocean. 31 ...... Regulatory Amendment 16 to the Fishery Management Plan for the Snapper-Grouper Fishery of the 0648–BD78 South Atlantic Region. 32 ...... Omnibus Acceptable Biological Catch Framework Adjustment ...... 0648–BE65 33 ...... Modification of the Temperature-Dependent Component of the Pacific Sardine Harvest Guideline Control 0648–BE77 Rule To Incorporate New Scientific Information. 34 ...... Reductions in Fishing Capacity for Lobster Management Areas 2 and 3 ...... 0648–BF01 35 ...... Pacific Coast Groundfish Trawl Rationalization Program; Widow Rockfish Reallocation in the Individual 0648–BF12 Fishing Quota Fishery. 36 ...... Amendment 18 to the Northeast Multispecies Fishery Management Plan (Section 610 Review) ...... 0648–BF26 37 ...... Allow the Use of Longline Pot Gear in the Gulf of Alaska Sablefish Individual Fishing Quota Fishery ...... 0648–BF42 38 ...... Atlantic Highly Migratory Species; Atlantic Blacknose Shark Commercial Retention Limit ...... 0648–BF49 39 ...... Amendment 113 to the FMP for Groundfish of the BSAI Management Area To Establish a Catcher Vessel 0648–BF54 Fishing Period and Shoreside Processing Delivery Requirements for Aleutian Islands Pacific Cod. 40 ...... Regulatory Amendment 25 to the Fishery Management Plan for the Snapper-Grouper Fishery of the 0648–BF61 South Atlantic Region. 41 ...... Specification of Management Measures for Atlantic Herring for the 2016–2018 Fishing Years ...... 0648–BF64 42 ...... Amendment 19 to the Atlantic Sea Scallop Fishery Management Plan (FMP) ...... 0648–BF72 43 ...... Amendment 17A to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, U.S. 0648–BF77 Waters. 44 ...... Framework Amendment 1 to the Dolphin and Wahoo Fishery Management Plan of the Atlantic ...... 0648–BF81 45 ...... Omnibus Essential Fish Habitat Amendment 2 ...... 0648–BF82 46 ...... Amendment 103 to the Fishery Management Plan for Groundfish of the Gulf of Alaska to Reapportion 0648–BF84 Chinook Salmon Prohibited Catch in the Gulf of Alaska Trawl Fisheries. 47 ...... Framework Adjustment 3 to the Northeast Skate Complex Fishery Management Plan ...... 0648–BF87 48 ...... 2016–2018 Spiny Dogfish Fishery Specifications ...... 0648–BF88 49 ...... 2016 Summer Flounder, Scup, and Black Sea Bass Recreational Harvest Measures (Section 610 Re- 0648–BF89 view).
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
50 ...... Amendment 7 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan ...... 0648–BC09 51 ...... Amendment 39 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico ...... 0648–BD25 52 ...... Amendment 28 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (Sec- 0648–BD68 tion 610 Review). 53 ...... Amendment 35 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic 0648–BE70 Region. 54 ...... Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance (Section 610 Review) ...... 0648–BE90 55 ...... Amendment 109 to the Fishery Management Plan for Groundfish of the BSAI To Facilitate Development 0648–BF05 of Groundfish Fisheries for Small Vessels in the Western Alaska Community Development Quota Pro- gram. 56 ...... Magnuson-Stevens Fisheries Conservation and Management Act; Seafood Import Monitoring Program .... 0648–BF09 57 ...... Process for Divestiture of Excess Quota Shares (Section 610 Review) ...... 0648–BF11 58 ...... Implementation of Salmon Bycatch Management Measures for the Bering Sea Pollock Fishery ...... 0648–BF25 59 ...... Cost Recovery Authorized Payment Methods ...... 0648–BF35 60 ...... Amendment 102 to the Fishery Management Plan for Groundfish of the Gulf of Alaska ...... 0648–BF36 61 ...... 2016–2018 Specifications and Management Measures for the Atlantic Mackerel, Squid, and Butterfish 0648–BF53 Fishery Management Plan. 62 ...... Framework Adjustment 27 to the Atlantic Sea Scallop Fishery Management Plan ...... 0648–BF59 63 ...... Revisions to the Pacific Halibut Catch Sharing Plan, Codified Regulations, and Annual Management 0648–BF60 Measures for 2016 and Beyond. 64 ...... Framework Action To Modify the Gag Minimum Size Limits, Recreational Season, and Black Grouper 0648–BF70 Minimum Size Limits in the Gulf of Mexico (Section 610 Review).
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
65 ...... Comprehensive Fishery Management Plan for Puerto Rico ...... 0648–BD32 66 ...... Comprehensive Fishery Management Plan for St. Croix ...... 0648–BD33 67 ...... Comprehensive Fishery Management Plan for St. Thomas/St. John ...... 0648–BD34 68 ...... Designate Critical Habitat for the Hawaiian Insular False Killer Whale Distinct Population Segment ...... 0648–BC45 69 ...... Designation of Critical Habitat for the Arctic Ringed Seal ...... 0648–BC56
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
70 ...... Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico ...... 0648–AS65 71 ...... Atlantic Highly Migratory Species; Future of the Atlantic Shark Fishery ...... 0648–BA17 72 ...... Implement the 2010 Shark Conservation Act Provisions and Other Regulations in the Atlantic 0648–BB02 Smoothhound Shark Fishery. 73 ...... Implementation of the Inter-American Tropical Tuna Commission Resolution To Establish a Vessel Moni- 0648–BD54 toring System Program in the Eastern Pacific Ocean. 74 ...... Amendment 7 to the FMP for the Dolphin Wahoo Fishery of the Atlantic and Amendment 33 to the FMP 0648–BD76 for the Snapper-Grouper Fishery of the South Atlantic. 75 ...... Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hard Bottom Habitats of 0648–BD81 the South Atlantic Region. 76 ...... Cost Recovery from Amendment 80, CDQ Groundfish and Halibut, American Fisheries Act and Aleutian 0648–BE05 Islands Pollock, and the Freezer Longline Coalition Pacific Cod Fisheries Management Programs. 77 ...... Generic Accountability Measure and Dolphin Allocation Amendment for the South Atlantic Region ...... 0648–BE38 78 ...... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort 0648–BE84 and Catch Limits and other Restrictions and Requirements. 79 ...... Revision of Skate Maximum Retainable Amounts in the Gulf of Alaska Groundfish Fishery ...... 0648–BE85 80 ...... Amendment 44 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 0648–BE98 to Modify Right of First Refusal Provisions of the Crab Rationalization Program. 81 ...... Framework Amendment 3 to the Fishery Management Plan for the Coastal Migratory Pelagic Resources 0648–BF14 of the Gulf of Mexico and Atlantic Region. 82 ...... Framework Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mex- 0648–BF21 ico to Modify Greater Amberjack Allowable Harvest and Management Measures. 83 ...... Framework Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mex- 0648–BF33 ico for Red Snapper Commercial Quota Retention for 2016. 84 ...... Designation of Critical Habitat for the North Atlantic Right Whale ...... 0648–AY54 85 ...... Endangered and Threatened Species: Designation of Critical Habitat for Threatened Lower Columbia 0648–BB30 River Coho Salmon and Puget Sound Steelhead. 86 ...... Revisions to Hawaiian Islands Humpback Whale National Marine Sanctuary Regulations ...... 0648–BD97
PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
87 ...... Trademark Fee Adjustment ...... 0651–AD08
DEPARTMENT OF COMMERCE (DOC) overfished and still experiencing Regulatory Flexibility Analysis overfishing and originally proposed Required: Yes. National Oceanic and Atmospheric management measures to end Administration (NOAA) Agency Contact: Alan Risenhoover, overfishing and rebuild dusky sharks in Director, Office of Sustainable Fisheries, Proposed Rule Stage a proposed rule for Draft Amendment 5 Department of Commerce, National National Marine Fisheries Service to the 2006 Consolidated Atlantic Oceanic and Atmospheric Highly Migratory Species Fishery Administration, Room 13362, 1315 East- 29. Amendment 5B to the Highly Management Plan. That proposed rule West Highway, Silver Spring, MD Migratory Species Fishery Management also contained management measures 20910, Phone: 301 713–2334, Fax: 301 Plan for scalloped hammerhead, sandbar, 713–0596, Email: alan.risenhoover@ Legal Authority: 16 U.S.C. 1801 et blacknose and Gulf of Mexico blacktip noaa.gov. seq.; 16 U.S.C. 971 et seq. sharks. NMFS decided to move forward RIN: 0648–BD22 Abstract: This rulemaking would with Draft Amendment 5’s management 30. Implementation of a Program for propose management measures for measures for scalloped hammerhead, Transshipments by Large Scale Fishing dusky sharks based on the latest stock sandbar, blacknose and Gulf of Mexico Vessels in the Eastern Pacific Ocean assessment, taking into consideration blacktip sharks in a final rule and final comments received on the proposed amendment that will now be referred to Legal Authority: 16 U.S.C. 951 et seq.; rule and Amendment 5 to the 2006 as ‘‘Amendment 5a’’ to the 2006 16 U.S.C. 971 et seq. Consolidated Highly Migratory Species Consolidated Atlantic Highly Migratory Abstract: This rule would implement Fishery Management Plan. This Species Fishery Management Plan. the Inter-American Tropical Tuna rulemaking considers a range of Dusky shark management measures will Commission program to monitor commercial and recreational be addressed in this separate, but transshipments by large-scale tuna management measures in both directed related, action and will be referred to as fishing vessels, and would govern and incidental shark fisheries including, ‘‘Amendment 5b.’’ transshipments by U.S. large-scale tuna among other things, gear modifications, Timetable: fishing vessels and carrier, or receiving, time/area closures, permitting, shark vessels. The rule would establish: identification requirements, and Action Date FR Cite criteria for transshipping in port; criteria reporting requirements. NMFS NPRM ...... 10/00/16 for transshipping at sea by longline determined dusky sharks are still vessels to an authorized carrier vessel
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with an Inter-American Tropical Tuna Region, Department of Commerce, index. This action also will revise the Commission observer onboard and an National Oceanic and Atmospheric upper temperature limit to allow for operational vessel monitoring system; Administration, 263 13th Avenue additional sardine harvest where prior and require the Pacific Transshipment South, St. Petersburg, FL 33701, Phone: guidelines set catch unnecessarily low. Declaration Form, which must be used 727 824–5305, Fax: 727 824–5308, Timetable: to report transshipments in the Inter- Email: [email protected]. American Tropical Tuna Commission RIN: 0648–BD78 Action Date FR Cite Convention Area. This rule is necessary 32. Omnibus Acceptable Biological for the United States to satisfy its NPRM ...... 07/00/16 international obligations under the 1949 Catch Framework Adjustment Regulatory Flexibility Analysis Convention for the Establishment of an Legal Authority: 16 U.S.C. 1801 et seq. Required: Yes. Inter-American Tropical Tuna, to which Abstract: This action would make two Agency Contact: William Stelle Jr., it is a Contracting Party. administrative adjustments to the Mid- Timetable: Atlantic Fishery Management Council’s Regional Administrator, West Coast (Council) Omnibus Annual Catch Limit Region, Department of Commerce, Action Date FR Cite Amendment: (1) Adjust the Council’s National Oceanic and Atmospheric risk policy so that the Scientific and Administration, 7600 Sand Point Way NPRM ...... 10/00/16 Statistical Committee may apply an Northeast, Building 1, Seattle, WA average probability of overfishing when 98115, Phone: 206 526–6150, Email: Regulatory Flexibility Analysis recommending multi-year Acceptable [email protected]. Required: Yes. RIN: 0648–BE77 Agency Contact: William Stelle Jr., Biological Catches; and (2) make all of Regional Administrator, West Coast the Council’s fishery management plans 34. Reductions in Fishing Capacity for Region, Department of Commerce, consistent in allowing new status Lobster Management Areas 2 and 3 National Oceanic and Atmospheric determination criteria (overfishing Legal Authority: 16 U.S.C. 5101 et seq. Administration, 7600 Sand Point Way definitions, etc.) to be accepted as the Abstract: This action proposes several Northeast, Building 1, Seattle, WA best available scientific information. reductions in fishing capacity for 98115. Phone: 206 526–6150. Email: Timetable: Lobster Management Areas 2 and 3. The [email protected]. proposed measures include: Caps on the Action Date FR Cite RIN: 0648–BD59 number of traps that can be actively fished; caps on the number of traps 31. Regulatory Amendment 16 to the NPRM ...... 07/00/16 associated with a permit (i.e., allowing Fishery Management Plan for the trap banking); and caps on the number Snapper-Grouper Fishery of the South Regulatory Flexibility Analysis of traps or permits issued to a given Atlantic Region Required: Yes. Agency Contact: John K. Bullard, owner. This action is intended to assist Legal Authority: 16 U.S.C. 1801 et seq. Regional Administrator, Greater Atlantic in rebuilding the Southern New England Abstract: Regulatory Amendment 16 Region, Department of Commerce, lobster stock. contains an action to address the National Oceanic and Atmospheric Timetable: prohibition on the use of black sea bass Administration, 55 Great Republic pots annually from November 1 through Action Date FR Cite Drive, Gloucester, MA 01930, Phone: April 30 that was implemented through 978 281–9287, Email: john.bullard@ Regulatory Amendment 19. The NPRM ...... 07/00/16 noaa.gov. prohibition was a precautionary RIN: 0648–BE65 measure to prevent interactions between Regulatory Flexibility Analysis black sea bass pot gear and whales listed 33. Modification of the Temperature- Required: Yes. under the Endangered Species Act Dependent Component of the Pacific Agency Contact: John K. Bullard, during large whale migrations and the Sardine Harvest Guideline Control Rule Regional Administrator, Greater Atlantic right whale calving season off the To Incorporate New Scientific Region, Department of Commerce, southeastern coast. The South Atlantic Information National Oceanic and Atmospheric Administration, 55 Great Republic Fishery Management Council, through Legal Authority: 16 U.S.C. 1801 et seq. Regulatory Amendment 16, is Drive, Gloucester, MA 01930, Phone: Abstract: Pursuant to a 978 281–9287, Email: john.bullard@ considering removal of the closure, recommendation of the Pacific Fishery changing the length of the closure, and noaa.gov. Management Council (Council) under RIN: 0648–BF01 changing the area of the closure. The the Magnuson-Stevens Act, the National goal is to minimize adverse socio- Marine Fisheries Service (NMFS) is 35. Pacific Coast Groundfish Trawl economic impacts to black sea bass pot proposing to use a new temperature Rationalization Program; Widow endorsement holders while maintaining index to calculate the temperature Rockfish Reallocation in the Individual protection for Endangered Species Act- parameter of the Pacific sardine harvest Fishing Quota Fishery listed whales in the South Atlantic guideline control rule under the Fishery Legal Authority: 16 U.S.C. 1801 et seq. region. Management Plan. The harvest Abstract: In January 2011, NMFS Timetable: guideline control rule, in conjunction implemented the groundfish trawl rationalization program (a catch share Action Date FR Cite with the overfishing limit and acceptable biological catch control program) for the Pacific coast NPRM ...... 07/00/16 rules, is used to set annual harvest groundfish limited entry trawl fishery. levels for Pacific sardine. The The program was implemented through Regulatory Flexibility Analysis temperature parameter is calculated Amendments 20 and 21 to the Pacific Required: Yes. annually. NMFS determined that a new Coast Groundfish Fishery Management Agency Contact: Roy E. Crabtree, temperature index is more statistically Plan and the corresponding Regional Administrator, Southeast sound and this action will adopt that implementing regulations. Amendment
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20 established the trawl rationalization including creation of a Gulf of Maine of sablefish Individual Fishing Quota program, which includes an Individual cod sub-annual catch limit, adjusting onto fewer vessels. Fishing Quota program for limited entry the Gulf of Maine Gear Restricted Area Timetable: trawl participants, and Amendment 21 boundary to align with the inshore/ established fixed allocations for limited offshore boundary, and creating Action Date FR Cite entry trawl participants. During declaration time periods for fishing in NPRM ...... 07/00/16 implementation of the trawl individual the inshore or offshore areas; and fishing quota program, widow rockfish establishing a Redfish Exemption Area, Regulatory Flexibility Analysis was overfished and the initial in which vessels could fish with a Required: Yes. allocations were based on its overfished smaller mesh net than the standard Agency Contact: James Balsiger, status and management as a non-target mesh size, targeting redfish. Regional Administrator, Alaska Region, species. NMFS declared the widow Timetable: Department of Commerce, National rockfish rebuilt in 2011 and, Action Date FR Cite Oceanic and Atmospheric accordingly, the Pacific Fishery Administration, 709 West Ninth Street, Management Council has now NPRM ...... 07/00/16 Juneau, AK 99801, Phone: 907 586– recommended actions to manage the 7221, Fax: 907 586–7465, Email: increased abundance of widow rockfish. Regulatory Flexibility Analysis [email protected]. The action would reallocate individual Required: Yes. RIN: 0648–BF42 fishing quota widow rockfish quota Agency Contact: John K. Bullard, 38. • Atlantic Highly Migratory share to facilitate directed harvest and Regional Administrator, Greater Atlantic would lift the moratorium on widow Species; Atlantic Blacknose Shark Region, Department of Commerce, Commercial Retention Limit rockfish quota share trading. National Oceanic and Atmospheric Timetable: Administration, 55 Great Republic Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq. Action Date FR Cite Drive, Gloucester, MA 01930, Phone: 978 281–9287, Email: john.bullard@ Abstract: This rule would evaluate the management measures for blacknose NPRM ...... 12/00/16 noaa.gov. RIN: 0648–BF26 sharks in the Atlantic region. It would consider, among other things, a range of Regulatory Flexibility Analysis 37. • Allow The Use of Longline Pot Required: Yes. commercial management measures in Gear in the Gulf of Alaska Sablefish both directed and incidental shark Agency Contact: William Stelle Jr., Individual Fishing Quota Fishery Regional Administrator, West Coast fisheries including, but not limited to, Region, Department of Commerce, Legal Authority: 16 U.S.C. 1801 et retention limits. In addition, this action National Oceanic and Atmospheric seq.; 16 U.S.C. 773 et seq. would address commercial retention Administration, 7600 Sand Point Way Abstract: This action would amend limits to help prevent early closures of Northeast, Building 1, Seattle, WA Federal regulations to allow fishermen the non-blacknose small coastal shark 98115, Phone: 206 526–6150, Email: to use longline pot gear to harvest management group and fully utilize the [email protected]. sablefish in the Gulf of Alaska quota. RIN: 0648–BF12 Individual Fishing Quota fishery. Hook- Timetable: and-line gear is currently the only 36. Amendment 18 to the Northeast authorized gear type in the sablefish Action Date FR Cite Multispecies Fishery Management Plan Individual Fishing Quota fishery. The NPRM ...... 09/00/16 (Section 610 Review) action would authorize Individual Legal Authority: 16 U.S.C. 1801 et seq. Fishing Quota fishermen to use either Regulatory Flexibility Analysis Abstract: Amendment 18 to the longline pot gear or hook-and-line gear Required: Yes. Northeast Multispecies Fishery in the sablefish Individual Fishing Agency Contact: Alan Risenhoover, Management Plan would make Quota fishery. Some fishermen would Director, Office of Sustainable Fisheries, necessary minor administrative like to use longline pot gear because it Department of Commerce, National adjustments to several groundfish is less prone to whale interactions than Oceanic and Atmospheric sectors, as well as minor adjustments to hook-and-line gear. Whales can remove Administration, Room 13362, 1315 East- fishing activity designed to protect sablefish from hook-and-line gear, West Highway, Silver Spring, MD fishery resources while maximizing which reduces fishing efficiency and 20910, Phone: 301 713–2334, Fax: 301 flexibility and efficiency. Specifically, it increases costs for sablefish Individual 713–0596, Email: alan.risenhoover@ would include the following Fishing Quota fishermen because the noaa.gov. management measures: Creating an whale interactions damage hook-and- RIN: 0648–BF49 accumulation limit for either the line gear and reduce sablefish catch • holdings of Potential Sector rates. However, whales cannot remove 39. Amendment 113 to the FMP for Contribution or of Northeast sablefish from longline pot gear, and the Groundfish of the BSAI Management multispecies permits; creating a sub- action to authorize longline pot gear in Area to Establish a Catcher Vessel annual catch limit that Handgear A the sablefish Individual Fishing Quota Fishing Period and Shoreside permits could enroll in and other fishery is intended to reduce fishery Processing Delivery Requirements for measures pertaining to fishing with interactions with whales and reduce the Aleutian Islands Pacific Cod Handgear A permits; adjusting what negative impacts of whale interactions Legal Authority: 16 U.S.C. 1801 et seq. fishery data are considered confidential, on the sablefish Individual Fishing Abstract: This rule would restrict specifically the price of annual catch Quota fleet. The action would establish participation in the Aleutian Islands entitlement transferred within a sector management measures to minimize Pacific cod fishery. This action is or leased between sectors; establishing conflicts between hook-and-line and necessary to provide stability to catcher an inshore/offshore boundary within the longline pot gear on the fishing grounds vessels that participate in the Aleutian Gulf of Maine with associated measures, and to prevent significant consolidation Islands Pacific cod fishery and the
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shoreside processors to which they increase the chance the recreational 42. • Amendment 19 to the Atlantic Sea deliver, and to the communities in annual catch limit will be landed and Scallop Fishery Management Plan which these processors are located. ensure that optimum yield is being (FMP) Specifically, this rule would establish achieved. Legal Authority: 16 U.S.C. 1801 et seq. catch limits for Pacific cod in the Timetable: Abstract: Amendment 19 would Aleutian Islands and the Bering Sea. incorporate a specifications process into The revised allocation is intended to Action Date FR Cite the Atlantic Sea Scallop Fishery provide catcher vessels with a sufficient NPRM ...... 08/00/16 Management Plan and change the start opportunity to harvest Pacific cod in an of the fishing year. Developing inshore fishery by restricting specifications to set annual or biennial participation in the fisheries by catcher Regulatory Flexibility Analysis Required: Yes. allocations will allow for a more processors that can harvest significantly efficient process for setting annual Agency Contact: Roy E. Crabtree, larger volumes of Pacific cod further allocations than currently possible Regional Administrator, Southeast offshore. This rule may include through framework adjustments. By Region, Department of Commerce, provisions to relieve the restrictions on adjusting the start of the scallop fishing National Oceanic and Atmospheric catcher processor participation if year, NMFS would be able to implement Administration, 263 13th Avenue catcher vessels would not be able to simple specifications actions at the start South, St. Petersburg, FL 33701, Phone: harvest the allocation or Aleutian of the fishing year on a more consistent 727 824–5305, Fax: 727 824–5308, Islands shoreside processors would not basis. be able to process catcher vessel Email: [email protected]. Timetable: harvests of Pacific cod. RIN: 0648–BF61 Timetable: 41. • Specification of Management Action Date FR Cite Measures for Atlantic Herring for the NPRM ...... 07/00/16 Action Date FR Cite 2016–2018 Fishing Years NPRM ...... 07/00/16 Legal Authority: 16 U.S.C. 1801 et seq. Regulatory Flexibility Analysis Abstract: The Atlantic herring fishery Required: Yes. Regulatory Flexibility Analysis specifications are annual catch amounts Agency Contact: John K. Bullard, Required: Yes. for the 2016–2018 fishing years, Regional Administrator, Greater Atlantic Agency Contact: James Balsiger, January-December. These specifications Region, Department of Commerce, Regional Administrator, Alaska Region, are required by regulation to be set for National Oceanic and Atmospheric Department of Commerce, National 3 years. If implemented, these Administration, 55 Great Republic Oceanic and Atmospheric specifications will change the current Drive, Gloucester, MA 01930, Phone: Administration, 709 West Ninth Street, catch limit levels and will continue to 978 281–9287, Email: john.bullard@ Juneau, AK 99801, Phone: 907 586– prevent overfishing of the herring noaa.gov. 7221, Fax: 907 586–7465, Email: resource and achieve optimum yield. RIN: 0648–BF72 [email protected]. The catch limits established in these 43. • Amendment 17A to the Fishery RIN: 0648–BF54 specifications set a constant catch Management Plan for the Shrimp 40. • Regulatory Amendment 25 to the amount available to the industry that Fishery of the Gulf of Mexico, U.S. Fishery Management Plan for the provides a stable allowable catch for 3- Waters year business planning purposes. In Snapper-Grouper Fishery of the South Legal Authority: 16 U.S.C. 1801 et seq. Atlantic Region addition, the specifications add catch Abstract: This rule would implement that was not caught under last year’s Legal Authority: 16 U.S.C. 1801 et seq. the Gulf of Mexico Fishery Management catch limit for one management area Council’s decision to extend the Abstract: This rule proposes and reduce catch that exceeded the management changes recommended by Council-imposed moratorium on new catch limits set in other management federal commercial shrimp permits for the South Atlantic Fishery Management areas. Finally, the specifications set Council to blueline tilefish, yellowtail 10 years. The moratorium began in 2006 annual gear-specific and area-specific and will expire in 2016 if no action is snapper, and black sea bass in the South catch caps for river herring and shad, Atlantic Region. This rule would taken. This action is necessary to protect consistent with Framework Adjustment federally managed Gulf of Mexico increase the annual catch limit and 3 to the Atlantic Herring Fishery optimum yield for blueline tilefish shrimp stocks while promoting catch Management Plan. efficiency, economic efficiency and based on a new acceptable biological Timetable: catch recommendation from the South stability. Timetable: Atlantic Council’s Scientific and Action Date FR Cite Statistical Committee. This action also Action Date FR Cite proposes an increase to the current NPRM ...... 07/00/16 commercial trip limit and changing the NPRM ...... 07/00/16 recreational bag limit for blueline Regulatory Flexibility Analysis tilefish. Currently, the fishing year for Required: Yes. Regulatory Flexibility Analysis yellowtail snapper is based on the Agency Contact: John K. Bullard, Required: Yes. calendar year. This rule proposes a Regional Administrator, Greater Atlantic Agency Contact: Roy E. Crabtree, summer/early fall start date of the Region, Department of Commerce, Regional Administrator, Southeast fishing year to protect the yellowtail National Oceanic and Atmospheric Region, Department of Commerce, snapper stock during the spawning Administration, 55 Great Republic National Oceanic and Atmospheric season and provide economic benefits Drive, Gloucester, MA 01930, Phone: Administration, 263 13th Avenue for commercial fishermen. Lastly, this 978 281–9287, Email: john.bullard@ South, St. Petersburg, FL 33701, Phone: rule proposes an increase to the black noaa.gov. 727 824–5305, Fax: 727 824–5308, sea bass recreational bag limit to RIN: 0648–BF64 Email: [email protected].
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RIN: 0648–BF77 46. • Amendment 103 to the Fishery Abstract: This action, developed by • Management Plan for Groundfish of the the New England Fishery Management 44. Framework Amendment 1 to the Gulf of Alaska To Reapportion Chinook Council, includes skate fishery Dolphin and Wahoo Fishery Salmon Prohibited Catch in the Gulf of specifications for the 2016–2017 fishing Management Plan of the Atlantic Alaska Trawl Fisheries years, and a new seasonal quota Legal Authority: 16 U.S.C. 1801 et seq. Legal Authority: 16 U.S.C. 1801 et allocation in the skate wing fishery. In summary, the Council proposes: An Abstract: Dolphin Wahoo 1 would seq.; 16 U.S.C. 3631 et seq.; 16 U.S.C. 773 et seq.; Pub. L. 08–199 annual catch limit for skate of 31,081 establish a commercial trip limit after a Abstract: This action would allow metric tons, an overall total allowable specified percentage of the commercial NMFS to reapportion unused Chinook landings of 12,590 metric tons, status sector annual catch limit has been salmon prohibited species catch within quo possession limits for the skate wing reached and would continue until the and between trawl sectors in the Gulf of and bait fisheries, the addition of a end of the fishing year or until the entire Alaska groundfish fisheries to reduce seasonal quota allocation, and NMFS commercial annual catch limit is met, the potential for early fishery closures. authority to close the fishery in-season whichever comes first. Amendments 93 and 97 to the Fishery if the seasonal quota is reached. Timetable: Management Plan for Groundfish of the Timetable: Gulf of Alaska and implementing Action Date FR Cite regulations established Chinook salmon Action Date FR Cite prohibited species catch limits for NPRM ...... 10/00/16 NPRM ...... 07/00/16 pollock and non-pollock trawl fisheries. If a sector reaches a prohibited species Regulatory Flexibility Analysis catch limit, the fishery is closed for the Regulatory Flexibility Analysis Required: No. remainder of the fishing year currently, Required: Yes. Agency Contact: John K. Bullard, the fishery management plan and Regional Administrator, Greater Atlantic Agency Contact: Roy E. Crabtree, regulations do not allow NMFS to Region, Department of Commerce, Regional Administrator, Southeast reapportion unused Chinook salmon National Oceanic and Atmospheric Region, Department of Commerce, prohibited species catch among trawl Administration, 55 Great Republic National Oceanic and Atmospheric sectors. Specifically, this action would: Drive, Gloucester, MA 01930, Phone: Administration, 263 13th Avenue Allow NMFS to reapportion remaining 978 281–9287, Email: john.bullard@ South, St. Petersburg, FL 33701, Phone: Chinook salmon prohibited species noaa.gov. 727 824–5305, Fax: 727 824–5308, catch among trawl catcher vessel sectors RIN: 0648–BF87 Email: [email protected]. and from the trawl catcher/processor RIN: 0648–BF81 sector to trawl catcher vessel sectors 48. • 2016–2018 Spiny Dogfish Fishery based on criteria established for Specifications • 45. Omnibus Essential Fish Habitat inseason reapportionments and within Amendment 2 Legal Authority: 16 U.S.C. 1801 et seq. specified limits; increase management Abstract: The proposed action flexibility without exceeding the current Legal Authority: 16 U.S.C. 1801 et seq. includes spiny dogfish fishery overall 32,500 Chinook salmon Abstract: This rulemaking would specifications for the 2016–2018 fishing prohibited species catch limit or years, as recommended by the Mid- update the essential fish habitat and negating the current prohibited species Atlantic and New England Fishery habitat areas of particular concern catch limits under Amendments 93 and Management Councils. In summary, the designation for all of the New England 97; and increase the likelihood that Councils propose: spiny dogfish annual Fishery Management Council’s managed groundfish resources are more fully catch limits of 51.9 million lb for 2016, species. This rule will also propose harvested, and minimize the adverse 50.7 million lb for 2017, and 49.8 revisions to the system of habitat socioeconomic impacts of the fishery million lb for 2018 (decreases from 62.3 management areas, update groundfish closures on harvesters, processors, and million lb in 2015); coastwide seasonal spawning closures, and communities. commercial quotas of 40.4 million lb for Timetable: establish Dedicated Habitat Research 2016, 39.1 million lb for 2017, and 38.2 Areas. Action Date FR Cite million lb for 2018 (decreases from 50.6 Timetable: million lb in 2015); and spiny dogfish NPRM ...... 07/00/16 trip limits of 5,000 lb (status quo). Action Date FR Cite Timetable: Regulatory Flexibility Analysis NPRM ...... 11/00/16 Required: Yes. Action Date FR Cite Agency Contact: James Balsiger, NPRM ...... 07/00/16 Regulatory Flexibility Analysis Regional Administrator, Alaska Region, Required: Yes. Department of Commerce, National Oceanic and Atmospheric Regulatory Flexibility Analysis Agency Contact: John K. Bullard, Administration, 709 West Ninth Street, Required: Yes. Regional Administrator, Greater Atlantic Juneau, AK 99801, Phone: 907 586– Agency Contact: John K. Bullard, Region, Department of Commerce, 7221, Fax: 907 586–7465, Email: Regional Administrator, Greater Atlantic National Oceanic and Atmospheric [email protected]. Region, Department of Commerce, Administration, 55 Great Republic RIN: 0648–BF84 National Oceanic and Atmospheric Drive, Gloucester, MA 01930, Phone: Administration, 55 Great Republic 47. • Framework Adjustment 3 to the 978 281–9287, Email: john.bullard@ Drive, Gloucester, MA 01930, Phone: Northeast Skate Complex Fishery noaa.gov. 978 281–9287, Email: john.bullard@ Management Plan noaa.gov. RIN: 0648–BF82 Legal Authority: 16 U.S.C. 1801 et seq. RIN: 0648–BF88
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49. • 2016 Summer Flounder, Scup, Timetable: Administration, 263 13th Avenue and Black Sea Bass Recreational South, St. Petersburg, FL 33701, Phone: Harvest Measures (Section 610 Review) Action Date FR Cite 727 824–5305, Fax: 727 824–5308, Legal Authority: 16 U.S.C. 1801 et seq. Email: [email protected]. Notice ...... 04/23/12 77 FR 24161 RIN: 0648–BD25 Abstract: This rule would propose Notice ...... 06/08/12 77 FR 34025 management measures such as NPRM ...... 08/21/13 78 FR 52032 52. Amendment 28 to the Fishery recreational possession limits, NPRM Comment 09/18/13 78 FR 57340 Management Plan for the Reef Fish minimum fish sizes, and seasonal Period Ex- Resources of the Gulf of Mexico closures to achieve recreational harvest tended. (Section 610 Review) limits for the 2016 summer flounder, Public Hearing ..... 11/05/13 78 FR 66327 NPRM Comment 12/11/13 78 FR 75327 Legal Authority: 16 U.S.C. 1801 et seq. scup, and black sea bass recreational Abstract: NMFS proposed to fisheries. The recreational harvest limits Period Re- opened. implement management measures as for these species have been established Public Hearing ..... 12/26/13 78 FR 78322 requested by the Gulf of Mexico Fishery in a separate rulemaking. This rule Final Rule ...... 12/02/14 79 FR 71509 Management Council in Amendment 28 proposes the management measures the Notice of Public 12/16/14 79 FR 74652 to the Fishery Management Plan for the Council has recommended to help Webinars. Reef Fish Resources of the Gulf of ensure recreational harvest is Final Rule ...... 12/30/14 79 FR 78310 Mexico. The Council voted to reallocate Final Rule ...... 02/04/15 80 FR 5991 constrained to those harvest limits. This the Gulf of Mexico (Gulf) 2016 and 2017 rule will also propose modifications to Final Rule Effec- 02/04/15 tive. red snapper stock annual catch limit the commercial scup incidental between the commercial and possession limits to more closely align Notice ...... 05/07/15 80 FR 26196 Final Action— 12/00/16 recreational sectors from 51:49 percent with the current conditions of the Next Stage Un- to 48.5:51.5 percent, respectively. As a fishery. determined. result of the revised sector allocations Timetable: proposed in Amendment 28, this rule Regulatory Flexibility Analysis Action Date FR Cite would revise the red snapper Required: Yes. commercial and recreational quotas NPRM ...... 07/00/16 Agency Contact: Alan Risenhoover, (which are equivalent to the annual Director, Office of Sustainable Fisheries, catch limits) and the recreational annual Regulatory Flexibility Analysis Department of Commerce, National catch targets. This rule would also set Required: Yes. Oceanic and Atmospheric the Federal charter vessel/headboat and Agency Contact: John K. Bullard, Administration, Room 13362, 1315 East- private angling component quotas and Regional Administrator, Greater Atlantic West Highway, Silver Spring, MD annual catch targets based on the Region, Department of Commerce, 20910, Phone: 301 713–2334, Fax: 301 revised recreational sectors annual catch National Oceanic and Atmospheric 713–0596, Email: alan.risenhoover@ limit and annual catch target. Administration, 55 Great Republic noaa.gov. Timetable: Drive, Gloucester, MA 01930, Phone: RIN: 0648–BC09 978 281–9287, Email: john.bullard@ 51. Amendment 39 to the Fishery Action Date FR Cite noaa.gov. Management Plan for the Reef Fish RIN: 0648–BF89 Notice ...... 12/24/15 80 FR 80310 Resources of the Gulf of Mexico NPRM ...... 01/25/16 81 FR 4010 Legal Authority: 16 U.S.C. 1801 et seq. NPRM Comment 03/10/16 Abstract: The purpose of this action is Period End. DEPARTMENT OF COMMERCE (DOC) to facilitate management of the Final Action ...... 07/00/16 recreational red snapper component in National Oceanic and Atmospheric the reef fish fishery by reorganizing the Regulatory Flexibility Analysis Administration (NOAA) federal fishery management strategy to Required: Yes. Agency Contact: Roy E. Crabtree, Final Rule Stage better account for biological, social, and Regional Administrator, Southeast economic differences among the regions National Marine Fisheries Service Region, Department of Commerce, of the Gulf of Mexico. Regional National Oceanic and Atmospheric 50. Amendment 7 to the 2006 management would enable regions and Administration, 263 13th Avenue Consolidated Highly Migratory Species their associated communities to specify South, St. Petersburg, FL 33701, Phone: Fishery Management Plan the optimal management parameters 727 824–5305, Fax: 727 824–5308, that best meet the needs of their local Legal Authority: 16 U.S.C. 1801 et Email: [email protected]. constituents thereby addressing regional seq.; 16 U.S.C. 971 et seq. RIN: 0648–BD68 Abstract: Amendment 7 focused on socio-economic concerns. bluefin tuna fishery management issues Timetable: 53. Amendment 35 to the Fishery consistent with the need to end Management Plan for the Snapper overfishing and rebuild the stock. Action Date FR Cite Grouper Fishery of the South Atlantic Region Measures in Amendment 7 addressed Notice ...... 05/13/13 78 FR 27956 several of the longstanding challenges Next Stage Unde- 12/00/16 Legal Authority: 16 U.S.C. 1801 et seq. facing the fishery and analyzed, among termined. Abstract: Amendment 35 would other things, revisiting quota consider removing black snapper, dog allocations; reducing and accounting for Regulatory Flexibility Analysis snapper, mahogany snapper, and dead discards; adding or modifying Required: Yes. schoolmaster from the Fishery time/area closures or gear-restricted Agency Contact: Roy E. Crabtree, Management Plan for the Snapper- areas; and improving the reporting and Regional Administrator, Southeast Grouper Fishery of the South Atlantic monitoring of dead discards and Region, Department of Commerce, Region because these species have landings in all categories. National Oceanic and Atmospheric extremely low commercial landings in
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state and Federal waters. Almost all refinanced reduction fisheries. If a reducing the costs of participating in the harvest (recreational and commercial) referendum in one, two, or all three of groundfish and halibut Community occurs in South Florida, and the Florida the fisheries is successful, that fishery’s Development Quota fisheries. Fish and Wildlife Conservation current loan will be repaid in full and Timetable: Commission has agreed that if the four a new loan in the amount of the species are removed from the Fishery principal and interest balance as of the Action Date FR Cite Management Plan for the Snapper- date of funding will be issued. The Notice ...... 01/21/16 81 FR 3374 Grouper Fishery of the South Atlantic terms were prescribed in the 2015 NPRM ...... 02/08/16 81 FR 6489 Region they will extend state National Defense Authorization Act and NPRM Comment 03/09/16 regulations for those species into include a 45-year term to maturity, Period End. Federal waters. Additionally, the South interest charged at a current Treasury Final Action ...... 07/00/16 Atlantic Fishery Management Council interest rate, and a maximum repayment (Council) desires consistent regulations fee of 3 percent of ex-vessel value. Regulatory Flexibility Analysis for snapper-grouper species caught Timetable: Required: Yes. primarily in South Florida. Removing Agency Contact: James Balsiger, the four subject species would establish Action Date FR Cite Regional Administrator, Alaska Region, a consistent regulatory environment in Department of Commerce, National Federal and state waters off southern NPRM ...... 08/07/15 80 FR 46941 Oceanic and Atmospheric Florida where they are most frequently NPRM Comment 09/08/15 Administration, 709 West Ninth Street, encountered. Amendment 35 would Period End. Juneau, AK 99801, Phone: 907 586– Final Action ...... 12/00/16 also clarify, in accordance with the 7221, Fax: 907 586–7465, Email: Council’s intent, regulations governing [email protected]. Regulatory Flexibility Analysis use of golden tilefish longline RIN: 0648–BF05 Required: Yes. endorsements. 56. Magnuson-Stevens Fisheries Timetable: Agency Contact: Brian Pawlak, Department of Commerce, National Conservation and Management Act; Action Date FR Cite Oceanic and Atmospheric Seafood Import Monitoring Program Administration, 1315 East-West Legal Authority: 16 U.S.C. 1857 Notice ...... 02/05/16 81 FR 6222 Highway, Silver Spring, MD 20910, Abstract: On March 15, 2015, the NPRM ...... 03/04/16 81 FR 11502 Phone: 301 427–8621, Email: Presidential Task Force on Combating NPRM Comment 04/04/16 [email protected]. Illegal, Unreported, and Unregulated Period End. RIN: 0648–BE90 Fishing and Seafood Fraud (Task Force), Final Action ...... 07/00/16 55. Amendment 109 to the Fishery co-chaired by the Departments of Regulatory Flexibility Analysis Management Plan for Groundfish of the Commerce and State, published its action plan to implement Task Force Required: Yes. Bsai To Facilitate Development of recommendations for a comprehensive Agency Contact: Roy E. Crabtree, Groundfish Fisheries for Small Vessels framework of integrated programs to Regional Administrator, Southeast in the Western Alaska Community combat illegal, unreported, and Region, Department of Commerce, Development Quota Program National Oceanic and Atmospheric unregulated fishing and seafood fraud. Administration, 263 13th Avenue Legal Authority: 16 U.S.C. 1801 et seq. The plan identifies actions that will South, St. Petersburg, FL 33701, Phone: Abstract: This action would amend strengthen enforcement, create and 727 824–5305, Fax: 727 824–5308, the Fishery Management Plan for expand partnerships with state and Email: [email protected]. Groundfish of the Bering Sea and local governments, industry, and non- RIN: 0648–BE70 Aleutian Islands Management Area and governmental organizations, and create revise regulations governing the a traceability program to track seafood 54. Pacific Coast Groundfish Fishing groundfish and halibut fisheries from harvest to entry into U.S. Capacity Reduction Loan Refinance managed under the Western Alaska commerce, including the use of existing (Section 610 Review) Community Development Quota traceability mechanisms. As part of that Legal Authority: 16 U.S.C. 1801 et Program in order to support increased plan, NMFS proposes regulatory seq.; 16 U.S.C. 1861 et seq.; 5 U.S.C. 561 participation in the groundfish changes to improve the administration et seq. Community Development Quota of the MSA prohibition on the entry into Abstract: The National Marine fisheries (primarily Pacific cod) by interstate or foreign commerce of any Fisheries Service (NMFS) issued catcher vessels less than or equal to 46 fish taken in violation of any foreign law proposed regulations to refinance the feet (14.0 m) length overall using hook- or regulation. The rule includes voluntary fishing capacity reduction and-line gear. This action is necessary to adjustments to permitting and reporting loan program implemented in 2004 in promote the goals of the Community requirements to provide for traceability the Pacific Coast groundfish Federal Development Quota Program, to of seafood products offered for entry limited-entry trawl, Washington coastal increase participation by residents of into the U.S. supply chain, and to Dungeness crab, and California pink Community Development Quota ensure that these products were shrimp fisheries (collectively known communities in the Bering Sea and lawfully acquired and are properly hereafter as the refinanced reduction Aleutian Islands Management Area labeled. Requirements for an fisheries). The refinance loan of up to groundfish and halibut fisheries, and to international trade permit and reporting $30 million could establish a new support economic development in on the origin of certain imported or industry fee system for future landings western Alaska. This action would exported fishery products were of the refinanced reduction fisheries. benefit the six Community Development previously established by regulations Upon publishing a final rule and receipt Quota groups and the operators of the applicable to a number of specified of an appropriation, NMFS would small catcher vessels that the fishery products. This rulemaking conduct three referenda to refinance the Community Development Quota groups would extend those existing permitting existing debt obligation in each of the authorize to fish on their behalf by and reporting requirements to
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additional fish species and seafood National Oceanic and Atmospheric collection of cost recovery fees for products. Administration, 7600 Sand Point Way fishery management programs that issue Timetable: Northeast, Building 1, Seattle, WA a permit allocating exclusive harvest 98115, Phone: 206 526–6150, Email: privileges. Cost recovery fees recover Action Date FR Cite [email protected]. the actual costs directly related to the RIN: 0648–BF11 management, data collection, and NPRM ...... 02/05/16 81 FR 6210 enforcement of the programs. Permit NPRM Comment 04/05/16 58. Implementation of Salmon Bycatch Period End. Management Measures for the Bering holders are required to submit cost Final Action ...... 08/00/16 Sea Pollock Fishery recovery fee payments to NMFS annually. NMFS undertook a security Legal Authority: 16 U.S.C. 1801 et seq. review of the cost recovery fee payment Regulatory Flexibility Analysis Abstract: Regulatory Amendment 110 Required: Yes. process and developed the rule to would make substantive changes to the improve security procedures for Agency Contact: John Henderschedt, management of salmon bycatch in the Director, Office for International Affairs protecting sensitive financial Bering Sea pollock fishery to minimize information and to reduce costs and Seafood Inspection, Department of salmon bycatch in the pollock fishery to Commerce, National Oceanic and associated with administering the cost the extent practicable. Currently, recovery programs. The proposed rule Atmospheric Administration, 1315 East Chinook and chum salmon bycatch are West Highway, Room 10362, Silver eliminated manual processing of credit managed under two different programs, card information and required use of the Spring, MD 20910, Phone: 301 427– which have led to inefficiencies and do 8314, Email: john.henderschedt@ Federal government’s online payment not allow the pollock fishery the system, pay.gov, for permit holders noaa.gov. flexibility to modify their harvest RIN: 0648–BF09 paying by credit card. The proposed patterns and practices to effectively rule also eliminated payments by paper 57. Process for Divestiture of Excess minimize both Chinook and chum check or money order and require the Quota Shares (Section 610 Review) salmon bycatch. This regulation would use of pay.gov beginning in 2020. The make salmon bycatch management more Legal Authority: 16 U.S.C. 1801 et seq. rule is expected to reduce the effective, comprehensive, and efficient Abstract: In January 2011, the administrative costs of processing fee by increasing flexibility to respond to National Marine Fisheries Service payments, and this reduction in costs changing conditions and providing implemented the groundfish trawl would reduce the total amount of cost greater incentives to reduce bycatch of rationalization program (a catch share recovery fees collected from participants both salmon species. This regulation program) for the Pacific coast in the halibut, sablefish, and crab catch would provide the flexibility to harvest groundfish limited entry trawl fishery. share programs. pollock in times and places that best The program was implemented through Timetable: achieve salmon avoidance and to adapt Amendments 20 and 21 to the Pacific to changing conditions quickly. Action Date FR Cite Coast Groundfish Fishery Management Timetable: Plan and the corresponding NPRM ...... 12/31/15 80 FR 81798 implementing regulations. Amendment Action Date FR Cite NPRM Comment 02/01/16 20 established the trawl rationalization Period End. program, which includes an Individual Notice ...... 01/08/16 81 FR 897 Final Action ...... 07/00/16 Fishing Quota program for limited entry NPRM ...... 02/03/16 81 FR 5681 trawl participants, and Amendment 21 NPRM Comment 03/04/16 Regulatory Flexibility Analysis established fixed allocations for limited Period End. Final Action ...... 07/00/16 Required: Yes. entry trawl participants, with limits on Agency Contact: James Balsiger, how much quota each participant can Regulatory Flexibility Analysis Regional Administrator, Alaska Region, accumulate. Under current regulations, Required: Yes. Department of Commerce, National quota share owners must divest quota Agency Contact: James Balsiger, Oceanic and Atmospheric shareholdings that exceed individual Regional Administrator, Alaska Region, Administration, 709 West Ninth Street, accumulation limits by November 30, Department of Commerce, National Juneau, AK 99801, Phone: 907 586– 2015. This action makes minor Oceanic and Atmospheric 7221, Fax: 907 586–7465, Email: procedural modifications to the program Administration, 709 West Ninth Street, [email protected]. regulations to clarify how divestiture of Juneau, AK 99801, Phone: 907 586– RIN: 0648–BF35 excess quota share could occur. 7221, Fax: 907 586–7465, Email: • Timetable: 60. Amendment 102 to the Fishery [email protected]. Management Plan for Groundfish of the RIN: 0648–BF25 Action Date FR Cite Gulf of Alaska • 59. Cost Recovery Authorized Legal Authority: 16 U.S.C. 1801 et seq. NPRM ...... 09/02/15 80 FR 53088 Payment Methods Abstract: This rule would modify the NPRM Comment 10/02/15 Period End. Legal Authority: 16 U.S.C. 1862; 16 basis for NMFS to place small catcher/ Final Rule Effec- 11/04/15 U.S.C. 773; Pub. L. 108–447; Pub. L. processors in partial coverage in the tive. 109–241; Pub. L. 109–479; Pub. L. 111– North Pacific Groundfish and Halibut Final Rule ...... 11/10/15 80 FR 69138 281 Observer Program (Observer Program). Final Action ...... 10/00/16 Abstract: This rule would amend Under this action, NMFS would classify authorized payment methods in existing a catcher/processor as small and eligible Regulatory Flexibility Analysis cost recovery fee programs for the for partial coverage for one year based Required: Yes. halibut, sablefish, and crab catch share on whether the catcher/processor had Agency Contact: William Stelle Jr., programs. The Magnuson-Stevens an average weekly production less than Regional Administrator, West Coast Fishery Conservation and Management a specified threshold. This action would Region, Department of Commerce, Act authorizes and requires the decrease the cost of observer coverage
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for catcher/processors that process small Agency Contact: John K. Bullard, processes for implementing inseason amounts of groundfish relative to the Regional Administrator, Greater Atlantic actions and sport fishery closures. rest of the fleet. Approximately nine Region, Department of Commerce, Timetable: vessels could be affected by this action National Oceanic and Atmospheric and we expect all newly qualified Administration, 55 Great Republic Action Date FR Cite vessels would choose to participate in Drive, Gloucester, MA 01930, Phone: partial coverage for the upcoming 978 281–9287, Email: john.bullard@ NPRM ...... 02/19/16 81 FR 8466 fishing year. noaa.gov. NPRM Comment 03/10/16 Timetable: RIN: 0648–BF53 Period End. Final Action ...... 07/00/16 Action Date FR Cite 62. • Framework Adjustment 27 to the Atlantic Sea Scallop Fishery Notice ...... 12/17/15 80 FR 78705 Management Plan Regulatory Flexibility Analysis NPRM ...... 12/29/15 80 FR 81262 Required: Yes. Correction ...... 01/22/16 81 FR 3775 Legal Authority: 16 U.S.C. 1801 et seq. NPRM Comment 01/28/16 Abstract: The purpose of Framework Agency Contact: William Stelle Jr., Period End. 27 is to set management measures for Regional Administrator, West Coast Final Action ...... 07/00/16 the scallop fishery for the 2016 fishing Region, Department of Commerce, year, including the annual catch limits National Oceanic and Atmospheric Regulatory Flexibility Analysis and annual catch targets for the limited Administration, 7600 Sand Point Way Required: Yes. access and limited access general Northeast, Building 1, Seattle, WA Agency Contact: James Balsiger, category fleets, as well as days-at-sea 98115, Phone: 206 526–6150, Email: Regional Administrator, Alaska Region, allocations and sea scallop access area [email protected]. Department of Commerce, National trip allocations. Allocations in the RIN: 0648–BF60 Oceanic and Atmospheric proposed rule were similar to or slightly Administration, 709 West Ninth Street, higher than previous years. In addition, 64. • Framework Action To Modify the Juneau, AK 99801, Phone: 907 586– Framework 27 would implement Gag Minimum Size Limits, Recreational 7221, Fax: 907 586–7465, Email: additional measures to protect small Season, and Black Grouper Minimum [email protected]. scallops for future harvest. Size Limits in the Gulf of Mexico RIN: 0648–BF36 Timetable: (Section 610 Review) 61. • 2016–2018 Specifications and Management Measures for the Atlantic Action Date FR Cite Legal Authority: 16 U.S.C. 1801 et seq. Mackerel, Squid, and Butterfish Fishery Abstract: The proposed framework Management Plan NPRM ...... 02/24/16 81 FR 9151 NPRM Comment 03/25/16 action modified the recreational Legal Authority: 16 U.S.C. 1801 et Period End. minimum size limit for gag and black seq. Final Action ...... 07/00/16 grouper from 22 inches total length Abstract: This action establishes catch (inches) to 24 inches. Additionally, the levels and associated management Regulatory Flexibility Analysis proposed action modified the gag measures for the 2016–2018 fishing Required: Yes. recreational fishing season from July 1 years for species managed under the Agency Contact: John K. Bullard, through December 2, to June 1 through Atlantic Mackerel, Squid, and Butterfish Regional Administrator, Greater Atlantic December 31. The intent is to extend the Fishery Management Plan. The Region, Department of Commerce, recreational fishing season. proposed rule: Lowered the Atlantic National Oceanic and Atmospheric Timetable: mackerel quota by 56 percent to 9,177 Administration, 55 Great Republic metric tons (mt) for the next three years; Drive, Gloucester, MA 01930, Phone: Action Date FR Cite lowered the cap on river herring and 978 281–9287, Email: john.bullard@ shad catch in the mackerel fishery from noaa.gov. NPRM ...... 03/03/16 81 FR 11166 89 mt to 82 mt for the next three years; RIN: 0648–BF59 NPRM Comment 04/04/16 increased the trigger for when 3-inch 63. • Revisions to the Pacific Halibut Period End. mesh is required for longfin squid- Final Action ...... 07/00/16 butterfish moratorium permits holders Catch Sharing Plan, Codified from 2,500 lb to 5,000 lb; clarified that Regulations, and Annual Management Regulatory Flexibility Analysis 5-inch (square or diamond) or greater Measures for 2016 and Beyond Required: Yes. strengtheners may be used outside the Legal Authority: 16 U.S.C. 773 et seq. 3-inch mesh to avoid breaking nets Abstract: This action is NMFS annual Agency Contact: Roy E. Crabtree, during large hauls; and suspended the rulemaking regarding halibut fishing on Regional Administrator, Southeast pre-trip notification system requirement the U.S. West Coast, implementing the Region, Department of Commerce, for longfin squid-butterfish moratorium Pacific Halibut Catch Sharing Plan National Oceanic and Atmospheric permit holders. (Plan). The Plan governs the allocation Administration, 263 13th Avenue Timetable: of the annual halibut quota for the West South, St. Petersburg, FL 33701, Phone: Coast fisheries, which is set by the 727 824–5305, Fax: 727 824–5308, Action Date FR Cite International Pacific Halibut Email: [email protected]. NPRM ...... 01/22/16 81 FR 3768 Commission and approved by NOAA RIN: 0648–BF70 NPRM Comment 02/22/16 Fisheries. For 2016 and beyond, the Period End. Pacific Fishery Management Council Final Action ...... 07/00/16 has recommended several minor changes to the portion of the Plan Regulatory Flexibility Analysis covering sport fishery seasons and Required: Yes. retention rules; and modifications to the
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DEPARTMENT OF COMMERCE (DOC) Fishery Management Plans being false killer whale distinct population developed for Puerto Rico and St. segment, pursuant to section 4 of the National Oceanic and Atmospheric Thomas/St. John, will replace the Spiny Endangered Species Act. Proposed Administration (NOAA) Lobster, Reef Fish, Coral and Queen critical habitat would be designated in Long-Term Actions Conch Fishery Management Plans the main Hawaiian islands. Timetable: National Marine Fisheries Service presently governing the commercial and recreational harvest in U.S. Caribbean 65. Comprehensive Fishery exclusive economic zone waters. Action Date FR Cite Management Plan for Puerto Rico Timetable: NPRM ...... 04/00/18 Legal Authority: 16 U.S.C. 1801 et seq. Action Date FR Cite Abstract: This comprehensive Puerto Regulatory Flexibility Analysis Rico Fishery Management Plan will NPRM ...... 09/00/17 Required: Yes. incorporate, and modify as needed, Agency Contact: Donna Wieting, federal fisheries management measures Regulatory Flexibility Analysis Phone: 301 427–8400. presently included in each of the Required: Yes. RIN: 0648–BC45 existing species-based U.S. Caribbean Agency Contact: Roy E. Crabtree, 69. Designation of Critical Habitat for Fishery Management Plans (Spiny Phone: 727 824–5305, Fax: 727 824– the Arctic Ringed Seal Lobster, Reef Fish, Coral, and Queen 5308, Email: [email protected]. Conch Fishery Management Plans) as RIN: 0648–BD33 Legal Authority: 16 U.S.C. 1531 et seq. those measures pertain to Puerto Rico Abstract: The National Marine exclusive economic zone waters. The 67. Comprehensive Fishery Fisheries Service published a final rule goal of this action is to create a Fishery Management Plan for St. Thomas/St. to list the Arctic ringed seal as a Management Plan tailored to the John threatened species under the specific fishery management needs of Legal Authority: 16 U.S.C. 1801 et seq. Endangered Species Act (ESA) in Puerto Rico. If approved, this new Abstract: This comprehensive St. December 2012. The ESA requires Puerto Rico Fishery Management Plan, Thomas/St. John Fishery Management designation of critical habitat at the time in conjunction with similar Plan will incorporate, and modify as a species is listed as threatened or comprehensive Fishery Management needed, federal fisheries management endangered, or within one year of listing Plans being developed for St. Croix and measures presently included in each of if critical habitat is not then St. Thomas/St. John, will replace the the existing species-based U.S. determinable. This rulemaking would Spiny Lobster, Reef Fish, Coral and Caribbean Fishery Management Plans designate critical habitat for the Arctic Queen Conch Fishery Management (Spiny Lobster, Reef Fish, Coral, and ringed seal. The critical habitat Plans presently governing the Queen Conch Fishery Management designation would be in the northern commercial and recreational harvest in Plans) as those measures pertain to St. Bering, Chukchi, and Beaufort seas U.S. Caribbean exclusive economic zone Thomas/St. John exclusive economic within the current range of the species. waters. zone waters. The goal of this action is Timetable: Timetable: to create a Fishery Management Plan tailored to the specific fishery Action Date FR Cite Action Date FR Cite management needs of St. Thomas/St. John. If approved, this new St. Thomas/ NPRM ...... 12/03/14 79 FR 71714 NPRM ...... 09/00/17 St. John Fishery Management Plan, in Proposed Rule .... 12/09/14 79 FR 73010 Notice of Public 01/13/15 80 FR 1618 conjunction with similar comprehensive Regulatory Flexibility Analysis Hearings. Fishery Management Plans being Required: Yes. Comment Period 02/02/15 80 FR 5498 Agency Contact: Roy E. Crabtree, developed for St. Croix and Puerto Rico, Extended. Phone: 727 824–5305, Fax: 727 824– will replace the Spiny Lobster, Reef Final Action ...... To Be Determined 5308, Email: [email protected]. Fish, Coral and Queen Conch Fishery RIN: 0648–BD32 Management Plans presently governing the commercial and recreational harvest Regulatory Flexibility Analysis 66. Comprehensive Fishery in U.S. Caribbean exclusive economic Required: Yes. Management Plan for St. Croix zone waters. Agency Contact: Donna Wieting, Legal Authority: 16 U.S.C. 1801 et seq. Timetable: Phone: 301 427–8400. Abstract: This comprehensive St. RIN: 0648–BC56 Croix Fishery Management Plan will Action Date FR Cite incorporate, and modify as needed, NPRM ...... 09/00/17 federal fisheries management measures DEPARTMENT OF COMMERCE (DOC) presently included in each of the Regulatory Flexibility Analysis existing species-based U.S. Caribbean National Oceanic and Atmospheric Required: Yes. Administration (NOAA) Fishery Management Plans (Spiny Agency Contact: Roy E. Crabtree, Lobster, Reef Fish, Coral, and Queen Phone: 727 824–5305, Fax: 727 824– Completed Actions Conch Fishery Management Plans) as 5308, Email: [email protected]. 70. Fishery Management Plan for those measures pertain to St. Croix RIN: 0648–BD34 exclusive economic zone waters. The Regulating Offshore Marine goal of this action is to create a Fishery 68. Designate Critical Habitat for the Aquaculture in the Gulf of Mexico Management Plan tailored to the Hawaiian Insular False Killer Whale Legal Authority: 16 U.S.C. 1801 et seq. specific fishery management needs of Distinct Population Segment Abstract: The purpose of this fishery St. Croix. If approved, this new St. Croix Legal Authority: 16 U.S.C. 1531 et seq. management plan was to develop a Fishery Management Plan, in Abstract: This action would designate regional permitting process for conjunction with similar comprehensive critical habitat for the Hawaiian insular regulating and promoting
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environmentally sound and privilege programs, individual fishing Action Date FR Cite economically sustainable aquaculture in quotas, and sectors for the Atlantic the Gulf of Mexico exclusive economic shark fishery. Final Action Effec- 03/15/16 zone. This fishery management plan Timetable: tive. consisted of ten actions, each with an associated range of management Action Date FR Cite Regulatory Flexibility Analysis alternatives, which will facilitate the Required: Yes. permitting of an estimated 5 to 20 ANPRM ...... 09/20/10 75 FR 57235 Agency Contact: Alan Risenhoover, ANPRM Comment 01/14/11 offshore aquaculture operations in the Director, Office of Sustainable Fisheries, Period End. Department of Commerce, National Gulf of Mexico over the next 10 years, Notice ...... 05/27/14 79 FR 30064 with an estimated maximum annual Oceanic and Atmospheric NPRM ...... 01/20/15 80 FR 2648 Administration, Room 13362, 1315 East- production of up to 64 million pounds. Notice ...... 03/09/15 80 FR 12394 By establishing a regional permitting Final Action ...... 08/18/15 80 FR 50073 West Highway, Silver Spring, MD process for aquaculture, the Gulf of Final Action Effec- 08/18/15 20910, Phone: 301 713–2334, Fax: 301 Mexico Fishery Management Council tive. 713–0596, Email: alan.risenhoover@ will be positioned to achieve their noaa.gov. primary goal of increasing maximum Regulatory Flexibility Analysis RIN: 0648–BB02 sustainable yield and optimum yield of Required: Yes. 73. Implementation of the Inter- federal fisheries in the Gulf of Mexico Agency Contact: Alan Risenhoover, American Tropical Tuna Commission by supplementing harvest of wild Director, Office of Sustainable Fisheries, Resolution To Establish a Vessel caught species with cultured product. Department of Commerce, National Monitoring System Program in the This rulemaking outlined a regulatory Oceanic and Atmospheric Eastern Pacific Ocean Administration, Room 13362, 1315 East- permitting process for aquaculture in Legal Authority: 16 U.S.C. 1801 et the Gulf of Mexico, including: (1) West Highway, Silver Spring, MD 20910, Phone: 301 713–2334, Fax: 301 seq.; 16 U.S.C. 951 et seq. Required permits; (2) duration of Abstract: This rule implemented the 713–0596, Email: alan.risenhoover@ permits; (3) species allowed; (4) Inter-American Tropical Tuna noaa.gov. designation of sites for aquaculture; (5) Commission’s Resolution intended to RIN: 0648–BA17 reporting requirements; and (6) require owners and operators of tuna- regulations to aid in enforcement. 72. Implement the 2010 Shark fishing vessels to have installed, Timetable: Conservation Act Provisions and Other activate, carry and operate vessel Action Date FR Cite Regulations in the Atlantic monitoring system units (also known as Smoothhound Shark Fishery mobile transmitting units). This regulation applies to owners and Notice of Avail- 06/04/09 74 FR 26829 Legal Authority: 16 U.S.C. 1801 et seq. ability. operators of tuna-fishing vessels 24 Abstract: This rule implemented NPRM ...... 08/28/14 79 FR 26829 meters or more in length operating in Amendment 9 to the Atlantic shark and NPRM Comment 11/13/14 79 FR 67411 the eastern Pacific Ocean. The vessel smoothhound shark fisheries and the Period Re- monitoring system units have to be measures in Amendment 3 and the 2011 opened. type-approved and authorize the Inter- Final Action ...... 01/13/16 81 FR 1761 Highly Migratory Species trawl rule in American Tropical Tuna Commission Final Action Effec- 02/12/16 the Atlantic smoothhound shark fishery. and National Marine Fisheries Service tive. The rule fully implemented to receive and relay transmissions (also smoothhound shark quota measures as called position reports) from the vessel Regulatory Flexibility Analysis well as the Savings Clause of the Shark monitoring system unit. Vessel Required: Yes. Conservation Act. The Shark monitoring systems may enhance the Agency Contact: Roy E. Crabtree, Conservation Act included a provision safety of some vessels by allowing the Regional Administrator, Southeast that allows, under specific conditions, vessels location to be tracked, which Region, Department of Commerce, smooth dogfish sharks to be landed could assist in rescue efforts. This National Oceanic and Atmospheric without fins attached (versus the Shark regulation applies to commercial vessels Administration, 263 13th Avenue Conservation Act as a whole that only and not recreational or charter South, St. Petersburg, FL 33701, Phone: requires sharks to be landed with fins vessels. 727 824–5305, Fax: 727 824–5308, naturally attached). The final rule Timetable: Email: [email protected]. balanced this statutory provision that RIN: 0648–AS65 provides operating flexibility for smooth Action Date FR Cite 71. Atlantic Highly Migratory Species; dogfish fisherman with the need to Future of the Atlantic Shark Fishery ensure effective shark conservation and NPRM ...... 02/06/14 79 FR 7152 Legal Authority: 16 U.S.C. 1801 et management. The rule also made Correction ...... 02/25/14 79 FR 10465 Proposed Rule .... 05/19/15 80 FR 28572 seq.; 16 U.S.C. 971 et seq. changes to the shark gillnet vessel monitoring system requirement to aid Comment Period 06/18/15 Abstract: The National Marine End. Fisheries Service adjusted the the industry by limiting the scope of vessel monitoring systems. Final Action ...... 10/07/15 80 FR 60533 regulations governing the U.S. Atlantic Final Action Effec- 01/01/16 shark fishery to address current fishery Timetable: tive. issues and identify specific shark fishery goals for the future. This action Action Date FR Cite Regulatory Flexibility Analysis considered potential changes to the NPRM ...... 08/07/14 79 FR 46217 Required: Yes. quota and/or permit structure that are NPRM Comment 11/14/14 Agency Contact: William Stelle Jr., currently in place for the Atlantic shark Period End. Regional Administrator, West Coast fishery, and various catch share Final Action ...... 11/24/15 80 FR 73128 Region, Department of Commerce, programs such as limited access Final Rule ...... 12/18/15 80 FR 78969 National Oceanic and Atmospheric
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Administration, 7600 Sand Point Way Action Date FR Cite Department of Commerce, National Northeast, Building 1, Seattle, WA Oceanic and Atmospheric 98115, Phone: 206 526–6150, Email: Final Rule ...... 07/17/15 80 FR 42423 Administration, 709 West Ninth Street, [email protected]. Final Rule Correc- 08/04/15 80 FR 46205 Juneau, AK 99801, Phone: 907 586– RIN: 0648–BD54 tion. 7221, Fax: 907 586–7465, Email: Final Rule Effec- 08/17/15 [email protected]. tive. 74. Amendment 7 to the FMP for the RIN: 0648–BE05 Dolphin Wahoo Fishery of the Atlantic Final Rule Correc- 10/07/15 80 FR 60565 and Amendment 33 to the FMP for the tion. 77. Generic Accountability Measure Snapper-Grouper Fishery of the South Final Rule Effec- 10/07/15 and Dolphin Allocation Amendment for tive. Atlantic the South Atlantic Region Legal Authority: 16 U.S.C. 1801 et seq. Regulatory Flexibility Analysis Legal Authority: 16 U.S.C. 1801 et seq. Abstract: Dolphin Wahoo Required: Yes. Abstract: Amendment 34 and Amendment 7 and Snapper-Grouper Agency Contact: Roy E. Crabtree, Amendment 9 established modifications Amendment 33 allows recreational Regional Administrator, Southeast to accountability measures for snapper- fishermen to bring dolphin and wahoo Region, Department of Commerce, grouper species and golden crab to fillets from The Bahamas into the U.S. National Oceanic and Atmospheric create a more consistent regulatory waters and updated regulations that Administration, 263 13th Avenue environment while ensuring overfishing currently allow recreational fishermen South, St. Petersburg, FL 33701, Phone: does not occur. Amendment 8 modified to bring snapper-grouper fillets from the 727 824–5305, Fax: 727 824–5308, sector allocations for dolphin. Bahamas into U.S. waters. Email: [email protected]. Timetable: Timetable: RIN: 0648–BD81 Action Date FR Cite 76. Cost Recovery From Amendment Action Date FR Cite 80, CDQ Groundfish and Halibut, Notice ...... 07/15/15 80 FR 41472 Notice ...... 09/17/15 80 FR 55819 American Fisheries Act and Aleutian NPRM ...... 09/29/15 80 FR 58448 NPRM ...... 10/07/15 80 FR 60601 Islands Pollock, and the Freezer NPRM Comment 10/29/15 NPRM Comment 11/06/15 Longline Coalition Pacific Cod Fisheries Period End. Period End. Management Programs Final Action ...... 01/22/16 81 FR 3731 Final Action Effec- 02/22/16 Final Action ...... 12/28/15 80 FR 80686 Legal Authority: 16 U.S.C. 1801 et Final Action Effec- 01/27/16 tive. tive. seq.; Pub. L. 109–241; Pub. L. 109–479 Abstract: The National Marine Regulatory Flexibility Analysis Fisheries Service implemented a limited Regulatory Flexibility Analysis Required: Yes. access permit program cost recovery fee Required: No. Agency Contact: Roy E. Crabtree, Agency Contact: Roy E. Crabtree, for Amendment 80, Western Alaska Regional Administrator, Southeast Regional Administrator, Southeast Community Development Quota Region, Department of Commerce, Region, Department of Commerce, groundfish and halibut, American National Oceanic and Atmospheric National Oceanic and Atmospheric Fisheries Act and Aleutian Islands Administration, 263 13th Avenue Administration, 263 13th Avenue Pollock, and the Pacific Cod Freezer South, St. Petersburg, FL 33701, Phone: South, St. Petersburg, FL 33701, Phone: Longline Coalition fisheries 727 824–5305, Fax: 727 824–5308, 727 824–5305, Fax: 727 824–5308, management programs in the Bering Sea Email: [email protected]. Email: [email protected]. and Aleutian Islands. The purpose of RIN: 0648–BE38 this action was to comply with Section RIN: 0648–BD76 78. International Fisheries; Western 304(d) of the Magnuson-Stevens Act, and Central Pacific Fisheries for Highly 75. Amendment 8 to the Fishery which authorizes and requires the Migratory Species; Fishing Effort and Management Plan for Coral, Coral National Marine Fisheries Service to Catch Limits and Other Restrictions Reefs, and Live/Hard Bottom Habitats collect fees for limited access permit and Requirements of the South Atlantic Region programs and the Western Alaska Legal Authority: 16 U.S.C. 6901 et seq. Legal Authority: 16 U.S.C. 1801 et seq. Community Development Quota Abstract: This rule established a Abstract: Coral Amendment 8 program.The fees collected will be used framework under which the National modified the boundaries of the Oculina to recover the actual costs directly Marine Fisheries Service (NMFS) could Bank Habitat Area of Particular related to the management, data specify limits on fishing effort and Concern, the Stetson-Miami Terrace collection, and enforcement of these catches, as well as spatial and temporal Coral Habitat Area of Particular programs that are incurred by the restrictions on particular fishing Concern, and the Cape Lookout Coral National Marine Fisheries Service. activities, in U.S. fisheries for highly Habitat Area of Particular Concern to Timetable: migratory fish species in the western protect deepwater coral ecosystems. The Action Date FR Cite and central Pacific Ocean. NMFS will amendment also implemented a transit issue the specifications as needed to provision through the Oculina Bank NPRM ...... 01/07/15 80 FR 935 implement conservation and Habitat Area of Particular Concern for NPRM Comment 02/06/15 management measures adopted by the fishing vessels with rock shrimp Period End. Commission for the Conservation and onboard. Final Action ...... 01/05/16 81 FR 150 Management of Highly Migratory Fish Timetable: Final Action Effec- 02/04/16 tive. Stocks in the Western and Central Action Date FR Cite Pacific Ocean. The rule also requires Regulatory Flexibility Analysis that U.S. fishing vessels of a certain size Notice ...... 05/20/14 79 FR 28880 Required: Yes. obtain International Maritime NPRM ...... 06/03/14 79 FR 31907 Agency Contact: James Balsiger, Organizational numbers, and prohibits Correction ...... 07/01/14 79 FR 37269 Regional Administrator, Alaska Region, U.S. longline fishing vessels from using
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shark lines, which are used in some Agency Contact: James Balsiger, 81. Framework Amendment 3 to the fisheries to target sharks. This action Regional Administrator, Alaska Region, Fishery Management Plan for the was necessary for the United States to Department of Commerce, National Coastal Migratory Pelagic Resources of satisfy its obligations under the Oceanic and Atmospheric the Gulf of Mexico and Atlantic Region Convention on the Conservation and Administration, 709 West Ninth Street, Legal Authority: 16 U.S.C. 1801 et seq. Management of Highly Migratory Fish Juneau, AK 99801, Phone: 907 586– Abstract: This rule modified trip Stocks in the Western and Central 7221, Fax: 907 586–7465, Email: limits, accountability measures, Pacific Ocean, to which it is a [email protected]. electronic reporting requirements, and Contracting Party. RIN: 0648–BE85 gillnet permit requirements for Timetable: commercial king mackerel landed by 80. Amendment 44 to the Fishery gillnet in the Gulf of Mexico. This Action Date FR Cite Management Plan for Bering Sea/ action was necessary to increase NPRM ...... 07/23/15 80 FR 43694 Aleutian Islands King and Tanner efficiency, stability, and accountability, NPRM Comment 08/07/15 Crabs To Modify Right of First Refusal and to reduce the potential for Period End. Provisions of the Crab Rationalization regulatory discards in the commercial Final Action ...... 10/01/15 80 FR 59037 Program king mackerel gillnet component of the Final Action Effec- 11/30/15 fishery. tive. Legal Authority: 16 U.S.C. 1801 et Timetable: seq.; Pub. L. 109–241; Pub. L. 109–479 Regulatory Flexibility Analysis Abstract: This rule amended the Action Date FR Cite Required: Yes. Bering Sea and Aleutian Islands Crab Agency Contact: Michael Tosatto, Rationalization Program through two NPRM ...... 10/07/15 80 FR 60605 Regional Administrator, Pacific Islands actions intended to benefit eligible crab NPRM Comment 11/06/15 Period End. Region, Department of Commerce, communities by enhancing National Oceanic and Atmospheric Final Action ...... 12/17/15 80 FR 78670 opportunities to retain community Administration, 1845 Wasp Boulevard, Final Action Effec- 01/19/16 historical processing interests in the Building 176, Honolulu, HI 96818, tive. Bering Sea and Aleutian Islands crab Phone: 808 725–5000, Email: fisheries. The action modified the right Regulatory Flexibility Analysis [email protected]. RIN: 0648–BE84 of first refusal provisions that provide Required: Yes. eligible crab community entities with Agency Contact: Roy E. Crabtree, 79. Revision of Skate Maximum the opportunity to purchase processor Regional Administrator, Southeast Retainable Amounts in the Gulf of quota shares and other associated assets Region, Department of Commerce, Alaska Groundfish Fishery proposed for sale. The first action affects National Oceanic and Atmospheric Legal Authority: 16 U.S.C. 1801 et seq. about 21 processor quota shareholders. Administration, 263 13th Avenue Abstract: This rule reduced the The rule requires all persons holding South, St. Petersburg, FL 33701, Phone: maximum retainable amount of processor quota share to provide annual 727 824–5305, Fax: 727 824–5308, incidentally caught skates in directed notification to NMFS regarding the Email: [email protected]. fisheries for groundfish in the Gulf of status of the right of first refusal for all RIN: 0648–BF14 Alaska to 5 percent, which allows a processor quota share holdings. The 82. Framework Amendment to the vessel to retain skates in an amount up second action amends regulations to Fishery Management Plan for the Reef to 5 percent of the weight of the target separate the combined individual Fish Resources of the Gulf of Mexico To groundfish species onboard the vessel. fishing quota/individual processor Modify Greater Amberjack Allowable The skate maximum retainable amount quota application into two applications, Harvest and Management Measures is intended to limit harvest of skates to and revised reporting requirements for Legal Authority: 16 U.S.C. 1801 et seq. the intrinsic rate of incidental catch of crab cooperatives. Abstract: The intent of this action is skates in Gulf of Alaska groundfish Timetable: to end overfishing and rebuild the Gulf fisheries and to provide a disincentive of Mexico greater amberjack stock. A for vessels to target skates. Skate Action Date FR Cite 2014 stock assessment indicated the harvests have increased in recent years Gulf of Mexico greater amberjack stock and have exceeded the acceptable NPRM ...... 10/22/15 80 FR 63950 remains overfished and is undergoing biological catch in some areas. This NPRM Comment 11/23/15 overfishing. Allowable harvest was action was necessary to enhance Period End. reduced and will remain constant until conservation and management of skates Final Action ...... 01/13/16 81 FR 1557 changed based on new scientific by decreasing the incentive for vessels Final Action Effec- 02/12/16 information. To better constrain catches to target skates and to slow the harvest tive. to the allowable harvest levels, the rate of skates. Timetable: recreational minimum size limit was Regulatory Flexibility Analysis increased from 30 inches fork length to Required: Yes. Action Date FR Cite 34 inches fork length, and the Agency Contact: James Balsiger, commercial trip limit was reduced from NPRM ...... 07/10/15 80 FR 39734 Regional Administrator, Alaska Region, 1,923 pounds gutted weight to 1,500 NPRM Comment 08/10/15 Department of Commerce, National pounds gutted weight. Period End. Oceanic and Atmospheric Timetable: Final Action ...... 12/28/15 80 FR 80695 Administration, 709 West Ninth Street, Final Action Effec- 01/27/16 Action Date FR Cite tive. Juneau, AK 99801, Phone: 907 586– 7221, Fax: 907 586–7465, Email: NPRM ...... 09/17/15 80 FR 55821 Regulatory Flexibility Analysis [email protected]. NPRM Comment 10/19/15 Required: Yes. RIN: 0648–BE98 Period End.
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Action Date FR Cite Timetable: implementing the goals for the sanctuary, and to make revisions to its Final Action ...... 12/02/15 80 FR 75432 Action Date FR Cite management plan and regulations as Final Action Effec- 01/04/16 necessary to fulfill the purposes and tive. NPRM ...... 02/20/15 80 FR 9313 policies of the National Marine NPRM Comment 04/21/15 Sanctuaries Act (NMSA) and the Regulatory Flexibility Analysis Period End. Final Action ...... 01/27/16 81 FR 4837 Hawaiian Islands National Marine Required: Yes. Sanctuary Act (HINMSA; title II, subtitle Agency Contact: Roy E. Crabtree, Final Action Effec- 02/26/16 tive. C, Pub. L. 102587). ONMS intends to Regional Administrator, Southeast publish a proposed rule and draft EIS Region, Department of Commerce, Regulatory Flexibility Analysis that proposes to expand the scope of the National Oceanic and Atmospheric Required: Yes. sanctuary to ecosystem based Administration, 263 13th Avenue Agency Contact: Donna Wieting, management rather than concentrating South, St. Petersburg, FL 33701, Phone: Director, Office of Protected Resources, on only humpback whales. In addition, 727 824–5305, Fax: 727 824–5308, Department of Commerce, National possible boundary expansion will be Email: [email protected]. Oceanic and Atmospheric discussed. RIN: 0648–BF21 Administration, National Marine Timetable: 83. Framework Amendment to the Fisheries Service, 1315 East-West Fishery Management Plan for the Reef Highway, Silver Spring, MD 20910, Action Date FR Cite Fish Resources of the Gulf of Mexico for Phone: 301 427–8400. Notice ...... 07/14/10 75 FR 40759 Red Snapper Commercial Quota RIN: 0648–AY54 NPRM ...... 03/26/15 80 FR 16223 Retention for 2016 85. Endangered and Threatened Notice ...... 04/29/15 80 FR 23742 Legal Authority: 16 U.S.C. 1801 et seq. Species: Designation of Critical Habitat NPRM Comment 06/19/15 Period End. Abstract: Pursuant to the Gulf of for Threatened Lower Columbia River Withdrawn ...... 03/14/16 81 FR 13303 Mexico Fishery Management Council’s Coho Salmon and Puget Sound request, this rule provided authority to Steelhead Regulatory Flexibility Analysis withhold 4.9 percent of the 2016 red Legal Authority: 16 U.S.C. 1531 et seq. Required: Yes. snapper commercial annual catch limit Abstract: This action designated Agency Contact: Edward Lindelof, prior to distribution to the Individual critical habitat for lower Columbia River Department of Commerce, National Fishing Quota Program, in anticipation coho salmon and Puget Sound Oceanic and Atmospheric that this percentage may be reallocated steelhead, currently listed as threatened Administration, 1315 East-West to the recreational sector. species under the Endangered Species Highway, Silver Spring, MD 20910, Timetable: Act. The areas designated include Phone: 240 533–0641, Email: freshwater and estuarine habitat in [email protected]. Action Date FR Cite Oregon and Washington. RIN: 0648–BD97 Timetable: NPRM ...... 10/19/15 80 FR 63190 NPRM Comment 11/03/15 Action Date FR Cite Period End. DEPARTMENT OF COMMERCE (DOC) Final Action ...... 11/27/15 80 FR 73999 NPRM ...... 01/14/13 78 FR 2725 Final Action Effec- 12/28/15 Patent and Trademark Office (PTO) NPRM Comment 04/15/13 tive. Period End. Proposed Rule Stage Final Action ...... 02/24/16 81 FR 9251 • Regulatory Flexibility Analysis Final Action Effec- 03/25/16 87. Trademark Fee Adjustment Required: No. tive. Legal Authority: 15 U.S.C. 1113; 15 Agency Contact: Roy E. Crabtree, U.S.C. 1123; 35 U.S.C. 2; Section 10 of Regional Administrator, Southeast Regulatory Flexibility Analysis AIA Pub. L. 112–29 Region, Department of Commerce, Required: Yes. Abstract: The United States Patent National Oceanic and Atmospheric Agency Contact: Donna Wieting, and Trademark Office (Office) takes this Administration, 263 13th Avenue Director, Office of Protected Resources, action to set and adjust Trademark fee South, St. Petersburg, FL 33701, Phone: Department of Commerce, National amounts to provide the Office with a 727 824–5305, Fax: 727 824–5308, Oceanic and Atmospheric sufficient amount of aggregate revenue Email: [email protected]. Administration, National Marine to recover its aggregate cost of RIN: 0648–BF33 Fisheries Service, 1315 East-West operations while helping the Office 84. Designation of Critical Habitat for Highway, Silver Spring, MD 20910, maintain a sustainable funding model, the North Atlantic Right Whale Phone: 301 427–8400. ensure integrity of the Trademark RIN: 0648–BB30 register, promote efficiency of processes, Legal Authority: 16 U.S.C. 1361 et and incentivize electronic seq.; 16 U.S.C. 1531 et seq. 86. Revisions to Hawaiian Islands Humpback Whale National Marine communications. Abstract: The National Marine Timetable: Fisheries Service revised the critical Sanctuary Regulations habitat designation for the North Legal Authority: 16 U.S.C. 1431 et Action Date FR Cite Atlantic right whale. This designation seq.; Pub. L. 102–587 resulted in an expansion of critical Abstract: In 2010, the Office of NPRM ...... 05/00/16 habitat in the northeast feeding area National Marine Sanctuaries (ONMS) NPRM Comment 07/00/16 (Gulf of Maine-Georges Bank region) initiated a review of the Hawaiian Period End. and the southeast calving area (Florida Islands Humpback Whale National Final Action ...... 11/00/16 Final Action Effec- 01/00/17 to North Carolina) compared to what Marine Sanctuary management plan, to tive. was designated in 1994 for right whales. evaluate substantive progress toward
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Regulatory Flexibility Analysis Patent and Trademark Office, RIN: 0651–AD08 Required: Yes. Commissioner for Trademarks, P.O. Box [FR Doc. 2016–12900 Filed 6–8–16; 8:45 am] Agency Contact: Jennifer Chicoski, 1451, Alexandria, VA 22313, Phone: 571 BILLING CODE 3510–12–P Administrator for Trademark Policy and 272–8943, Fax: 571 273–8943, Email: Procedure, Department of Commerce, [email protected].
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Part V
Department of Defense
Semiannual Regulatory Agenda
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DEPARTMENT OF DEFENSE section 610 of the Regulatory Flexibility For general information on Act. Department of the Navy regulations, 32 CFR Chs. I, V, VI, and VII Printing of these entries is limited to contact CDR Noreen Hagerty-Ford, fields that contain information required telephone 703–614–7408, or write to 33 CFR Ch. II by the Regulatory Flexibility Act’s Department of the Navy, Office of the agenda requirements. Additional Judge Advocate General, Administrative 36 CFR Ch. III information on these entries is in the Law Division (Code 13), Washington Unified Agenda available online. Navy Yard, 1322 Patterson Avenue SE., 48 CFR Ch. II FOR FURTHER INFORMATION CONTACT: For Suite 3000, Washington, DC 20374– information concerning the overall DoD 5066, or email: noreen.hagerty-ford@ Improving Government Regulations; regulatory improvement program and navy.mil. Unified Agenda of Federal Regulatory for general semiannual agenda For general information on and Deregulatory Actions information, contact Ms. Patricia Department of the Air Force regulations, AGENCY: Department of Defense (DoD). Toppings, telephone 571–372–0485, or contact Bao-Anh Trinh, telephone 703– ACTION: Semiannual regulatory agenda. write to Office of the Deputy Chief 614–8500, or write the Office of the Management Officer, Directorate for Secretary of the Air Force, Chief, SUMMARY: The Department of Defense Oversight and Compliance, Regulatory Information Dominance/Chief (DoD) is publishing this semiannual and Audit Matters Office, 9010 Defense Information Officer (SAF CIO/A6), 1800 agenda of regulatory documents, Pentagon, Washington, DC 20301–9010, Air Force Pentagon, Washington, DC including those that are procurement- or email: patricia.l.toppings.civ@ 20330–1800, or email: related, for public information and mail.mil. usaf.pentagon.saf-cio-a6.mbx.af-foia@ comments under Executive Order 12866 For questions of a legal nature mail.mil. ‘‘Regulatory Planning and Review’’. concerning the agenda and its statutory For specific agenda items, contact the This agenda incorporates the objective requirements or obligations, write to appropriate individual indicated in each and criteria, when applicable, of the Office of the General Counsel, 1600 DoD component report. regulatory reform program under the Defense Pentagon, Washington, DC SUPPLEMENTARY INFORMATION: This 20301–1600, or call 703–697–2714. Executive Order and other regulatory edition of the Unified Agenda of Federal guidance. It contains DoD regulations For general information on Office of Regulatory and Deregulatory Actions is initiated by DoD components that may the Secretary regulations, other than composed of the regulatory status have economic and environmental those which are procurement-related, reports, including procurement-related impact on State, local, or tribal interests contact Ms. Morgan Park, telephone regulatory status reports, from the Office under the criteria of Executive Order 571–372–0489, or write to Office of the of the Secretary of Defense (OSD) and 12866. Although most DoD regulations Deputy Chief Management Officer, the Departments of the Army and Navy. listed in the agenda are of limited public Directorate of Oversight and Included also is the regulatory status impact, their nature may be of public Compliance, Regulatory and Audit report from the U.S. Army Corps of interest and, therefore, are published to Matters Office, 9010 Defense Pentagon, Engineers, whose civil works functions provide notice of rulemaking and an Washington, DC 20301–9010, or email: opportunity for public participation in [email protected]. fall under the reporting requirements of the internal DoD rulemaking process. For general information on Office of Executive Order 12866 and involve Members of the public may submit the Secretary regulations which are water resource projects and regulation comments on individual proposed and procurement-related, contact Ms. of activities in waters of the United interim final rulemakings at Jennifer Hawes, telephone 571–372– States. www.regulations.gov during the 6115, or write to Office of the Under In addition, this agenda, although comment period that follows Secretary of Defense for Acquisition, published under the reporting publication in the Federal Register. Technology, and Logistics, Defense requirements of Executive Order 12866, This agenda updates the report Procurement and Acquisition Policy, continues to be the DoD single-source published on November 19, 2015, and Defense Acquisition Regulations reporting vehicle, which identifies includes regulations expected to be System, Room 3B941, 3060 Defense regulations that are currently applicable issued and under review over the next Pentagon, Washington, DC 20301–3060, under the various regulatory reform 12 months. The next agenda is or email: [email protected]. programs in progress. Therefore, DoD scheduled to be published in the fall of For general information on components will identify those rules 2016. The complete Unified Agenda Department of the Army regulations, which come under the criteria of the: will be available online at contact Ms. Brenda Bowen, telephone a. Regulatory Flexibility Act; www.reginfo.gov. 703–428–6173, or write to the U.S. b. Paperwork Reduction Act of 1995; Because publication in the Federal Army Records Management and c. Unfunded Mandates Reform Act of Register is mandated for the regulatory Declassification Agency, ATTN: AAHS– 1995. flexibility agendas required by the RDR–C, Casey Building, Room 102, Those DoD regulations, which are Regulatory Flexibility Act (5 U.S.C. 7701 Telegraph Road, Alexandria, directly applicable under these statutes, 602), the Department of Defense’s Virginia 22315–3860, or email: will be identified in the agenda and printed agenda entries include only: [email protected]. their action status indicated. Generally, (1) Rules that are in the Agency’s For general information on the U.S. the regulatory status reports in this regulatory flexibility agenda, in Army Corps of Engineers regulations, agenda will contain five sections: (1) accordance with the Regulatory contact Mr. Chip Smith, telephone 703– Prerule stage; (2) proposed rule stage; (3) Flexibility Act, because they are likely 693–3644, or write to Office of the final rule stage; (4) completed actions; to have a significant economic impact Deputy Assistant Secretary of the Army and (5) long-term actions. Where certain on a substantial number of small (Policy and Legislation), 108 Army regulatory actions indicate that small entities; and Pentagon, Room 2E569, Washington, DC entities are affected, the effect on these (2) any rules that the Agency has 20310–0108, or email: entities may not necessarily have identified for periodic review under [email protected]. significant economic impact on a
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substantial number of these entities as of the public, as well as regulatory retrospective review and analysis defined in the Regulatory Flexibility Act reform, DoD reserves the right to throughout the executive branch. DoD’s (5 U.S.C. 601(6)). exercise the exemptions and flexibility retrospective review plan is intended to Although not a regulatory agency, permitted in its rulemaking process in identify certain significant rules that are DoD will continue to participate in order to proceed with its overall obsolete, unnecessary, unjustified, regulatory initiatives designed to reduce defense-oriented mission. The excessively burdensome, or economic costs and unnecessary publishing of this agenda does not counterproductive and can be accessed burdens upon the public. Comments waive the applicability of the military at: http://www.regulations.gov/ and recommendations are invited on the affairs exemption in section 553 of title #!docketDetail;D=DOD-2011-OS-0036. rules reported and should be addressed 5 U.S.C. and section 3 of Executive to the DoD component representatives Order 12866. Executive Order 13563 Dated: March 13, 2016. identified in the regulatory status recognizes the importance of David Tillotson III, reports. Although sensitive to the needs maintaining a consistent culture of Assistant Deputy Chief Management Officer.
OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
88 ...... TRICARE; Reimbursement of Long Term Care Hospitals ...... 0720–AB47
DEPARTMENT OF DEFENSE (DOD) to payments to providers of services of Action Date FR Cite the same type under Medicare. This rule Office of Assistant Secretary for Health implements a reimbursement NPRM Comment 03/27/15 Affairs (DODOASHA) methodology similar to that furnished to Period End. Final Rule Stage Medicare beneficiaries for services Final Action ...... 08/00/16 provided by long-term care hospitals. 88. TRICARE; Reimbursement of Long The revisions to this rule will be Regulatory Flexibility Analysis Term Care Hospitals reported in future status updates as part Required: Yes. Legal Authority: 5 U.S.C. 301; 10 of DoD’s retrospective plan under Agency Contact: Ann N. Fazzini, U.S.C. ch 55 Executive Order 13563, completed in Department of Defense, Office of Abstract: The rule implements the August 2011. DoD’s full plan can be Assistant Secretary for Health Affairs, statutory provision in 10 U.S.C. accessed at: http://www.regulations.gov/ 1200 Defense Pentagon, Washington, DC 1079(j)(2) that TRICARE payment #!docketDetail;D=DOD-2011-OS-0036. 20301, Phone: 303 676–3803. methods for institutional care shall be Timetable: RIN: 0720–AB47 determined to the extent practicable in accordance with the same Action Date FR Cite [FR Doc. 2016–12901 Filed 6–8–16; 8:45 am] reimbursement rules as those that apply BILLING CODE 5001–06–P NPRM ...... 01/26/15 80 FR 3926
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Part VI
Department of Education
Semiannual Regulatory Agenda
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DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: Section • A citation of legal authority. 4(b) of Executive Order 12866, dated • The name, address, and telephone Office of the Secretary September 30, 1993, requires the number of the contact person at ED from Department of Education (ED) to whom a reader can obtain additional 34 CFR Subtitles A and B publish, at a time and in a manner information regarding the planned specified by the Administrator of the action. Unified Agenda of Federal Regulatory Office of Information and Regulatory and Deregulatory Actions In accordance with ED’s Principles for Affairs, Office of Management and Regulating listed in its regulatory plan AGENCY: Office of the Secretary, Budget, an agenda of all regulations (78 FR 1361, published January 8, 2013), Department of Education. under development or review. The ED is committed to regulations that ACTION: Semiannual regulatory agenda. Regulatory Flexibility Act, 5 U.S.C. improve the quality and equality of 602(a), requires ED to publish, in services to its customers. ED will SUMMARY: The Secretary of Education October and April of each year, a regulate only if absolutely necessary and publishes a semiannual agenda of regulatory flexibility agenda. then in the most flexible, most Federal regulatory and deregulatory The regulatory flexibility agenda may equitable, least burdensome way actions. The agenda is issued under the be combined with any other agenda that possible. authority of section 4(b) of Executive satisfies the statutory requirements (5 Interested members of the public are Order 12866, ‘‘Regulatory Planning and U.S.C. 605(a)). In compliance with the invited to comment on any of the items Review.’’ The purpose of the agenda is Executive order and the Regulatory listed in this agenda that they believe to encourage more effective public Flexibility Act, the Secretary publishes are not consistent with the Principles participation in the regulatory process this agenda. for Regulating. Members of the public by providing the public with early For each set of regulations listed, the are also invited to comment on any information about the regulatory actions agenda provides the title of the uncompleted actions in this agenda that we plan to take. document, the type of document, a ED plans to review under section 610 of FOR FURTHER INFORMATION CONTACT: citation to any rulemaking or other the Regulatory Flexibility Act (5 U.S.C. Questions or comments related to action taken since publication of the 610) to determine their economic specific regulations listed in this agenda most recent agenda, and planned dates impact on small entities. should be directed to the agency contact of future rulemaking. In addition, the This publication does not impose any listed for the regulations. Other agenda provides the following binding obligation on ED with regard to questions or comments on this agenda information: • any specific item in the agenda. ED may should be directed to LaTanya Cannady, An abstract that includes a elect not to pursue any of the regulatory Program Specialist, or Hilary Malawer, description of the problem to be actions listed here, and regulatory General Counsel, Division of Regulatory addressed, any principal alternatives action in addition to the items listed is Services, Office of the General Counsel, being considered, and potential costs not precluded. Dates of future regulatory Department of Education, Room 6C128, and benefits of the action. • actions are subject to revision in 400 Maryland Avenue SW., An indication of whether the subsequent agendas. Washington, DC 20202–2241; telephone: planned action is likely to have (202) 401–9676 (LaTanya Cannady) or significant economic impact on a Electronic Access to This Document (202) 401–6148 (Hilary Malawer). substantial number of small entities as The entire Unified Agenda is Individuals who use a defined by the Regulatory Flexibility published electronically and is available telecommunications device for the deaf Act (5 U.S.C. 601(6)). online at www.reginfo.gov. (TDD) or a text telephone (TTY) may • A reference to where a reader can call the Federal Relay Service (FRS) at find the current regulations in the Code James Cole, Jr., 1–800–877–8339. of Federal Regulations. General Counsel.
OFFICE OF POSTSECONDARY EDUCATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
89 ...... Borrower Defense ...... 1840–AD19
OFFICE OF POSTSECONDARY EDUCATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
90 ...... Title IV of the HEA—Program Integrity and Improvement ...... 1840–AD14
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DEPARTMENT OF EDUCATION (ED) Regulatory Flexibility Analysis Federal Student Aid programs, clock-to- Required: Yes. credit hour conversion, and repeat Office of Postsecondary Education Agency Contact: Annmarie Weisman, coursework. (OPE) Department of Education, Office of Completed: Proposed Rule Stage Postsecondary Education, 400 Maryland Avenue SW., Room 6W245, Reason Date FR Cite 89. Borrower Defense Washington, DC 20202, Phone: 202 453– Legal Authority: Section 455(h) of the 6712, Email: annmarie.weisman@ Final Action ...... 10/30/15 80 FR 67126 Higher Education Act of 1965, as ed.gov. Final Action Effec- 07/01/16 amended RIN: 1840–AD19 tive. Abstract: The Department has begun negotiated rulemaking to develop Regulatory Flexibility Analysis proposed regulations for determining DEPARTMENT OF EDUCATION (ED) Required: Yes. which acts or omissions of an Agency Contact: Nathan Arnold, institution of higher education a Office of Postsecondary Education Phone: 202 453–7874, Email: borrower may assert as a defense to (OPE) [email protected]. repayment of a loan made under the Completed Actions William D. Ford Federal Direct Loan RIN: 1840–AD14 90. Title IV of the HEA—Program (Federal Direct Loan) Program and [FR Doc. 2016–12902 Filed 6–8–16; 8:45 am] Integrity and Improvement identify the consequences of such BILLING CODE 4000–01–P borrower defenses for borrowers, Legal Authority: 20 U.S.C. 1001; 20 institutions, and the Secretary. U.S.C. 1002; 20 U.S.C. 1091; 20 U.S.C. Timetable: 1094; 20 U.S.C. 1099c; 20 U.S.C. 1070a; 20 U.S.C. 1087b; 20 U.S.C. 1087d; 20 Action Date FR Cite U.S.C. 1087e; 20 U.S.C. 1088 Abstract: The Department issued Notice of Intent to 08/20/15 80 FR 50588 regulations for the Federal Student Aid Establish Nego- programs, authorized under title IV of tiated Rule- the Higher Education Act of 1965, as making Com- amended (HEA). We are regulating in mittee. NPRM ...... 06/00/16 the following areas: cash management of funds provided under the title IV
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Part VII
Department of Energy
Semiannual Regulatory Agenda
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DEPARTMENT OF ENERGY compilation of upcoming and ongoing the status of activities as of regulatory activity, including a brief approximately May 31, 2016. 10 CFR Chs. II, III, and X description of each rulemaking and a Publication in the Federal Register is timetable for action. The Agenda also mandated by the Regulatory Flexibility 48 CFR Ch. 9 includes a list of regulatory actions Act (5 U.S.C. 602) only for Agenda completed since publication of the last entries that require either a regulatory Unified Agenda of Federal Regulatory Agenda. The Department of Energy’s flexibility analysis or periodic review and Deregulatory Actions portion of the Agenda includes under section 610 of that Act. DOE’s AGENCY: Department of Energy. regulatory actions called for by the regulatory flexibility agenda is made up Energy Independence and Security Act of five rulemakings setting energy ACTION: Semi-annual regulatory agenda. of 2007, the American Energy efficiency standards for the following products: SUMMARY: The Department of Energy Manufacturing Technical Corrections • (DOE) has prepared and is making Act and programmatic needs of DOE General Service Lamps • available its portion of the semi-annual offices. Walk-In Coolers and Freezers • Commercial Packaged Boilers Unified Agenda of Federal Regulatory The Internet is the basic means for • Cooking Products and Deregulatory Actions (Agenda) disseminating the Agenda and • Residential Furnaces pursuant to Executive Order 12866, providing users the ability to obtain • Miscellaneous Refrigeration ‘‘Regulatory Planning and Review,’’ and information from the Agenda database. Equipment the Regulatory Flexibility Act. DOE’s Spring 2016 Agenda can be SUPPLEMENTARY INFORMATION: The accessed online by going to P. Croley, Agenda is a government-wide www.reginfo.gov. Agenda entries reflect General Counsel.
ENERGY EFFICIENCY AND RENEWABLE ENERGY—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
91 ...... Energy Conservation Standards for Commercial Packaged Boilers ...... 1904–AD01 92 ...... Energy Conservation Standards for General Service Lamps ...... 1904–AD09
ENERGY EFFICIENCY AND RENEWABLE ENERGY—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
93 ...... Test Procedures for Light-Emitting Diode Lamps ...... 1904–AC67 94 ...... Energy Efficiency Standards for Residential Dehumidifiers ...... 1904–AC81 95 ...... Energy Conservation Standards for Commercial Warm Air Furnaces ...... 1904–AD11 96 ...... Energy Conservation Standards for Ceiling Fans ...... 1904–AD28
ENERGY EFFICIENCY AND RENEWABLE ENERGY—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
97 ...... Energy Conservation Standards for Commercial and Industrial Pumps ...... 1904–AC54 98 ...... Energy Conservation Standards for Residential Ceiling Fan Light Kits ...... 1904–AC87 99 ...... Energy Conservation Standards for Residential Boilers ...... 1904–AC88 100 ...... Standards for Refrigerated Bottled or Canned Beverage Vending Machines ...... 1904–AD00 101 ...... Energy Conservation Standards for Commercial Pre-Rinse Spray Valves ...... 1904–AD31
DEFENSE AND SECURITY AFFAIRS—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
102 ...... Chronic Beryllium Disease Prevention Program ...... 1992–AA39 103 ...... Workplace Substance Abuse Programs at DOE Sites ...... 1992–AA53
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DEPARTMENT OF ENERGY (DOE) 92. Energy Conservation Standards for DEPARTMENT OF ENERGY (DOE) General Service Lamps Energy Efficiency and Renewable Energy Energy Efficiency and Renewable Energy (EE) Legal Authority: 42 U.S.C. (EE) 6295(i)(6)(A) and (B) Proposed Rule Stage Abstract: Amendments to Energy Final Rule Stage Policy and Conservation Act (EPCA) in 91. Energy Conservation Standards for 93. Test Procedures for Light-Emitting the Energy Independence and Security Commercial Packaged Boilers Diode Lamps Act of 2007 direct DOE to conduct two Legal Authority: 42 U.S.C. 6294(a)(6); rulemaking cycles to evaluate energy Legal Authority: 42 U.S.C. 42 U.S.C. 6293 6313(a)(6)(C) conservation standards for GSLs, the Abstract: EPCA, as amended by EISA first of which must be initiated no later 2007, requires the Secretary to create Abstract: EPCA, as amended by than January 1, 2014. EPCA specifically AEMTCA, requires the Secretary to test procedures for light emitting diode states that the scope of the rulemaking (LED) lamps that accurately represent determine whether updating the is not limited to incandescent lamp statutory energy conservation standards the energy consumption of this product. technologies. EPCA also states that DOE This rulemaking is supporting the for commercial packaged boilers is must consider in the first rulemaking implementation by the Federal Trade technically feasible and economically cycle the minimum backstop Commission of labeling provisions justified and would save a significant requirement of 45 lumens per watt for under 42 U.S.C. 6294(a)(6), as well as amount of energy. If justified, the general service lamps (GSLs) effective the ongoing general service lamps Secretary will issue amended energy January 1, 2020. This rulemaking rulemaking, which includes LED lamps. conservation standards for such constitutes DOE’s first rulemaking cycle. Timetable: equipment. Timetable: Timetable: Action Date FR Cite Action Date FR Cite NPRM ...... 04/09/12 77 FR 21038 Action Date FR Cite Framework Docu- 12/09/13 78 FR 73737 NPRM Comment 06/25/12 ment Avail- Period End. Notice of Pro- 08/13/13 78 FR 49202 ability; Notice of Supplemental 06/03/14 79 FR 32019 posed Deter- Public Meeting. NPRM. mination Framework Docu- 01/23/14 Supplemental 08/04/14 (NOPD). ment Comment NPRM Com- NOPD Comment 09/12/13 Period End. ment Period Period End. Framework Docu- 01/23/14 79 FR 3742 End. Notice of Public 09/03/13 78 FR 54197 ment Comment Second Supple- 06/26/14 79 FR 36242 Meeting and Period Ex- mental NPRM. Framework tended. Second Supple- 08/04/14 Document Framework Docu- 02/07/14 mental NPRM Availability. ment Comment Comment Pe- Framework Docu- 10/18/13 Period Ex- riod End. ment Comment tended End. Third Supple- 07/09/15 80 FR 39644 Period End. Preliminary Anal- 12/11/14 79 FR 73503 mental NPRM. Notice of Public 11/20/14 79 FR 69066 ysis; Notice of Third Supple- 08/10/15 Meeting and Public Meeting. mental NPRM Preliminary Preliminary Anal- 02/09/15 Comment Pe- Analysis. ysis Comment riod End. Preliminary Anal- 01/20/15 Period End. Final Action ...... 07/00/16 ysis Comment Preliminary Anal- 01/30/15 80 FR 5052 Period End. ysis Comment Regulatory Flexibility Analysis Withdrawal of 08/25/15 80 FR 51487 Period Ex- Required: Yes. NOPD. tended. Agency Contact: Lucy DeButts, Office NPRM ...... 03/24/16 81 FR 15836 Preliminary Anal- 02/23/15 of Buildings Technologies Program, EE– NPRM Comment 05/23/16 ysis Comment 5B, Department of Energy, Energy Period End. Period Ex- Efficiency and Renewable Energy, 1000 NPRM Comment 05/04/16 81 FR 26747 tended End. Notice of Public 03/15/16 81 FR 13763 Independence Avenue SW., Period Ex- Washington, DC 20585, Phone: 202 287– tended. Meeting; Webinar. 1604, Email: [email protected]. NPRM Comment 06/22/16 NPRM ...... 03/17/16 81 FR 14528 RIN: 1904–AC67 Period Ex- NPRM Comment 05/16/16 tended End. 94. Energy Efficiency Standards for Period End. Final Action ...... 12/00/16 Residential Dehumidifiers Regulatory Flexibility Analysis Legal Authority: 42 U.S.C. 6295(m) Required: Yes. Regulatory Flexibility Analysis and (cc) Abstract: EPCA requires the Secretary Agency Contact: James Raba, Office of Required: Yes. Agency Contact: Lucy DeButts, Office to determine whether updating the Building Technologies Program, EE–5B, of Buildings Technologies Program, EE– statutory energy conservation standards Department of Energy, Energy Efficiency 5B, Department of Energy, Energy for residential dehumidifiers is and Renewable Energy, 1000 Efficiency and Renewable Energy, 1000 technically feasible and economically Independence Avenue SW., Independence Avenue SW., justified and would result in significant Washington, DC 20585, Phone: 202 586– Washington, DC 20585, Phone: 202 287– energy savings. If these criteria are met, 8654, Email: [email protected]. 1604 Email: [email protected]. the Secretary will issue amended energy RIN: 1904–AD01 RIN: 1904–AD09 conservation standards.
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Timetable: Action Date FR Cite Washington, DC 20585, Phone: 202 287– 1604, Email: [email protected]. Action Date FR Cite Request for Infor- 05/02/13 78 FR 25627 RIN: 1904–AD28 mation (RFI). Notice of Public 08/17/12 77 FR 49739 RFI Comment Pe- 06/03/13 Meeting and riod End. Framework NPRM ...... 02/04/15 80 FR 6182 DEPARTMENT OF ENERGY (DOE) Document NPRM Comment 04/06/15 Availability. Period End. Energy Efficiency and Renewable Energy Framework Docu- 08/28/12 77 FR 51943 Notice of Intent to 04/01/15 80 FR 17363 (EE) ment Comment Form Working Completed Actions Period Ex- Group. tended. Notice of Public 05/07/15 80 FR 26199 97. Energy Conservation Standards for Framework Docu- 10/17/12 Meeting for Commercial and Industrial Pumps ment Comment Working Group. Period Ex- Direct Final Rule 01/15/16 81 FR 2420 Legal Authority: 42 U.S.C. 6311(1)(A) tended End. Supplemental 01/15/16 81 FR 2111 Abstract: EPCA, as amended, Notice of Public 05/22/14 79 FR 29380 NPRM. authorizes the Secretary to determine Meeting and Direct Final Rule 05/04/16 whether establishing energy Preliminary and SNPRM conservation standards for commercial Analysis. Comment Pe- and industrial pumps is technically Preliminary Anal- 07/21/14 riod End. feasible and economically justified and ysis Comment Direct Final Rule 05/16/16 would save a significant amount of Period End. Effective. energy. On June 13, 2013, DOE NPRM ...... 06/03/15 80 FR 31646 Final Action ...... 06/00/16 NPRM Comment 08/03/15 published a notice of intent to establish Period End. Regulatory Flexibility Analysis a negotiated rulemaking working group Final Action ...... 05/00/16 Required: Yes. for the commercial and industrial Agency Contact: John Cymbalsky, pumps rulemaking under the Appliance Regulatory Flexibility Analysis Office of Building Technologies Standards and Rulemaking Federal Required: Yes. Program, EE–5B, Department of Energy, Advisory Committee (ASRAC) in Agency Contact: John Cymbalsky, Energy Efficiency and Renewable accordance with the Federal Advisory Office of Building Technologies Energy, 1000 Independence Avenue Committee Act (FACA) and the Program, EE–5B, Department of Energy, SW., Washington, DC 20585, Phone: 202 Negotiated Rulemaking Act (NRA) to Energy Efficiency and Renewable 287–1692, Email: john.cymbalsky@ negotiate proposed Federal standards Energy, 1000 Independence Avenue ee.doe.gov. for the energy efficiency of commercial SW., Washington, DC 20585, Phone: 202 RIN: 1904–AD11 and industrial pumps (78 FR 44036). 287–1692, Email: john.cymbalsky@ The purpose of the working group was 96. Energy Conservation Standards For ee.doe.gov. to discuss and, if possible, reach Ceiling Fans consensus on a proposed rule for the RIN: 1904–AC81 Legal Authority: 42 U.S.C. 6295(ff) energy efficiency of commercial and 95. Energy Conservation Standards for Abstract: EPCA authorizes the industrial pumps. The working group Commercial Warm Air Furnaces Secretary to determine whether negotiated standard levels that were accepted by ASRAC on July 7, 2014. As Legal Authority: 42 U.S.C. updating the statutory energy conservation standards for ceiling fans a result, DOE has proposed to adopt the 6313(a)(6)(C)(i) and (vi); 42 U.S.C. 6316; working groups’ recommendations. 42 U.S.C. 6295(p)(4) is technically feasible and economically justified and would result in significant Completed: Abstract: EPCA, as amended by energy savings. If these criteria are met, AEMTCA, requires the Secretary to Reason Date FR Cite the Secretary may issue amended energy determine whether updating the conservation standards for ceiling fans. statutory energy conservation standards Final Action ...... 01/26/16 81 FR 4368 Timetable: for commercial warm air furnaces is Final Action Effec- 03/28/16 tive. technically feasible and economically Action Date FR Cite justified and would save a significant Regulatory Flexibility Analysis amount of energy. If justified, the NPRM ...... 01/13/16 81 FR 1688 Required: Yes. Secretary will issue amended energy NPRM Comment 03/14/16 Period End. Agency Contact: John Cymbalsky, conservation standards for this type of Phone: 202 287–1692, Email: equipment. On April 1, 2015, DOE NPRM Comment 03/15/16 81 FR 13763 Period Ex- [email protected]. published a notice announcing the RIN: 1904–AC54 creation of a working group under the tended. NPRM Comment 04/14/16 98. Energy Conservation Standards for Appliance Standards Federal Period Ex- Rulemaking Advisory Committee tended End. Residential Ceiling Fan Light Kits (ASRAC). (80 FR 17363) to potentially Final Action ...... 07/00/16 Legal Authority: 42 U.S.C. 6295(ff)(5) develop negotiated standards. DOE has Abstract: EPCA authorizes the since published a direct final rule and Regulatory Flexibility Analysis Secretary to determine whether supplemental notice of proposed Required: Yes. updating the statutory energy rulemaking that embodies the Agency Contact: Lucy DeButts, Office conservation standards for ceiling fan standards-related aspects of the of Buildings Technologies Program, EE– light kits is technically feasible and recommendations submitted to (and 5B, Department of Energy, Energy economically justified and would result approved by) ASRAC. Efficiency and Renewable Energy, 1000 in significant energy savings. If the Timetable: Independence Avenue SW., criteria are met, the Secretary may issue
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amended energy conservation standards Reason Date FR Cite provisions and continue to be for these products. applicable to DOE Federal and Completed: Final Action Effec- 03/08/16 contractor employees who are, were, or tive. potentially were exposed to beryllium at Reason Date FR Cite Final Rule; Cor- 04/25/16 81 FR 24009 DOE sites. recting Amend- Final Action ...... 01/06/16 81 FR 580 ment. Timetable: Final Action Effec- 03/07/16 Final Rule; Cor- 04/25/16 tive. recting Amend- Action Date FR Cite ment Effective. NPRM ...... 05/00/16 Regulatory Flexibility Analysis NPRM Comment 07/00/16 Required: Yes. Regulatory Flexibility Analysis Period End. Agency Contact: Lucy DeButts, Phone: Required: Yes. Final Action ...... 07/00/17 202 287–1604, Email: lucy.debutts@ Agency Contact: John Cymbalsky, ee.doe.gov. Phone: 202 287–1692, Email: Regulatory Flexibility Analysis RIN: 1904–AC87 [email protected]. Required: Yes. 99. Energy Conservation Standards for RIN: 1904–AD00 Agency Contact: Jacqueline D. Rogers, Residential Boilers 101. Energy Conservation Standards for Industrial Hygienist, AU–11, Legal Authority: 42 U.S.C. Commercial Pre-Rinse Spray Valves Department of Energy, 1000 Independence Avenue SW., 6295(f)(4)(C); 42 U.S.C. 6295(m)(1); 42 Legal Authority: 42 U.S.C. 6295(m) Washington, DC 20585, Phone: 202 586– U.S.C. 6295(gg)(3) Abstract: EPCA, as amended by 4714, Email: [email protected]. Abstract: EPCA, as amended by EISA EPACT 2005, requires the Secretary to 2007, requires the Secretary to determine whether amending the RIN: 1992–AA39 determine whether updating the statutory energy conservation standards 103. • Workplace Substance Abuse statutory energy conservation standards for commercial pre-rinse spray valves is Programs at Doe Sites for residential boilers is technically technologically feasible and feasible and economically justified and economically justified. If justified, the Legal Authority: 41 U.S.C. 701 et seq.; would result in significant conservation Secretary will issue amended energy 41 U.S.C. 2012, 2013, 2051, 2061, 2165, of energy. If justified, the Secretary will conservation standards for commercial 2201b, 2201i, and 2201p; 42 U.S.C. 5814 issue amended energy conservation prerinse spray valves. and 5815; 42 U.S.C. 7151, 7251, and standards for residential boilers. Completed: 7256; 50 U.S.C. 2401 et seq. Completed: Abstract: The Department of Energy is Reason Date FR Cite amending its regulation related to Reason Date FR Cite workplace substance abuse programs at Notice of Data 11/12/15 80 FR 69888 DOE sites. The proposed amendments Final Action ...... 01/15/16 81 FR 2320 Availability Final Action Effec- 03/15/16 would address drug and alcohol abuse; (NODA). testing workers in certain sensitive tive. NODA Comment 12/04/15 Final Action; 01/27/16 81 FR 4574 positions; development and approval of Period End. Technical Cor- a workplace substance abuse program; Final Action ...... 01/27/16 81 FR 4748 rection. Final Action Effec- 03/28/16 employee assistance programs; and Final Action; 01/27/16 tive. training. The proposed amendments Technical Cor- would improve and strengthen the rection Effective. Regulatory Flexibility Analysis substance abuse programs; and enhance consistency with advances in similar Regulatory Flexibility Analysis Required: Yes. rules and other Federal drug and Required: Yes. Agency Contact: Ashley Armstrong, alcohol programs that place similar Agency Contact: John Cymbalsky, Phone: 202 586–6590, Email: Phone: 202 287–1692, Email: [email protected]. requirements on the private sector. [email protected]. RIN: 1904–AD31 Timetable: RIN: 1904–AC88 Action Date FR Cite 100. Standards for Refrigerated Bottled or Canned Beverage Vending Machines DEPARTMENT OF ENERGY (DOE) NPRM ...... 12/00/16 NPRM Comment 03/00/17 Legal Authority: 42 U.S.C. 6295(m)(1) Defense and Security Affairs (DSA) Period End. Abstract: EPCA, as amended by Final Action ...... 12/00/17 AEMTCA 2012, requires the Secretary to Proposed Rule Stage determine whether updating the 102. Chronic Beryllium Disease Regulatory Flexibility Analysis statutory energy conservation standards Prevention Program Required: Yes. for refrigerated beverage vending Legal Authority: 42 U.S.C. 2201(i)(3), Agency Contact: Jacqueline D. Rogers, machines is technologically feasible and and (p); 42 U.S.C. 2282c; 29 U.S.C. 668; Industrial Hygienist, AU–11, economically justified. The Secretary Department of Energy, 1000 issued amended energy conservation 42 U.S.C. 7107 et seq.; 50 U.S.C. 2401 Independence Avenue SW., standards on January 8, 2016. et seq.; E.O. 12196 Completed: Abstract: The Department of Energy is Washington, DC 20585, Phone: 202 586– amending its current chronic beryllium 4714, Email: [email protected]. Reason Date FR Cite disease prevention program regulation. RIN: 1992–AA53 The proposed amendments would [FR Doc. 2016–12903 Filed 6–8–16; 8:45 am] Final Action ...... 01/08/16 81 FR 1028 improve and strengthen the current BILLING CODE 6450–01–P
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Part VIII
Department of Health and Human Services
Semiannual Regulatory Agenda
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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: The For example, to encourage public HUMAN SERVICES Department of Health and Human participation, we regularly update our Services (HHS) is the Federal regulatory Web page (http:// Office of the Secretary Government’s lead agency for protecting www.HHS.gov/regulations) which the health of all Americans and includes links to HHS rules currently 21 CFR Ch. I providing essential human services, open for public comment, and also especially for those who are least able provides a ‘‘regulations toolkit’’ with 25 CFR Ch. V to help themselves. HHS enhances the background information on regulations, health and well-being of Americans by the commenting process, how public 42 CFR Chs. I–V promoting effective health and human comments influence the development of services and by fostering sound, a rule, and how the public can provide 45 CFR Subtitle A; Subtitle B, Chs. II, sustained advances in the sciences effective comments. HHS also actively III, and XIII underlying medicine, public health, and encourages meaningful public social services. participation in its retrospective review Regulatory Agenda This Agenda presents the rulemaking of regulations, through a comment form AGENCY: Office of the Secretary, HHS. activities that the Department expects to on the HHS retrospective review Web ACTION: Semiannual Regulatory Agenda. undertake in the foreseeable future to page (http://www.HHS.gov/ advance this mission. The Agenda RetrospectiveReview). SUMMARY: The Regulatory Flexibility Act furthers several Departmental goals, The rulemaking abstracts included in of 1980 and Executive Order (EO) 12866 including strengthening health care; this paper issue of the Federal Register require the semiannual issuance of an advancing scientific knowledge and cover, as required by the Regulatory inventory of rulemaking actions under innovation; advancing the health, safety, Flexibility Act of 1980, those development throughout the and well-being of the American people; prospective HHS rulemakings likely to Department, offering for public review increasing efficiency, transparency, and have a significant economic impact on summarized information about accountability of HHS programs; and a substantial number of small entities. forthcoming regulatory actions. strengthening the nation’s health and The Department’s complete Regulatory FOR FURTHER INFORMATION CONTACT: human services infrastructure and Agenda is accessible online at http:// Wilma Robinson, Deputy Executive workforce. www.RegInfo.gov. Secretary, Department of Health and HHS has an agency-wide effort to Human Services, 200 Independence support the Agenda’s purpose of Wilma Robinson, Avenue SW., Washington, DC 20201; encouraging more effective public Deputy Executive Secretary to the (202) 690–5627. participation in the regulatory process. Department.
OFFICE FOR CIVIL RIGHTS—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
104 ...... Nondiscrimination Under the Patient Protection and Affordable Care Act ...... 0945–AA02
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
105 ...... ONC Health IT Certification Program: Enhanced Oversight and Accountability ...... 0955–AA00
FOOD AND DRUG ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
106 ...... Over-the-Counter (OTC) Drug Review—Cough/Cold (Antihistamine) Products ...... 0910–AF31 107 ...... Over-the-Counter (OTC) Drug Review—Topical Antimicrobial Drug Products ...... 0910–AF69 108 ...... Updated Standards for Labeling of Pet Food ...... 0910–AG09 109 ...... Format and Content of Reports Intended to Demonstrate Substantial Equivalence ...... 0910–AG96 110 ...... Mammography Quality Standards Act; Regulatory Amendments ...... 0910–AH04 111 ...... Investigational New Drug Application Annual Reporting ...... 0910–AH07 112 ...... Requirements for Tobacco Product Manufacturing Practice ...... 0910–AH22 113 ...... Use of Ozone Depleting Substances (Section 610 Review) ...... 0910–AH36
FOOD AND DRUG ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
114 ...... Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Includ- 0910–AA49 ing Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs. 115 ...... Postmarketing Safety Reporting Requirements for Human Drug and Biological Products ...... 0910–AA97 116 ...... Medical Gas Containers and Closures; Current Good Manufacturing Practice Requirements ...... 0910–AC53
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FOOD AND DRUG ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation Sequence No. Title Identifier No.
117 ...... Food Labeling: Revision of the Nutrition and Supplement Facts Labels ...... 0910–AF22 118 ...... Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion; 0910–AF23 Dual-Column Labeling; Updating, Modifying, and Establishing Certain RACCs. 119 ...... Abbreviated New Drug Applications and 505(b)(2) ...... 0910–AF97 120 ...... ‘‘Tobacco Products’’ Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family 0910–AG38 Smoking Prevention and Tobacco Control Act. 121 ...... Human Subject Protection; Acceptance of Data From Clinical Investigations for Medical Devices ...... 0910–AG48 122 ...... Focused Mitigation Strategies To Protect Food Against Intentional Adulteration ...... 0910–AG63 123 ...... Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products ...... 0910–AG94 124 ...... Food Labeling; Gluten-Free Labeling of Fermented, Hydrolyzed, or Distilled Foods ...... 0910–AH00 125 ...... General and Plastic Surgery Devices: Sunlamp Products ...... 0910–AH14
FOOD AND DRUG ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
126 ...... Laser Products; Amendment to Performance Standard ...... 0910–AF87 127 ...... Requirements for the Testing and Reporting of Tobacco Product Constituents, Ingredients, and Additives 0910–AG59 128 ...... Radiology Devices; Designation of Special Controls for the Computed Tomography X-Ray System ...... 0910–AH03 129 ...... Regulations on Human Drug Compounding Under Sections 503A and 503B of the Federal Food, Drug, 0910–AH10 and Cosmetic Act.
FOOD AND DRUG ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
130 ...... Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption ...... 0910–AG35 131 ...... Foreign Supplier Verification Program ...... 0910–AG64 132 ...... Sanitary Transportation of Human and Animal Food ...... 0910–AG98
CENTERS FOR MEDICARE & MEDICAID SERVICES—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
133 ...... Hospital and Critical Access Hospital (CAH) Changes to Promote Innovation, Flexibility, and Improvement 0938–AS21 in Patient Care (CMS–3295–P) (Rulemaking Resulting From a Section 610 Review). 134 ...... Merit-Based Incentive Payment System (MIPS) and Alternative Payment Models (APMs) in Medicare 0938–AS69 Fee-for-Service (CMS–5517–P) (Section 610 Review). 135 ...... Hospital Inpatient Prospective Payment System for Acute Care Hospitals and the Long-Term Care Hos- 0938–AS77 pital Prospective Payment System and FY 2017 Rates (CMS–1655–F) (Section 610 Review). 136 ...... CY 2017 Home Health Prospective Payment System Rate Update; Home Health Value-Based Purchasing 0938–AS80 Model; and Home Health Quality Reporting Requirements (Section 610 Review). 137 ...... CY 2017 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medi- 0938–AS81 care Part B (CMS–1654–P) (Section 610 Review). 138 ...... CY 2017 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center 0938–AS82 Payment System Policy Changes and Payment Rates (CMS–1656–P) (Section 610 Review).
CENTERS FOR MEDICARE & MEDICAID SERVICES—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
139 ...... Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers 0938–AO91 (CMS–3178–F) (Section 610 Review). 140 ...... Reform of Requirements for Long-Term Care Facilities (CMS–3260–F) (Rulemaking Resulting From a 0938–AR61 Section 610 Review).
CENTERS FOR MEDICARE & MEDICAID SERVICES—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
141 ...... Conditions of Participation for Home Health Agencies (CMS–3819–F) (Rulemaking Resulting From a 0938–AG81 Section 610 Review).
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CENTERS FOR MEDICARE & MEDICAID SERVICES—LONG-TERM ACTIONS—Continued
Regulation Sequence No. Title Identifier No.
142 ...... Medicare Clinical Diagnostic Laboratory Test Payment System (CMS–1621–F) (Section 610 Review) ..... 0938–AS33 143 ...... Imaging Accreditation (CMS–3309–P) (Section 610 Review) ...... 0938–AS62
CENTERS FOR MEDICARE & MEDICAID SERVICES—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
144 ...... Covered Outpatient Drugs (CMS–2345–FC) (Completion of a Section 610 Review) ...... 0938–AQ41 145 ...... CY 2016 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medi- 0938–AS40 care Part B (CMS–1631–FC) (Completion of a Section 610 Review). 146 ...... CY 2016 Hospital Outpatient PPS Policy Changes and Payment Rates and Ambulatory Surgical Center 0938–AS42 Payment System Policy Changes and Payment Rates (CMS–1633–FC) (Completion of a Section 610 Review). 147 ...... Comprehensive Care for Joint Replacement (CMS–5516–F) (Completion of a Section 610 Review) ...... 0938–AS64
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND National Coordinator for Health HUMAN SERVICES (HHS) HUMAN SERVICES (HHS) Information Technology, Room 729D, Hubert H. Humphrey Building, 200 Office of the National Coordinator for Office for Civil Rights (OCR) Independence Avenue SW., Health Information Technology (ONC) Final Rule Stage Washington, DC 20201, Phone: 202 690– Proposed Rule Stage 7151. 104. Nondiscrimination Under the • RIN: 0955–AA00 Patient Protection and Affordable Care 105. ONC Health IT Certification Act Program: Enhanced Oversight and Accountability Legal Authority: 42 U.S.C. 18116 Legal Authority: Not Yet Determined DEPARTMENT OF HEALTH AND Abstract: This final rule implements Abstract: The rulemaking introduces HUMAN SERVICES (HHS) prohibitions against discrimination on modifications and new requirements Food and Drug Administration (FDA) the basis of race, color, national origin, under the ONC Health IT Certification Proposed Rule Stage sex, age, and disability as provided in Program (‘‘Program’’), including section 1557 of the Affordable Care Act. provisions related to the Office of the 106. Over-the-Counter (OTC) Drug Section 1557 provides protection from National Coordinator for Health Review—Cough/Cold (Antihistamine) discrimination in health programs and Information Technology (ONC)’s role in Products activities of covered entities. This the Program. The proposed rule proposes to establish processes for ONC Legal Authority: 21 U.S.C. 321p; 21 section also identifies additional forms U.S.C. 331; 21 U.S.C. 351 to 353; 21 of Federal financial assistance to which to directly review health IT certified under the Program and take action when U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371 the section will apply. necessary, including requiring the Abstract: FDA will be proposing a Timetable: correction of non-conformities found in rule to add the common cold indication health IT certified under the Program to certain over-the-counter (OTC) Action Date FR Cite and suspending and terminating antihistamine active ingredients. This certifications issued to Complete EHRs proposed rule is the result of NPRM ...... 09/08/15 80 FR 54172 and Health IT Modules. The proposed collaboration under the U.S.-Canada NPRM Comment 11/09/15 rule includes processes for ONC to Regulatory Cooperation Council (RCC) Period End. as part of efforts to reduce unnecessary Final Action ...... 05/00/16 authorize and oversee accredited testing laboratories under the Program. It also duplication and differences. This pilot includes a provision for the increased exercise will help determine the Regulatory Flexibility Analysis transparency and availability of feasibility of developing an ongoing Required: Yes. surveillance results. mechanism for alignment in review and Agency Contact: Eileen Hanrahan, Timetable: adoption of OTC drug monograph Senior Civil Rights Analyst, Department elements. of Health and Human Services, Office Action Date FR Cite Timetable: for Civil Rights, 200 Independence NPRM ...... 03/02/16 81 FR 11056 Action Date FR Cite Avenue SW., Washington, DC 20201, NPRM Comment 05/02/16 Phone: 202 205–4925, Email: Period End. Reopening of Ad- 08/25/00 65 FR 51780 [email protected]. Final Action ...... 10/00/16 ministrative Record. RIN: 0945–AA02 Regulatory Flexibility Analysis Comment Period 11/24/00 Required: Yes. End. Agency Contact: Michael Lipinski, NPRM (Amend- 01/00/17 ment) (Common Policy Analyst, Department of Health Cold). and Human Services, Office of the
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Regulatory Flexibility Analysis 796–3713, Fax: 301 796–9899, Email: RIN: 0910–AG96 Required: Yes. [email protected]. RIN: 0910–AF69 110. Mammography Quality Standards Agency Contact: Janice Adams-King, Act; Regulatory Amendments Regulatory Health Project Manager, 108. Updated Standards for Labeling of Legal Authority: 21 U.S.C. 360i; 21 Department of Health and Human Pet Food Services, Food and Drug U.S.C. 360nn; 21 U.S.C. 374(e); 42 Administration, Center for Drug Legal Authority: 21 U.S.C. 343; 21 U.S.C. 263b Evaluation and Research, WO 22, Room U.S.C. 371; Pub. L. 110–85, sec Abstract: FDA is proposing to amend 5416, 10903 New Hampshire Avenue, 1002(a)(3) its regulations governing Silver Spring, MD 20993, Phone: 301 Abstract: FDA is proposing updated mammography. The amendments would 796–3713, Fax: 301 796–9899, Email: standards for the labeling of pet food update the regulations issued under the [email protected]. that include nutritional and ingredient Mammography Quality Standards Act of information, as well as style and 1992 (MQSA). FDA is taking this action RIN: 0910–AF31 formatting standards. FDA is taking this to address changes in mammography 107. Over-the-Counter (OTC) Drug action to provide pet owners and animal technology and mammography Review—Topical Antimicrobial Drug health professionals more complete and processes that have occurred since the Products consistent information about the regulations were published in 1997 and nutrient content and ingredient to address breast density reporting to Legal Authority: 21 U.S.C. 321p; 21 composition of pet food products. patient and health care providers. U.S.C. 331; 21 U.S.C. 351 to 353; 21 Timetable: Timetable: U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 371 Abstract: The OTC drug review Action Date FR Cite Action Date FR Cite establishes conditions under which OTC drugs are considered generally NPRM ...... 10/00/16 NPRM ...... 08/00/16 recognized as safe and effective, and not misbranded. After a final monograph Regulatory Flexibility Analysis Regulatory Flexibility Analysis (i.e., final rule) is issued, only OTC Required: Yes. Required: Yes. drugs meeting the conditions of the Agency Contact: William Burkholder, Agency Contact: Nancy Pirt, monograph, or having an approved new Veterinary Medical Officer, Department Regulatory Counsel, Department of drug application, may be legally of Health and Human Services, Food Health and Human Services, Food and marketed. This action addresses and Drug Administration, Center for Drug Administration, Center for Devices antimicrobial agents in consumer Veterinary Medicine, MPN–4, Room and Radiological Health, WO 66, Room antiseptic hand wash. 2642, HFV–228, 7519 Standish Place, 4438, 10903 New Hampshire Avenue, Rockville, MD 20855, Phone: 240 402– Silver Spring, MD 20993, Phone: 301 Timetable: 5900, Email: william.burkholder@ 796–6248, Fax: 301 847–8145, Email: Action Date FR Cite fda.hhs.gov. [email protected]. RIN: 0910–AG09 RIN: 0910–AH04 NPRM 06/17/94 59 FR 31402 109. Format and Content of Reports 111. Investigational New Drug (Healthcare). Intended To Demonstrate Substantial Comment Period 12/15/95 Application Annual Reporting End. Equivalence Legal Authority: 21 U.S.C. 321; 21 NPRM (Consumer 12/17/13 78 FR 76443 Legal Authority: 21 U.S.C. 387e(j); 21 U.S.C. 331; 21 U.S.C. 351; 21 U.S.C. 352; Hand Wash U.S.C. 387j(a); secs 905(j) and 910(a) of 21 U.S.C. 353; 21 U.S.C. 355(i); 21 Products). the Federal Food, Drug, and Cosmetic U.S.C. 371(a); 42 U.S.C. 262(a) NPRM (Consumer 06/16/14 Act Abstract: This proposed rule would Hand Wash) Abstract: This regulation would revise the requirements concerning Comment Pe- riod End. establish the format and content of annual reports submitted to NPRM 05/01/15 80 FR 25166 reports intended to demonstrate investigational new drug applications (Healthcare An- substantial equivalence. This regulation (INDs) by replacing the current annual tiseptic). also would provide information as to reporting requirement with a NPRM Comment 10/28/15 how the Agency will review and act on requirement that is generally consistent Period End these submissions. with the format, content, and timing of (Healthcare An- Timetable: submission of the development safety tiseptic). update report devised by the NPRM (Consumer 06/00/16 Action Date FR Cite International Conference on Hand Rub). Harmonization of Technical Final Rule (Con- 09/00/16 NPRM ...... 09/00/16 sumer Hand Requirements for Registration of Wash). Regulatory Flexibility Analysis Pharmaceuticals for Human Use (ICH). Timetable: Required: Yes. Regulatory Flexibility Analysis Agency Contact: Annette L. Marthaler, Action Date FR Cite Required: Yes. Regulatory Counsel, Department of Agency Contact: Janice Adams-King, Health and Human Services, Food and NPRM ...... 10/00/16 Regulatory Health Project Manager, Drug Administration, Center for Department of Health and Human Tobacco Products, Document Control Regulatory Flexibility Analysis Services, Food and Drug Center, Building 71, Room G335, 10903 Required: Yes. Administration, Center for Drug New Hampshire Avenue, Silver Spring, Agency Contact: Ebla Ali Ibrahim, Evaluation and Research, WO 22, Room MD 20993, Phone: 877 287–1373, Fax: Project Manager, Department of Health 5416, 10903 New Hampshire Avenue, 877 287–1426, Email: ctpregulations@ and Human Services, Food and Drug Silver Spring, MD 20993, Phone: 301 fda.hhs.gov. Administration, Center for Drug
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Evaluation and Research, Building 51, membranes of humans where a cannula Abstract: The rule will reorganize, Room 6302, 10903 New Hampshire is used for application. FDA is consolidate, clarify, and modify current Avenue, Silver Spring, MD 20993, proposing this action because regulations concerning who must Phone: 301 796–3691, Email: ebla.ali- alternative products that do not use register establishments and list human [email protected]. ODSs are now available and because drugs, including certain biological RIN: 0910–AH07 these products are no longer being drugs, and animal drugs. These 112. Requirements for Tobacco Product marketed in approved versions that regulations contain information on Manufacturing Practice contain ODSs. On June 29, 2015, FDA when, how, and where to register drug published a notice and request for establishments and list drugs, and what Legal Authority: 21 U.S.C. 371; 21 comment concerning its tentative information must be submitted. They U.S.C. 387b; 21 U.S.C. 387f conclusion that these products are no also address National Drug Codes. Abstract: FDA is proposing longer an essential use under the Clean Timetable: requirements that govern the methods Air Act (80 FR 36937). The Agency used in, and the facilities and controls received no comments concerning Action Date FR Cite used for, the pre-production design removal of essential use designations for validation, manufacture, packing, and sterile aerosol talc and metered-dose NPRM ...... 08/29/06 71 FR 51276 storage of tobacco products. atropine sulfate, and is proposing to NPRM Comment 02/26/07 Timetable: remove these designations by direct Period End. Final Action ...... 07/00/16 final rule and a companion proposed Action Date FR Cite rule in the event adverse comments are Regulatory Flexibility Analysis received. FDA received one comment ANPRM ...... 03/19/13 78 FR 16824 Required: Yes. concerning removal of anesthetic drugs ANPRM Comment 05/20/13 Agency Contact: David Joy, Senior for topical use in response to its 2015 Period End. Regulatory Counsel, Department of NPRM ...... 12/00/16 notice and request for comment, and is Health and Human Services, Food and proposing to remove this exemption Drug Administration, Center for Drug Regulatory Flexibility Analysis through a separate notice. Because these Evaluation and Research, 10903 New Required: Yes. products are not currently sold in the Hampshire Avenue, Building 51, Room Agency Contact: Darin Achilles, approved form, no significant economic 6254, Silver Spring, MD 20993, Phone: Regulatory Counsel, Department of impact is anticipated. Health and Human Services, Food and Timetable: 301 796–2242, Email: david.joy@ Drug Administration, 10903 New fda.hhs.gov. Hampshire Avenue, Document Control Action Date FR Cite RIN: 0910–AA49 Center, Building 71, Room G335, Silver NPRM ...... 08/00/16 115. Postmarketing Safety Reporting Spring, MD 20993, Phone: 877 287– Requirements for Human Drug and 1373, Fax: 301 595–1426, Email: Biological Products [email protected]. Regulatory Flexibility Analysis RIN: 0910–AH22 Required: No. Legal Authority: 42 U.S.C. 216; 42 Agency Contact: Daniel Orr, U.S.C. 241; 42 U.S.C. 242a; 42 U.S.C. • 113. Use of Ozone Depleting Regulatory Counsel, Department of 262 and 263; 42 U.S.C. 263a to 263n; 42 Substances (Section 610 Review) Health and Human Services, Food and U.S.C. 264; 42 U.S.C. 300aa; 21 U.S.C. Legal Authority: 21 U.S.C. 321; 21 Drug Administration, Building 51 Room 321; 21 U.S.C. 331; 21 U.S.C. 351 to 353; U.S.C. 331; 21 U.S.C. 335; 21 U.S.C. 342; 5199, 10993 New Hampshire Avenue, 21 U.S.C. 355; 21 U.S.C. 360; 21 U.S.C. 21 U.S.C. 346a; 21 U.S.C. 348; 21 U.S.C. Silver Spring, MD 20993, Phone: 240 360b to 360j; 21 U.S.C. 361a; 21 U.S.C. 351; 21 U.S.C. 352; 21 U.S.C. 355; 21 402–0979, Email: daniel.orr@ 371; 21 U.S.C. 374; 21 U.S.C. 375; 21 U.S.C. 360b; 21 U.S.C. 361; 21 U.S.C. fda.hhs.gov. U.S.C. 379e; 21 U.S.C. 381 371; 21 U.S.C. 372; 21 U.S.C. 374; 15 RIN: 0910–AH36 Abstract: The final rule would amend U.S.C. 402; 15 U.S.C. 409 the postmarketing expedited and Abstract: The Food and Drug periodic safety reporting regulations for Administration (FDA or the Agency) is DEPARTMENT OF HEALTH AND human drugs and biological products to proposing to amend its regulation (21 HUMAN SERVICES (HHS) revise certain definitions and reporting CFR 2.125) on uses of ozone-depleting formats as recommended by the substances (ODSs), including Food and Drug Administration (FDA) International Conference on chlorofluorocarbons (CFCs), to remove Final Rule Stage Harmonisation and to define new terms; designations for certain products as to add to or revise current reporting essential uses under the Clean Air Act. 114. Requirements for Foreign and requirements; to revise certain reporting Essential-use products are exempt from Domestic Establishment Registration time frames; and to propose other FDA’s ban on the use of CFC propellants and Listing for Human Drugs, Including revisions to these regulations to enhance in FDA-regulated products and the Drugs That Are Regulated Under a the quality of safety reports received by Environmental Protection Agency’s Biologics License Application, and FDA. These revisions were proposed as (EPA’s) ban on the use of CFCs and Animal Drugs part of a single rulemaking (68 FR other ODSs in pressurized dispensers. Legal Authority: 21 U.S.C. 321 and 12406) to clarify and revise both This action, if finalized, will remove 331; 21 U.S.C. 351 to 353; 21 U.S.C. 355 premarketing and postmarketing safety essential use exemptions for sterile to 356c; 21 U.S.C. 360 and 360b; 21 reporting requirements for human drug aerosol talc administered intrapleurally U.S.C. 360c to 360f; 21 U.S.C. 360h to and biological products. FDA plans to by thoracoscopy for human use, 360j; 21 U.S.C. 371 and 374; 21 U.S.C. finalize the premarket and postmarket metered-dose atropine sulfate aerosol 379e and 381; 21 U.S.C. 393; 15 U.S.C. safety reporting requirements in human drugs administered by oral 1451 to 1561; 42 U.S.C. 262 and 264; 42 separate final rules. Premarketing safety inhalation, and anesthetic drugs for U.S.C. 271; and sec 122; Pub. L. 105– reporting requirements were finalized in topical use on accessible mucous 115, 11 Stat. 2322 (21 U.S.C. 355 note) a separate final rule published on
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September 29, 2010 (75 FR 59961). This Action Date FR Cite Action Date FR Cite final rule applies to postmarketing safety reporting requirements. NPRM ...... 04/10/06 71 FR 18039 NPRM Comment 06/02/14 Timetable: NPRM Comment 07/10/06 Period End. Period End. Reopening of 07/27/15 80 FR 44302 Action Date FR Cite Final Action ...... 07/00/16 Comment Pe- riod as to Spe- NPRM ...... 03/14/03 68 FR 12406 Regulatory Flexibility Analysis cific Documents. NPRM Comment 06/18/03 Required: Yes. NPRM Comment 09/25/15 Period Ex- Agency Contact: Patrick Raulerson, Period End as tended. Regulatory Counsel, Department of to Specific Doc- NPRM Comment 07/14/03 Health and Human Services, Food and uments. Period End. Drug Administration, Center for Drug Supplemental 07/27/15 80 FR 44303 NPRM to Solicit NPRM Comment 10/14/03 Evaluation and Research, WO 51, Room Period Exten- Comment on sion End. 6368, 10903 New Hampshire Avenue, Limited Addi- Final Action ...... 03/00/17 Silver Spring, MD 20993–0002, Phone: tional Provi- 301 796–3522, Fax: 301 847–8440, sions. Regulatory Flexibility Analysis Email: [email protected]. Supplemental 10/13/15 Required: Yes. RIN: 0910–AC53 NPRM to Solicit Agency Contact: Jane E. Baluss, Comment on 117. Food Labeling: Revision of the Limited Addi- Regulatory Counsel, Department of Nutrition and Supplement Facts Labels tional Provi- Health and Human Services, Food and Legal Authority: 21 U.S.C. 321; 21 sions Comment Drug Administration, Center for Drug U.S.C. 343; 21 U.S.C. 371 Period End. Evaluation and Research, WO 51, Room Abstract: FDA is amending the Administrative 09/10/15 80 FR 54446 6362, 10903 New Hampshire Avenue, labeling regulations for conventional Docket Update; Extension of Silver Spring, MD 20993–0002, Phone: foods and dietary supplements to 301 796–3469, Fax: 301 847–8440, Comment Pe- provide updated nutrition information riod. Email: [email protected]. on the label to assist consumers in RIN: 0910–AA97 Administrative 10/13/15 maintaining healthy dietary practices. Docket Update; 116. Medical Gas Containers and The rule would modernize the nutrition Comment Pe- Closures; Current Good Manufacturing information found on the Nutrition riod End. Practice Requirements Facts label, as well as the format and NPRM Reopening 10/20/15 80 FR 63477 appearance of the label. On July 27, of Comment Legal Authority: 21 U.S.C. 321; 21 Period for Cer- U.S.C. 351 to 21 U.S.C. 353 2015, FDA issued a supplemental notice of proposed rulemaking accepting tain Documents. Abstract: The Food and Drug NPRM Reopening 10/23/15 Administration is amending its current comments on limited additional of Comment good manufacturing practice regulations provisions until October 13, 2015. Also Period for Cer- and other regulations to clarify and on July 27, 2015, FDA reopened the tain Documents strengthen requirements for the label, comment period on the proposed rule as Comment Pe- color, dedication, and design of medical to specific documents until September riod End. Final Action ...... 05/00/16 gas containers and closures. Despite 25, 2015. In addition, in response to existing regulatory requirements and requests for the raw data related to FDA’s consumer studies on the Regulatory Flexibility Analysis industry standards for medical gases, Required: Yes. there have been repeated incidents in nutrition label, FDA issued a notice on September 10, 2015 to make the raw Agency Contact: Blakeley Fitzpatrick, which cryogenic containers of harmful Interdisciplinary Scientist, Department industrial gases have been connected to data available for comment until October 13, 2015 and extended the of Health and Human Services, Food medical oxygen supply systems in and Drug Administration, Center for hospitals and nursing homes and comment period for the July 27, 2015 reopening as to specific documents to Food Safety and Applied Nutrition, subsequently administered to patients. HFS–830, 5100 Paint Branch Parkway, These incidents have resulted in death October 13, 2015. On October 20, 2015, FDA extended the comment period for College Park, MD 20740, Phone: 240 and serious injury. There have also been 402–5429, Email: several incidents involving high- the consumer studies and the supplemental proposal to October 23, [email protected]. pressure medical gas cylinders that have RIN: 0910–AF22 resulted in death and injuries to 2015. Timetable: patients. These amendments, together 118. Food Labeling: Serving Sizes of Foods That Can Reasonably Be with existing regulations, are intended Action Date FR Cite to ensure that the types of incidents that Consumed at One Eating Occasion; have occurred in the past, as well as ANPRM ...... 07/11/03 68 FR 41507 Dual—Column Labeling; Updating, other types of foreseeable and ANPRM Comment 10/09/03 Modifying, and Establishing Certain potentially deadly medical gas Period End. RACCS accidents, do not occur in the future. Second ANPRM .. 04/04/05 70 FR 17008 Legal Authority: 21 U.S.C. 321; 21 FDA has described a number of Second ANPRM 06/20/05 U.S.C. 343; 21 U.S.C. 371; Pub. L. 101– proposals in the proposed rule Comment Pe- riod End. 535, sec 2(b)(1)(A) including requiring that gas use outlet Third ANPRM ...... 11/02/07 72 FR 62149 Abstract: FDA is amending its connections on portable cryogenic Third ANPRM 01/31/08 labeling regulations for foods to provide medical gas containers be securely Comment Pe- update, modify, and establish Reference attached to the valve body. riod End. Amounts Customarily Consumed Timetable: NPRM ...... 03/03/14 79 FR 11879 (RACCs) for certain food categories. This
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rule would provide consumers with Action Date FR Cite Center, Building 71, Room G335, 10903 nutrition information based on the New Hampshire Avenue, Silver Spring, amount of food that is customarily NPRM Comment 04/24/15 80 FR 22953 MD 20993, Phone: 877 287–1373, Fax: consumed, which would assist Period Ex- 301 595–1426, Email: ctpregulations@ consumers in maintaining healthy tended. fda.hhs.gov. dietary practices. In addition to NPRM Comment 06/08/15 RIN: 0910–AG38 Period Ex- updating, modifying, and establishing tended End. 121. Human Subject Protection; certain RACCs, FDA is amending the Final Action ...... 08/00/16 Acceptance of Data From Clinical definition of a single-serving containers; Investigations for Medical Devices amending the label serving size for Regulatory Flexibility Analysis Legal Authority: 21 U.S.C. 321; 21 breath mints; and providing for dual- Required: Yes. column labeling under certain Agency Contact: Janice L. Weiner, U.S.C. 331; 21 U.S.C. 351; 21 U.S.C. 352; 21 U.S.C. 360; 21 U.S.C. 360c; 21 U.S.C. circumstances, which would provide Senior Regulatory Counsel, Department 360e; 21 U.S.C. 360i; 21 U.S.C. 360j; 21 nutrition information per serving and of Health and Human Services, Food U.S.C. 371; 21 U.S.C. 374; 21 U.S.C. 381; per container or unit, as applicable; and and Drug Administration, Center for 21 U.S.C. 393; 42 U.S.C. 264; 42 U.S.C. making technical amendments to Drug Evaluation and Research, Building 271; . . . various aspects fo the serving size 51, Room 6268, 10903 New Hampshire Abstract: This rule will amend FDA’s regulations. Avenue, Silver Spring, MD 20993–0002, regulations on acceptance of data for Timetable: Phone: 301 796–3601, Fax: 301 847– medical devices to require that clinical 8440, Email: [email protected]. investigations submitted in support of a Action Date FR Cite RIN: 0910–AF97 premarket approval application, ANPRM ...... 04/04/05 70 FR 17010 120. ‘‘Tobacco Products’’ Subject to the humanitarian device exemption ANPRM Comment 06/20/05 Federal Food, Drug, and Cosmetic Act, application, an investigational device Period End. as Amended by the Family Smoking exemption application, or a premarket NPRM/Comment 03/03/14 79 FR 11989 Prevention and Tobacco Control Act notification submission be conducted in Period Ex- accordance with good clinical practice if tended. Legal Authority: 21 U.S.C. 301 et seq.; NPRM Comment 06/02/14 The Federal Food, Drug, and Cosmetic conducted outside the United States. Period End. Act; Pub. L. 111–31; The Family Timetable: NPRM Comment 05/27/14 79 FR 29699 Smoking Prevention and Tobacco Action Date FR Cite Period Ex- Control Act tended. Abstract: The Family Smoking NPRM Comment 08/01/14 NPRM ...... 02/25/13 78 FR 12664 Prevention and Tobacco Control Act NPRM Comment 05/28/13 Period End. (Tobacco Control Act) provides the Period End. Final Action ...... 05/00/16 Food and Drug Administration (FDA) Final Action ...... 05/00/16 Regulatory Flexibility Analysis authority to regulate cigarettes, cigarette Regulatory Flexibility Analysis Required: Yes. tobacco, roll-your-own tobacco, and Required: Yes. Agency Contact: Cherisa Henderson, smokeless tobacco. The Federal Food, Agency Contact: Soma Kalb, Nutritionist, Department of Health and Drug, and Cosmetic Act (FD&C Act), as Biomedical Engineer, Department of Human Services, Food and Drug amended by the Tobacco Control Act, Health and Human Services, Food and Administration, HFS–830, 5100 Paint permits FDA to issue regulations Drug Administration, Center for Devices Branch Parkway, College Park, MD deeming other tobacco products to be and Radiological Health, Building 66, 20740, Phone: 240 402–5429, Fax: 301 subject to the FD&C Act. This rule Room 1534, 10903 New Hampshire 436–1191, Email: would deem additional products Avenue, Silver Spring, MD 20993, [email protected]. meeting the statutory definition of Phone: 301 796–6359, Email: RIN: 0910–AF23 ‘‘tobacco product’’ to be subject to the FD&C Act, and would specify additional [email protected]. 119. Abbreviated New Drug restrictions. RIN: 0910–AG48 Applications and 505(B)(2) Timetable: 122. Focused Mitigation Strategies To Legal Authority: Pub. L. 108–173, title Protect Food Against Intentional XI; 21 U.S.C. 355; 21 U.S.C. 371 Action Date FR Cite Adulteration Abstract: This proposed rule would NPRM ...... 04/25/14 79 FR 23142 Legal Authority: 21 U.S.C. 331; 21 make changes to certain procedures for NPRM Comment 07/09/14 U.S.C. 342; 21 U.S.C. 350g; 21 U.S.C. Abbreviated New Drug Applications Period End. 350i; 21 U.S.C. 371; 21 U.S.C. 374; Pub. and related applications to patent NPRM Comment 06/24/14 79 FR 35711 L. 111–353 certifications, notice to patent owners Period Ex- Abstract: This rule would require and application holders, the availability tended. domestic and foreign food facilities that of a 30-month stay of approval, NPRM Comment 08/08/14 Period Ex- are required to register under the amendments and supplements, and the Federal Food, Drug, and Cosmetic Act to types of bioavailability and tended End. Final Action ...... 05/00/16 address hazards that may be bioequivalence data that can be used to intentionally introduced by acts of support these applications. Regulatory Flexibility Analysis terrorism. These food facilities would be Timetable: Required: Yes. required to identify and implement Action Date FR Cite Agency Contact: Gerie Voss, Senior focused mitigation strategies to Regulatory Counsel, Department of significantly minimize or prevent NPRM ...... 02/06/15 80 FR 6802 Health and Human Services, Food and significant vulnerabilities identified at NPRM Comment 05/07/15 Drug Administration, Center for actionable process steps in a food Period End. Tobacco Products, Document Control operation.
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Timetable: of Health and Human Services, Food 5515, 10903 New Hampshire Avenue, and Drug Administration, Center for Silver Spring, MD 20993, Phone: 301 Action Date FR Cite Drug Evaluation and Research, Building 796–5678, Email: ian.ostermiller@ 51, Room 6268, 10903 New Hampshire fda.hhs.gov. NPRM ...... 12/24/13 78 FR 78014 Avenue, Silver Spring, MD 20993–0002, RIN: 0910–AH14 NPRM Comment 03/25/14 79 FR 16251 Period Ex- Phone: 301 796–3601, Fax: 301 847– tended. 8440, Email: [email protected]. RIN: 0910–AG94 NPRM Comment 03/31/14 DEPARTMENT OF HEALTH AND Period End. 124. Food Labeling; Gluten-Free HUMAN SERVICES (HHS) NPRM Comment 06/30/14 Labeling of Fermented, Hydrolyzed, or Period Ex- Food and Drug Administration (FDA) tended End. Distilled Foods Final Rule ...... 06/00/16 Legal Authority: sec 206 of the Food Long-Term Actions Allergen Labeling and Consumer 126. Laser Products; Amendment to Regulatory Flexibility Analysis Protection Act; 21 U.S.C. 343(a)(1); 21 Performance Standard Required: Yes. U.S.C. 321(n); 21 U.S.C. 371(a) Agency Contact: Jody Menikheim, Abstract: This proposed rule would Legal Authority: 21 U.S.C. 360hh to Supervisory General Health Scientist, establish requirements concerning 360ss; 21 U.S.C. 371; 21 U.S.C. 393 Department of Health and Human compliance for using a ‘‘gluten-free’’ Abstract: FDA is proposing to amend Services, Food and Drug labeling claim for those foods for which the 2013 proposed rule for the Administration, Center for Food Safety there is no scientifically valid analytical performance standard for laser products, and Applied Nutrition (HFS–005), 5100 method available that can reliably detect which will amend the performance Paint Branch Parkway, College Park, MD and accurately quantify the presence of standard for laser products to achieve 20740, Phone: 240 402–1864, Fax: 301 20 parts per million (ppm) gluten in the closer harmonization between the 436–2633, Email: fooddefense@ food. current standard and the recently fda.hhs.gov. Timetable: amended International Electrotechnical RIN: 0910–AG63 Commission (IEC) standard for laser Action Date FR Cite products and medical laser products. 123. Supplemental Applications The amendment is intended to update Proposing Labeling Changes for NPRM ...... 11/18/15 80 FR 71990 FDA’s performance standard to reflect Approved Drugs and Biological NPRM Comment 02/16/16 81 FR 3751 advancements in technology. Products Period Re- Timetable: Legal Authority: 21 U.S.C. 321; 21 opened. Comment Period 02/22/16 81 FR 8869 Action Date FR Cite U.S.C. 331; 21 U.S.C. 352; 21 U.S.C. 353; Extended. 21 U.S.C. 355; 21 U.S.C. 371; 42 U.S.C. Final Action ...... 04/00/17 262; . . . NPRM ...... 06/24/13 78 FR 37723 NPRM Comment 09/23/13 Abstract: This rule would amend the Regulatory Flexibility Analysis Period End. regulations regarding new drug Required: Yes. NPRM (Repro- 06/00/17 applications (NDAs), abbreviated new Agency Contact: Carol D’Lima, Staff posal). drug applications (ANDAs), and Fellow, Department of Health and biologics license application (BLAs) to Human Services, Food and Drug Regulatory Flexibility Analysis revise and clarify procedures for Administration, Center for Food Safety Required: Yes. changes to the labeling of an approved and Applied Nutrition, Room 4D022, Agency Contact: Erica Blake, drug to reflect certain types of newly HFS 820, 5100 Paint Branch Parkway, Regulatory Counsel, Department of acquired information in advance of College Park, MD 20740, Phone: 240 Health and Human Services, Food and FDA’s review of such change. 402–2371, Fax: 301 436–2636, Email: Drug Administration, Center for Devices Timetable: [email protected]. and Radiological Health, WO 66, Room RIN: 0910–AH00 4426, 10903 New Hampshire Avenue, Action Date FR Cite Silver Spring, MD 20993, Phone: 301 125. General and Plastic Surgery 796–6248, Fax: 301 847–8145, Email: NPRM ...... 11/13/13 78 FR 67985 Devices: Sunlamp Products NPRM Comment 12/27/13 78 FR 78796 [email protected]. Period Ex- Legal Authority: 21 U.S.C. 360j(e) RIN: 0910–AF87 Abstract: This proposed rule would tended. 127. Requirements for the Testing and NPRM Comment 01/13/14 apply device restrictions to sunlamp Period End. products. Reporting of Tobacco Product NPRM Comment 03/13/14 Timetable: Constituents, Ingredients, and Period Ex- Additives tended End. Action Date FR Cite Legal Authority: 21 U.S.C. 301 et seq.; NPRM Comment 02/18/15 80 FR 8577 NPRM ...... 12/22/15 80 FR 79493 21 U.S.C. 387; The Family Smoking Period Re- Prevention and Tobacco Control Act opened. NPRM Comment 03/21/16 NPRM Comment 04/27/15 Period End. Abstract: The Federal Food, Drug, and Period Re- Final Action ...... 11/00/16 Cosmetic Act, as amended by the opened End. Family Smoking Prevention and Final Rule ...... 04/00/17 Regulatory Flexibility Analysis Tobacco Control Act, requires the Food Required: Yes. and Drug Administration to promulgate Regulatory Flexibility Analysis Agency Contact: Ian Ostermiller, regulations that require the testing and Required: Yes. Regulatory Counsel, Department of reporting of tobacco product Agency Contact: Janice L. Weiner, Health and Human Services, Food and constituents, ingredients, and additives, Senior Regulatory Counsel, Department Drug Administration, Building 66 Room including smoke constituents, that the
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Agency determines should be tested to 129. Regulations on Human Drug Action Date FR Cite protect the public health. Compounding Under Sections 503A Timetable: and 503B of the Federal Food, Drug, NPRM Comment 08/09/13 78 FR 48637 and Cosmetic Act Period Ex- Action Date FR Cite tended. Legal Authority: 21 U.S.C. 353a; 21 NPRM Comment 11/15/13 NPRM ...... 06/00/17 U.S.C. 353b; 21 U.S.C. 371 Period Ex- Abstract: FDA will propose tended End. regulations to define and implement Notice of Intent 08/19/13 78 FR 50358 Regulatory Flexibility Analysis certain statutory conditions under To Prepare an Required: Yes. which compounded products may Environmental Agency Contact: Laura Rich, Senior qualify for exemptions from certain Impact State- ment for the Regulatory Counsel, Department of requirements. Health and Human Services, Food and Proposed Rule. Timetable: Notice of Intent 11/15/13 Drug Administration, Center for To Prepare En- Tobacco Products, Building 71, G335, Action Date FR Cite vironmental Im- 10903 New Hampshire Avenue, Silver pact Statement Spring, MD 20993, Phone: 877 287– NPRM ...... 12/00/17 for the Pro- 1373, Email: ctpregulations@ posed Rule fda.hhs.gov. Regulatory Flexibility Analysis Comment Pe- Required: Yes. RIN: 0910–AG59 riod End. Agency Contact: Sarah Rothman, NPRM Comment 11/20/13 78 FR 69605 128. Radiology Devices; Designation of Consumer Safety Officer, Department of Period Ex- Special Controls for the Computed Health and Human Services, Food and tended. Tomography X-Ray System Drug Administration, Center for Drug NPRM Comment 11/22/13 Evaluation and Research, Building 51, Period Ex- tended End. Legal Authority: 21 U.S.C. 360c Room 5197, 10903 New Hampshire Abstract: The proposed rule would Environmental Im- 03/11/14 79 FR 13593 Avenue, Silver Spring, MD 20993, pact Statement establish special controls for the Phone: 301 796–3536, Email: for the Pro- computed tomography (CT) X-ray [email protected]. posed Rule; system. A CT X-ray system is a RIN: 0910–AH10 Comment Pe- diagnostic X-ray imaging system riod Extended. intended to produce cross-sectional Environmental Im- 04/18/14 images of the body through use of a pact Statement computer to reconstruct an image from DEPARTMENT OF HEALTH AND for the Pro- the same axial plane taken at different HUMAN SERVICES (HHS) posed Rule; angles. High doses of ionizing radiation Comment Pe- Food and Drug Administration (FDA) riod Extended can cause acute (deterministic) effects Completed Actions End. such as burns, reddening of the skin, Supplemental 09/29/14 79 FR 58433 cataracts, hair loss, sterility, and, in 130. Standards for the Growing, NPRM. extremely high doses, radiation Harvesting, Packing, and Holding of Supplemental 12/15/14 poisoning. The design of a CT X-ray Produce for Human Consumption NPRM Com- system should balance the benefits of ment Period the device (i.e., the ability of the device Legal Authority: 21 U.S.C. 342; 21 End. to produce a diagnostic quality image) U.S.C. 350h; 21 U.S.C. 371; 42 U.S.C. Final Action— 01/14/15 80 FR 1852 with the known risks (e.g., exposure to 264; Pub. L. 111–353 (signed on January Draft Environ- mental Impact ionizing radiation). FDA is establishing 4, 2011) Abstract: This rule will establish Statement. proposed special controls, which are Final Action— 03/13/15 necessary to provide reasonable science-based minimum standards for the safe production and harvesting of Draft Environ- assurance of the safety and effectiveness mental Impact of a class II CT X-ray system. those types of fruits and vegetables that Statement are raw agricultural commodities for Timetable: Comment Pe- which the Secretary has determined that riod End. such standards minimize the risk of Action Date FR Cite Final Action Effec- 01/26/16 serious adverse health consequences or tive. NPRM ...... 05/00/17 death. The purpose of the rule is to Final Rule ...... 11/27/15 80 FR 74353 reduce the risk of illness associated with Regulatory Flexibility Analysis Regulatory Flexibility Analysis fresh produce. Timetable: Required: Yes. Required: Yes. Agency Contact: Samir Assar, Agency Contact: Erica Blake, Action Date FR Cite Supervisory Consumer Safety Officer, Regulatory Counsel, Department of Department of Health and Human Health and Human Services, Food and NPRM ...... 01/16/13 78 FR 3503 Services, Food and Drug Drug Administration, Center for Devices NPRM Comment 05/16/13 Administration, Center for Food Safety and Radiological Health, WO 66, Room Period End. NPRM Comment 04/26/13 78 FR 24692 and Applied Nutrition, Office of Food 4426, 10903 New Hampshire Avenue, Safety, 5100 Paint Branch Parkway, Silver Spring, MD 20993, Phone: 301 Period Ex- tended. College Park, MD 20740, Phone: 240 796–6248, Fax: 301 847–8145, Email: NPRM Comment 09/16/13 402–1636, Email: samir.assar@ [email protected]. Period Ex- fda.hhs.gov. RIN: 0910–AH03 tended End. RIN: 0910–AG35
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131. Foreign Supplier Verification Action Date FR Cite Security Boulevard, Baltimore, MD Program 21244, Phone: 410 786–9465, Email: Legal Authority: 21 U.S.C. 384a; title NPRM ...... 02/05/14 79 FR 7005 [email protected]. NPRM Comment 05/23/14 79 FR 29699 RIN: 0938–AS21 III, sec 301 of FDA Food Safety Period Ex- Modernization Act; Pub. L. 111–353, tended. 134. Merit-Based Incentive Payment establishing sec 805 of the Federal Food, NPRM Comment 05/31/14 System (MIPS) and Alternative Drug, and Cosmetic Act (FD&C Act) Period End. Payment Models (APMS) in Medicare Abstract: This rule describes what a NPRM Comment 07/30/14 Fee-For-Service (CMS–5517–P) (Section food importer must do to verify that its Period Ex- 610 Review) foreign suppliers produce food that is as tended End. safe as food produced in the United Final Rule ...... 04/06/16 81 FR 20092 Legal Authority: Pub. L. 114–10, sec States. FDA is taking this action to Final Rule Effec- 06/06/16 101 tive. improve the safety of food that is Abstract: This proposed rule would implement provisions of the Medicare imported into the United States. Regulatory Flexibility Analysis Timetable: Access and CHIP Reauthorization Act Required: Yes. (MACRA) related to MIPS and APMs. Agency Contact: Michael E. Kashtock, Action Date FR Cite Section 101 of MACRA authorizes a Supervisory Consumer Safety Officer, new MIPS, which repeals the Medicare NPRM ...... 07/29/13 78 FR 45729 Department of Health and Human sustainable growth rate and improves NPRM Comment 11/26/13 Services, Food and Drug Medicare payments for physician Period End. Administration, Center for Food Safety services. MACRA consolidates the NPRM Comment 11/20/13 78 FR 69602 and Applied Nutrition, Office of Food current programs of the Physician Period Ex- Safety, 5100 Paint Branch Parkway, Quality Reporting System, the Value- tended. College Park, MD 20740, Phone: 240 Based Modifier, and the Electronic NPRM Comment 01/27/14 402–2022, Fax: 301 346–2632, Email: Period Ex- Health Records Incentive Program into tended End. [email protected]. one program, MIPS, that streamlines Supplemental 09/29/14 79 FR 58573 RIN: 0910–AG98 and improves on the three distinct NPRM. incentive programs. Additionally, Supplemental 12/15/14 MACRA authorizes incentive payments NPRM Com- DEPARTMENT OF HEALTH AND for providers who participate in eligible ment Period HUMAN SERVICES (HHS) APMs. End. Timetable: Final Rule ...... 11/27/15 80 FR 74225 Centers for Medicare & Medicaid Final Rule Effec- 01/27/16 Services (CMS) tive. Action Date FR Cite Proposed Rule Stage NPRM ...... 05/09/16 81 FR 28161 Regulatory Flexibility Analysis 133. Hospital and Critical Access NPRM Comment 06/27/16 Required: Yes. Hospital (CAH) Changes to Promote Period End. Agency Contact: Brian L. Pendleton, Innovation, Flexibility, and Senior Policy Advisor, Department of Improvement in Patient Care (CMS– Regulatory Flexibility Analysis Health and Human Services, Food and 3295–P) (Rulemaking Resulting From a Required: Yes. Drug Administration, Office of Policy, Section 610 Review) Agency Contact: James Sharp, Health WO 32, Room 4245, 10903 New Insurance Specialist, Department of Hampshire Avenue, Silver Spring, MD Legal Authority: 42 U.S.C. 1302; 42 Health and Human Services, Centers for 20993–0002, Phone: 301 796–4614, Fax: U.S.C. 1395hh and 1395rr Medicare & Medicaid Services, Center Abstract: This proposed rule would 301 847–8616, Email: brian.pendleton@ for Medicare & Medicaid Innovation update the requirements that hospitals fda.hhs.gov. Center, MS: WB–06–05, 7500 Security and Critical Access Hospitals (CAHs) RIN: 0910–AG64 Boulevard, Baltimore, MD 21244, must meet to participate in the Medicare Phone: 410 786–7388, Email: 132. Sanitary Transportation of Human and Medicaid programs. These [email protected]. and Animal Food proposals are intended to conform the RIN: 0938–AS69 Legal Authority: 21 U.S.C. 350e; 21 requirements to current standards of U.S.C. 373; 21 U.S.C. 331; 21 U.S.C. 342; practice and to support improvements 135. Hospital Inpatient Prospective 21 U.S.C. 371; . . . in quality of care, reduce barriers to Payment System for Acute Care Abstract: This rule would establish care, and reduce some issues that may Hospitals and the Long-Term Care requirements for parties including exacerbate workforce shortage concerns. Hospital Prospective Payment System shippers, carriers by motor vehicle or Timetable: and FY 2017 Rates (CMS–1655–F) rail vehicle, and receivers engaged in (Section 610 Review) Action Date FR Cite the transportation of food, including Legal Authority: 42 U.S.C. 1302; 42 food for animals, to use sanitary NPRM ...... 05/00/16 U.S.C. 1395hh transportation practices to ensure that Abstract: This annual final rule food is not transported under conditions Regulatory Flexibility Analysis revises the Medicare hospital inpatient that may render the food adulterated. Required: No. and long-term care hospital prospective Timetable: Agency Contact: CDR Scott Cooper, payment systems for operating and Action Date FR Cite Senior Technical Advisor, Department capital-related costs. This rule of Health and Human Services, Centers implements changes arising from our ANPRM ...... 04/30/10 75 FR 22713 for Medicare & Medicaid Services, continuing experience with these ANPRM Comment 08/30/10 Center for Clinical Standards and systems. Period End. Quality, Mail Stop S3–01–02, 7500 Timetable:
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Action Date FR Cite would apply to services furnished DEPARTMENT OF HEALTH AND beginning January 1, 2017. HUMAN SERVICES (HHS) NPRM ...... 04/27/16 81 FR 24946 Timetable: NPRM Comment 06/17/16 Centers for Medicare & Medicaid Period End. Services (CMS) Action Date FR Cite Final Action ...... 08/00/16 Final Rule Stage NPRM ...... 06/00/16 Regulatory Flexibility Analysis 139. Emergency Preparedness Required: Yes. Requirements for Medicare and Agency Contact: Donald Thompson, Regulatory Flexibility Analysis Medicaid Participating Providers and Deputy Director, Division of Acute Care, Required: Yes. Suppliers (CMS–3178–F) (Section 610 Department of Health and Human Agency Contact: Ryan Howe, Director, Review) Services, Centers for Medicare & Division of Practitioner Services, Legal Authority: 42 U.S.C. 1821; 42 Medicaid Services, Center for Medicare, Department of Health and Human U.S.C. 1861ff (3)(B)(i)(ii); 42 U.S.C. MS: C4–01–26, 7500 Security Services, Centers for Medicare & 1913(c)(1) et al Boulevard, Baltimore, MD 21244, Medicaid Services, Center for Medicare, Abstract: This rule finalizes Phone: 410 786–6504, Email: MS: C4–01–15, 7500 Security emergency preparedness requirements [email protected]. Boulevard, Baltimore, MD 21244, for Medicare and Medicaid participating RIN: 0938–AS77 Phone: 410 786–3355, Email: providers and suppliers to ensure that 136. CY 2017 Home Health Prospective [email protected]. they adequately plan for both natural and man-made disasters and coordinate Payment System Rate Update; Home RIN: 0938–AS81 Health Value-Based Purchasing Model; with Federal, State, tribal, regional, and and Home Health Quality Reporting 138. CY 2017 Hospital Outpatient PPS local emergency preparedness systems. Requirements (Section 610 Review) Policy Changes and Payment Rates and This rule ensures providers and Ambulatory Surgical Center Payment suppliers are adequately prepared to Legal Authority: 42 U.S.C. 1302; 42 meet the needs of patients, residents, U.S.C. 1395hh System Policy Changes and Payment Rates (CMS–1656–P) (Section 610 clients, and participants during Abstract: This annual proposed rule disasters and emergency situations. Review) would update the 60-day national Timetable: episode rate, the national per-visit rates Legal Authority: 42 U.S.C. 1302; 42 used to calculate low utilization U.S.C. 1395hh Action Date FR Cite payment adjustments (LUPAs), and outlier payments under the Medicare Abstract: This annual proposed rule NPRM ...... 12/27/13 78 FR 79082 prospective payment system for home would revise the Medicare hospital NPRM Comment 02/21/14 79 FR 9872 Period Ex- health agencies. The rule would also outpatient prospective payment system to implement statutory requirements tended. update the provisions of the Home NPRM Comment 03/31/14 Health Value-Based Purchasing and changes arising from our continuing Period End. (HHVBP) program. experience with this system. The rule Final Action ...... 12/00/16 Timetable: describes changes to the amounts and factors used to determine payment rates Regulatory Flexibility Analysis Action Date FR Cite for services. In addition, the rule would Required: Yes. change the ambulatory surgical center Agency Contact: Janice Graham, NPRM ...... 06/00/16 payment system list of services and Health Insurance Specialist, Department rates. of Health and Human Services, Centers Regulatory Flexibility Analysis for Medicare & Medicaid Services, Required: Yes. Timetable: Center for Clincial Standards and Agency Contact: Hillary Loeffler, Quality, Mail Stop S3–02–01, 7500 Action Date FR Cite Deputy Director, Division of Home Security Boulevard, Baltimore, MD Health and Hospice, Department of NPRM ...... 07/00/16 21244–1850, Phone: 410 786–8020, Health and Human Services, Centers for Email: [email protected]. Medicare & Medicaid Services, Center RIN: 0938–AO91 for Medicare, MS: C5–07–22, 7500 Regulatory Flexibility Analysis Security Boulevard, Baltimore, MD Required: Yes. 140. Reform of Requirements for Long– Term Care Facilities (CMS–3260–F) 21244, Phone: 410 786–0456, Email: Agency Contact: Marjorie Baldo, [email protected]. (Rulemaking Resulting From a Section Health Insurance Specialist, Department 610 Review) RIN: 0938–AS80 of Health and Human Services, Centers Legal Authority: Pub. L. 111–148, sec 137. CY 2017 Revisions to Payment for Medicare & Medicaid Services, 6102; 42 U.S.C. 263a; 42 U.S.C. 1302; 42 Policies Under the Physician Fee Center for Medicare, MS: C4–03–06, U.S.C. 1395hh; 42 U.S.C. 1395rr Schedule and Other Revisions to 7500 Security Boulevard, Baltimore, MD Abstract: This final rule revises the Medicare Part B (CMS–1654–P) (Section 21244, Phone: 410 786–4617, Email: requirements that long-term care 610 Review) [email protected]. facilities must meet to participate in the Legal Authority: 42 U.S.C. 1302; 42 RIN: 0938–AS82 Medicare and Medicaid programs. U.S.C. 1395hh; Pub. L. 114–10 These changes are necessary to reflect Abstract: This annual proposed rule the substantial advances that have been would revise payment polices under the made over the past several years in the Medicare physician fee schedule, and theory and practice of service delivery make other policy changes to payment and safety. The rule is also an integral under Medicare Part B. These changes part of CMS efforts to achieve broad-
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based improvements both in the quality Action Date FR Cite 143. Imaging Accreditation (CMS– of health care furnished through federal 3309–P) (Section 610 Review) programs, and in patient safety, while at NPRM ...... 03/10/97 62 FR 11005 Legal Authority: 42 U.S.C. 1395hh; 42 NPRM Comment 06/09/97 the same time reducing procedural U.S.C. 1102 burdens on providers. Period End. Second NPRM .... 10/09/14 79 FR 61163 Abstract: This proposed rule would Timetable: NPRM Comment 12/01/14 79 FR 71081 establish standards for Imaging Period Ex- Accreditation. These proposed Action Date FR Cite tended. standards would address qualifications NPRM Comment 12/08/14 for clinical personnel, standards to NPRM ...... 07/16/15 80 FR 42167 Period End. NPRM Comment 09/15/15 80 FR 55284 ensure that suppliers have established NPRM Comment 01/07/15 policies and procedures governing the Period Exten- Period Ex- sion. use of equipment in furnishing the tended End. technical component of advanced NPRM Comment 09/14/15 Final Action ...... 10/00/17 Period End. diagnostic imaging, and the NPRM Comment 10/14/15 establishment and maintenance of a Period Ex- Regulatory Flexibility Analysis quality assurance and quality control tended End. Required: No. program to ensure reliability, clarity, Final Action ...... 09/00/16 Agency Contact: Danielle Shearer, and accuracy of the diagnostic images. Health Insurance Specialist, Department Timetable: Regulatory Flexibility Analysis of Health and Human Services, Centers Required: Yes. for Medicare & Medicaid Services, Action Date FR Cite Agency Contact: Ronisha Blackstone, Center for Clinical Standards & Quality, Health Insurance Specialist, Department 7500 Security Boulevard, MS: S3–02– NPRM ...... To Be Determined of Health and Human Services, Centers 01, Baltimore, MD 21244, Phone: 410 Regulatory Flexibility Analysis for Medicare & Medicaid Services, 786–6617, Email: danielle.shearer@ Required: Yes. Center for Clinical Standards and cms.hhs.gov. Agency Contact: Sonia Swancy, Quality, MS: S3–02–01, 7500 Security RIN: 0938–AG81 Health Insurance Specialist, Department Boulevard, Baltimore, MD 21244, 142. Medicare Clinical Diagnostic of Health and Human Services, Centers Phone: 410 786–6882, Email: Laboratory Test Payment System (CMS– for Medicare & Medicaid Services, [email protected]. 1621–F) (Section 610 Review) Center for Clinical Standards and RIN: 0938–AR61 Quality, MS: S3–02–01, 7500 Security Legal Authority: Pub. L. 113–93, sec Boulevard, Baltimore, MD 21244, 216 Phone: 410 786–8445, Email: Abstract: This final rule revises the DEPARTMENT OF HEALTH AND [email protected]. Medicare payment system for clinical HUMAN SERVICES (HHS) RIN: 0938–AS62 diagnostic laboratory tests and Long-Term Actions implements other changes required by section 216 of the Protecting Access to Centers for Medicare & Medicaid Medicare Act of 2014. DEPARTMENT OF HEALTH AND Services (CMS) Timetable: HUMAN SERVICES (HHS) 141. Conditions of Participation for Completed Actions Home Health Agencies (CMS–3819–F) Action Date FR Cite (Rulemaking Resulting From a Section Centers for Medicare & Medicaid 610 Review) NPRM ...... 10/01/15 80 FR 59385 Services (CMS) NPRM Comment 11/25/15 Legal Authority: 42 U.S.C. 1302; 42 Period End. 144. Covered Outpatient Drugs (CMS– U.S.C. 1395x; 42 U.S.C. 1395cc(a); 42 Final Action ...... 10/00/18 2345–FC) (Completion of a Section 610 U.S.C. 1395hh; 42 U.S.C. 1395bb Review) Abstract: This final rule revises the Regulatory Flexibility Analysis Legal Authority: Pub. L. 111–48, sec conditions of participation (CoPs) that Required: Yes. 2501; Pub. L. 111–48, 2503; Pub. L. 111– home health agencies (HHAs) must meet Agency Contact: Valerie Miller, 48, 3301(d)(2); Pub. L. 111–152, sec in order to participate in the Medicare Deputy Director, Division of 1206; Pub. L. 111–8, sec 221 and Medicaid programs. The Ambulatory Services, Department of Abstract: This final rule revises requirements focus on the care Health and Human Services, Centers for requirements pertaining to Medicaid delivered to patients by HHAs, reflect Medicare & Medicaid Services, Center reimbursement for covered outpatient an interdisciplinary view of patient for Medicare, Mail Stop C4–01–26, 7500 drugs to implement provisions of the care, allow HHAs greater flexibility in Security Boulevard, Baltimore, MD Affordable Care Act. This rule also meeting quality care standards, and 21244, Phone: 410 786–4535, Email: revises other requirements related to eliminate unnecessary procedural [email protected]. covered outpatient drugs, including key requirements. These changes are an Sarah Harding, Health Insurance aspects of Medicaid coverage, payment, integral part of our overall effort to Specialist, Department of Health and and the drug rebate program. achieve broad-based, measurable Human Services, Centers for Medicare & Timetable: improvements in the quality of care Medicaid Services, Center for Medicare, furnished through the Medicare and MS: C4–01–26, 7500 Security Action Date FR Cite Medicaid programs, while at the same Boulevard, Baltimore, MD 21244, NPRM ...... 02/02/12 77 FR 5318 time eliminating unnecessary Phone: 410 786–4535, Email: NPRM Comment 04/02/12 procedural burdens on providers. [email protected]. Period End. Timetable: RIN: 0938–AS33 Final Action ...... 02/01/16 81 FR 5170
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Action Date FR Cite Department of Health and Human 147. Comprehensive Care for Joint Services, Centers for Medicare & Replacement (CMS–5516–F) Final Action Effec- 04/01/16 Medicaid Services, Center for Medicare, (Completion of a Section 610 Review) tive. MS: C4–01–15, 7500 Security Boulevard, Baltimore, MD 21244, Legal Authority: Social Security Act, Regulatory Flexibility Analysis Phone: 410 786–3355, Email: sec 1115A Required: Yes. [email protected]. Abstract: This final rule implements a Agency Contact: Wendy Tuttle, RIN: 0938–AS40 new Medicare Part A and B payment Health Insurance Specialist, Department model under section 1115A of the 146. CY 2016 Hospital Outpatient PPS of Health and Human Services, Centers Social Security Act, called the Policy Changes and Payment Rates and for Medicare & Medicaid Services, Comprehensive Care Joint Replacement Ambulatory Surgical Center Payment Center for Medicaid and State Model, in which acute care hospitals in System Policy Changes and Payment Operations, Mail Stop S2–14–26, 7500 certain selected geographic areas receive Rates (CMS–1633–FC) (Completion of a Security Boulevard, Baltimore, MD retrospective bundled payments for Section 610 Review) 21244, Phone: 410 786–8690, Email: episodes of care for lower extremity [email protected]. Legal Authority: 42 U.S.C. 1302, joint replacement or reattachment of a RIN: 0938–AQ41 1395m, 1395hh, and 1395ddd lower extremity. All related care within Abstract: This annual final rule 145. CY 2016 Revisions to Payment 90 days of hospital discharge from the revises the Medicare hospital outpatient Policies Under the Physician Fee joint replacement procedures would be prospective payment system to Schedule and Other Revisions to included in the episode of care. We implement statutory requirements and Medicare Part B (CMS–1631–FC) believe this model furthers our goals in changes arising from our continuing (Completion of a Section 610 Review) improving the efficiency and quality of experience with this system. The rule care for Medicare beneficiaries for these Legal Authority: 42 U.S.C. 405(a), describes changes to the amounts and common medical procedures. 1302, 1395x, 1395y(a), 1395ff, 1395kk, factors used to determine payment rates 1395rr and 1395ww(k); 42 U.S.C. 263a; for services. In addition, the rule Timetable: 42 U.S.C. 1395m, 1395hh, and 1395ddd; changes the ambulatory surgical center Action Date FR Cite 42 U.S.C. 1395w–101 through 1395w– payment system list of services and 152, and 1395nn; ... rates. NPRM ...... 07/14/15 80 FR 41198 Abstract: This annual final rule Timetable: NPRM Comment 09/08/15 revises payment polices under the Period End. Medicare physician fee schedule, and Action Date FR Cite Final Action ...... 11/24/15 80 FR 73273 makes other policy changes to payment Final Action Effec- 01/15/16 under Medicare Part B. These changes NPRM ...... 07/08/15 80 FR 39200 tive. apply to services furnished beginning NPRM Comment 08/31/15 Period End. January 1, 2016. Final Action ...... 11/13/15 80 FR 70298 Regulatory Flexibility Analysis Timetable: Final Action Effec- 01/01/16 Required: Yes. tive. Agency Contact: Claire Schreiber, Action Date FR Cite Health Insurance Specialist, Department Regulatory Flexibility Analysis NPRM ...... 07/15/15 80 FR 41686 of Health and Human Services, Centers NPRM Comment 09/08/15 Required: Yes. for Medicare & Medicaid Services, Period End. Agency Contact: Marjorie Baldo, Center for Medicare & Medicaid Final Action ...... 11/16/15 80 FR 70886 Health Insurance Specialist, Department Innovation, MS: WB–08–62, 7500 Final Action Effec- 01/01/16 of Health and Human Services, Centers Security Boulevard, Baltimore, MD tive. for Medicare & Medicaid Services, 21244, Phone: 410 786–8939, Email: Center for Medicare, MS: C4–03–06, [email protected]. Regulatory Flexibility Analysis 7500 Security Boulevard, Baltimore, MD Required: Yes. 21244, Phone: 410 786–4617, Email: RIN: 0938–AS64 Agency Contact: Ryan Howe, Director, [email protected]. [FR Doc. 2016–12904 Filed 6–8–16; 8:45 am] Division of Practitioner Services, RIN: 0938–AS42 BILLING CODE 4150–03–P
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Part IX
Department of Homeland Security
Semiannual Regulatory Agenda
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DEPARTMENT OF HOMELAND of the General Counsel, U.S. Department disseminating the Unified Agenda. The SECURITY of Homeland Security, 245 Murray complete Unified Agenda is available Lane, Mail Stop 0485, Washington, DC online at www.reginfo.gov. Office of the Secretary 20528–0485. The Regulatory Flexibility Act (5 6 CFR Chs. I and II Specific U.S.C. 602) requires Federal agencies to publish their regulatory flexibility [DHS Docket No. OGC–RP–04–001] Please direct specific comments and inquiries on individual regulatory agendas in the Federal Register. A regulatory flexibility agenda shall Unified Agenda of Federal Regulatory actions identified in this agenda to the and Deregulatory Actions individual listed in the summary of the contain, among other things, a brief regulation as the point of contact for description of the subject area of any AGENCY: Office of the Secretary, DHS. that regulation. rule which is likely to have a significant ACTION: Semiannual regulatory agenda. economic impact on a substantial SUPPLEMENTARY INFORMATION: DHS number of small entities. DHS’s printed SUMMARY: This regulatory agenda is a provides this notice pursuant to the agenda entries include regulatory semiannual summary of current and requirements of the Regulatory actions that are in the Department’s projected rulemakings, existing Flexibility Act (Pub. L. 96–354, Sept. 19, regulatory flexibility agenda. Printing of regulations, and completed actions of 1980) and Executive Order 12866 the Department of Homeland Security ‘‘Regulatory Planning and Review’’ these entries is limited to fields that (DHS) and its components. This agenda (Sept. 30, 1993) as incorporated in contain information required by the provides the public with information Executive Order 13563 ‘‘Improving agenda provisions of the Regulatory about DHS’s regulatory activity. DHS Regulation and Regulatory Review’’ Flexibility Act. Additional information expects that this information will enable (Jan. 18, 2011), which require the on these entries is available in the the public to be more aware of, and Department to publish a semiannual Unified Agenda published on the effectively participate in, the agenda of regulations. The regulatory Internet. Department’s regulatory activity. DHS agenda is a summary of current and The semiannual agenda of the invites the public to submit comments projected rulemakings, as well as Department conforms to the Unified on any aspect of this agenda. actions completed since the publication Agenda format developed by the FOR FURTHER INFORMATION CONTACT: of the last regulatory agenda for the Regulatory Information Service Center. Department. DHS’s last semiannual General regulatory agenda was published on Dated: March 18, 2016. Please direct general comments and December 15, 2015, at 80 FR 77971. Christina E. McDonald, inquiries on the agenda to the Beginning in fall 2007, the Internet Associate General Counsel for Regulatory Regulatory Affairs Law Division, Office became the basic means for Affairs.
OFFICE OF THE SECRETARY—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
148 ...... Chemical Facility Anti-Terrorism Standards (CFATS) ...... 1601–AA69
OFFICE OF THE SECRETARY—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
149 ...... Ammonium Nitrate Security Program ...... 1601–AA52
U.S. CITIZENSHIP AND IMMIGRATION SERVICES—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
150 ...... Requirements for Filing Motions and Administrative Appeals ...... 1615–AB98 151 ...... U.S. Citizenship and Immigration Services Fee Schedule ...... 1615–AC09
U.S. CITIZENSHIP AND IMMIGRATION SERVICES—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
152 ...... Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting Highly- 1615–AC05 Skilled H–1B Alien Workers.
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U.S. COAST GUARD—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
153 ...... Commercial Fishing Vessels—Implementation of 2010 and 2012 Legislation ...... 1625–AB85
U.S. COAST GUARD—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
154 ...... Inspection of Towing Vessels ...... 1625–AB06 155 ...... Transportation Worker Identification Credential (TWIC); Card Reader Requirements ...... 1625–AB21 156 ...... Seafarers’ Access to Maritime Facilities ...... 1625–AC15
U.S. COAST GUARD—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
157 ...... Numbering of Undocumented Barges ...... 1625–AA14 158 ...... Outer Continental Shelf Activities ...... 1625–AA18 159 ...... Updates to Maritime Security ...... 1625–AB38
U.S. COAST GUARD—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
160 ...... Discharge Removal Equipment for Vessels Carrying Oil ...... 1625–AA02
U.S. CUSTOMS AND BORDER PROTECTION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
161 ...... Implementation of the Guam-CNMI Visa Waiver Program (Section 610 Review) ...... 1651–AA77
U.S. CUSTOMS AND BORDER PROTECTION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
162 ...... Importer Security Filing and Additional Carrier Requirements (Section 610 Review) ...... 1651–AA70
TRANSPORTATION SECURITY ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
163 ...... Security Training for Surface Mode Employees ...... 1652–AA55
TRANSPORTATION SECURITY ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
164 ...... General Aviation Security and Other Aircraft Operator Security ...... 1652–AA53 165 ...... Standardized Vetting, Adjudication, and Redress Services ...... 1652–AA61
TRANSPORTATION SECURITY ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
166 ...... Passenger Screening Using Advanced Imaging Technology ...... 1652–AA67
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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
167 ...... Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students with STEM Degrees and 1653–AA72 Cap-Gap Relief for All Eligible F–1 Students (Completion of a Section 610 Review).
FEDERAL EMERGENCY MANAGEMENT AGENCY—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
168 ...... Updates to Floodplain Management and Protection of Wetlands Regulations to Implement Executive 1660–AA85 Order 13690 and the Federal Flood Risk Management Standard.
DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY (DHS) SECURITY (DHS) SECURITY (DHS) Office of the Secretary (OS) Office of the Secretary (OS) U.S. Citizenship and Immigration Services (USCIS) Proposed Rule Stage Long-Term Actions Proposed Rule Stage 148. Chemical Facility Anti-Terrorism 149. Ammonium Nitrate Security Standards (CFATS) Program 150. Requirements for Filing Motions Legal Authority: Pub. L. 110–161, and Administrative Appeals Legal Authority: Sec 550 of the 2008 Consolidated Appropriations Act, Legal Authority: 5 U.S.C. 552; 5 U.S.C. Department of Homeland Security section 563 552a; 8 U.S.C. 1101; 8 U.S.C. 1103; 8 Appropriations Act of 2007 Pub. L. 109– Abstract: This rulemaking will U.S.C. 1304; 6 U.S.C. 112 295, as amended implement the December 2007 Abstract: This proposed rule proposes Abstract: The Department of amendment to the Homeland Security Act entitled ‘‘Secure Handling of to revise the requirements and Homeland Security (DHS) previously procedures for the filing of motions and invited public comment on an advance Ammonium Nitrate.’’ The amendment requires the Department of Homeland appeals before the Department of notice of proposed rulemaking Security to ‘‘regulate the sale and Homeland Security (DHS), U.S. (ANPRM) for potential revisions to the transfer of ammonium nitrate by an Citizenship and Immigration Services Chemical Facility Anti-Terrorism ammonium nitrate facility...to prevent (USCIS), and its Administrative Appeals Standards (CFATS) regulations. The the misappropriation or use of Office (AAO). The proposed changes are ANPRM provided an opportunity for the ammonium nitrate in an act of intended to streamline the existing public to provide recommendations for terrorism.’’ processes for filing motions and appeals possible program changes. DHS is Timetable: and will reduce delays in the review reviewing the public comments received and appellate process. This rule also in response to the ANPRM, after which Action Date FR Cite proposes additional changes DHS intends to publish a Notice of necessitated by the establishment of Proposed Rulemaking. ANPRM ...... 10/29/08 73 FR 64280 DHS and its components. The proposed Correction ...... 11/05/08 73 FR 65783 changes are intended to promote Timetable: ANPRM Comment 12/29/08 simplicity, accessibility, and efficiency Period End. in the administration of USCIS appeals. Action Date FR Cite NPRM ...... 08/03/11 76 FR 46908 Notice of Public 10/07/11 76 FR 62311 The Department also solicits public ANPRM ...... 08/18/14 79 FR 48693 Meetings. comment on proposed changes to the ANPRM Comment 10/17/14 Notice of Public 11/14/11 76 FR 70366 AAO’s appellate jurisdiction. Period End. Meetings. Timetable: NPRM ...... 09/00/16 NPRM Comment 12/01/11 Period End. Action Date FR Cite Next Action Unde- Regulatory Flexibility Analysis termined. NPRM ...... 04/00/17 Required: Yes. Regulatory Flexibility Analysis Agency Contact: Jon MacLaren, Chief, Regulatory Flexibility Analysis Required: Yes. Rulemaking Section, Department of Agency Contact: Jon MacLaren, Chief, Required: Yes. Homeland Security, National Protection Rulemaking Section, Department of Agency Contact: Charles ‘‘Locky’’ and Programs Directorate, Infrastructure Homeland Security, National Protection Nimick, Deputy Chief, Department of Security Compliance Division (NPPD/ and Programs Directorate, Infrastructure Homeland Security, U.S. Citizenship ISCD), 245 Murray Lane, Mail Stop Security Compliance Division (NPPD/ and Immigration Services, 0610, Arlington, VA 20528–0610, ISCD), 245 Murray Lane, Mail Stop Administrative Appeals Office, 20 Phone: 703 235–5263, Fax: 703 603– 0610, Arlington, VA 20528–0610, Massachusetts Avenue NW., 4935, Email: jon.m.maclaren@ Phone: 703 235–5263, Fax: 703 603– Washington, DC 20529–2090, Phone: hq.dhs.gov. 4935, Email: jon.m.maclaren@ 703 224–4501, Email: charles.nimick@ RIN: 1601–AA69 hq.dhs.gov. usics.dhs.gov. RIN: 1601–AA52 RIN: 1615–AB98
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151. U.S. Citizenship and Immigration DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND Services Fee Schedule SECURITY (DHS) SECURITY (DHS) Legal Authority: 8 U.S.C. 1356(m) U.S. Citizenship and Immigration U.S. Coast Guard (USCG) Services (USCIS) Abstract: This rule will propose to Proposed Rule Stage adjust the fee schedule for U.S. Final Rule Stage 153. Commercial Fishing Vessels— Citizenship and Immigration Services 152. Retention of EB–1, EB–2, and EB– Implementation of 2010 and 2012 (USCIS) immigration and naturalization Legislation benefit applications and petitions, 3 Immigrant Workers and Program Improvements Affecting Highly–Skilled Legal Authority: Pub. L. 111–281 including nonimmigrant applications H–1B Alien Workers Abstract: The Coast Guard proposes to and visa petitions. These fees fund the implement those requirements of 2010 cost of processing applications and Legal Authority: 6 U.S.C. 112; 8 U.S.C. and 2012 legislation that pertain to petitions for immigration benefits and 1154 and 1155; 8 U.S.C. 1184; 8 U.S.C. uninspected commercial fishing services, and USCIS’ associated 1255; 8 U.S.C. 1324a industry vessels and that took effect operating costs. USCIS is revising these Abstract: In December 2015, the upon enactment of the legislation but fees because the current fee schedule Department of Homeland Security that, to be implemented, require does not adequately recover the full (DHS) proposed to amend its regulations amendments to Coast Guard regulations costs of services provided by USCIS. affecting certain employment-based affecting those vessels. The applicability Without an adjustment of the fee immigrant and nonimmigrant of the regulations is being changed, and schedule, USCIS cannot provide classifications. This rule proposes to new requirements are being added to adequate capacity to process all amend current regulations to provide safety training, equipment, vessel applications and petitions in a timely stability and job flexibility for the examinations, vessel safety standards, and efficient manner. The fee review is beneficiaries of approved employment- the documentation of maintenance, and undertaken pursuant to the based immigrant visa petitions while the termination of unsafe operations. requirements of the Chief Financial they wait to become lawful permanent This rulemaking promotes the Coast Officers Act of 1990 (CFO Act), 31 residents. DHS is also proposing to Guard’s maritime safety mission. U.S.C. 901–03. The CFO Act requires conform its regulations with the Timetable: each agency’s chief financial officer American Competitiveness in the Action Date FR Cite (CFO) to ‘‘review, on a biennial basis, Twenty-First Century Act of 2000 the fees, royalties, rents, and other (AC21) as amended by the Twenty-First NPRM ...... 05/00/16 charges imposed by the agency for Century Department of Justice NPRM Comment 08/00/16 services and things of value it provides, Appropriations Authorization Act (the Period End. and make recommendations on revising 21st Century DOJ Appropriations Act), those charges to reflect costs incurred by as well as the American Regulatory Flexibility Analysis it in providing those services and things Competitiveness and Workforce Required: Yes. of value.’’ Improvement Act of 1998 (ACWIA). The Agency Contact: Jack Kemerer, Project rule also seeks to clarify several Manager, CG–CVC–3, Department of Timetable: interpretive questions raised by ACWIA Homeland Security, U.S. Coast Guard, and AC21 regarding H–1B petitions, and 2703 Martin Luther King Jr., Avenue Action Date FR Cite incorporate relevant AC21 policy SE., STOP 7501, Washington, DC 20593–7501, Phone: 202 372–1249, NPRM ...... 05/04/16 81 FR 26904 memoranda and an Administrative NPRM Comment 07/05/16 Appeals Office precedent decision, and Email: [email protected]. Period End. would ensure that DHS practice is RIN: 1625–AB85 consistent with them. Regulatory Flexibility Analysis Timetable: Required: Yes. DEPARTMENT OF HOMELAND Action Date FR Cite SECURITY (DHS) Agency Contact: Joseph D. Moore, Chief Financial Officer, Department of NPRM ...... 12/31/15 80 FR 81900 U.S. Coast Guard (USCG) Homeland Security, U.S. Citizenship NPRM Comment 02/29/16 Final Rule Stage and Immigration Services, Suite 4018, Period End. 20 Massachusetts Avenue NW., Final Rule ...... 05/00/16 154. Inspection of Towing Vessels Washington, DC 20529, Phone: 202 272– Legal Authority: 46 U.S.C. 3103; 46 1701, Fax: 202 272–1970, Email: Regulatory Flexibility Analysis U.S.C. 3301; 46 U.S.C. 3306; 46 U.S.C. [email protected]. Required: Yes. 3308; 46 U.S.C. 3316; 46 U.S.C. 3703; 46 U.S.C. 8104; 46 U.S.C. 8904; DHS RIN: 1615–AC09 Agency Contact: Kevin Cummings, Delegation No 0170.1 Branch Chief, Business and Foreign Abstract: This rulemaking would Workers Division, Department of implement a program of inspection for Homeland Security, U.S. Citizenship certification of towing vessels, which and Immigration Services, Second were previously uninspected. It would Floor, Office of Policy and Strategy, 20 prescribe standards for safety Massachusetts Avenue NW., management systems and third-party Washington, DC 20529, Phone: 202 272– auditors and surveyors, along with 1470, Fax: 202 272–1480, Email: standards for construction, operation, [email protected]. vessel systems, safety equipment, and RIN: 1615–AC05 recordkeeping.
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Timetable: Action Date FR Cite RIN: 1625–AC15
Action Date FR Cite Notice of Public 05/26/09 Meeting Com- NPRM ...... 08/11/11 76 FR 49976 ment Period DEPARTMENT OF HOMELAND Notice of Public 09/09/11 76 FR 55847 End. SECURITY (DHS) Meetings. NPRM ...... 03/22/13 78 FR 20558 U.S. Coast Guard (USCG) NPRM Comment 12/09/11 NPRM Comment 05/10/13 78 FR 27335 Period End. Period Ex- Long-Term Actions Final Rule ...... 06/00/16 tended. NPRM Comment 06/20/13 157. Numbering of Undocumented Barges Regulatory Flexibility Analysis Period Ex- tended End. Required: Yes. Legal Authority: 46 U.S.C. 12301 Final Rule ...... 08/00/16 Abstract: Title 46 U.S.C. 12301, as Agency Contact: LCDR William amended by the Abandoned Barge Act Nabach, Project Manager, Office of Regulatory Flexibility Analysis of 1992, requires that all undocumented Operating & Environmental Standards, Required: Yes. barges of more than 100 gross tons Agency Contact: LT Mason Wilcox, CG–OES–2, Department of Homeland operating on the navigable waters of the Project Manager, Department of Security, U.S. Coast Guard, 2703 Martin United States be numbered. This Homeland Security, U.S. Coast Guard, Luther King Jr. Avenue SE., STOP 7509, rulemaking would establish a Commandant (CG–FAC–2), 2703 Martin Washington, DC 20593–7509, Phone: numbering system and user fees for an Luther King Jr., Avenue SE., STOP 7501, 202 372–1386, Email: original or renewed Certificate of Washington, DC 20593–7501, Phone: [email protected]. Number for these barges. The 202 372–1123, Email: mason.c.wilcox@ RIN: 1625–AB06 numbering of undocumented barges uscg.mil. 155. Transportation Worker RIN: 1625–AB21 allows the Coast Guard to identify the Identification Credential (TWIC); Card owners of abandoned barges. This 156. Seafarers’ Access to Maritime Reader Requirements rulemaking supports the Coast Guard’s Facilities broad role and responsibility of Legal Authority: 33 U.S.C. 1226; 33 Legal Authority: 33 U.S.C. 1226; 33 protecting natural resources. U.S.C. 1231; 46 U.S.C. 701; 50 U.S.C. U.S.C. 1231; Pub. L. 111–281, sec 811 Timetable: 191; 50 U.S.C. 192; E.O. 12656 Abstract: This regulatory action will Action Date FR Cite Abstract: The Coast Guard is implement section 811 of the Coast establishing electronic card reader Guard Authorization Act of 2010 (Pub. Request for Com- 10/18/94 59 FR 52646 requirements for maritime facilities and L. 111–281), which requires the owner/ ments. vessels to be used in combination with operator of a facility regulated by the Comment Period 01/17/95 TSA’s Transportation Worker Coast Guard under the Maritime End. Identification Credential (TWIC). Transportation Security Act of 2002 ANPRM ...... 07/06/98 63 FR 36384 (Pub. L. 107–295) (MTSA) to provide a ANPRM Comment 11/03/98 Congress enacted several statutory Period End. requirements within the Security and system that enables seafarers and certain other individuals to transit between NPRM ...... 01/11/01 66 FR 2385 Accountability for Every (SAFE) Port NPRM Comment 04/11/01 Act of 2006 to guide regulations vessels moored at the facility and the Period End. pertaining to TWIC readers, including facility gate in a timely manner at no NPRM Reopening 08/12/04 69 FR 49844 the need to evaluate TSA’s final pilot cost to the seafarer or other individual. of Comment program report as part of the TWIC Ensuring that such access through a Period. reader rulemaking. During the facility is consistent with the security NPRM Reopening 11/10/04 rulemaking process, we will take into requirements in MTSA is part of the Comment Pe- riod End. account the final pilot data and the Coast Guard’s Ports, Waterways, and Coastal Security (PWCS) mission. various conditions in which TWIC Supplemental To Be Determined readers may be employed. For example, Timetable: NPRM. we will consider the types of vessels Action Date FR Cite and facilities that will use TWIC Regulatory Flexibility Analysis readers, locations of secure and NPRM ...... 12/29/14 79 FR 77981 Required: Yes. restricted areas, operational constraints, NPRM Comment 05/27/15 80 FR 30189 Agency Contact: Denise Harmon, and need for accessibility. Period Re- Project Manager, Department of Recordkeeping requirements, opened. Homeland Security, U.S. Coast Guard, amendments to security plans, and the NPRM Comment 07/01/15 National Vessel Documentation Center, requirement for data exchanges (i.e., Period End. 792 T.J. Jackson Drive, Falling Waters, Canceled Card List) between TSA and Final Rule ...... 09/00/16 WV 25419, Phone: 304 271–2506, Email: vessel or facility owners/operators will [email protected]. also be addressed in this rulemaking. Regulatory Flexibility Analysis RIN: 1625–AA14 Required: Yes. Timetable: Agency Contact: LCDR Kevin 158. Outer Continental Shelf Activities McDonald, Project Manager, Department Legal Authority: 43 U.S.C. 1333(d)(1); Action Date FR Cite of Homeland Security, U.S. Coast 43 U.S.C. 1348(c); 43 U.S.C. 1356; DHS ANPRM ...... 03/27/09 74 FR 13360 Guard, 2703 Martin Luther King Jr., Delegation No 0170.1 Notice of Public 04/15/09 74 FR 17444 Avenue SE., Commandant (CG–FAC–2), Abstract: The Coast Guard is the lead Meeting. STOP 7501, Washington, DC 20593– Federal agency for workplace safety and ANPRM Comment 05/26/09 7501, Phone: 202 372–1168, Email: health on facilities and vessels engaged Period End. [email protected]. in the exploration for, or development,
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or production of, minerals on the Outer goals of domestic compliance and Action Date FR Cite Continental Shelf (OCS), other than for international cooperation by matters generally related to drilling and incorporating requirements from NPRM Comment 11/16/92 57 FR 48489 production that are regulated by the legislation implemented since the Period Ex- Bureau of Safety and Environmental original publication of these regulations, tended. Enforcement (BSEE). This project would such as the Security and Accountability Interim Final Rule 12/22/93 58 FR 67988 Interim Final Rule 01/21/94 revise the regulations on OCS activities for Every (SAFE) Port Act of 2006, and Effective. by: (1) Adding new requirements, for including international standards such Correction ...... 01/26/94 59 FR 3749 OCS units for lifesaving, fire protection, as Standards of Training, Certification & Interim Final Rule 02/22/94 training, and helidecks; (2) providing for Watchkeeping security training. This Comment Pe- USCG acceptance and approval of rulemaking has international interest riod End. specified classification society plan because of the close relationship Notice ...... 03/27/12 77 FR 18151 reviews, inspections, audits, and between subchapter H and the Notice Comment 05/29/12 surveys; and (3) requiring foreign International Ship and Port Security Period End. Final Rule ...... 04/07/16 81 FR 20247 vessels engaged in OCS activities to Code (ISPS). Final Rule Effec- 05/09/16 comply with rules similar to those Timetable: tive. imposed on U.S. vessels similarly engaged. This project would affect the Action Date FR Cite Regulatory Flexibility Analysis owners and operators of facilities and NPRM ...... To Be Determined Required: Yes. vessels engaged in offshore activities. Agency Contact: David A. Du Pont, Timetable: Regulatory Flexibility Analysis Project Manager, CG–REG, Department of Homeland Security, U.S. Coast Action Date FR Cite Required: Yes. Agency Contact: LCDR Kevin Guard, Office of Standards Evaluation Request for Com- 06/27/95 60 FR 33185 McDonald, Project Manager, Department and Development, 2703 Martin Luther ments. of Homeland Security, U.S. Coast King Jr., Avenue SE., STOP 7418, Comment Period 09/25/95 Guard, 2703 Martin Luther King Jr., Washington, DC 20593–7418, Phone: End. Avenue SE., Commandant (CG–FAC–2), 202 372–1497, Email: david.a.dupont@ NPRM ...... 12/07/99 64 FR 68416 STOP 7501, Washington, DC 20593– uscg.mil. NPRM Correction 02/22/00 65 FR 8671 7501, Phone: 202 372–1168, Email: RIN: 1625–AA02 NPRM Comment 03/16/00 65 FR 14226 Period Ex- [email protected]. tended. RIN: 1625–AB38 NPRM Comment 06/30/00 65 FR 40559 DEPARTMENT OF HOMELAND Period Ex- SECURITY (DHS) tended. DEPARTMENT OF HOMELAND NPRM Comment 11/30/00 U.S. Customs and Border Protection Period End. SECURITY (DHS) (USCBP) U.S. Coast Guard (USCG) Supplemental To Be Determined Final Rule Stage NPRM. Completed Actions 161. Implementation of the Guam– 160. Discharge Removal Equipment for CNMI Visa Waiver Program (Section Regulatory Flexibility Analysis 610 Review) Required: Yes. Vessels Carrying Oil Agency Contact: Charles Rawson, Legal Authority: 33 U.S.C. 1321 Legal Authority: Pub. L. 110–229, sec Project Manager, Department of Abstract: The Oil Pollution Act of 702 Homeland Security, U.S. Coast Guard, 1990 directed the President by August Abstract: The interim final rule (or the Commandant (CG–ENG–2), 2703 Martin 18, 1992, to require periodic inspection final rule planned for the coming year) Luther King Jr., Avenue SE., STOP 7509, of discharge-removal equipment to amends Department of Homeland Washington, DC 20593–7509, Phone: ensure that it is available in an Security (DHS) regulations to 202 372–1390, Email: charles.e.rawson@ emergency, and to require carriage of implement section 702 of the uscg.mil. discharge removal equipment by vessels Consolidated Natural Resources Act of RIN: 1625–AA18 operating in the navigable waters of the 2008 (CNRA). This law extends the United States and carrying oil or immigration laws of the United States to 159. Updates to Maritime Security hazardous substances. This action the Commonwealth of the Northern Legal Authority: 33 U.S.C. 1226; 33 implemented those provisions. This Mariana Islands (CNMI) and provides U.S.C. 1231; 46 U.S.C. 701; 50 U.S.C. project supports the Coast Guard’s broad for a joint visa waiver program for travel 191 and 192; E.O. 12656; 33 CFR 1.05– role and responsibility of maritime to Guam and the CNMI. This rule 1; 33 CFR 6.04–11; 33 CFR 6.14; 33 CFR stewardship. implements section 702 of the CNRA by 6.16; 33 CFR 6.19; DHS Delegation No. Timetable: amending the regulations to replace the 0170.1 current Guam Visa Waiver Program with Abstract: The Coast Guard proposes Action Date FR Cite a new Guam-CNMI Visa Waiver certain additions, changes, and Program. The amended regulations set amendments to 33 CFR subchapter H. ANPRM ...... 08/30/91 56 FR 43534 forth the requirements for nonimmigrant Subchapter H is comprised of parts 101 ANPRM Comment 10/16/91 visitors who seek admission for through 106. Subchapter H implements Period End. business or pleasure and solely for entry NPRM ...... 09/29/92 57 FR 44912 the major provisions of the Maritime NPRM Comment 10/26/92 57 FR 48489 into and stay on Guam or the CNMI Transportation Security Act of 2002 Period Ex- without a visa. This rule also establishes (MTSA). This rulemaking is the first tended. six ports of entry in the CNMI for major revision to subchapter H. The NPRM Comment 10/29/92 purposes of administering and enforcing proposed changes would further the Period End. the Guam-CNMI Visa Waiver Program.
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Section 702 of the Consolidated Natural U.S.C. 1624; 19 U.S.C. 2071 (note); 46 RIN: 1651–AA70 Resources Act of 2008 (CNRA), subject U.S.C. 60105 to a transition period, extends the Abstract: This final rule implements immigration laws of the United States to the provisions of section 203 of the DEPARTMENT OF HOMELAND the Commonwealth of the Northern Security and Accountability for Every SECURITY (DHS) Mariana Islands (CNMI) and provides Port Act of 2006. On November 25, for a visa waiver program for travel to 2008, Customs and Border Protection Transportation Security Administration Guam and/or the CNMI. On January 16, (CBP) published an interim final rule (TSA) 2009, the Department of Homeland (CBP Dec. 08–46) in the Federal Proposed Rule Stage Security (DHS), Customs and Border Register (73 FR 71730), that finalized Protection (CBP), issued an interim final most of the provisions proposed in the 163. Security Training for Surface rule in the Federal Register replacing NPRM. It requires carrier and importers Mode Employees the then-existing Guam Visa Waiver to provide to CBP, via a CBP approved Legal Authority: 49 U.S.C. 114; Pub. L. Program with the Guam-CNMI Visa electronic data interchange system, 110–53, secs 1408, 1517, and 1534 Waiver Program and setting forth the certain advance information pertaining Abstract: This rule would require requirements for nonimmigrant visitors to cargo brought into the United States security awareness training for front- seeking admission into Guam and/or the by vessel to enable CBP to identify high- line employees for potential terrorism- CNMI under the Guam-CNMI Visa risk shipments to prevent smuggling related security threats and conditions Waiver Program. As of November 28, and ensure cargo safety and security. pursuant to the 9/11 Act. This rule 2009, the Guam-CNMI Visa Waiver The interim final rule did not finalize would apply to higher-risk public Program is operational. This program six data elements that were identified as transportation, freight rail, and over-the- allows nonimmigrant visitors from areas of potential concern for industry road bus owner/operators and take into eligible countries to seek admission for during the rulemaking process and, for consideration the many actions higher- business or pleasure for entry into Guam which, CBP provided some type of risk owner/operators have already taken and/or the CNMI without a visa for a flexibility for compliance with those since 9/11 to enhance the baseline of period of authorized stay not to exceed data elements. CBP solicited public security through training of their 45 days. This rulemaking would finalize comment on these six data elements, is employees. The rulemaking will also the January 2009 interim final rule. conducting a structured review, and propose extending security coordinator Timetable: also invited comments on the revised and reporting security incident Regulatory Assessment and Final requirements applicable to rail operators Action Date FR Cite Regulatory Flexibility Analysis. (See 73 under current 49 CFR part 1580 to the FR 71782–85 for regulatory text and 73 non-rail transportation components of Interim Final Rule 01/16/09 74 FR 2824 CFR 71733–34 for general discussion.) Interim Final Rule 01/16/09 covered public transportation agencies Effective. The remaining requirements of the rule and over-the-road buses. Interim Final Rule 03/17/09 were adopted as final. CBP plans to Timetable: Comment Pe- issue a final rule after CBP completes a riod End. structured review of the flexibilities and Action Date FR Cite Technical Amend- 05/28/09 74 FR 25387 analyzes the comments. ment; Change Timetable: NPRM ...... 09/00/16 of Implementa- tion Date. Action Date FR Cite Regulatory Flexibility Analysis Final Action ...... 02/00/17 Required: Yes. NPRM ...... 01/02/08 73 FR 90 Agency Contact: Chandru (Jack) Kalro, Regulatory Flexibility Analysis NPRM Comment 03/03/08 Deputy Director, Surface Division, Required: No. Period End. Office of Security Policy and Industry Agency Contact: Stephanie Watson, NPRM Comment 02/01/08 73 FR 6061 Period Ex- Engagement, Department of Homeland Supervisory Program Manager, Security, Transportation Security Department of Homeland Security, U.S. tended. NPRM Comment 03/18/08 Administration, 601 South 12th Street, Customs and Border Protection, Office Period End. Arlington, VA 20598–6028, Phone: 571 of Field Operations, 1300 Pennsylvania Interim Final Rule 11/25/08 73 FR 71730 227–1145, Fax: 571 227–2935, Email: Avenue NW., 2.5B–38, Washington, DC Interim Final Rule 01/26/09 [email protected]. 20229, Phone: 202 325–4548, Email: Effective. Monica Grasso Ph.D., Manager, [email protected]. Interim Final Rule 06/01/09 Economic Analysis Branch—Cross RIN: 1651–AA77 Comment Pe- Modal Division, Department of riod End. Correction ...... 07/14/09 74 FR 33920 Homeland Security, Transportation Correction ...... 12/24/09 74 FR 68376 Security Administration, Office of DEPARTMENT OF HOMELAND Final Action ...... 09/00/17 Security Policy and Industry SECURITY (DHS) Engagement, 601 South 12th Street, Regulatory Flexibility Analysis Arlington, VA 20598–6028, Phone: 571 U.S. Customs and Border Protection Required: Yes. 227–3329, Email: monica.grasso@ (USCBP) Agency Contact: Craig Clark, Program tsa.dhs.gov. Long-Term Actions Manager, Vessel Manifest & Importer Traci Klemm, Assistant Chief Counsel Security Filing, Office of Cargo and for Multi–Modal Security Standards, 162. Importer Security Filing and Conveyance Security, Department of Department of Homeland Security, Additional Carrier Requirements Homeland Security, U.S. Customs and Transportation Security Administration, (Section 610 Review) Border Protection, 1300 Pennsylvania Office of the Chief Counsel, 601 South Legal Authority: Pub. L. 109–347, sec Avenue NW., Washington, DC 20229, 12th Street, Arlington, VA 20598–6002, 203; 5 U.S.C. 301; 19 U.S.C. 66; 19 Phone: 202 344–3052, Email: Phone: 571 227–3596, Email: U.S.C. 1431; 19 U.S.C. 1433 to 1434; 19 [email protected]. [email protected].
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RIN: 1652–AA55 Action Date FR Cite existing regulations by simplifying language and removing redundancies. NPRM Extended 02/27/09 TSA will propose revisions to the Alien Comment Pe- Flight Student Program (AFSP) DEPARTMENT OF HOMELAND riod End. regulations. TSA published an interim SECURITY (DHS) Notice—Public 12/18/08 73 FR 77045 final rule for AFSP on September 20, Meetings; Re- 2004. TSA regulations require aliens Transportation Security Administration quests for Com- (TSA) ments. seeking to train at Federal Aviation Administration-regulated flight schools Long-Term Actions Supplemental To Be Determined to complete an application and undergo 164. General Aviation Security and NPRM. an STA prior to beginning flight Other Aircraft Operator Security training. There are four categories under Legal Authority: 6 U.S.C. 469; 18 Regulatory Flexibility Analysis which students currently fall; the nature Required: Yes. U.S.C. 842; 18 U.S.C. 845; 46 U.S.C. of the STA depends on the student’s Agency Contact: Alan Paterno, 70102 to 70106; 46 U.S.C. 70117; 49 category. TSA is considering changes to Section Chief, Policy Analysis Branch, the AFSP that would improve the equity U.S.C. 114; 49 U.S.C. 114(f)(3); 49 U.S.C. Department of Homeland Security, 5103; 49 U.S.C. 5103a; 49 U.S.C. 40113; among fee payers and enable the Transportation Security Administration, implementation of new technologies to 49 U.S.C. 44901 to 44907; 49 U.S.C. Office of Security Policy and Industry 44913 to 44914; 49 U.S.C. 44916 to support vetting. Engagement, 601 South 12th Street, Timetable: 44918; 49 U.S.C. 44932; 49 U.S.C. 44935 Arlington, VA 20598–6028, Phone: 571 to 44936; 49 U.S.C. 44942; 49 U.S.C. 227–5698, Email: alan.paterno@ Action Date FR Cite 46105 tsa.dhs.gov. Abstract: On October 30, 2008, the Monica Grasso Ph.D., Manager, NPRM ...... To Be Determined Transportation Security Administration Economic Analysis Branch—Cross (TSA) issued a notice of proposed Modal Division, Department of Regulatory Flexibility Analysis rulemaking (NPRM), proposing to Homeland Security, Transportation Required: Yes. amend current aviation transportation Security Administration, Office of Agency Contact: Chang Ellison, security regulations to enhance the Security Policy and Industry Branch Manager, Program Initiatives security of general aviation by Engagement, 601 South 12th Street, Branch, Department of Homeland expanding the scope of current Arlington, VA 20598–6028, Phone: 571 Security, Transportation Security requirements, and by adding new 227–3329, Email: monica.grasso@ Administration, Office of Intelligence requirements for certain large aircraft tsa.dhs.gov. and Analysis, TSA–10, HQ E6, 601 operators and airports serving those Denise Daniels, Attorney-Advisor, South 12th Street, Arlington, VA 20598– aircraft. TSA also proposed that all Regulations and Security Standards, 6010, Phone: 571 227–3604, Email: aircraft operations, including corporate Department of Homeland Security, [email protected]. and private charter operations, with Transportation Security Administration, Monica Grasso Ph.D., Manager, aircraft having a maximum certificated Office of the Chief Counsel, 601 South Economic Analysis Branch–Cross Modal takeoff weight (MTOW) above 12,500 12th Street, Arlington, VA 20598–6002, Division, Department of Homeland pounds (large aircraft) be required to Phone: 571 227–3443, Fax: 571 227– Security, Transportation Security adopt a large aircraft security program. 1381, Email: denise.daniels@ Administration, Office of Security TSA also proposed to require certain tsa.dhs.gov. Policy and Industry Engagement, 601 airports that serve large aircraft to adopt RIN: 1652–AA53 South 12th Street, Arlington, VA 20598– security programs. After considering 6028, Phone: 571 227–3329, Email: comments received on the NPRM and 165. Standardized Vetting, [email protected]. sponsoring public meetings with Adjudication, and Redress Services John Vergelli, Senior Counsel, stakeholders, TSA decided to prepare a Legal Authority: 49 U.S.C. 114, Regulations and Security Standards supplemental NPRM (SNPRM), which 5103A, 44903 and 44936; 46 U.S.C. Division, Department of Homeland will include a comment period for 70105; 6 U.S.C. 469; Pub. L. 110–53, Security, Transportation Security public comments. TSA is considering secs 1411, 1414, 1520, 1522 and 1531 Administration, Office of the Chief the following proposed provisions in Abstract: The Transportation Security Counsel, 601 South 12th Street, the SNPRM: (1) Security measures for Administration (TSA) intends to Arlington, VA 20598–6002, Phone: 571 foreign aircraft operators commensurate propose new regulations to revise and 227–4416, Fax: 571 227–1378, Email: with measures for U.S. operators, (2) standardize the procedures, [email protected]. security measures for certain general adjudication criteria, and fees for most RIN: 1652–AA61 aviation aircraft operations, (3) watch of the security threat assessments (STA) list matching of passengers, and (5) of individuals for which TSA is scope of the background check responsible. The scope of the DEPARTMENT OF HOMELAND requirements and the procedures used rulemaking will include transportation SECURITY (DHS) to implement any requirement. workers who are required to undergo an Timetable: STA, including surface, maritime, and Transportation Security Administration aviation workers. TSA will comply with (TSA) Action Date FR Cite certain vetting-related requirements of Completed Actions the Implementing Recommendations of NPRM ...... 10/30/08 73 FR 64790 the 9/11 Commission Act, Public Law 166. Passenger Screening Using NPRM Comment 12/29/08 Advanced Imaging Technology Period End. 110–53 (Aug. 3, 2007). TSA will Notice—NPRM 11/25/08 73 FR 71590 propose fees to cover the cost of all Legal Authority: 49 U.S.C. 44925 Comment Pe- STAs. TSA plans to improve the Abstract: The Transportation Security riod Extended. processing of STAs and streamline Administration (TSA) issued a final rule
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to address whether screening and DEPARTMENT OF HOMELAND Katherine H. Westerlund, Acting Unit inspection of an individual, conducted SECURITY (DHS) Chief, SEVP Policy, Student and to control access to the sterile area of an Exchange Visitor Program, Department U.S. Immigration and Customs airport or to an aircraft, may include the of Homeland Security, U.S. Immigration Enforcement (USICE) use of advanced imaging technology and Customs Enforcement, Potomac (AIT). The notice of proposed Completed Actions Center North, STOP 5600, 500 12th rulemaking (NPRM) was published on Street, SW., Washington, DC 20536– 167. Improving and Expanding March 26, 2013, to comply with the 5600, Phone: 703 603–3400, Email: Training Opportunities for F–1 decision rendered by the U.S. Court of [email protected]. Nonimmigrant Students With STEM Appeals for the District of Columbia RIN: 1653–AA72 Degrees and Cap-Gap Relief For All Circuit in Electronic Privacy Eligible F–1 Students (Completion of a Information Center (EPIC) v. U.S. Section 610 Review) Department of Homeland Security on DEPARTMENT OF HOMELAND July 15, 2011. 653 F.3d 1 (D.C. Cir. Legal Authority: 8 U.S.C. 1101; 8 SECURITY (DHS) 2011). The Court directed TSA to U.S.C. 1103; 8 U.S.C. 1182; 8 U.S.C. conduct notice and comment 1184; 8 U.S.C. 1221; 8 U.S.C. 1281 and Federal Emergency Management Agency rulemaking on the use of AIT in the 1282; 8 U.S.C. 1302 to 1305; 8 U.S.C. (FEMA) primary screening of passengers. The 1324a Proposed Rule Stage final rule makes clear that TSA no Abstract: The Department of longer uses images of actual passengers Homeland Security is proposing a new 168. Updates to Floodplain and now uses a generic image through rule to enhance opportunities for F–1 Management and Protection of the use of ATR technology installed on nonimmigrant students graduating with Wetlands Regulations To Implement all AIT machines. The rule emphasizes a science, technology, engineering, or Executive Order 13690 and the Federal that AIT is the best available technology mathematics (STEM) degree from an Flood Risk Management Standard to detect both metallic and non-metallic accredited school certified by U.S. Legal Authority: E.O. 11988, as objects and safeguards agency flexibility Immigration and Custom Enforcement amended; E.O. 13690 to respond to evolving threats. (ICE) Student and Exchange Visitor Abstract: The Federal Emergency Timetable: Program (SEVP), and to further their Management Agency (FEMA) proposes courses of study through optional to amend its regulations at 44 CFR part Action Date FR Cite practical training (OPT) with employers 9 ‘‘Floodplain Management and enrolled in the U.S. Citizenship and Protection of Wetlands’’ to implement NPRM ...... 03/26/13 78 FR 18287 Immigration Services’ (USCIS’) E-Verify Executive Order 13690, which NPRM Comment 06/24/13 employment verification program. The establishes the Federal Flood Risk Period End. Management Standard (FFRMS). 44 CFR Final Rule ...... 03/03/16 81 FR 11363 proposed rule would replace a 2008 Final Rule Effec- 05/02/16 interim final rule (IFR) that was part 9 describes FEMA’s process for tive. invalidated and will be vacated on May determining whether the proposed 10, 2016, per a ruling by the U.S. location for an action falls within a Regulatory Flexibility Analysis District Court for the District of floodplain. In addition, for those Required: Yes. Columbia, in the Washington Alliance projects that would fall within a Agency Contact: Chawanna of Technology Workers v. U.S. floodplain, part 9 describes FEMA’s Carrington, Project Manager, Passenger Department of Homeland Security framework for deciding whether and Screening Program, Department of litigation. how to complete the action in the Homeland Security, Transportation Timetable: floodplain, in light of the risk of Security Administration, Office of flooding. Consistent with Executive Security Capabilities, 601 South 12th Action Date FR Cite Order 13690 and the FFRMS, the Street, Arlington, VA 20598–6016, proposed rule would change how FEMA NPRM ...... 10/19/15 80 FR 63375 Phone: 571 227–2958, Fax: 571 227– defines a floodplain with respect to NPRM Comment 11/18/15 certain actions. Additionally, under the 1931, Email: chawanna.carrington@ Period End. tsa.dhs.gov. Final Rule ...... 03/11/16 81 FR 13039 proposed rule, FEMA would use natural Monica Grasso Ph.D., Manager, Final Rule Effec- 05/10/16 systems, ecosystem process, and nature- Economic Analysis Branch–Cross Modal tive. based approaches, where practicable, Division, Department of Homeland when developing alternatives to locating Security, Transportation Security Regulatory Flexibility Analysis a proposed action in the floodplain. Administration, Office of Security Required: Yes. Timetable: Policy and Industry Engagement, 601 Agency Contact: Molly Stubbs, ICE Action Date FR Cite South 12th Street, Arlington, VA 20598– Regulatory Coordinator, Department of 6028, Phone: 571 227–3329, Email: Homeland Security, U.S. Immigration NPRM ...... 07/00/16 [email protected]. and Customs Enforcement, Office of the Susan Prosnitz, Deputy Chief Counsel Director, PTN—Potomac Center North, Regulatory Flexibility Analysis for Regulations and Security Standards, 500 12th Street SW., Washington, DC Required: Yes. Department of Homeland Security, 20536, Phone: 202 732–6202, Email: Agency Contact: Kristin Fontenot, Transportation Security Administration, [email protected]. Office of Environmental and Historic Office of the Chief Counsel, 601 South Brad Tuttle, Attorney Advisor, Preservation, Department of Homeland 12th Street, Arlington, VA 20598–6002, Department of Homeland Security, U.S. Security, Federal Emergency Phone: 571 227–1335, Fax: 571 227– Immigration and Customs Enforcement, Management Agency, 400 C Street, SW., 1381, Email: susan.prosnitz@ 500 12th Street SW., Washington, DC Washington, DC 20472, Phone: 202 646– tsa.dhs.gov. 20536, Phone: 202 732–5000, Email: 2741, Email: kristin.fontenot@ RIN: 1652–AA67 [email protected]. fema.dhs.gov.
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RIN: 1660–AA85 [FR Doc. 2016–12906 Filed 6–8–16; 8:45 am] BILLING CODE 9110–9B–P
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Part X
Department of Housing and Urban Development
Semiannual Regulatory Agenda
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DEPARTMENT OF HOUSING AND likely to have a significant economic published for comment. The semiannual URBAN DEVELOPMENT impact on a substantial number of agenda posted on www.reginfo.gov is the ‘‘small entities,’’ meaning small agenda transmitted to the committees in 24 CFR Subtitles A and B businesses, small organizations, or small compliance with the above [Docket No. FR–5935–N–01] governmental jurisdictions. Executive requirements. Order 12866 and the Regulatory HUD has attempted to list in this Semiannual Regulatory Agenda Flexibility Act permit incorporation of agenda all regulations and regulatory the agenda required by these two reviews pending at the time of AGENCY: Department of Housing and authorities with any other prescribed publication, except for minor and Urban Development. agenda. routine or repetitive actions, but some ACTION: Semiannual regulatory agenda. HUD’s regulatory agenda combines may have been inadvertently omitted, or the information required by Executive SUMMARY: In accordance with section may have arisen too late to be included Order 12866 and the Regulatory 4(b) of Executive Order 12866, in the published agenda. There is no Flexibility Act. As in the past, HUD’s ‘‘Regulatory Planning and Review,’’ as legal significance to the omission of an complete Unified Agenda will be amended, HUD is publishing its agenda item from this agenda. Also, where a available online at www.reginfo.gov, in of regulations already issued or that are date is provided for the next rulemaking a format that offers users a greatly expected to be issued during the next action, the date is an estimate and is not enhanced ability to obtain information several months. The agenda also a commitment to act on or by the date from the Agenda database. While includes rules currently in effect that shown. publication in the Federal Register is are under review and describes those In some cases, HUD has withdrawn mandated for the regulatory flexibility regulations that may affect small rules that were placed on previous agendas by the Regulatory Flexibility entities, as required by section 602 of agendas for which there has been no Act (5 U.S.C. 602), the Department notes the Regulatory Flexibility Act. The publication activity. Withdrawal of a that its Spring 2016 Unified Agenda purpose of publication of the agenda is rule does not necessarily mean that does not list any rules expected to be to encourage more effective public HUD will not proceed with the proposed or promulgated that are likely participation in the regulatory process rulemaking. Withdrawal allows HUD to to have a significant economic impact by providing the public with advance assess the subject matter further and on a substantial number of ‘‘small information about pending regulatory determine whether rulemaking in that entities.’’ activities. area is appropriate. Following such an The Department is subject to certain assessment, the Department may FOR FURTHER INFORMATION CONTACT: rulemaking requirements set forth in the determine that certain rules listed as Aaron Santa Anna, Assistant General Department of Housing and Urban withdrawn under this agenda are Counsel for Regulations, Office of Development Act (42 U.S.C. 3531 et appropriate. If that determination is General Counsel, Department of seq.). Section 7(o) of the Department of made, such rules will be included in a Housing and Urban Development, 451 Housing and Urban Development Act succeeding semiannual agenda. 7th Street SW., Room 10276, (42 U.S.C. 3535(o)) requires that the In addition, for a few rules that have Washington, DC 20410–0500; telephone Secretary transmit to the congressional been published as proposed or interim number 202–708–3055. (This is not a committees having jurisdictional rules and which, therefore, require toll-free number.) A oversight of HUD (the Senate Committee further rulemaking, HUD has identified telecommunications device for hearing- on Banking, Housing, and Urban Affairs the timing of the next action stage as and speech-impaired individuals (TTY) and the House Committee on Financial ‘‘undetermined.’’ These are rules that is available at 800–877–8339 (Federal Services), a semiannual agenda of all are still under review by HUD for which Relay Service). rules or regulations that are under a determination and timing of the next SUPPLEMENTARY INFORMATION: Executive development or review by the action stage have not yet been made. Order 12866, ‘‘Regulatory Planning and Department. A rule appearing on the Since the purpose of publication of Review’’ (58 FR 51735), as amended, agenda cannot be published for the agenda is to encourage more requires each department or agency to comment before or during the first 15 effective public participation in the prepare semiannually an agenda of: (1) calendar days after transmittal of the regulatory process by providing the Regulations that the department or agenda. Section 7(o) provides that if, public with early information about the agency has issued or expects to issue, within that period, either committee Department’s future regulatory actions, and; (2) rules currently in effect that are notifies the Secretary that it intends to HUD invites all interested members of under departmental or agency review. review any rule or regulation that the public to comment on the rules The Regulatory Flexibility Act (5 U.S.C. appears on the agenda, the Secretary listed in the agenda. 601–612) requires each department or must submit to both committees a copy agency to publish semiannually a of the rule or regulation, in the form that Dated: March 18, 2016. regulatory agenda of rules expected to it is intended to be proposed, at least 15 Tonya T. Robinson, be proposed or promulgated that are calendar days before it is to be Principal Deputy General Counsel.
OFFICE OF HOUSING—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
169 ...... 24 CFR 3280 Manufactured Home Construction and Safety Standards (FR–5739) ...... 2502–AJ34
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DEPARTMENT OF HOUSING AND submitted by the MHCC. This proposed maintained between the air intake and URBAN DEVELOPMENT (HUD) rule is based on the third set of MHCC exhaust systems. Office of Housing (OH) recommendations to update and Timetable: improve various aspects of the Proposed Rule Stage Manufactured Housing Construction Action Date FR Cite and Safety Standards. HUD has 169. Manufactured Home Construction NPRM ...... 06/00/16 and Safety Standards (FR–5739) reviewed those proposals and has made several editorial revisions to the Legal Authority: 42 U.S.C. 5401 et proposals which were reviewed and Regulatory Flexibility Analysis seq.; 42 U.S.C. 3535(d) Required: Yes. Abstract: This proposed rule would accepted by the MHCC. This rule proposes to add new standards that Agency Contact: Richard Mendlen, amend the Federal Manufactured Home Structural Engineer, Office of Construction and Safety Standards by would establish requirements for carbon monoxide detection, stairways, fire Manufactured Housing Programs, Office adopting certain recommendations of Housing, Department of Housing and made to HUD by the Manufactured safety considerations for attached Urban Development, Office of Housing, Housing Consensus Committee (MHCC). garages, and for draftstops when there is 451 7th Street SW., Washington, DC The National Manufactured Housing a usable space above and below the 20410, Phone: 202 708–6423. Construction and Safety Standards Act concealed space of a floor/ceiling of 1974 (the Act) requires HUD to assembly and would establish RIN: 2502–AJ34 publish all proposed revised requirements for venting systems to [FR Doc. 2016–12907 Filed 6–8–16; 8:45 am] construction and safety standards ensure that proper separation is BILLING CODE 4210–67–P
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Part XI
Department of the Interior
Semiannual Regulatory Agenda
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DEPARTMENT OF THE INTERIOR SUMMARY: This notice provides the SUPPLEMENTARY INFORMATION: With this unified agenda of rules scheduled for publication, the Department satisfies the Office of the Secretary review or development between spring requirement of Executive Order 12866 2016 and spring 2017. The Regulatory that the Department publish an agenda 25 CFR Ch. I Flexibility Act and Executive Order of rules that we have issued or expect 12866 require publication of the agenda. to issue and of currently effective rules 30 CFR Chs. II and VII that we have scheduled for review. ADDRESSES: Unless otherwise indicated, 36 CFR Ch. I all agency contacts are located at the Simultaneously, the Department Department of the Interior, 1849 C Street meets the requirement of the Regulatory 43 CFR Subtitle A, Chs. I and II NW., Washington, DC 20240. Flexibility Act (5 U.S.C. 601 et seq.) to publish an agenda in April and October 48 CFR Ch. 14 FOR FURTHER INFORMATION CONTACT: of each year identifying rules that will Direct all comments and inquiries to the have significant economic effects on a 50 CFR Chs. I and IV appropriate agency contact. Direct substantial number of small entities. We general comments relating to the agenda have specifically identified in the Unified Regulatory Agenda to the Office of Executive Secretariat agenda rules that will have these effects. and Regulatory Affairs, Department of AGENCY: Office of the Secretary, Interior. the Interior, at the address above or at Mark Lawyer, ACTION: Unified regulatory agenda. 202–208–5257. Federal Register Liaison Officer.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
170 ...... Cost Recovery Adjustment ...... 1014–AA31
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
171 ...... Production Safety Systems and Lifecycle Analysis ...... 1014–AA10
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
172 ...... Blowout Prevention Systems and Well Control ...... 1014–AA11
UNITED STATES FISH AND WILDLIFE SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
173 ...... Migratory Bird Permits; Incidental Take of Migratory Birds ...... 1018–BA69
UNITED STATES FISH AND WILDLIFE SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
174 ...... National Wildlife Refuge System; Management of Non-Federal Oil and Gas Rights ...... 1018–AX36
NATIONAL PARK SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
175 ...... Non-Federal Oil and Gas Rights ...... 1024–AD78
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BUREAU OF INDIAN AFFAIRS—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
176 ...... Title Evidence for Trust Land Acquisitions (Section 610 Review) ...... 1076–AF28
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
177 ...... Stream Protection Rule ...... 1029–AC63
BUREAU OF LAND MANAGEMENT—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
178 ...... Waste Prevention, Production Subject to Royalties, and Resource Conservation ...... 1004–AE14 179 ...... Onshore Oil and Gas Order 4: Oil Measurement ...... 1004–AE16
DEPARTMENT OF THE INTERIOR (DOI) DEPARTMENT OF THE INTERIOR (DOI) DEPARTMENT OF THE INTERIOR (DOI) Bureau of Safety and Environmental Bureau of Safety and Environmental Bureau of Safety and Environmental Enforcement (BSEE) Enforcement (BSEE) Enforcement (BSEE) Proposed Rule Stage Final Rule Stage Completed Actions 170. Cost Recovery Adjustment 171. Production Safety Systems and 172. Blowout Prevention Systems and Lifecycle Analysis Well Control Legal Authority: 31 U.S.C. 9701 Legal Authority: 31 U.S.C. 9701; 43 Abstract: This rule would update 31 Legal Authority: 30 U.S.C. 1751; 31 U.S.C. 1334 cost recovery fees to allow the Bureau U.S.C. 9701; 43 U.S.C. 1334 of Safety and Environmental Abstract: The Bureau of Safety and Abstract: The Bureau of Safety and Enforcement to recover the full costs of Environmental Enforcement (BSEE) will Environmental Enforcement (BSEE) will the services it provides to the oil and amend and update the regulations amend and update regulations regarding gas industry. It complies with the regarding offshore oil and natural gas offshore oil and natural gas production. Independent Office Appropriations Act production. It will address issues such This final rule will upgrade regulations of 1952 which established that as production safety systems, subsurface related to the design, manufacture, and safety devices, and safety device testing. government services should be self- repair of blowout preventers (BOPs) in BSEE has expanded the rule to sustaining to the extent possible. response to numerous differentiate the requirements for Rulemaking is the only method recommendations. In addition to BOPs, operating dry tree and wet tree available to update these fees and the final rule will address well design, production systems on the Outer well control, safe drilling margins, comply with the intent of Congress to Continental Shelf (OCS). This rule will recover government costs when a casing, cementing, real-time monitoring, also expand use of life cycle analysis of and subsea containment. The final rule special benefit is bestowed on an critical equipment. identifiable recipient. The practice of will address many of the issues raised Timetable: cost recovery is well-established and following the Deepwater Horizon this rulemaking is not expected to be incident and from experts through a Action Date FR Cite public forum held May 22, 2012. controversial. Completed: Timetable: NPRM ...... 08/22/13 78 FR 52240 NPRM Comment 12/05/13 Reason Date FR Cite Action Date FR Cite Period End. Final Action ...... 05/00/16 Final Action ...... 04/29/16 81 FR 25887 NPRM ...... 09/00/16 Final Action Effec- 07/28/16 Regulatory Flexibility Analysis tive. Regulatory Flexibility Analysis Required: Yes. Required: Yes. Agency Contact: Lakeisha Harrison, Regulatory Flexibility Analysis Agency Contact: Kimberly Monaco, Chief, Regulations and Standards Required: Yes. Branch, Department of the Interior, Department of the Interior, Bureau of Agency Contact: Lakeisha Harrison, Safety and Environmental Enforcement, Bureau of Safety and Environmental Enforcement, 45600 Woodland Road, Phone: 703 787–1552, Fax: 703 787– 1849 C Street NW., Washington, DC 1555, Email: lakeisha.harrison@ 20240, Phone: 703 787–1658. Sterling, VA 20166, Phone: 703 787– 1552, Fax: 703 787–1555, Email: bsee.gov. RIN: 1014–AA31 [email protected]. RIN: 1014–AA11 RIN: 1014–AA10 BILLING CODE 4310–VH–P
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DEPARTMENT OF THE INTERIOR (DOI) DEPARTMENT OF THE INTERIOR (DOI) DEPARTMENT OF THE INTERIOR (DOI) United States Fish and Wildlife Service United States Fish and Wildlife Service National Park Service (NPS) (FWS) (FWS) Final Rule Stage Proposed Rule Stage Final Rule Stage 175. Non-Federal Oil and Gas Rights 173. Migratory Bird Permits; Incidental 174. National Wildlife Refuge System; Legal Authority: 54 U.S.C. 100101; 54 Take of Migratory Birds Management of Non-Federal Oil and U.S.C. 100301; 54 U.S.C. 100302; 54 Gas Rights U.S.C. 100731; 54 U.S.C. 100732 Legal Authority: 16 U.S.C. 703 to 712; Abstract: This rule would update 42 U.S.C. 4321 et seq. Legal Authority: 16 U.S.C. 668dd to National Park Service (NPS) regulations Abstract: We are preparing a ee; 42 U.S.C. 7401 et seq.; 16 U.S.C. governing the exercise of non-Federal programmatic environmental impact 1131 to 1136; 40 CFR 51.300 to 51.309 oil and gas rights within NPS unit statement (PEIS) pursuant to the Abstract: We anticipate publishing boundaries. It would accommodate new National Environmental Policy Act of regulations that ensure that all operators technology and industry practices, 1969 (42 U.S.C. 4321 to 4347; NEPA) to conducting oil or gas operations within eliminate regulatory exemptions, update evaluate the potential environmental a National Wildlife Refuge System unit requirements, remove caps on bond impacts of a proposal to authorize do so in a manner that prevents or amounts, and allow NPS to recover incidental take of migratory birds under minimizes damage to National Wildlife administrative costs. The changes make the Migratory Bird Treaty Act (16 U.S.C. Refuge System resources, visitor values, the regulations more effective and efficient and maintain the highest level 703 to 711). In drafting the PEIS, we and management objectives. These of protection compatible with park invited input from other Federal and regulations will not result in a taking of resources and values. State agencies, tribes, nongovernmental a property interest, but rather to impose Timetable: organizations, and members of the reasonable controls on operations that public on the scope of the proposed affect federally owned or controlled Action Date FR Cite NEPA analysis, the pertinent issues we lands, and/or waters. ANPRM ...... 11/25/09 74 FR 61596 should address, and alternatives to our Timetable: proposed approach for authorizing ANPRM Comment 01/25/10 incidental take. Based on this PEIS, we Period End. Action Date FR Cite NPRM ...... 10/26/15 80 FR 65571 propose to establish regulations to NPRM Comment 12/28/15 govern the incidental take of migratory ANPRM ...... 02/24/14 79 FR 10080 Period End. birds from activities under which ANPRM Comment 04/25/14 Final Action ...... 09/00/16 migratory birds are killed incidental to Period End. otherwise lawful activities. These ANPRM Comment 06/09/14 79 FR 32903 Regulatory Flexibility Analysis Period Re- Required: Yes. proposed regulations will establish rules opened. for individual permits and Agency Contact: Ed Kassman, ANPRM Comment 07/09/14 Regulatory Specialist, Department of the programmatic agreements with Federal Period Reopen- agencies and will establish the basis for ing End. Interior, National Park Service, 12795 future rulemaking for general NPRM ...... 12/11/15 80 FR 77200 West Alameda Parkway, Lakewood, CA authorizations for incidental take of NPRM Comment 02/09/16 80225, Phone: 303 969–2146, Email: [email protected]. migratory birds. Period End. Final Action ...... 08/00/16 RIN: 1024–AD78 Timetable: BILLING CODE 4310–EJ–P Action Date FR Cite Regulatory Flexibility Analysis Required: Yes. Notice ...... 05/26/15 80 FR 30032 Agency Contact: Brian Salem, DEPARTMENT OF THE INTERIOR (DOI) Comment Period 07/27/15 Conservation Policy Analyst, End. Bureau of Indian Affairs (BIA) Department of the Interior, United NPRM; NOA for 10/00/16 Final Rule Stage DEIS. States Fish and Wildlife Service, 5275 Leesburg Pike, MS: NWRS, Falls 176. • Title Evidence for Trust Land Church, VA 22041–3808, Phone: 703 Regulatory Flexibility Analysis Acquisitions (Section 610 Review) 358–2397, Email: [email protected]. Required: Yes. Legal Authority: 5 U.S.C. 301; 25 Scott Covington, Refuge Energy Agency Contact: Stephen Earsom, U.S.C. 2; 25 U.S.C. 9 Program Coordinator, Department of the Biologist–Pilot, Regions 4 & 5 Aviation Abstract: This rule would delete the Interior, United States Fish and Wildlife requirement for applicants to furnish Manager, Department of the Interior, Service, National Wildlife Refuge title evidence that meets the Standards United States Fish and Wildlife Service, System, 5275 Leesburg Pike, MS: for the Preparation of Title Evidence in Phone: 301 980–8711, Email: stephen_ NWRS, Falls Church, VA 22041–3808, Land Acquisitions by the United States [email protected]. Phone: 703 358–2427, Email: scott_ issued by the U.S. Department of Justice RIN: 1018–BA69 [email protected]. (DOJ), and replace the requirement with a less onerous, more targeted RIN: 1018–AX36 requirement for title evidence. The DOJ BILLING CODE 4333–15–P standards are intended for acquisitions of Federal land, not for acquisitions of land in trust or restricted status for Indian Tribes or individuals.
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Timetable: Action Date FR Cite Action Date FR Cite
Action Date FR Cite NPRM Comment 09/10/15 80 FR 54590 NPRM Comment 04/08/16 Period Ex- Period End. Interim Final Rule 03/01/16 81 FR 10477 tended. NPRM Comment 04/22/16 Interim Final Rule 03/31/16 NPRM Comment 09/25/15 Period Ex- Comment Pe- Period End. tended End. riod End. NPRM Comment 10/26/15 Final Action ...... 11/00/16 Interim Final Rule- 04/15/16 81 FR 22183 Period Ex- Delay of Effec- tended End. Regulatory Flexibility Analysis tive Date. Final Action ...... 07/00/16 Required: Yes. Interim Final Rule 04/15/16 Agency Contact: Steven Wells, Effective. Regulatory Flexibility Analysis Interim Final 05/00/16 Division Chief, Fluid Minerals Division, Required: Yes. Department of the Interior, Bureau of Rule—Con- Agency Contact: Dennis Rice, Land Management, Room 2134 LM, 20 firmation of Regulatory Analyst, Department of the Rulemaking. M Street SE., Washington, DC 20003, Interior, Office of Surface Mining Interim Final Rule- 05/16/16 Phone: 202 912–7143, Fax: 202 912– Reclamation and Enforcement, 1951 Delay of Effec- 7194, Email: [email protected]. Constitution Avenue NW., Washington, tive Date Effec- RIN: 1004–AE14 tive. DC 20240, Phone: 202 208–2829, Email: [email protected]. 179. Onshore Oil and Gas Order 4: Oil Regulatory Flexibility Analysis RIN: 1029–AC63 Measurement Required: No. BILLING CODE 4310–05–P Legal Authority: 25 U.S.C. 396(d); 25 Agency Contact: Elizabeth Appel, U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. Director, Office of Regulatory Affairs, 306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 Department of the Interior, 1849 C Street U.S.C. 1732(b); 43 U.S.C. 1733; 43 NW., Washington, DC 20240, Phone: DEPARTMENT OF THE INTERIOR (DOI) U.S.C. 1740 202 273–4680, Email: elizabeth.appel@ Bureau of Land Management (BLM) Abstract: Onshore Order 4 establishes bia.gov. minimum standards to ensure liquid RIN: 1076–AF28 Final Rule Stage hydrocarbons are accurately measured BILLING CODE 4337–15–P 178. Waste Prevention, Production and reported. This Order was last Subject to Royalties, and Resource updated in 1989, and since then Conservation changes in technology have allowed for DEPARTMENT OF THE INTERIOR (DOI) Legal Authority: 25 U.S.C. 396d; 25 more accurate fluid measurement. This U.S.C. 2107; 30 U.S.C. 189; 30 U.S.C. order will incorporate current industry Office of Surface Mining Reclamation 306; 30 U.S.C. 359; 30 U.S.C. 1751; 43 standards and allow for the use of new and Enforcement (OSMRE) U.S.C. 1732(b); 43 U.S.C. 1733; 43 technology. Final Rule Stage U.S.C. 1740 Timetable: Abstract: The rule would update 177. Stream Protection Rule decades-old standards to reduce Action Date FR Cite Legal Authority: 30 U.S.C. 1201 et seq. wasteful venting, flaring, and leaks of Abstract: On August 12, 2009, the natural gas from onshore wells located NPRM ...... 09/30/15 80 FR 58952 NPRM Comment 11/23/15 80 FR 72943 U.S. District Court for the District of on Federal and Indian oil and gas leases. Period Ex- Columbia denied the Government’s The proposed standards would establish tended. request that the court vacate and requirements and incentives to reduce NPRM Comment 12/14/15 remand the Excess Spoil/Stream Buffer waste of gas and clarify when royalties Period End. Zone rule published on December 12, apply to lost gas. This action will Final Action ...... 05/00/16 2008. Therefore, the Department intends enhance our energy security and to initiate notice and comment economy by boosting America’s natural Regulatory Flexibility Analysis rulemaking to address issues arising gas supplies, ensuring that taxpayers Required: Yes. from previous rulemakings. The Agency receive the royalties due to them from Agency Contact: Steven Wells, also intends to prepare a new development of public resources, and Division Chief, Fluid Minerals Division, environmental impact statement. reducing emissions. Department of the Interior, Bureau of Timetable: Timetable: Land Management, Room 2134 LM, 20 M Street SE., Washington, DC 20003, Action Date FR Cite Action Date FR Cite Phone: 202 912–7143, Fax: 202 912– 7194, Email: [email protected]. ANPRM ...... 11/30/09 74 FR 62664 NPRM ...... 02/08/16 81 FR 6616 RIN: 1004–AE16 ANPRM Comment 12/30/09 NPRM Comment 04/04/16 81 FR 19110 Period End. Period Ex- [FR Doc. 2016–12908 Filed 6–8–16; 8:45 am] NPRM ...... 07/27/15 80 FR 44436 tended. BILLING CODE 4311–84–P
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Part XII
Department of Justice
Semiannual Regulatory Agenda
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DEPARTMENT OF JUSTICE FOR FURTHER INFORMATION CONTACT: (1) Rules that are in the Agency’s Robert Hinchman, Senior Counsel, regulatory flexibility agenda, in 8 CFR Ch. V Office of Legal Policy, Department of accordance with the Regulatory Justice, Room 4252, 950 Pennsylvania Flexibility Act, because they are likely 21 CFR Ch. I Avenue NW., Washington, DC 20530, to have a significant economic impact (202) 514–8059. on a substantial number of small 27 CFR Ch. II entities; and SUPPLEMENTARY INFORMATION: Beginning (2) any rules that the Agency has 28 CFR Ch. I, V with the fall 2007 edition, the Internet identified for periodic review under has been the basic means for section 610 of the Regulatory Flexibility Regulatory Agenda disseminating the Unified Agenda. The Act. complete Unified Agenda will be Printing of these entries is limited to AGENCY: Department of Justice. available online at www.reginfo.gov in a fields that contain information required format that offers users a greatly ACTION: Semiannual regulatory agenda. by the Regulatory Flexibility Act’s enhanced ability to obtain information Agenda requirements. Additional from the Agenda database. SUMMARY: The Department of Justice is information on these entries is available publishing its spring 2016 regulatory Because publication in the Federal in the Unified Agenda published on the agenda pursuant to Executive Order Register is mandated for the regulatory Internet. 12866, ‘‘Regulatory Planning and flexibility agendas required by the Dated: March 24, 2016. Review,’’ 58 FR 51735, and the Regulatory Flexibility Act (5 U.S.C. 602), Jonathan J. Wroblewski, Regulatory Flexibility Act, 5 U.S.C. 601 the Department of Justice’s printed Principal Deputy Assistant Attorney General, to 612 (1988). agenda entries include only: Office of Legal Policy.
CIVIL RIGHTS DIVISION—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
180 ...... Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and 1190–AA65 Local Governments.
CIVIL RIGHTS DIVISION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
181 ...... Nondiscrimination on the Basis of Disability; Movie Captioning and Audio Description ...... 1190–AA63
DEPARTMENT OF JUSTICE (DOJ) AA65. This rulemaking will provide These Government Web sites are specific guidance to State and local important because they allow programs Civil Rights Division (CRT) governments in order to make services, and services to be offered in a more Prerule Stage programs, or activities offered to the dynamic, interactive way in order to 180. Nondiscrimination on the Basis of public via the Web accessible to increase citizen participation; increase Disability: Accessibility of Web individuals with disabilities. The ADA convenience and speed in obtaining Information and Services of State and requires that State and local information or services; reduce costs in Local Governments governments provide qualified providing information about individuals with disabilities equal Government services and administering Legal Authority: 42 U.S.C. 12101 et access to their programs, services, or programs; reduce the amount of seq. activities unless doing so would paperwork; and expand the possibilities Abstract: The Department published fundamentally alter the nature of their of reaching new sectors of the an ANPRM on July 26, 2010, RIN 1190– programs, services, or activities or community or offering new programs or AA61, that addressed issues relating to would impose an undue burden. 42. services. Many States and localities proposed revisions of both the title II U.S.C. 12132. The Internet as it is have begun to improve the accessibility and title III ADA regulations in order to known today did not exist when of portions of their Web sites. However, provide guidance on the obligations of Congress enacted the ADA; yet today full compliance with the ADA’s promise covered entities to make programs, the Internet is dramatically changing the to provide an equal opportunity for services and activities offered over the way that governmental entities serve the individuals with disabilities to Web accessible to individuals with public. Taking advantage of new participate in and benefit from all disabilities. The Department has now technology, citizens can now use State aspects of the programs, services, and divided the rulemakings in the next step and local government Web sites to activities provided by State and local of the rulemaking process so as to correspond online with local officials; governments in today’s technologically proceed with separate notices of obtain information about government advanced society will only occur if it is proposed rulemakings for title II and services; renew library books or driver’s clear to public entities that their Web title III. The title III rulemaking on Web licenses; pay fines; register to vote; sites must be accessible. Consequently, accessibility will continue under RIN obtain tax information and file tax the Department intends to publish a 1190–AA61 and the title II rulemaking returns; apply for jobs or benefits; and Notice of Proposed Rulemaking (NPRM) will continue under the new RIN 1190– complete numerous other civic tasks. to amend its title II regulations to
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expressly address the obligations of DEPARTMENT OF JUSTICE (DOJ) ensure that no individual with a disability is excluded, denied services, public entities to make the Web sites Civil Rights Division (CRT) they use to provide programs, activities, segregated or otherwise treated or services or information to the public Final Rule Stage differently because of the absence of accessible to and usable by individuals 181. Nondiscrimination on the Basis of auxiliary aids and services, such as with disabilities under the legal Disability; Movie Captioning and Audio captioning and video description, framework established by the ADA. The Description unless the entity can demonstrate that proposed regulation will propose the taking such steps would fundamentally Legal Authority: 42 U.S.C. 12101, et alter the nature of the good, service, scope of the obligation to provide seq. accessibility when persons with facility, privilege, advantage, or Abstract: Following its advance notice accommodation being offered or would disabilities access public Web sites, as of proposed rulemaking published on well as propose the technical standards result in an undue burden,’’ (42 U.S.C. July 26, 2010, the Department plans to 12182(b)(2)(A)(iii)). necessary to comply with the ADA. publish a proposed rule addressing the Timetable: Timetable: requirements for captioning and video description of movies exhibited in Action Date FR Cite Action Date FR Cite movie theatres under title III of the Americans with Disabilities Act of 1990 ANPRM ...... 07/26/10 75 FR 43467 ANPRM ...... 07/26/10 75 FR 43460 (ADA). Title III prohibits discrimination ANPRM Comment 01/24/11 ANPRM Comment 01/21/11 on the basis of disability in the activities Period End. Period End. of places of public accommodation NPRM ...... 08/01/14 79 FR 44975 Second ANPRM .. 05/00/16 (private entities whose operations affect NPRM Comment 09/08/14 79 FR 53146 Second ANPRM 08/00/16 commerce and that fall into one of Period Ex- Comment Pe- twelve categories listed in the ADA). 42 tended. riod End. U.S.C. 12181–12189. Title III makes it NPRM Comment 09/30/14 NPRM ...... 07/00/17 Period End. unlawful for places of public NPRM Extended 12/01/14 NPRM Comment 09/00/17 accommodation, such as movie theaters, Period End. Comment Pe- to discriminate against individuals with riod End. disabilities in the full and equal Final Action ...... 07/00/16 Regulatory Flexibility Analysis enjoyment of the goods, services, Required: Yes. facilities, privileges, advantages, or Regulatory Flexibility Analysis Agency Contact: Rebecca B. Bond, accommodations of a place of public Required: Yes. Chief, Department of Justice, Civil accommodation (42 U.S.C. 12182[a]). Agency Contact: Rebecca B. Bond, Rights Division, Disability Rights Moreover, title III prohibits places of Chief, Department of Justice, Civil Section, 950 Pennsylvania Avenue NW., public accommodation from affording Rights Division, Disability Rights an unequal or lesser service to Washington, DC 20530, Phone: 800 514– Section, 950 Pennsylvania Avenue NW., individuals or classes of individuals 0301. Washington, DC 20530, Phone: 800 514– with disabilities than is offered to other 0301. RIN: 1190–AA65 individuals (42 U.S.C. 12182(b)(1)(A)(ii)). Title III requires RIN: 1190–AA63 places of public accommodation to take [FR Doc. 2016–12909 Filed 6–8–16; 8:45 am] ‘‘such steps as may be necessary to BILLING CODE 4410–BP–P
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Part XIII
Department of Labor
Semiannual Regulatory Agenda
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DEPARTMENT OF LABOR agenda in the Federal Register. This The Regulatory Flexibility Act (5 Federal Register Notice contains the U.S.C. 602) requires DOL to publish in Office of the Secretary regulatory flexibility agenda. the Federal Register a regulatory flexibility agenda. The Department’s FOR FURTHER INFORMATION CONTACT: 20 CFR Chs. I, IV, V, VI, VII, and IX Regulatory Flexibility Agenda published Kathleen Franks, Director, Office of with this notice includes only those Regulatory Policy, Office of the 29 CFR Subtitle A and Chs. II, IV, V, rules on its semiannual agenda that are Assistant Secretary for Policy, U.S. XVII, and XXV likely to have a significant economic Department of Labor, 200 Constitution impact on a substantial number of small Avenue NW., Room S–2312, 30 CFR Ch. I entities; and those rules identified for Washington, DC 20210; (202) 693–5959. periodic review in keeping with the 41 CFR Ch. 60 Note: Information pertaining to a specific requirements of section 610 of the regulation can be obtained from the agency Regulatory Flexibility Act. Thus, the 48 CFR Ch. 29 contact listed for that particular regulation. regulatory flexibility agenda is a subset of the Department’s semiannual SUPPLEMENTARY INFORMATION: Executive Semiannual Agenda of Regulations regulatory agenda. There is only one Order 12866 requires the semiannual item on the Department of Labor’s AGENCY: Office of the Secretary, Labor. publication of an agenda of regulations Regulatory Flexibility Agenda: ACTION: Semiannual Regulatory Agenda. that contains a listing of all the regulations the Department of Labor Occupational Safety and Health SUMMARY: The Internet has become the expects to have under active Administration means for disseminating the entirety of consideration for promulgation, Bloodborne Pathogens (RIN 1218– the Department of Labor’s semiannual proposal, or review during the coming AC34). regulatory agenda. However, the one-year period. The entirety of the Regulatory Flexibility Act requires Department’s semiannual agenda is Thomas E. Perez, publication of a regulatory flexibility available online at www.reginfo.gov. Secretary of Labor.
WAGE AND HOUR DIVISION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
182 ...... Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and 1235–AA11 Computer Employees. 183 ...... Establishing Paid Sick Leave for Contractors, Executive Order 13706 ...... 1235–AA13
EMPLOYMENT AND TRAINING ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
184 ...... Modernizing the Permanent Labor Certification Program (PERM) ...... 1205–AB75
EMPLOYMENT AND TRAINING ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
185 ...... Workforce Innovation and Opportunity Act ...... 1205–AB73 186 ...... Workforce Innovation and Opportunity Act; Joint Rule With U.S. Department of Education for Combined 1205–AB74 and Unified State Plans, Performance Accountability, and the One-Stop System Joint Provisions.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
187 ...... Conflict of Interest Rule—Investment Advice ...... 1210–AB32
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
188 ...... Bloodborne Pathogens (Section 610 Review) ...... 1218–AC34 189 ...... Combustible Dust ...... 1218–AC41 190 ...... Preventing Backover Injuries and Fatalities ...... 1218–AC51
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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
191 ...... Occupational Exposure to Beryllium ...... 1218–AB76 192 ...... Infectious Diseases ...... 1218–AC46
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
193 ...... Injury and Illness Prevention Program ...... 1218–AC48
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
194 ...... Occupational Exposure to Crystalline Silica ...... 1218–AB70
DEPARTMENT OF LABOR (DOL) Policy, Wage and Hour (WHD), Regulatory Flexibility Analysis Department of Labor, Wage and Hour Required: Yes. Wage and Hour Division (WHD) Division, 200 Constitution Avenue NW., Agency Contact: Robert Waterman, Final Rule Stage Room S–3502, FP Building, Compliance Specialist, Department of 182. Defining and Delimiting the Washington, DC 20210, Phone: 202 693– Labor, Wage and Hour Division, 200 Exemptions for Executive, 0406, Fax: 202 693–1387. Constitution Avenue NW., Room S– Administrative, Professional, Outside RIN: 1235–AA11 3010, Washington, DC 20210, Phone: Sales, and Computer Employees 202 693–0805, Email: waterman.robert@ 183. Establishing Paid Sick Leave for dol.gov. Contractors, Executive Order 13706 Legal Authority: 29 U.S.C. 213(a)(1) RIN: 1235–AA13 (Fair Labor Standards Act) Legal Authority: Not Yet Determined Abstract: The Department proposes to Abstract: Executive Order 13706, update the regulations governing which Establishing Paid Sick Leave for Federal executive, administrative, and DEPARTMENT OF LABOR (DOL) Contractors (80 FR 54697) establishes professional employees (white collar paid sick leave for Federal contractors Employment and Training workers) are entitled to the Fair Labor and subcontractors. The Executive order Administration (ETA) Standards Act’s minimum wage and indicates that Executive Departments overtime pay protections. Key Proposed Rule Stage and agencies shall, to the extent provisions of the proposed rule include: permitted by law, ensure that new 184. Modernizing the Permanent Labor (1) Setting the standard salary level contracts, contract-like instruments, and Certification Program (PERM) required for exemption for full-time solicitations as described in section 6 of salaried workers; (2) increasing the total Legal Authority: 8 U.S.C. the order, include a clause, which the annual compensation requirement 1152(a)(5)(A) contractor and any subcontractors shall needed to exempt highly compensated Abstract: The PERM regulations employees; and (3) establishing a incorporate into lower-tier subcontracts, govern the labor certification process for mechanism for automatically updating specifying that all employees, in the employers seeking to employ foreign the salary and compensation levels performance of the contract or any workers permanently in the United going forward to ensure that they will subcontract thereunder, shall earn not States. The Department of Labor continue to provide a useful and less than one hour of paid sick leave for (Department) has not comprehensively effective test for exemption. The every 30 hours worked. Consistent with examined and modified the permanent Department last updated these the Executive order, the Department of labor certification requirements and regulations in 2004, which, among other Labor will issue implementing process since 2004. Over the last ten items, set the standard salary level at regulations. years, much has changed in our not less than $455 per week. Timetable: country’s economy, affecting employers’ Timetable: demand for workers and the availability Action Date FR Cite of a qualified domestic labor force. Action Date FR Cite NPRM ...... 02/25/16 81 FR 9592 Advances in technology and information dissemination have NPRM ...... 07/06/15 80 FR 38516 NPRM Comment 03/28/16 NPRM Comment 09/04/15 Period End. dramatically altered common industry Period End. NPRM Comment 03/14/16 81 FR 13306 recruitment practices, and the Final Rule ...... 05/00/16 Period Ex- Department has received ongoing tended. feedback that the existing regulatory Regulatory Flexibility Analysis NPRM Comment 04/12/16 requirements governing the PERM Period Ex- process frequently do not align with Required: Yes. tended End. Agency Contact: Mary Ziegler, Final Rule ...... 09/00/16 worker or industry needs and practices. Assistant Administrator, Office of Therefore, the Department is engaging
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in rulemaking that will consider options Action Date FR Cite DEPARTMENT OF LABOR (DOL) to modernize the PERM program to be more responsive to changes in the NPRM Comment 06/15/15 Employee Benefits Security national workforce, to further align the Period End. Administration (EBSA) Final Rule ...... 06/00/16 program design with the objectives of Completed Actions the U.S. immigration system and needs of workers and employers, and to Regulatory Flexibility Analysis 187. Conflict of Interest Rule— enhance the integrity of the labor Required: Yes. Investment Advice certification process. Agency Contact: Portia Wu, Assistant Legal Authority: 29 U.S.C. 1002; Timetable: Secretary for Employment and Training, Department of Labor, Employment and ERISA sec 3(21); 29 U.S.C. 1135; ERISA Action Date FR Cite Training Administration, 200 sec 505 Constitution Avenue NW., FP Building, Abstract: This rulemaking would NPRM ...... 05/00/16 Washington, DC 20210, Phone: 202 639– reduce harmful conflicts of interest by 2700. amending the regulatory definition of Regulatory Flexibility Analysis RIN: 1205–AB73 the term ‘‘fiduciary’’ set forth at 29 CFR Required: Yes. 2510.3–21(c) to more broadly define as Agency Contact: William W. 186. Workforce Innovation and fiduciaries those persons who render Thompson II, Acting Administrator, Opportunity Act; Joint Rule With U.S. investment advice to plans and IRAs for Office of Foreign Labor Certification, Department of Education for Combined a fee within the meaning of section Department of Labor, Employment and and Unified State Plans, Performance 3(21) of the Employee Retirement Accountability, and the One-Stop Training Administration, 200 Income Security Act (ERISA) and System Joint Provisions Constitution Avenue NW., FP Building, section 4975(e)(3) of the Internal Room C–4312, Washington, DC 20210, Legal Authority: Sec. 503(f) of the Revenue Code. The amendment would Phone: 202 693–3010. Workforce Innovation and Opportunity take into account current practices of RIN: 1205–AB75 Act (Pub. L. 113–128) investment advisers, and the Abstract: On July 22, 2014, the expectations of plan officials and President signed the Workforce participants, and IRA owners who DEPARTMENT OF LABOR (DOL) Innovation and Opportunity Act receive investment advice, as well as (WIOA) (Pub. L. 113–128) which repeals changes that have occurred in the Employment and Training the Workforce Investment Act of 1998 investment marketplace, and in the Administration (ETA) (WIA). (29 U.S.C. 2801 et seq.) As ways advisers are compensated that Final Rule Stage directed by WIOA, the Departments of frequently subject advisers to harmful Education and Labor issued a Notice of conflicts of interest. 185. Workforce Innovation and Proposed Rulemaking (NPRM) on April Timetable: Opportunity Act 16, 2015, to implement the changes in Legal Authority: Sec. 503(f) of the regulations that WIOA makes to the Action Date FR Cite Workforce Innovation and Opportunity public workforce system regarding Act (Pub. L. 113–128) Combined and Unified State Plans, NPRM ...... 10/22/10 75 FR 65263 Abstract: On July 22, 2014, the performance accountability for WIOA NPRM Comment 01/20/11 President signed the Workforce title I, title II, title III, and title IV Period End. Innovation and Opportunity Act programs, and the one-stop delivery Second NPRM .... 04/20/15 80 FR 21928 (WIOA) (Pub. L. 113–128). WIOA system. Second NPRM 07/06/15 repeals the Workforce Investment Act of All of the other regulations Comment Pe- riod End. 1998 (WIA) and amends the Wagner- implementing WIOA were published by the Departments of Labor and Education Notice of Public 06/18/15 80 FR 34869 Peyser Act. (29 U.S.C. 2801 et seq.) The Hearing and Department of Labor issued a Notice of in separate NPRMs. The Departments Extension of Proposed Rulemaking (NPRM) on April have analyzed the comments received Comment Pe- 16, 2015, that proposed to implement and are developing a final rule. riod. the changes WIOA makes to the public Timetable: Extension of 07/21/15 workforce system in regulations. Comment Pe- Through the NPRM, the Department Action Date FR Cite riod End. proposed ways to carry out the purposes Final Action ...... 04/08/16 81 FR 20945 of WIOA to provide workforce NPRM ...... 04/16/15 80 FR 20574 Final Rule Effec- 06/07/16 investment activities, through State and NPRM Comment 06/15/15 tive. Period End. local workforce development systems, Final Rule ...... 06/00/16 that increase employment, retention, Regulatory Flexibility Analysis and earnings of participants, meet the Regulatory Flexibility Analysis Required: Yes. skill requirements of employers, and Required: Yes. Agency Contact: Jeffrey J. Turner, enhance the productivity and Deputy Director, Office of Regulations competitiveness of the Nation. The Agency Contact: Portia Wu, Assistant Secretary for Employment and Training, and Interpretations, Department of Department has analyzed the comments Labor, Employee Benefits Security received and is developing a final rule. Department of Labor, Employment and Training Administration, 200 Administration, 200 Constitution Timetable: Constitution Avenue NW., FP Building, Avenue NW., FP Building, Room N– 5655, Washington, DC 20210, Phone: Action Date FR Cite Washington, DC 20210, Phone: 202 639– 2700. 202 693–8500. NPRM ...... 04/16/15 80 FR 20690 RIN: 1205–AB74 RIN: 1210–AB32
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DEPARTMENT OF LABOR (DOL) Action Date FR Cite Building, 200 Constitution Avenue NW., Washington, DC 20210, Phone: 202 693– Occupational Safety and Health Stakeholders 03/09/10 75 FR 10739 2020, Fax: 202 693–1689, Email: Administration (OSHA) Meetings. [email protected]. Prerule Stage Initiate SBREFA .. 10/00/16 RIN: 1218–AC51 188. Bloodborne Pathogens (Section 610 Regulatory Flexibility Analysis Review) Required: Yes. DEPARTMENT OF LABOR (DOL) Legal Authority: 5 U.S.C. 533; 5 U.S.C. Agency Contact: William Perry, 610; 29 U.S.C. 655(b) Director, Directorate of Standards and Occupational Safety and Health Abstract: OSHA will undertake a Guidance, Department of Labor, Administration (OSHA) review of the Bloodborne Pathogen Occupational Safety and Health Standard (29 CFR 1910.1030) in Administration, 200 Constitution Proposed Rule Stage accordance with the requirements of the Avenue NW., FP Building, Room N– 191. Occupational Exposure to Regulatory Flexibility Act and section 5 3718, Washington, DC 20210, Phone: Beryllium 202 693–1950, Fax: 202 693–1678, of Executive Order 12866. The review Legal Authority: 29 U.S.C. 655(b); 29 will consider the continued need for the Email: [email protected] RIN: 1218–AC41 U.S.C. 657 rule; whether the rule overlaps, Abstract: In 1999 and 2001, OSHA duplicates, or conflicts with other 190. Preventing Backover Injuries And was petitioned to issue an emergency Federal, State or local regulations; and Fatalities temporary standard for permissible the degree to which technology, Legal Authority: 29 U.S.C. 655(b) exposure limit (PEL) to beryllium by the economic conditions, or other factors Abstract: Backing vehicles and United Steel Workers (formerly the may have changed since the rule was equipment are common causes of Paper Allied-Industrial, Chemical, and evaluated. struck-by injuries and can also cause Energy Workers Union), Public Citizen Timetable: caught-between injuries when backing Health Research Group, and others. The Agency denied the petitions but stated Action Date FR Cite vehicles and equipment pin a worker against an object. Struck-by injuries and its intent to begin data gathering to Begin Review ...... 10/22/09 caught-between injuries are two of the collect needed information on Request for Com- 05/14/10 75 FR 27237 four leading causes of workplace beryllium’s toxicity, risks, and patterns ments Pub- fatalities. The Bureau of Labor Statistics of usage. On November 26, 2002, OSHA lished. reports that in 2013, 67 workers were published a Request for Information Comment Period 08/12/10 fatally backed over while working. (RFI) (67 FR 70707) to solicit End. While many backing incidents can information pertinent to occupational End Review and 10/00/16 exposure to beryllium, including: Issue Findings. prove to be fatal, workers can suffer severe, non-fatal injuries as well. A current exposures to beryllium; the relationship between exposure to Regulatory Flexibility Analysis review of OSHA’s Integrated beryllium and the development of Required: No. Management Information System (IMIS) Agency Contact: Amanda Edens, database found that backing incidents adverse health effects; exposure Director, Directorate of Technical can result in serious injury to the back assessment and monitoring methods; Support and Emergency Management, and pelvis, fractured bones, exposure control methods; and medical Department of Labor, Occupational concussions, amputations, and other surveillance. In addition, the Agency Safety and Health Administration, 200 injuries. Emerging technologies in the conducted field surveys of selected Constitution Avenue NW., FP Building, field of backing operations may prevent worksites to assess current exposures Room N–3653, Washington, DC 20210, incidents. The technologies include and control methods being used to Phone: 202 693–2300, Fax: 202 693– cameras and proximity detection reduce employee exposures to 1644, Email: [email protected]. systems. The use of spotters and beryllium. OSHA convened a Small RIN: 1218–AC34 internal traffic control plans can also Business Advocacy Review Panel under make backing operations safer. The the Small Business Regulatory 189. Combustible Dust Agency has held stakeholder meetings Enforcement Fairness Act (SBREFA) Legal Authority: 29 U.S.C. 655(b); 29 on backovers, and is conducting site and completed the SBREFA Report in U.S.C. 657 visits to employers, and is developing a January 2008. OSHA also completed a Abstract: Occupational Safety and standard to address these hazards. scientific peer review of its draft risk Health Administration (OSHA) has Timetable: assessment. initiated rulemaking to develop a Timetable: combustible dust standard for general Action Date FR Cite industry. OSHA will use information Action Date FR Cite gathered, including from an upcoming Request for Infor- 03/29/12 77 FR 18973 Request for Infor- 11/26/02 67 FR 70707 SBREFA panel, to develop a mation (RFI). RFI Comment Pe- 07/27/12 mation (RFI). comprehensive standard that addresses riod End. RFI Comment Pe- 02/24/03 combustible dust hazards. Initiate SBREFA .. 12/00/16 riod End. Timetable: SBREFA Report 01/23/08 Regulatory Flexibility Analysis Completed. Action Date FR Cite Required: Yes. Initiated Peer Re- 03/22/10 view of Health ANPRM ...... 10/21/09 74 FR 54333 Agency Contact: Dean Mckenzie, Effects and Stakeholder Meet- 12/14/09 Acting Director, Directorate of Risk Assess- ings. Construction, Department of Labor, ment. ANPRM Comment 01/19/10 Occupational Safety and Health Complete Peer 11/19/10 Period End. Administration, Room N–3468, FP Review.
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Action Date FR Cite laboratories, which handle materials Health and Safety Assessment Series that may be a source of pathogens, and 18001. NPRM ...... 08/07/15 80 FR 47565 to pathologists, coroners’ offices, Timetable: NPRM Comment 11/05/15 medical examiners, and mortuaries. Period End. Timetable: Action Date FR Cite Notice of Public 12/30/15 80 FR 81475 Hearing; Date Action Date FR Cite Notice of Stake- 05/04/10 75 FR 23637 02/29/2016. holder Meetings. Notice of Public 02/16/16 81 FR 7717 Request for Infor- 05/06/10 75 FR 24835 Notice of Addi- 06/22/10 75 FR 35360 Hearing; Date mation (RFI). tional Stake- Change 03/21/ RFI Comment Pe- 08/04/10 holder Meetings. 2016. riod End. Analyze Com- 06/00/16 Analyze Com- 12/30/10 SBREFA ...... To Be Determined ments. ments. Stakeholder Meet- 07/05/11 76 FR 39041 Regulatory Flexibility Analysis Regulatory Flexibility Analysis ings. Required: Yes. Required: Yes. Initiate SBREFA .. 06/04/14 Agency Contact: William Perry, Agency Contact: William Perry, Complete 12/22/14 Director, Directorate of Standards and Director, Directorate of Standards and SBREFA. NPRM ...... 03/00/17 Guidance, Department of Labor, Guidance, Department of Labor, Occupational Safety and Health Occupational Safety and Health Regulatory Flexibility Analysis Administration, 200 Constitution Administration, 200 Constitution Avenue NW., FP Building, Room N– Avenue NW., FP Building, Room N– Required: Yes. Agency Contact: William Perry, 3718, Washington, DC 20210, Phone: 3718, Washington, DC 20210, Phone: 202 693–1950, Fax: 202 693–1678, 202 693–1950, Fax: 202 693–1678, Director, Directorate of Standards and Guidance, Department of Labor, Email: [email protected]. Email: [email protected]. RIN: 1218–AC48 RIN: 1218–AB76 Occupational Safety and Health Administration, 200 Constitution 192. Infectious Diseases Avenue NW., FP Building, Room N– Legal Authority: 5 U.S.C. 533; 29 3718, Washington, DC 20210, Phone: DEPARTMENT OF LABOR (DOL) U.S.C. 657 and 658; 29 U.S.C. 660; 29 202 693–1950, Fax: 202 693–1678, U.S.C. 666; 29 U.S.C. 669; 29 U.S.C. 673 Email: [email protected]. Occupational Safety and Health Abstract: Employees in health care RIN: 1218–AC46 Administration (OSHA) and other high-risk environments face Completed Actions long-standing infectious disease hazards 194. Occupational Exposure to such as tuberculosis (TB), varicella DEPARTMENT OF LABOR (DOL) disease (chickenpox, shingles), and Crystalline Silica measles (rubeola), as well as new and Occupational Safety and Health Legal Authority: 29 U.S.C. 655(b); 29 emerging infectious disease threats, Administration (OSHA) U.S.C. 657 such as Severe Acute Respiratory Long-Term Actions Abstract: Crystalline silica is a Syndrome (SARS) and pandemic significant component of the earth’s influenza. Health care workers and 193. Injury and Illness Prevention crust, and many workers in a wide range workers in related occupations, or who Program of industries are exposed to it, usually are exposed in other high-risk Legal Authority: 29 U.S.C. 653; 29 in the form of respirable quartz or, less environments, are at increased risk of U.S.C. 655(b); 29 U.S.C. 657 frequently, cristobalite. Chronic silicosis contracting TB, SARS, Methicillin- Abstract: OSHA is developing a rule is a uniquely occupational disease resistant Staphylococcus aureus requiring employers to implement an resulting from exposure of employees (MRSA), and other infectious diseases Injury and Illness Prevention Program. It over long periods of time (10 years or that can be transmitted through a variety involves planning, implementing, more). Exposure to high levels of of exposure routes. OSHA is concerned evaluating, and improving processes respirable crystalline silica causes acute about the ability of employees to and activities that protect employee or accelerated forms of silicosis that are continue to provide health care and safety and health. OSHA has substantial ultimately fatal. The current OSHA other critical services without data on reductions in injuries and permissible exposure limit (PEL) for unreasonably jeopardizing their health. illnesses from employers who have general industry is based on a formula OSHA is developing a standard to implemented similar effective proposed by the American Conference ensure that employers establish a processes. The Agency currently has of Governmental Industrial Hygienists comprehensive infection control voluntary Safety and Health Program (ACGIH) in 1968 (PEL = 10mg/cubic program and control measures to protect Management Guidelines (54 FR 3904 to meter/(% silica + 2), as respirable dust). employees from infectious disease 3916), published in 1989. An injury and The current PEL for construction and exposures to pathogens that can cause illness prevention program rule would shipyards (derived from ACGIH’s 1970 significant disease. Workplaces where build on these guidelines as well as Threshold Limit Value) is based on such control measures might be lessons learned from successful particle counting technology, which is necessary include: Health care, approaches and best practices under considered obsolete. NIOSH and ACGIH emergency response, correctional OSHA’s Voluntary Protection Program, recommend 50 mg/m3 and 25 mg/m3 facilities, homeless shelters, drug Safety and Health Achievement exposure limits, respectively, for treatment programs, and other Recognition Program, and similar respirable crystalline silica. occupational settings where employees industry and international initiatives Both industry and worker groups have can be at increased risk of exposure to such as American National Standards recognized that a comprehensive potentially infectious people. A Institute/American Industrial Hygiene standard for crystalline silica is needed standard could also apply to Association Z10, and Occupational to provide for exposure monitoring,
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medical surveillance, and worker Action Date FR Cite Action Date FR Cite training. ASTM International has published recommended standards for Completed 12/19/03 Informal Public 03/18/14 addressing the hazards of crystalline SBREFA Re- Hearing. port. Post Hearing 08/18/14 silica. The Building Construction Trades Initiated Peer Re- 05/22/09 Briefs Ends. Department of the AFL–CIO has also view of Health Final Rule ...... 03/25/16 81 FR 16285 developed a recommended Effects and Final Rule Effec- 06/23/16 comprehensive program standard. These Risk Assess- tive. standards include provisions for ment. methods of compliance, exposure Completed Peer 01/24/10 Review. Regulatory Flexibility Analysis monitoring, training, and medical NPRM ...... 09/12/13 78 FR 56274 Required: Yes. surveillance. NPRM Comment 10/31/13 78 FR 65242 Agency Contact: William Perry, The NPRM was published on Period Ex- Director, Directorate of Standards and September 12, 2013 (78 FR 56274). tended; Notice Guidance, Department of Labor, OSHA received over 1,700 comments of Intention to Occupational Safety and Health Appear at Pub from the public on the proposed rule, Hearing; Sched- Administration, 200 Constitution and over 200 stakeholders provided uling Pub Hear- Avenue NW., FP Building, Room N– testimony during public hearings on the ing. 3718, Washington, DC 20210, Phone: proposal. The agency is now reviewing NPRM Comment 01/29/14 79 FR 4641 202 693–1950, Fax: 202 693–1678, and considering the evidence in the Period Ex- Email: [email protected]. rulemaking record. tended. RIN: 1218–AB70 NPRM Comment 02/11/14 Timetable: Period Ex- [FR Doc. 2016–12911 Filed 6–8–16; 8:45 am] tended End. BILLING CODE 4510–HL–P
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Part XIV
Department of Transportation
Office of the Secretary Semiannual Regulatory Agenda
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DEPARTMENT OF TRANSPORTATION Appendix D—Review Plans for Section 610 Printing of these entries is limited to and Other Requirements fields that contain information required Office of the Secretary SUPPLEMENTARY INFORMATION: by the Regulatory Flexibility Act’s Agenda requirements. These elements 14 CFR Chs. I–III Background are: Sequence Number; Title; Section Improvement of our regulations is a 610 Review, if applicable; Legal 23 CFR Chs. I–III prime goal of the Department of Authority; Abstract; Timetable; Transportation (Department or DOT). Regulatory Flexibility Analysis 33 CFR Chs. I and IV Our regulations should be clear, simple, Required; Agency Contact; and timely, fair, reasonable, and necessary. Regulation Identifier Number (RIN). 46 CFR Chs. I–III They should not be issued without Additional information (for detailed list, appropriate involvement of the public; see section heading ‘‘Explanation of 48 CFR Ch. 12 once issued, they should be periodically Information on the Agenda’’) on these reviewed and revised, as needed, to entries is available in the Unified 49 CFR Subtitle A, Chs. I–VI, and Chs. ensure that they continue to meet the Agenda published on the Internet. X–XII needs for which they originally were Significant Rulemakings [DOT–OST–1999–5129] designed. To view additional information about the Department’s The Agenda covers all rules and regulations of the Department. We have Department Regulatory Agenda; regulatory activities online, go to http:// classified rules as significant in the Semiannual Summary www.dot.gov/regulations. Among other things, this Web site provides a report Agenda if they are, essentially, very AGENCY: Office of the Secretary, DOT. updated monthly on the status of the beneficial, controversial, or of ACTION: Semiannual regulatory agenda. DOT significant rulemakings listed in substantial public interest under our the semiannual regulatory agenda. Regulatory Policies and Procedures. All SUMMARY: The Regulatory Agenda is a To help the Department achieve its DOT significant rulemaking documents semiannual summary of all current and goals and in accordance with Executive are subject to review by the Secretary of projected rulemakings, reviews of Transportation. If the Office of Order (E.O.) 12866, ‘‘Regulatory existing regulations, and completed Management and Budget (OMB) decided Planning and Review,’’ (58 FR 51735; actions of the Department. The intent of a rule is subject to its review under Oct. 4, 1993) and the Department’s the Agenda is to provide the public with Executive Order 12866, we have also Regulatory Policies and Procedures (44 information about the Department of classified it as significant in the Agenda. FR 11034; Feb. 26, 1979), the Transportation’s regulatory activity Department prepares a semiannual Explanation of Information on the planned for the next 12 months. It is regulatory agenda. It summarizes all Agenda expected that this information will current and projected rulemakings, enable the public to more effectively An Office of Management and Budget reviews of existing regulations, and participate in the Department’s memorandum, dated February 19, 2016, completed actions of the Department. regulatory process. The public is also requires the format for this Agenda. These are matters on which action has invited to submit comments on any First, the Agenda is divided by begun or is projected during the next 12 aspect of this Agenda. initiating offices. Then the Agenda is months or for which action has been FOR FURTHER INFORMATION CONTACT: divided into five categories: (1) Prerule completed since the last Agenda. stage, (2) proposed rule stage, (3) final General The Agendas are based on reports rule stage, (4) long-term actions, and (5) You should direct all comments and submitted by the offices initiating the completed actions. For each entry, the inquiries on the Agenda in general to rulemaking and are reviewed by OST. Agenda provides the following Jonathan Moss, Assistant General The Internet is the basic means for information: (1) Its ‘‘significance’’; (2) a Counsel for Regulation, Department of disseminating the Unified Agenda. The short, descriptive title; (3) its legal basis; Transportation, 1200 New Jersey complete Unified Agenda is available (4) the related regulatory citation in the Avenue SE., Washington, DC 20590; online at www.reginfo.gov in a format Code of Federal Regulations; (5) any (202) 366–4723. that offers users a greatly enhanced legal deadline and, if so, for what action ability to obtain information from the (e.g., NPRM, final rule); (6) an abstract; Specific Agenda database. (7) a timetable, including the earliest You should direct all comments and Because publication in the Federal expected date for when a rulemaking inquiries on particular items in the Register is mandated for the regulatory document may publish; (8) whether the Agenda to the individual listed for the flexibility agendas required by the rulemaking will affect small entities regulation or the general rulemaking Regulatory Flexibility Act (5 U.S.C. and/or levels of Government and, if so, contact person for the operating 602), DOT’s printed Agenda entries which categories; (9) whether a administration in appendix B. include only: Regulatory Flexibility Act (RFA) 1. The agency’s Agenda preamble; analysis is required (for rules that would Table of Contents 2. Rules that are in the agency’s have a significant economic impact on Supplementary Information regulatory flexibility agenda, in a substantial number of small entities); Background accordance with the Regulatory (10) a listing of any analyses an office Significant/Priority Rulemakings Flexibility Act, because they are likely will prepare or has prepared for the Explanation of Information on the Agenda to have a significant economic impact action (with minor exceptions, DOT Request for Comments on a substantial number of small requires an economic analysis for all its Purpose entities; and Appendix A—Instructions for Obtaining rulemakings); (11) an agency contact Copies of Regulatory Documents 3. Any rules that the agency has office or official who can provide Appendix B—General Rulemaking Contact identified for periodic review under further information; (12) a Regulation Persons section 610 of the Regulatory Flexibility Identifier Number (RIN) assigned to Appendix C—Public Rulemaking Dockets Act. identify an individual rulemaking in the
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Agenda and facilitate tracing further information, as well as making the Purpose action on the issue; (13) whether the Agenda easier to use. We would like The Department is publishing this action is subject to the Unfunded you, the public, to make suggestions or regulatory Agenda in the Federal Mandates Reform Act; (14) whether the comments on how the Agenda could be Register to share with interested action is subject to the Energy Act; and further improved. members of the public the Department’s (15) whether the action is major under Reviews preliminary expectations regarding its the congressional review provisions of future regulatory actions. This should the Small Business Regulatory We also seek your suggestions on which of our existing regulations you enable the public to be more aware of Enforcement Fairness Act. If there is the Department’s regulatory activity and information that does not fit in the other believe need to be reviewed to determine whether they should be should result in more effective public categories, it will be included under a participation. This publication in the separate heading entitled ‘‘Additional revised or revoked. We particularly draw your attention to the Department’s Federal Register does not impose any Information.’’ One such example of this binding obligation on the Department or is the letters ‘‘SB,’’ ‘‘IC,’’ and ‘‘SLT.’’ review plan in appendix D. In response to Executive Order 13563 any of the offices within the Department These refer to information used as part with regard to any specific item on the of our required reports on Retrospective ‘‘Retrospective Review and Analysis of Existing Rules,’’ in 2011 we prepared a Agenda. Regulatory action, in addition Review of DOT rulemakings. A ‘‘Y’’ or to the items listed, is not precluded. an ‘‘N,’’ for yes and no, respectively, retrospective review plan providing follow the letters to indicate whether or more detail on the process we use to Dated: March 23, 2016. not a particular rulemaking would have conduct reviews of existing rules, Anthony R. Foxx, effects on: Small businesses (SB); including changes in response to Secretary of Transportation. Executive Order 13563. Any updates information collections (IC); or State, Appendix A—Instructions for local, or tribal (SLT) governments. related to our retrospective plan and review results can be found at http:// Obtaining Copies of Regulatory For nonsignificant regulations issued Documents routinely and frequently as a part of an www.dot.gov/regulations. To obtain a copy of a specific established body of technical Regulatory Flexibility Act requirements (such as the Federal regulatory document in the Agenda, you The Department is especially Aviation Administration’s Airspace should communicate directly with the interested in obtaining information on Rules), to keep those requirements contact person listed with the regulation requirements that have a ‘‘significant operationally current, we only include at the address below. We note that most, economic impact on a substantial the general category of the regulations, if not all, such documents, including the number of small entities’’ and, therefore, the identity of a contact office or Semiannual Regulatory Agenda, are must be reviewed under the Regulatory official, and an indication of the available through the Internet at http:// Flexibility Act. If you have any expected number of regulations; we do www.regulations.gov. See appendix C suggested regulations, please submit not list individual regulations. for more information. In the ‘‘Timetable’’ column, we use them to us, along with your explanation (Name of contact person), (Name of abbreviations to indicate the particular of why they should be reviewed. the DOT agency), 1200 New Jersey In accordance with the Regulatory documents being considered. ANPRM Avenue SE., Washington, DC 20590. Flexibility Act, comments are stands for Advance Notice of Proposed (For the Federal Aviation specifically invited on regulations that Rulemaking, SNPRM for Supplemental Administration, substitute the following we have targeted for review under Notice of Proposed Rulemaking, and address: Office of Rulemaking, ARM–1, section 610 of the Act. The phrase (sec. NPRM for Notice of Proposed 800 Independence Avenue SW., 610 Review) appears at the end of the Rulemaking. Listing a future date in this Washington, DC 20591.) title for these reviews. Please see column does not mean we have made a appendix D for the Department’s section Appendix B—General Rulemaking decision to issue a document; it is the 610 review plans. Contact Persons earliest date on which a rulemaking document may publish. In addition, Consultation With State, Local, and The following is a list of persons who these dates are based on current Tribal Governments can be contacted within the Department schedules. Information received after for general information concerning the Executive Orders 13132 and 13175 rulemaking process within the various the issuance of this Agenda could result require us to develop an accountable in a decision not to take regulatory operating administrations. process to ensure ‘‘meaningful and FAA—Lirio Liu, Director, Office of action or in changes to proposed timely input’’ by State, local, and tribal Rulemaking, 800 Independence Avenue publication dates. For example, the officials in the development of SW., Washington, DC 20591; telephone need for further evaluation could result regulatory policies that have federalism (202) 267–7833. in a later publication date; evidence of or tribal implications. These policies are FHWA—Jennifer Outhouse, Office of a greater need for the regulation could defined in the Executive orders to Chief Counsel, 1200 New Jersey Avenue result in an earlier publication date. include regulations that have SE., Washington, DC 20590; telephone Finally, a dot (•) preceding an entry ‘‘substantial direct effects’’ on States or (202) 366–0761. indicates that the entry appears in the Indian tribes, on the relationship FMCSA—Steven J. LaFreniere, Agenda for the first time. between the Federal Government and Regulatory Ombudsman, 1200 New Request for Comments them, or on the distribution of power Jersey Avenue SE., Washington, DC and responsibilities between the Federal 20590; telephone (202) 366–0596. General Government and various levels of NHTSA—Steve Wood, Office of Chief Our agenda is intended primarily for Government or Indian tribes. Therefore, Counsel, 1200 New Jersey Avenue SE., the use of the public. Since its we encourage State and local Washington, DC 20590; telephone (202) inception, we have made modifications Governments or Indian tribes to provide 366–2992. and refinements that we believe provide us with information about how the FRA—Kathryn Gresham, Office of the public with more helpful Department’s rulemakings impact them. Chief Counsel, 1200 New Jersey Avenue
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SE., Washington, DC 20590; telephone initiate rulemaking actions based on of the reviews. For example, is there a (202) 493–6063. these reviews. reason for scheduling an analysis and FTA—Bonnie Graves, Office of Chief In accordance with Executive Order review for a particular rule earlier than Counsel, 1200 New Jersey Avenue SE., 13563, ‘‘Improving Regulation and we have? Any comments concerning the Washington, DC 20590; telephone (202) Regulatory Review,’’ issued by the plan or particular analyses should be 366–0944. President on January 18, 2011, the submitted to the regulatory contacts SLSDC—Carrie Mann Lavigne, Chief Department has added other elements to listed in appendix B, General Counsel, 180 Andrews Street, Massena, its review plan. The Department has Rulemaking Contact Persons. NY 13662; telephone (315) 764–3200. decided to improve its plan by adding PHMSA—Karin Christian, Office of special oversight processes within the Section 610 Review Chief Counsel, 1200 New Jersey Avenue Department, encouraging effective and The agency will analyze each of the SE., Washington, DC 20590; telephone timely reviews, including providing rules in a given year’s group to (202) 366–4400. additional guidance on particular MARAD—Gabriel Chavez, Office of problems that warrant review, and determine whether any rule has a Chief Counsel, Maritime expanding opportunities for public SEIOSNOSE and, thus, requires review Administration, 1200 New Jersey participation. These new actions are in in accordance with section 610 of the Avenue SE., Washington, DC 20590; addition to the other steps described in Regulatory Flexibility Act. The level of telephone (202) 366–5157. this appendix. analysis will, of course, depend on the OST—Jonathan Moss, Assistant nature of the rule and its applicability. General Counsel for Regulation, 1200 Section 610 Review Plan Publication of agencies’ section 610 New Jersey Avenue SE., Washington, Section 610 requires that we conduct analyses listed each fall in this Agenda DC 20590; telephone (202) 366–4723. reviews of rules that: (1) Have been provides the public with notice and an Appendix C—Public Rulemaking published within the last 10 years, and opportunity to comment consistent with Dockets (2) have a ‘‘significant economic impact the requirements of the Regulatory on a substantial number of small Flexibility Act. We request that public All comments via the Internet are entities’’ (SEIOSNOSE). It also requires comments be submitted to us early in submitted through the Federal Docket that we publish in the Federal Register the analysis year concerning the small Management System (FDMS) at the each year a list of any such rules that entity impact of the rules to help us in following address: http:// we will review during the next year. making our determinations. www.regulations.gov. The FDMS allows The Office of the Secretary and each of In each fall Agenda, the agency will the public to search, view, download, the Department’s Operating and comment on all Federal agency publish the results of the analyses it has Administrations have a 10-year review completed during the previous year. For rulemaking documents in one central plan. These reviews comply with online system. The above referenced rules that had a negative finding on section 610 of the Regulatory Flexibility SEIOSNOSE, we will give a short Internet address also allows the public Act. to sign up to receive notification when explanation (e.g., ‘‘these rules only certain documents are placed in the Changes to the Review Plan establish petition processes that have no dockets. Some reviews may be conducted cost impact’’ or ‘‘these rules do not The public also may review regulatory earlier than scheduled. For example, to apply to any small entities’’). For parts, dockets at or deliver comments on the extent resources permit, the plain subparts, or other discrete sections of proposed rulemakings to the Dockets language reviews will be conducted rules that do have a SEIOSNOSE, we Office at 1200 New Jersey Avenue SE., more quickly. Other events, such as will announce that we will be Room W12–140, Washington, DC 20590, accidents, may result in the need to conducting a formal section 610 review 1–800–647–5527. Working Hours: 9:00 conduct earlier reviews of some rules. during the following 12 months. At this a.m. to 5:00 p.m. Other factors may also result in the need stage, we will add an entry to the Agenda in the prerulemaking section Appendix D—Review Plans for Section to make changes; for example, we may 610 and Other Requirements make changes in response to public describing the review in more detail. We comment on this plan or in response to also will seek public comment on how Part I—The Plan a presidentially mandated review. If best to lessen the impact of these rules General there is any change to the review plan, and provide a name or docket to which public comments can be submitted. In The Department of Transportation has we will note the change in the following Agenda. For any section 610 review, we some cases, the section 610 review may long recognized the importance of be part of another unrelated review of regularly reviewing its existing will provide the required notice prior to the rule. In such a case, we plan to regulations to determine whether they the review. clearly indicate which parts of the need to be revised or revoked. Our Part II—The Review Process review are being conducted under Regulatory Policies and Procedures section 610. require such reviews. We also have The Analysis responsibilities under Executive Order Generally, the agencies have divided Other Reviews 12866, ‘‘Regulatory Planning and their rules into 10 different groups and Review,’’ and section 610 of the plan to analyze one group each year. For The agency will also examine the Regulatory Flexibility Act to conduct purposes of these reviews, a year will specified rules to determine whether such reviews. This includes the use of coincide with the fall-to-fall schedule any other reasons exist for revising or plain language techniques in new rules for publication of the Agenda. Thus, revoking the rule or for rewriting the and considering its use in existing rules Year 1 (2008) begins in the fall of 2008 rule in plain language. In each fall when we have the opportunity and and ends in the fall of 2009; Year 2 Agenda, the agency will also publish resources to permit its use. We are (2009) begins in the fall of 2009 and information on the results of the committed to continuing our reviews of ends in the fall of 2010, and so on. We examinations completed during the existing rules and, if it is needed, will request public comment on the timing previous year.
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Part III—List of Pending Section 610 information on the pending reviews, see on the search screen (by selecting Reviews the Agenda entries at www.reginfo.gov. ‘‘advanced search’’) and, in effect, The Agenda identifies the pending For example, to obtain a list of all generate the desired ‘‘index’’ of reviews. entries that are in section 610 Reviews DOT section 610 Reviews by inserting Office of the Secretary ‘‘(Section 610 Review)’’ after the title for under the Regulatory Flexibility Act, a the specific entry. For further user would select the desired responses Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 ...... 2008 2009 2 ...... 48 CFR parts 1201 through 1253 and new parts and subparts ...... 2009 2010 3 ...... 14 CFR parts 213 through 232 ...... 2010 2011 4 ...... 14 CFR parts 234 through 254 ...... 2011 2012 5 ...... 14 CFR parts 255 through 298 and 49 CFR part 40 ...... 2012 2013 6 ...... 14 CFR parts 300 through 373 ...... 2013 2014 7 ...... 14 CFR parts 374 through 398 ...... 2014 2015 8 ...... 14 CFR part 399 and 49 CFR parts 1 through 11 ...... 2015 2016 9 ...... 49 CFR parts 17 through 28 ...... 2016 2017 10 ...... 49 CFR parts 29 through 39 and parts 41 through 89 ...... 2017 2018
Year 8 (2015) List of Rules That Will Be 14 CFR part 385—Staff Assignments and 14 CFR part 294—Canadian Charter Air Analyzed During the Next Year Review of Action under Taxi Operators 14 CFR part 399—Fees and Charges for Assignments 14 CFR part 296—Indirect Air Special Services 14 CFR part 389—Fees and Charges for Transportation of Property 49 CFR part 1—Organization and Special Services 14 CFR part 297—Foreign Air Freight Delegation of Power and Duties 14 CFR part 398—Guidelines for Forwarders and Foreign 49 CFR part 3—Official Seal Individual Determinations of Basic Cooperative Shippers Associations 49 CFR part 5—Rulemaking Procedures Essential Air Service 14 CFR part 298—Exemptions for Air 49 CFR part 6—Implementation of Equal Year 6 (2013) List of Rules With Taxi and Commuter Air Carrier Access to Justice Act in Agency Ongoing Analysis Operations Proceedings 14 CFR part 300—Rules of Conduct in Year 4 (Fall 2011) List of Rules With 49 CFR part 7—Public Availability of DOT Proceedings Under This Ongoing Analysis Information Chapter 14 CFR part 240—Inspection of 49 CFR part 8—Classified Information: 14 CFR part 302—Rules of Practice in Accounts and Property Classification/Declassification/ Proceedings Access 14 CFR part 303—Review of Air Carrier 14 CFR part 241—Uniform System of 49 CFR part 9—Testimony of Employees Agreements Accounts and Reports for Large of the Department and Production 14 CFR part 305—Rules of Practice in Certificated Air Carriers of Records in Legal Proceedings Informal Nonpublic Investigations 14 CFR part 243—Passenger Manifest 49 CFR part 10—Maintenance of and 14 CFR part 313—Implementation of the Information Access to Records Pertaining to Energy Policy and Conservation Act 14 CFR part 247—Direct Airport-to- Individuals 14 CFR part 323—Terminations, Airport Mileage Records 49 CFR part 11—Protection of Human Suspensions, and Reductions of 14 CFR part 248—Submission of Audit Subjects Service Reports Year 7 (2014) List of Rules With 14 CFR part 325—Essential Air Service 14 CFR part 249—Preservation of Air Ongoing Analysis Procedures Carrier Records 14 CFR part 330—Procedures for 14 CFR part 374—Implementation of the Compensation of Air Carriers Year 3 (Fall 2010) List of Rules With Consumer Credit Protection Act 14 CFR part 372—Overseas Military Ongoing Analysis with Respect to Air Carriers and Personnel Charters Foreign Air Carriers 14 CFR part 213—Terms, Conditions, 14 CFR part 374a—Extension of Credit Year 5 (Fall 2012) List of Rules With and Limitations of Foreign Air by Airlines to Federal Political Ongoing Analysis Carrier Permits 14 CFR part 214—Terms, Conditions, Candidates 14 CFR part 255—Airline Computer and Limitations of Foreign Air 14 CFR part 375—Navigation of Foreign Reservations Systems Carrier Permits Authorizing Charter Civil Aircraft within the United 14 CFR part 256—[Reserved] States 14 CFR part 271—Guidelines for Transportation Only 14 CFR part 377—Continuance of Subsidizing Air Carriers Providing 14 CFR part 215—Use and Change of Expired Authorizations by Essential Air Transportation Names of Air Carriers, Foreign Air Operation of Law Pending Final 14 CFR part 272—Essential Air Service Carriers, and Commuter Air Carriers Determination of Applications for to the Freely Associated States 14 CFR part 216—Commingling of Blind Renewal Thereof 14 CFR part 291—Cargo Operations in Sector Traffic by Foreign Air 14 CFR part 380—Public Charters Interstate Air Transportation Carriers 14 CFR part 381—Special Event Tours 14 CFR part 292—International Cargo 14 CFR part 217—Reporting Traffic 14 CFR part 382—Nondiscrimination on Transportation Statistics by Foreign Air Carriers in The Basis of Disability in Air Travel 14 CFR part 293—International Civilian Scheduled, Charter, and 14 CFR part 383—Civil Penalties Passenger Transportation Nonscheduled Services
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14 CFR part 218—Lease by Foreign Air 49 CFR part 99—Employee Federal Aviation Administration Carrier or Other Foreign Person of Responsibilities and Conduct Aircraft With Crew 14 CFR part 200—Definitions and Section 610 Review Plan 14 CFR part 221—Tariffs Instructions The FAA has elected to use the two- 14 CFR part 201—Air Carrier Authority 14 CFR part 222—Intermodal Cargo step, two-year process used by most Services by Foreign Air Carriers Under Subtitle VII of Title 49 of the United States Code [Amended] DOT modes in past plans. As such, the 14 CFR part 223—Free and Reduced- FAA has divided its rules into 10 groups Rate Transportation 14 CFR part 203—Waiver of Warsaw Convention Liability Limits and as displayed in the table below. During 14 CFR part 232—Transportation of the first year (the ‘‘analysis year’’), all Mail, Review of Orders of Defenses 14 CFR part 204—Data to Support rules published during the previous 10 Postmaster General Fitness Determinations years within a 10% block of the 14 CFR part 234—Airline Service 14 CFR part 205—Aircraft Accident regulations will be analyzed to identify Quality Performance Reports Liability Insurance those with a SEIOSNOSE. During the Year 1 (Fall 2008) List of Rules With 14 CFR part 206—Certificates of Public second year (the ‘‘review year’’), each Ongoing Analysis Convenience and Necessity: Special rule identified in the analysis year as Authorizations and Exemptions having a SEIONOSE will be reviewed in 49 CFR part 91—International Air 14 CFR part 207—Charter Trips by U.S. accordance with Section 610(b) to Transportation Fair Competitive Scheduled Air Carriers Practices 14 CFR part 208—Charter Trips by U.S. determine if it should be continued 49 CFR part 92—Recovering Debts to the Charter Air Carriers without change or changed to minimize United States by Salary Offset 14 CFR part 211—Applications for impact on small entities. Results of 49 CFR part 98—Enforcement of Permits to Foreign Air Carriers those reviews will be published in the Restrictions on Post-Employment 14 CFR part 212—Charter Rules for U.S. DOT Semiannual Regulatory Agenda. Activities and Foreign Direct Air Carriers
Analysis Review Year Regulations to be reviewed year year
1 ...... 14 CFR parts 119 through 129 and parts 150 through 156 ...... 2008 2009 2 ...... 14 CFR parts 133 through 139 and parts 157 through 169 ...... 2009 2010 3 ...... 14 CFR parts 141 through 147 and parts 170 through 187 ...... 2010 2011 4 ...... 14 CFR parts 189 through 198 and parts 1 through 16 ...... 2011 2012 5 ...... 14 CFR parts 17 through 33 ...... 2012 2013 6 ...... 14 CFR parts 34 through 39 and parts 400 through 405 ...... 2013 2014 7 ...... 14 CFR parts 43 through 49 and parts 406 through 415 ...... 2014 2015 8 ...... 14 CFR parts 60 through 77 ...... 2015 2016 9 ...... 14 CFR parts 91 through 105 ...... 2016 2017 10 ...... 14 CFR parts 417 through 460 ...... 2017 2018
Year 9 (2016) List of Rules To Be indicates no need for substantial • General: No changes are needed. Analyzed During the Next Year revision. These regulations are cost effective 14 CFR part 61—Certification: Pilots, 14 CFR part 91—General Operating and and impose the least burden. FAA’s Flight Instructors, and Ground Flight Rules plain language review of these rules Instructors indicates no need for substantial 14 CFR part 93—Special Air Traffic • Section 610: The agency conducted Rules revision. a Section 610 review of this part 14 CFR part 67—Medical Standards and 14 CFR part 95—IFR Altitudes and found no SEISNOSE. 14 CFR part 97—Standard Instrument • Certification General: No changes are needed. • Section 610: The agency conducted Procedures These regulations are cost effective 14 CFR part 99—Security Control of Air a Section 610 review of this part and impose the least burden. FAA’s and found no SEISNOSE. Traffic plain language review of these rules • General: No changes are needed. 14 CFR part 101—Moored Balloons, indicates no need for substantial These regulations are cost effective Kites, Amateur Rockets and revision. and impose the least burden. FAA’s Unmanned Free Balloons 14 CFR part 63—Certification: Flight plain language review of these rules 14 CFR part 103—Ultralight Vehicles Crewmembers Other than Pilots 14 CFR part 105—Parachute Operations • Section 610: The agency conducted indicates no need for substantial a Section 610 review of this part revision. Year 8 (2015) List of Rules Analyzed 14 CFR part 71—Designation of Class A, and Summary of Results and found no SEISNOSE. • General: No changes are needed. B, C, D, and E Airspace Areas; Air 14 CFR part 60—Flight Simulation These regulations are cost effective Traffic Service Routes; and Training Device Initial and and impose the least burden. FAA’s Reporting Points Continuing Qualification and Use plain language review of these rules • Section 610: The agency conducted • Section 610: The agency conducted indicates no need for substantial a Section 610 review of this part a Section 610 review of this part revision. and found no SEISNOSE. and found no SEISNOSE. 14 CFR part 65—Certification: Airmen • General: No changes are needed. • General: No changes are needed. Other than Flight Crewmembers These regulations are cost effective These regulations are cost effective • Section 610: The agency conducted and impose the least burden. FAA’s and impose the least burden. FAA’s a Section 610 review of this part plain language review of these rules plain language review of these rules and found no SEISNOSE. indicates no need for substantial
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revision. indicates no need for substantial These regulations are cost effective 14 CFR part 73—Special Use Airspace revision. and impose the least burden. FAA’s • Section 610: The agency conducted 14 CFR part 77—Safe, Efficient Use, and plain language review of these rules a Section 610 review of this part Preservation of the Navigable indicates no need for substantial and found no SEISNOSE. Airspace revision. • General: No changes are needed. • Section 610: The agency conducted These regulations are cost effective a Section 610 review of this part Federal Highway Administration and impose the least burden. FAA’s and found no SEISNOSE. plain language review of these rules • General: No changes are needed. Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... None ...... 2008 2009 2 ...... 23 CFR parts 1 to 260 ...... 2009 2010 3 ...... 23 CFR parts 420 to 470 ...... 2010 2011 4 ...... 23 CFR part 500 ...... 2011 2012 5 ...... 23 CFR parts 620 to 637 ...... 2012 2013 6 ...... 23 CFR parts 645 to 669 ...... 2013 2014 7 ...... 23 CFR parts 710 to 924 ...... 2014 2015 8 ...... 23 CFR parts 940 to 973 ...... 2015 2016 9 ...... 23 CFR parts 1200 to 1252 ...... 2016 2017 10 ...... New parts and subparts ...... 2017 2018
Federal-Aid Highway Program Federal-State partnership, and • Section 610: No SEIOSNOSE. No carrying out a comprehensive small entities are affected The Federal Highway Administration • (FHWA) has adopted regulations in title update of part 710. General: No changes are needed. 23 of the CFR, chapter I, related to the 23 CFR part 750—Highway These regulations are cost effective Federal-Aid Highway Program. These beautification and impose the least burden. • Section 610: No SEIOSNOSE. No regulations implement and carry out the FHWA’s plain language review of small entities are affected these rules indicates no need for provisions of Federal law relating to the • General: No changes are needed. administration of Federal aid for substantial revision. These regulations are cost effective 23 CFR part 773—Surface highways. The primary law authorizing and impose the least burden. Federal aid for highway is chapter I of Transportation Project Delivery FHWA’s plain language review of Program application requirements title 23 of the U.S.C. 145 of title 23, these rules indicates no need for expressly provides for a federally and termination substantial revision. • Section 610: No SEIOSNOSE. No assisted State program. For this reason, 23 FR part 751—Junkyard control and the regulations adopted by the FHWA in small entities are affected acquisition • General: No changes are needed. title 23 of the CFR primarily relate to the • Section 610: No SEIOSNOSE. No requirements that States must meet to These regulations are cost effective small entities are affected and impose the least burden. receive Federal funds for the • General: No changes are needed. FHWA’s plain language review of construction and other work related to These regulations are cost effective these rules indicates no need for highways. Because the regulations in and impose the least burden. substantial revision. title 23 primarily relate to States, which FHWA’s plain language review of 23 CFR part 774—Parks, recreation are not defined as small entities under these rules indicates no need for areas, wildlife and waterfowl the Regulatory Flexibility Act, the substantial revision. FHWA believes that its regulations in 23 CFR part 752—Landscape and refuges, and historic sites (Section title 23 do not have a significant 4(f)) roadside development • economic impact on a substantial • Section 610: No SEIOSNOSE. No Section 610: No SEIOSNOSE. No number of small entities. The FHWA small entities are affected small entities are affected • solicits public comment on this • General: No changes are needed. General: No changes are needed. preliminary conclusion. These regulations are cost effective These regulations are cost effective and impose the least burden. and impose the least burden. Year 7 (Fall 2014) List of Rules FHWA’s plain language review of FHWA’s plain language review of Analyzed and a Summary of Results these rules indicates no need for these rules indicates no need for 23 CFR part 710—Right-of-way and real substantial revision. substantial revision. estate 23 CFR part 771—Environmental impact 23 CFR part 777—Mitigation of impacts • Section 610: No SEIOSNOSE. No and related procedures to wetlands and natural habitat small entities are affected • Section 610: No SEIOSNOSE. No • Section 610: No SEIOSNOSE. No • General: An updated rule was small entities are affected small entities are affected promulgated implementing section • General: An updated rule was • General: No changes are needed. 1302 of MAP–21 by adding the new promulgated to conform with MAP– These regulations are cost effective authorities for early acquisition of 21, and proposes additional and impose the least burden. property to part 710, clarifying the substantive and nonsubstantive FHWA’s plain language review of Federal-aid eligibility of a broad changes to streamline or clarify this these rules indicates no need for range of real property interests that part. substantial revision. constitute less than full fee 23 CFR part 772—Procedures for 23 CFR part 810—Mass transit and ownership, streamlining program abatement of highway traffic noise special use highway projects requirements, clarifying the and construction noise • Section 610: No SEIOSNOSE. No
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small entities are affected by section 1112 of MAP–21 and to 23 CFR part 971—Forest Service • General: No changes are needed. incorporate necessary changes to management systems These regulations are cost effective align with the safety performance 23 CFR part 972—Fish and Wildlife and impose the least burden. management rulemaking. Service management systems FHWA’s plain language review of these rules indicates no need for Year 8 (Fall 2015) List of Rules That 23 CFR part 973—Management systems substantial revision. Will Be Analyzed During the Next Year pertaining to the Bureau of Indian 23 CFR part 924—Highway safety 23 CFR part 940—Intelligent Affairs and the Indian Reservation improvement program transportation system architecture Roads Program • Section 610: No SEIOSNOSE. No and standards small entities are affected 23 CFR part 950—Electronic toll Federal Motor Carrier Safety • General: An updated rule was collection Administration promulgated to incorporate 23 CFR part 970—National Park Service Section 610 and Other Reviews amendments made to the program Management Systems
Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR part 372, subpart A ...... 2008 2009 2 ...... 49 CFR part 386 ...... 2009 2010 3 ...... 49 CFR parts 325 and 390 (General) ...... 2010 2011 4 ...... 49 CFR parts 390 (Small Passenger-Carrying Vehicles), 391 to 393 and 396 to 399 ...... 2011 2012 5 ...... 49 CFR part 387 ...... 2012 2013 6 ...... 49 CFR parts 360, 365, 366, 368, 374, 377, and 378 ...... 2013 2014 7 ...... 49 CFR parts 356, 367, 369, 370, 371, 372 (subparts B and C) ...... 2014 2015 8 ...... 49 CFR parts 373, 376, and 379 ...... 2015 2016 9 ...... 49 CFR part 375 ...... 2016 2017 10 ...... 49 CFR part 395 ...... 2017 2018
Year 6 (Fall 2013) List of Rules filing process requires minimal time 49 CFR part 368—Application for a Analyzed and a Summary of Results to complete, we find that the rule Certificate of Registration to 49 CFR part 360—Fees for Motor Carrier does not impose any significant Operate in Municipalities in the Registration and Insurance costs upon a significant number of United States on the United States- • Section 610: There is no SEISNOSE. small entities. Mexico International Border or This administrative rule allows • General: FMCSA will integrate Within the Commercial Zones of FMCSA to collect one-time nominal plain language techniques as it Such Municipalities • registration and insurance fees for rewrites these rulemakings and will Section 610: There is no SEISNOSE. commercial motor carriers. The fees integrate this part into 49 CFR part The issuance of ‘‘Certificates of do not place any significant cost 360 consistent with the Federal Registration’’ to Mexican motor burden on small entities. ‘‘Unified Registration System.’’ This carriers of property desiring to • General: FMCSA will integrate part is still relevant as it provides operate in the United States plain language techniques to the carriers with the authority to commercial border zones applies extent possible as it rewrites operate. only to Mexican carriers and various rulemakings to address 49 CFR part 366—Designation of therefore has no cost impact to U.S. Safe, Accountable, Flexible, Process Agent small entities. Efficient Transportation Equity Act: • General: This rule remains • Section 610: There is no SEISNOSE. A Legacy for Users (SAFETEA–LU) important since the North American These rules require motor carriers and MAP–21 provisions that Free Trade Agreement has not been to designate court-related process authorize the replacement of three fully implemented. The FMCSA agents for every State in which they current identification and will integrate plain language registration systems with a single operate to enable the claimant to techniques as it rewrites these online Federal ‘‘Unified adjudicate a claim in the rulemakings and will integrate this Registration System (URS).’’ The jurisdiction where the claim arises. part into 49 CFR part 360, authority to set and collect fees is Many small motor carriers contract consistent with SAFETEA–LU and found in 31 U.S.C. 9701 and 49 with organizations which provide a the proposed Federal ‘‘Unified U.S.C. 13908. nationwide blanket authority at a Registration System.’’ 49 CFR part 3659—Rules Governing reasonable cost. 49 CFR part 374—Discrimination in Applications for Operating • General: The process-agent Operations of Interstate Motor Authority designation is imposed by statute: Common Carriers of Passengers • Section 610: There is no SEISNOSE. 49 U.S.C. 13303 and 13304; • Section 610: There is no SEISNOSE. This administrative rule describes consequently FMCSA has no This regulation is administrative in the operating authority application discretion regarding costs nature and was transferred to the process and does not require associated with this rulemaking. Department of Transportation upon extensive time to complete. The FMCSA will integrate plain the enactment of the Interstate rule also allows commercial motor language techniques as it rewrites Commerce Commission vehicle (CMV) carriers to protest a these rulemakings and will Termination Act (ICCTA) of 1995. rejected application for operating integrate this part into 49 CFR part This rule prohibits certain forms of authority. Because no entity is 360 consistent with the Federal discrimination and smoking on obliged to file a protest; and the ‘‘Unified Registration System.’’ interstate motor carriers of
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passengers, ticketing requirements, upon small entities. Year 7 (Fall 2014) List of Rules With and excess baggage requirements • General: These rules support 49 Ongoing Analysis regarding commercial travel on U.S.C. 13702, and require certain 49 CFR part 356—Motor Carrier Routing Interstate motor carriers of carriers to publish tariffs in support Regulations passengers. These rules promote of non-contiguous domestic trade. 49 CFR part 367—Standards for standard business practices that a FMCSA will rewrite its regulations Registration with States prudent person should undertake in using plain language techniques as 49 CFR part 369—Reports of Motor the proper management of resources permit. transportation operations consistent Carriers 49 CFR part 378—Procedures Governing 49 CFR part 370—Principles and with existing laws to include the the Processing, Investigation, and Americans with Disabilities Act Practices for the Investigation and Disposition of Overcharge, Voluntary Disposition of Loss and (ADA) and the Civil Rights Duplicate Payment, or Over- Amendment. There are no Damage Claims and Processing collection Claims Salvage substantial additive costs borne by • small entities as a result of this rule. Section 610: There is no SEISNOSE. 49 CFR part 371—Brokers of Property • General: These regulations are cost These rules involve standard 49 CFR part 372 (subparts B and C)— effective and impose minimal business practices that a prudent Exemptions, Commercial Zones and burden. FMCSA will rewrite the carrier should undertake in the Terminal Areas. regulations using plain language proper management of claim disputes even in the absence of the Year 8 (2015) List of Rules That Will Be techniques as resources permit. Analyzed During the Next Year 49 CFR part 377—Payment of rules. The benefits of the rule justify Transportation Charges their costs, and impose only a 49 CFR part 373 part 373—Receipts and • Section 610: There is no SEISNOSE. minimal cost burden on small Bills The rules and regulations in this entities. 49 CFR part 376—Lease and Interchange part apply to the transportation by • General: These rules support 49 of Vehicles motor vehicle of collect on delivery U.S.C. 13301, 14101, 14704, 14705, 49 CFR part 379—Preservation of shipments by common carriers of and 13702(a), which regulate the Records property subject to 49 U.S.C. 13702, management of claim disputes. National Highway Traffic Safety and extending credit to shippers. FMCSA will rewrite the regulations Administration The rules do not constrain business using plain language techniques as decisions or impose costly fees resources permit. Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ...... 2008 2009 2 ...... 23 CFR parts 1200 through 1300 ...... 2009 2010 3 ...... 49 CFR parts 501 through 526 and 571.213 ...... 2010 2011 4 ...... 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 ...... 2011 2012 5 ...... 49 CFR parts 571.101 through 571.110, and 571.135, 571.138, and 571.139 ...... 2012 2013 6 ...... 49 CFR parts 529 through 578, except parts 571 and 575 ...... 2013 2014 7 ...... 49 CFR parts 571.111 through 571.129 and parts 580 through 588 ...... 2014 2015 8 ...... 49 CFR parts 571.201 through 571.212 ...... 2015 2016 9 ...... 49 CFR parts 571.214 through 571.219, except 571.217 ...... 2016 2017 10 ...... 49 CFR parts 591 through 595 and new parts and subparts ...... 2017 2018
Year 7 (Fall 2014) List of Rules 49 CFR part 571.114—Theft Protection SEIOSNOSE. Analyzed and a Summary of the and Rollaway Prevention • General: No changes are needed. Results • Section 610: There is no These regulations are cost effective SEIOSNOSE. and impose the least burden. 49 CFR part 571.111—Rear Visibility • • General: No changes are needed. NHTSA’s plain language review of Section 610: There is no These regulations are cost effective these rules indicates no need for SEIOSNOSE. • and impose the least burden. substantial revision. General: No changes are needed. NHTSA’s plain language review of 49 CFR part 571.118—Power-Operated These regulations are cost effective these rules indicates no need for Window, Partition, and Roof Panel and impose the least burden. substantial revision. Systems NHTSA’s plain language review of 49 CFR part 571.116—Motor Vehicle • Section 610: There is no these rules indicates no need for Brake Fluids SEIOSNOSE. substantial revision. • Section 610: There is no • General: No changes are needed. 49 CFR part 571.113—Hood Latch SEIOSNOSE. These regulations are cost effective System • General: No changes are needed. and impose the least burden. • Section 610: There is no These regulations are cost effective NHTSA’s plain language review of SEIOSNOSE. and impose the least burden. these rules indicates no need for • General: No changes are needed. NHTSA’s plain language review of substantial revision. These regulations are cost effective these rules indicates no need for 49 CFR part 571.119—New Pneumatic and impose the least burden. substantial revision. Tires For Motor Vehicles with a NHTSA’s plain language review of 49 CFR part 571.117—Retreaded GVWR of More Than 4,536 these rules indicates no need for Pneumatic Tires Kilograms (10,000 Pounds) and substantial revision. • Section 610: There is no Motorcycles
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• Section 610: There is no NHTSA’s plain language review of substantial revision. SEIOSNOSE. these rules indicates no need for 49 CFR part 585—Phase-In Reporting • General: No changes are needed. substantial revision. Requirements These regulations are cost effective 49 CFR part 571.125—Warning Devices • Section 610: There is no and impose the least burden. • Section 610: There is no SEIOSNOSE. NHTSA’s plain language review of SEIOSNOSE. • General: No changes are needed. these rules indicates no need for • General: No changes are needed. These regulations are cost effective substantial revision. These regulations are cost effective and impose the least burden. 49 CFR part 571.120—Tire Selection and impose the least burden. NHTSA’s plain language review of and Rims and Motor Home/ NHTSA’s plain language review of these rules indicates no need for Recreation Vehicle Trailer Load these rules indicates no need for substantial revision. Carrying Capacity Information For substantial revision. 49 CFR part 587—Deformable Barriers Motor Vehicles With a GVWR of 49 CFR part 571.126—Electronic • Section 610: There is no More Than 4,536 Kilograms (10,000 Stability Control Systems SEIOSNOSE. • Pounds) Section 610: There is no • General: No changes are needed. • Section 610: There is no SEIOSNOSE. • These regulations are cost effective SEIOSNOSE. General: No changes are needed. and impose the least burden. • General: No changes are needed. These regulations are cost effective NHTSA’s plain language review of These regulations are cost effective and impose the least burden. these rules indicates no need for and impose the least burden. NHTSA’s plain language review of substantial revision. NHTSA’s plain language review of these rules indicates no need for 49 CFR part 588—Child Restraint these rules indicates no need for substantial revision. Systems Recordkeeping substantial revision. 49 CFR part 571.129—New Non- Requirements 49 CFR part 571.121—Air Brake pneumatic Tires For Passenger Cars • • Section 610: There is no Systems Section 610: There is no SEIOSNOSE. • SEIOSNOSE. Section 610: There is no • General: No changes are needed. • General: No changes are needed. SEIOSNOSE. These regulations are cost effective • These regulations are cost effective General: No changes are needed. and impose the least burden. and impose the least burden. These regulations are cost effective NHTSA’s plain language review of NHTSA’s plain language review of and impose the least burden. these rules indicates no need for these rules indicates no need for NHTSA’s plain language review of substantial revision. these rules indicates no need for substantial revision. substantial revision. 49 CFR part 580—Odometer Disclosure Year 8 (Fall 2015) List of Rules That 49 CFR part 571.122—Motorcycle Brake Requirements Will Be Analyzed During the Next Year • Section 610: There is no Systems 49 CFR part 571.201—Occupant • SEIOSNOSE. Section 610: There is no Protection in Interior Impact • General: No changes are needed. SEIOSNOSE. 49 CFR part 571.202—Head Restraints; • General: No changes are needed. These regulations are cost effective Applicable at the Manufacturers These regulations are cost effective and impose the least burden. Option Until September 1, 2009 and impose the least burden. NHTSA’s plain language review of 49 CFR part 571.202a—Head Restraints; NHTSA’s plain language review of these rules indicates no need for Mandatory Applicability Begins On these rules indicates no need for substantial revision. September 1, 2009 substantial revision. 49 CFR part 581—Bumper Standard 49 CFR part 571.203—Impact Protection 49 CFR part 571.122a—Motorcycle • Section 610: There is no For the Driver From the Steering Brake Systems SEIOSNOSE. • Section 610: There is no • General: No changes are needed. Control System SEIOSNOSE. These regulations are cost effective 49 CFR part 571.204—Steering Control • General: No changes are needed. and impose the least burden. Rearward Displacement. These regulations are cost effective NHTSA’s plain language review of 49 CFR part 571.205—Glazing Materials and impose the least burden. these rules indicates no need for 49 CFR part 571.205a—Glazing NHTSA’s plain language review of substantial revision. Equipment Manufactured Before these rules indicates no need for 49 CFR part 582—Insurance Cost September 1, 2006 and Glazing substantial revision. Information Regulation Materials Used In Vehicles 49 CFR part 571.123—Motorcycle • Section 610: There is no Manufactured Before November 1, Controls and Displays SEIOSNOSE. 2006 • Section 610: There is no • General: No changes are needed. 49 CFR part 571.206—Door Locks and SEIOSNOSE. These regulations are cost effective Door Retention Components • General: No changes are needed. and impose the least burden. 49 CFR part 571.207—Seating Systems These regulations are cost effective NHTSA’s plain language review of 49 CFR part 571.208—Occupant Crash and impose the least burden. these rules indicates no need for Protection NHTSA’s plain language review of substantial revision. 49 CFR part 571.209—Seat Belt these rules indicates no need for 49 CFR part 583—Automobile Parts Assemblies substantial revision. Content Labeling 49 CFR part 571.210—Seat Belt 49 CFR part 571.124—Accelerator • Section 610: There is no Assembly Anchorages Control Systems SEIOSNOSE. 49 CFR part 571.211—[Reserved] • Section 610: There is no • General: No changes are needed. 49 CFR part 571.212—Windshield SEIOSNOSE. These regulations are cost effective Mounting • General: No changes are needed. and impose the least burden. Federal Railroad Administration These regulations are cost effective NHTSA’s plain language review of and impose the least burden. these rules indicates no need for Section 610 and Other Reviews
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Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR parts 200 and 201 ...... 2008 2009 2 ...... 49 CFR parts 207, 209, 211, 215, 238, and 256 ...... 2009 2010 3 ...... 49 CFR parts 210, 212, 214, 217, and 268 ...... 2010 2011 4 ...... 49 CFR part 219 ...... 2011 2012 5 ...... 49 CFR parts 218, 221, 241, and 244 ...... 2012 2013 6 ...... 49 CFR parts 216, 228, and 229 ...... 2013 2014 7 ...... 49 CFR parts 223 and 233 ...... 2014 2015 8 ...... 49 CFR parts 224, 225, 231, and 234 ...... 2015 2016 9 ...... 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 ...... 2016 2017 10 ...... 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 ...... 2017 2018
Year 7 (Fall 2014) List of Rules paperwork and other economic welfare, safety and environment. Analyzed and a Summary of Results burdens on the rail industry by FRA’s plain language review of this removing a stenciling requirement rule indicates no need for 49 CFR part 223—Safety Glazing for locomotives, passenger cars, and substantial revision. Standards—Locomotives, Passenger cabooses. FRA’s plain language Cars and Cabooses Year 8 (Fall 2015) List of Rule(s) That • review of this rule indicates no Section 610: There is no need for substantial revision. Will Be Analyzed During Next Year SEIOSNOSE. 49 CFR part 233—Signal Systems • 49 CFR part 224—Reflectorization of General: The rule provides Reporting Requirements Rail Freight Rolling Stock minimum requirements for glazing • Section 610: There is no 49 CFR part 225—Railroad Accidents/ materials, and is necessary to SEIOSNOSE. protect railroad employees and • General: FRA proposed to eliminate Incidents: Reports Classification railroad passengers from injury as a the five-year reporting requirement and Investigations result of objects striking the in a notice of proposed rulemaking 49 CFR part 231—Railroad Safety windows of locomotives, passenger (NPRM) that was published on June Appliance Standards cars and cabooses. Recent 19, 2013. The final rule eliminated 49 CFR part 234—Grade Crossing amendments with regard to the the regulatory requirement that Safety, Including Signal Systems, clarification existing regulations each railroad file a Signal Systems State Action Plans, and Emergency related to the use of glazing Five-Year Report with FRA which Notification Systems materials in the windows of became effective on September 2, Federal Transit Administration locomotives, passenger cars, and 2014. This would reduce paperwork cabooses are expected to reduce burdens, and protect public health, Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR parts 604, 605, and 633 ...... 2008 2009 2 ...... 49 CFR parts 661 and 665 ...... 2009 2010 3 ...... 49 CFR part 633 ...... 2010 2011 4 ...... 49 CFR parts 609 and 611 ...... 2011 2012 5 ...... 49 CFR parts 613 and 614 ...... 2012 2013 6 ...... 49 CFR part 622 ...... 2013 2014 7 ...... 49 CFR part 630 ...... 2014 2015 8 ...... 49 CFR part 639 ...... 2015 2016 9 ...... 49 CFR parts 659 and 663 ...... 2016 2017 10 ...... 49 CFR part 665 ...... 2017 2018
Year 7 (Fall 2014) List of Rules sub-recipients of section 5307 urban revisions will not have a significant Analyzed and Summary of Results formula funds and 5311 rural economic impact on a substantial number of small entities. 49 CFR part 630—National Transit formula funds. The proposed Database reporting requirements would apply • General: The rule was promulgated • Section 610: The agency has to all recipients and sub-recipients to prescribe requirements and determined that the rule continues of Chapter 53 funds that own, procedures for compliance with to not have a significant effect on a operate, or manage capital assets Federal data reporting requirements substantial number of small used in the provision of public dictated by statute. Recently, entities. FTA is proposing to amend transportation. However, FTA is not Congress included additional the rule to align with the statutory proposing to apply all existing NTD reporting requirements for the requirement to report performance reporting requirements to all management of transit asset when it measures and targets for the recipients of chapter 53 funds. FTA enacted the Moving Ahead for National Transit Asset Management has evaluated the likely effects of Progress in the 21st Century Act System as required under 49 U.S.C. the proposed rule on small entities (MAP–21), Public Law 112–141, 5326(c)(3). Currently, the NTD and is requesting public comment (2012). FTA is promulgating a reporting requirements are limited, during the rulemaking process. FTA notice of proposed rulemaking to in some instances, to recipients and has determined that the proposed implement specific reporting
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requirements of the National Asset funds under 49 U.S.C. 5307 and Year 8 (Fall 2015)—List of Rule(s) That Management System in accordance 5311. However, the proposed rule Will Be Analyzed This Year with 49 U.S.C. 5326. The proposal will not extend all current reporting includes revising 49 CFR part 630 requirements to all recipients. This 49 CFR part 639—Capital Leases to apply to all recipients of Federal proposal will revise the regulation Maritime Administration public transit funds instead of being to be consistent with current limited to just recipients of Federal statutory requirements. Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 46 CFR parts 201 through 205 ...... 2008 2009 2 ...... 46 CFR parts 221 through 232 ...... 2009 2010 3 ...... 46 CFR parts 249 through 296 ...... 2010 2011 4 ...... 46 CFR parts 221, 298, 308, and 309 ...... 2011 2012 5 ...... 46 CFR parts 307 through 309 ...... 2012 2013 6 ...... 46 CFR part 310 ...... 2013 2014 7 ...... 46 CFR parts 315 through 340 ...... 2014 2015 8 ...... 46 CFR parts 345 through 381 ...... 2015 2016 9 ...... 46 CFR parts 382 through 389 ...... 2016 2017 10 ...... 46 CFR parts 390 through 393 ...... 2017 2018
Year 6 (2013) List of Rules With Undertake in Continental United registered length to obtain a fishery Ongoing Analysis States Ports Voyage Repairs and endorsement to the vessel’s 46 CFR part 310—Merchant Marine Service Equipment of Vessels documentation Training Operated for the Account of the 46 CFR part 370—Claims National Shipping Authority Under 46 CFR part 381—Cargo preference— Year 7 (2014) List of Rules With General Agency Agreement U.S.-flag vessels Ongoing Analysis 46 CFR part 337—General Agent’s Year 9 (2016) List of Rules That Will Be responsibility in Connection with 46 CFR part 315—Agency Agreements Analyzed During the Next Year and Appointment of Agents Foreign Repair Custom’s Entries 46 CFR part 317—Bonding of Ship’s 46 CFR part 338—Procedure for 46 CFR part 382—Determination of fair Personnel Accomplishment of Vessel Repairs and reasonable rates for the carriage 46 CFR part 324—Procedural Rules for Under National Shipping Authority of bulk and packaged preference Financial Transactions Under Master Lump Sum Repair cargoes on U.S.-flag commercial Agency Agreements Contract—NSA—Lumpsumrep vessels 46 CFR part 325—Procedure to be 46 CFR part 339—Procedure for 46 CFR part 385—Research and Followed by General Agents in Accomplishment of Ship Repairs development grant and cooperative Preparation of Invoices and Under National Shipping Authority agreements regulations Payment of Compensation Pursuant Individual Contract for Minor 46 CFR part 386—Regulations governing to Provisions of NSA Order No. 47 Repairs—NSA—Worksmalrep public buildings and grounds at the 46 CFR part 326—Marine Protection and 46 CFR part 340—Priority Use and United States Merchant Marine Indemnity Insurance Under Allocation of Shipping Services, Academy Agreements with Agents Container and Chassis and Port 46 CFR part 387—Utilization and 46 CFR part 327—Seamen’s Claims; Facilities and Services for National disposal of surplus Federal real Administrative Action and Security and National Defense property for development or Litigation Related Operations. operation of a port facility 46 CFR part 388—Administrative 46 CFR part 328—Slop Chests Year 8 (2015) List of Rules With 46 CFR part 329—Voyage Data waivers of the Coastwise Trade Ongoing Analysis 46 CFR part 330—Launch Services Laws 46 CFR part 332—Repatriation of 46 CFR part 345—Restrictions upon the 46 CFR part 389—Determination of Seaman transfer or change in use or in terms availability of coast-wise-qualified 46 CFR part 335—Authority and governing utilization of port vessels for transportation of Responsibility of General Agents to facilities platform jackets Undertake Emergency Repairs in 46 CFR part 346—Federal port Pipeline and Hazardous Materials Foreign Ports controllers Safety Administration (PHMSA) 46 CFR part 336—Authority and 46 CFR part 356—Requirements for Responsibility of General Agents to vessels over 100 feet or greater in Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 49 CFR part 178 ...... 2008 2009 2 ...... 49 CFR parts 178 through 180 ...... 2009 2010 3 ...... 49 CFR parts 172 and 175 ...... 2010 2011 4 ...... 49 CFR part 171, sections 171.15 and 171.16 ...... 2011 2012 5 ...... 49 CFR parts 106, 107, 171, 190, and 195 ...... 2012 2013
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Analysis Review Year Regulations to be reviewed year year
6 ...... 49 CFR parts 174, 177, 191, and 192 ...... 2013 2014 7 ...... 49 CFR parts 176 and 199 ...... 2014 2015 8 ...... 49 CFR parts 172 and 178 ...... 2015 2016 9 ...... 49 CFR parts 172, 173, 174, 176, 177, and 193 ...... 2016 2017 10 ...... 49 CFR parts 173 and 194 ...... 2017 2018
Year 7 (Fall 2015) List of Rules framework for the vessel transport economic impact on small entities Analyzed and a Summary of Results of hazardous materials through will not be significant. participation in relevant • 49 CFR part 176—Carriage by Vessel General: No changes are needed. • international standards setting These regulations are cost effective Section 610: There is no bodies including the International SEIOSNOSE. This rule prescribes and impose the least burden. Maritime Organization’s Sub- PHMSA’s plain language review of minimum safety standards for the Committee on Carriage of Cargoes transportation of hazardous this rule indicates no need for and Containers and strives to substantial revision. materials by vessel. Some small harmonize domestic regulations entities may be affected, but the with that framework wherever such Year 8 (Fall 2016) List of Rules That economic impact on small entities harmonization provides an Will Be Analyzed During the Next Year will not be significant. acceptable level of safety and is in • General: The requirements in this the public interest. PHMSA’s plain 49 CFR part 172—Hazardous Materials rule are necessary to protect language review of this rule Table, Special Provisions, workers and the general public from indicates no need for substantial Hazardous Materials the dangers associated with revision. Communications, Emergency incidents involving hazardous 49 CFR part 199—Drug and Alcohol Response Information, Training materials transported by vessel. Testing Requirements, and Security Plans These provisions closely align with • Section 610: There is no 49 CFR part 178—Specifications for international standards for the safe SEIOSNOSE. Based on regulated Packagings transportation of dangerous goods. entities, PHMSA found that the Saint Lawrence Seaway Development PHMSA works in consultation with majority of operators are not small Corporation the United States Coast Guard to businesses. Therefore, though some promote a harmonized international small entities may be affected, the Section 610 and Other Reviews
Analysis Review Year Regulations to be reviewed year year
1 ...... 33 CFR parts 401 through 403 ...... 2008 2009
Year 1 (Fall 2008) List of Rules With 33 CFR part 402—Tariff of Tolls Ongoing Analysis 33 CFR part 403—Rules of Procedure of 33 CFR part 401—Seaway Regulations the Joint Tolls Review Board and Rules
OFFICE OF THE SECRETARY—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
195 ...... + Airline Pricing Transparency and Other Consumer Protection Issues ...... 2105–AE11 + DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
196 ...... + Applying the Flight, Duty, and Rest Rules to Tail-End Ferry Operations & FAA Reauthorization ...... 2120–AK26 + DOT-designated significant regulation.
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FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
197 ...... + Airport Safety Management System ...... 2120–AJ38 198 ...... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights that Follow Domestic, Flag, or Sup- 2120–AK22 plemental All-Cargo Operations (Reauthorization). 199 ...... + Pilot Records Database (HR 500) ...... 2120–AK31 200 ...... + Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter (RRR) ...... 2120–AK65 201 ...... + Operations of Small Unmanned Aircraft Over People ...... 2120–AK85 + DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
202 ...... + Operation and Certification of Small Unmanned Aircraft Systems ...... 2120–AJ60 203 ...... Changing the Collective Risk Limits for Launches and Reentries and Clarifying the Risk Limit Used to Es- 2120–AK06 tablish Hazard Areas for Ships and Aircraft. 204 ...... Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft (RRR) ...... 2120–AK32 205 ...... Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities (RRR) ...... 2120–AK44 206 ...... + Registration and Marking Requirements for Small Unmanned Aircraft ...... 2120–AK82 + DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
207 ...... + Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 2120–AK09 States. + DOT-designated significant regulation.
FEDERAL AVIATION ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
208 ...... Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather 2120–AK08 Event Training (International Cooperation).
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
209 ...... + Commercial Drivers’ License Drug and Alcohol Clearinghouse (MAP–21) ...... 2126–AB18 + DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
210 ...... + Carrier Safety Fitness Determination ...... 2126–AB11 211 ...... + Entry-Level Driver Training (Section 610 Review) ...... 2126–AB66 + DOT-designated significant regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
212 ...... + Electronic Logging Devices and Hours of Service Supporting Documents (MAP–21) (RRR) ...... 2126–AB20 + DOT-designated significant regulation.
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FEDERAL RAILROAD ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
213 ...... + Passenger Equipment Safety Standards Amendments (RRR) ...... 2130–AC46 + DOT-designated significant regulation.
FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
214 ...... + Train Crew Staffing and Location ...... 2130–AC48 + DOT-designated significant regulation.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
215 ...... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ...... 2135–AA38 216 ...... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a 2135–AA39 Section 610 Review).
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
217 ...... + Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve installation and Minimum Rupture 2137–AF06 Detection Standards. 218 ...... + Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable 2137–AF08 Trains. + DOT-designated significant regulation.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
219 ...... + Pipeline Safety: Safety of Hazardous Liquid Pipelines ...... 2137–AE66 220 ...... Pipeline Safety: Issues related to the use of Plastic Pipe in Gas Pipeline Industry (RRR) ...... 2137–AE93 221 ...... Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other 2137–AE94 Changes (RRR). + DOT-designated significant regulation.
MARITIME ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
222 ...... + Cargo Preference ...... 2133–AB74 + DOT-designated significant regulation.
DEPARTMENT OF TRANSPORTATION to improve the air travel environment. enhanced reporting by mainline carriers (DOT) This rulemaking would explore whether for their domestic code-share partner Office of the Secretary (OST) to codify in regulation a definition of operations; requiring large travel agents the term ‘‘ticket agent,’’ to require to adopt minimum customer service Final Rule Stage airlines and ticket agents to disclose at standards; codifying the statutory 195. +Airline Pricing Transparency and all points of sale the fees for certain requirement that carriers and ticket Other Consumer Protection Issues basic ancillary services associated with agents disclose any code-share the air transportation consumers are arrangements on their Web sites; and Legal Authority: 49 U.S.C. 41712; 49 buying or considering buying. The prohibiting unfair and deceptive U.S.C. 40101; 49 U.S.C. 41702 rulemaking would also consider practices such as undisclosed biasing Abstract: This rulemaking would whether to enhance airline passenger and post-purchase price increases. The address a number of proposals to protections such as: Expanding the pool rulemaking would also consider enhance protections for air travelers and of ‘‘reporting’’ carriers; requiring whether to require ticket agents to
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disclose the carriers whose tickets they Abstract: This rulemaking would Action Date FR Cite sell in order to avoid having consumers require a flightcrew member who is mistakenly believe they are searching all employed by an air carrier conducting Second Extension 03/07/11 76 FR 12300 possible flight options for a particular operations under part 135, and who of Comment city-pair market when in fact there may accepts an additional assignment for Period. be other options available. Additionally, flying under part 91 from the air carrier End of Second 07/05/11 Extended Com- the rulemaking would correct drafting or from any other air carrier conducting ment Period. errors and make minor changes to the operations under part 121 or 135, to Second NPRM .... 06/00/16 Department’s second Enhancing Airline apply the period of the additional Passenger Protections rule to conform to assignment toward any limitation Regulatory Flexibility Analysis guidance issued by the Department’s applicable to the flightcrew member Required: Yes. Office of Aviation Enforcement and relating to duty periods or flight times Agency Contact: Keri Lyons, Proceedings (Enforcement Office) under part 135. Department of Transportation, Federal regarding its interpretation of the rule. Timetable: Aviation Administration, 800 Timetable: Independence Avenue SW., Action Date FR Cite Washington, DC 20591, Phone: 202 267– Action Date FR Cite ANPRM ...... 09/00/16 8972, Email: [email protected]. NPRM ...... 05/23/14 79 FR 29970 RIN: 2120–AJ38 NPRM Comment 08/06/14 79 FR 45731 Regulatory Flexibility Analysis 198. +Applying the Flight, Duty, and Period Ex- Required: Yes. Rest Requirements to Ferry Flights That tended. Agency Contact: Dale Roberts, Follow Domestic, Flag, or Supplemental NPRM Comment 08/21/14 Department of Transportation, Federal All-Cargo Operations (Reauthorization) Period End. Aviation Administration, 800 NPRM Comment 09/22/14 Independence Avenue SW., Legal Authority: 49 U.S.C. 106(g); 49 Period Ex- U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. tended End. Washington, DC 20591, Phone: 202 267– 5749, Email: [email protected]. 41706; 49 U.S.C. 44101; 49 U.S.C. NPRM Comment 09/25/14 79 FR 57489 44701; 49 U.S.C. 44702; 49 U.S.C. Period Re- RIN: 2120–AK26 opened. 44705; 49 U.S.C. 44709 to 44711; 49 NPRM Comment 09/29/14 U.S.C. 44713; 49 U.S.C. 44716; 49 U.S.C. Period Re- 44717 opened End. DEPARTMENT OF TRANSPORTATION Abstract: This rulemaking would Final Rule ...... 10/00/16 (DOT) require a flightcrew member who Federal Aviation Administration (FAA) accepts an additional assignment for Regulatory Flexibility Analysis flying under part 91 from the air carrier Required: Yes. Proposed Rule Stage or from any other air carrier conducting Agency Contact: Blane A. Workie, 197. +Airport Safety Management operations under part 121 or 135 of such Principal Deputy Assistant General System title, to apply the period of the Counsel, Department of Transportation, additional assignment toward any Office of the Secretary, 1200 New Jersey Legal Authority: 49 U.S.C. 44706; 49 limitation applicable to the flightcrew Avenue SE., Washington, DC 20590, U.S.C. 106(g); 49 U.S.C. 40113; 49 member relating to duty periods or Phone: 202–366–9342, TDD Phone: U.S.C. 44701 to 44706; 49 U.S.C. 44709; flight times. This rule is necessary as it 202–755–7687, Fax: 202–366–7152, 49 U.S.C. 44719 will make part 121 flight, duty, and rest Abstract: This rulemaking would Email: [email protected]. limits applicable to tail-end ferries that require certain airport certificate holders RIN: 2105–AE11 follow an all-cargo flight. to develop, implement, maintain, and BILLING CODE 4910–9X–P Timetable: adhere to a safety management system (SMS) for its aviation related activities. Action Date FR Cite An SMS is a formalized approach to DEPARTMENT OF TRANSPORTATION managing safety by developing an NPRM ...... 09/00/16 (DOT) organization-wide safety policy, Regulatory Flexibility Analysis Federal Aviation Administration (FAA) developing formal methods of identifying hazards, analyzing and Required: Yes. Prerule Stage mitigating risk, developing methods for Agency Contact: Dale Roberts, Department of Transportation, Federal 196. +Applying the Flight, Duty, and ensuring continuous safety Aviation Administration, 800 Rest Rules to Tail-End Ferry Operations improvement, and creating Independence Avenue SW., & FAA Reauthorization organization-wide safety promotion strategies. Washington, DC 20591, Phone: 202 267– Legal Authority: 49 U.S.C. 106(g); 49 Timetable: 5749, Email: [email protected]. U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C. RIN: 2120–AK22 40102; 49 U.S.C. 40103; 49 U.S.C. Action Date FR Cite 40113; 49 U.S.C. 41706; 49 U.S.C. 199. +Pilot Records Database (HR 500) 44105; 49 U.S.C. 44106; 49 U.S.C. NPRM ...... 10/07/10 75 FR 62008 Legal Authority: 49 U.S.C. 106(g); 49 44111; 49 U.S.C. 44701 to 44717; 49 NPRM Comment 12/10/10 75 FR 76928 U.S.C. 1155; 49 U.S.C. 40103; 49 U.S.C. U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. Period Ex- 40113; 49 U.S.C. 40119; 49 U.S.C. tended. 44903; 49 U.S.C. 44904; 49 U.S.C. NPRM Comment 01/05/11 40120; 49 U.S.C. 41706; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. Period End. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 44914; 49 U.S.C. 44936; 49 U.S.C. End of Extended 03/07/11 to 44705; 49 U.S.C. 44709 to 44713; 49 44938; 49 U.S.C. 45101 to 45105; 49 Comment Pe- U.S.C. 44715 to 44717; 49 U.S.C. 44722; U.S.C. 46103 riod. 49 U.S.C. 45101 to 45105; 49 U.S.C.
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46105; 49 U.S.C. 46306; 49 U.S.C. technology; (5) increase the general DEPARTMENT OF TRANSPORTATION 46315; 49 U.S.C. 46316; 49 U.S.C. aviation (GA) level of safety provided by (DOT) 46504; 49 U.S.C. 46507; 49 U.S.C. new and modified airplanes; (6) amend Federal Aviation Administration (FAA) 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 the stall, stall warning, and spin to 47531 requirements to reduce fatal accidents Final Rule Stage Abstract: This rulemaking would and increase crashworthiness by implement a Pilot Records Database as 202. +Operation and Certification of allowing new methods for occupant Small Unmanned Aircraft Systems required by Public Law 111–216 (Aug. protection; and (7) address icing Legal Authority: 49 U.S.C. 44701; Pub. 1, 2010). Section 203 amends the Pilot conditions that are currently not L. 112–95 Records Improvement Act by requiring included in part 23 regulations. the FAA to create a pilot records Abstract: This rulemaking would database that contains various types of Timetable: allow the commercial operation of small pilot records. These records would be unmanned aircraft systems (sUAS) in provided by the FAA, air carriers, and Action Date FR Cite the National Airspace System (NAS). other persons who employ pilots. The These changes would address the NPRM ...... 03/14/16 81 FR 13452 FAA must maintain these records until operation of small unmanned aircraft NPRM Comment 05/13/16 systems, certification of their operators, it receives notice that a pilot is Period End. deceased. Air carriers would use this registration of the small unmanned database to perform a record check on aircraft, and display of registration a pilot prior to making a hiring decision. Regulatory Flexibility Analysis markings. This action would also find Timetable: Required: Yes. airworthiness certification is not Agency Contact: Lowell Foster, required for small unmanned aircraft Action Date FR Cite Department of Transportation, Federal system operations subject to this rulemaking. NPRM ...... 03/00/17 Aviation Administration, 901 Locust St., Kansas City, MO 64106, Phone: 816– Timetable: Regulatory Flexibility Analysis 329–4125, Email: [email protected]. Action Date FR Cite Required: Yes. RIN: 2120–AK65 NPRM ...... 02/23/15 80 FR 9544 Agency Contact: Bradley Palmer, • Department of Transportation, Federal 201. +Operations of Small Unmanned NPRM Comment 04/24/15 Aviation Administration, 800 Aircraft Over People Period End. Final Rule ...... 07/00/16 Independence Avenue SW., Legal Authority: 49 U.S.C. 106(f); 49 Washington, DC 20591, Phone: 202 267– U.S.C. 40101; 49 U.S.C. 40103; 49 U.S.C. Regulatory Flexibility Analysis 7739, Email: [email protected]. 44701; Pub. L. 112–95, sec 333; . . . RIN: 2120–AK31 Required: Yes. Abstract: This rulemaking would Agency Contact: Lance Nuckolls, 200. +Revision of Airworthiness address the performance-based Unmanned Aircraft Systems Integration Standards for Normal, Utility, standards and means-of-compliance for Office, Department of Transportation, Acrobatic, and Commuter (RRR) Federal Aviation Administration, 490 operation of small unmanned aircraft L’Enfant Plaza SW., Washington, DC Legal Authority: 49 U.S.C. 106(g); 49 systems (UAS) over people not directly 20024, Phone: 202–267–8447, Email: U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. participating in the operation or not 44702; 49 U.S.C. 44704 [email protected]. under a covered structure or inside a RIN: 2120–AJ60 Abstract: This rulemaking would stationary vehicle that can provide revise title 14, Code of Federal reasonable protection from a falling 203. Changing the Collective Risk Regulations (14 CFR) part 23 as a set of small unmanned aircraft. This Limits for Launches and Reentries and performance based regulations for the rulemaking would provide relief from Clarifying the Risk Limit Used To design and certification of small certain operational restrictions Establish Hazard Areas for Ships and transport category aircraft. This implemented in the Operation and Aircraft rulemaking would: (1) Reorganize part Legal Authority: 51 U.S.C. 50901 to 23 into performance-based requirements Certification of Small Unmanned Aircraft Systems final rule (hereinafter 50923 by removing the detailed design Abstract: This rulemaking would requirements from part 23. The detailed the sUAS Operation and Certification rule). revise the requirements, (1) establish design provisions that would assist quantitative public risk acceptability applicants in complying with the new Timetable: criteria that treat launch and reentry performance-based requirements would separately, (2) define the scope of be identified in means of compliance Action Date FR Cite launch and reentry mission for the (MOC) documents to support this effort; NPRM ...... 12/00/16 purposes of quantitative risk analyses (2) promote the adoption of the newly (QRA), and (3) apply QRA requirements, created performance-based including uncertainty analysis, equally airworthiness design standard as an Regulatory Flexibility Analysis to all types of launch and reentry internationally accepted standard by the Required: Yes. vehicles. These revisions update the majority of other civil aviation Agency Contact: Guido Hassig, current regulations and are consistent authorities; (3) re-align the part 23 Department of Transportation, Federal with current practices at the Federal requirements to promote the Aviation Administration, 1 Airport ranges. development of entry-level airplanes Way, Rochester, NY 14624, Phone: 585 Timetable: similar to those certified under 436–3880, Email: [email protected]. Certification Specification for Very Action Date FR Cite Light Aircraft (CS–VLA); (4) enhance RIN: 2120–AK85 the FAA’s ability to address new NPRM ...... 07/21/14 79 FR 42241
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Action Date FR Cite Action Date FR Cite aircraft systems, to help facilitate compliance with existing statutory NPRM Comment 10/20/14 NPRM Comment 11/18/14 obligations for aircraft registration. The Period End. Period End. alternative process will help create a Analyzing com- 06/00/16 Final Rule ...... 05/00/16 culture of accountability and ensure ments. responsible use of small UAS. As Regulatory Flexibility Analysis evidenced by the recent reports of Regulatory Flexibility Analysis Required: Yes. unsafe UAS operations, the lack of Required: Yes. Agency Contact: Denise K. Deaderick, awareness of operators regarding what Agency Contact: Rene Rey, Licensing Air Transportation Division, must be done to operate UAS safely in and Safety Division, Office of Department of Transportation, Federal the NAS, and the lack of identification Commercial Space, Department of Aviation Administration, 800 of UAS and their operators pose Transportation, Federal Aviation Independence Avenue SW., significant challenges in ensuring Administration, 800 Independence Washington, DC 20591, Phone: 202– accountability for responsible use. Avenue SW., Washington, DC 20590, 267–8166, Email: [email protected]. Without increased awareness and Phone: 202 267–7538, Email: rene.rey@ RIN: 2120–AK32 knowledge of the statutory and faa.gov. 205. Reciprocal Waivers of Claims for regulatory requirements for safe RIN: 2120–AK06 Licensed or Permitted Launch and operation, the risk of unsafe UAS 204. Acceptance Criteria for Portable Reentry Activities (RRR) operations will only rise. Aircraft registration, identification, and marking Oxygen Concentrators Used Onboard Legal Authority: 49 U.S.C. 322; 51 Aircraft (RRR) will assist the Department in identifying U.S.C. 50910 to 50923 owners of UAS that are operated in an Legal Authority: 49 U.S.C. 106(f); 49 Abstract: This rulemaking would unsafe manner, so we may continue to U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. extend the waiver of claims for all the educate these users, and when 40103; 49 U.S.C. 40105; 49 U.S.C. customers involved in a launch or appropriate, take enforcement action. 40109; 49 U.S.C. 40113; 49 U.S.C. reentry, amend the requirement This rulemaking is based on public 40119; 49 U.S.C. 40120; 49 U.S.C. describing which entities are required to comment regarding the proposed 41706; 49 U.S.C. 44101; 49 U.S.C. sign the statutorily-mandated waiver of aircraft registration process for small 44110; 49 U.S.C. 44111; 49 U.S.C. claims, and add a new waiver template UAS in the Operation and Use of Small 44502; 49 U.S.C. 44701; 49 U.S.C. for the customer’s use. This rulemaking UAS notice of proposed rulemaking and 44702; 49 U.S.C. 44704; 49 U.S.C. would ease the administrative burden recommendations from the UAS 44705; 49 U.S.C. 44709 to 44713; 49 on the customers, licensees, permittees, Registration task force. U.S.C. 44715 to 44717; 49 U.S.C. 44722; and the FAA, especially when a new Timetable: 49 U.S.C. 45101 to 45105; 49 U.S.C. customer is added only a short time 46102; 49 U.S.C. 46105; 49 U.S.C. before the scheduled launch or reentry. Action Date FR Cite 46306; 49 U.S.C. 46315; 49 U.S.C. Timetable: 46316; 49 U.S.C. 46504; 49 U.S.C. Interim Final Rule 12/16/15 80 FR 78593 46506; 49 U.S.C. 46507; 49 U.S.C. Action Date FR Cite OMB approval of 12/21/15 80 FR 79255 information col- 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 lection. to 47531; 61 Stat. 1180—Articles 12 and NPRM ...... 01/13/15 80 FR 2015 NPRM Comment 03/16/15 Final Rule Effec- 12/21/15 29 Period End. tive. Abstract: This rulemaking would NPRM Comment 06/15/15 80 FR 34110 Comment Period 01/15/16 replace the existing process by which Period Re- End. the Federal Aviation Administration opened. Analyzing Com- 06/00/16 (FAA) approves portable oxygen Comment Period 07/15/15 ments. concentrators (POC) for use on board End. aircraft in air carrier operations, Final Rule ...... 05/00/16 Regulatory Flexibility Analysis commercial operations, and certain Required: Yes. Agency Contact: Sara Mikolop, other operations using large aircraft. Regulatory Flexibility Analysis Department of Transportation, Federal This rulemaking would also replace the Required: Yes. Aviation Administration, 800 current process and allow passengers to Agency Contact: Shirley McBride, Independence Avenue SW., use a POC on board an aircraft if the Department of Transportation, Federal Washington, DC 20591, Phone: 202 267– POC satisfies certain acceptance criteria Aviation Administration, 800 Independence Avenue SW., 7776, Email: [email protected]. and bears a label indicating RIN: 2120–AK82 conformance with the acceptance Washington, DC 20591, Phone: 202 267– criteria. Additionally, this rulemaking 7470, Email: [email protected]. would eliminate redundant operational RIN: 2120–AK44 requirements and paperwork 206. • +Registration and Marking DEPARTMENT OF TRANSPORTATION requirements related to the physician’s Requirements for Small Unmanned (DOT) statement. As a result, this rulemaking Aircraft Federal Aviation Administration (FAA) would reduce burdens for POC manufacturers, passengers who use Legal Authority: 49 U.S.C. 106(f); 49 Long-Term Actions POCs while traveling, and affected U.S.C. 41703; 49 U.S.C. 44101 to 44106; 49 U.S.C. 44110 to 44113; 49 U.S.C. 207. +Drug and Alcohol Testing of aircraft operators. Certain Maintenance Provider Timetable: 44701 Abstract: This interim final rule Employees Located Outside of the United States Action Date FR Cite would establish an alternative, stream- lined, web-based aircraft registration Legal Authority: 14 CFR; 49 U.S.C. NPRM ...... 09/19/14 79 FR 56288 system for certain small unmanned 106(g); 49 U.S.C. 40113; 49 U.S.C.
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44701; 49 U.S.C. 44702; 49 U.S.C. standards are intended to fully define driver’s license (CDL) holders and 44707; 49 U.S.C. 44709; 49 U.S.C. 44717 FSTD fidelity requirements for refusals by such drivers to submit to Abstract: This rulemaking is required conducting new flight training tasks testing. This rulemaking would require by the FAA Modernization and Reform introduced through recent changes to employers of CDL holders and service Act of 2012. It would require controlled the air carrier training requirements, as agents to report positive test results and substance testing of some employees well as to address various National refusals to test into the Clearinghouse. working in repair stations located Transportation Safety Board (NTSB) and Prospective employers, acting on an outside the United States. The intended Aviation Rulemaking Committee application for a CDL driver position effect is to increase participation by recommendations. This final rule also with the applicant’s written consent to companies outside of the United States updates the FSTD technical standards to access the Clearinghouse, would query in testing of employees who perform better align with the current the Clearinghouse to determine if any safety critical functions and testing international FSTD evaluation guidance specific information about the driver standards similar to those used in the and introduces a new FSTD level that applicant is in the Clearinghouse before repair stations located in the United expands the number of qualified flight allowing the applicant to be hired and States. This action is necessary to training tasks in a fixed-base flight to drive CMVs. This rulemaking is increase the level of safety of the flying training device. These changes will intended to increase highway safety by public. ensure that the training and testing ensuring CDL holders, who have tested Timetable: environment is accurate and realistic, positive or have refused to submit to will codify existing practice, and will testing, have completed the U.S. DOT’s Action Date FR Cite provide greater harmonization with return-to-duty process before driving international guidance for simulation. CMVs in interstate or intrastate ANPRM ...... 03/17/14 79 FR 14621 The amendments will not apply to commerce. It is also intended to ensure Comment Period 05/01/14 79 FR 24631 Extended. previously qualified FSTDs with the that employers are meeting their drug ANPRM Comment 05/16/14 exception of the FSTD Directive, which and alcohol testing responsibilities. Period End. codifies the new FSTD technical Additionally, provisions in this Comment Period 07/17/14 standards for specific training tasks. rulemaking would also be responsive to End. Timetable: requirements of the Moving Ahead for NPRM ...... 05/00/17 Progress in the 21st Century (MAP–21) Action Date FR Cite Act. MAP–21 required creation of the Regulatory Flexibility Analysis Clearinghouse by 10/1/14. Required: Yes. NPRM ...... 07/10/14 79 FR 39461 Timetable: Agency Contact: Vicky Dunne, NPRM Comment 09/16/14 79 FR 55407 Period Ex- Department of Transportation, Federal Action Date FR Cite tended. Aviation Administration, 800 NPRM Comment 10/08/14 Independence Avenue SW., NPRM ...... 02/20/14 79 FR 9703 Period End. Comment Period 04/21/14 Washington, DC 20591, Phone: 202 267– Comment Period 01/06/15 8522, Email: [email protected]. End. Extended. Comment Period 04/22/14 79 FR 22467 RIN: 2120–AK09 Final Action ...... 03/03/16 81 FR 18177 End. Final Action Effec- 05/31/16 Comment Period 04/22/14 79 FR 22467 tive. Extended. Final Rule ...... 07/00/16 DEPARTMENT OF TRANSPORTATION Regulatory Flexibility Analysis (DOT) Required: Yes. Regulatory Flexibility Analysis Federal Aviation Administration (FAA) Agency Contact: Larry McDonald, Required: Yes. Department of Transportation, Federal Agency Contact: Juan Moya, Completed Actions Aviation Administration, P.O. Box Department of Transportation, Federal 208. Flight Simulation Training Device 20636, Atlanta, GA 30320, Phone: 404– Motor Carrier Safety Administration, Qualification Standards for Extended 474–5620, Email: larry.e.mcdonald@ Washington, DC 20590, Phone: 202 366– Envelope and Adverse Weather Event faa.gov. 4844, Email: [email protected]. Training (International Cooperation) RIN: 2120–AK08 RIN: 2126–AB18 Legal Authority: 49 U.S.C. 106(g); 49 BILLING CODE 4910–13–P U.S.C. 40113; 49 U.S.C. 44701; Pub. L. 111–216; 124 Stat. 2348; 49 U.S.C. DEPARTMENT OF TRANSPORTATION 106(f) DEPARTMENT OF TRANSPORTATION (DOT) Abstract: This rulemaking would (DOT) amend the Qualification Performance Federal Motor Carrier Safety Standards for flight simulation training Federal Motor Carrier Safety Administration (FMCSA) Administration (FMCSA) devices (FSTDs) for the primary purpose Long-Term Actions of improving existing technical Final Rule Stage standards and introducing new 210. +Carrier Safety Fitness technical standards for full stall and 209. +Commercial Drivers’ License Determination stick pusher maneuvers, upset Drug and Alcohol Clearinghouse (MAP– Legal Authority: 49 U.S.C. 31144; sec. recognition and recovery maneuvers, 21) 4009 of TEA–21 maneuvers conducted in airborne icing Legal Authority: 49 U.S.C. 31306 Abstract: FMCSA proposes to amend conditions, takeoff and landing Abstract: This rulemaking would the Federal Motor Carrier Safety maneuvers in gusting crosswinds, and create a central database for verified Regulations (FMCSRs) to adopt revised bounced landing recovery maneuvers. positive controlled substances and methodologies that would result in a These new and improved technical alcohol test results for commercial safety fitness determination (SFD). The
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proposed methodologies would May 2015. The compliance date of the Regulatory Flexibility Analysis determine when a motor carrier is not rule would be three years after the Required: Yes. fit to operate commercial motor vehicles effective date of the final rule. Agency Contact: Brian Routhier, (CMVs) in or affecting interstate Timetable: Department of Transportation, Federal commerce based on (1) the carrier’s on- Motor Carrier Safety Administration, road safety performance in relation to Action Date FR Cite 1200 New Jersey Avenue SE., five of the Agency’s seven Behavioral Washington, DC 20590, Phone: 202 366– Analysis and Safety Improvement NPRM ...... 03/07/16 81 FR 11944 1225, Email: [email protected]. NPRM Comment 04/06/16 RIN: 2126–AB20 Categories (BASICs); (2) an Period End. investigation; or (3) a combination of Next Action Unde- BILLING CODE 4910–EX–P on-road safety data and investigation termined. information. The intended effect of this action is to more effectively use FMCSA Regulatory Flexibility Analysis DEPARTMENT OF TRANSPORTATION data and resources to identify unfit Required: Yes. motor carriers and to remove them from Agency Contact: Sean Gallagher, MC– (DOT) the Nation’s roadways. PRR, Department of Transportation, Federal Railroad Administration (FRA) Timetable: Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. Proposed Rule Stage Action Date FR Cite SE., Washington, DC 20590, Phone: 202 213. +Passenger Equipment Safety NPRM ...... 01/21/16 81 FR 3562 366–3740, Email: sean.gallagher@ Standards Amendments (RRR) dot.gov. NPRM Comment 04/20/16 Legal Authority: 49 U.S.C. 20103 RIN: 2126–AB66 Period End. Abstract: This rulemaking would Next Action Unde- termined. amend 49 CFR part 238 to update existing safety standards for passenger Regulatory Flexibility Analysis DEPARTMENT OF TRANSPORTATION rail equipment. Specifically, the Required: Yes. (DOT) proposed rulemaking would add standards for alternative compliance Agency Contact: David Miller, Federal Motor Carrier Safety with requirements for tier I passenger Regulatory Development Division, Administration (FMCSA) Department of Transportation, Federal equipment, increase the maximum Motor Carrier Safety Administration, Completed Actions authorized speed for tier II passenger equipment, and add requirements for a 1200 New Jersey Avenue SE., 212. +Electronic Logging Devices and Washington, DC 20590, Phone: 202 366– new tier III category of passenger Hours of Service Supporting Documents equipment. 5370, Email: [email protected]. (MAP–21) (RRR) RIN: 2126–AB11 Timetable: Legal Authority: 49 U.S.C. 31502; 211. +Entry-Level Driver Training 31136(a); Pub. L. 103.311; 49 U.S.C. Action Date FR Cite (Section 610 Review) 31137(a) Legal Authority: 49 U.S.C. 31136 Abstract: This rulemaking would NPRM ...... 07/00/16 Abstract: FMCSA proposes new establish: (1) Minimum performance training standards for certain and design standards for hours-of- Regulatory Flexibility Analysis individuals applying for their initial service (HOS) electronic logging devices Required: Yes. Agency Contact: Kathryn Shelton, commercial driver’s license (CDL); an (ELDs); (2) requirements for the Trial Attorney, Department of upgrade of their CDL (e.g., a Class B mandatory use of these devices by Transportation, Federal Railroad CDL holder seeking a Class A CDL); or drivers currently required to prepare Administration, 1200 New Jersey a hazardous materials, passenger, or HOS records of duty status (RODS); (3) Avenue SE., Washington, DC 20590, school bus endorsement for their requirements concerning HOS Phone: 202 493–6063, Email: license; and a ‘‘refresher’’ training supporting documents; and (4) measures [email protected]. curriculum. These individuals would be to address concerns about harassment RIN: 2130–AC46 subject to the proposed entry-level resulting from the mandatory use of driver training requirements and must ELDs. complete a course of instruction Timetable: provided by an entity that (1) meets the DEPARTMENT OF TRANSPORTATION minimum qualifications for training Action Date FR Cite (DOT) providers, (2) covers the curriculum, (3) is listed on FMCSA’s proposed Training NPRM ...... 02/01/11 76 FR 5537 Federal Railroad Administration (FRA) NPRM Comment 02/28/11 Provider Registry, and (4) submits Final Rule Stage electronically to FMCSA the training Period End. NPRM Comment 03/10/11 76 FR 13121 214. +Train Crew Staffing and Location certificate for each individual who Period Ex- completes the training. This NPRM tended. Legal Authority: 28 U.S.C. 2461, note; responds to a Congressional mandate NPRM Comment 05/23/11 49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C. imposed under the Moving Ahead for Period Ex- 20107; 49 U.S.C. 21301–21302; 49 Progress in the 21st Century Act. The tended End. U.S.C. 21304 proposed rule is based on consensus SNPRM ...... 03/28/14 79 FR 17656 Abstract: This rulemaking would add recommendations from the Agency’s SNPRM Comment 05/27/14 minimum requirements for the size of Entry-Level Driver Training Advisory Period End. different train crew staffs depending on Committee (ELDTAC), a negotiated Final Rule ...... 12/16/15 80 FR 78292 the type of operation. The minimum Final Rule Effec- 02/16/16 rulemaking committee which held a tive. crew staffing requirements would reflect series of meetings between February and the safety risks posed to railroad
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employees, the general public, and the Action Date FR Cite RIN: 2135–AA39 environment. This rulemaking would BILLING CODE 4910–61–P also establish minimum requirements NPRM ...... 02/09/16 81 FR 6810 for the roles and responsibilities of the NPRM Comment 03/10/16 second train crew member on a moving Period End. train, and promote safe and effective Final Rule ...... 03/17/16 81 FR 14390 DEPARTMENT OF TRANSPORTATION teamwork. Additionally, this Final Rule Effec- 03/21/16 (DOT) tive. rulemaking would permit a railroad to Pipeline and Hazardous Materials submit information to FRA and seek Safety Administration (PHMSA) approval if it wants to continue an Regulatory Flexibility Analysis existing operation with a one-person Required: No. Proposed Rule Stage train crew or start up an operation with Agency Contact: Carrie Lavigne, Department of Transportation, Saint 217. +Pipeline Safety: Amendments to less than two crew members. Parts 192 and 195 To Require Valve Timetable: Lawrence Seaway Development Corporation, 1200 New Jersey Avenue Installation and Minimum Rupture Action Date FR Cite SE., Washington, DC 20590, Phone: 315 Detection Standards 764–3231, Email: [email protected]. Legal Authority: 49 U.S.C. 60101 et NPRM ...... 03/15/16 81 FR 13918 RIN: 2135–AA38 seq. NPRM Comment 05/16/16 Abstract: This rule would propose Period End. 216. • Seaway Regulations and Rules: installation of automatic shutoff valves, Final Rule ...... 09/00/16 Periodic Update, Various Categories remote controlled valves, or equivalent (Rulemaking Resulting From a Section technology and establish performance Regulatory Flexibility Analysis 610 Review) Required: Yes. based meaningful metrics for rupture Agency Contact: Kathryn Shelton, Legal Authority: 33 U.S.C. 981 et seq. detection for gas and liquid Trial Attorney, Department of Abstract: The Saint Lawrence Seaway transmission pipelines. The overall Transportation, Federal Railroad Development Corporation (SLSDC) and intent is that rupture detection metrics Administration, 1200 New Jersey the St. Lawrence Seaway Management will be integrated with ASV and RCV Avenue SE., Washington, DC 20590, Corporation (SLSMC) of Canada, under placement with the objective of Phone: 202 493–6063, Email: international agreement, jointly publish improving overall incident response. [email protected]. and currently administer the St. Rupture response metrics would focus RIN: 2130–AC48 Lawrence Seaway Regulations and on mitigating large, unsafe, uncontrolled BILLING CODE 4910–06–P Rules (Practices and Procedures in release events that have a greater Canada) in their respective jurisdictions. potential consequence. The areas Under agreement with the SLSMC, the proposed to be covered include High SLSDC is amending the joint regulations Consequence Areas (HCA) for hazardous DEPARTMENT OF TRANSPORTATION by updating the Seaway Regulations and liquids and HCA, Class 3 and 4 for (DOT) Rules in various categories. The changes natural gas (including could affect Saint Lawrence Seaway Development will update the following sections of the areas). Corporation (SLSDC) Regulations and Rules: Condition of Timetable: Vessels; Preclearance and Security for Completed Actions Tolls; Tolls Assessment and Payment; Action Date FR Cite • Seaway Navigation; Dangerous Cargo; 215. Tariff of Tolls (Rulemaking NPRM ...... 09/00/16 Resulting From a Section 610 Review) Toll Assessment and Payment; and, Information and Reports. These Regulatory Flexibility Analysis Legal Authority: 33 U.S.C. 981 et seq. amendments are necessary to take Abstract: The Saint Lawrence Seaway Required: Yes. account of updated procedures and will Development Corporation (SLSDC) and Agency Contact: Lawrence White, enhance the safety of transits through the St. Lawrence Seaway Management Attorney-Advisor, Department of the Seaway. Several of the amendments Corporation (SLSMC) of Canada, under Transportation, Pipeline and Hazardous are merely editorial or for clarification international agreement, jointly publish Materials Safety Administration, 400 of existing requirements. and currently administer the St. Seventh Street SW., Washington, DC Lawrence Seaway Tariff of Tolls in their Timetable: 20590, Phone: 202 366–4400, Fax: 292 respective jurisdictions. The tariff sets 366–7041. Action Date FR Cite forth the level of tolls assessed on all RIN: 2137–AF06 commodities and vessels transiting the NPRM ...... 02/05/16 81 FR 6198 218. +Hazardous Materials: Oil Spill facilities operated by the SLSDC and the NPRM Comment 03/07/16 Response Plans and Information SLSMC. The SLSDC is revising its Period End. Sharing for High-Hazard Flammable regulations to reflect the fees and Final Rule ...... 03/15/16 81 FR 13744 Trains charges levied by the SLSMC in Canada Final Rule Effec- 03/21/16 starting in the 2006 navigation season, tive. Legal Authority: 33 U.S.C. 1321; 49 which are effective only in Canada. An U.S.C. 5101 et seq. amendment to increase the minimum Regulatory Flexibility Analysis Abstract: This rulemaking, developed charge per lock for those vessels that are Required: No. in consultation with the Federal not pleasure craft or subject in Canada Agency Contact: Carrie Lavigne, Railroad Administration, would revise to tolls under items 1 and 2 of the tariff Department of Transportation, Saint PHMSA’s regulations to expand the for full or partial transit of the Seaway Lawrence Seaway Development applicability of comprehensive oil spill will apply in the U.S. (See Corporation, 1200 New Jersey Avenue response plans (OSRPs) based on Supplementary Information.) SE., Washington, DC 20590, Phone: 315 thresholds of liquid petroleum oil that Timetable: 764–3231, Email: [email protected]. apply to an entire train. We are also
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proposing to revise the format and Transportation Safety Board (NTSB) Action Date FR Cite clarify requirements of a comprehensive issued its accident investigation report OSRP and to require railroads to share on the Marshall, Michigan, accident. In NPRM ...... 05/21/15 80 FR 29263 information about high-hazard this rulemaking action, PHMSA is NPRM Comment 07/31/15 flammable train operations with state amending the Pipeline Safety Period End. and tribal emergency response Regulations to improve protection of the Final Rule ...... 10/00/16 organizations (i.e., State Emergency public, property, and the environment Response Commissions and Tribal by closing regulatory gaps where Regulatory Flexibility Analysis Emergency Response Commissions) to appropriate, and ensuring that operators Required: Yes. improve community preparedness. are increasing the detection and Agency Contact: Cameron H. Lastly, PHMSA is proposing an update remediation of unsafe conditions, and Satterthwaite, Transportation to boiling point testing procedures to mitigating the adverse effects of Regulations Specialist, Department of provide regulatory flexibility and hazardous liquid pipeline failures. Transportation, Pipeline and Hazardous promotes enhanced safety in transport Timetable: Materials Safety Administration, 1200 through accurate packing group New Jersey Avenue SE., Washington, assignment. Action Date FR Cite DC 20590, Phone: 202–366–8553, Email: Timetable: [email protected]. ANPRM ...... 10/18/10 75 FR 63774 RIN: 2137–AE93 Action Date FR Cite Comment Period 01/04/11 76 FR 303 Extended. 221. Pipeline Safety: Operator ANPRM ...... 08/01/14 79 FR 45079 ANPRM Comment 01/18/11 Qualification, Cost Recovery, Accident ANPRM Comment 09/30/14 Period End. and Incident Notification, and Other Period End. Extended Com- 02/18/11 Changes (RRR) NPRM ...... 05/00/16 ment Period End. Legal Authority: 49 U.S.C. 60101 et Regulatory Flexibility Analysis NPRM ...... 10/13/15 80 FR 61610 seq. Required: Yes. NPRM Comment 01/08/16 Abstract: PHMSA is amending the Agency Contact: Victoria Lehman, Period End. pipeline safety regulations to address Final Rule ...... 10/00/16 Transportation Specialist, Department requirements of the Pipeline Safety, of Transportation, Pipeline and Regulatory Certainty, and Job Creation Regulatory Flexibility Analysis Act of 2011 (2011 Act), and to update Hazardous Materials Safety Required: Yes. Administration, 1200 New Jersey and clarify certain regulatory Agency Contact: John A. Gale, requirements. Under the 2011 Act, Avenue SE., Washington, DC 20590, Transportation Regulations Specialist, Phone: 202 366–8553, Email: PHMSA is adding a specific time frame Department of Transportation, Pipeline for telephonic or electronic notifications [email protected]. and Hazardous Materials Safety RIN: 2137–AF08 of accidents and incidents and adding Administration, 1200 New Jersey provisions for cost recovery for design Avenue SE., Washington, DC 20590, reviews of certain new projects. Among Phone: 202–366–0434, Email: other provisions, PHMSA is adding a DEPARTMENT OF TRANSPORTATION [email protected]. procedure for renewal of expiring (DOT) RIN: 2137–AE66 special permits, and for submitters of Pipeline and Hazardous Materials 220. Pipeline Safety: Issues Related to information requesting PHMSA to keep Safety Administration (PHMSA) the Use of Plastic Pipe in Gas Pipeline some information confidential. In Industry (RRR) addition, PHMSA is amending the Final Rule Stage operator qualification (OQ) Legal Authority: 49 U.S.C. 60101 et requirements, drug and alcohol testing 219. +Pipeline Safety: Safety of seq. requirements, and incorporating Hazardous Liquid Pipelines Abstract: In this rule, PHMSA is consensus standards by reference for in- Legal Authority: 49 U.S.C. 60101 et amending the natural and other gas line inspection (ILI) and Stress seq. pipeline safety regulations (49 CFR part Corrosion Cracking Direct Assessment Abstract: In recent years, there have 192) to address regulatory requirements (SCCDA). been significant hazardous liquid involving plastic piping systems used in pipeline accidents, most notably the gas services. These amendments are Timetable: 2010 crude oil spill near Marshall, intended to correct errors, address Action Date FR Cite Michigan, during which almost one inconsistencies, and respond to million gallons of crude oil were spilled petitions for rulemaking. The NPRM ...... 07/10/15 80 FR 39916 into the Kalamazoo River. In response to requirements in several subject matter NPRM Comment 09/08/15 accident investigation findings, incident areas are affected, including Period End. report data and trends, and stakeholder incorporation of tracking and Final Rule ...... 10/00/16 input, PHMSA published a Notice of traceability provisions; design factor for Proposed Rulemaking (NPRM) in the polyethylene (PE) pipe; more stringent Regulatory Flexibility Analysis Federal Register on October 13, 2015. mechanical fitting requirements; Required: Yes. Previously, Congress had enacted the updated and additional regulations for Agency Contact: John A. Gale, Pipeline Safety, Regulatory Certainty, risers; expanded use of Polyamide-11 Transportation Regulations Specialist, and Job Creation Act that included (PA–11) thermoplastic pipe; Department of Transportation, Pipeline several provisions that are relevant to incorporation of newer Polyamide-12 and Hazardous Materials Safety the regulation of hazardous liquid (PA–12) thermoplastic pipe; and Administration, 1200 New Jersey pipelines. Shortly after the Pipeline incorporation of updated and additional Avenue SE., Washington, DC 20590, Safety, Regulatory Certainty, and Job standards for fittings. Phone: 202–366–0434, Email: Creation Act was passed, the National Timetable: [email protected].
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RIN: 2137–AE94 Abstract: This rulemaking would Regulatory Flexibility Analysis BILLING CODE 4910–60–P revise and clarify the cargo preference Required: Yes. regulations that have not been revised Agency Contact: Mitch Hudson, substantially since 1971. The Attorney, Department of Transportation, rulemaking would also implement Maritime Administration, 1200 New DEPARTMENT OF TRANSPORTATION statutory changes, including section Jersey Avenue SE., Washington, DC (DOT) 3511, Public Law 110–417, of The 20590, Phone: 202 366–9373, Email: Maritime Administration (MARAD) National Defense Authorization Act for FY 2009, which provides enforcement [email protected]. Proposed Rule Stage authority. RIN: 2133–AB74 Timetable: 222. +Cargo Preference BILLING CODE 4910–81–P Legal Authority: 49 CFR 1.66; 46 app Action Date FR Cite [FR Doc. 2016–12913 Filed 6–8–16; 8:45 am] BILLING CODE 4910–81–P U.S.C. 1101; 46 app U.S.C. 1241; 46 NPRM ...... 05/00/16 U.S.C. 2302 (e)(1); Pub. L. 91–469
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Part XV
Department of the Treasury
Semiannual Regulatory Agenda
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DEPARTMENT OF THE TREASURY issued or expects to issue and rules they are likely to have a significant currently in effect that are under economic impact on a substantial 31 CFR Subtitles A and B departmental or bureau review. number of small entities; and (2) Rules that have been identified for Semiannual Agenda Beginning with the fall 2007 edition, the Internet has been the primary periodic review under section 610 of the AGENCY: Department of the Treasury. medium for disseminating the Unified Regulatory Flexibility Act. Printing of these entries is limited to ACTION: Semiannual regulatory agenda. Agenda. The complete Unified Agenda will be available online at fields that contain information required SUMMARY: This notice is given pursuant www.reginfo.gov and by the Regulatory Flexibility Act’s to the requirements of the Regulatory www.regulations.gov, in a format that Agenda requirements. Additional Flexibility Act and Executive Order offers users an enhanced ability to information on these entries is available 12866 (‘‘Regulatory Planning and obtain information from the Agenda in the Unified Agenda available on the Review’’), which require the publication database. Because publication in the Internet. by the Department of a semiannual Federal Register is mandated for the The semiannual agenda of the agenda of regulations. regulatory flexibility agenda required by Department of the Treasury conforms to FOR FURTHER INFORMATION CONTACT: The the Regulatory Flexibility Act (5 U.S.C. the Unified Agenda format developed Agency contact identified in the item 602), Treasury’s printed agenda entries by the Regulatory Information Service relating to that regulation. include only: Center (RISC). SUPPLEMENTARY INFORMATION: The (1) Rules that are in the regulatory Brian J. Sonfield, semiannual regulatory agenda includes flexibility agenda, in accordance with Deputy Assistant General Counsel for General regulations that the Department has the Regulatory Flexibility Act, because Law and Regulation.
FINANCIAL CRIMES ENFORCEMENT NETWORK—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
223 ...... Financial Crimes Enforcement Network: Customer Due Diligence Requirements for Financial Institutions .. 1506–AB25
CUSTOMS REVENUE FUNCTION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
224 ...... Mandated use of the Automated Commercial Environment for Submission of International Trade Data 1515–AE06 System Agency Information Accompanying Electronic Entry/Entry Summary (Cargo Release and Re- lated Entry).
INTERNAL REVENUE SERVICE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
225 ...... Deemed Distributions Under Section 305(c) of Stock and Rights to Acquire Stock ...... 1545–BN07
INTERNAL REVENUE SERVICE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
226 ...... Issue Price Definition for Tax-Exempt Bonds ...... 1545–BM46
DEPARTMENT OF THE TREASURY Federal supervisory authorities, is Reason Date FR Cite (TREAS) proposing rules under the Bank Secrecy Act to clarify and strengthen customer Final Action ...... 05/11/16 81 FR 29398 Financial Crimes Enforcement Network due diligence requirements for: (i) Final Action Effec- 05/11/16 (FINCEN) Banks; (ii) brokers or dealers in tive. Completed Actions securities; (iii) mutual funds; and (iv) futures commission merchants and 223. Financial Crimes Enforcement Regulatory Flexibility Analysis introducing brokers in commodities. Network: Customer Due Diligence Required: Yes. The proposed rules would contain Requirements for Financial Institutions Agency Contact: Michael Vallely, explicit customer due diligence Phone: 703 905–3851, Email: Legal Authority: 31 U.S.C. 5311 to requirements and would include a new [email protected]. 5314; 12 U.S.C. 1829(b) requirement to identify beneficial Abstract: The Financial Crimes owners of legal entity customers, subject RIN: 1506–AB25 Enforcement Network (FinCEN), after to certain exemptions. BILLING CODE 4810–02–P consulting with staff from various Completed:
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DEPARTMENT OF THE TREASURY Timetable: Regulatory Flexibility Analysis (TREAS) Required: Yes. Action Date FR Cite Customs Revenue Function (CUSTOMS) Agency Contact: Maurice LaBrie, NPRM ...... 07/00/16 Attorney, Department of the Treasury, Proposed Rule Stage Internal Revenue Service, 1111 224. • Mandated Use of the Automated Regulatory Flexibility Analysis Constitution Ave. NW., Washington, DC Commercial Environment for Required: Yes. 20224, Phone: 202 317–5024. Submission of International Trade Data Agency Contact: Suzanne Kingsbury, RIN: 1545–BN07 System Agency Information Attorney, Regulations Branch, Accompanying Electronic Entry/Entry Department of the Treasury, Office of Regulations and Rulings, 1300 Summary (Cargo Release and Related DEPARTMENT OF THE TREASURY Pennsylvania Avenue NW., Washington, Entry) (TREAS) Legal Authority: Not Yet Determined DC 20229, Phone: 202 572–8763. Abstract: This document proposes to RIN: 1515–AE06 Internal Revenue Service (IRS) amend the U.S. Customs and Border BILLING CODE 9111–14–P Final Rule Stage Protection (CBP) regulations to reflect new requirements for filing in the 226. Issue Price Definition for Tax- Exempt Bonds Automated Commercial Environment DEPARTMENT OF THE TREASURY (ACE). Pursuant to the Security and (TREAS) Legal Authority: 26 U.S.C. 148(i); 26 Accountability for Every (SAFE) Port U.S.C. 7805 Act of 2006, CBP plans to implement Internal Revenue Service (IRS) Abstract: The final regulations define the International Trade Data System Proposed Rule Stage (ITDS) by making ACE the single issue price for purposes of the arbitrage window for processing of all entry and 225. • Deemed Distributions Under restrictions under section 148 of the entry summary data. CBP expects that Section 305(C) of Stock and Rights To Internal Revenue Code applicable to tax- making ACE the single window for trade Acquire Stock exempt bonds and other tax-advantaged bonds. processing will help CBP eliminate Legal Authority: 26 U.S.C. 7805 redundant information submissions, Abstract: Provide guidance on the Timetable: efficiently regulate the flow of amount and timing of distributions Action Date FR Cite commerce, and effectively enforce laws under section 305(c) and 305(b), and to and regulations relating to international clarify that deemed distributions caused NPRM ...... 06/24/15 80 FR 36301 trade, as mandated by the SAFE Port by changes in conversion ratios are NPRM Comment 09/22/15 Act of 2006. To realize the full benefit considered a distribution of additional Period End. of the single window, CBP proposes rights to acquire the underlying stock, Final Action ...... 09/00/16 new regulations that will require filers and not a distribution of the underlying submitting entry or entry summary data stock itself. Guidance is also provided to Regulatory Flexibility Analysis electronically in ACE also to file withholding agents regarding their Required: Yes. associated ITDS Agency data withholding obligations, and on Agency Contact: Lewis Bell, Tax electronically in ACE, subject to limited information reporting for such Attorney, Department of the Treasury, exceptions. This rule will make each distributions under sections 860G, 861, Internal Revenue Service, 1111 discrete entry or entry summary more 1441, 1461, 1471, 1473 and 6045B. Constitution Avenue NW., Washington, uniform, as each transaction will be Timetable: DC 20224, Phone: 202 317–4565, Fax: filed entirely in electronic format or 855 574–9028, Email: lewis.bell@ entirely in paper format. This will Action Date FR Cite irscounsel.treas.gov. enhance the ability of the U.S. Government to enforce the legal NPRM ...... 04/13/16 81 FR 21795 RIN: 1545–BM46 NPRM Comment 07/12/16 [FR Doc. 2016–12914 Filed 6–8–16; 8:45 am] requirements pertaining to those Period End. transactions. BILLING CODE 4810–01–P
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Part XVI
Architectural and Transportation Barriers Compliance Board
Semiannual Regulatory Agenda
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ARCHITECTURAL AND ACTION: Semiannual regulatory agenda. Board, 1331 F Street NW., Suite 1000, TRANSPORTATION BARRIERS Washington, DC 20004–1111. SUMMARY: The Architectural and COMPLIANCE BOARD Transportation Barriers Compliance FOR FURTHER INFORMATION CONTACT: For 36 CFR Ch. XI Board submits the following agenda of information concerning Board proposed regulatory activities which regulations and proposed actions, Unified Agenda of Federal Regulatory may be conducted by the agency during contact Gretchen Jacobs, General and Deregulatory Actions the next 12 months. This regulatory Counsel, (202) 272–0040 (voice) or (202) agenda may be revised by the agency 272–0062 (TTY). AGENCY: Architectural and during the coming months as a result of Gretchen Jacobs, Transportation Barriers Compliance action taken by the Board. Board. ADDRESSES: Architectural and General Counsel. Transportation Barriers Compliance
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
227 ...... Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way ...... 3014–AA26
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
228 ...... Americans With Disabilities Act (ADA) Accessibility Guidelines for Passenger Vessels ...... 3014–AA11
ARCHITECTURAL AND Action Date FR Cite ARCHITECTURAL AND TRANSPORTATION BARRIERS TRANSPORTATION BARRIERS COMPLIANCE BOARD (ATBCB) Notice of Intent to 08/12/99 64 FR 43980 COMPLIANCE BOARD (ATBCB) Form Advisory Final Rule Stage Committee. Long-Term Actions 227. Accessibility Guidelines for Notice of Appoint- 10/20/99 64 FR 56482 ment of Advi- 228. Americans With Disabilities Act Pedestrian Facilities in the Public sory Committee (ADA) Accessibility Guidelines for Right-of-Way Members. Passenger Vessels Availability of 06/17/02 67 FR 41206 Legal Authority: 42 U.S.C. 12204, Draft Guidelines. Legal Authority: 42 U.S.C. 12204, Americans With Disabilities Act; 29 Availability of 11/23/05 70 FR 70734 Americans with Disabilities Act of 1990 U.S.C. 792, Rehabilitation Act Draft Guidelines. Abstract: This rulemaking would Abstract: This rulemaking would NPRM ...... 07/26/11 76 FR 44664 establish accessibility guidelines to establish accessibility guidelines to NPRM Comment 11/23/11 ensure that newly constructed and ensure that sidewalks and pedestrian Period End. altered passenger vessels covered by the facilities in the public right-of-way are Notice Reopening 12/05/11 76 FR 75844 Americans with Disabilities Act (ADA) accessible to and usable by individuals Comment Pe- riod. are accessible to and usable by with disabilities. A Supplemental Reopening NPRM 02/02/12 individuals with disabilities. The U.S. Notice of Proposed Rulemaking Comment Pe- Department of Transportation and U.S. consolidated this rulemaking with RIN riod End. Department of Justice are expected to 3014–AA41; accessibility guidelines for Second NPRM .... 02/13/13 78 FR 10110 adopt the guidelines as enforceable shared use paths (which are multi-use Second NPRM 05/14/13 standards in separate rulemakings for paths designed primarily for use by Comment Pe- the construction and alteration of bicyclists and pedestrians—including riod End. passenger vessels covered by the ADA. Final Action ...... 10/00/16 persons with disabilities—for Timetable: transportation and recreation purposes). The U.S. Department of Justice, U.S. Regulatory Flexibility Analysis Action Date FR Cite Department of Transportation, and other Required: Yes. Federal agencies are expected to adopt Agency Contact: Gretchen Jacobs, Notice of Intent to 03/30/98 63 FR 15175 the accessibility guidelines for Establish Advi- General Counsel, Architectural and pedestrian facilities in the public right- sory Committee. of-way and for shared use paths, as Transportation Barriers Compliance Establishment of 08/12/98 63 FR 43136 enforceable standards in separate Board, 1331 F Street NW., Suite 1000, Advisory Com- rulemakings for the construction and Washington, DC 20004–1111, Phone: mittee. alteration of facilities covered by the 202 272–0040, TDD Phone: 202 272– Availability of 11/26/04 69 FR 69244 Draft Guidelines. Americans With Disabilities Act, section 0062, Fax: 202 272–0081, Email: ANPRM ...... 11/26/04 69 FR 69246 504 of the Rehabilitation Act, and the [email protected]. ANPRM Comment 03/22/05 70 FR 14435 Architectural Barriers Act. RIN: 3014–AA26 Period Ex- Timetable: tended.
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Action Date FR Cite Action Date FR Cite Agency Contact: Gretchen Jacobs, General Counsel, Architectural and ANPRM Comment 07/28/05 NPRM ...... 06/25/13 78 FR 38102 Transportation Barriers Compliance Period Ex- NPRM Comment 08/13/13 78 FR 49248 Board, 1331 F Street NW., Suite 1000, tended End. Period Ex- Washington, DC 20004–1111, Phone: Availability of 07/07/06 71 FR 38563 tended. Draft Guidelines. NPRM Comment 01/24/14 202 272–0040, TDD Phone: 202 272– Notice of Intent to 06/25/07 72 FR 34653 Period Ex- 0062, Fax: 202 272–0081, Email: Establish Advi- tended End. [email protected]. sory Committee. Final Action ...... 10/00/17 RIN: 3014–AA11 Establishment of 08/13/07 72 FR 45200 Advisory Com- Regulatory Flexibility Analysis [FR Doc. 2016–12919 Filed 6–8–16; 8:45 am] mittee. Required: Yes. BILLING CODE 8150–01–P
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Part XVII
Environmental Protection Agency
Semiannual Regulatory Agenda
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ENVIRONMENTAL PROTECTION a particular action, please get in touch comments on regulations that might be AGENCY with the agency contact listed in each appropriate for retrospective review. agenda entry. If you have general EPA’s Semiannual Regulatory Agenda 40 CFR Ch. I questions about the semiannual also includes information about rules [EPA–HQ–OA–2016–0203; EPA–HQ–OAR– regulatory agenda or retrospective that may have a significant economic 2016–0175; EPA–HQ–OPPT–2016–0126; review activity, please contact: Caryn impact on a substantial number of small EPA–HQ–OW–2015–0541; FRL 9944–15–OP] Muellerleile (muellerleile.caryn@ entities, and review of those regulations epa.gov; 202–564–2855). under the Regulatory Flexibility Act, as Spring 2016 Regulatory Agenda amended. Table of Contents AGENCY: Environmental Protection Within this document, EPA explains Agency. I. Introduction in greater detail the types of actions and A. EPA’s Regulatory Information ACTION: Semiannual regulatory information available in the Semiannual B. What key statutes and Executive Orders Regulatory Agenda, the opportunity to flexibility agenda and semiannual guide EPA’s rule and policymaking regulatory agenda. process? suggest regulations that may be C. How can you be involved in EPA’s rule appropriate for retrospective review, SUMMARY: The Environmental Protection and policymaking process? and actions that are currently Agency (EPA) publishes the semiannual II. Semiannual Regulatory Agenda undergoing review specifically for regulatory agenda online (the e-Agenda) A. What actions are included in the impacts on small entities. at http://www.reginfo.gov and at E-Agenda and the Regulatory Agenda? A. EPA’s Regulatory Information www.regulations.gov to update the B. How is the E-Agenda organized? public. This document contains C. What information is in the Regulatory ‘‘E-Agenda,’’ ‘‘online regulatory information about: Flexibility Agenda and the E-Agenda? agenda,’’ and ‘‘semiannual regulatory • Regulations in the semiannual D. How can you find out about agenda’’ all refer to the same rulemakings that start up after the regulatory agenda that are under Regulatory Agenda is signed? comprehensive collection of development, completed, or canceled E. What tools are available for mining information that, until 2007, was since the last agenda; Regulatory Agenda data and for finding published in the Federal Register but • Retrospective reviews of existing more about EPA rules and policies? now is only available through an online regulations; and III. Retrospective Review of Regulations database, at both www.reginfo.gov/ and • Reviews of regulations with small IV. Review of Regulations Under 610 of the www.regulations.gov. business impacts under Section 610 of Regulatory Flexibility Act ‘‘Regulatory Flexibility Agenda’’ the Regulatory Flexibility Act. A. Reviews of Rules With Significant refers to a document that contains DATES: Comments must be received on Impacts on a Substantial Number of information about regulations that may or before July 11, 2016. Small Entities B. What other special attention does EPA have a significant impact on a ADDRESSES: Submit your comments, give to the impacts of rules on small substantial number of small entities. We identified by the appropriate Docket ID businesses, small governments, and continue to publish it in the Federal No. EPA–HQ–OA–2016–0203; EPA– small nonprofit organizations? Register pursuant to the Regulatory HQ–OAR–2016–0175; EPA–HQ–OPPT– V. Thank You for Collaborating With Us Flexibility Act of 1980. This document 2016–0126, to the Federal eRulemaking SUPPLEMENTARY INFORMATION: is available at http://www.gpo.gov/ Portal: http://www.regulations.gov. fdsys/search/home.action. Follow the online instructions for I. Introduction ‘‘Unified Regulatory Agenda’’ refers to submitting comments. Once submitted, EPA is committed to a regulatory the collection of all agencies’ agendas comments cannot be edited or strategy that effectively achieves the with an introduction prepared by the withdrawn. The EPA may publish any Agency’s mission of protecting the Regulatory Information Service Center comment received to its public docket. environment and the health, welfare, facilitated by the General Service Do not submit electronically any and safety of Americans while also Administration. information you consider to be supporting economic growth, job ‘‘Regulatory Agenda Preamble’’ refers Confidential Business Information (CBI) creation, competitiveness, and to the document you are reading now. or other information whose disclosure is innovation. EPA publishes the It appears as part of the Regulatory restricted by statute. Multimedia Semiannual Regulatory Agenda to Flexibility Agenda and introduces both submissions (audio, video, etc.) must be update the public about regulatory the Regulatory Flexibility Agenda and accompanied by a written comment. activity undertaken in support of this the e-Agenda. The written comment is considered the mission. Within the Semiannual ‘‘Regulatory Development and official comment and should include Regulatory Agenda, EPA provides notice Retrospective Review Tracker’’ refers to discussion of all points you wish to of our plans to review, propose, and an online portal to EPA’s priority rules make. The EPA will generally not issue regulations. and retrospective reviews of existing consider comments or comment In 2016, EPA is also reviewing its regulations. This portal is available at contents located outside of the primary Final Plan for Periodic Retrospective www.epa.gov/regdarrt/. submission (i.e. on the web, cloud, or Reviews of Existing Regulations, which ‘‘Retrospective Review Plan’’ is EPA’s other file sharing system). For was issued in 2011. Under Executive plan under Executive Orders 13563 and additional submission methods, the full Order 13563, EPA committed to 13610 to periodically review existing EPA public comment policy, periodically review existing regulations regulations to determine whether any information about CBI or multimedia to determine whether any may be may be modified, streamlined, submissions, and general guidance on modified, streamlined, expanded, or expanded, or repealed in order to make making effective comments, please visit repealed in order to make the agency’s the agency’s regulatory program more https://www.epa.gov/dockets/ regulatory program more effective or effective or less burdensome in commenting-epa-dockets. less burdensome in achieving our achieving the regulatory objectives. This FOR FURTHER INFORMATION CONTACT: If regulatory objectives. Consistent with Plan and subsequent progress updates you have questions or comments about our 2011 plan, EPA is again soliciting are available at https://www.epa.gov/
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laws-regulations/retrospective-review- existing regulations under Executive to States; area designations for air history. Order 13563, ‘‘Improving Regulation quality planning purposes; ‘‘610 Review’’ is an action EPA is and Regulatory Review’’ and Executive • Under FIFRA: Registration-related committed to reviewing within ten years Order 13610, ‘‘Identifying and Reducing decisions, actions affecting the status of of promulgating a final rule that has or Regulatory Burdens.’’ These Executive currently registered pesticides, and data may have a significant economic impact Orders provide for periodic call-ins; on a substantial number of small retrospective review of existing • Under the Federal Food, Drug, and entities. EPA maintains a list of these regulations and are intended to Cosmetic Act: Actions regarding actions at https://www.epa.gov/reg-flex/ determine whether any such regulations pesticide tolerances and food additive section-610-reviews. should be modified, streamlined, regulations; • B. What key statutes and Executive expanded, or repealed, so as to make the Under RCRA: Authorization of State Orders guide EPA’s rule and Agency’s regulatory program more solid waste management plans; policymaking process? effective or less burdensome in hazardous waste delisting petitions; achieving its regulatory objectives. • Under the CWA: State Water A number of environmental laws Quality Standards; deletions from the authorize EPA’s actions, including but C. How can you be involved in EPA’s rule and policymaking process? section 307(a) list of toxic pollutants; not limited to: suspensions of toxic testing • Clean Air Act (CAA), You can make your voice heard by • requirements under the National Clean Water Act (CWA), getting in touch with the contact person Pollutant Discharge Elimination System • Comprehensive Environmental provided in each agenda entry. EPA (NPDES); delegations of NPDES Response, Compensation, and Liability encourages you to participate as early in authority to States; Act (CERCLA, or Superfund), • the process as possible. You may also • Under SDWA: Actions on State Emergency Planning and participate by commenting on proposed Community Right-to-Know Act underground injection control rules published in the Federal Register programs. (EPCRA), (FR). • Federal Insecticide, Fungicide, and Meanwhile, the Regulatory Flexibility Instructions on how to submit your Agenda includes: Rodenticide Act (FIFRA), comments are provided in each Notice • • Resource Conservation and Actions likely to have a significant of Proposed Rulemaking (NPRM). To be economic impact on a substantial Recovery Act (RCRA), most effective, comments should • Safe Drinking Water Act (SDWA), number of small entities. contain information and data that and • Rules the Agency has identified for support your position and you also • Toxic Substances Control Act periodic review under section 610 of the should explain why EPA should (TSCA). RFA. Not only must EPA comply with incorporate your suggestion in the rule EPA is initiating two 610 reviews at environmental laws, but also or other type of action. You can be this time and completing one 610 administrative legal requirements that particularly helpful and persuasive if review. you provide examples to illustrate your apply to the issuance of regulations, B. How is the E-Agenda organized? such as: The Administrative Procedure concerns and offer specific alternatives. EPA believes its actions will be more Act (APA), the Regulatory Flexibility You can choose how to organize the cost effective and protective if the Act (RFA) as amended by the Small agenda entries online by specifying the development process includes Business Regulatory Enforcement characteristics of the entries of interest stakeholders working with us to help Fairness Act (SBREFA), the Unfunded in the desired individual data fields for identify the most practical and effective Mandates Reform Act (UMRA), the both the www.reginfo.gov and solutions to problems. EPA encourages Paperwork Reduction Act (PRA), the www.regulations.gov versions of the e- you to become involved in its rule and National Technology Transfer and Agenda. You can sort based on the policymaking process. For more Advancement Act (NTTAA), and the following characteristics: EPA information about public involvement Congressional Review Act (CRA). subagency; stage of rulemaking, which EPA also meets a number of in EPA activities, please visit is explained below; alphabetically by requirements contained in numerous www.epa.gov/open. title; and by the Regulation Identifier Executive Orders: 12866, ‘‘Regulatory II. Semiannual Regulatory Agenda Number (RIN), which is assigned Planning and Review’’ (58 FR 51735, sequentially when an action is added to Oct. 4, 1993), as supplemented by A. What actions are included in the E- the agenda. Executive Order 13563, ‘‘Improving Agenda and the Regulatory Flexibility Each entry in the Agenda is associated Regulation and Regulatory Review’’ (76 Agenda? with one of five rulemaking stages. The FR 3821, Jan. 21, 2011); 12898, EPA includes regulations in the e- rulemaking stages are: ‘‘Environmental Justice’’ (59 FR 7629, Agenda. However, there is no legal 1. Prerule Stage—This section Feb. 16, 1994); 13045, ‘‘Children’s significance to the omission of an item includes EPA actions generally intended Health Protection’’ (62 FR 19885, Apr. from the agenda, and EPA generally to determine whether the agency should 23, 1997); 13132, ‘‘Federalism’’ (64 FR does not include the following initiate rulemaking. Prerulemakings 43255, Aug. 10, 1999); 13175, categories of actions: may include anything that influences or ‘‘Consultation and Coordination with • Administrative actions such as leads to rulemaking, such as Advance Indian Tribal Governments’’ (65 FR delegations of authority, changes of Notices of Proposed Rulemaking 67249, Nov. 9, 2000); 13211, ‘‘Actions address, or phone numbers; (ANPRMs), studies, or analyses of the Concerning Regulations That • Under the CAA: Revisions to State possible need for regulatory action. Significantly Affect Energy Supply, implementation plans; equivalent 2. Proposed Rule Stage—This section Distribution, or Use’’ (66 FR 28355, May methods for ambient air quality includes EPA rulemaking actions that 22, 2001). monitoring; deletions from the new are within a year of proposal In addition to meeting its mission source performance standards source (publication of Notices of Proposed goals and priorities, EPA reviews its categories list; delegations of authority Rulemakings [NPRMs]).
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3. Final Rule Stage—This section 3. Raise novel legal or policy issues for the regulatory action. A date includes rules that will be issued as a arising out of legal mandates, the displayed in the form 10/00/16 means final rule within a year. President’s priorities, or the principles the agency is predicting the month and 4. Long-Term Actions—This section in Executive Order 12866. year the action will take place but not includes rulemakings for which the next c. Substantive, Nonsignificant: A the day it will occur. For some entries, scheduled regulatory action is after rulemaking that has substantive impacts the timetable indicates that the date of April 2017. We urge you to explore but is not Significant, Routine and the next action is ‘‘to be determined.’’ becoming involved even if an action is Frequent, or Informational/ Regulatory Flexibility Analysis listed in the Long-Term category. Administrative/Other. Required: Indicates whether EPA has 5. Completed Actions—This section d. Routine and Frequent: A prepared or anticipates that it will be contains actions that have been rulemaking that is a specific case of a preparing a regulatory flexibility promulgated and published in the recurring application of a regulatory analysis under section 603 or 604 of the Federal Register since publication of program in the Code of Federal RFA. Generally, such an analysis is the fall 2015 Agenda. It also includes Regulations (e.g., certain State required for proposed or final rules actions that EPA is no longer Implementation Plans, National Priority subject to the RFA that EPA believes considering and has elected to List updates, Significant New Use Rules, may have a significant economic impact ‘‘withdraw.’’ EPA also announces the State Hazardous Waste Management on a substantial number of small results of any RFA section 610 review Program actions, and Tolerance entities. in this section of the agenda. Exemptions). If an action that would Small Entities Affected: Indicates normally be classified Routine and whether the rule is anticipated to have C. What information is in the Regulatory Frequent is reviewed by the Office of any effect on small businesses, small Flexibility Agenda and the E-Agenda? Management and Budget under governments, or small nonprofit The Regulatory Flexibility Agenda Executive Order 12866, then we would organizations. entries include only the nine categories classify the action as either Government Levels Affected: Indicates of information that are required by the ‘‘Economically Significant’’ or ‘‘Other whether the rule may have any effect on Regulatory Flexibility Act of 1980 and Significant.’’ levels of government and, if so, whether by Federal Register Agenda printing e. Informational/Administrative/ the governments are State, local, tribal, requirements: Sequence Number, RIN, Other: An action that is primarily or Federal. Title, Description, Statutory Authority, informational or pertains to an action Federalism Implications: Indicates Section 610 Review, if applicable, outside the scope of Executive Order whether the action is expected to have Regulatory Flexibility Analysis 12866. substantial direct effects on the States, Required, Schedule, and Contact Major: A rule is ‘‘major’’ under 5 on the relationship between the national Person. Note that the electronic version U.S.C. 801 if it has resulted or is likely Government and the States, or on the of the Agenda (e-Agenda) has more to result in an annual effect on the distribution of power and extensive information on each of these economy of $100 million or more or responsibilities among the various actions. meets other criteria specified in that levels of government. E-Agenda entries include: Act. Energy Impacts: Indicates whether the Unfunded Mandates: Whether the action is a significant energy action Title: A brief description of the rule is covered by section 202 of the under Executive Order 13211. subject of the regulation. The notation Unfunded Mandates Reform Act (2 Sectors Affected: Indicates the main ‘‘Section 610 Review’’ follows the title U.S.C. 1501 et seq.). The Act generally economic sectors regulated by the if we are reviewing the rule as part of requires that federal agencies prepare a action. The regulated parties are our periodic review of existing rules written statement, including a cost- identified by their North American under section 610 of the RFA (5 U.S.C. benefit analysis, for each proposed and Industry Classification System (NAICS) 610). final rule with ‘‘federal mandates’’ that codes. These codes were created by the Priority: Entries are placed into one of may result in expenditures by State, Census Bureau for collecting, analyzing, five categories described below. local, and tribal governments, in the and publishing statistical data on the a. Economically Significant: Under aggregate, or by the private sector of U.S. economy. There are more than Executive Order 12866, a rulemaking more than $100 million in 1 year. 1,000 NAICS codes for sectors in that may have an annual effect on the Legal Authority: The sections of the agriculture, mining, manufacturing, economy of $100 million or more, or United States Code (U.S.C.), Public Law services, and public administration. adversely affect in a material way the (Pub. L.), Executive Order (EO), or International Trade Impacts: Indicates economy, a sector of the economy, common name of the law that whether the action is likely to have productivity, competition, jobs, the authorizes the regulatory action. international trade or investment effects, environment, public health or safety, or CFR Citation: The sections of the or otherwise be of international interest. State, local, or tribal governments or Code of Federal Regulations that would Agency Contact: The name, address, communities. be affected by the action. phone number, and email address, if b. Other Significant: A rulemaking Legal Deadline: An indication of available, of a person who is that is not economically significant but whether the rule is subject to a statutory knowledgeable about the regulation. is considered significant for other or judicial deadline, the date of that Additional Information: Other reasons. This category includes rules deadline, and whether the deadline information about the action including that may: pertains to a Notice of Proposed docket information. 1. Create a serious inconsistency or Rulemaking, a Final Action, or some URLs: For some actions, the Internet otherwise interfere with an action taken other action. addresses are included for reading or planned by another agency; Abstract: A brief description of the copies of rulemaking documents, 2. Materially alter the budgetary problem the action will address. submitting comments on proposals, and impact of entitlements, grants, user fees, Timetable: The dates and citations (if getting more information about the or loan programs, or the rights and available) for all past steps and a rulemaking and the program of which it obligations of recipients; or projected date for at least the next step is a part. (Note: To submit comments on
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proposals, you can go to the associated such as Federal Register documents might be appropriate for retrospective electronic docket, which is housed at seeking public comments on draft review. We are requesting comment on www.regulations.gov. Once there, follow guidance, policy statements, rules that were finalized more than 5 the online instructions to access the information collection requests under years ago and that have not already been docket in question and submit the PRA, and other non-rule activities. identified for review under the 2011 comments. A docket identification [ID] Docket information should be in that Final Plan or subsequent updates to that number will assist in the search for action’s agenda entry. All of EPA’s Plan. In addition, we are specifically materials.) public dockets can be located at soliciting comments on the following RIN: The Regulation Identifier www.regulations.gov. questions: Number is used by OMB to identify and • Which regulations could be track rulemakings. The first four digits 4. EPA’s Regulatory Development and updated to be less burdensome for small of the RIN identify the EPA office with Retrospective Review Tracker businesses and/or state and local lead responsibility for developing the EPA’s Regulatory Development and governments while maintaining action. Retrospective Review Tracker environmental protection? (www.epa.gov/regdarrt/) serves as a • Which regulations, including D. How can you find out about portal to EPA’s priority rules, providing economically significant rules, could be rulemakings that start up after the you with earlier and more frequently transitioned from paper to electronic Regulatory Agenda is signed? updated information about Agency reporting? EPA posts monthly information of regulations than is provided by the • How can the EPA reduce new rulemakings that the Agency’s Regulatory Agenda. Not all of EPA’s duplicative reporting requirements in senior managers have decided to Regulatory Agenda entries appear on existing regulations that may overlap develop. This list is also distributed via Reg DaRRT; only priority rulemakings with other federal requirements? email. You can find the current list, can be found on this Web site. • How can the EPA streamline or known as the Action Initiation List This Web site also provides consolidate reporting requirements to (AIL), at http://www.epa.gov/laws- information about EPA’s retrospective reduce burden, including reducing the regulations/actions-initiated-month reviews of existing regulations and frequency of reporting, while where you will also find information semiannual progress reports on those maintaining effective programs? about how to get an email notification reviews. • Which regulations could be when a new list is posted. improved through the use of advance III. Retrospective Review of monitoring techniques to facilitate E. What tools are available for mining Regulations environmental protection? Regulatory Agenda data and for finding Recognizing the importance of • Are there changes that could be more about EPA rules, policies, and reducing unnecessary red tape, made to a regulation to better protect retrospective review? Executive Order 13563 requires agencies vulnerable populations? • 1. The http://www.reginfo.gov/ to develop a plan to periodically review Which regulations (or a portion of Searchable Database its regulations to determine whether any a regulation) have achieved their should be modified, streamlined, original objective and become obsolete? The Regulatory Information Service We request that commenters be as Center and Office of Information and expanded, or repealed to make the agency’s regulatory program more specific as possible, include any Regulatory Affairs have a Federal supporting data or other information, regulatory dashboard that allows users effective or less burdensome in achieving the regulatory objectives. and provide a citation when referencing to view the Regulatory Agenda database a specific regulation. In addition, in (http://www.reginfo.gov/public/do/ Executive Order 13610 requires agencies to give priority to those initiatives that drafting comments, bear in mind that eAgendaMain), which includes search, the EPA must uphold both its legal display, and data transmission options. will produce significant monetary savings or reductions in paperwork obligations under governing statutes and 2. Subject Matter EPA Web Sites burdens while protecting public health, its mission to protect human health and the environment; and that the EPA’s Some actions listed in the Agenda welfare, safety, and our environment, include a URL that provides additional and puts particular emphasis on retrospective review will be tailored to information about the action. initiatives that would reduce unjustified reflect its resources, rulemaking regulatory burdens or simplify or schedule, and workload. 3. Public Dockets harmonize regulatory requirements on The EPA is accepting comments until When EPA publishes either an small businesses. July 11, 2016. Please send retrospective Advance Notice of Proposed In August 2011, EPA issued its Final review comments to docket EPA–HQ– Rulemaking (ANPRM) or a Notice of Plan for Periodic Retrospective Reviews OA–2016–0203. Although the agency Proposed Rulemaking (NPRM) in the of Existing Regulations (http:// will not respond to individual Federal Register, the Agency typically www.epa.gov/regdarrt/). This Plan was comments, the EPA values and will give establishes a docket to accumulate developed after extensive public careful consideration to all input that it materials throughout the development outreach that sought input on an agency receives. Please see https:// process for that rulemaking. The docket plan for retrospective review, as well as www.epa.gov/regdarrt/retrospective/ serves as the repository for the on possible reforms to modify, history.html for additional information collection of documents or information streamline, expand or repeal existing and updates. related to a particular Agency action or regulations. As part of our 2011 Final IV. Review of Regulations Under 610 of activity. EPA most commonly uses Plan, the EPA committed to soliciting the Regulatory Flexibility Act dockets for rulemaking actions, but comments on what the public dockets may also be used for RFA recommends for review as well as to A. Reviews of Rules With Significant section 610 reviews of rules with evaluating the first review period. Impacts on a Substantial Number of significant economic impacts on a Consistent with the Executive Orders Small Entities substantial number of small entities and and with our 2011 Plan, EPA is again Section 610 of the RFA requires that for various non-rulemaking activities, soliciting comments on regulations that an agency review, within 10 years of
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promulgation, each rule that has or will a substantial number of small entities. reviews and concluding a third 610 have a significant economic impact on At this time, EPA is initiating two 610 review.
Review title RIN Docket ID # Status
610 Review of Control of Hazardous Air Pollutants From Mobile Sources ...... 2060–AS88 EPA–HQ–OAR–2016– New. 0175 Section 610 Review of Lead-Based Paint Activities; Training and Certification for 2070–AK17 EPA–HQ–OPPT–2016– New. Renovation and Remodeling Section 402(c)(3). 0126 Section 610 Review of National Primary Drinking Water Regulations: Ground 2040–AF58 EPA–HQ–OW–2015–0541 Completed. Water Rule.
EPA established official public EPA public comment policy, (proposed rule stage), and prepare a dockets for the new 610 Reviews. If you information about CBI or multimedia Small Entity Compliance Guide (final would like to provide feedback, submit submissions, and general guidance on rule stage) unless the Agency certifies a your comments, identified by Docket ID making effective comments, please visit rule will not have a significant No. EPA–HQ–OAR–2016–0175 or EPA– http://www.epa.gov/dockets/ economic impact on a substantial HQ–OPPT–2016–0126, to the Federal commenting-epa-dockets. EPA is no number of small entities. For more eRulemaking Portal: http:// longer accepting comment on the detailed information about the Agency’s www.regulations.gov. Follow the online Section 610 Review of National Primary policy and practice with respect to instructions for submitting comments. Drinking Water Regulations: Ground implementing RFA/SBREFA, please Once submitted, comments cannot be Water Rule. visit EPA’s RFA/SBREFA Web site at www.epa.gov/reg-flex. edited or withdrawn. The EPA may B. What other special attention does publish any comment received to its EPA give to the impacts of rules on V. Thank You for Collaborating With public docket. Do not submit small businesses, small governments, Us electronically any information you and small nonprofit organizations? consider to be Confidential Business Finally, we would like to thank those Information (CBI) or other information For each of EPA’s rulemakings, of you who choose to join with us in whose disclosure is restricted by statute. consideration is given to whether there making progress on the complex issues Multimedia submissions (audio, video, will be any adverse impact on any small involved in protecting human health etc.) must be accompanied by a written entity. EPA attempts to fit the regulatory and the environment. Collaborative comment. The written comment is requirements, to the extent feasible, to efforts such as EPA’s open rulemaking considered the official comment and the scale of the businesses, process are a valuable tool for should include discussion of all points organizations, and governmental addressing the problems we face, and you wish to make. The EPA generally jurisdictions subject to the regulation. the regulatory agenda is an important will not consider comments or comment Under RFA as amended by SBREFA, part of that process. contents located outside of the primary the Agency must prepare a formal Dated: March 18, 2016. submission (i.e. on the Web, cloud, or analysis of the potential negative Shannon Kenny, other file sharing system). For impacts on small entities, convene a Principal Deputy Associate Administrator, additional submission methods, the full Small Business Advocacy Review Panel Office of Policy.
10—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
229 ...... Section 610 Review of Control of Hazardous Air Pollutants From Mobile Sources (Section 610 Review) .. 2060–AS88
10—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
230 ...... Modernization of the Accidental Release Prevention Regulations Under Clean Air Act ...... 2050–AG82 231 ...... General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Coun- 2060–AR98 try for Six Source Categories. 232 ...... Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Ve- 2060–AS16 hicles—Phase 2. 233 ...... Oil and Natural Gas Sector: Emission Standards for New and Modified Sources ...... 2060–AS30
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35—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
234 ...... Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remod- 2070–AK17 eling Section 402(c)(3) (Section 610 Review).
35—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
235 ...... Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor Degreasing ...... 2070–AK11
35—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
236 ...... Formaldehyde Emission Standards for Composite Wood Products ...... 2070–AJ44
60—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
237 ...... Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard 2050–AG61 Rock Mining Industry.
72—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
238 ...... Section 610 Review of National Primary Drinking Water Regulations: Ground Water Rule (Completion of 2040–AF58 a Section 610 Review).
ENVIRONMENTAL PROTECTION without change, or should be rescinded Action Date FR Cite AGENCY (EPA) or amended to minimize adverse economic impacts on small entities. As End Review ...... 11/00/16 10 part of this review, the EPA will Prerule Stage consider and solicit comments on the Regulatory Flexibility Analysis Required: No. 229. • Section 610 Review of Control of following factors: (1) The continued Hazardous Air Pollutants From Mobile need for the rule; (2) the nature of Agency Contact: Tom Eagles, Sources (Section 610 Review) complaints or comments received from Environmental Protection Agency, Air the public concerning the rule; (3) the and Radiation, 6103A, 1200 Legal Authority: 5 U.S.C. 610 complexity of the rule; (4) the extent to Pennsylvania Avenue NW., Washington, Abstract: The rulemaking ‘‘Control of which the rule overlaps, duplicates, or DC 20460, Phone: 202 564–1952, Fax: Hazardous Air Pollutants From Mobile conflicts with other Federal, State, or 202 564–1554, Email: eagles.tom@ Sources’’ was finalized by the EPA in local government rules; and (5) the epamail.epa.gov. February 2007 (72 FR 8428, February degree to which the technology, RIN: 2060–AS88 26, 2007). This program established economic conditions, or other factors stringent new controls on gasoline, have changed in the area affected by the passenger vehicles, and gas cans to rule. Comments must be received within ENVIRONMENTAL PROTECTION further reduce emissions of benzene and 60 days of this notice. In submitting AGENCY (EPA) other mobile source air toxics. The EPA comments, please reference Docket ID developed a Small Entity Compliance EPA–HQ–OAR–2016–0175 and follow 10 Guide, which provides descriptions of the instructions provided in the the regulations and small entity preamble to this issue of the Regulatory Final Rule Stage provisions, Q&As, and other helpful Agenda. This docket can be accessed at 230. Modernization of the Accidental compliance information. This new entry www.regulations.gov. Release Prevention Regulations Under in the Regulatory Agenda announces Timetable: Clean Air Act that the EPA will review this action pursuant to section 610 of the Action Date FR Cite Legal Authority: 42 U.S.C. 7412(r) Regulatory Flexibility Act (5 U.S.C. 610) Abstract: The EPA, in response to to determine if the provisions that could Final Rule ...... 02/26/07 72 FR 8427 Executive Order 13650, is considering affect small entities should be continued Begin Review ...... 05/00/16 amending its Risk Management Program
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regulations. Such revisions may include NSR programs often use general permits Engines and Vehicles (76 FR 57106, several changes to the accident and a few state programs allow permits September 15, 2011). prevention program requirements by rule as streamlined permitting Timetable: including an additional analysis of safer approaches for similar emission units or technology and alternatives for the stationary sources. This action finalizes Action Date FR Cite process hazard analysis for some general permits for certain source NPRM ...... 07/13/15 80 FR 40137 Program 3 processes, third-party audits categories of true minor sources wishing NPRM Comment 09/11/15 and incident investigation root cause to locate or expand in Indian country. Period End. analysis for Program 2 and Program 3 This action finalizes general permits for NPRM Comment 07/28/15 80 FR 44863 processes, enhancements to the the following six source categories: Period Ex- emergency preparedness requirements, Concrete batch plants; boilers and tended. increased public availability of chemical emergency engines, stationary spark NPRM Comment 09/17/15 hazard information, and several other ignition engines, stationary compression Period End Ex- changes to certain regulatory definitions ignition engines, graphic arts and tended End. Notice ...... 03/02/16 81 FR 10822 and data elements submitted in risk printing operations, and sawmill Final Rule ...... 08/00/16 management plans. Such amendments facilities. are intended to improve chemical Timetable: Regulatory Flexibility Analysis process safety, assist local emergency Required: Yes. authorities in planning for and Action Date FR Cite Agency Contact: Matt Spears, responding to accidents, and improve Environmental Protection Agency, Air public awareness of chemical hazards at NPRM ...... 07/17/14 79 FR 41845 NPRM Comment 08/19/14 79 FR 49031 and Radiation, Mail Code: ASD1, Ann regulated sources. Period Ex- Arbor, MI 48105, Phone: 734 214–4921, Timetable: tended. Fax: 734 214–4816, Email: Final Rule ...... 05/00/16 [email protected]. Action Date FR Cite Charles Moulis, Environmental Protection Agency, Air and Radiation, NPRM ...... 03/14/16 81 FR 13637 Regulatory Flexibility Analysis Final Rule ...... 12/00/16 Required: Yes. NFEVL, Ann Arbor, MI 48105, Phone: Agency Contact: Chris Stoneman, 734 214–4826. RIN: 2060–AS16 Regulatory Flexibility Analysis Environmental Protection Agency, Air Required: Yes. and Radiation, C304–01, Research 233. Oil and Natural Gas Sector: Agency Contact: Jim Belke, Triangle Park, NC 27711, Phone: 919 Emission Standards for New and Environmental Protection Agency, 541–0823, Fax: 919 541–0072, Email: Modified Sources [email protected]. Office of Land and Emergency Legal Authority: 42 U.S.C. 7401 et seq. Mark Sendzik, Environmental Management, 5104A, 1200 Pennsylvania Clean Air Act Avenue NW., Washington, DC 20460, Protection Agency, Air and Radiation, Abstract: Consistent with the White Phone: 202 564–8023, Fax: 202 564– C304–03, Research Triangle Park, NC House Methane Strategy and the January 8444, Email: [email protected]. 27711, Phone: 919 541–5534, Fax: 919 14, 2015, announcement of the EPA’s Kathy Franklin, Environmental 541–0942, Email: sendzik.mark@ approach to achieving methane and Protection Agency, Office of Land and epa.gov. volatile organic compounds (VOC) Emergency Management, 5104A, 1200 RIN: 2060–AR98 reductions from the oil and natural gas Pennsylvania Avenue NW., Washington, 232. Greenhouse Gas Emissions and sector, this action will finalize DC 20460, Phone: 202 564–7987, Fax: Fuel Efficiency Standards for Medium- amendments to the 2012 new source 202 564–2625, Email: franklin.kathy@ and Heavy-Duty Engines and performance standards (NSPS) for this epa.gov. Vehicles—Phase 2 sector. The proposed rule published RIN: 2050–AG82 9/18/15, included methane and VOC Legal Authority: 42 U.S.C. 7401 et seq. standards for sources not covered by the 231. General Permits and Permits By Clean Air Act Rule for the Federal Minor New Source 2012 Oil and Gas NSPS, such as Abstract: The EPA and the completions of hydraulically fractured Review Program in Indian Country for Department of Transportation, in close Six Source Categories oil wells, pneumatic pumps and fugitive coordination with the California Air emissions at well sites and compressor Legal Authority: 42 U.S.C. 7401 et seq. Resources Board, are developing a stations. The proposal also included Clean Air Act comprehensive National Program for methane standards for sources covered Abstract: The Tribal Minor New Medium- and Heavy-Duty Vehicle in the 2012 NSPS. In addition, in Source Review (NSR) program applies Greenhouse Gas Emission and Fuel response to the reconsideration to new and modified minor sources and Efficiency Standards for model years petitions received for the 2012 NSPS minor modifications at major sources of beyond 2018. These standards would and the subsequent amendments to the air pollution in Indian country. The further reduce greenhouse gas emissions NSPS, this rule addresses the issues for program, established in 2011, is and fuel consumption from a wide range which the EPA is granting implemented through issuance of of on-road vehicles from semi-trucks to reconsideration. preconstruction permits that can the largest pickup trucks and vans, and Timetable: include, among other requirements, all types and sizes of work trucks and pollutant emission limits for minor buses. This action is in continued Action Date FR Cite sources and emission limitations on the response to the President’s directive to potential of sources to emit pollution take coordinated steps to produce a new NPRM ...... 09/18/15 80 FR 56593 that would otherwise be considered generation of clean vehicles and follows NPRM Comment 11/13/15 80 FR 70179 major sources. This minor source the first ever Greenhouse Gas Emissions Period Ex- tended. program for Indian country is similar to Standards and Fuel Efficiency Final Rule ...... 05/00/16 state minor NSR programs. State minor Standards for Medium- and Heavy-Duty
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Regulatory Flexibility Analysis rules; and (5) the degree to which the the EPA identified risks associated with Required: Yes. technology, economic conditions or commercial vapor degreasing. EPA is Agency Contact: Amy Hambrick, other factors have changed in the area initiating rulemaking under TSCA Environmental Protection Agency, Air affected by the rule. This review will section 6 to address these risks, if the and Radiation, E143–05, Research also serve as an additional opportunity EPA finds that there is a reasonable Triangle Park, NC 27711, Phone: 919 to provide comment on lead test kits, basis to conclude that the risks to 541–0964, Fax: 919 541–3470, Email: field testing alternatives and other human health or the environment are [email protected]. broader RRP rule concerns as referenced unreasonable. A separate Regulatory David Cozzie, Environmental in 80 FR 79335 and 80 FR 27621. Agenda entry (RIN 2070–AK03) covers Protection Agency, Air and Radiation, Comments must be received within 60 the EPA’s consideration of a rulemaking E–143–05, Research Triangle Park, NC days of this notice. In submitting to address the risks associated with TCE 27711, Phone: 919 541–5356, Email: comments, please reference Docket ID when used as a spotting agent in dry [email protected]. EPA–HQ–OPPT–2016–0126 and follow cleaning and in commercial and RIN: 2060–AS30 the instructions provided in the consumer aerosol spray degreasers. preamble to this issue of the Regulatory Timetable: Agenda. This docket can be accessed at Action Date FR Cite ENVIRONMENTAL PROTECTION www.regulations.gov. Timetable: AGENCY (EPA) NPRM ...... 10/00/16 Action Date FR Cite 35 Regulatory Flexibility Analysis Prerule Stage Final Rule ...... 04/22/08 73 FR 21691 Required: Yes. Agency Contact: Toni Krasnic, • Begin Review ...... 05/00/16 234. Section 610 Review of Lead- End Review ...... 12/00/16 Environmental Protection Agency, Based Paint Activities; Training and Office of Chemical Safety and Pollution Certification for Renovation and Regulatory Flexibility Analysis Prevention, 7405M, 1200 Pennsylvania Remodeling Section 402(C)(3) (Section Required: No. Avenue NW., Washington, DC 20460, 610 Review) Agency Contact: Jonathan Shafer, Phone: 202 564–0984, Email: Legal Authority: 5 U.S.C. 610 Environmental Protection Agency, [email protected]. Abstract: EPA is initiating a review of Office of Chemical Safety and Pollution Joel Wolf, Environmental Protection the 2008 Lead; Renovation, Repair, and Prevention, 7404T, 1200 Pennsylvania Agency, Office of Chemical Safety and Painting Program (RRP) (73 FR 21692) Avenue NW., Washington, DC 20460, Pollution Prevention, 7404T, 1200 pursuant to section 610 of the Phone: 202 564–0789, Email: Pennsylvania Avenue NW., Washington, Regulatory Flexibility Act (RFA, 5 [email protected]. DC 20460, Phone: 202 564–2228, Fax: U.S.C. 610). The rule was amended in Michelle Price, Environmental 202 566–0471, Email: [email protected]. 2010 (75 FR 24802) and 2011 (76 FR Protection Agency, Office of Chemical RIN: 2070–AK11 47918) to eliminate a provision for Safety and Pollution Prevention, 7404T, contractors to opt-out of prescribed 1200 Pennsylvania Avenue NW., work practices and to affirm the Washington, DC 20460, Phone: 202 566– ENVIRONMENTAL PROTECTION qualitative clearance of renovated or 0744, Email: [email protected]. AGENCY (EPA) repaired spaces, respectively. Although RIN: 2070–AK17 the section 610 review only needs to 35 address the 2008 RRP Rule, EPA will Final Rule Stage exercise its discretion to consider ENVIRONMENTAL PROTECTION 236. Formaldehyde Emission Standards relevant comments to the 2010 and 2011 AGENCY (EPA) amendments. The RRP rule is intended for Composite Wood Products to reduce exposure to lead hazard 35 Legal Authority: 15 U.S.C. 2697 Toxic created by renovation, repair, and Proposed Rule Stage Substances Control Act painting activities that disturb lead- Abstract: The EPA is developing a • based paint. The current rule establishes 235. Trichloroethylene (TCE); final rule under the Formaldehyde requirements for training renovators and Rulemaking Under TSCA Section 6(A); Standards for Composite Wood Products dust sampling technicians; certifying Vapor Degreasing Act that was enacted in 2010 as title VI renovators, dust sampling technicians, Legal Authority: 15 U.S.C. 2605 Toxic of Toxic Substances Control Act and renovation firms; accrediting Substances Control Act (TSCA), 15 U.S.C. 2697. In 2013, EPA providers of renovation and dust Abstract: Section 6(a) of the Toxic issued a proposed rule to establish a sampling technician training; and for Substances Control Act (TSCA) provides framework for a TSCA title VI Third- renovation work practices. This new authority for the EPA to ban or restrict Party Certification Program whereby entry in the regulatory agenda the manufacture (including import), third-party certifiers (TPCs) are announces that EPA will review this processing, distribution in commerce, accredited by accreditation bodies (ABs) action pursuant to RFA section 610. As and use of chemicals, as well as any so that they may certify composite wood part of this review, EPA will consider manner or method of disposal. The EPA product panel producers under TSCA and solicit comments on the following identified trichloroethylene (TCE) for title VI. That proposed rule identified factors: (1) The continued need for the risk evaluation as part of its Work Plan the roles and responsibilities of the rule; (2) the nature of complaints or for Chemical Assessment under TSCA. groups involved in the TPC process comments received concerning the rule; TCE is used in industrial and (EPA, ABs, and TPCs), as well as the (3) the complexity of the rule; (4) the commercial processes, and also has criteria for participation in the program. extent to which the rule overlaps, some limited uses in consumer EPA also proposed general requirements duplicates, or conflicts with other products. In the June 2014 TSCA Work for TPCs, such as conducting and Federal, State, or local government Plan Chemical Risk Assessment for TCE, verifying formaldehyde emission tests,
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inspecting and auditing panel 1200 Pennsylvania Avenue NW., Abstract: EPA published the Ground producers, and ensuring that panel Washington, DC 20460, Phone: 202 566– Water Rule (GWR) in the Federal producers’ quality assurance and quality 1081, Email: [email protected]. Register on November 08, 2006. The control procedures comply with the RIN: 2070–AJ44 purpose of the rule is to provide for regulations set forth in the proposed increased protection against microbial rule. A separate proposed rule issued in pathogens in public water systems that 2013 under RIN 2070–AJ92 covered the ENVIRONMENTAL PROTECTION use ground water sources. EPA is implementation of the statutory AGENCY (EPA) particularly concerned about ground formaldehyde emission standards for water systems that are susceptible to hardwood plywood, medium-density 60 fecal contamination since disease- fiberboard, and particleboard sold, Proposed Rule Stage causing pathogens may be found in fecal supplied, offered for sale, or contamination. The GWR applies to manufactured (including imported) in 237. Financial Responsibility public water systems that serve ground the United States. Pursuant to TSCA Requirements Under CERCLA Section water. The rule also applies to any section 3(7), the definition of 108(b) for Classes of Facilities in the system that mixes surface and ground ‘‘manufacture’’ includes import. As Hard Rock Mining Industry water if the ground water is added required by title VI, these regulations Legal Authority: 42 U.S.C. 9601 et directly to the distribution system and apply to hardwood plywood, medium- seq.; 42 U.S.C. 9608(b) provided to consumers without density fiberboard, and particleboard. Abstract: Section 108(b) of the treatment. EPA reviewed this action in TSCA title VI also directs EPA to Comprehensive Environmental the fall of 2015 through the spring of promulgate supplementary provisions to Response, Compensation, and Liability 2016, pursuant to section 610 of the ensure compliance with the emissions Act (CERCLA) of 1980, as amended, Regulatory Flexibility Act (5 U.S.C. standards, including provisions related establishes certain authorities 610). As part of this review, EPA to labeling; chain of custody concerning financial responsibility solicited comments for consideration on requirements; sell-through provisions; requirements. The Agency has the following factors: (1) The continued ultra low-emitting formaldehyde resins; identified classes of facilities within the need for the rule; (2) the nature of no-added formaldehyde-based resins; Hard Rock mining industry as those for complaints or comments received finished goods; third-party testing and which financial responsibility concerning the rule; (3) the complexity certification; auditing and reporting of requirements will be first developed. of the rule; (4) the extent to which the third-party certifiers; recordkeeping; The EPA intends to include rule overlaps, duplicates, or conflicts enforcement; laminated products; and requirements for financial with other federal, state, or local exceptions from the requirements of responsibility, as well as notification government rules; and (5) the degree to regulations promulgated pursuant to and implementation. which the technology, economic this subsection for products and Timetable: conditions or other factors have changed components containing de minimis in the area affected by the rule. EPA has amounts of composite wood products. Action Date FR Cite completed its review and concluded As noted in the previously published Notice ...... 07/28/09 74 FR 37213 that the rule needs no revisions at this Regulatory Agenda entry for each NPRM ...... 12/00/16 time to minimize impacts on small rulemaking, EPA has decided to issue a entities. The results of the review are single final rule that addresses both of Regulatory Flexibility Analysis summarized in a report and placed in these proposals. As such, EPA also Required: Yes. the Water Docket under Docket ID No. combined the entries for the Regulatory Agency Contact: Barbara Foster, EPA–HQ–OW–2015–0541. You can Agenda. Environmental Protection Agency, access the docket at the Federal Timetable: Office of Land and Emergency eRulemaking Portal: http:// Management, 5304P, 1200 Pennsylvania www.regulations.gov. Action Date FR Cite Avenue NW., Washington, DC 20460, Timetable: ANPRM ...... 12/03/08 73 FR 73620 Phone: 703 308–7057, Email: Second ANPRM .. 01/30/09 74 FR 5632 [email protected]. Action Date FR Cite NPRM ...... 06/10/13 78 FR 34795 Scott Palmer, Environmental NPRM Comment 07/23/13 78 FR 44090 Protection Agency, Office of Land and Final Rule ...... 11/08/06 71 FR 65573 Period Ex- Emergency Management, 5305P, 1200 Begin Review ...... 11/09/15 tended. Pennsylvania Avenue NW., Washington, End Review ...... 04/13/16 NPRM Comment 08/21/13 78 FR 51696 DC 20460, Phone: 703 308–8621, Email: Period Ex- [email protected]. Regulatory Flexibility Analysis tended. RIN: 2050–AG61 Required: No. Final Rule ...... 07/00/16 Agency Contact: Philip Berger, Regulatory Flexibility Analysis Environmental Protection Agency, Required: Yes. ENVIRONMENTAL PROTECTION Water, 4607M, 1200 Pennsylvania Agency Contact: Sara Kemme, AGENCY (EPA) Avenue NW., Washington, DC 20460, Environmental Protection Agency, Phone: 202 564–5255, Email: Office of Chemical Safety and Pollution 72 [email protected]. Prevention, 7404T, 1200 Pennsylvania Completed Actions Crystal Rodgers-Jenkins, Avenue NW., Washington, DC 20460, Environmental Protection Agency, Phone: 202 566–0511, Fax: 202 566– 238. Section 610 Review of National Water, 4607M, 1200 Pennsylvania 0473, Email: [email protected]. Primary Drinking Water Regulations: Avenue NW., Washington, DC 20460, Robert Courtnage, Environmental Ground Water Rule (Completion of a Phone: 202 564–5275, Fax: 202 564– Protection Agency, Office of Chemical Section 610 Review) 3767, Email: rodgers-jenkins.crystal@ Safety and Pollution Prevention, 7404T, Legal Authority: 5 U.S.C. 610 epa.gov.
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RIN: 2040–AF58 [FR Doc. 2016–12921 Filed 6–8–16; 8:45 am] BILLING CODE 6560–50–P
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Part XVIII
General Services Administration
Semiannual Regulatory Agenda
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GENERAL SERVICES existing significant regulations for on a substantial number of small ADMINISTRATION review to determine whether they entities; and should be modified or eliminated. (2) Any rules that the Agency has 41 CFR Chs. 101, 102, 300, and 301 Proposed rules may be reviewed in their identified for periodic review under entirety at the Government’s rulemaking section 610 of the Regulatory Flexibility 48 CFR Chapter 5 Web site at http://www.regulations.gov. Act. Since the fall 2007 edition, the Printing of these entries is limited to Unified Agenda of Federal Regulatory Internet has been the basic means for fields that contain information required and Deregulatory Actions disseminating the Unified Agenda. The by the Regulatory Flexibility Act’s Agenda requirements. Additional AGENCY: General Services complete Unified Agenda will be Administration (GSA). available online at www.reginfo.gov, in information on these entries is available a format that offers users a greatly in the Unified Agenda published on the ACTION: Semiannual Regulatory Agenda. enhanced ability to obtain information Internet. In addition, for fall editions of from the Agenda database. the Agenda, the entire Regulatory Plan SUMMARY: This agenda announces the will continue to be printed in the proposed regulatory actions that GSA Because publication in the Federal Register is mandated for the regulatory Federal Register, as in past years, plans for the next 12 months and those including GSA’s regulatory plan. that were completed since the fall 2015 flexibility agendas required by the edition. This agenda was developed Regulatory Flexibility Act (5 U.S.C. FOR FURTHER INFORMATION CONTACT: under the guidelines of Executive Order 602), GSA’s printed agenda entries Hada Flowers, Division Director, 12866 ‘‘Regulatory Planning and include only: Regulatory Secretariat Division at (202) Review.’’ GSA’s purpose in publishing (1) Rules that are in the Agency’s 501–4755. this agenda is to allow interested regulatory flexibility agenda, in Dated: March 28, 2016. persons an opportunity to participate in accordance with the Regulatory Troy Cribb, the rulemaking process. GSA also Flexibility Act, because they are likely Associate Administrator, Office of invites interested persons to recommend to have a significant economic impact Government-wide Policy.
GENERAL SERVICES ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
239 ...... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2010–G511, Purchasing by 3090–AJ43 Non-Federal Entities. 240 ...... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013–G504, Transactional 3090–AJ51 Data Reporting.
GENERAL SERVICES ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
241 ...... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G512, Unenforceable 3090–AJ67 Commercial Supplier Agreement Terms.
GENERAL SERVICES ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
242 ...... General Services Administration Regulation (GSAR); GSAR Case 2015–G508, Removal of Unnecessary 3090–AJ57 Construction Clauses and Editorial Changes.
GENERAL SERVICES implement the Federal Supply statutory implementation. This case is ADMINISTRATION (GSA) Schedules Usage Act of 2010 (FSSUA), included in GSA’s retrospective review of existing regulations under Executive Office of Acquisition Policy the Native American Housing Assistance and Self-Determination Order 13563. Additional information is Final Rule Stage Reauthorization Act of 2008 located in GSA’s retrospective review (2016), available at: www.gsa.gov/ 239. General Services Administration (NAHASDA), the John Warner National improvingregulations. Acquisition Regulation (GSAR); GSAR Defense Authorization Act for Fiscal Case 2010–G511, Purchasing by Non– Year 2007 (NDAA), and the Local Timetable: Federal Entities Preparedness Acquisition Act for Fiscal Year 2008 (LPAA), to provide increased Action Date FR Cite Legal Authority: 40 U.S.C. 121(c) access to GSA’s Federal Supply NPRM ...... 04/17/14 79 FR 21691 Abstract: The General Services Schedules (Schedules). GSA is also amending the Federal Supply Schedule NPRM Comment 06/16/14 Administration (GSA) is amending the Period End. General Services Administration Contracting and Solicitation Provisions Final Rule ...... 05/00/16 Acquisition Regulation (GSAR) to and Contract Clauses, in regard to this
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Regulatory Flexibility Analysis stakeholders throughout the phases of Timetable: Required: Yes. the implementation. Agency Contact: Dana L. Munson, GSA is reviewing the public Action Date FR Cite Procurement Analyst, General Services comments received and analyzing Administration, 1800 F Street NW., alternatives for collecting transactional NPRM ...... 06/00/17 Washington, DC 20405, Phone: 202 357– data, including the potential publication 9652, Email: [email protected]. of a final rule. This case is included in Regulatory Flexibility Analysis RIN: 3090–AJ43 GSA’s retrospective review of existing Required: Yes. 240. General Services Administration regulations under Executive Order Agency Contact: Janet Fry, Program Acquisition Regulation (GSAR); GSAR 13563. Additional information is Analyst, General Services Case 2013–G504, Transactional Data located in GSA’s retrospective review Administration, 1800 F Street NW., Reporting (2016), available at: www.gsa.gov/ Washington, DC 20405, Phone: 703 605– improvingregulations. 3167, Email: [email protected]. Legal Authority: 40 U.S.C. 121(c) Timetable: Abstract: The General Services RIN: 3090–AJ67 Administration (GSA) is issuing a final Action Date FR Cite rule amending the General Services Administration Acquisition Regulation NPRM ...... 03/04/15 80 FR 11619 (GSAR) to require vendors to report NPRM Comment 05/04/15 transactional data from orders and Period End. NPRM Comment 05/06/15 80 FR 25994 GENERAL SERVICES prices paid by ordering activities. This Period Ex- ADMINISTRATION (GSA) includes orders placed against both tended. Completed Actions Federal Supply Schedule (FSS) contract NPRM Comment 05/11/15 vehicles and GSA’s non-FSS contract Period Ex- 242. General Services Administration vehicles, Governmentwide Acquisition tended End. Regulation (GSAR); GSAR Case 2015– Contracts (GWACs) and Multi-Agency Final Rule ...... 09/00/16 G508, Removal of Unnecessary Contracts (MACs). Construction Clauses and Editorial Regulatory Flexibility Analysis Once implemented, the new GSAR Changes transactional data reporting clauses will Required: Yes. enable GSA to provide Federal agencies Agency Contact: Mr. Matthew Legal Authority: 40 U.S.C. 121(c) with further market intelligence and McFarland, Program Analyst, General Abstract: The General Services expert guidance in procuring goods and Services Administration, 1800 F Street Administration (GSA) is amending the services in each category of GSA NW., Washington, DC 20405, Phone: General Services Administration acquisition vehicles. The new 202 690–9232, Email: Acquisition Regulation (GSAR) to revise requirement will not affect the [email protected]. GSAR part 536, Construction and RIN: 3090–AJ51 Department of Veterans Affairs (VA) Architect-Engineer Contracts, and FSS contract holders. corresponding provisions and clauses in The proposed amendment to the GSAR part 552, Solicitation Provisions GSAR will add an alternate version of GENERAL SERVICES and Contract Clauses, to remove the existing GSAR clause 552.238–74 ADMINISTRATION (GSA) unnecessary construction clauses. These Industrial Funding Fee and Sales provisions and clauses are now covered Office of Acquisition Policy Reporting (IFF) (Federal Supply in the FAR or are otherwise no longer Schedule) and a new GSAR clause Long-Term Actions necessary for the agency. Removing 552.216–75 Sales Reporting and Fee these clauses simplifies contract terms Remittance. Under the FSS program, 241. General Services Administration Acquisition Regulation (GSAR); GSAR and conditions, reduces regulatory vendors that agree to the new burden to contractors, and eliminates transactional reporting requirement will Case 2015–G512, Unenforceable Commercial Supplier Agreement Terms any conflict with language contained in have their contracts modified with an construction contract technical alternate version of clause 552.238–75 Legal Authority: 40 U.S.C. 121(c) specifications. Price Reductions; the alternate version Abstract: GSA is amending the of clause 552.238–75 does not require General Services Administration Completed: the vendor to monitor and provide price Acquisition Regulation (GSAR) to Action Date FR Cite reductions to the Government when the streamline the evaluation process to customer or category of customer upon award contracts containing commercial Final Rule ...... 01/27/16 81 FR 4593 which the contract was predicated supplier agreements Government and Final Rule Effec- 01/27/16 receives a discount. industry often spend significant time tive. GSA will implement the new negotiating elements common in almost transactional data reporting every commercial supplier agreement Regulatory Flexibility Analysis requirements in phases, beginning with where the terms conflict with federal Required: Yes. specific contract vehicles, including a law. Past negotiations would always Agency Contact: Christina Mullins, few select Federal Supply Schedules, or lead to deleting the terms from the Phone: 202 969–4966, Email: Special Item Numbers that show the contract, but only after several rounds of [email protected]. greatest potential to optimize legal review by both parties. This case transactional data via category would explore methods for RIN: 3090–AJ57 management and reduced price automatically nullifying these common [FR Doc. 2016–12924 Filed 6–8–16; 8:45 am] variability. GSA will engage terms out of contracts. BILLING CODE 6820–34–P
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Part XIX
National Aeronautics and Space Administration
Semiannual Regulatory Agenda
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NATIONAL AERONAUTICS AND amendment by NASA, the need and SUPPLEMENTARY INFORMATION: OMB SPACE ADMINISTRATION legal basis for the actions being guidelines dated February 19, 2016, considered, the name and telephone ‘‘Spring 2016 Unified Agenda of Federal 14 CFR Ch. V number of the knowledgeable official, Regulatory and Deregulatory Actions,’’ whether a regulatory analysis is require a regulatory agenda of those Regulatory Agenda required, and the status of regulations regulations under development and AGENCY: National Aeronautics and previously reported. review to be published in the Federal Space Administration (NASA). ADDRESSES: Deputy Associate Register each spring and fall. ACTION: Semiannual regulatory agenda. Administrator, Office Mission Support Directorate, NASA Headquarters, Dated: March 18, 2016. SUMMARY: NASA’s regulatory agenda Washington, DC 20546. Daniel Tenney, describes those regulations being FOR FURTHER INFORMATION CONTACT: Deputy Associate Administrator, Office of the considered for development or Cheryl E. Parker, (202) 358–0252. Mission Support Directorate.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
243 ...... Processing of Monetary Claims (Section 610 Review) ...... 2700–AD83
NATIONAL AERONAUTICS AND suspension or termination of collection Action Date FR Cite SPACE ADMINISTRATION (NASA) and referral to the Government Accountability Office (GAO) and/or to Direct Final Rule 05/00/16 Final Rule Stage the Department of Justice for litigation 243. Processing of Monetary Claims of civil claims as defined by 31 U.S.C. Regulatory Flexibility Analysis (Section 610 Review) 3701(b) arising out of the activities of Required: No. Legal Authority: 31 U.S.C. sec 3711 designated NASA officials authorized to Agency Contact: Laura Burns, Law Abstract: NASA is amending its effect actions and requires compliance Librarian, National Aeronautics and regulations at 14 CFR 1261 to make non- with GAO/DOJ joint regulations at 4 Space Administration, Office of the substantive changes in the amount to CFR parts 101–105 and the Office of General Counsel, 300 E Street SW., collect installment payments from Personnel Management regulations at 5 Washington, DC 20546, Phone: 202 358– $20,000 to $100,000 to align with title CFR part 550 subpart K. There are also 2078, Fax: 202 358–4955 Email: 31 subchapter II Claims of the United some statute citation and terminology [email protected]. updates. The revisions to this rule are States Government section 3711 (a)(2) RIN: 2700–AD83 Collection and Compromise. Subpart 4 part of NASA’s retrospective plan under [FR Doc. 2016–12925 Filed 6–8–16; 8:45 am] prescribes standards for the Executive Order 13563 completed in administrative collection compromise August 2011. BILLING CODE 7510–13–P Timetable:
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Part XX
Small Business Administration
Semiannual Regulatory Agenda
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SMALL BUSINESS ADMINISTRATION Washington, DC 20416, (202) 205–6849, developed by the Regulatory [email protected]. Information Service Center. The 13 CFR Ch. I Specific complete Unified Agenda will be available online at www.reginfo.gov in a Semiannual Regulatory Agenda Please direct specific comments and format that greatly enhances a user’s AGENCY: U.S. Small Business inquiries on individual regulatory ability to obtain information about the Administration (SBA). activities identified in this Agenda to rules in SBA’s Agenda. the individual listed in the summary of ACTION: Semiannual regulatory agenda. the regulation as the point of contact for The Regulatory Flexibility Act SUMMARY: This Regulatory Agenda is a that regulation. requires federal agencies to publish semiannual summary of all current and SUPPLEMENTARY INFORMATION: SBA those regulatory actions that are likely projected rulemakings and completed provides this notice under the to have a significant economic impact actions of the Small Business requirements of the Regulatory on a substantial number of small entities Administration (SBA). SBA expects that Flexibility Act, 5 U.S.C. 601 to 612 and in their regulatory flexibility agendas in this summary information will enable Executive Order 12866, ‘‘Regulatory the Federal Register. SBA’s Regulatory the public to be more aware of, and Planning and Review,’’ which require Agenda includes regulatory actions that effectively participate in, SBA’s each agency to publish a semiannual are in the SBA’s regulatory flexibility regulatory activity. SBA invites the agenda of regulations. The Regulatory agenda. Publication of these entries is public to submit comments on any Agenda is a summary of all current and limited to fields that contain aspect of this Agenda. projected Agency rulemakings, as well information required by the Regulatory FOR FURTHER INFORMATION CONTACT: as actions completed since the Flexibility Act’s Agenda requirements. publication of the last Regulatory Additional information on these entries General Agenda. SBA’s last Semiannual is available in the Unified Agenda Please direct general comments or Regulatory Agenda was published on published on the Internet. inquiries to Imelda A. Kish, Law December 15, 2015, at 80 FR 78039. The Librarian, U.S. Small Business Semiannual Agenda of the SBA Maria Contreras-Sweet, Administration, 409 Third Street SW., conforms to the Unified Agenda format Administrator.
SMALL BUSINESS ADMINISTRATION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
244 ...... Small Business Development Center Program Revisions ...... 3245–AE05 245 ...... Miscellaneous Amendments to Surety Bond, 7(a), and 504 Regulations ...... 3245–AF85 246 ...... Immediate, Expedited, and Private Disaster Assistance Loan Programs ...... 3245–AF99 247 ...... Office of Women Owned Business: Women’s Business Center Program ...... 3245–AG02 248 ...... Small Business HUBZone Program; Government Contracting Programs; Office of Hearings and Appeals 3245–AG38 249 ...... Record Disclosure and Privacy ...... 3245–AG52 250 ...... Small Business Timber Set-Aside Program ...... 3245–AG69 251 ...... Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Cer- 3245–AG75 tification.
SMALL BUSINESS ADMINISTRATION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
252 ...... Small Business Mentor Prote´ge´ Programs ...... 3245–AG24 253 ...... Agent Revocation and Suspension Procedures ...... 3245–AG40 254 ...... Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments ... 3245–AG58 255 ...... Small Business Investment Company (SBIC) Program—Impact SBICs ...... 3245–AG66 256 ...... Small Business Investment Companies; Passive Business Expansion & Technical Clarifications ...... 3245–AG67 257 ...... Credit for Lower Tier Small Business Subcontracting ...... 3245–AG71 258 ...... Affiliation for Business Loan Programs and Surety Bond Guarantee Program ...... 3245–AG73
SMALL BUSINESS ADMINISTRATION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
259 ...... Small Business Size Standards; Alternative Size Standard for 7(a), 504, and Disaster Loan Programs ...... 3245–AG16
SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
260 ...... Small Business Size Standards: Employee Based Size Standards in Wholesale Trade and Retail Trade ... 3245–AG49 261 ...... Small Business Size Standards for Manufacturing ...... 3245–AG50
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SMALL BUSINESS ADMINISTRATION—COMPLETED ACTIONS—Continued
Regulation Sequence No. Title Identifier No.
262 ...... Small Business Size Standards: Industries With Employee Based Size Standards Not Part of Manufac- 3245–AG51 turing, Wholesale Trade, or Retail Trade. 263 ...... Small Business Size Standards: Inflation Adjustment to Monetary Based Size Standards ...... 3245–AG60 264 ...... Surety Bond Guarantee Program; Miscellaneous Amendments ...... 3245–AG70
SMALL BUSINESS ADMINISTRATION authorities in this proposed rule. lenders and the public on three (SBA) Several minor modifications to the 504 guaranteed disaster loan programs: (1) Loan Program and governance rules for The expedited disaster assistance Proposed Rule Stage Certified Development Company (CDC) program (EDAP), under which the SBA 244. Small Business Development are also proposed in a follow-on to the would guarantee short-term loans of up Center Program Revisions Final Rule: 504 and 7(a) Loan Program to $150,000 made by private lenders to Legal Authority: 15 U.S.C. 634(b)(6); Updates (March 21, 2014), along with eligible small businesses located in a 15 U.S.C. 648 alignment of terminology for 7(a) catastrophic disaster area; (2) the private Abstract: Updates the SBDC program lenders that are federally regulated to disaster assistance program (PDAP), regulations by proposing to amend: (1) synchronize with existing industry under which SBA would guarantee Procedures for approving applications requirements. SBA plans to propose loans of up to $2 million made by for new Host SBDCs; (2) approval several other miscellaneous private lenders to eligible small procedures for travel outside the amendments to improve oversight and businesses and homeowners located in continental U.S. and U.S. territories; (3) operations of its finance programs. a catastrophic disaster area; and (3) the procedures and requirements regarding This rule proposes to make four immediate disaster assistance program findings and disputes resulting from changes to the Surety Bond Guarantee (IDAP), under which the SBA would financial exams, programmatic reviews, (SBG) Program. The first would change guarantee interim loans of up to $25,000 accreditation reviews, and other SBA the threshold for notification to SBA of made by private lenders to eligible small oversight activities; (4) requirements for changes in the contract or bond amount. businesses, which would then be repaid new or renewal applications for SBDC Second, the change would require with the proceeds of SBA direct disaster grants, including the requirements for sureties to submit quarterly contract loans. SBA will seek input on what electronic submission through the completion reports. Third, SBA program features would be required for approved electronic Government proposes to increase the eligible lenders to participate in these submission facility; (5) procedures contract limit for the Quick Bond guaranteed disaster loan programs. SBA regarding the determination to affect Application and Agreement from plans to use this feedback in drafting suspension, termination or non-renewal $250,000 to $400,000. Finally, SBA proposed rules for the EDAP and PDAP of an SBDC’s cooperative agreement; proposes to increase the guarantee programs and in considering changes to and (6) provisions regarding the percentage in the Preferred Surety Bond the existing IDAP regulations. collection and use of the individual program to reflect the statutory change Timetable: SBDC client data. made by the National Defense Timetable: Authorization Act of 2016. The Action Date FR Cite guarantee percentage will increase from Action Date FR Cite 70% to 80% or 90%, depending on ANPRM ...... 10/21/15 80 FR 63715 contract size and socioeconomic factors ANPRM Comment 12/21/15 ANPRM ...... 04/02/15 80 FR 17708 currently in effect in the Prior Approval Period End. NPRM ...... 09/00/16 ANPRM Comment 06/01/15 Program. Period End. Timetable: NPRM ...... 10/00/16 Regulatory Flexibility Analysis Action Date FR Cite Required: Yes. Regulatory Flexibility Analysis Agency Contact: Dianna L. Seaborn, Required: Yes. NPRM ...... 05/00/16 Acting Director, Office of Financial Agency Contact: Victoria Mundt, Assistance, Small Business Acting Deputy Associate Administrator, Regulatory Flexibility Analysis Administration, 409 Third Street SW., Office of Small Business Development Required: Yes. Washington, DC 20416, Phone: 202 205– Centers, Small Business Administration, Agency Contact: Dianna L. Seaborn, 3645, Email: [email protected]. 409 Third Street SW., Washington, DC Acting Director, Office of Financial RIN: 3245–AF99 20416, Phone: 202 205–7176, Email: Assistance, Small Business 247. Office of Women Owned Business: [email protected]. Administration, 409 Third Street SW., Women’s Business Center Program RIN: 3245–AE05 Washington, DC 20416, Phone: 202 205– Legal Authority: 15 U.S.C. 656 245. Miscellaneous Amendments to 3645, Email: [email protected]. RIN: 3245–AF85 Abstract: SBA’s Office of Women’s Surety Bond, 7(A), and 504 Regulations Business Ownership (OWBO) oversees a Legal Authority: 15 U.S.C. 636(a); 15 246. Immediate, Expedited, and Private network of SBA-funded Women’s U.S.C. 694b Disaster Assistance Loan Programs Business Centers (WBCs) throughout the Abstract: Certain lenders have been Legal Authority: 15 U.S.C. 636(c); 15 United States and its territories. WBCs delegated the authority to make loan U.S.C. 636j; 15 U.S.C. 657n provide management and technical decisions without prior approval from Abstract: Through this advanced assistance to small business concerns SBA under certain circumstances. SBA notice of proposed rulemaking, SBA both nascent and established, with a plans to formalize such delegated solicited comments from potential focus on such businesses that are owned
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and controlled by women, or on women time, SBA will maintain a framework business when small business planning to start a business, especially that helps identify and reduce waste, participation falls below a certain women who are economically or fraud, and abuse in the program. amount. SBA is considering comments socially disadvantaged. The training and Timetable: received during the ANPRM process, counseling provided by the WBCs including on issues such as, but not encompass a comprehensive array of Action Date FR Cite limited to, whether the saw timber topics, such as finance, management volume purchased through stewardship NPRM ...... 10/00/16 and marketing in various languages. timber contracts should be included in This rule would propose to codify the Regulatory Flexibility Analysis calculations, and whether the appraisal requirements and procedures that Required: Yes. point used in set-aside sales should be govern the delivery, funding and Agency Contact: Mariana Pardo, the nearest small business mill. In evaluation of the management and Director, Office of HUBZone, Small addition, SBA is considering data from technical assistance provided under the Business Administration, 409 3rd Street the timber industry to help evaluate the WBC Program. The rule would address, SW., Washington, DC 20416, Phone: 202 current program and economic impact among other things, the eligibility 205–2985, Email: mariana.pardo@ of potential changes. criteria for selection as a WBC, use of sba.gov. Timetable: Federal funds, standards for effectively RIN: 3245–AG38 carrying out program duties and Action Date FR Cite responsibilities, and the requirements 249. Record Disclosure and Privacy for reporting on financial and Legal Authority: 5 U.S.C. 301, 552 and ANPRM ...... 03/25/15 80 FR 15697 programmatic performance. 552(a); 31 U.S.C. 9701; 44 U.S.C. 3501 ANPRM Comment 05/26/15 Timetable: et seq.; E.O. 12600; 52 FR 23781 Period End. NPRM ...... 06/00/16 Abstract: SBA proposes to amend its Action Date FR Cite Record Disclosure and Privacy regulations to implement the Openness Regulatory Flexibility Analysis ANPRM ...... 04/22/15 80 FR 22434 Required: Yes. ANPRM Comment 06/22/15 Promotes Effectiveness in our National Period End. Government Act. The amendments, Agency Contact: David W. Loines, NPRM ...... 09/00/16 among other things, will update the Area Director, Office of Government Agency’s Freedom of Information Act Contracting, Small Business Regulatory Flexibility Analysis regulations to adjust the time for the Administration, 409 Third Street SW., Required: Yes. public to submit an appeal of SBA’s Washington, DC 20416, Phone: 202 205– Agency Contact: Bruce D. Purdy, decision regarding a request for 7311, Email: [email protected]. Deputy Assistant Administrator, Office information, correct an obsolete address RIN: 3245–AG69 of Women’s Business Ownership, Small and provide applicable Web site Business Administration, Washington, addresses, and clarify the definition of 251. Women-Owned Small Business DC 20416, Phone: 202 205–7532, Email: news media for purposes of assessing and Economically Disadvantaged [email protected]. processing fees. Women-Owned Small Business— RIN: 3245–AG02 Timetable: Certification 248. Small Business Hubzone Program; Action Date FR Cite Legal Authority: Pub. L. 113–291, sec Government Contracting Programs; 825; 15 U.S.C. 637(m) Office of Hearings and Appeals NPRM ...... 11/00/16 Abstract: Section 825 of the National Defense Authorization Act for Fiscal Legal Authority: 15 U.S.C. 657a Regulatory Flexibility Analysis Abstract: SBA has been reviewing its Year 2015 (NDAA), Public Law 113– Required: Yes. 291, 128 Stat. 3292, Dec. 19, 2014, processes and procedures for Agency Contact: Laura Magere, implementing the HUBZone program included language requiring that Director, Freedom of Information Act women-owned small business concerns and has determined that several of the Office, Small Business Administration, regulations governing the program and economically disadvantaged 409 Third Street SW., Washington, DC women-owned small business concerns should be amended in order to resolve 20416, Phone: 202 205–6837, Email: certain issues that have arisen. As a are certified by a Federal agency, a State [email protected]. government, the Administrator, or result, the proposed rule would RIN: 3245–AG52 constitute a comprehensive revision of national certifying entity approved by part 126 of SBA’s regulations to clarify 250. Small Business Timber Set-Aside the Administrator as a small business current HUBZone Program regulations, Program concern owned and controlled by and implement various new procedures. Legal Authority: 15 U.S.C. 631; 15 women. SBA is issuing this Advance The amendments will make it easier for U.S.C. 644(a) Notice of Proposed Rulemaking to get participants to comply with the program Abstract: The U.S. Small Business public feedback on how best to requirements and enable them to Administration (SBA or Agency) is implement this statutory provision. SBA maximize the benefits afforded by proposing to amend its Small Business intends to request information on participation. In developing this Timber Set-Aside Program (the Program) whether SBA should: Create its own proposed rule, SBA will focus on the regulations. The Small Business Timber certification program, rely on private principles of Executive Order 13563 to Set-Aside Program is rooted in the certifiers, allow Federal agencies to determine whether portions of Small Business Act, which tasked SBA create their own certification systems, or regulations should be modified, with ensuring that small businesses create a hybrid system. SBA also streamlined, expanded or repealed to receive a fair proportion of the total intends to request information from the make the HUBZone program more sales of government property. public concerning State government effective and/or less burdensome on Accordingly, the Program requires certification programs. small business concerns. At the same Timber sales to be set aside for small Timetable:
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Action Date FR Cite Action Date FR Cite Abstract: The U.S. Small Business Administration (SBA or Agency) is ANPRM ...... 12/18/15 80 FR 78984 NPRM Comment 05/06/15 amending its regulations to implement ANPRM Comment 02/16/16 Period End. provisions of the National Defense Period End. Final Rule ...... 06/00/16 Authorization Act of 2013, which NPRM ...... 10/00/16 pertain to performance requirements Regulatory Flexibility Analysis applicable to small business and Regulatory Flexibility Analysis Required: Yes. socioeconomic program set aside Required: Yes. Agency Contact: Brenda J. Fernandez, contracts and small business Agency Contact: Kenneth Dodds, Procurement Analyst, Small Business subcontracting. SBA will make changes Director, Office of Government Administration, 409 Third Street SW., to its regulations concerning the Contracting, Small Business Washington, DC 20416, Phone: 202 205– nonmanufacturer rule and affiliation Administration, 409 3rd Street SW., 7337, Email: [email protected]. Washington, DC 20416, Phone: 202 619– RIN: 3245–AG24 rules. Further, SBA will allow a joint 1766, Fax: 202 481–2950, Email: venture to qualify as small for any 253. Agent Revocation and Suspension government procurement as long as [email protected]. Procedures RIN: 3245–AG75 each partner to the joint venture Legal Authority: 15 U.S.C. 634; 15 qualifies individually as small under the U.S.C. 642 size standard corresponding to the Abstract: This rule establishes NAICS code assigned in the solicitation. SMALL BUSINESS ADMINISTRATION detailed procedures for the suspension Timetable: (SBA) and revocation of an Agent’s privilege to Action Date FR Cite Final Rule Stage do business with the United States Small Business Administration (SBA) NPRM ...... 12/29/14 79 FR 77955 252. Small Business Mentor Prote´ge´ within a single Part of the Code of Programs NPRM Comment 02/27/15 Federal Regulations; removes 8(a) Period End. Legal Authority: Pub. L. 111–240; sec program specific procedures for Agent NPRM Comment 03/09/15 80 FR 12353 1347; 15 U.S.C. 657r suspension and revocation; clarifies Period Re- Abstract: The U.S. Small Business existing and related regulations as to opened. Administration (SBA or Agency) is suspension, revocation, and debarment; Second NPRM 04/06/15 amending its regulations to implement and removes Office of Hearings and Comment Pe- provisions of the Small Business Jobs Appeals jurisdiction over Agent riod End. Act of 2010 and the National Defense suspensions and revocations and Final Rule ...... 05/00/16 Authorization Act for Fiscal Year 2013. government-wide debarment and Regulatory Flexibility Analysis Based on authorities provided in these suspension actions. This rule will also Required: Yes. two statutes, the rule will establish a conform SBA suspension and Agency Contact: Brenda J. Fernandez, Government-wide mentor-prote´ge´ revocation procedures for Agents with Procurement Analyst, Small Business program for all small business concerns, general government-wide Administration, 409 Third Street SW., consistent with SBA’s mentor-prote´ge´ nonprocurement suspension and Washington, DC 20416, Phone: 202 205– program for Participants in SBA’s 8(a) debarment procedures. 7337, Email: [email protected]. Business Development (BD) program. Timetable: RIN: 3245–AG58 The rule will also make minor changes to the mentor-prote´ge´ provisions for the Action Date FR Cite 255. Small Business Investment 8(a) Business Development program in Company (SBIC) Program—Impact NPRM ...... 10/16/14 79 FR 62060 SBICS order to make the mentor-prote´ge´ rules NPRM Comment 12/12/14 79 FR 73853 for each of the programs as consistent as Period Ex- Legal Authority: 15 U.S.C. 681 possible. The rule will amend the tended. Abstract: This rule establishes a current joint venture provisions to NPRM Comment 12/15/14 regulatory structure for the SBIC clarify the conditions for creating and Period End. Programs Impact Investment Fund, operating joint venture partnerships, Second NPRM 02/14/15 which is currently being implemented including the effect of such partnerships Comment Pe- through a policy memorandum to on any mentor-prote´ge´ relationships. riod End. Final Rule ...... 10/00/16 interested applicants. The rule Finally, the rule will make several establishes in the regulations a new type additional changes to current size, 8(a) Regulatory Flexibility Analysis of SBIC license called the Impact SBIC Office of Hearings and Appeals or Required: Yes. license and will include application and HUBZone regulations, concerning Agency Contact: Debra Mayer, Chief, examination fee considerations to among other things, ownership and Supervision and Enforcement, Office of incentivize Impact Investment Fund control, changes in primary industry, Credit Risk Management, Small participation. Impact SBICs may also be standards of review and interested party Business Administration, 409 Third able to access Early Stage leverage on status for some appeals. Street SW., Washington, DC 20416, the same terms as Early Stage SBICs Timetable: Phone: 202 205–7577, Email: without applying through the Early [email protected]. Stage call process defined in 107.310. Action Date FR Cite RIN: 3245–AG40 This will allow Impact SBICs with early stage strategies to apply for the program. NPRM ...... 02/05/15 80 FR 6618 254. Small Business Government NPRM Comment 04/06/15 The new license will be available to Contracting and National Defense investment funds that meet the SBIC Period End. Authorization Act of 2013 Amendments NPRM Comment 04/07/15 80 FR 18556 Programs licensing qualifications and Period Exten- Legal Authority: 15 U.S.C. 631; Pub. L. commit to invest at least 50 percent of sion. 112–239 their invested capital in impact
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investments as defined in the rule. The defining two exceptions and does not 1766, Fax: 202 481–2950, Email: rule would also outline reporting and provide SBA with sufficient protections. [email protected]. performance measures for licensed SBA is simplifying the rule to allow a RIN: 3245–AG71 funds to maintain Impact Investment more flexible two pass-through entity 258. Affiliation for Business Loan Fund designation. The goal of the structure but provides SBA certain Programs and Surety Bond Guarantee Impact Investment Fund is to support protections to offset risks associated Program small business investment strategies with passive investment structures. As that maximize financial returns while part of the rule, SBA will also make Legal Authority: 15 U.S.C. 634(b)(6) also yielding enhanced social technical corrections and clarifications, Abstract: The U.S. Small Business environmental or economic impacts as including conforming the regulation to Administration (SBA) has determined part of the SBIC Programs overall effort the new ‘‘family of funds’’ statutory that changing conditions in the to supplement the flow of private equity provision. American economy and a constantly evolving small business community and long-term loan funds to small Timetable: businesses whose capital needs are not compel it to seek ways to improve being met. Action Date FR Cite program efficiency for its Surety Bond Timetable: Guarantee (SBG) Program, and the NPRM ...... 10/05/15 80 FR 60077 business loan programs consisting of the Action Date FR Cite NPRM Comment 12/04/15 7(a) Loan Program, the Business Disaster Period End. Loan Programs (the Economic Injury NPRM ...... 02/03/16 81 FR 5666 Final Rule ...... 05/00/16 Disaster Loans, Reservist Injury Disaster NPRM Comment 03/04/16 Loans, Physical Disaster Business Period End. Regulatory Flexibility Analysis Loans, Immediate Disaster Assistance Final Rule ...... 09/00/16 Required: Yes. Program loans), the Microloan Program, Agency Contact: Theresa M. Jamerson, and the Development Company Program Regulatory Flexibility Analysis Senior Policy Advisor, Investment (the 504 Loan Program). As a result, Required: Yes. Division, Small Business SBA is simplifying guidelines for Agency Contact: Nate T. Yohannes, Administration, 409 3rd Street SW., determining affiliation for eligibility Senior Advisor, Office of Investments, Washington, DC 20461, Phone: 202 205– based on size as it relates to these Small Business Administration, 409 7563, Email: [email protected]. programs. This rule would redefine Third Street SW., Washington, DC RIN: 3245–AG67 affiliation for all five Programs, thereby 20416, Phone: 202 205–6714, Email: simplifying eligibility determinations. [email protected]. 257. Credit for Lower Tier Small Timetable: RIN: 3245–AG66 Business Subcontracting 256. Small Business Investment Legal Authority: Pub. L. 113–66, sec Action Date FR Cite 1614 Companies; Passive Business Expansion NPRM ...... 10/02/15 80 FR 59667 and Technical Clarifications Abstract: The U.S. Small Business NPRM Comment 12/01/15 Administration (SBA or Agency) is Legal Authority: 15 U.S.C. 681 et seq. Period End. amending its regulations to implement Abstract: The SBA is revising the Final Rule ...... 07/00/16 Section 1614 of the National Defense regulations for the Small Business Authorization Act (NDAA) of 2014, Regulatory Flexibility Analysis Investment Company (SBIC) program to Public Law 113–66, December 26, 2013. Required: Yes. further expand the use of Passive Under the statute, when an other than Agency Contact: Dianna L. Seaborn, Businesses and provide needed small prime contractor has an Acting Director, Office of Financial protections for SBA with regard to such individual subcontracting plan for a Assistance, Small Business investments. SBICs are generally contract, the large business may receive Administration, 409 Third Street SW., prohibited from investing in passive credit towards its small business Washington, DC 20416, Phone: 202 205– businesses under the Small Business subcontracting goals for subcontract 3645, Email: [email protected]. Investment Act of 1958 as amended as awards made to small business concerns RIN: 3245–AG73 well as by regulations. Current program at any tier. Currently, other than small regulations provided for two exceptions business prime contractors only report that allow an SBIC to structure an on their performance awarding investment utilizing a passive small SMALL BUSINESS ADMINISTRATION subcontracts to small businesses at the business as a pass-through. The first (SBA) first tier level. exception identified in 107.720(b)(2) Timetable: Long-Term Actions provides that an SBIC may structure an 259. Small Business Size Standards; investment utilizing two pass-through Action Date FR Cite entities to make an investment into an Alternative Size Standard for 7(a), 504, active business. The second exception NPRM ...... 10/06/15 80 FR 60300 and Disaster Loan Programs identified in 107.720(b)(3) allows NPRM Comment 12/07/15 Legal Authority: Pub. L. 111–240, sec partnership SBICs with SBA prior Period End. 1116 approval to invest in a wholly owned Final Rule ...... 09/00/16 Abstract: SBA will amend its size passive business that in turn provides eligibility criteria for Business Loans, financing to an active small business Regulatory Flexibility Analysis certified development company (CDC) only if a direct financing would cause Required: Yes. loans under title V of the Small its investors to incur Unrelated Business Agency Contact: Kenneth Dodds, Business Investment Act (504) and Taxable Income (UBTI). The second Director, Office of Government economic injury disaster loans (EIDL). exception is commonly known as a Contracting, Small Business For the SBA 7(a) Business Loan Program blocker corporation. The current rule Administration, 409 3rd Street SW., and the 504 program, the amendments creates unnecessary complications in Washington, DC 20416, Phone: 202 619– will provide an alternative size standard
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for loan applicants that do not meet the ‘‘Small Business Size Standards: 262. Small Business Size Standards: small business size standards for their Employee Based Size Standards for Industries With Employee Based Size industries. The Small Business Jobs Act Wholesale Trade and Retail Trade.’’ The Standards Not Part of Manufacturing, of 2010 (Jobs Act) established title was changed to make it clear that Wholesale Trade, or Retail Trade alternative size standards that apply to the rule also addresses industries with Legal Authority: 15 U.S.C. 632(a) both of these programs until SBA’s employee based size standards in Retail Abstract: This rule increases the Administrator establishes other Trade. employee-based size standards for 30 alternative size standards. For the Completed: industries and three exceptions and disaster loan program, the amendments decrease them for three industries that will provide an alternative size standard Reason Date FR Cite are not a part of NAICS Sector 31–33 for loan applicants that do not meet the (Manufacturing) Sector 42 (Wholesale Small Business Size Standard for their Final Rule ...... 01/25/16 81 FR 3941 Trade) and Sector 44–45 (Retail Trade). industries. These alternative size Final Rule Effec- 02/26/16 Additionally, SBA proposes to remove standards do not affect other Federal tive. the Information Technology Value Government programs, including Added Resellers exception under Federal procurement. Regulatory Flexibility Analysis NAICS 541519 (Other Computer Related Timetable: Required: Yes. Services) together with its 150-employee size standard. Similarly, SBA proposes Action Date FR Cite Agency Contact: Khem Raj Sharma, Phone: 202 205–7189, Fax: 202 205– to eliminate the Offshore Marine Air NPRM ...... To Be Determined 6390, Email: [email protected]. Transportation Services exception under NAICS 481211 and 481212 and RIN: 3245–AG49 Regulatory Flexibility Analysis Offshore Marine Services exception Required: Yes. 261. Small Business Size Standards for under NAICS Subsector 483 and their Agency Contact: Khem Raj Sharma, Manufacturing $30.5 million receipts based size Phone: 202 205–7189, Fax: 202 205– standard. As part of its comprehensive 6390, Email: [email protected]. Legal Authority: 15 U.S.C. 632(a) size standards review required by the RIN: 3245–AG16 Abstract: This rule increases Small Business Jobs Act of 2010 SBA employee based size standards for 209 evaluated 57 industries and five industries in North American Industry exceptions with employee based size Classification System (NAICS) Section standards that are not in NAICS Sectors SMALL BUSINESS ADMINISTRATION 31–33, Manufacturing. SBA also 31–33 42 or 4445. This is one of the (SBA) increases the refining capacity rules that examined industries grouped Completed Actions component of the Petroleum Refiners by an NAICS Sector. SBA has applied (NAICS 324110) size standard to its Size Standards Methodology, which 260. Small Business Size Standards: 200,000 barrels per calendar day total is available on its Web site at http:// Employee Based Size Standards in capacity for businesses that are www.sba.gov/size to this proposed rule. Wholesale Trade and Retail Trade primarily engaged in petroleum Please Note: The title for this rule has Legal Authority: 15 U.S.C. 632(a) refining. The rule also eliminates the been changed since it was first Abstract: The U.S. Small Business requirement that 90 percent of a announced in the Regulatory Agenda on Administration (SBA) published a rule refiner’s output being delivered should January 8, 2013 to add the words or to increase employee based size be refined by the bidder. As a part of its Retail Trade at the end of the previous standards in 46 industries in North comprehensive size standards review title. This change makes it clear that American Industry Classification required by the Small Business Jobs Act industries in the retail trade with System (NAICS) Sector 42, Wholesale of 2010, SBA evaluated all 364 employee based size standards are also Trade, and in one industry in Sector 44– industries in NAICS Sector 31–33 to not addressed in the rule. 45, Retail Trade. As a part of its determine whether their size standards Completed: comprehensive size standards review should be retained or revised. This is required by the Small Business Jobs Act one of the rules that examined Reason Date FR Cite of 2012, SBA reviewed all 71 industries industries grouped by an NAICS Sector. in Sector 42 and two industries with Final Rule ...... 01/26/16 81 FR 4436 SBA has applied its ‘‘Size Standards Final Rule Effec- 02/26/16 employee based size standards in Sector Methodology,’’ which is available on its tive. 44–45 to determine whether their size Web site at http://www.sba.gov/size, to standards should be retained or revised. this proposed rule. Regulatory Flexibility Analysis The revisions primarily affect eligibility Completed: Required: Yes. for SBA’s financial assistance programs. Agency Contact: Khem Raj Sharma, This is one of the rules that will Reason Date FR Cite Phone: 202 205–7189, Fax: 202 205– examine industries grouped by an 6390, Email: [email protected]. NAICS Sector. SBA has applied its Final Rule ...... 01/26/16 81 FR 4469 RIN: 3245–AG51 ‘‘Size Standards Methodology,’’ which Final Rule Effec- 02/26/16 is available on its Web site at http:// tive. 263. Small Business Size Standards: www.sba.gov/size, to this purposed rule. Inflation Adjustment to Monetary Based Size Standards SBA expects to publish the final rule in Regulatory Flexibility Analysis the near future. Required: Yes. Legal Authority: 15 U.S.C. 632(a) NOTE: The title for this rule has been Abstract: SBA issued a final rule with changed since the rule was first reported Agency Contact: Khem Raj Sharma, to adjust its monetary small business in the Regulatory Agenda on January 8, Phone: 202 205–7189, Fax: 202 205– size standards (i.e., receipts, net income, 2013, from ‘‘Small Business Size 6390, Email: [email protected]. net worth, and financial assets), for the Standards for Wholesale Trade’’ to RIN: 3245–AG50 effects of inflation that have occurred
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since the last inflation adjustment. The 264. Surety Bond Guarantee Program; of acceptable sureties, from at least $2 final rule aims to restore small business Miscellaneous Amendments million to at least $6.5 million. eligibility to businesses that have lost Legal Authority: 15 U.S.C. 694b Completed: their small business status due to Abstract: This rule will change the inflation. The Small Business Jobs Act regulations for SBA’s Surety Bond Reason Date FR Cite of 2010 (Jobs Act) requires SBA to Guarantee Program in four areas. First, review and adjust (as necessary) all size as a condition for participating in the Final Rule ...... 04/22/16 81 FR 23563 standards within five years of its Prior Approval and Preferred Programs, Final Rule Effec- 05/23/16 enactment. SBA’s Small Business Size the rule will clarify that a Surety must tive. Regulations at 13 CFR 121.102(c) directly employ underwriting and require the same quinquennial (or less) claims staffs sufficient to perform and Regulatory Flexibility Analysis review and adjustment. The rule did not manage these functions, and final Required: Yes. increase the $750,000 size standard for settlement authority for claims and Agency Contact: Barbara J. Brannan, agricultural enterprises, which is recovery is vested only in salaried established by the Small Business Act employees of the Surety. Second, the Phone: 202 205–6545, Email: (§ 3(a)(1)). The alternate size standard rule will provide that all costs incurred [email protected]. used in the 7(a) and 504 business loan by the Surety’s salaried claims staff are RIN: 3245–AG70 programs is unaffected by this ineligible for reimbursement by SBA, [FR Doc. 2016–12927 Filed 6–8–16; 8:45 am] adjustment. but the Surety may seek reimbursement BILLING CODE 8025–01–P Completed: for amounts paid for specialized services that are provided by outside Reason Date FR Cite consultants in connection with the Final Rule ...... 01/25/16 81 FR 3949 processing of a claim. Third, the rule Final Rule Effec- 01/25/16 will modify the criteria for determining tive. when a Principal that caused a Loss to SBA is ineligible for a bond guaranteed Regulatory Flexibility Analysis by SBA. Fourth, the rule will modify the Required: Yes. criteria for admitting Sureties to the Agency Contact: Khem Raj Sharma, Preferred Surety Bond Guarantee Phone: 202 205–7189, Fax: 202 205– Program by increasing the Surety’s 6390, Email: [email protected]. underwriting limitation, as certified by RIN: 3245–AG60 the U.S. Treasury Department on its list
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Part XXI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
Semiannual Regulatory Agenda
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DEPARTMENT OF DEFENSE Acquisition Regulations Council in FOR FURTHER INFORMATION CONTACT: compliance with Executive Order 12866 Hada Flowers, Division Director, GENERAL SERVICES ‘‘Regulatory Planning and Review.’’ Regulatory Secretariat Division, 1800 F ADMINISTRATION This agenda is being published to allow Street NW., Washington, DC 20405, or interested persons an opportunity to via telephone at 202–501–4755. NATIONAL AERONAUTICS AND participate in the rulemaking process. SUPPLEMENTARY INFORMATION: DoD, GSA, SPACE ADMINISTRATION The Regulatory Secretariat Division and NASA, under their several statutory authorities, jointly issue and maintain 48 CFR Ch. 1 has attempted to list all regulations pending at the time of publication, the FAR through periodic issuance of changes published in the Federal Semiannual Regulatory Agenda except for minor and routine or Register and produced electronically as repetitive actions; however, Federal Acquisition Circulars (FACs). AGENCY: Department of Defense (DoD), unanticipated requirements may result General Services Administration (GSA), The electronic version of the FAR, in the issuance of regulations that are including changes, can be accessed on and National Aeronautics and Space not included in this agenda. There is no Administration (NASA). the FAR Web site at http:// legal significance to the omission of an www.acquisition.gov/far. ACTION: Semiannual regulatory agenda. item from this listing. Dated: March 18, 2016. SUMMARY: This agenda provides Published proposed rules may be William Clark, reviewed in their entirety at the summary descriptions of regulations Director, Office of Government-wide, being developed by the Civilian Agency Government’s rulemaking Web site at Acquisition Policy, Office of Acquisition Acquisition Council and the Defense http://www.regulations.gov. Policy, Office of Government-wide Policy.
DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
265 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–014; Prohibition on Providing Funds to the Enemy 9000–AN03 266 ...... Federal Regulation Acquisition (FAR); FAR Case 2015–024, Public Disclosure of Greenhouse Gas Emis- 9000–AN20 sions and Reduction Goals-Representation.
DOD/GSA/NASA (FAR)—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
267 ...... Federal Acquisition Regulation (FAR); FAR Case 2011–001; Organizational Conflicts of Interest and Un- 9000–AL82 equal Access to Information. 268 ...... Federal Acquisition Regulation (FAR); FAR Case 2010–013; Privacy Training ...... 9000–AM02 269 ...... Federal Acquisition Regulation (FAR); FAR Case 2011–020; Basic Safeguarding of Contractor Information 9000–AM19 Systems. 270 ...... Federal Acquisition Regulation (FAR); FAR Case 2012–022; Contracts Under the Small Business Admin- 9000–AM68 istration 8(a) Program. 271 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–012; Limitation on Allowable Government Con- 9000–AM75 tractor Compensation Costs. 272 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–025; Fair Pay and Safe Workplaces ...... 9000–AM81 273 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–026; High Global Warming Potential 9000–AM87 Hydrofluorocarbons. 274 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–003; Small Business Subcontracting Improve- 9000–AM91 ments. 275 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–015; Consolidation and Bundling ...... 9000–AM92 276 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–016; Prohibition on Reimbursement for Congres- 9000–AM97 sional Investigations and Inquiries. 277 ...... Federal Acquisition Regulation (FAR); FAR Case 2014–004; Payment of Subcontractors ...... 9000–AM98 278 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–012; Contractor Employee Internal Confidentiality 9000–AN04 Agreements. 279 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–011; Prohibition on Contracting With Corporations 9000–AN05 With Delinquent Taxes or a Felony Conviction. 280 ...... Federal Acquisition Regulation; FAR Case 2015–020, Simplified Acquisition Threshold for Overseas Ac- 9000–AN09 quisitions in Support of Humanitarian or Peacekeeping Operations. 281 ...... Federal Acquisition Regulation (FAR); FAR Case 2016–007; Non-Retaliation for Disclosure of Compensa- 9000–AN10 tion Information. 282 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–032, Sole Source Contracts for Women-Owned 9000–AN13 Small Businesses. 283 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–036, Updating Federal Contractor Reporting of 9000–AN14 Veterans’ Employment.
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DOD/GSA/NASA (FAR)—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
284 ...... Federal Acquisition Regulation (FAR); FAR Case 2013–015; Pilot Program for Enhancement of Con- 9000–AM56 tractor Employee Whistleblower Protections. 285 ...... Federal Acquisition Regulation (FAR); FAR Case 2013–020; Information on Corporate Contractor Per- 9000–AM74 formance and Integrity. 286 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–003; Establishing a Minimum Wage for Contrac- 9000–AM82 tors. 287 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–019; Definition of Multiple Award Contract ...... 9000–AM96 288 ...... Federal Acquisition Regulation (FAR); FAR Case 2015–013; Further Amendment to Equal Employment 9000–AN01 Opportunity (EEO).
DEPARTMENT OF DEFENSE/ emissions and greenhouse gas reduction developed as a result of a review GENERAL SERVICES goals or targets. This information will conducted in accordance with section ADMINISTRATION/NATIONAL help the Government assess supplier 841 by the Civilian Agency Acquisition AERONAUTICS AND SPACE greenhouse gas management practices Council, the Defense Acquisition ADMINISTRATION (FAR) and assist agencies in developing Regulations Council, and the Office of strategies to engage with contractors to Federal Procurement Policy, in Proposed Rule Stage reduce supply chain emissions, as consultation with the Office of 265. Federal Acquisition Regulation directed in the Executive Order on Government Ethics. The proposed rule (FAR); FAR Case 2015–014; Prohibition Planning for Federal Sustainability in was preceded by an Advance Notice of on Providing Funds to the Enemy the Next Decade. Proposed Rulemaking, under FAR Case Legal Authority: 40 U.S.C. 121(c); 10 Timetable: 2007–018 (73 FR 15962), to gather U.S.C. ch 137; 51 U.S.C. 20113 comments from the public with regard Abstract: DoD, GSA, and NASA are Action Date FR Cite to whether and how to improve the FAR coverage on OCIs. This case is included proposing to amend the Federal NPRM ...... 06/00/16 Acquisition Regulation (FAR) to in the FAR retrospective review of existing regulations under Executive implement subtitle E of title VIII of the Regulatory Flexibility Analysis Order 13563. Additional information is Carl Levin and Howard P. ‘Buck’ Required: Yes. McKeon National Defense Authorization Agency Contact: Chuck Gray, Program located in the FAR final plan (2016), Act (NDAA) for fiscal year (FY) 2015, Analyst, DOD/GSA/NASA (FAR), 1800 available at: https:// which prohibits providing funds to the F Street NW., Washington, DC 20405, www.acquisition.gov/. Timetable: enemy. It also provides additional Phone: 202 208–6766. access to records to the extent necessary RIN: 9000–AN20 to ensure that funds available under the Action Date FR Cite contract are not made available to the NPRM ...... 04/26/11 76 FR 23236 enemy. DEPARTMENT OF DEFENSE/ NPRM Comment 06/27/11 Timetable: Period End. GENERAL SERVICES NPRM Comment 06/29/11 76 FR 38089 Action Date FR Cite ADMINISTRATION/NATIONAL Period Ex- AERONAUTICS AND SPACE tended. NPRM ...... 07/00/16 ADMINISTRATION (FAR) NPRM Comment 07/27/11 Period Ex- Regulatory Flexibility Analysis Final Rule Stage tended End. Required: Yes. 267. Federal Acquisition Regulation Final Rule ...... 09/00/16 Agency Contact: Cecelia L. Davis, (FAR); FAR Case 2011–001; Procurement Analyst, DOD/GSA/NASA Organizational Conflicts of Interest and Regulatory Flexibility Analysis (FAR), 1800 F Street NW., Washington, Unequal Access to Information Required: Yes. DC 20405, Phone: 202 219–0202, Email: Agency Contact: Cecelia L. Davis, [email protected]. Legal Authority: 40 U.S.C. 121(c); 10 Procurement Analyst, DOD/GSA/NASA RIN: 9000–AN03 U.S.C. ch 137; 51 U.S.C. 20113 (FAR), 1800 F Street NW., Washington, Abstract: DoD, GSA, and NASA are • DC 20405, Phone: 202 219–0202, Email: 266. Federal Regulation Acquisition issuing a final rule amending the (FAR); FAR Case 2015–024, Public [email protected]. Federal Acquisition Regulation (FAR) to RIN: 9000–AL82 Disclosure of Greenhouse Gas provide revised regulatory coverage on Emissions and Reduction Goals— organizational conflicts of interest 268. Federal Acquisition Regulation Representation (OCIs), and add related provisions and (FAR); FAR Case 2010–013; Privacy Legal Authority: 40 U.S.C. 121(c); 10 clauses. Coverage on contractor access Training U.S.C. chapter 137; 51 U.S.C. 20113 to protected information has been Legal Authority: 40 U.S.C. 121(c); 10 Abstract: DoD, GSA, and NASA are moved to a new proposed rule, FAR U.S.C. ch 137; 51 U.S.C. 20113 proposing to amend the Federal Case 2012–029 now FAR Case 2014– Abstract: DoD, GSA, and NASA are Acquisition Regulation (FAR) to create 021. Section 841 of the Duncan Hunter issuing a final rule to amend the Federal an annual representation within the National Defense Authorization Act for Acquisition Regulation (FAR) to ensure System for Award Management for fiscal year 2009 (Pub. L. 110–417) that all contractors are required to vendors to indicate if and where they required a review of the FAR coverage complete training in the protection of publicly disclose greenhouse gas on OCIs. The proposed rule was privacy and the handling and
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safeguarding of Personally Identifiable 270. Federal Acquisition Regulation Action Date FR Cite Information (PII). The proposed FAR (FAR); FAR Case 2012–022; Contracts language provides flexibility for Under the Small Business Final Rule ...... 09/00/16 agencies to conduct the privacy training Administration 8(a) Program Regulatory Flexibility Analysis or require the contractor to conduct the Legal Authority: 40 U.S.C. 121(c); 10 privacy training. This case is included Required: Yes. U.S.C. ch 137; 51 U.S.C. 20113 Agency Contact: Kathy Hopkins, in the FAR retrospective review of Abstract: DoD, GSA, and NASA are Procurement Analyst, DOD/GSA/NASA existing regulations under Executive issuing a final rule to amend the Federal (FAR), 1800 F Street NW., Washington, Order 13563. Additional information is Acquisition Regulation (FAR) to DC 20405, Phone: 202 969–7226, Email: located in the FAR final plan (2016), implement revisions made by the Small [email protected]. available at: https:// Business Administration to its RIN: 9000–AM75 www.acquisition.gov/. regulations implementing section 8(a) of Timetable: the Small Business Act, and to provide 272. Federal Acquisition Regulation additional FAR coverage regarding (FAR); FAR Case 2014–025; Fair Pay Action Date FR Cite protesting an 8(a) participant’s and Safe Workplaces eligibility or size status, procedures for Legal Authority: 40 U.S.C. 121(c); 10 NPRM ...... 10/14/11 76 FR 63896 releasing a requirement for non-8(a) NPRM Comment 12/13/11 U.S.C. ch 137; 51 U.S.C. 20113 procurements, and the ways a Abstract: DoD, GSA, and NASA are Period End. participant could exit the 8(a) Business Final Rule ...... 06/00/16 issuing a final rule amending the Development program. Federal Acquisition Regulation which Timetable: implements Executive Order 13673, Fair Regulatory Flexibility Analysis Pay and Safe Workplaces, seeks to Action Date FR Cite Required: Yes. increase efficiency in the work Agency Contact: Charles Gray, NPRM ...... 02/03/14 79 FR 6135 performed by Federal contractors by Procurement Analyst, DOD/GSA/NASA NPRM Comment 04/14/14 ensuring that they understand and (FAR), 1800 F Street NW., Washington, Period End. comply with labor laws designed to DC 20405, Phone: 202 208–6726. Final Rule ...... 07/00/16 promote safe, healthy, fair and effective RIN: 9000–AM02 workplaces. Regulatory Flexibility Analysis Timetable: 269. Federal Acquisition Regulation Required: Yes. (FAR); FAR Case 2011–020; Basic Agency Contact: Mahruba Uddowla, Action Date FR Cite Safeguarding of Contractor Information Procurement Analyst, DOD/GSA/NASA Systems (FAR), 1800 F Street NW., Washington, NPRM ...... 05/28/15 80 FR 30548 DC 20405, Phone: 703 605–2868, Email: NPRM Comment 07/27/15 Legal Authority: 40 U.S.C. 121(c); 10 [email protected]. Period End. U.S.C. ch 137; 51 U.S.C. 20113 RIN: 9000–AM68 NPRM Comment 07/14/15 80 FR 40968 Period Ex- Abstract: DoD, GSA, and NASA are 271. Federal Acquisition Regulation tended. issuing a final rule amending the (FAR); FAR Case 2014–012; Limitation NPRM Comment 08/11/15 Federal Acquisition Regulation (FAR) to on Allowable Government Contractor Period Ex- add a new subpart and contract clause Compensation Costs tended End. for the basic safeguarding of contractor NPRM Comment 08/05/15 80 FR 46531 information systems that contain, Legal Authority: 40 U.S.C. 121(c); 10 Period Ex- transmit, or process Federal contract U.S.C. ch 137; 51 U.S.C. 20113 tended. Abstract: DoD, GSA and NASA are NPRM Comment 08/26/15 information. This case is included in the issuing a final rule amending the Period Ex- FAR retrospective review of existing Federal Acquisition Regulation to tended End. regulations under Executive Order implement section 702 of the Bipartisan Final Rule ...... 08/00/16 13563. Additional information is Budget Act of 2013. In accordance with located in the FAR final plan (2016), section 702, the interim rule revises the Regulatory Flexibility Analysis available at: https:// allowable cost limit relative to the Required: Yes. www.acquisition.gov/. Agency Contact: Edward Loeb, compensation of contractor and Program Manager, DOD/GSA/NASA Timetable: subcontractor employees. Also, in (FAR), 1800 F Street NW., Washington, accordance with section 702, this DC 20405, Phone: 202 501–0650, Email: Action Date FR Cite interim rule implements the possible [email protected]. exception to this allowable cost limit for NPRM ...... 08/24/12 77 FR 51496 RIN: 9000–AM81 narrowly targeted scientists, engineers, NPRM Comment 10/23/12 Period End. or other specialists upon an agency 273. Federal Acquisition Regulation Final Rule ...... 05/00/16 determination that such exceptions are (FAR); FAR Case 2014–026; High needed to ensure that the executive Global Warming Potential agency has continued access to needed Hydrofluorocarbons Regulatory Flexibility Analysis skills and capabilities. Required: Yes. Legal Authority: 40 U.S.C. 121(c); 10 Timetable: U.S.C. ch 137; 51 U.S.C. 20113 Agency Contact: Cecelia L. Davis, Abstract: DDoD, GSA, and NASA are Action Date FR Cite Procurement Analyst, DOD/GSA/NASA issuing a final rule amending the (FAR), 1800 F Street NW., Washington, Federal Acquisition Regulation (FAR) to DC 20405, Phone: 202 219–0202, Email: Interim Final Rule 06/24/14 79 FR 35865 Interim Final Rule 08/25/14 implement Executive branch policy in [email protected]. Comment Pe- the President’s Climate Action Plan to RIN: 9000–AM19 riod End. procure, when feasible, alternatives to
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high global warming potential (GWP) Acquisition Regulation (FAR) to Acquisition Regulation (FAR) to hydrofluorocarbons (HFCs). This final implement sections of the Small implement a section of the Small rule will allow agencies to better meet Business Jobs Act of 2010 and Business Jobs Act of 2010. This statute the greenhouse gas emission reduction regulatory changes made by the Small requires contractors to notify the goals and reporting requirements of the Business Administration, which provide contracting officer in writing if the Executive Order on Planning for for a Governmentwide policy on contractor pays a reduced price to a Sustainability in the Next Decade. consolidation and bundling. Additional small business subcontractor, or if the Timetable: information is located in the FAR final contractor’s payment to a small business plan (2016), available at: https:// contractor is more than 90 days past Action Date FR Cite www.acquisition.gov/. due. Additional information is located Timetable: NPRM ...... 05/11/15 80 FR 26883 in the FAR final plan (2016), available NPRM Comment 07/10/15 at: https://www.acquisition.gov/. Period End. Action Date FR Cite Timetable: Final Rule ...... 05/00/16 NPRM ...... 06/03/15 80 FR 31561 Action Date FR Cite NPRM Comment 08/03/15 Regulatory Flexibility Analysis Period End. NPRM ...... 01/20/16 81 FR 3087 Required: Yes. Final Rule ...... 07/00/16 Agency Contact: Charles Gray, NPRM Comment 03/21/16 Procurement Analyst, DOD/GSA/NASA Period End. Regulatory Flexibility Analysis Final Rule ...... 09/00/16 (FAR), 1800 F Street NW., Washington, Required: Yes. DC 20405, Phone: 202 208–6726. Agency Contact: Mahruba Uddowla, RIN: 9000–AM87 Regulatory Flexibility Analysis Procurement Analyst, DOD/GSA/NASA Required: Yes. 274. Federal Acquisition Regulation (FAR), 1800 F Street NW., Washington, Agency Contact: Curtis Glover, (FAR); FAR Case 2014–003; Small DC 20405, Phone: 703 605–2868, Email: Procurement Analyst, DOD/GSA/NASA Business Subcontracting Improvements [email protected]. (FAR), 1800 F Street NW., Washington, Legal Authority: 40 U.S.C. 121(c); 10 RIN: 9000–AM92 DC 20405, Phone: 202 501–1448, Email: U.S.C. ch 137; 51 U.S.C. 20113 276. Federal Acquisition Regulation [email protected]. Abstract: DoD, GSA, and NASA are (FAR); FAR Case 2015–016; Prohibition RIN: 9000–AM98 issuing a final rule to amend the Federal on Reimbursement for Congressional 278. Federal Acquisition Regulation Acquisition Regulation (FAR) to Investigations and Inquiries (FAR); FAR Case 2015–012; Contractor implement regulatory changes made by Employee Internal Confidentiality the Small Business Administration Legal Authority: 40 U.S.C. 121(c); 10 Agreements (SBA) in its final rule, concerning small U.S.C. ch 137; 51 U.S.C. 20113 Abstract: DoD, GSA, and NASA are business subcontracting. Among other Legal Authority: 40 U.S.C. 121(c); 10 issuing a final rule to amend the Federal things, SBA’s final rule implements the U.S.C. ch 137; 51 U.S.C. 20113 Acquisition Regulation (FAR) to statutory requirements set forth at Abstract: DoD, GSA, and NASA are implement section 857 of the Carl Levin sections 1321 and 1322 of the Small issuing a final rule to amend the Federal and Howard P. ‘Buck’ McKeon National Business Jobs Act of 2010. This case is Acquisition Regulation (FAR) to Defense Authorization Act for Fiscal included in the FAR retrospective implement a section of the Consolidated Year 2015. This section provides review of existing regulations under and Further Continuing Appropriations additional requirements relative to the Executive Order 13563. Additional Act, 2015, that prohibits the use of allowability of costs incurred by a information is located in the FAR final funds, appropriated or otherwise made contractor in connection with a plan (2016), available at: https:// available, for a contract with an entity congressional investigation or inquiry. www.acquisition.gov/. Timetable: that requires employees or Timetable: subcontractors to sign an internal Action Date FR Cite confidentiality agreement that restricts Action Date FR Cite such employees or subcontractors from NPRM ...... 06/10/15 80 FR 32909 NPRM ...... 02/17/16 81 FR 8031 lawfully reporting waste, fraud, or abuse NPRM Comment 08/10/15 NPRM Comment 04/18/16 to a designated Government Period End. Period End. representative authorized to receive Final Rule ...... 07/00/16 Final Rule ...... 03/00/17 such information. Timetable: Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: Yes. Required: Yes. Action Date FR Cite Agency Contact: Mahruba Uddowla, Agency Contact: Kathy Hopkins, Procurement Analyst, DOD/GSA/NASA Procurement Analyst, DOD/GSA/NASA NPRM ...... 01/22/16 81 FR 3763 (FAR), 1800 F Street NW., Washington, (FAR), 1800 F Street NW., Washington, NPRM Comment 03/22/16 DC 20405, Phone: 703 605–2868, Email: DC 20405, Phone: 202 969–7226, Email: Period End. Final Rule ...... 08/00/16 [email protected]. [email protected]. RIN: 9000–AM91 RIN: 9000–AM97 Regulatory Flexibility Analysis 275. Federal Acquisition Regulation 277. Federal Acquisition Regulation Required: Yes. (FAR); FAR Case 2014–015; (FAR); FAR Case 2014–004; Payment of Agency Contact: Cecelia L. Davis, Consolidation and Bundling Subcontractors Procurement Analyst, DOD/GSA/NASA Legal Authority: 40 U.S.C. 121(c); 10 Legal Authority: 40 U.S.C. 121(c); 10 (FAR), 1800 F Street NW., Washington, U.S.C. ch 137; 51 U.S.C. 20113 U.S.C. ch 137; 51 U.S.C. 20113 DC 20405, Phone: 202 219–0202, Email: Abstract: DoD, GSA, and NASA are Abstract: DoD, GSA, and NASA are [email protected]. issuing a final rule to amend the Federal issuing a final rule to amend the Federal RIN: 9000–AN04
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279. Federal Acquisition Regulation Regulatory Flexibility Analysis Action Date FR Cite (FAR); FAR Case 2015–011; Prohibition Required: Yes. on Contracting With Corporations With Agency Contact: Ms. Camara Francis, Interim Final Rule 02/29/16 Delinquent Taxes or a Felony Procurement Analyst, DOD/GSA/NASA Comment Pe- Conviction (FAR), 1800 F Street NW., Washington, riod End. DC 20405, Phone: 202 550–0935, Email: Final Rule ...... 07/00/16 Legal Authority: 40 U.S.C. 121(c); 10 [email protected]. U.S.C. ch 137; 51 U.S.C. 20113 RIN: 9000–AN09 Regulatory Flexibility Analysis Abstract: DoD, GSA, and NASA are Required: Yes. • issuing a final rule amending the 281. Federal Acquisition Regulation Agency Contact: Mahruba Uddowla, Federal Acquisition Regulation (FAR) to (FAR); FAR Case 2016–007; Non- Procurement Analyst, DOD/GSA/NASA implement sections of the Consolidated Retaliation for Disclosure of (FAR), 1800 F Street NW., Washington, and Further Continuing Appropriations Compensation Information DC 20405, Phone: 703 605–2868. Act, 2015, to prohibit the Federal Legal Authority: 40 U.S.C. 121(c); 10 RIN: 9000–AN13 Government from entering into a U.S.C. ch 137; 51 U.S.C. 20113 283. • Federal Acquisition Regulation contract with any corporation having a Abstract: DoD, GSA, and NASA are (FAR); FAR Case 2015–036, Updating delinquent Federal tax liability or a issuing an interim rule amending the Federal Contractor Reporting of felony conviction under any Federal Federal Acquisition Regulation (FAR) to Veterans’ Employment law, unless the agency has considered implement Executive Order (E.O.) suspension or debarment of the 13665, entitled, Non-Retaliation for Legal Authority: 40 U.S.C. 121(c); 10 corporation and has made a Disclosure of Compensation U.S.C. ch. 137; 51 U.S.C. 20113 determination that this further action is Information,’’ and a final rule issued by Abstract: DoD, GSA, and NASA are not necessary to protect the interests of the Department of Labor at 41 CFR part issuing a final rule amending the the Government. 60–1. Federal Acquisition Regulation (FAR) to Timetable: Timetable: implement a final rule issued by the Department of Labor’s (DOL) Veterans’ Action Date FR Cite Action Date FR Cite Employment and Training Service (VETS), which replaced the VETS–100A Interim Final Rule 12/04/15 80 FR 75903 Interim Final Rule 07/00/16 Federal Contractor Veterans’ Interim Final Rule 02/02/16 Employment Report forms with the new Comment Pe- Regulatory Flexibility Analysis VETS–4212, Federal Contractor riod End. Required: Yes. Veterans’ Employment Report form. Interim Final Rule 02/26/16 Agency Contact: Zenaida Delgado, Timetable: Effective. DOD/GSA/NASA (FAR), 1800 F Street Final Rule ...... 08/00/16 NW., Washington, DC 20405, Phone: Action Date FR Cite 202 969–7207, Email: zenaida.delgado@ Regulatory Flexibility Analysis gsa.gov. Interim Final Rule 12/04/15 80 FR 75908 Required: Yes. RIN: 9000–AN10 Interim Final Rule 02/02/16 Agency Contact: Cecelia L. Davis, Comment Pe- 282. Federal Acquisition Regulation Procurement Analyst, DOD/GSA/NASA riod End. (FAR); FAR Case 2015–032, Sole Source (FAR), 1800 F Street NW., Washington, Interim Final Rule 02/26/16 Contracts for Women-Owned Small Effective. DC 20405, Phone: 202 219–0202, Email: Businesses Final Rule ...... 07/00/16 [email protected]. Legal Authority: 40 U.S.C. 121(c); 10 RIN: 9000–AN05 Regulatory Flexibility Analysis U.S.C. ch 137; 51 U.S.C. 20113 Required: Yes. 280. Federal Acquisition Regulation; Abstract: DoD, GSA, and NASA are Agency Contact: Edward Loeb, FAR Case 2015–020, Simplified issuing a final rule amending the Program Manager, DOD/GSA/NASA Acquisition Threshold for Overseas Federal Acquisition Regulation (FAR) to (FAR), 1800 F Street NW., Washington, Acquisitions in Support of implement regulatory changes made by DC 20405, Phone: 202 501–0650, Email: Humanitarian or Peacekeeping the Small Business Administration, [email protected]. Operations which provide for authority to award RIN: 9000–AN14 Legal Authority: 40 U.S.C. 121(c); 10 sole source contracts to economically U.S.C. chapter 137; 51 U.S.C. 20113 disadvantaged women-owned small Abstract: DoD, GSA, and NASA are business concerns and to women-owned issuing a final rule to amend the Federal small business concerns eligible under DEPARTMENT OF DEFENSE/ Acquisition Regulation (FAR) to the Women-Owned Small Business GENERAL SERVICES implement 41 U.S.C. 153, which Program. This case is included in the ADMINISTRATION/NATIONAL establishes a higher simplified FAR retrospective review of existing AERONAUTICS AND SPACE acquisition threshold for overseas regulations under Executive Order ADMINISTRATION (FAR) 13563. Additional information is acquisitions in support of humanitarian Completed Actions or peacekeeping operations. located in the FAR final plan (2016), available at: https:// 284. Federal Acquisition Regulation Timetable: www.acquisition.gov/. (FAR); FAR Case 2013–015; Pilot Action Date FR Cite Timetable: Program for Enhancement of Contractor Employee Whistleblower Protections Action Date FR Cite NPRM ...... 10/08/15 80 FR 60832 Legal Authority: 40 U.S.C. 121(c); 10 NPRM Comment 12/07/15 U.S.C. ch 137; 51 U.S.C. 20113 Period End. Interim Final Rule 12/31/15 80 FR 81888 Final Rule ...... 05/00/16 Interim Final Rule 12/31/15 Abstract: DoD, GSA, and NASA Effective. issued a final rule of the Federal
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Acquisition Regulation to implement a 286. Federal Acquisition Regulation Reason Date FR Cite statutory pilot program whistleblower (FAR); FAR Case 2015–003; protections for enhancement of Establishing a Minimum Wage for Final Rule Effec- 02/01/16 contractor employee. Contractors tive. Completed: Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 51 U.S.C. 20113 Regulatory Flexibility Analysis Reason Date FR Cite Required: Yes. Abstract: DoD, GSA, and NASA Final Rule ...... 12/04/15 80 FR 75911 issued a final rule amending the Federal Agency Contact: Mahruba Uddowla, Final Rule Effec- 12/04/15 Acquisition Regulation (FAR) to Phone: 703 605–2868, Email: tive. implement Executive Order 13658, [email protected]. Establishing a Minimum Wage for RIN: 9000–AM96 Regulatory Flexibility Analysis Contractors, and a final rule issued by Required: Yes. the Department of Labor (DOL) at 29 288. Federal Acquisition Regulation Agency Contact: Cecelia L. Davis, CFR part 10. This case is included in the (FAR); FAR Case 2015–013; Further Phone: 202 219–0202, Email: FAR retrospective review of existing Amendment to Equal Employment [email protected]. regulations under Executive Order Opportunity (EEO) RIN: 9000–AM56 13563. Additional information is located in the FAR final plan (2015), Legal Authority: 40 U.S.C. 121(c); 10 285. Federal Acquisition Regulation available at: https:// U.S.C. ch 137; 51 U.S.C. 20113 (FAR); FAR Case 2013–020; www.acquisition.gov/. Abstract: DoD, GSA, and NASA have Information on Corporate Contractor adopted as final, without change, an Performance and Integrity Completed: interim rule amending the Federal Legal Authority: 40 U.S.C. 121(c); 10 Reason Date FR Cite Acquisition Regulation (FAR) to U.S.C. ch 137; 51 U.S.C. 20113 implement Executive Order 13672, Final Rule ...... 12/04/15 80 FR 75915 Abstract: DoD, GSA, and NASA entitled, Further Amendments to issued a final rule amending the Federal Final Rule Effec- 12/04/15 tive. Executive Order 11487, Equal Acquisition Regulation to implement a Employment Opportunity in the Federal section of the National Defense Regulatory Flexibility Analysis Government, and Executive Order Authorization Act for Fiscal Year 2013 11246, Equal Employment to include in the Federal Awardee Required: Yes. Agency Contact: Edward Loeb, Phone: Opportunity,’’ and a final rule issued by Performance and Integrity Information the Department of Labor at 41 CFR part System, to the extent practicable, 202 501–0650, Email: edward.loeb@ 60. identification of any immediate owner gsa.gov. or subsidiary, and all predecessors of an RIN: 9000–AM82 Completed: offeror that held a Federal contract or 287. Federal Acquisition Regulation Reason Date FR Cite grant within the last three years. The (FAR); FAR Case 2015–019; Definition objective is to provide a more of Multiple Award Contract comprehensive understanding of the Final Rule ...... 11/04/15 80 FR 75907 Legal Authority: 40 U.S.C. 121(c); 10 Final Rule Effec- 12/04/15 performance and integrity of the tive. corporation in awarding Federal U.S.C. ch 137; 51 U.S.C. 20113 contracts. Abstract: DoD, GSA, and NASA Completed: issued a final rule to amend the Federal Regulatory Flexibility Analysis Acquisition Regulation to implement Required: Yes. Reason Date FR Cite section 1311 of the Small Business Jobs Agency Contact: Edward Loeb, Phone: Act of 2010 and Small Business 202 501–0650, Email: edward.loeb@ Final Rule ...... 03/07/16 81 FR 11988 Administration implementing gsa.gov. Final Rule Effec- 04/06/16 regulations. Section 1311 provided a tive. new definition of the term ‘‘multiple RIN: 9000–AN01 award contract’’ in the Small Business [FR Doc. 2016–12928 Filed 6–8–16; 8:45 am] Regulatory Flexibility Analysis Act at 15 U.S.C. 632. BILLING CODE 5001–EP–P Required: Yes. Completed: Agency Contact: Cecelia L. Davis, Phone: 202 219–0202, Email: Reason Date FR Cite [email protected]. RIN: 9000–AM74 Final Rule ...... 12/31/15 80 FR 81887
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Part XXII
Commodity Futures Trading Commission
Semiannual Regulatory Agenda
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COMMODITY FUTURES TRADING SUPPLEMENTARY INFORMATION: The it presently expects may be considered COMMISSION Regulatory Flexibility Act (RFA), 5 during the course of the next year. U.S.C. 601, et seq., includes a Subject to a determination for each rule, 17 CFR Ch. I requirement that each agency publish it is possible as a general matter that semiannually in the Federal Register a some of these rules may have some Regulatory Flexibility Agenda regulatory flexibility agenda. Such impact on small entities.1 The agendas are to contain the following Commission notes also that, under the AGENCY: Commodity Futures Trading elements, as specified in 5 U.S.C. 602(a): Commission. RFA, it is not precluded from 1. A brief description of the subject considering or acting on a matter not ACTION: Semiannual regulatory agenda. area of any rule that the agency expects included in the regulatory flexibility to propose or promulgate, which is agenda, nor is it required to consider or likely to have a significant economic SUMMARY: The Commodity Futures act on any matter that is listed in the impact on a substantial number of small Trading Commission (Commission), in agenda. See 5 U.S.C. 602(d). accordance with the requirements of the entities; Regulatory Flexibility Act, is publishing 2. A summary of the nature of any The Commission’s spring 2016 a semiannual agenda of rulemakings such rule under consideration for each regulatory flexibility agenda is included that the Commission expects to propose subject area listed in the agenda, the in the Unified Agenda of Federal or promulgate over the next year. The objectives and legal basis for the Regulatory and Deregulatory Actions. Commission welcomes comments from issuance of the rule, and an approximate The complete Unified Agenda will be small entities and others on the agenda. schedule for completing action on any available online at www.reginfo.gov, in rule for which the agency has issued a a format that offers users enhanced FOR FURTHER INFORMATION CONTACT: general notice of proposed rulemaking; ability to obtain information from the Christopher J. Kirkpatrick, Secretary of and Agenda database. the Commission, (202) 418–5964, 3. The name and telephone number of [email protected], Commodity an agency official knowledgeable about Issued in Washington, DC, on April 5, Futures Trading Commission, Three the items listed in the agenda. 2016, by the Commission. Lafayette Centre, 1155 21st Street NW., Accordingly, the Commission has Robert N. Sidman, Washington, DC 20581. prepared an agenda of rulemakings that Deputy Secretary of the Commission.
COMMODITY FUTURES TRADING COMMISSION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
289 ...... Regulation Automated Trading ...... 3038–AD52
COMMODITY FUTURES TRADING COMMISSION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
290 ...... Trade Options ...... 3038–AE26
COMMODITY FUTURES TRADING The comment period is open through Action Date FR Cite COMMISSION (CFTC) March 16, 2016. Staff will review ANPRM Comment 02/14/14 Final Rule Stage comments and consider next steps for regulatory action in this area, including Period Ex- 289. Regulation Automated Trading tended End. the possibility of a final rulemaking in NPRM ...... 12/17/15 80 FR 78824 Legal Authority: 7 U.S.C. 1a(23), 7 one or more areas discussed in NPRM Comment 03/16/16 U.S.C. 6c(a); 7 U.S.C. 7(d); and 7 U.S.C. Regulation AT. Period End. 12(a)(5) Timetable: Final Action ...... 08/00/16 Final Action Effec- 10/00/16 Abstract: On December 17, 2015, the tive. Commission published a notice of Action Date FR Cite proposed rulemaking titled Regulation Automated Trading (‘‘Regulation AT’’). ANPRM ...... 09/12/13 78 FR 56542 Regulatory Flexibility Analysis Regulation AT proposes a series of risk ANPRM Comment 12/11/13 Required: Yes. Period End. controls, transparency measures and Agency Contact: Marilee Dahlman, ANPRM Comment 01/24/14 79 FR 4104 other safeguards to enhance the Period Ex- Special Counsel, Division of Market regulatory regime for automated trading tended. Oversight, Commodity Futures Trading on U.S. designated contract markets. Commission, Three Lafayette Centre,
1 The Commission published its definition of a has previously certified, under section 605 of the Commission has chosen to publish an agenda that ‘‘small entity’’ for purposes of rulemaking RFA, 5 U.S.C. 605, that those items will not have includes significant and other substantive rules, proceedings at 47 FR 18618 (April 30, 1982). a significant economic impact on a substantial regardless of their potential impact on small Pursuant to that definition, the Commission is not number of small entities. For these reasons, the entities, to provide the public with broader notice required to list—but nonetheless does—many of the listing of a rule in this regulatory flexibility agenda of new or revised regulations the Commission may items contained in this regulatory flexibility should not be taken as a determination that the rule, agenda. See also 5 U.S.C. 602(a)(1). Moreover, for when proposed or promulgated, will in fact require consider and to enhance the public’s opportunity to certain items listed in this agenda, the Commission a regulatory flexibility analysis. Rather, the participate in the rulemaking process.
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1155 21st Street NW., Washington, DC Abstract: The Commission has Reason Date FR Cite 20581, Phone: 202 418–5264, Email: amended the trade option exemption in [email protected]. 32.3 of its regulations in the following Final Action ...... 03/21/16 81 FR 14966 RIN: 3038–AD52 subject areas: (1) Reporting Final Action Effec- 03/21/16 tive. requirements for trade option counterparties that are not swap dealers Regulatory Flexibility Analysis COMMODITY FUTURES TRADING or major swap participants; (2) Required: Yes. COMMISSION (CFTC) recordkeeping requirements for trade Agency Contact: David Pepper, option counterparties that are not swap Completed Actions Phone: 202 418–5565, Email: dpepper@ dealers or major swap participants; and cftc.gov. 290. Trade Options (3) certain technical amendments. RIN: 3038–AE26 Legal Authority: CEA secs 4(c)(b) and Completed: [FR Doc. 2016–12930 Filed 6–8–16; 8:45 am] 8(a)(5) BILLING CODE 6351–01–P
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Part XXIII
Bureau of Consumer Financial Protection
Semiannual Regulatory Agenda
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BUREAU OF CONSUMER FINANCIAL 2017.1 Among the Bureau’s more from other stakeholders in the last year PROTECTION significant regulatory efforts are the to obtain feedback on the proposals. following. This rulemaking builds on Bureau 12 CFR CH. X research, including a white paper the Bureau Regulatory Efforts in Various Bureau published on these products in Consumer Markets Semiannual Regulatory Agenda April 2013, a data point providing The Bureau is working on a number AGENCY: Bureau of Consumer Financial additional research in March 2014, and of rulemakings to address important Protection. ongoing analysis. consumer protection issues in a wide The Bureau also expects to issue a ACTION: Semiannual regulatory agenda. variety of markets for consumer final rule in early summer to create a financial products and services. SUMMARY: The Bureau of Consumer comprehensive set of consumer For example, the Bureau is preparing protections for prepaid financial Financial Protection (CFPB or Bureau) is to issue a Notice of Proposed publishing this agenda as part of the products, such as general purpose Rulemaking this spring concerning the reloadable cards and other similar Spring 2016 Unified Agenda of Federal use of agreements between a covered Regulatory and Deregulatory Actions. products, which are increasingly being person and a consumer for a consumer used by consumers in place of The CFPB reasonably anticipates having financial product or service providing traditional checking accounts or credit the regulatory matters identified below for arbitration of any future disputes. cards. The Bureau issued a proposed under consideration during the period The rulemaking follows on a report that rule in November 2014, to bring prepaid from May 1, 2016, to April 30, 2017. the Bureau issued to Congress in March products expressly within the ambit of The next agenda will be published in 2015, as required by the Dodd-Frank Regulation E (which implements the fall 2016 and will update this agenda Act, as well as on preliminary results of Electronic Fund Transfer Act) as through fall 2017. Publication of this arbitration research that were released prepaid accounts and create new agenda is in accordance with the by the Bureau in December 2013. In fall provisions specific to such accounts. Regulatory Flexibility Act (5 U.S.C. 601 2015, the Bureau began the rulemaking The Bureau also proposed to amend et seq.). process by releasing an outline Regulation E and Regulation Z (which DATES: This information is current as of explaining that it was considering implements the Truth in Lending Act) March 25, 2016. whether to limit arbitration agreements to regulate prepaid accounts with ADDRESSES: Bureau of Consumer from being used to compel arbitration of overdraft services or credit features. Financial Protection, 1700 G Street NW., consumer class actions and whether to The Bureau also expects to issue a Washington, DC 20552. require the reporting of certain proposal to amend Regulation P, which FOR FURTHER INFORMATION CONTACT: A information concerning consumer implements the Gramm-Leach-Bliley staff contact is included for each arbitrations to the Bureau to facilitate Act (GLBA). Congress recently amended regulatory item listed herein. monitoring. The Bureau convened a the GLBA to provide an exception to the panel under the Small Business requirement for financial institutions to SUPPLEMENTARY INFORMATION: The CFPB Regulatory Enforcement Fairness Act deliver annual privacy notices when is publishing its spring 2016 agenda as (SBREFA) in conjunction with the certain conditions are met. The Bureau part of the Spring 2016 Unified Agenda Office of Management and Budget and plans to make conforming amendments of Federal Regulatory and Deregulatory the Small Business Administration’s to Regulation P for consistency with the Actions, which is coordinated by the Chief Counsel for Advocacy to consult statutory amendment. Office of Management and Budget under with small businesses that may be Building on Bureau research and Executive Order 12866. The CFPB’s affected by the policy proposals under other sources, the Bureau is also participation in the Unified Agenda is consideration. The Bureau has also engaged in policy analysis and further voluntary. The complete Unified gathered extensive feedback from other research initiatives in preparation for a Agenda is available to the public at the stakeholders in preparation for the rulemaking on overdraft programs on following Web site: http:// rulemaking. checking accounts. The CFPB issued a www.reginfo.gov. The Bureau also expects to release white paper in June 2013, and a report Pursuant to the Dodd-Frank Wall later this spring a Notice of Proposed in July 2014, based on supervisory data Street Reform and Consumer Protection Rulemaking to address consumer harms from several large banks that Act, Public Law 111–203, 124 Stat. 1376 from practices related to payday loans, highlighted a number of possible (Dodd-Frank Act), the CFPB has auto title loans, and other similar credit consumer protection concerns, rulemaking, supervisory, enforcement, products, including failure to determine including how consumers opt in to and other authorities relating to whether consumers have the ability to overdraft coverage for ATM and one- consumer financial products and repay without default or reborrowing time debit card transactions, overdraft services. These authorities include the and certain payment collection coverage limits, transaction posting ability to issue regulations under more practices. The Bureau convened a order practices, overdraft and than a dozen federal consumer financial SBREFA panel in April 2015, along with insufficient funds fee structure, and laws, which transferred to the CFPB the Office of Management and Budget involuntary account closures. The CFPB from seven federal agencies on July 21, and the Small Business is continuing to engage in additional 2011. The CFPB is working on a wide Administration’s Chief Counsel for research and has begun consumer range of initiatives to address issues in Advocacy to meet with small lenders testing initiatives relating to the opt-in markets for consumer financial products that may be affected by the rulemaking, process. and services that are not reflected in this and has gathered extensive feedback The Bureau is also engaged in policy notice because the Unified Agenda is analysis and research initiatives in limited to rulemaking activities. 1 The listing does not include certain routine, preparation for a rulemaking on debt The CFPB reasonably anticipates frequent, or administrative matters. Further, certain collection activities, which are the having the regulatory matters identified of the information fields for the listing are not applicable to independent regulatory agencies, single largest source of complaints to below under consideration during the including the CFPB, and, accordingly, the CFPB has the Federal Government of any industry. period from May 1, 2016, to April 30, indicated responses of ‘‘no’’ for such fields. Building on the Bureau’s November
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2013, Advance Notice of Proposed Implementing Dodd-Frank Act amendments to HMDA. The Bureau has Rulemaking, the CFPB is in the process Mortgage Protections already released a small entity of analyzing the results of a survey to The Bureau is also continuing efforts compliance guide in connection with obtain information from consumers to implement critical consumer the rule, which was finalized in October about their experiences with debt protections under the Dodd-Frank Act 2015. Certain elements of the rule take collection. The Bureau is also to guard against mortgage market effect in January 2017, and most new undertaking consumer testing initiatives practices that contributed to the nation’s data collection requirements begin in to determine what information would be most significant financial crisis in January 2018. The Bureau is working to useful for consumers to have about debt several decades. Since 2013, the Bureau streamline and modernize HMDA data collection and their debts and how that has issued regulations as directed by the collection and reporting processes in information should be provided to Dodd-Frank Act to implement certain conjunction with implementation. them. protections for mortgage originations The Bureau is also continuing to The Bureau is also continuing and servicing, integrate various federal facilitate the full implementation of and rulemaking activities that will further mortgage disclosures, and amend compliance with other rules that it establish the Bureau’s nonbank mortgage reporting requirements under issued in January 2013, to implement supervisory authority by defining larger the Home Mortgage Disclosure Act Dodd-Frank Act requirements participants of certain markets for (HMDA). The Bureau is continuing concerning mortgage originations. Most consumer financial products and intensive work to facilitate recently, the Bureau has adjusted the services. Larger participants of such implementation of the new thresholds defining small creditors and markets, as the Bureau defines by rule, requirements, including follow-up small creditors operating in rural and are subject to the Bureau’s supervisory rulemaking where warranted. underserved areas for purposes of authority. The Bureau expects that its For example, the Bureau expects this certain special rules concerning balloon next larger participant rulemaking will summer to release a Notice of Proposed loans, escrows, and other topics. The focus on the markets for consumer Rulemaking to make small clarifications Bureau issued a final rule adjusting the installment loans and vehicle title loans and provide further regulatory guidance thresholds for small creditors in October for purposes of supervision. The Bureau concerning its rule combining several 2015. The Bureau then issued two rules is also considering whether rules to federal mortgage disclosures that to implement the Helping Expand require registration of these or other consumers receive in connection with Lending Practices in Rural Communities non-depository lenders would facilitate applying for and closing on a mortgage Act. The first rule, which the Bureau supervision, as has been suggested to loan under the Truth in Lending Act issued on March 2, 2016, established a (TILA) and the Real Estate Settlement the Bureau by both consumer advocates process for creditors to apply to the Procedures Act (RESPA). The project to and industry groups. Bureau for an area to be designated as integrate and streamline the disclosures rural. The second rule, which the The Bureau is also continuing to was mandated under the Dodd-Frank Bureau issued on March 22, 2016, was develop research on other critical Act and took effect in October 2015. The an interim final rule that revised the test markets to help implement statutory rule is the cornerstone of the Bureau’s to determine which small creditors directives and to assess whether broader ‘‘Know Before You Owe’’ operate in rural areas in light of the regulation of other consumer financial mortgage initiative. Congressional amendments to the products and services may be The Bureau also expects to issue a underlying statutory language. warranted. For example, the Bureau is final rule in the summer to amend starting its work to implement section various provisions of its January 2013, Further Planning 1071 of the Dodd-Frank Act, which mortgage servicing rules in Regulation X Finally, the Bureau is continuing to amends the Equal Credit Opportunity (which implements RESPA) and conduct outreach and research to assess Act to require financial institutions to Regulation Z. The Bureau has proposed issues in various other markets for report information concerning credit clarifications of the applicability of consumer financial products and applications made by women-owned, certain provisions when the borrower is services. As this work continues, the minority-owned, and small businesses. in bankruptcy, additional enhancements Bureau will evaluate possible policy The Bureau will focus on outreach and to loss mitigation requirements, responses, including possible research to develop its understanding of provisions to address the applicability rulemaking actions, taking into account the players, products, and practices in of certain rules to successors in interest, the critical need for and effectiveness of the small business lending market and and other amendments. The Bureau has various policy tools. The Bureau will of the potential ways to implement been conducting consumer testing of update its regulatory agenda in fall section 1071. The CFPB then expects to certain disclosures as it prepares the 2016, to reflect the results of this further begin developing proposed regulations final rule. concerning the data to be collected and The Bureau is also working intensely prioritization and planning. determining the appropriate procedures to conduct outreach with industry and Dated: March 25, 2016. and privacy protections needed for coordinate with other agencies to Kelly Thompson Cochran, information-gathering and public monitor and facilitate implementation Assistant Director for Regulations, Bureau of disclosure of its rule to implement Dodd-Frank Consumer Financial Protection.
CONSUMER FINANCIAL PROTECTION BUREAU—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
291 ...... Business Lending Data (Regulation B) ...... 3170–AA09
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CONSUMER FINANCIAL PROTECTION BUREAU—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
292 ...... Payday Loans and Deposit Advance Products ...... 3170–AA40
CONSUMER FINANCIAL PROTECTION BUREAU—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
293 ...... The Expedited Funds Availability Act (Regulation CC) ...... 3170–AA31
CONSUMER FINANCIAL PROTECTION Agency Contact: Elena Grigera CONSUMER FINANCIAL PROTECTION BUREAU (CFPB) Babinecz, Office of Regulations, BUREAU (CFPB) Consumer Financial Protection Bureau, Prerule Stage Final Rule Stage Phone: 202 435–7700. 291. Business Lending Data (Regulation RIN: 3170–AA09 293. The Expedited Funds Availability B) Act (Regulation CC) Legal Authority:15 U.S.C. 1691c–2 Legal Authority: 12 U.S.C. 4001 et seq. Abstract: Section 1071 of the Dodd- CONSUMER FINANCIAL PROTECTION Abstract: The Expedited Funds Frank Wall Street Reform and Consumer BUREAU (CFPB) Availability Act (EFA Act), Protection Act (Dodd-Frank Act) implemented by Regulation CC, governs amends the Equal Credit Opportunity Proposed Rule Stage availability of funds after a check Act (ECOA) to require financial 292. Payday Loans and Deposit deposit and check collection and return institutions to report information Advance Products processes. Section 1086 of the Dodd- concerning credit applications made by women-owned, minority-owned, and Legal Authority: Not Yet Determined Frank Wall Street Reform and Consumer small businesses. The amendments to Abstract: The Bureau is conducting a Protection Act amended the EFA Act to ECOA made by the Dodd-Frank Act rulemaking to address consumer harms provide the CFPB with joint rulemaking require that certain data be collected from practices related to payday loans authority with the Board of Governors of and maintained, including the number and other similar credit products, the Federal Reserve System (Board) over of the application and date the including failure to determine whether certain consumer-related EFA Act application was received; the type and consumers have the ability to repay provisions. The Board proposed purpose of loan or credit applied for; the without default or reborrowing and amendments to Regulation CC in March amount of credit applied for and certain payment collection practices. 2011, to facilitate the banking industry’s approved; the type of action taken with Under the Small Business Regulatory ongoing transition to fully-electronic regard to each application and the date Enforcement Fairness Act (SBREFA), interbank check collection and return. of such action; the census tract of the the Bureau released in March 2015 an The Board’s proposal includes some principal place of business; the gross outline of proposals under provisions that are subject to the CFPB’s annual revenue of the business; and the consideration for the rulemaking. As joint rulemaking authority, including race, sex, and ethnicity of the principal part of the SBREFA process, in April the period for funds availability and owners of the business. The Dodd-Frank 2015, the Bureau along with the Office revising model form disclosures. In Act also provides authority for the CFPB of Management and Budget and the addition, in December 2013, the Board to require any additional data that the Small Business Administration’s Chief proposed revised amendments to certain CFPB determines would aid in fulfilling Counsel for Advocacy, met with small Regulation CC provisions that are not the purposes of this section. The Bureau lenders that may be affected by the subject to the CFPB’s authority and will focus on outreach and research to rulemaking to obtain feedback on the extended the comment period to May develop its understanding of the proposals. This rulemaking builds on 2014. The CFPB will work with the players, products, and practices in the Bureau research, including a white Board to issue jointly a final rule that small business lending market and of paper the Bureau published on these includes provisions within the CFPB’s the potential ways to implement section products in April 2013, a data point authority. 1071. The CFPB then expects to begin providing additional research in March Timetable: developing proposed regulations 2014, and ongoing analysis. concerning the data to be collected and Timetable: Action Date FR Cite appropriate procedures, information Action Date FR Cite NPRM ...... 03/25/11 76 FR 16862 safeguards, and privacy protections for NPRM Comment 06/03/11 information-gathering under this NPRM ...... 06/00/16 Period End. section. Final Rule ...... 12/00/16 Timetable: Regulatory Flexibility Analysis Regulatory Flexibility Analysis Action Date FR Cite Required: Yes. Agency Contact: Mark Morelli, Office Required: Yes. Prerule Activities 12/00/16 of Regulations, Consumer Financial Agency Contact: Joseph Baressi, Protection Bureau, Phone: 202 435– Office of Regulations, Consumer Regulatory Flexibility Analysis 7700. Financial Protection Bureau, Phone: 202 Required: Yes. RIN: 3170–AA40 435–7700.
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RIN: 3170–AA31 [FR Doc. 2016–12931 Filed 6–8–16; 8:45 am] BILLING CODE 4810–AM–P
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Part XXIV
Consumer Product Safety Commission
Semiannual Regulatory Agenda
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CONSUMER PRODUCT SAFETY Section 602 of the RFA (5 U.S.C. 602) subject to revision, for the development COMMISSION requires each agency to publish, twice or completion of each activity; and the each year, a regulatory flexibility agenda name and telephone number of a 16 CFR Ch. II containing a brief description of the knowledgeable agency official subject area of any rule expected to be concerning particular items on the Semiannual Regulatory Agenda proposed or promulgated, which is agenda. AGENCY: U.S. Consumer Product Safety likely to have a ‘‘significant economic Beginning in fall 2007, the Internet Commission. impact’’ on a ‘‘substantial number’’ of became the basic means of ACTION: Semiannual regulatory agenda. small entities. The agency must also disseminating the Unified Agenda. The provide a summary of the nature of the complete Unified Agenda will be SUMMARY: In this document, the rule and a schedule for acting on each available online at: www.reginfo.gov, in Commission publishes its semiannual rule for which the agency has issued a a format that offers users a greatly regulatory flexibility agenda. In notice of proposed rulemaking. enhanced ability to obtain information addition, this document includes an The regulatory flexibility agenda also from the agenda database. agenda of regulatory actions that the is required to contain the name and Because publication in the Federal Commission expects to be under address of the agency official Register is mandated for the regulatory development or review by the agency knowledgeable about the items listed. flexibility agendas required by the during the next year. This document Furthermore, agencies are required to Regulatory Flexibility Act (5 U.S.C. meets the requirements of the provide notice of their agendas to small 602), the Commission’s printed agenda Regulatory Flexibility Act and Executive entities and to solicit their comments by entries include only: Order 12866. The Commission direct notification or by inclusion in (1) Rules that are in the Agency’s welcomes comments on the agenda and publications likely to be obtained by on the individual agenda entries. regulatory flexibility agenda, in such entities. accordance with the Regulatory DATES: Comments should be received in Additionally, Executive Order 12866 Flexibility Act because they are likely to the Office of the Secretary on or before requires each agency to publish, twice have a significant economic impact on July 1, 2016. each year, a regulatory agenda of a substantial number of small entities; ADDRESSES: Comments on the regulatory regulations under development or and flexibility agenda should be captioned, review during the next year, and the (2) Rules that the Agency has ‘‘Regulatory Flexibility Agenda,’’ and Executive order states that such an identified for periodic review under emailed to: [email protected]. agenda may be combined with the section 610 of the Regulatory Flexibility Comments may also be mailed or agenda published in accordance with Act. delivered to the Office of the Secretary, the RFA. The regulatory flexibility Printing of these entries is limited to U.S. Consumer Product Safety agenda lists the regulatory activities fields that contain information required Commission, Room 820, 4330 East-West expected to be under development or by the Regulatory Flexibility Act’s Highway, Bethesda, MD 20814–4408. review during the next 12 months. It agenda requirements. Additional FOR FURTHER INFORMATION CONTACT: For includes all such activities, whether or information on these entries is available further information on the agenda in not they may have a significant in the Unified Agenda published on the general, contact Eileen Williams, Office economic impact on a substantial Internet. of the General Counsel, U.S. Consumer number of small entities. This agenda Product Safety Commission, 4330 East- also includes regulatory activities that The agenda reflects an assessment of West Highway, Bethesda, MD 20814– appeared in the fall 2015 agenda and the likelihood that the specified event 4408; [email protected]. For further have been completed by the will occur during the next year; the information regarding a particular item Commission prior to publication of this precise dates for each rulemaking are on the agenda, consult the individual agenda. Although CPSC, as an uncertain and new information, changes listed in the column headed, ‘‘Contact,’’ independent regulatory agency, is not of circumstances or of law may alter for that particular item. required to comply with Executive anticipated timing. In addition, no final determination by staff or the SUPPLEMENTARY INFORMATION: The orders, the Commission does follow Regulatory Flexibility Act (RFA) (5 Executive Order 12866 with respect to Commission regarding the need for, or U.S.C. 601 to 612) contains several the publication of its regulatory agenda. the substance of, any rule or regulation provisions intended to reduce The agenda contains a brief should be inferred from this agenda. unnecessary and disproportionate description and summary of each Dated: March 16, 2016. regulatory requirements on small regulatory activity, including the Todd A. Stevenson, businesses, small governmental objectives and legal basis for each; an Secretary, U.S. Consumer Product Safety organizations, and other small entities. approximate schedule of target dates, Commission.
CONSUMER PRODUCT SAFETY COMMISSION—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
294 ...... Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Section 610 Review) ...... 3041–AD47
CONSUMER PRODUCT SAFETY COMMISSION—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
295 ...... Recreational Off-Road Vehicles ...... 3041–AC78
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CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
296 ...... Standard for Sling Carriers ...... 3041–AD28
CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
297 ...... Petition to Amend Test Procedures for Glazing Materials in Architectural Products ...... 3041–AD26 298 ...... Third Party Testing Burden Reduction ...... 3041–AD46
CONSUMER PRODUCT SAFETY Place, Rockville, MD 20850, Phone: 301 extending the comment period to April COMMISSION (CPSC) 987–2064, Email: [email protected]. 8, 2015. The Omnibus Appropriations RIN: 3041–AD47 Bill provides that during fiscal year Prerule Stage 2016, none of the amounts made 294. Rule Review of: Standard for the available by the Appropriations Bill Flammability (Open Flame) of Mattress CONSUMER PRODUCT SAFETY may be used to finalize or implement Sets (Section 610 Review) COMMISSION (CPSC) the Safety Standard for Recreational Off- Highway Vehicles published by the Legal Authority: 5 U.S.C. 1193, Proposed Rule Stage CPSC in the Federal Register on Flammable Fabrics Act; 5 U.S.C. 610, November 19, 2014 (79 FR 68964) (ROV Regulatory Flexibility Act 295. Recreational Off-Road Vehicles NPRM) until after the National Abstract: The Commission published Legal Authority: 15 U.S.C. 2056; 15 Academy of Sciences completes a study the Standard for the Flammability U.S.C. 2058 to determine specific information as set (Open Flame) of Mattress Sets in March Abstract: The Commission is forth in the Appropriations Bill. Staff 2006. The Standard sets open flame considering whether recreational off- has ceased work on a Final Rule briefing performance measures on all mattress road vehicles (ROVs) present an package that would implement the ROV sets entered into commerce on or after unreasonable risk of injury that should NPRM, but continues to engage in the the effective date in July 2007. The be regulated. ROVs are motorized development of voluntary standards purpose of the rule review is to assess vehicles having four or more low- associated with ROVs. In FY 2016, staff the impact of the rule on small entities pressure tires designed for off-road use will prepare a briefing package assessing and to determine whether the rule and intended by the manufacturer the voluntary standards for Commission should be continued without change, or primarily for recreational use by one or consideration. should be amended or rescinded to more persons. The salient Timetable: make the rule more effective or less characteristics of an ROV include a burdensome while still maintaining steering wheel for steering control, foot Action Date FR Cite safety objectives. CPSC staff solicited controls for throttle and braking, bench comments on the rule through a Federal or bucket seats, a roll-over protective Staff Sends 10/07/09 Register Notice. Staff also conducted structure, and a maximum speed greater ANPRM Brief- economic and fire loss data analyses to than 30 mph. On October 21, 2009, the ing Package to review the impact and effectiveness of Commission voted (4–0–1) to publish an Commission. the rule. A staff briefing package is advance notice of proposed rulemaking Commission Deci- 10/21/09 sion. being developed and will be submitted (ANPRM) in the Federal Register. The ANPRM ...... 10/28/09 74 FR 55495 to the Commission in FY 2016. ANPRM was published in the Federal ANPRM Comment 12/22/09 74 FR 67987 Timetable: Register on October 28, 2009, and the Period Ex- comment period ended December 28, tended. Action Date FR Cite 2009. The Commission received two Extended Com- 03/15/10 letters requesting an extension of the ment Period Notice for Com- 04/03/15 80 FR 18218 comment period. The Commission End. ment Published extended the comment period until Staff Sends 09/24/14 in the Federal NPRM Briefing Register. March 15, 2010. Staff conducted testing Package to Comment Period 06/02/15 and evaluation programs to develop Commission. End. performance requirements addressing Staff Sends Sup- 10/17/14 Staff Sends Brief- 09/00/16 vehicle stability, vehicle handling, and plemental Infor- ing Package to occupant protection. On October 29, mation on Commission. 2014, the Commission voted (3–2) to ROVs to Com- publish an NPRM proposing standards mission. Regulatory Flexibility Analysis addressing vehicle stability, vehicle Commission Deci- 10/29/14 Required: Undetermined. handling, and occupant protection. The sion. NPRM Published 11/19/14 79 FR 68964 Agency Contact: Lisa Scott, Project NPRM was published in the Federal in Federal Reg- Manager, Directorate for Laboratory Register on November 19, 2014. On ister. Sciences, Consumer Product Safety January 23, 2015, the Commission NPRM Comment 01/23/15 80 FR 3535 Commission, National Product Testing published a notice of extension of the Period Ex- and Evaluation Center, 5 Research comment period for the NPRM, tended.
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Action Date FR Cite Timetable: April 9, 2013, to grant the petition. Staff prepared an NPRM briefing package for Extended Com- 04/08/15 Action Date FR Cite Commission consideration. The briefing ment Period package went to the Commission on End. Staff Sends 06/13/14 May 6, 2015. The Commission voted to NPRM Briefing Staff Sends Brief- 09/00/16 issue the NPRM on May 15, 2015. The ing Package Package to the Assessing Vol- Commission. NPRM published in the Federal untary Stand- Commission Deci- 07/09/14 Register on May 22, 2015. The comment ards to Com- sion to Publish period closed on July 21, 2015. Staff mission. NPRM. sent a Final Rule briefing package to the NPRM ...... 07/23/14 79 FR 42724 Commission on March 2, 2016. The Regulatory Flexibility Analysis NPRM Comment 10/06/14 Commission voted unanimously (5–0) Required: Yes. Period End. on March 8, 2016, to approve Agency Contact: Caroleene Paul, Staff Sends Final 09/00/16 publication in the Federal Register of Project Manager, Directorate for Rule Briefing Package to the Final Rule, as drafted, to amend the Engineering Sciences, Consumer Commission. Commission’s regulations at 16 CFR part Product Safety Commission, National 1201, by replacing the testing Product Testing and Evaluation Center, Regulatory Flexibility Analysis procedures provided at 16 CFR 1201.4, 5 Research Place, Rockville, MD 20850, Required: Yes. with the voluntary standard, ANSI Phone: 301 987–2225, Email: cpaul@ Agency Contact: Hope Nesteruk, Z97.1–2015, American National cpsc.gov. Project Manager, Directorate for Standard for Safety Glazing Materials RIN: 3041–AC78 Engineering Sciences, Consumer Used in Buildings-Safety Performance Product Safety Commission, National Specifications and Methods of Test. Product Testing and Evaluation Center, Timetable: CONSUMER PRODUCT SAFETY 5 Research Place, Rockville, MD 20850, COMMISSION (CPSC) Phone: 301 987–2579, Email: Action Date FR Cite Final Rule Stage [email protected]. RIN: 3041–AD28 Petition Docketed 08/17/12 296. Standard for Sling Carriers Notice for Com- 08/30/12 77 FR 52625 ment Published Legal Authority: Pub. L. 110–314, sec in Federal Reg- 104 ister. Abstract: Section 104 of the Consumer Comment Period 10/29/12 Product Safety Improvement Act of CONSUMER PRODUCT SAFETY End. Staff Sends Brief- 04/03/13 2008 (CPSIA) requires the Commission COMMISSION (CPSC) to issue consumer product safety ing Package to standards for durable infant or toddler Completed Actions Commission. products. The Commission is directed to Commission Deci- 04/09/13 297. Petition To Amend Test sion. assess the effectiveness of applicable Procedures for Glazing Materials in Staff Sends 05/15/15 voluntary standards, and in accordance Architectural Products NPRM Briefing with the Administrative Procedure Act, Package to promulgate consumer product safety Legal Authority: 5 U.S.C. 553; 15 Commission. standards that are substantially the same U.S.C. 2056; 15 U.S.C. 2058 NPRM ...... 05/22/15 80 FR 29555 as the voluntary standard, or more Abstract: The Commission received NPRM Comment 07/21/15 stringent than the voluntary standard if correspondence from William M. Period End. the Commission determines that more Hannay, counsel for the Safety Glazing Staff Sends Final 03/02/16 stringent standards would further Certification Council, requesting that Rule Briefing reduce the risk of injury associated with the Commission initiate rulemaking to Package to replace the current testing procedures Commission. the product. The CPSIA requires that Commission Deci- 03/08/16 not later than August 14, 2009, the for glazing materials codified at 16 CFR sion to Approve Commission begin rulemaking for at 1201.4 with those contained in ANSI Publication of least two categories of durable infant or Z97.1, ‘‘American National Standard for Final Rule in toddler products and promulgate two Safety Glazing Materials Used in the Federal such standards every six months Building-Safety Performance Register. thereafter. The Commission proposed a Specifications and Methods of Test.’’ Final Rule Pub- 03/23/16 81 FR 15427 consumer product safety standard for The request was docketed as Petition CP lished in the infant sling carriers as part of this series 12–3, under the Consumer Product Federal Reg- of standards for durable infant and Safety Act (CPSA). On August 23, 2012, ister. Final Rule Effec- 04/22/16 toddler products. On June 13, 2014, staff the Commission voted unanimously to tive. sent an NPRM briefing package to the approve publication of a notice in the Commission. The Commission voted Federal Register to solicit public unanimously (3–0) to approve comments on the petition. The notice Regulatory Flexibility Analysis publication of the NPRM in the Federal was published in the Federal Register Required: Yes. Register. The NPRM was published in on August 30, 2012. The comment Agency Contact: Brian M. Baker, the Federal Register on July 23, 2014. period closed on October 29, 2012. Project Manager, Directorate for Following review of the comments, staff CPSC staff reviewed the submitted Laboratory Sciences Mechanical, will prepare a Final Rule briefing comments and sent a briefing package to Consumer Product Safety Commission, package for the Commission’s the Commission on April 3, 2013. The National Product Testing and consideration. Commission voted unanimously on Evaluation Center, 5 Research Place,
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Rockville, MD 20850, Phone: 301 987– On September 30, 2015, staff sent a Action Date FR Cite 2289, Email: [email protected]. briefing package to the Commission for RIN: 3041–AD26 a DFR and NPRM to clarify when Staff Sends DFR/ 09/30/15 component part testing can be used and NPRM Briefing 298. Third Party Testing Burden Package to Reduction which textile products have been determined not to exceed the allowable Commission. Legal Authority: Sec 3, Pub. L. 110– lead content limits. On October 8, 2015, Commission 10/08/15 314, 122 Stat. 3016; 15 U.S.C. Votes to Pub- the Commission voted to publish the lish DFR/NPRM 2063(d)(3)(B) DFR and the NPRM in the Federal Abstract: Section 14(i)(3) of the in Federal Reg- Register. On October 14, 2015, the DFR ister. Consumer Product Safety Act requires and NPRM published in the Federal the Commission to seek opportunities to DFR and NPRM 10/24/15 80 FR Register. On November 19, 2015, the Published in the 61729, 80 reduce the cost of third party testing Commission published a notice in the Federal Reg- FR 61773 requirements consistent with assuring Federal Register delaying the effective ister. compliance with any applicable date and extending the comment period Notice Delaying 11/19/15 children’s product safety rule. In the FY for the DFR. On January 4, 2016, the Effective Date. 2015 Operating Plan, the Commission Commission published a Notice in the Staff Sends Final 12/08/15 directed staff to submit a notice of Federal Register delaying the effective Rule Briefing proposed rulemaking (NPRM) briefing Package to date and reopening the comment period package to the Commission addressing Commission. for the DFR. The DFR became final with items to reduce third party testing Commission 12/08/15 an effective date of February 12, 2016. burdens. On June 30, 2015, staff sent a Votes to Pub- briefing package to the Commission for Timetable: lish Final Rule a Direct Final Rule (DFR) and an NPRM in Federal Reg- for a determination regarding heavy Action Date FR Cite ister. Final Rule Pub- 12/17/15 80 FR 78651 elements limits for unfinished and Commission 07/10/15 lished in the untreated wood. On July 10, 2015, the Votes to Pub- Federal Reg- Commission voted to publish the DFR lish DFR and ister. and NPRM in the Federal Register. On NPRM in Fed- Notice Delaying 01/04/16 July 17, 2015, the DFR and NPRM were eral Register. Effective Date published in the Federal Register with NPRM Published 07/17/15 80 FR 42438 and Reopening the comment period closing on August in the Federal Comment Pe- 17, 2015. On August 26, 2015, staff sent Register. riod. a draft Federal Register Notice DFR Published in 07/17/15 80 FR 42376 Final Rule Effec- 02/12/16 81 FR 2 withdrawing the DFR because the the Federal tive. Commission received adverse comments Register. NPRM Comment 08/17/15 regarding the DFR. Period End. Regulatory Flexibility Analysis On September 1, 2015, the DFR Comment 08/17/15 Required: Yes. Commission voted to publish a notice of Period End. withdrawal of the DFR in the Federal Agency Contact: Randy Butturini, Staff Sends No- 08/26/15 Project Manager, Office of Hazard Register. The notice of withdrawal tice of With- published in the Federal Register on drawal to Com- Identification and Reduction, Consumer September 10, 2015. On December 8, mission. Product Safety Commission, 4330 East 2015, staff sent a briefing package for a Commission 09/01/15 West Highway, Bethesda, MD 20814, Final Rule for a determination regarding Votes to Pub- Phone: 301 504–7562, Email: heavy elements for unfinished and lish Notice of [email protected]. Withdrawal of untreated wood. On December 8, 2015, DFR. RIN: 3041–AD46 the Commission voted to publish the Notice of With- 09/10/15 80 FR 54417 [FR Doc. 2016–12932 Filed 6–8–16; 8:45 am] final rule in the Federal Register. On drawal of DFR BILLING CODE 6355–01–P December 17, 2015, the Final Rule Published in published in the Federal Register with Federal Reg- an effective date of January 19, 2016. ister.
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Part XXV
Federal Communications Commission
Semiannual Regulatory Agenda
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FEDERAL COMMUNICATIONS Unified Agenda of Major and Other Notice of Inquiry (NOI)—issued by the COMMISSION Significant Proceedings Commission when it is seeking information on a broad subject or trying 47 CFR Ch. I The Commission encourages public to generate ideas on a given topic. A participation in its rulemaking process. comment period is specified during Unified Agenda of Federal Regulatory To help keep the public informed of which all interested parties may submit and Deregulatory Actions—Spring significant rulemaking proceedings, the comments. 2016 Commission has prepared a list of Notice of Proposed Rulemaking important proceedings now in progress. (NPRM)—issued by the Commission AGENCY: Federal Communications The General Services Administration when it is proposing a specific change Commission. publishes the Unified Agenda in the to Commission rules and regulations. Federal Register in the spring and fall ACTION: Semiannual regulatory agenda. Before any changes are actually made, of each year. interested parties may submit written comments on the proposed revisions. SUMMARY: Twice a year, in spring and The following terms may be helpful in Further Notice of Proposed fall, the Commission publishes in the understanding the status of the proceedings included in this report: Rulemaking (FNPRM)—issued by the Federal Register a list in the Unified Commission when additional comment Docket Number—assigned to a Agenda of those major items and other in the proceeding is sought. proceeding if the Commission has significant proceedings under Memorandum Opinion and Order issued either a Notice of Proposed development or review that pertain to (MO&O)—issued by the Commission to Rulemaking or a Notice of Inquiry the Regulatory Flexibility Act. (U.S.C. deny a petition for rulemaking, concerning the matter under 602). The Unified Agenda also provides conclude an inquiry, modify a decision, consideration. The Commission has the Code of Federal Regulations or address a petition for reconsideration used docket numbers since January 1, citations and legal authorities that of a decision. 1978. Docket numbers consist of the last govern these proceedings. The complete Rulemaking (RM) Number—assigned two digits of the calendar year in which Unified Agenda will be published on to a proceeding after the appropriate the docket was established plus a the Internet in a searchable format at bureau or office has reviewed a petition sequential number that begins at 1 with www.reginfo.gov. for rulemaking, but before the the first docket initiated during a Commission has taken action on the ADDRESSES: Federal Communications calendar year (e.g., Docket No. 96–1 or petition. Commission, 445 12th Street SW., Docket No. 99–1). The abbreviation for Report and Order (R&O)—issued by Washington, DC 20554. the responsible bureau usually precedes the Commission to state a new or the docket number, as in ‘‘MB Docket FOR FURTHER INFORMATION CONTACT: amended rule or state that the No. 96–222,’’ which indicates that the Maura McGowan, Telecommunications Commission rules and regulations will responsible bureau is the Media Bureau. Specialist, Federal Communications not be revised. A docket number consisting of only five Commission, 445 12th Street SW., digits (e.g., Docket No. 29622) indicates Marlene H. Dortch, Washington, DC 20554, (202) 418–0990. that the docket was established before Secretary, Federal Communications SUPPLEMENTARY INFORMATION: January 1, 1978. Commission.
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
299 ...... Implementation of the Telecom Act of 1996; Access to Telecommunications Service, Telecommunications 3060–AG58 Equipment, and Customer Premises Equipment by Persons With Disabilities (WT Docket No. 96–198). 300 ...... Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991 (CG Docket 3060–AI14 No. 02–278). 301 ...... Rules and Regulations Implementing Section 225 of the Communications Act (Telecommunications Relay 3060–AI15 Service) (CG Docket No. 03–123). 302 ...... Consumer Information, Disclosure, and Truth in Billing and Billing Format ...... 3060–AI61 303 ...... Closed-Captioning of Video Programming; CG Docket Nos. 05–231 and 06–181 (Section 610 Review) ...... 3060–AI72 304 ...... Accessibility of Programming Providing Emergency Information; MB Docket No. 12–107 ...... 3060–AI75 305 ...... Empowering Consumers to Avoid Bill Shock (Docket No. 10–207) ...... 3060–AJ51 306 ...... Contributions to the Telecommunications Relay Services Fund (CG Docket No. 11–47) ...... 3060–AJ63 307 ...... Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges (‘‘Cramming’’) ...... 3060–AJ72 308 ...... Implementation of the Middle Class Tax Relief and Job Creation Act of 2012/Establishment of a Public Safety 3060–AJ84 Answering Point Do-Not-Call Registry. 309 ...... Implementation of Sections 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First 3060–AK00 Century Communications and Video Accessibility Act of 2010 (CG Docket No. 10–213). 310 ...... Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and 3060–AK01 Speech-to-Speech Services; CG Docket No. 13–24.
OFFICE OF ENGINEERING AND TECHNOLOGY—LONG-TERM ACTIONS
Regulation Sequence No Title Identifier No.
311 ...... New Advanced Wireless Services (ET Docket No. 00–258) ...... 3060–AH65 312 ...... Exposure to Radiofrequency Electromagnetic Fields (ET Docket No. 10–97) ...... 3060–AI17
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OFFICE OF ENGINEERING AND TECHNOLOGY—LONG-TERM ACTIONS—Continued
Regulation Sequence No Title Identifier No.
313 ...... Unlicensed Operation in the TV Broadcast Bands (ET Docket No. 04–186) ...... 3060–AI52 314 ...... Fixed and Mobile Services in the Mobile Satellite Service (ET Docket No. 10–142) ...... 3060–AJ46 315 ...... Radio Experimentation and Market Trials Under Part 5 of the Commission’s Rules and Streamlining Other 3060–AJ62 Related Rules (ET Docket No. 10–236). 316 ...... Operation of Radar Systems in the 76–77 GHz Band (ET Docket No. 11–90) ...... 3060–AJ68 317 ...... WRC–07 Implementation (ET Docket No. 12–338) ...... 3060–AJ93 318 ...... Federal Earth Stations-Non Federal Fixed Satellite Service Space Stations; Spectrum for Non-Federal Space 3060–AK09 Launch Operations; ET Docket No. 13–115. 319 ...... Authorization of Radiofrequency Equipment; ET Docket No. 13–44 ...... 3060–AK10 320 ...... Operation of Radar Systems in the 76–77 GHz Band (ET Docket No. 15–26) ...... 3060–AK29 321 ...... Spectrum Access for Wireless Microphone Operations (GN Docket Nos. 14–166 and 12–268) ...... 3060–AK30
INTERNATIONAL BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
322 ...... Space Station Licensing Reform (IB Docket No. 02–34) ...... 3060–AH98 323 ...... International Settlements Policy Reform (IB Docket No. 11–80) ...... 3060–AJ77 324 ...... Comprehensive Review of Licensing and Operating Rules for Satellite Services (IB Docket No. 12–267) ...... 3060–AJ98 325 ...... Expanding Broadband and Innovation through Air-Ground Mobile Broadband Secondary Service for Pas- 3060–AK02 sengers Aboard Aircraft in the 14.0–14.5 GHz Band; GN Docket No. 13–114. 326 ...... Terrestrial Use of the 2473–2495 MHz Band for Low-Power Mobile Broadband Networks; Amendments to 3060–AK16 Rules of Mobile Satellite Service System; IB Docket No. 13–213. 327 ...... Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees 3060–AK47 under Section 310(b)(4) of the Communications Act of 1934, as amended (Docket No. 15–236).
INTERNATIONAL BUREAU—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
328 ...... Reform of Rules and Policies on Foreign Carrier Entry Into the U.S. Telecommunications Market (IB Docket 3060–AJ97 12–299).
MEDIA BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
329 ...... Broadcast Ownership Rules ...... 3060–AH97 330 ...... Establishment of Rules for Digital Low-Power Television, Television Translator, and Television Booster Sta- 3060–AI38 tions (MB Docket No. 03–185). 331 ...... Promoting Diversification of Ownership in the Broadcast Services (MB Docket No. 07–294) ...... 3060–AJ27 332 ...... Amendment of the Commission’s Rules Related to Retransmission Consent (MB Docket No. 10–71) ...... 3060–AJ55 333 ...... Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First 3060–AJ67 Century Communications and Video Accessibility Act of 2010 (MB Docket No. 11–154). 334 ...... Accessibility of User Interfaces and Video Programming Guides and Menus (MB Docket No. 12–108) ...... 3060–AK11 335 ...... Network Non-Duplication and Syndicated Exclusivity Rule (MB Docket No. 14–29) ...... 3060–AK18 336 ...... Expansion of Online Public File Obligations To Cable and Satellite TV Operators and Broadcast and Satellite 3060–AK23 Radio Licensees; MB Docket No. 14–127. 337 ...... Channel Sharing by Full Power and Class A Stations Outside of the Incentive Auction Context; (MB Docket 3060–AK42 No. 15–137). 338 ...... Preserving Vacant Channels in the UHF Television Band for Unlicensed Use; (MB Docket No. 15–68) ...... 3060–AK43
OFFICE OF MANAGING DIRECTOR—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
339 ...... Assessment and Collection of Regulatory Fees ...... 3060–AI79 340 ...... Amendment of Part 1 of the Commission’s Rules, Concerning Practice and Procedure, Amendment of 3060–AJ54 CORES Registration System; MD Docket No. 10–234.
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PUBLIC SAFETY AND HOMELAND SECURITY BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
341 ...... Revision of the Rules To Ensure Compatibility With Enhanced 911 Emergency Calling Systems (CC Docket 3060–AG34 No. 94–102; PS Docket No. 07–114). 342 ...... Enhanced 911 Services for Wireline and Multi-Line Telephone Systems; PS Docket Nos. 10–255 and 07–114 3060–AG60 343 ...... In the Matter of the Communications Assistance for Law Enforcement Act ...... 3060–AG74 344 ...... Implementation of 911 Act (CC Docket No. 92–105, WT Docket No. 00–110) ...... 3060–AH90 345 ...... Commission Rules Concerning Disruptions to Communications (PS Docket No. 11–82) ...... 3060–AI22 346 ...... E911 Requirements for IP-Enabled Service Providers (Dockets Nos. GN 11–117, PS 07–114, WC 05–196, 3060–AI62 WC 04–36). 347 ...... Wireless E911 Location Accuracy Requirements; PS Docket No. 07–114 ...... 3060–AJ52 348 ...... 700 MHz Public Safety Broadband—First Net (PS Docket Nos. 12–94 & 06–229 and WT 06–150) ...... 3060–AJ99 349 ...... Proposed Amendments to Service Rules Governing Public Safety Narrowband Operations in the 769–775 3060–AK19 and 799–805 MHz Bands. 350 ...... Improving Outage Reporting for Submarine Cables and Enhancing Submarine Cable Outage Data; GN Dock- 3060–AK39 et No. 15–206. 351 ...... Amendments to Part 4 of the Commission’s Rules Concerning Disruptions to Communications; PS Docket 3060–AK40 No. 15–80. 352 ...... New Part 4 of the Commission’s Rules Concerning Disruptions to Communications; ET Docket No. 04–35 ..... 3060–AK41
WIRELESS TELECOMMUNICATIONS BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
353 ...... Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers ...... 3060–AH83 354 ...... Review of Part 87 of the Commission’s Rules Concerning Aviation (WT Docket No. 01–289) ...... 3060–AI35 355 ...... Implementation of the Commercial Spectrum Enhancement Act (CSEA) and Modernization of the Commis- 3060–AI88 sion’s Competitive Bidding Rules and Procedures (WT Docket No. 05–211). 356 ...... Facilitating the Provision of Fixed and Mobile Broadband Access, Educational, and Other Advanced Services 3060–AJ12 in the 2150–2162 and 2500–2690 MHz Bands. 357 ...... Service Rules for Advanced Wireless Services in the 2155–2175 MHz Band; WT Docket No. 13–185 ...... 3060–AJ19 358 ...... Amendment of the Commission’s Rules to Improve Public Safety Communications in the 800 MHz Band, and 3060–AJ22 to Consolidate the 800 MHz and 900 MHz Business and Industrial/Land Transportation Pool Channels. 359 ...... Amendment of Part 101 to Accommodate 30 MHz Channels in the 6525–6875 MHz Band and Provide Condi- 3060–AJ28 tional Authorization on Channels in the 21.8–22.0 and 23.0–23.2 GHz Band (WT Docket No. 04–114). 360 ...... Amendment of Part 90 of the Commission’s Rules ...... 3060–AJ37 361 ...... Amendment of Part 101 of the Commission’s Rules for Microwave Use and Broadcast Auxiliary Service Flexi- 3060–AJ47 bility. 362 ...... Universal Service Reform Mobility Fund (WT Docket No. 10–208) ...... 3060–AJ58 363 ...... Fixed and Mobile Services in the Mobile Satellite Service Bands at 1525–1559 MHz and 1626.5–1660.5 MHz, 3060–AJ59 1610–1626.5 MHz and 2483.5–2500 MHz, and 2000–2020 MHz and 2180–2200 MHz. 364 ...... Improving Spectrum Efficiency Through Flexible Channel Spacing and Bandwidth Utilization for Economic 3060–AJ71 Area-Based 800 MHz Specialized Mobile Radio Licensees (WT Docket Nos. 12–64 and 11–110). 365 ...... Service Rules for Advanced Wireless Services in the 2000–2020 MHz and 2180–2200 MHz Bands ...... 3060–AJ73 366 ...... Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions; Docket No. 3060–AJ82 12–268. 367 ...... Service Rules for Advanced Wireless Services of the Middle Class Tax Relief and Job Creation Act of 2012 3060–AJ86 Related to the 1915–1920 MHz and 1995–2000 MHz Bands (WT Docket No. 12–357). 368 ...... Amendment of Parts 1, 2, 22, 24, 27, 90 and 95 of the Commission’s Rules to Improve Wireless Coverage 3060–AJ87 Through the Use of Signal Boosters (WT Docket No. 10–4). 369 ...... Amendment of the Commission’s Rules Governing Certain Aviation Ground Station Equipment (Squitter) (WT 3060–AJ88 Docket Nos. 10–61 and 09–42). 370 ...... Amendment of the Commission’s Rules Concerning Commercial Radio Operators (WT Docket No. 10–177) ... 3060–AJ91 371 ...... Radiolocation Operations in the 78–81 GHz Band; WT Docket No. 11–202 ...... 3060–AK04 372 ...... Amendment of Part 90 of the Commission’s Rules to Permit Terrestrial Trunked Radio (TETRA) Technology; 3060–AK05 WT Docket No. 11–6. 373 ...... Promoting Technological Solutions to Combat Wireless Contraband Device Use in Correctional Facilities ...... 3060–AK06 374 ...... Enabling Small Cell Use in the 3.5 GHz band ...... 3060–AK12 375 ...... 800 MHz Cellular Telecommunications Licensing Reform; Docket No. 12–40 ...... 3060–AK13 376 ...... Updating Competitive Bidding Rules ...... 3060–AK28
WIRELESS TELECOMMUNICATIONS BUREAU—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
377 ...... Rules Authorizing the Operation of Low Power Auxiliary Stations in the 698–806 MHz Band (WT Docket No. 3060–AJ21 08–166) Public Interest Spectrum Coalition, Petition for Rulemaking Regarding Low Power Auxiliary. 378 ...... In the Matter of Service Rules for the 698 to 746, 747 to 762, and 777 to 792 MHz Bands ...... 3060–AJ35
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WIRELESS TELECOMMUNICATIONS BUREAU—COMPLETED ACTIONS—Continued
Regulation Sequence No. Title Identifier No.
379 ...... 2004 and 2006 Biennial Regulatory Reviews—Streamlining and Other Revisions of the Commission’s Rules 3060–AJ50 Governing Construction, Marking, and Lighting of Antenna Structures. 380 ...... Promoting Interoperability in the 700 MHz Commercial Spectrum; Requests for Waiver and Extension of 3060–AJ78 Lower 700 MHz Band Interim Construction Benchmark Deadlines (WT Docket Nos. 12–69 & 12–332).
WIRELINE COMPETITION BUREAU—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
381 ...... Implementation of the Universal Service Portions of the 1996 Telecommunications Act ...... 3060–AF85 382 ...... 2000 Biennial Regulatory Review—Telecommunications Service Quality Reporting Requirements ...... 3060–AH72 383 ...... National Exchange Carrier Association Petition ...... 3060–AI47 384 ...... IP-Enabled Services; WC Docket No. 04–36 ...... 3060–AI48 385 ...... Jurisdictional Separations ...... 3060–AJ06 386 ...... Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering (WC Docket Nos. 08– 3060–AJ14 190, 07–139, 07–204, 07–273, 07–21). 387 ...... Development of Nationwide Broadband Data To Evaluate Reasonable and Timely Deployment of Advanced 3060–AJ15 Services to All Americans. 388 ...... Local Number Portability Porting Interval and Validation Requirements (WC Docket No. 07–244) ...... 3060–AJ32 389 ...... Implementation of Section 224 of the Act; A National Broadband Plan for Our Future (WC Docket No. 07– 3060–AJ64 245, GN Docket No. 09–51). 390 ...... Rural Call Completion; WC Docket No. 13–39 ...... 3060–AJ89 391 ...... Rates for Inmate Calling Services; WC Docket No. 12–375 ...... 3060–AK08 392 ...... Comprehensive Review of the Part 32 Uniform System of Accounts (WC Docket No. 14–130) ...... 3060–AK20 393 ...... Protecting and Promoting the Open Internet; (WC Docket No. 14–28) ...... 3060–AK21 394 ...... Emerging Wireline Networks and Services; GN Docket No 13–5, WC Docket No. 05–25 ...... 3060–AK32 395 ...... Modernizing Common Carrier Rules, WC Docket No 15–33 ...... 3060–AK33 396 ...... Numbering Policies for Modern Communications, WC Docket No. 13–97 ...... 3060–AK36
FEDERAL COMMUNICATIONS Action Date FR Cite 202 418–0037, Email: cheryl.king@ COMMISSION (FCC) fcc.gov. Final Rule ...... 04/21/08 73 FR 21251 RIN: 3060–AG58 Consumer and Governmental Affairs Public Notice ...... 08/01/08 73 FR 45008 Bureau Extension of 05/15/08 73 FR 28057 300. Rules and Regulations Implementing the Telephone Consumer Long-Term Actions Waiver. Extension of 05/06/09 74 FR 20892 Protection Act (TCPA) of 1991 (CG 299. Implementation of the Telecom Act Waiver. Docket No. 02–278) of 1996; Access to Telecommunications Public Notice ...... 05/07/09 74 FR 21364 Legal Authority: 47 U.S.C. 227 Service, Telecommunications Extension of 07/29/09 74 FR 37624 Abstract: On July 3, 2003, the Equipment, and Customer Premises Waiver. NPRM ...... 03/14/11 76 FR 13800 Commission released a Report and Equipment by Persons With Disabilities NPRM Comment 04/12/11 76 FR 20297 Order establishing, along with the FTC, (WT Docket No. 96–198) Period Ex- a national do-not-call registry. The Legal Authority: 47 U.S.C. 255; 47 tended. Commission’s Report and Order also U.S.C. 251(a)(2) FNPRM ...... 12/30/11 76 FR 82240 adopted rules on the use of predictive Abstract: These proceedings Comment Period 03/14/12 dialers, the transmission of caller ID implement the provisions of sections End. information by telemarketers, and the 255 and 251(a)(2) of the R&O ...... 12/30/11 76 FR 82354 sending of unsolicited fax Announcement of 04/25/12 77 FR 24632 Communications Act and related advertisements. On September 21, 2004, Effective Date. the Commission released an Order sections of the Telecommunications Act 2nd R&O ...... 05/22/13 78 FR 30226 of 1996 regarding the accessibility of FNPRM ...... 12/20/13 78 FR 77074 amending existing safe harbor rules for telecommunications equipment and FNPRM Comment 02/18/14 telemarketers subject to the do-not-call services to persons with disabilities. Period End. registry to require such telemarketers to Timetable: Next Action Unde- access the do-not-call list every 31 days, termined. rather than every three months. On Action Date FR Cite April 5, 2006, the Commission adopted Regulatory Flexibility Analysis a Report and Order and Third Order on R&O ...... 08/14/96 61 FR 42181 Required: Yes. Reconsideration amending its facsimile NOI ...... 09/26/96 61 FR 50465 Agency Contact: Cheryl J. King, advertising rules to implement the Junk NPRM ...... 05/22/98 63 FR 28456 Deputy Chief, Disability Rights Office, Fax Protection Act of 2005. On October R&O ...... 11/19/99 64 FR 63235 Further NOI ...... 11/19/99 64 FR 63277 Federal Communications Commission, 14, 2008, the Commission released an Public Notice ...... 01/07/02 67 FR 678 Consumer and Governmental Affairs Order on Reconsideration addressing R&O ...... 08/06/07 72 FR 43546 Bureau, 445 12th Street SW., certain issues raised in petitions for Petition for Waiver 11/01/07 72 FR 61813 Washington, DC 20554, Phone: 202 418– reconsideration and/or clarification of Public Notice ...... 11/01/07 72 FR 61882 2284, TDD Phone: 202 418–0416, Fax: the Report and Order and Third Order
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on Reconsideration. On January 4, 2008, common law principles of agency for Action Date FR Cite the Commission released a Declaratory violations of either section 227(b) or Ruling, clarifying that autodialed and section 227(c) that are committed by NPRM ...... 03/22/10 75 FR 13471 prerecorded message calls to wireless third-party telemarketers. R&O ...... 06/11/12 77 FR 34233 numbers that are provided by the called On July 10, 2015, the commission Public Notice ...... 06/30/10 75 FR 34244 party to a creditor in connection with an released a Declaratory Ruling and Order Public Notice (Re- 10/03/12 77 FR 60343 resolving 21 separate requests for consideration existing debt are permissible as calls Petitions Filed). made with the ‘‘prior express consent’’ clarification or other action regarding Announcement of 10/16/12 77 FR 63240 of the called party. Following a the TCPA. It clarified, among other Effective Date. December 4, 2007, NPRM, on June 17, things, that: nothing in the Opposition End 10/18/12 2008, the Commission released a Report Communications Act of the Date. and Order amending its rules to require Commission’s rules prohibits carriers or Rule Corrections 11/08/12 77 FR 66935 sellers and/or telemarketers to honor other service providers from Declaratory Ruling 11/29/12 registrations with the National Do-Not- implementing consumer-initiated call- (Release Date). Declaratory Ruling 10/09/15 80 FR 61129 Call Registry indefinitely, unless the blocking technologies; equipment meets the TCPA’s definition of ‘‘autodialer’’ if and Order. registration is cancelled by the Next Action Unde- consumer or the number is removed by it has the ‘‘capacity’’ to store or produce termined. the database administrator. Following a random sequential numbers, and to dial January 22, 2010, NPRM, the them, even if it is not presently used for that purpose; an ‘‘app’’ provider that Regulatory Flexibility Analysis Commission released a Report and Required: Yes. Order (on February 15, 2012) requiring plays a minimal role in making a call, Agency Contact: Kristi Lemoine, telemarketers to obtain prior express such as just proving the app itself, is not Attorney Advisor, Federal written consent, including by electronic the maker of the call for TCPA purposes; Communications Commission, 445 12th means, before making an autodialed or consumers who have previously Street SW., Washington, DC 20554, prerecorded telemarketing call to a consented to robocalls may revoke that Phone: 202 418–2467, Email: wireless number or before making a consent at any time and through any [email protected]. prerecorded telemarketing call to a reasonable means; the TCPA requires residential line; eliminating the the consent of the party called—the RIN: 3060–AI14 subscriber to a phone number or the ‘‘established business relationship’’ 301. Rules and Regulations customary user of the number—not the exemption to the consent requirement Implementing Section 225 of the intended recipient of the call; and for prerecorded telemarketing calls to Communications Act callers who make calls without residential lines; requiring telemarketers (Telecommunications Relay Service) knowledge or reassignment of a wireless to provide an automated, interactive (CG Docket No. 03–123) ‘‘opt-out’’ mechanism during autodialed phone number and with a reasonable or prerecorded telemarketing calls to basis to believe that they have valid Legal Authority: 47 U.S.C. 151; 47 wireless numbers and during consent to make the call to the wireless U.S.C. 154; 47 U.S.C. 225 prerecorded telemarketing calls to number should be able to initiate one Abstract: This proceeding established residential lines; and requiring that the call after reassignment as an additional a new docket flowing from the previous abandoned call rate for telemarketing opportunity to gain actual or telecommunications relay service (TRS) calls be calculated on a ‘‘per-campaign’’ constructive knowledge of the history, CC Docket No. 98–67. This basis. On November 29, 2012, the reassignment and cease future calls to proceeding continues the Commission’s Commission released a Declaratory the new subscriber. The Commission inquiry into improving the quality of Ruling clarifying that sending a one- also exempted certain financial and TRS and furthering the goal of time text message confirming a healthcare-related calls, when free to the functional equivalency, consistent with consumer’s request that no further text consumer, from the TCPA’s consumer- Congress’ mandate that TRS regulations messages be sent does not violate the consent requirement. encourage the use of existing technology Telephone Consumer Protection Act Timetable: and not discourage or impair the (TCPA) or the Commission’s rules as development of new technology. In this Action Date FR Cite long as the confirmation text only docket, the Commission explores ways confirms receipt of the consumer’s opt- NPRM ...... 10/08/02 67 FR 62667 to improve emergency preparedness for out request, and does not contain FNPRM ...... 04/03/03 68 FR 16250 TRS facilities and services, new TRS marketing, solicitations, or an attempt to Order ...... 07/25/03 68 FR 44144 technologies, public access to convince the consumer to reconsider his Order Effective .... 08/25/03 information and outreach, and issues or her opt-out decision. The ruling Order on Recon- 08/25/03 68 FR 50978 related to payments from the Interstate applies only when the sender of the text sideration. TRS Fund. Order ...... 10/14/03 68 FR 59130 messages has obtained prior express FNPRM ...... 03/31/04 69 FR 16873 Timetable: consent, as required by the TCPA and Order ...... 10/08/04 69 FR 60311 Commission rules, from the consumer to Order ...... 10/28/04 69 FR 62816 Action Date FR Cite be sent text messages using an Order on Recon- 04/13/05 70 FR 19330 automatic telephone dialing system. On sideration. NPRM ...... 08/25/03 68 FR 50993 May 9, 2013, the Commission released Order ...... 06/30/05 70 FR 37705 R&O, Order on 09/01/04 69 FR 53346 a declaratory ruling clarifying that while NPRM ...... 12/19/05 70 FR 75102 Reconsideration. FNPRM ...... 09/01/04 69 FR 53382 a seller does not generally ‘‘initiate’’ Public Notice ...... 04/26/06 71 FR 24634 Order ...... 05/03/06 71 FR 25967 Public Notice ...... 02/17/05 70 FR 8034 calls made through a third-party NPRM ...... 12/14/07 72 FR 71099 Declaratory Rul- 02/25/05 70 FR 9239 telemarketer, within the meaning of the Declaratory Ruling 02/01/08 73 FR 6041 ing/Interpreta- Telephone Consumer Protection Act R&O ...... 07/14/08 73 FR 40183 tion. (TCPA), it nonetheless may be held Order on Recon- 10/30/08 73 FR 64556 Public Notice ...... 03/07/05 70 FR 10930 vicariously liable under Federal sideration. Order ...... 03/23/05 70 FR 14568
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Action Date FR Cite Action Date FR Cite Action Date FR Cite
Public Notice/An- 04/06/05 70 FR 17334 Final Rule (Order) 09/27/11 76 FR 59551 Public Notice ...... 01/20/16 81 FR 3085 nouncement of Final Rule; An- 11/22/11 76 FR 72124 Public Notice 02/16/16 Date. nouncement of Comment Pe- Order ...... 07/01/05 70 FR 38134 Effective Date. riod End. Order on Recon- 08/31/05 70 FR 51643 Proposed Rule 02/28/12 77 FR 11997 Next Action Unde- sideration. (Public Notice). termined. R&O ...... 08/31/05 70 FR 51649 Proposed Rule 02/01/12 77 FR 4948 Order ...... 09/14/05 70 FR 54294 (FNPRM). Regulatory Flexibility Analysis Order ...... 09/14/05 70 FR 54298 First R&O ...... 07/25/12 77 FR 43538 Public Notice ...... 10/12/05 70 FR 59346 Public Notice ...... 10/29/12 77 FR 65526 Required: Yes. R&O/Order on 12/23/05 70 FR 76208 Order on Recon- 12/26/12 77 FR 75894 Agency Contact: Karen Peltz Strauss, Reconsideration. sideration. Deputy Chief, Consumer and Order ...... 12/28/05 70 FR 76712 Order ...... 02/05/13 78 FR 8030 Governmental Affairs Bureau, Federal Order ...... 12/29/05 70 FR 77052 Order (Interim 02/05/13 78 FR 8032 Communications Commission, 445 12th NPRM ...... 02/01/06 71 FR 5221 Rule). Street SW., Washington, DC 20554, Declaratory Rul- 05/31/06 71 FR 30818 NPRM ...... 02/05/13 78 FR 8090 Phone: 202 418–2388, Email: ing/Clarification. Announcement of 03/07/13 78 FR 14701 FNPRM ...... 05/31/06 71 FR 30848 Effective Date. [email protected]. FNPRM ...... 06/01/06 71 FR 31131 NPRM Comment 03/13/13 RIN: 3060–AI15 Declaratory Rul- 06/21/06 71 FR 35553 Period End. ing/Dismissal of FNPRM ...... 07/05/13 78 FR 40407 302. Consumer Information, Disclosure, Petition. FNPRM Comment 09/18/13 and Truth in Billing and Billing Format Clarification ...... 06/28/06 71 FR 36690 Period End. Legal Authority: 47 U.S.C. 201; 47 R&O ...... 07/05/13 78 FR 40582 Declaratory Ruling 07/06/06 71 FR 38268 U.S.C. 258 on Reconsider- R&O ...... 08/15/13 78 FR 49693 ation. FNPRM ...... 08/15/13 78 FR 49717 Abstract: In 1999, the Commission Order on Recon- 08/16/06 71 FR 47141 FNPRM Comment 09/30/13 adopted truth-in-billing rules to address sideration. Period End. concerns that there is consumer MO&O ...... 08/16/06 71 FR 47145 R&O ...... 08/30/13 78 FR 53684 confusion relating to billing for Clarification ...... 08/23/06 71 FR 49380 FNPRM ...... 09/03/13 78 FR 54201 telecommunications services. On March FNPRM ...... 09/13/06 71 FR 54009 NPRM ...... 10/23/13 78 FR 63152 18, 2005, the Commission released an FNPRM Comment 11/18/13 Final Rule; Clari- 02/14/07 72 FR 6960 Order and Further Notice of Proposed fication. Period End. Order ...... 03/14/07 72 FR 11789 Petiton for Recon- 12/16/13 78 FR 76096 Rulemaking (FNPRM) to further R&O ...... 08/06/07 72 FR 43546 sideration; Re- facilitate the ability of telephone Public Notice ...... 08/16/07 72 FR 46060 quest for Com- consumers to make informed choices Order ...... 11/01/07 72 FR 61813 ment. among competitive service offerings. On Public Notice ...... 01/04/08 73 FR 863 Petition for Re- 12/16/13 78 FR 76097 August 28, 2009, the Commission R&O/Declaratory 01/17/08 73 FR 3197 consideration; released a Notice of Inquiry that asks Ruling. Request for questions about information available to Order ...... 02/19/08 73 FR 9031 Comment. consumers at all stages of the Order ...... 04/21/08 73 FR 21347 Request for Clari- 12/30/13 78 FR 79362 R&O ...... 04/21/08 73 FR 21252 fication; Re- purchasing process for all Order ...... 04/23/08 73 FR 21843 quest for Com- communications services, including: (1) Public Notice ...... 04/30/08 73 FR 23361 ment; Correc- Choosing a provider; (2) choosing a Order ...... 05/15/08 73 FR 28057 tion. service plan; (3) managing use of the Declaratory Ruling 07/08/08 73 FR 38928 Petition for Re- 01/10/14 service plan; and (4) deciding whether FNPRM ...... 07/18/08 73 FR 41307 consideration and when to switch an existing provider R&O ...... 07/18/08 73 FR 41286 Comment Pe- or plan. On October 14, 2010, the Public Notice ...... 08/01/08 73 FR 45006 riod End. Commission released a Notice of Public Notice ...... 08/05/08 73 FR 45354 NPRM Comment 01/21/14 Proposed Rulemaking (NPRM) Public Notice ...... 10/10/08 73 FR 60172 Period End. Order ...... 10/23/08 73 FR 63078 Announcement of 07/11/14 79 FR 40003 proposing rules that would require 2nd R&O and 12/30/08 73 FR 79683 Effective Date. mobile service providers to provide Order on Re- Announcement of 08/28/14 79 FR 51446 usage alerts and information that will consideration. Effective Date. assist consumers in avoiding Order ...... 05/06/09 74 FR 20892 Correction—An- 08/28/14 79 FR 51450 unexpected charges on their bills. On Public Notice ...... 05/07/09 74 FR 21364 nouncement of July 12, 2011, the Commission released NPRM ...... 05/21/09 74 FR 23815 Effective Date. an NPRM proposing rules that would Public Notice ...... 05/21/09 74 FR 23859 Technical Amend- 09/09/14 79 FR 53303 assist consumers in detecting and Public Notice ...... 06/12/09 74 FR 28046 ments. Order ...... 07/29/09 74 FR 37624 Public Notice ...... 09/15/14 79 FR 54979 preventing the placement of Public Notice ...... 08/07/09 74 FR 39699 R&O and Order ... 10/21/14 79 FR 62875 unauthorized charges on their telephone Order ...... 09/18/09 74 FR 47894 FNPRM ...... 10/21/14 79 FR 62935 bills, an unlawful and fraudulent Order ...... 10/26/09 74 FR 54913 FNPRM Comment 12/22/14 practice, commonly referred to as Public Notice ...... 05/12/10 75 FR 26701 Period End. ‘‘cramming.’’ On April 27, 2012, the Order Denying 07/09/10 Final Action (An- 10/30/14 79 FR 64515 Commission adopted rules to address Stay Motion nouncement of ‘‘cramming’’ on wireline telephone bills (Release Date). Effective Date). and released an FNPRM seeking Order ...... 08/13/10 75 FR 49491 Final Rule Effec- 10/30/14 comment on additional measures to Order ...... 09/03/10 75 FR 54040 tive. NPRM ...... 11/02/10 75 FR 67333 FNPRM ...... 11/08/15 80 FR 72029 protect wireline and wireless consumers NPRM ...... 05/02/11 76 FR 24442 FNPRM Comment 01/01/16 from unauthorized charges. Order ...... 07/25/11 76 FR 44326 Period End. Timetable:
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Action Date FR Cite Action Date FR Cite Action Date FR Cite
FNPRM ...... 05/25/05 70 FR 30044 NPRM ...... 01/13/09 74 FR 1654 NPRM Comment 01/07/13 R&O ...... 05/25/05 70 FR 29979 Final Rule Correc- 09/11/09 74 FR 46703 Period Exten- NOI ...... 08/28/09 tion. sion End. Public Notice ...... 05/20/10 75 FR 28249 Final Rule (An- 02/19/10 75 FR 7370 R&O ...... 05/24/13 78 FR 31770 Public Notice ...... 06/11/10 75 FR 33303 nouncement of FNPRM ...... 05/24/13 78 FR 31800 NPRM ...... 11/26/10 75 FR 72773 Effective Date). FNPRM ...... 12/20/13 78 FR 77074 NPRM ...... 08/23/11 76 FR 52625 Order ...... 02/19/10 75 FR 7368 FNPRM Comment 02/18/14 NPRM Comment 11/21/11 Order Suspending 02/19/10 75 FR 7369 Period End. Period End. Effective Date. NPRM ...... 06/18/13 78 FR 36478 Order (Reply 11/30/11 76 FR 74017 Waiver Order ...... 10/04/10 75 FR 61101 NPRM Comment 08/07/13 Comment Pe- Public Notice ...... 11/17/10 75 FR 70168 Period End. riod Extended). Interim Final Rule 11/01/11 76 FR 67376 R&O ...... 12/20/13 78 FR 77210 Reply Comment 12/05/11 (Order). Petition for Re- 01/31/14 79 FR 5364 Period End. Final Rule 11/01/11 76 FR 67377 consideration. R&O ...... 05/24/12 77 FR 30915 (MO&O). Comment Period 02/25/14 FNPRM ...... 05/24/12 77 FR 30972 NPRM ...... 11/01/11 76 FR 67397 End. FNPRM Comment 07/09/12 NPRM Comment 12/16/11 Correcting 02/10/14 79 FR 7590 Period End. Period End. Amendments. Order (Comment 07/17/12 77 FR 41955 Public Notice ...... 05/04/12 77 FR 26550 Announcement of 04/16/14 79 FR 21399 Period Ex- Public Notice ...... 12/15/12 77 FR 72348 Effective Date. tended). Final Rule Effec- 03/16/15 Final Action (An- 01/26/15 80 FR 3913 Comment Period 07/20/12 tive. nouncement of End. FNPRM ...... 03/27/14 79 FR 17094 Effective Date). Announcement of 10/26/12 77 FR 65230 R&O ...... 03/31/14 79 FR 17911 Final Action Effec- 01/26/15 Effective Dates. FNPRM Comment 07/25/14 tive. Correction of Final 11/30/12 77 FR 71353 Period End. 2nd R&O ...... 07/10/15 80 FR 39698 Rule. Final Action (An- 12/29/14 79 FR 77916 2nd FNPRM ...... 07/10/15 80 FR 39722 Correction of Final 11/30/12 77 FR 71354 nouncement of 2nd FNPRM 09/08/15 Rule. Effective Date). Comment Pe- Next Action Unde- 2nd FNPRM ...... 12/31/14 79 FR 78768 riod End. termined. Comment Period 01/30/15 Next Action Unde- End. termined. Regulatory Flexibility Analysis Next Action Unde- Required: Yes. termined. Regulatory Flexibility Analysis Agency Contact: Richard D Smith, Required: Yes. Special Counsel, Consumer Policy Regulatory Flexibility Analysis Agency Contact: Eliot Greenwald, Division, Federal Communications Required: Yes. Consumer & Governmental Affairs Bureau, Federal Communications Commission, Consumer and Agency Contact: Eliot Greenwald, Commission, 445 12th Street SW., Governmental Affairs Bureau, 445 12th Consumer & Governmental Affairs Washington, DC 20554, Phone: 202 418– Street SW., Washington, DC 20554, Bureau, Federal Communications Phone: 717 338–2797, Fax: 717 338– 2235, Email: [email protected]. Commission, 445 12th Street SW., RIN: 3060–AI75 2574, Email: [email protected]. Washington, DC 20554, Phone: 202 418– RIN: 3060–AI61 2235, Email: [email protected]. 305. Empowering Consumers To Avoid 303. Closed-Captioning of Video RIN: 3060–AI72 Bill Shock (Docket No. 10–207) Programming; CG Docket Nos. 05–231 Legal Authority: 47 U.S.C. 201; 47 and 06–181 (Section 610 Review) 304. Accessibility of Programming Providing Emergency Information; MB U.S.C. 303; 47 U.S.C. 332 Abstract: On October 14, 2010, the Legal Authority: 47 U.S.C. 613 Docket No. 12–107 Abstract: The Commission’s closed- Commission released a Notice of captioning rules are designed to make Legal Authority: 47 U.S.C. 613 Proposed Rulemaking which proposes a video programming more accessible to Abstract: In this proceeding, the rule that would require mobile service deaf and hard-of-hearing Americans. Commission adopted rules detailing providers to provide usage alerts and This proceeding resolves some issues how video programming distributors information to help consumers avoid regarding the Commission’s closed- must make emergency information unexpected charges on their bills. captioning rules that were raised for accessible to persons with hearing and Timetable: comment in 2005, and also seeks visual disabilities. Action Date FR Cite comment on how a certain exemption Timetable: from the closed-captioning rules should Public Notice ...... 05/20/10 75 FR 28249 be applied to digital multicast broadcast Action Date FR Cite NPRM ...... 11/26/10 75 FR 72773 channels. Next Action Unde- Timetable: FNPRM ...... 01/21/98 63 FR 3070 termined. NPRM ...... 12/01/99 64 FR 67236 Action Date FR Cite NPRM Correction 12/22/99 64 FR 71712 Regulatory Flexibility Analysis Second R&O ...... 05/09/00 65 FR 26757 Required: Yes. NPRM ...... 02/03/97 62 FR 4959 R&O ...... 09/11/00 65 FR 54805 Agency Contact: Richard D Smith, R&O ...... 09/16/97 62 FR 48487 Final Rule; Cor- 09/20/00 65 FR 5680 Order on Recon- 10/20/98 63 FR 55959 rection. Special Counsel, Consumer Policy sideration. NPRM ...... 11/28/12 77 FR 70970 Division, Federal Communications NPRM ...... 09/26/05 70 FR 56150 NPRM Comment 12/20/12 77 FR 75404 Commission, Consumer and Order and Declar- 01/13/09 74 FR 1594 Period Ex- Governmental Affairs Bureau, 445 12th atory Ruling. tended. Street SW., Washington, DC 20554,
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Phone: 717 338–2797, Fax: 717 338– Action Date FR Cite Regulatory Flexibility Analysis 2574, Email: [email protected]. Required: Yes. RIN: 3060–AJ51 FNPRM ...... 05/24/12 77 FR 30972 R&O ...... 05/24/12 77 FR 30915 Agency Contact: Richard D. Smith, 306. Contributions to the FNPRM Comment 07/09/12 Special Counsel, Consumer Policy Telecommunications Relay Services Period End. Division, Federal Communications Fund (CG Docket No. 11–47) Order (Extends 07/17/12 77 FR 41955 Commission, Consumer and Legal Authority: 47 U.S.C. 151; 47 Reply Comment Governmental Affairs Bureau, 445 12th Period). U.S.C. 154; 47 U.S.C. 225; 47 U.S.C. 616 Street SW., Washington, DC 20554, FNPRM Comment 07/20/12 Phone: 717 338–2797, Fax: 717 338– Abstract: The Commission prescribes Period End. by regulation the obligations of each Announcement of 10/26/12 77 FR 65230 2574, Email: [email protected]. provider of interconnected and non- Effective Dates. RIN: 3060–AJ84 interconnected Voice over Internet Correction of Final 11/30/12 77 FR 71354 Protocol (VoIP) service to participate in Rule. 309. Implementation of Sections 716 and contribute to the Interstate Correction of Final 11/30/12 77 FR 71353 and 717 of the Communications Act of Telecommunications Relay Services Rule. 1934, as Enacted by the Twenty-First Fund in a manner that is consistent with Next Action Unde- Century Communications and Video and comparable to such fund. termined. Accessibility Act of 2010 (CG Docket Timetable: No. 10–213) Regulatory Flexibility Analysis Action Date FR Cite Required: Yes. Legal Authority: 47 U.S.C. 151; 47 Agency Contact: Richard D. Smith, U.S.C. 154; 47 U.S.C. 255; 47 U.S.C. 617; NPRM ...... 04/04/11 76 FR 18490 Special Counsel, Consumer Policy 47 U.S.C. 618; 47 U.S.C. 619 NPRM Comment 05/04/11 Division, Federal Communications Abstract: These proceedings Period End. Commission, Consumer and Final Rule ...... 10/25/11 76 FR 65965 implement sections 716, 717, and 718 of Governmental Affairs Bureau, 445 12th Next Action Unde- the Communications Act, which were Street SW., Washington, DC 20554, termined. added by the Twenty-First Century Phone: 717 338–2797, Fax: 717 338– 2574, Email: [email protected]. Communications and Video Regulatory Flexibility Analysis Accessibility Act of 2010 (CVAA), Required: Yes. RIN: 3060–AJ72 related to the accessibility of advanced Agency Contact: Rosaline Crawford, 308. Implementation of the Middle Attorney, Disability Rights Office, communications services and Class Tax Relief and Job Creation Act Federal Communications Commission, equipment (section 716), recordkeeping of 2012/Establishment of a Public Safety 445 12th Street SW., Washington, DC and enforcement requirements for Answering Point Do-Not-Call Registry 20554, Phone: 202 418–2075, Email: entities subject to sections 255, 716, and [email protected]. Legal Authority: Public Law 112–96, 718 (section 717), and accessibility of RIN: 3060–AJ63 sec 6507 Internet browsers built into mobile phones (section 718). 307. Empowering Consumers To Abstract: The Commission issued, on Prevent and Detect Billing for May 22, 2012, an NPRM to initiate a Timetable: Unauthorized Charges (‘‘Cramming’’) proceeding to create a Do-Not-Call registry for public safety answer points Action Date FR Cite Legal Authority: 47 U.S.C. 201; 47 (PSAPs), as required by section 6507 of U.S.C. 301; 47 U.S.C. 303; 47 U.S.C. 332 the Middle Class Tax Relief and Job NPRM ...... 03/14/11 76 FR 13800 Abstract: On July 12, 2011, the Creation Act of 2012. The statute NPRM Comment 04/12/11 76 FR 20297 Commission released a Notice of requires the Commission to establish a Period Ex- Proposed Rulemaking proposing rules registry that allows PSAPs to register tended. that would help consumers detect and their telephone numbers on a do-not- NPRM Comment 05/13/11 prevent the placement of unauthorized call list; prohibit the use of automatic Period End. FNPRM ...... 12/30/11 76 FR 82240 charges on telephone bills, an unlawful dialing equipment to contact registered R&O ...... 12/30/11 76 FR 82354 and fraudulent practice commonly numbers; and implement a range of FNPRM Comment 03/14/12 referred to as ‘‘cramming.’’ On April 27, monetary penalties for disclosure of 2012, the Commission adopted rules to Period End. registered numbers and for use of Announcement of 04/25/12 77 FR 24632 address ‘‘cramming’’ on wireline automatic dialing equipment to contact telephone bills and released a Further Effective Date. such numbers. On October 17, 2012, the 2nd R&O ...... 05/22/13 78 FR 30226 Notice of Proposed Rulemaking seeking Commission adopted final rules comment on additional measures to Next Action Unde- implementing the statutory termined. protect wireline and wireless consumers requirements described above. from unauthorized charges. Timetable: Timetable: Regulatory Flexibility Analysis Required: Yes. Action Date FR Cite Action Date FR Cite Agency Contact: Rosaline Crawford, NPRM ...... 06/21/12 77 FR 37362 Attorney, Disability Rights Office, NPRM ...... 08/23/11 76 FR 52625 R&O ...... 10/29/12 77 FR 71131 NPRM Comment 11/21/11 Federal Communications Commission, Correction 02/13/13 78 FR 10099 445 12th Street SW., Washington, DC Period End. Amendments. Order (Extends 11/30/11 76 FR 74017 Announcement of 03/26/13 78 FR 18246 20554, Phone: 202 418–2075, Email: Reply Comment Effective Date. [email protected]. Period). Next Action Unde- RIN: 3060–AK00 NPRM Comment 12/05/11 termined. Period End.
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310. Misuse of Internet Protocol (IP) 5158, TDD Phone: 202 418–0413, Email: Government operations in the band. The Captioned Telephone Service; [email protected]. eighth Report and Order reallocated the Telecommunications Relay Services RIN: 3060–AK01 2155–2160 MHz band for fixed and and Speech-to-Speech Services; CG mobile services and designates the Docket No. 13–24 2155–2175 MHz band for Advanced Legal Authority: 47 U.S.C. 151; 47 FEDERAL COMMUNICATIONS Wireless Service (AWS) use. This U.S.C. 154; 47 U.S.C. 225 COMMISSION (FCC) proceeding continues the Commission’s Abstract: The FCC initiated this ongoing efforts to promote spectrum proceeding in its effort to ensure that IP Office of Engineering and Technology utilization and efficiency with regard to CTS is available for eligible users only. Long-Term Actions the provision of new services, including In doing so, the FCC released an Interim Advanced Wireless Services. The Order Order and Notice of Proposed 311. New Advanced Wireless Services requires Broadband Radio Service (BRS) Rulemaking (NPRM) to address certain (ET Docket No. 00–258) licensees in the 2150–2160/62 MHz practices related to the provision and Legal Authority: 47 U.S.C. 154(i); 47 band to provide information on the marketing of Internet Protocol U.S.C. 157(a); 47 U.S.C. 303(c); 47 construction status and operational Captioned Telephone Service (IP CTS). U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. parameters of each incumbent BRS IP CTS is a form of relay service 303(r) system that would be the subject of designed to allow people with hearing Abstract: This proceeding explores relocation. The Notice of Proposed Rule loss to speak directly to another party the possible uses of frequency bands Making requested comments on the on a telephone call and to below 3 GHz to support the introduction specific relocation procedures simultaneously listen to the other party of new advanced wireless services, applicable to Broadband Radio Service and read captions of what that party is including third generations as well as (BRS) operations in the 2150–2160/62 saying over an IP-enabled device. To future generations of wireless systems. MHz band, which the Commission ensure that IP CTS is provided Advanced wireless systems could recently decided will be relocated to the efficiently to persons who need to use provide for a wide range of voice data newly restructured 2495–2690 MHz this service, this new Order establishes and broadband services over a variety of band. The Commission also requested several requirements on a temporary mobile and fixed networks. The Third comments on the specific relocation basis from March 7, 2013, to September Notice of Proposed Rulemaking procedures applicable to Fixed 3, 2013. discusses the frequency bands that are Microwave Service (FS) operations in Timetable: still under consideration in this the 2160–2175 MHz band. The Office of proceeding and invites additional Engineering and Technology (OET) and Action Date FR Cite comments on their disposition. the Wireless Telecommunications Specifically, it addresses the Unlicensed Bureau (WTB) set forth the specific data NPRM ...... 02/05/13 78 FR 8090 Personal Communications Service that Broadband Radio Service (BRS) Order (Interim 02/05/13 78 FR 8032 (UPCS) band at 1910–1930 MHz, the licensees in the 2150–2160/62 MHz Rule). Multipoint Distribution Service (MDS) band must file along with the deadline Order ...... 02/05/13 78 FR 8030 Announcement of 03/07/13 78 FR 14701 spectrum at 2155–2160/62 MHz bands, date and procedures for filing this data Effective Date. the Emerging Technology spectrum, at on the Commission’s Universal NPRM Comment 03/12/13 2160–2165 MHz, and the bands Licensing System (ULS). The data will Period End. reallocated from MSS 91990–2000 MHz, assist in determining future AWS R&O ...... 08/30/13 78 FR 53684 2020–2025 MHz, and 2165–2180 MHz. licensees’ relocation obligations. The FNPRM ...... 09/30/13 78 FR 54201 We seek comment on these bands with ninth Report and Order established FNPRM Comment 11/18/13 respect to using them for paired or procedures for the relocation of Period End. unpaired Advance Wireless Service Broadband Radio Service (BRS) Petition for Re- 12/16/13 78 FR 76097 (AWS) operations or as relocation operations from the 2150–2160/62 MHz consideration Request for spectrum for existing services. The band, as well as for the relocation of Comment. seventh Report and Order facilitates the Fixed Microwave Service (FS) Petiton for Recon- 01/10/14 introduction of Advanced Wireless operations from the 2160–2175 MHz sideration Com- Service (AWS) in the band 1710–1755 band, and modified existing relocation ment Period MHz—an integral part of a 90 MHz procedures for the 2110–2150 MHz and End. spectrum allocation recently reallocated 2175–2180 MHz bands. It also Announcement of 08/28/14 79 FR 51446 to allow for such new and innovative established cost-sharing rules to identify Effective Date. wireless services. We largely adopt the the reimbursement obligations for Correction—An- 08/28/14 79 FR 51450 proposals set forth in our recent AWS Advanced Wireless Service (AWS) and nouncement of Effective Date. Fourth NPRM in this proceeding that Mobile Satellite Service (MSS) entrants Technical Amend- 09/09/14 79 FR 53303 are designed to clear the 1710–1755 benefiting from the relocation of ments. MHz band of incumbent Federal incumbent FS operations in the 2110– Next Action Unde- Government operations that would 2150 MHz and 2160–2200 MHz bands termined. otherwise impede the development of and AWS entrants benefiting from the new nationwide AWS services. These relocation of BRS incumbents in the Regulatory Flexibility Analysis actions are consistent with previous 2150–2160/62 MHz band. The Required: Yes. actions in this proceeding and with the Commission continues its ongoing Agency Contact: Greg Hlibok, Chief, United States Department of Commerce, efforts to promote spectrum utilization Disability Rights Office, Federal National Telecommunications and and efficiency with regard to the Communications Commission, Information Administration (NTIA) provision of new services, including Consumer and Governmental Affairs 2002 Viability Assessment, which AWS. The Order dismisses a petition for Bureau, 445 12th Street SW., addressed relocation and reconsideration filed by the Wireless Washington, DC 20554, Phone: 202 559– reaccommodation options for Federal Communications Association
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International, Inc. (WCA) as moot. Two Proposed Rule Making the Commission Abstract: In the Report and Order the petitions for reconsideration were filed proposed to modify its cost sharing Federal Communications Commission in response to the ninth Report and requirements for the 2 GHz BAS band (Commission) resolved several issues Order. The Report and Orders and because the circumstances surrounding regarding compliance with its Declaratory Ruling concludes the the BAS transition are very different regulations for conducting Commission’s longstanding efforts to than what was expected when the cost environmental reviews under the relocate the Broadcast Auxiliary Service sharing requirements were adopted. The National Environmental Policy Act (BAS) from the 1990–2110 MHz band to Commission believes that the best (NEPA) as they relate to the guidelines the 2025–2110 MHz band, freeing up 35 course of action is to propose new for human exposure to RF megahertz of spectrum in order to foster requirements that will address the electromagnetic fields. More the development of new and innovative ambiguity of applying the literal specifically, the Commission clarifies services. This decision addresses the language of the current requirements to evaluation procedures and references to outstanding matter of Sprint Nextel the changed circumstances, as well as determine compliance with its limits, Corporation’s (Sprint Nextel) inability to balance the responsibilities for and including specific absorption rate (SAR) agree with Mobile Satellite Service benefits of relocating incumbent BAS as a primary metric for compliance, (MSS) operators in the band on the operations among all new entrants in consideration of the pinna (outer ear) as sharing of the costs to relocate the BAS the band based on the Commission’s an extremity, and measurement of incumbents. To resolve this controversy, relocation policies set forth in the medical implant exposure. The the Commission applied its time- Emerging Technologies proceeding. Commission also elaborates on honored relocation principles for Timetable: mitigation procedures to ensure emerging technologies previously compliance with its limits, including adopted for the BAS band to the instant Action Date FR Cite labeling and other requirements for relocation process, where delays and occupational exposure classification, NPRM ...... 01/23/01 66 FR 7438 clarification of compliance unanticipated developments have left NPRM Comment 03/09/01 ambiguities and misconceptions among Period End. responsibility at multiple transmitter the relocating parties. In the process, the Final Report ...... 04/11/01 66 FR 18740 sites, and labeling of fixed consumer Commission balances the FNPRM ...... 09/13/01 66 FR 47618 transmitters. responsibilities for and benefits of MO&O ...... 09/13/01 66 FR 47591 Timetable: relocating incumbent BAS operations First R&O ...... 10/25/01 66 FR 53973 Action Date FR Cite among all the new entrants in the Petition for Re- 11/02/01 66 FR 55666 consideration. different services that will operate in the Second R&O ...... 01/24/03 68 FR 3455 NPRM ...... 09/08/03 68 FR 52879 band. The Commission proposed to Third NPRM ...... 03/13/03 68 FR 12015 NPRM Comment 12/08/03 modify its cost-sharing requirements for Seventh R&O ...... 12/29/04 69 FR 7793 Period End. the 2 GHz BAS band because the Petition for Re- 04/13/05 70 FR 19469 R&O ...... 06/04/13 78 FR 33634 circumstances surrounding the BAS consideration. Petition for Recon 08/27/13 78 FR 52893 transition are very different than what Eighth R&O ...... 10/26/05 70 FR 61742 Next Action Unde- termined. was expected when the cost-sharing Order ...... 10/26/05 70 FR 61742 NPRM ...... 10/26/05 70 FR 61752 requirements were adopted. The Regulatory Flexibility Analysis Commission believed that the best Public Notice ...... 12/14/05 70 FR 74011 Ninth R&O and 05/24/06 71 FR 29818 Required: Yes. course of action was to propose new Order. Agency Contact: Ira Keltz, Electronics requirements that would address the Petition for Re- 07/19/06 71 FR 41022 Engineer, Federal Communications ambiguity of applying the literal consideration. Commission, Office of Engineering and language of the current requirements to FNPRM ...... 03/31/08 73 FR 16822 Technology, 445 12th Street SW., the changed circumstances, as well as R&O and NPRM 06/23/09 74 FR 29607 Washington, DC 20554, Phone: 202 418– balance the responsibilities for and FNPRM ...... 06/23/09 74 FR 29607 0616, Fax: 202 418–1944, Email: ikeltz@ benefits of relocating incumbent BAS 5th R&O, 11th 11/02/10 75 FR 67227 R&O, 6th R&O, fcc.gov. operations among all new entrants in RIN: 3060–AI17 the band based on the Commission’s and Declaratory Ruling. relocation policies set forth in the 313. Unlicensed Operation in the TV Next Action Unde- Broadcast Bands (ET Docket No. 04– Emerging Technologies proceeding. The termined. Commission proposed to eliminate, as 186) of January 1, 2009, the requirement that Regulatory Flexibility Analysis Legal Authority: 47 U.S.C. 154(i); 47 Broadcast Auxiliary Service (BAS) Required: Yes. U.S.C. 302; 47 U.S.C. 303(e) and 303(f); licensees in the 30 largest markets and Agency Contact: Rodney Small, 47 U.S.C. 303(r); 47 U.S.C. 307 fixed BAS links in all markets be Economist, Federal Communications Abstract: The Commission adopted transitioned before the Mobile Satellite Commission, Office of Engineering and rules to allow unlicensed radio Service (MSS) operators can begin Technology, 445 12th Street SW., transmitters to operate in the broadcast offering service. The Commission also Washington, DC 20554, Phone: 202 418– television spectrum at locations where sought comments on how to mitigate 2452, Fax: 202 418–1944, Email: that spectrum is not being used by interference between new MSS entrants [email protected]. licensed services (this unused TV and incumbent BAS licensees who had RIN: 3060–AH65 spectrum is often termed ‘‘white not completed relocation before the spaces’’). This action will make a MSS entrants begin offering service. In 312. Exposure to Radiofrequency significant amount of spectrum addition, the Commission sought Electromagnetic Fields (ET Docket No. available for new and innovative comments on allowing MSS operators to 10–97) products and services, including begin providing service in those markets Legal Authority: 47 U.S.C. 151; 47 broadband data and other services for where BAS incumbents have been U.S.C. 302 and 303; 47 U.S.C. 309(j); 47 businesses and consumers. The actions transitioned. In the Further Notice of U.S.C. 336 taken are a conservative first step that
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includes many safeguards to prevent Action Date FR Cite of Allocations, allowing more flexible harmful interference to incumbent use of the band, including for terrestrial communications services. Moreover, the Second MO&O .... 12/06/10 75 FR 75814 broadband services, in the future. Commission will closely oversee the Petitions for Re- 02/09/11 76 FR 7208 Second, to create greater predictability development and introduction of these consideration. and regulatory parity with the bands devices to the market and will take 3rd MO&O and 05/17/12 77 FR 28236 licensed for terrestrial mobile Order. whatever actions may be necessary to Next Action Unde- broadband service, the Commission avoid, and if necessary, correct any termined. extends its existing secondary market interference that may occur. The Second spectrum manager spectrum leasing Memorandum Opinion and Order Regulatory Flexibility Analysis policies, procedures, and rules that finalizes rules to make the unused Required: Yes. currently apply to wireless terrestrial spectrum in the TV bands available for Agency Contact: Hugh Van Tuyl, services to terrestrial services provided unlicensed broadband wireless devices. Electronics Engineer, Federal using the Ancillary Terrestrial This particular spectrum has excellent Communications Commission, Office of Component (ATC) of an MSS system. propagation characteristics that allow Engineering and Technology, 445 12th Petitions for Reconsideration have been signals to reach farther and penetrate Street SW., Washington, DC 20554, filed in the Commission’s rulemaking walls and other structures. Access to Phone: 202 418–7506, Fax: 202 418– proceeding concerning Fixed and this spectrum could enable more 1944, Email: [email protected]. Mobile Services in the Mobile Satellite powerful public Internet connections— RIN: 3060–AI52 Service Bands at 1525–1559 MHz and super Wi-Fi hot spots—with extended 1626.5–1660.5 MHz, 1610–1626.5 MHz range, fewer dead spots, and improved 314. Fixed and Mobile Services in the and 2483.5–2500 MHz, and 2000–2020 individual speeds as a result of reduced Mobile Satellite Service (ET Docket No. MHz and 2180–2200 MHz, and congestion on existing networks. This 10–142) published pursuant to 47 CFR 1.429(e). type of ‘‘opportunistic use’’ of spectrum Legal Authority: 47 U.S.C. 154(i) and See 1.4(b)(1) of the Commission’s rules. has great potential for enabling access to 301; 47 U.S.C. 303(c) and 303(f); 47 Timetable: other spectrum bands and improving U.S.C. 303(r) and 303(y); 47 U.S.C. 310 spectrum efficiency. The Commission’s Abstract: The Notice of Proposed Action Date FR Cite actions here are expected to spur Rulemaking proposed to take a number NPRM ...... 08/16/10 75 FR 49871 investment and innovation in of actions to further the provision of NPRM Comment 09/15/10 applications and devices that will be terrestrial broadband services in the Period End. used not only in the TV band, but MSS bands. In the 2 GHz MSS band, the Reply Comment 09/30/10 eventually in other frequency bands as Commission proposed to add co- Period End. well. This Order addressed five primary Fixed and Mobile allocations to R&O ...... 05/31/11 76 FR 31252 petitions for reconsideration of the the existing Mobile-Satellite allocation. Petitions for Re- 08/10/11 76 FR 49364 Commission’s decisions in the Second This would lay the groundwork for consideration. Memorandum Opinion and Order providing additional flexibility in use of Next Action Unde- termined. (‘‘Second MO&O’’) in this proceeding the 2 GHz spectrum in the future. The and modified rules in certain respects. Commission also proposed to apply the Regulatory Flexibility Analysis In particular, the Commission: (1) terrestrial secondary market spectrum Required: Yes. Increased the maximum height above leasing rules and procedures to Agency Contact: Nicholas Oros, average terrain (HAAT) for sites where transactions involving terrestrial use of Electronics Engineer, Federal fixed devices may operate; (2) modified the MSS spectrum in the 2 GHz, Big Communications Commission, 445 12th the adjacent channel emission limits to LEO, and L-bands in order to create Street SW., Washington, DC 20554, specify fixed rather than relative levels; greater certainty and regulatory parity Phone: 202 418–0636, Email: and (3) slightly increased the maximum with bands licensed for terrestrial [email protected]. permissible power spectral density broadband service. The Commission RIN: 3060–AJ46 (PSD) for each category of TV bands also asked, in a notice of inquiry, about device. These changes will result in approaches for creating opportunities 315. Radio Experimentation and decreased operating costs for fixed for full use of the 2 GHz band for Market Trials Under Part 5 of the TVBDs and allow them to provide standalone terrestrial uses. The Commission’s Rules and Streamlining greater coverage, thus increasing the Commission requested comment on Other Related Rules (ET Docket No. 10– availability of wireless broadband ways to promote innovation and 236) services in rural and underserved areas investment throughout the MSS bands Legal Authority: 47 U.S.C. 154(i); 47 without increasing the risk of while also ensuring market-wide mobile U.S.C. 301 and 303 interference to incumbent services. The satellite capability to serve important Abstract: The Commission initiated Commission also revised and amended needs like disaster recovery and rural this proceeding to promote innovation several of its rules to better effectuate access. and efficiency in spectrum use in the the Commission’s earlier decisions in In the Report and Order, the Experimental Radio Service (ERS). For this docket and to remove ambiguities. Commission amended its rules to make many years, the ERS has provided fertile Timetable: additional spectrum available for new ground for testing innovative ideas that investment in mobile broadband have led to new services and new Action Date FR Cite networks while also ensuring that the devices for all sectors of the economy. United States maintains robust mobile The Commission proposed to leverage NPRM ...... 06/18/04 69 FR 34103 First R&O ...... 11/17/06 71 FR 66876 satellite service capabilities. First, the the power of experimental radio FNPRM ...... 11/17/06 71 FR 66897 Commission adds co-primary Fixed and licensing to accelerate the rate at which R&O and MO&O 02/17/09 74 FR 7314 Mobile allocations to the Mobile these ideas transform from prototypes to Petitions for Re- 04/13/09 74 FR 16870 Satellite Service (MSS) 2 GHz band, consumer devices and services. Its goal consideration. consistent with the International Table is to inspire researchers to dream,
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discover, and deliver the innovations (RF)-based medical devices, if the 77 GHz band to improve collision that push the boundaries of the device being tested is designed to avoidance and driver safety. Vehicular broadband ecosystem. The resulting comply with all applicable service rules radars can determine the exact distance advancements in devices and services in part 18, Industrial, Scientific, and and relative speed of objects in front of, available to the American public and Medical Equipment; part 95, Personal beside, or behind a car to improve the greater spectrum efficiency over the Radio Services subpart H Wireless driver’s ability to perceive objects under long term will promote economic Medical Telemetry Service; or part 95, bad visibility conditions or objects that growth, global competitiveness, and a subpart I Medical Device are in blind spots. These modifications better way of life for all Americans. Radiocommunication Service. This to the rules will provide more efficient In the Report and Order (R&O), the proposal is designed to establish parity use of spectrum, and enable the Commission revised and streamlined its between all qualified medical device automotive and fixed radar application rules to modernize the Experimental manufacturers for conducting basic industries to develop enhanced safety Radio Service (ERS). The rules adopted research and clinical trials with RF- measures for drivers and the general in the R&O updated the ERS to a more based medical devices as to permissible public. The Commission takes this flexible framework to keep pace with frequencies of operation. action in response to petitions for the speed of modern technological This Memorandum Opinion and rulemaking filed by Toyota Motor change while continuing to provide an Order responds to three petitions for Corporation (‘‘TMC’’) and Era Systems environment where creativity can reconsideration seeking to modify Corporation (‘‘Era’’). The Report and thrive. To accomplish this transition, certain rules adopted in the Report and Order amends the Commission’s rules to the Commission created three new types Order in this proceeding. In response, provide a more efficient use of the 76– of ERS licenses—the program license, the Commission modifies its rules, 77 GHz band, and to enable the the medical testing license, and the consistent with past practice, to permit automotive and aviation industries to compliance testing license—to benefit conventional Experimental Radio develop enhanced safety measures for the development of new technologies, Service (ERS) licensees and compliance drivers and the general public. expedite their introduction to the testing licensees to use bands Specifically, the Commission eliminated marketplace, and unleash the full power exclusively allocated to the passive the in-motion and not-in-motion of innovators to keep the United States services in some circumstances; clarifies distinction for vehicular radars, and at the forefront of the communications that some cost recovery is permitted for instead adopted new uniform emission industry. The Commission’s actions also the testing and operation of limits for forward, side, and rear-looking modified the market trial rules to experimental medical devices that take vehicular radars. This will facilitate eliminate confusion and more clearly place under its market trial rules; and enhanced vehicular radar technologies articulate its policies with respect to adds a definition of emergency to improve collision avoidance and marketing products prior to equipment notification providers: to its rules to driver safety. The Commission also certification. The Commission believes clarify that all participants in the amended its rules to allow the operation that these actions will remove Emergency Alert System (EAS) are such of fixed radars at airport locations in the regulatory barriers to experimentation, providers. However, the Commission 76–77 GHz band for purposes of thereby permitting institutions to move declines to expand the eligibility for detecting foreign object debris on from concept to experimentation to medical testing licenses. runways and monitoring aircraft and finished product more rapidly and to Timetable: service vehicles on taxiways and other more quickly implement creative airport vehicle service areas that have problem-solving methodologies. Action Date FR Cite no public vehicle access. The The Memorandum Opinion and Order Commission took this action in response responds to three petitions for NPRM ...... 02/08/11 76 FR 6928 reconsideration seeking to modify NPRM Comment 03/10/11 to petitions for rulemaking filed by certain rules adopted in the Report and Period End. Toyota Motor Corporation (‘‘TMC’’) and Order in this proceeding. In response, R&O ...... 04/29/13 78 FR 25138 Era Systems Corporation (‘‘Era’’). the Commission modifies its rules, FNPRM ...... 08/31/15 80 FR 52437 Petitions for Reconsideration were filed MO&O ...... 08/31/15 80 FR 52408 consistent with past practice, to permit by Navtech Radar, Ltd. and Honeywell Next Action Unde- International Inc. conventional Experimental Radio termined. Service (ERS) licensees and compliance Navtech Radar, Ltd. and Honeywell International, Inc., filed petitions for testing licensees to use bands Regulatory Flexibility Analysis reconsideration in response to the exclusively allocated to the passive Required: Yes. services in some circumstances; clarifies Agency Contact: Nnake Nweke, Chief, Vehicular Radar R&O that modified the that some cost recovery is permitted for Experimental Licensing Branch, Federal Commission’s part 15 rules to permit the testing and operation of Communications Commission, Office of vehicular radar technologies and experimental medical devices that take Engineering and Technology, 445 12th airport-based fixed radar applications in place under its market trial rules; and Street SW., Washington, DC 20554, the 76–77 GHz band. adds a definition of emergency Phone: 202 418–0785, Email: The Commission denied Honeywell’s notification providers to its rules to [email protected]. petition. Section 1.429(b) of the clarify that all participants in the RIN: 3060–AJ62 Commission’s rules provides three ways Emergency Alert System (EAS) are such in which a petition for reconsideration providers. However, the Commission 316. Operation of Radar Systems in the can be granted, and none of these have declines to expand the eligibility for 76–77 GHz Band (ET Docket No. 11–90) been met. Honeywell has not shown medical testing licenses. Legal Authority: 47 U.S.C. 151; 47 that its petition relies on facts regarding In the Further Notice of Proposed U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. fixed radar use which had not Rulemaking the Commission proposes 301; 47 U.S.C. 302; 47 U.S.C. 303(f) previously been presented to the to modify the rules for program Abstract: The Commission proposed Commission, nor does it show that its experimental licenses to permit to amend its rules to enable enhanced petition relies on facts that relate to experimentation for radio frequency vehicular radar technologies in the 76– events that changed since Honeywell
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had the last opportunity to present its Telecommunications and Information Mobile-Satellite Service (MSS) earth facts regarding fixed radar use. Administration (NTIA) submitted to the stations operated by Federal agencies The Commission stated in the Commission in August 2009. As part of under authorizations granted by the Vehicular Radar R&O, ‘‘that no parties its comprehensive review of the National Telecommunications and have come forward to support fixed Allocation Table, the Commission also Information Administration (NTIA) in radar applications beyond airport proposed to make allocation changes certain frequency bands. The locations in this band,’’ and it decided that are not related to the WRC–07 Final Commission also proposes to amend a not to adopt provisions for unlicensed Acts and update certain service rules, footnote to the Allocation Table to fixed radar use other than those for FOD and requested comment on other permit a Federal MSS system to operate detection applications at airport allocation issues that concern portions in the 399.9–400.05 MHz band; it also locations. Because Navtech first of the RF spectrum between 137.5 kHz makes alternative proposals to modify participated in the proceeding when it and 54.25 GHz. the Allocation Table to provide access filed its petition well after the decision In the Report and Order the to spectrum on an interference protected was published, its petition fails to meet Commission implemented allocation basis to Commission licensees for use the timeliness standard of section changes from the World during the launch of launch vehicles 1.429(d). Radiocommunication Conference (i.e., rockets). The Commission also In connection with the Commission’s (Geneva, 2007) (WRC–07) and updated seeks comment broadly on the future decision to deny the petitions for related service rules. The Commission spectrum needs of the commercial space reconsideration discussed above, the took this action in order to conform its sector. The Commission expects that, if Commission terminates ET Docket Nos. rules, to the extent practical, to the adopted, these proposals would advance 10–28 and 11–90 (pertaining to decisions that the international the commercial space industry and the vehicular radar). community made at WRC–07. This important role it will play in our Timetable: action will promote the advancement of Nation’s economy and technological new and expanded services and provide innovation now and in the future. Action Date FR Cite significant benefits to the American Timetable: people. In addition, the Commission NPRM ...... 06/16/11 76 FR 35176 revised the International Table of Action Date FR Cite R&O ...... 08/13/12 77 FR 48097 Petition for Re- 11/11/12 77 FR 68722 Frequency Allocations within its rules NPRM ...... 07/01/13 78 FR 39200 consideration. to generally reflect the allocation Next Action Unde- Reconsideration 03/06/15 80 FR 12120 changes made at the World termined. Order. Radiocommunication Conference Next Action Unde- (Geneva, 2012) (WRC–12). termined. Timetable: Regulatory Flexibility Analysis Required: Yes. Regulatory Flexibility Analysis Action Date FR Cite Agency Contact: Nicholas Oros, Required: Yes. Electronics Engineer, Federal Agency Contact: Aamer Zain, Federal NPRM ...... 12/27/12 77 FR 76250 Communications Commission, 445 12th Communications Commission, 445 12th NPRM Comment 02/25/13 Street SW., Washington, DC 20554, Street SW., Washington, DC 20554, Period End. Phone: 202 418–0636, Email: Report and Order 04/23/15 80 FR 38811 [email protected]. Phone: 202 418–2437, Email: Next Action Unde- [email protected]. termined. RIN: 3060–AK09 RIN: 3060–AJ68 319. Authorization of Radiofrequency 317. WRC–07 Implementation (ET Regulatory Flexibility Analysis Equipment; ET Docket No. 13–44 Docket No. 12–338) Required: Yes. Agency Contact: Tom Mooring, Legal Authority: 47 U.S.C. 151; 47 Legal Authority: 47 U.S.C. 151; 47 Electronics Engineer, Federal U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. U.S.C. 154; 47 U.S.C. 301; 47 U.S.C. Communications Commission, Office of 301; 47 U.S.C. 303(f); 47 U.S.C. 303(g); 302(a); 47 U.S.C. 303 Engineering and Technology, 445 12th 47 U.S.C. 303(r); 47 U.S.C. 307(e); 47 Abstract: In the Notice of Proposed Street SW., Washington, DC 20554, U.S.C. 332 Rulemaking (NPRM), the Commission Phone: 202 418–2450, Fax: 202 418– Abstract: The Commission is proposed to amend parts 1, 2, 74, 78, 87, 1944, Email: [email protected]. responsible for an equipment 90, and 97 of its rules to implement RIN: 3060–AJ93 authorization program for allocation decisions from the World radiofrequency (RF) devices under part Radiocommunication Conference 318. Federal Earth Stations—Non- 2 of its rules. This program is one of the (Geneva, 2007) (WRC 07) concerning Federal Fixed Satellite Service Space primary means that the Commission portions of the radio frequency (RF) Stations; Spectrum for Non-Federal uses to ensure that the multitude of RF spectrum between 108 MHz and 20.2 Space Launch Operations; ET Docket devices used in the United States GHz and to make certain updates to its No. 13–115 operate effectively without causing rules in this frequency range. The Legal Authority: 47 U.S.C. 154; 47 harmful interference and otherwise NPRM follows the Commission’s July U.S.C. 302(a); 47 U.S.C. 303; 47 U.S.C. comply with the Commission rules. All 2010 WRC–07 Table Clean-up Order, 75 336 RF devices subject to equipment FR 62924, October 13, 2010, which Abstract: The Notice of Proposed authorization must comply with the made certain nonsubstantive, editorial Rulemaking proposes to make spectrum Commission’s technical requirement revisions to the Table of Frequency allocation proposals for three different before they can be imported or Allocations (Allocation Table) and to space related purposes. The marketed. The Commission or a other related rules. The Commission Commission makes two alternative Telecommunication Certification Body also addressed the recommendations for proposals to modify the Allocation (TCB) must approve some of these implementation of the WRC–07 Final Table to provide interference protection devices before they can be imported or Acts that the National for Fixed-Satellite Service (FSS) and marketed, while others do not require
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such approval. The Commission last other or to other communications 321. Spectrum Access for Wireless comprehensively reviewed its devices and services. Microphone Operations (GN Docket equipment authorization program more Timetable: Nos. 14–166 and 12–268) than 10 years ago. The rapid innovation Legal Authority: 47 U.S.C. 151; 47 in equipment design since that time has Action Date FR Cite U.S.C. 154(i); 47 U.S.C. 157(a); 47 U.S.C. led to ever-accelerating growth in the 301; 47 U.S.C. 303(f); 47 U.S.C. 303(g); number of parties applying for NPRM ...... 05/03/13 78 FR 25916 R&O ...... 06/12/15 80 FR 33425 47 U.S.C. 303(r); 47 U.S.C. 307(e); 47 equipment approval. The Commission U.S.C. 332 therefore believes that the time is now Next Action Unde- termined. Abstract: The Notice of Proposed Rule right for us to comprehensively review Making initiated a proceeding to our equipment authorization processes address how to accommodate the long- to ensure that they continue to enable Regulatory Flexibility Analysis Required: Yes. term needs of wireless microphone this growth and innovation in the users. Wireless microphones play an wireless equipment market. In May of Agency Contact: Hugh Van Tuyl, important role in enabling broadcasters 2012, the Commission began this reform Electronics Engineer, Federal and other video programming networks process by issuing an Order to increase Communications Commission, Office of to serve consumers, including as they the supply of available grantee codes. Engineering and Technology, 445 12th cover breaking news and broadcast live With this Notice of Proposed Street SW., Washington, DC 20554, sports events. They enhance event Rulemaking (NPRM), the Commission Phone: 202 418–7506, Fax: 202 418– productions in a variety of settings continues its work to review and reform 1944, Email: [email protected]. including theaters and music venues, the equipment authorization processes RIN: 3060–AK10 film studios, conventions, corporate and rules. This Notice of Proposed events, houses of worship, and internet Rulemaking proposes certain changes to 320. Operation of Radar Systems in the 76–77 GHz Band (ET Docket No. 15–26) webcasts. They also help create high the Commission’s part 2 equipment quality content that consumers demand authorization processes to ensure that Legal Authority: 47 U.S.C. 1; 47 U.S.C. and value. Recent actions by the they continue to operate efficiently and 4(i); 47 U.S.C. 154(i); 47 U.S.C. 302; 47 Commission, and in particular the effectively. In particular, it addresses U.S.C. 303(f); 47 U.S.C. 303(r); 47 U.S.C. repurposing of broadcast television the role of TCBs in certifying RF 332; 47 U.S.C. 337 band spectrum for wireless services set equipment and post-market forth in the Incentive Auction R&O, will Abstract: The Notice of Proposed surveillance, as well as the significantly alter the regulatory Rulemaking proposes to authorize radar Commission’s role in assessing TCB environment in which wireless applications in the 76–81 GHz band. performance. The NPRM also addressed microphones operate, which The Commission seeks to develop a the role of test laboratories in the RF necessitates our addressing how to flexible and streamlined regulatory equipment approval process, including accommodate wireless microphone framework that will encourage efficient, accreditation of test labs and the users in the future. innovative uses of the spectrum and to Commission’s recognition of laboratory allow various services to operate on an In the Report and Order, the accreditation bodies, and measurement interference-protected basis. In doing so, Commission takes several steps to procedures used to determine RF it further seeks to adopt service rules accommodate the long-term needs of equipment compliance. Finally, it that will allow for the deployment of the wireless microphone users. Wireless proposes certain modifications to the various radar applications in this band, microphones play an important role in rules regarding TCBs that approve both within and outside the U.S. The enabling broadcasters and other video terminal equipment under part 68 of the Commission takes this action in programming networks to serve rules that are consistent with our response to a petition for rulemaking consumers, including as they cover proposed modifications to the rules for filed by Robert Bosch, LLC (Bosch) and breaking news and live sports events. TCBs that approve RF equipment. two petitions for reconsideration of the They enhance event productions in a Specifically, the Commission proposes 2012 Vehicular Radar R&O. variety of settings including theaters to recognize the National Institute for and music venues, film studios, Standards and Technology (NIST) as the Timetable: conventions, corporate events, houses of organization that designates TCBs in the worship, and internet webcasts. They Action Date FR Cite United States and to modify the rules to also help create high quality content reference the current International NPRM ...... 03/06/15 80 FR 12120 that consumers demand and value. In Organization for Standardization and NPRM Comment 04/06/15 particular, the Commission provide International Electrotechnical Period End. additional opportunities for wireless Commission (ISO/IEC) guides used to NPRM Reply 04/20/15 microphone operations in the TV bands accredit TCBs. Comment Pe- following the upcoming incentive riod End. This Report and Order updates the auction, and the Commission provide Next Action Unde- new opportunities for wireless Commission’s radiofrequency (RF) termined. equipment authorization program to microphone operations to access spectrum in other frequency bands build on the success realized by its use Regulatory Flexibility Analysis where they can share use of the bands of Commission-recognized Required: Yes. without harming existing users. Telecommunications Certification Bodies (TCBs). The rules the Agency Contact: Aamer Zain, Federal Timetable: Commission is adopting will facilitate Communications Commission, 445 12th Action Date FR Cite the continued rapid introduction of new Street SW., Washington, DC 20554, Phone: 202 418–2437, Email: and innovative products to the market NPRM ...... 11/21/14 79 FR 69387 while ensuring that these products do [email protected]. NPRM Comment 01/05/15 not cause harmful interference to each RIN: 3060–AK29 Period End.
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Action Date FR Cite proceeding, the Commission determined Street SW., Washington, DC 20554, that different procedures were better Phone: 202 418–0803, Email: NPRM Reply 01/26/15 suited for different kinds of satellite [email protected]. Comment Pe- applications. For most geostationary RIN: 3060–AH98 riod End. orbit (GSO) satellite applications, the 323. International Settlements Policy R&O ...... 11/17/15 80 FR 71702 Commission adopted a first-come, first- Next Action Unde- Reform (IB Docket No. 11–80) termined. served approach. For most non- geostationary orbit (NGSO) satellite Legal Authority: 47 U.S.C. 151; 47 U.S.C. 152; 47 U.S.C. 154; 47 U.S.C. 201 Regulatory Flexibility Analysis applications, the Commission adopted a to 205; 47 U.S.C. 208; 47 U.S.C. 211; 47 Required: Yes. procedure in which the available Agency Contact: Paul Murray, spectrum is divided evenly among the U.S.C. 214; 47 U.S.C. 303(r); 47 U.S.C. Attorney Advisor, Federal qualified applicants. The Commission 309; 47 U.S.C. 403 Abstract: The FCC is reviewing the Communications Commission, Office of also adopted measures to discourage International Settlements Policy (ISP). It Engineering and Technology, 445 12th applicants from filing speculative governs how U.S. carriers negotiate with Street SW., Washington, DC 20554, applications, including a bond foreign carriers for the exchange of Phone: 202 418–0688, Fax: 202 418– requirement, payable if a licensee international traffic, and is the structure 7447, Email: [email protected]. misses a milestone. The bond amounts RIN: 3060–AK30 originally were $5 million for each GSO by which the Commission has sought to satellite, and $7.5 million for each respond to concerns that foreign carriers NGSO satellite system. These were with market power are able to take interim amounts. Concurrently with the advantage of the presence of multiple FEDERAL COMMUNICATIONS First Report and Order, the Commission U.S. carriers serving a particular market. COMMISSION (FCC) adopted a Further Notice of Proposed In 2011, the FCC released an NPRM International Bureau Rulemaking (FNPRM) to determine which proposed to further deregulate whether to revise the bond amounts on the international telephony market and Long-Term Actions a long-term basis. In the Second Report enable U.S. consumers to enjoy 322. Space Station Licensing Reform and Order, the Commission adopted a competitive prices when they make (IB Docket No. 02–34) streamlined procedure for certain kinds calls to international destinations. First, of satellite license modification it proposed to remove the ISP from all Legal Authority: 47 U.S.C. 154(i); 47 international routes, except Cuba. U.S.C. 157; 47 U.S.C. 303(c); 47 U.S.C. requests. In the Third Report and Order, the Commission adopted a standardized Second, the FCC sought comment on a 303(g) proposal to enable the Commission to Abstract: The Commission adopted a application form for satellite licenses, better protect U.S. consumers from the Notice of Proposed Rulemaking (NPRM) and adopted a mandatory electronic effects of anticompetitive conduct by to streamline its procedures for filing requirement for certain satellite foreign carriers in instances reviewing satellite license applications. applications. In the Fourth Report and necessitating Commission intervention. Before 2003, the Commission used Order, the Commission revised the bond In 2012, the FCC adopted a Report and processing rounds to review those amounts based on the record developed Order which eliminated the ISP on all applications. In a processing round, in response to FNPRM. The bond routes, but maintained the when an application is filed, the amounts were changed to $3 million for nondiscrimination requirement of the International Bureau (Bureau) issued a each GSO satellite, and $5 million for ISP on the U.S.-Cuba route and codified Public Notice establishing a cutoff date each NGSO satellite system. it at 47 CFR 63.22(f). In the Report and for other mutually exclusive satellite Timetable: Order the FCC also adopted measures to applications, and then considered all protect U.S. consumers from those applications together. In cases Action Date FR Cite anticompetitive conduct by foreign where sufficient spectrum to NPRM ...... 03/19/02 67 FR 12498 carriers. In 2016, the FCC released an accommodate all the applications was NPRM Comment 07/02/02 FNPRM proposing to remove the not available, the Bureau directed the Period End. nondiscrimination requirement on the applicants to negotiate a mutually Second R&O (Re- 06/20/03 68 FR 62247 lease Date). U.S.-Cuba route. agreeable solution. Those negotiations Timetable: took a long time, and delayed provision Second FNPRM 07/08/03 68 FR 53702 of satellite services to the public. The (Release Date). Third R&O (Re- 07/08/03 68 FR 63994 Action Date FR Cite NPRM invited comment on two lease Date). alternatives for expediting the satellite FNPRM ...... 08/27/03 68 FR 51546 NPRM ...... 05/13/11 76 FR 42625 application process. One alternative was First R&O ...... 08/27/03 68 FR 51499 NPRM Comment 09/02/11 to replace the processing round FNPRM Comment 10/27/03 Period End. procedure with a ‘‘first-come, first- Period End. Report and Order 02/15/13 78 FR 11109 served’’ procedure that would allow the Fourth R&O (Re- 04/16/04 69 FR 67790 FNPRM ...... 03/04/16 81 FR 11500 lease Date). FNPRM Comment 04/18/16 Bureau to issue a satellite license to the Period End. first party filing a complete, acceptable Fifth R&O, First 08/20/04 69 FR 51586 Order on Re- Next Action Unde- application. The other alternative was to consideration. termined. streamline the processing round Next Action Unde- procedure by adopting one or more of termined. Regulatory Flexibility Analysis the following proposals: (1) Place a time Required: Yes. limit on negotiations; (2) establish Regulatory Flexibility Analysis Agency Contact: David Krech, Assoc. criteria to select among competing Required: Yes. Chief, Telecommunications & Analysis applicants; (3) divide the available Agency Contact: Clay DeCell, Div., Federal Communications spectrum evenly among the applicants. Attorney Advisor, Federal Commission, International Bureau, 445 In the First Report and Order in this Communications Commission, 445 12th 12th Street SW., Washington, DC 20554,
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Phone: 202 418–7443, Fax: 202 418– Regulatory Flexibility Analysis Timetable: 2824, Email: [email protected]. Required: Yes. RIN: 3060–AJ77 Agency Contact: Clay DeCell, Action Date FR Cite Attorney Advisor, Federal 324. Comprehensive Review of Communications Commission, 445 12th NPRM ...... 02/19/14 79 FR 9445 Licensing and Operating Rules for Street SW., Washington, DC 20554, NPRM Comment 05/05/14 Satellite Services (IB Docket No. 12– Period End. Phone: 202 418–0803, Email: 267) Next Action Unde- [email protected]. termined. Legal Authority: 47 U.S.C. 154(i); 47 RIN: 3060–AJ98 U.S.C. 157(a); 47 U.S.C. 161; 47 U.S.C. Regulatory Flexibility Analysis 303(c); 47 U.S.C. 303(g); 47 U.S.C. 303(r) 325. Expanding Broadband and Abstract: The Commission adopted a Innovation Through Air–Ground Required: Yes. Notice of Proposed Rulemaking (NPRM) Mobile Broadband Secondary Service Agency Contact: Stephen Duall, Chief, as part of its ongoing efforts to update for Passengers Aboard Aircraft in the Satellite Policy Branch, Federal and streamline regulatory requirements. 14.0–14.5 GHz Band; GN Docket No. Communications Commission, The NPRM initiated a comprehensive 13–114 International Bureau, 445 12th Street SW., Washington, DC 20554, Phone: 202 review of Part 25 of the Commission’s Legal Authority: 47 U.S.C. 151; 47 418–1103, Fax: 202 418–0748, Email: rules, which governs the licensing and U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. [email protected]. operation of space stations and earth 301; 47 U.S.C. 302; 47 U.S.C. 303; 47 RIN: 3060–AK16 stations. The Commission proposed U.S.C. 324 amendments to modernize the rules to Abstract: In this docket, the 327. • Review of Foreign Ownership better reflect evolving technology, to Commission establishes a secondary Policies for Broadcast, Common Carrier eliminate unnecessary technical and allocation for the Aeronautical Mobile and Aeronautical Radio Licensees information filing requirements, and to Service in the 14.0–14.5 GHz band and Under Section 310(b)(4) of the reorganize and simplify existing establishes service, technical, and Communications Act of 1934, as requirements. In the ensuing Report and licensing rules for air-ground mobile Amended (Docket No. 15–236) Order, the Commission adopted most of broadband. The Notice of Proposed Legal Authority: 47 U.S.C. 151; 47 its proposed changes and revised over Rulemaking requests public comment U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. 150 rule provisions. Several proposals on a secondary allocation and service, 154(j); 47 U.S.C. 211; 47 U.S.C. 303(r); raised by commenters in the proceeding, technical, and licensing rules for air- 47 U.S.C. 309; 47 U.S.C. 310; 47 U.S.C. however, were not within the scope of ground mobile broadband. 403 the original NPRM. To address these Timetable: and other issues, the Commission Abstract: The FCC proposes to extend released a Further Notice of Proposed Action Date FR Cite its foreign ownership rules and Rulemaking (FNPRM). The FNPRM procedures that apply to common proposed additional rule changes to NPRM (Release 05/09/13 carrier licensees to broadcast licensees, facilitate international coordination of Date). with certain modifications to tailor them Next Action Unde- to the broadcast context. The FCC also proposed satellite networks, to revise termined. system implementation milestones and seeks comment on whether and how to revise the methodology a licensee the associated bond, and to expand the Regulatory Flexibility Analysis applicability of routine licensing should use to assess its compliance with Required: Yes. the 25 percent foreign ownership standards. Following the FNPRM, the Agency Contact: Sean O’More, benchmark in section 310(b)(4) of the Commission issued a Second Report Attorney Advisor, Federal Communications Act of 1934, as and Order adopting most of its Communications Commission, amended, in order to reduce regulatory proposals in the FNPNRM. Among other International Bureau, 445 12th Street burdens on applicants and licensees. changes, the Commission established a SW., Washington, DC 20554, Phone: 202 Finally, the FCC makes several two-step licensing procedure for most 418–2453, Email: [email protected]. proposals to clarify and update existing geostationary satellite applicants to RIN: 3060–AK02 facilitate international coordination, foreign ownership policies and simplified the satellite development 326. Terrestrial Use of the 2473–2495 procedures for broadcast, common milestones, adopted an escalating bond MHz Band for Low-Power Mobile carrier and aeronautical licensees. requirement to discourage speculation, Broadband Networks; Amendments to Timetable: and refined the two-degree orbital Rules of Mobile Satellite Service spacing policy for most geostationary System; IB Docket No. 13–213 Action Date FR Cite satellites to protect existing services. Legal Authority: Not Yet Determined NPRM ...... 11/06/15 80 FR 68815 Timetable: Abstract: In this docket, the NPRM Comment 01/20/16 Commission proposes modified rules for Period End. Action Date FR Cite the operation of the Ancillary Terrestrial Next Action Unde- Component of the single Mobile- termined. NPRM ...... 11/08/12 77 FR 67172 NPRM Comment 12/24/12 Satellite Service system operating in the Period End. Big GEO S band. The changes would Regulatory Flexibility Analysis Reply Comment 01/22/13 allow Globalstar, Inc. to deploy a low Required: Yes. Period End. power broadband network using its Agency Contact: Kimberly Cook, Report and Order 02/12/14 79 FR 8308 licensed spectrum at 2483.5–2495 MHz Attorney Advisor, Federal FNPRM Comment 03/02/14 under certain limited technical criteria, Communications Commission, 445 12th Period End. and with the same equipment utilize Street SW., Washington, DC 20554, FNPRM ...... 10/21/14 79 FR 65106 spectrum in the adjacent 2473–2483.5 Phone: 202 418–7532, Email: Next Action Unde- [email protected]. termined. MHz band, pursuant to technical rules for unlicensed operations in that band. RIN: 3060–AK47
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FEDERAL COMMUNICATIONS necessary in the public interest as the Regulatory Flexibility Analysis COMMISSION (FCC) result of competition. In 2002, the Required: Yes. Commission undertook a International Bureau Agency Contact: Brendan Holland, comprehensive review of its broadcast Chief, Industry Analysis Div., Media Completed Actions multiple and cross-ownership limits Bureau, Federal Communications examining: Cross-ownership of TV and 328. Reform of Rules and Policies on Commission, 445 12th Street SW., radio stations; local TV ownership Foreign Carrier Entry Into the U.S. Washington, DC 20554, Phone: 202 418– limits; national TV cap; and dual Telecommunications Market (IB Docket 2757, Email: [email protected]. network rule. The Report and Order 12–299) RIN: 3060–AH97 replaced the newspaper/broadcast cross- Legal Authority: 47 U.S.C. 151; 47 ownership and radio and TV rules with 330. Establishment of Rules for Digital U.S.C. 152; 47 U.S.C. 154(i) to (j); 47 a tiered approach based on the number Low-Power Television, Television U.S.C. 201 to 205 of television stations in a market. In Translator, and Television Booster Abstract: FCC is considering proposed June 2006, the Commission adopted a Stations (MB Docket No. 03–185) changes in the criteria under which it Further Notice of Proposed Rulemaking Legal Authority: 47 U.S.C. 309; 47 considers certain applications from initiating the 2006 review of the U.S.C. 336 foreign carriers or affiliates of foreign broadcast ownership rules. The further carriers for entry into the U.S. market notice also sought comment on how to Abstract: This proceeding initiates the for international telecommunications address the issues raised by the Third digital television conversion for low- services. It proposes to eliminate or in Circuit. Additional questions are raised power television (LPTV) and television the alternative simplify the effective for comment in a Second Further Notice translator stations. The rules and competitive opportunities test (ECO of Proposed Rulemaking. In the Report policies adopted as a result of this Test) adopted in 1995 for Commission and Order and Order on proceeding provide the framework for review of foreign carrier applications. Reconsideration, the Commission these stations’ conversion from analog Timetable: adopted rule changes regarding to digital broadcasting. The Report and newspaper/broadcast cross-ownership, Order adopts definitions and Action Date FR Cite but otherwise generally retained the permissible use provisions for digital other broadcast ownership rules TV translator and LPTV stations. The NPRM ...... 11/26/12 77 FR 70400 Second Report and Order takes steps to NPRM Comment 12/26/12 currently in effect. For the 2010 Period End. quadrennial review, five of the resolve the remaining issues in order to NPRM Reply 01/15/13 Commission’s media rules are the complete the low-power television Comment Pe- subject of review: The local TV digital transition. The third Notice of riod End. ownership rule; the local radio Proposed Rulemaking seeks comment R&O ...... 06/03/14 79 FR 31873 ownership rule; the newspaper on a number of issues related to the Final Rule (An- 03/03/15 80 FR 11326 broadcast cross-ownership rule; the potential impact of the incentive nouncement of radio/TV cross-ownership rule; and the auction and the repacking process. Effective Date). Timetable: Final Rule Effec- 03/03/15 dual network rule. tive. In the 2014 review, the Commission Action Date FR Cite Correction ...... 08/03/15 80 FR 45898 incorporated the record of the 2010 review, and sought additional data on NPRM ...... 09/26/03 68 FR 55566 Regulatory Flexibility Analysis market conditions and competitive NPRM Comment 11/25/03 Required: Yes. indicators. The Commission also sought Period End. Agency Contact: David Krech, Assoc. comment on whether to eliminate R&O ...... 11/29/04 69 FR 69325 Chief, Telecommunications & Analysis restrictions on newspaper/radio FNPRM and 10/18/10 75 FR 63766 Div., Federal Communications combined ownership and whether to MO&O. Commission, International Bureau, 445 2nd R&O ...... 07/07/11 76 FR 44821 eliminate the radio/television cross- 3rd NPRM ...... 11/28/14 79 FR 70824 12th Street SW., Washington, DC 20554, ownership rule in favor of reliance on Phone: 202 418–7443, Fax: 202 418– NPRM Comment 12/29/14 the local radio rule and the local Period End. 2824, Email: [email protected]. television rule. RIN: 3060–AJ97 NPRM Comment 12/29/14 Timetable: Period End. NPRM Reply 01/12/15 Comment Pe- Action Date FR Cite FEDERAL COMMUNICATIONS riod End. 3rd R&O ...... 02/01/16 81 FR 5041 COMMISSION (FCC) NPRM ...... 10/05/01 66 FR 50991 4th NPRM ...... 02/01/16 81 FR 5086 R&O ...... 08/05/03 68 FR 46286 Media Bureau Next Action Unde- Public Notice ...... 02/19/04 69 FR 9216 termined. Long-Term Actions FNPRM ...... 08/09/06 71 FR 4511 Second FNPRM .. 08/08/07 72 FR 44539 329. Broadcast Ownership Rules R&O and Order 02/21/08 73 FR 9481 Regulatory Flexibility Analysis Legal Authority: 47 U.S.C. 151; 47 on Reconsider- Required: Yes. U.S.C. 152(a); 47 U.S.C. 154(i); 47 U.S.C. ation. Agency Contact: Shaun Maher, 303; 47 U.S.C. 307; 47 U.S.C. 309 and Notice of Inquiry .. 06/11/10 75 FR 33227 Attorney, Policy Division, Federal 310 NPRM ...... 01/19/12 77 FR 2868 Communications Commission, Media Abstract: Section 202(h) of the NPRM Comment 03/19/12 Bureau, 445 12th Street SW., Telecommunications Act of 1996 Period End. Washington, DC 20554. Phone: 202 418– requires the Commission to review its FNPRM ...... 05/20/14 79 FR 29010 2324, Fax: 202 418–2827, Email: Next Action Unde- [email protected]. ownership rules every four years and termined. determine whether any such rules are RIN: 3060–AI38
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331. Promoting Diversification of Regulatory Flexibility Analysis 333. Closed Captioning of Internet Ownership in the Broadcast Services Required: Yes. Protocol-Delivered Video Programming: (MB Docket No. 07–294) Agency Contact: Brendan Holland, Implementation of the Twenty-First Legal Authority: 47 U.S.C. 151; 47 Chief, Industry Analysis Div., Media Century Communications and Video Accessibility Act of 2010 (MB Docket U.S.C. 152(a); 47 U.S.C. 154(i) and (j); 47 Bureau, Federal Communications No. 11–154) U.S.C. 257; 47 U.S.C. 303(r); 47 U.S.C. Commission, 445 12th Street SW., 307 to 310; 47 U.S.C. 336; 47 U.S.C. 534 Washington, DC 20554, Phone: 202 418– Legal Authority: 47 U.S.C. 154(i); 47 and 535 2757, Email: [email protected]. U.S.C. 154(j); 47 U.S.C. 303; 47 U.S.C. Abstract: Diversity and competition 330(b); 47 U.S.C. 613; 47 U.S.C. 617 are longstanding and important RIN: 3060–AJ27 Abstract: Pursuant to the Commission goals. The measures 332. Amendment of the Commission’s Commission’s responsibilities under the proposed, as well as those adopted in Rules Related to Retransmission Twenty-First Century Communications this proceeding, are intended to Consent (MB Docket No. 10–71) and Video Accessibility Act of 2010, promote diversity of ownership of this proceeding was initiated to adopt media outlets. In the Report and Order Legal Authority: 47 U.S.C. 154; 47 rules to govern the closed captioning and Third FNPRM, measures are U.S.C. 325; 47 U.S.C. 534 requirements for the owners, providers, enacted to increase participation in the and distributors of video programming Abstract: Cable systems and other broadcasting industry by new entrants delivered using Internet protocol. and small businesses, including multichannel video programming Timetable: minority- and women-owned distributors are not entitled to businesses. In the Report and Order and retransmit a broadcast station’s signal Action Date FR Cite Fourth FNPRM, the Commission adopts without the station’s consent. This NPRM ...... 09/28/11 76 FR 59963 improvements to its data collection in consent is known as ‘‘retransmission consent.’’ Since Congress enacted the R&O ...... 03/20/12 77 FR 19480 order to obtain an accurate and Order on Recon, 07/02/13 78 FR 39691 comprehensive assessment of minority retransmission consent regime in 1992, FNPRM. and female broadcast ownership in the there have been significant changes in 2nd Order on 08/05/14 79 FR 45354 United States. The Memorandum the video programming marketplace. In Recon. Opinion & Order addressed petitions for this proceeding, comment is sought on 2nd FNPRM ...... 08/05/14 79 FR 45397 reconsideration of the rules, and also a series of proposals to streamline and Next Action Unde- sought comment on a proposal to clarify the Commission’s rules termined. expand the reporting requirements to concerning or affecting retransmission Regulatory Flexibility Analysis non attributable interests. In 2014, the consent negotiations. Commission proposed a new type of Required: Yes. Agency Contact: Maria Mullarkey, FCC registration number for individuals In the 2014 Report and Order, the Attorney, Policy Division, Media to use on broadcast ownership reports. Commission adopted a rule providing Bureau, Federal Communications In 2015, the Commission proposed that it is a violation of the duty to Commission, 445 12th Street SW., additional improvements to the negotiate retransmission consent in Washington, DC 20554, Phone: 202 418– collection of data reported on form 323. good faith for a television station that is Pursuant to a remand from the Third ranked among the top four stations to 1067, Email: [email protected]. RIN: 3060–AJ67 Circuit, the measures adopted in the negotiate retransmission consent jointly 2009 Diversity Order were put forth for with another such station if the stations 334. Accessibility of User Interfaces comment in the NPRM for the 2010 are not commonly owned and serve the and Video Programming Guides and review of the Commission’s Broadcast same geographic market. Menus (MB Docket No. 12–108) Ownership rules. The Commission Timetable: Legal Authority: 47 U.S.C. 151; 47 sought additional comment in 2014. As U.S.C. 154(i); 47 U.S.C. 303(r); 47 U.S.C. directed by the court, the Commission Action Date FR Cite 303(aa); 47 U.S.C. 303(bb) considered a socially and economic Abstract: This proceeding was disadvantaged business definition as a NPRM ...... 03/28/11 76 FR 17071 initiated to implement sections 204 and possible oasis for favorable regulatory NPRM Comment 05/27/11 205 of the Twenty-First Century treatment. Period End. Communications and Video Timetable: R&O ...... 05/19/14 79 FR 28615 Accessibility Act. These sections NPRM ...... 10/02/15 80 FR 59706 generally require that user interfaces on Action Date FR Cite Next Action Unde- digital apparatus and navigation devices termined. R&O ...... 05/16/08 73 FR 28361 used to view video programming be Third FNPRM ...... 05/16/08 73 FR 28400 accessible to and usable by individuals R&O ...... 05/27/09 74 FR 25163 Regulatory Flexibility Analysis who are blind or visually impaired. Fourth FNPRM .... 05/27/09 74 FR 25305 Required: Yes. Timetable: MO&O ...... 10/30/09 74 FR 56131 NPRM ...... 01/19/12 77 FR 2868 Agency Contact: Diana Sokolow, Action Date FR Cite 5th NPRM ...... 01/15/13 78 FR 2934 Attorney, Policy Division, Federal 6th FNPRM ...... 01/15/13 78 FR 2925 Communications Commission, Media NPRM ...... 06/18/13 78 FR 36478 FNPRM ...... 05/20/14 79 FR 29010 Bureau, 445 12th Street SW., NPRM Comment 07/15/13 7th FNPRM ...... 02/26/15 80 FR 10442 Washington, DC 20554, Phone: 202 418– Period End. Comment Period 03/30/15 2120, Email: [email protected]. R&O ...... 12/20/13 78 FR 77210 End. FNPRM ...... 12/20/13 78 FR 77074 Reply Comment 04/30/15 RIN: 3060–AJ55 2nd FNPRM ...... 02/04/16 81 FR 5971 Period End. 2nd R&O ...... 02/04/16 81 FR 5921 Next Action Unde- Next Action Unde- termined. termined.
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Regulatory Flexibility Analysis Action Date FR Cite U.S.C. 316; 47 U.S.C. 319; 47 U.S.C. 332; Required: Yes. 47 U.S.C. 336; 47 U.S.C. 403 Agency Contact: Maria Mullarkey, NPRM ...... 02/13/15 80 FR 8031 Abstract: In this proceeding, the Attorney, Policy Division, Media NPRM Comment 03/16/15 Commission considers proposals to Bureau, Federal Communications Period End. preserve vacant television channels in Commission, 445 12th Street SW., R&O ...... 02/29/16 81 FR 10105 the UHF television band for shared use Next Action Unde- Washington, DC 20554, Phone: 202 418– termined. by white space devices and wireless 1067, Email: [email protected]. microphones following the repacking of RIN: 3060–AK11 Regulatory Flexibility Analysis the band after the conclusion of the Incentive Auction. In the NPRM, the 335. Network Non-Duplication and Required: Yes. Agency Contact: Kim Matthews, Commission proposed preserving in Syndicated Exclusivity Rule (MB each area of the country at least one Docket No. 14–29) Attorney, Policy Division, Federal Communications Commission, Media vacant television channel. In the Public Legal Authority: 47 U.S.C. 151; 47 Bureau, 445 12th Street SW., Notice, the Commission notes that a U.S.C. 154(i); 47 U.S.C. 301; 47 U.S.C. Washington, DC 20554, Phone: 202 418– limited number of broadcast television 303(R); 47 U.S.C. 307; 47 U.S.C. 339(b); 2154, Fax: 202 418–2053, Email: stations may be reassigned during the 47 U.S.C.573(b) [email protected] incentive auction and repacking process Abstract: In this proceeding, the RIN: 3060–AK23 to channels within the duplex gap Commission continues to examine established as part of the 600 MHz Band whether to eliminate or modify the 337. Channel Sharing by Full Power Plan, resulting in a restriction on the network no-duplication and syndicated and Class A Stations Outside of the ability of white space devices and exclusivity rules in light of changes in Incentive Auction Context (MB Docket wireless microphone to use this the video marketplace in the more than No. 15–137) spectrum. To address this concern, the 40 years since these rules were adopted. Legal Authority: 47 U.S.C. 151; 47 Public Notice tentatively concluded that Timetable: U.S.C. 154; 47 U.S.C. 301; 47 U.S.C. 303; a second available television channel 47 U.S.C. 307; 47 U.S.C. 308; 47 U.S.C. should be preserved in the remaining Action Date FR Cite 309; 47 U.S.C. 310; 47 U.S.C. 316; 47 television band in such areas for shared U.S.C. 319; 47 U.S.C. 338; 47 U.S.C. 403; use by white space devices and wireless NPRM ...... 04/10/14 79 FR 19849 47 U.S.C. 614; 47 U.S.C. 615 microphones, in addition to the one NPRM Comment 05/12/14 Period End. Abstract: In this proceeding, the such channel proposed in the NPRM. Next Action Unde- Commission considers rules to enable Timetable: termined. full power and Class A television stations to share a channel with another Action Date FR Cite licensee outside of the incentive auction Regulatory Flexibility Analysis NPRM ...... 07/02/15 80 FR 38158 Required: Yes. context. Timetable: NPRM Comment 08/03/15 Agency Contact: Kathy Berthot, Period End. Attorney, Policy Division Media Bureau, NPRM Reply 08/31/15 Federal Communications Commission, Action Date FR Cite Comment Pe- riod End. 445 12th Street SW., Washington, DC NPRM ...... 07/14/15 80 FR 40957 Public Notice ...... 09/01/15 80 FR 52715 20554, Phone: 202 418–2120, Email: NPRM Comment 08/13/15 Next Action Unde- [email protected]. Period End. termined. RIN: 3060–AK18 NPRM Reply 08/28/15 Comment Pe- 336. Expansion of Online Public File riod End. Regulatory Flexibility Analysis Obligations to Cable and Satellite TV 1st Order on 11/02/15 80 FR 67337 Required: Yes. Operators and Broadcast and Satellite Recon. Agency Contact: Shaun Maher, Radio Licensees; MB Docket No. 14–127 2nd Order on 11/12/15 80 FR 67344 Attorney, Policy Division, Federal Recon. Legal Authority: 47 U.S.C. 151; 47 Communications Commission, Media Next Action Unde- Bureau, 445 12th Street SW., U.S.C. 152; 47 U.S.C. 154(i) termined. Abstract: In this proceeding, the Washington, DC 20554, Phone: 202 418– 2324, Fax: 202 418–2827, Email: Commission expands to cable operators, Regulatory Flexibility Analysis satellite TV providers, broadcast radio [email protected]. Required: Yes. RIN: 3060–AK43 licensees, and satellite radio licensees Agency Contact: Kim Matthews, the requirement that public inspection Attorney, Policy Division, Federal files be posted to the FCC’s online Communications Commission, Media database. In 2012, the Commission Bureau, 445 12th Street SW., FEDERAL COMMUNICATIONS adopted online public file rules for Washington, DC 20554, Phone: 202 418– COMMISSION (FCC) broadcast television stations that 2154, Fax: 202 418–2053, Email: Office of Managing Director required them to post public file [email protected]. documents to a central, FCC-hosted RIN: 3060–AK42 Long-Term Actions online database rather than maintain the files locally at their main studios. 338. Preserving Vacant Channels in the 339. Assessment and Collection of Expanding the online file to other media UHF Television Band for Unlicensed Regulatory Fees entities extends the benefits of Use (MB Docket No. 15–68) Legal Authority: 47 U.S.C. 159 improved public access to public Legal Authority: 47 U.S.C. 151; 47 Abstract: Section 9 of the inspection files and ultimately reduce U.S.C. 154; 47 U.S.C. 157; 47 U.S.C. 301; Communications Act of 1934, as the burden of maintaining these files. 47 U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. amended, 47 U.S.C. 159, requires the Timetable: 308; 47 U.S.C. 309; 47 U.S.C. 310; 47 FCC to recover the cost of its activities
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by assessing and collecting annual individuals provide their Taxpayer Action Date FR Cite regulatory fees from beneficiaries of the Identification Number (TIN) at the time activities. of registration; requiring FRN holders to R&O ...... 08/02/96 61 FR 40348 Timetable: provide their email addresses; MO&O ...... 01/16/98 63 FR 2631 modifying CORES log-in procedures; Second R&O ...... 06/28/99 64 FR 34564 Action Date FR Cite adding attention flags and automated Third R&O ...... 11/04/99 64 FR 60126 notices that would inform FRN holders Second MO&O .... 12/29/99 64 FR 72951 NPRM ...... 04/06/06 71 FR 17410 of their financial standing before the Fourth MO&O ...... 10/02/00 65 FR 58657 R&O ...... 08/02/06 71 FR 43842 FNPRM ...... 06/13/01 66 FR 31878 NPRM ...... 05/02/07 72 FR 24213 Commission; and adding data fields to Order ...... 11/02/01 66 FR 55618 R&O ...... 08/16/07 72 FR 45908 enable FRN holders to indicate their tax- FNPRM ...... 08/16/07 72 FR 46010 exempt status and notify the R&O ...... 05/23/02 67 FR 36112 NPRM ...... 05/28/08 73 FR 30563 Commission of pending bankruptcy Public Notice ...... 07/17/02 67 FR 46909 R&O ...... 08/26/08 73 FR 50201 proceedings. Order to Stay ...... 07/26/02 FNPRM ...... 08/26/08 73 FR 50285 Timetable: Order on Recon- 01/22/03 68 FR 2914 2nd R&O ...... 05/12/09 74 FR 22104 sideration. NPRM and Order 06/02/09 74 FR 26329 Action Date FR Cite FNPRM ...... 01/23/03 68 FR 3214 R&O ...... 08/11/09 74 FR 40089 R&O, Second 02/11/04 69 FR 6578 NPRM ...... 04/26/10 75 FR 21536 NPRM ...... 02/01/11 76 FR 5652 FNPRM. R&O ...... 07/19/10 75 FR 41932 NPRM Comment 03/03/11 Second R&O ...... 09/07/04 69 FR 54037 NPRM ...... 05/26/11 76 FR 30605 Period End. NPRM ...... 06/20/07 72 FR 33948 R&O ...... 08/10/11 76 FR 49333 Public Notice ...... 02/15/11 NPRM Comment 09/18/07 NPRM ...... 05/17/12 77 FR 29275 NPRM ...... 02/26/15 80 FR 10442 Period End. R&O ...... 08/03/12 77 FR 46307 NPRM Comment 03/30/15 NPRM ...... 08/17/12 77 FR 49749 R&O ...... 02/14/08 73 FR 8617 Period End. Public Notice ...... 09/25/08 73 FR 55473 NPRM ...... 06/10/13 78 FR 34612 FNPRM (Release 02/27/15 R&O ...... 08/23/13 78 FR 52433 Comment Period 10/18/08 Date). End. NPRM ...... 07/03/14 79 FR 37982 Next Action Unde- Public Notice ...... 11/18/09 74 FR 59539 R&O ...... 09/11/14 79 FR 54190 termined. NPRM ...... 06/30/15 80 FR 37206 Comment Period 12/04/09 R&O ...... 07/21/15 80 FR 43019 End. Regulatory Flexibility Analysis Final Rule ...... 09/17/15 80 FR 55775 FNPRM, NOI ...... 11/02/10 75 FR 67321 Required: Yes. Next Action Unde- Second R&O ...... 11/18/10 75 FR 70604 termined. Agency Contact: Warren Firschein, Attorney, Federal Communications Order, Comment 01/07/11 76 FR 1126 Period Exten- Regulatory Flexibility Analysis Commission, 445 12th Street SW., sion. Required: Yes. Washington, DC 20554, Phone: 202 418– Comment Period 02/18/11 Agency Contact: Roland Helvajian, 0844, Email: [email protected]. End. Office of the Managing Director, Federal RIN: 3060–AJ54 Final Rule ...... 04/28/11 76 FR 23713 Communications Commission, 445 12th NPRM ...... 08/04/11 76 FR 47114 Street SW., Washington, DC 20554, Second FNPRM .. 08/04/11 76 FR 47114 Phone: 202 418–0444, Email: FEDERAL COMMUNICATIONS 3rd R&O ...... 09/28/11 76 FR 59916 [email protected]. COMMISSION (FCC) NPRM Comment 11/02/11 RIN: 3060–AI79 Period End. Public Safety and Homeland Security 3rd FNPRM ...... 03/28/14 79 FR 17820 340. Amendment of Part 1 of the Bureau Order Extending 06/10/14 79 FR 33163 Commission’s Rules, Concerning Comment Pe- Practice and Procedure, Amendment of Long-Term Actions riod. Cores Registration System; MD Docket 341. Revision of the Rules To Ensure 3rd FNPRM Com- 07/14/14 No. 10–234 Compatibility With Enhanced 911 ment Period Legal Authority: 47 U.S.C. 154(i); 47 Emergency Calling Systems (CC Docket End. U.S.C. 158(c)(2); 47 U.S.C. 159(c)(2); 47 No. 94–102; PS Docket No. 07–114) Public Notice (re- 11/20/14 U.S.C. 303(r); 5 U.S.C. 5514; 31 U.S.C. lease date). Legal Authority: 47 U.S.C. 134(i); 47 Public Notice 12/17/14 7701(c)(1) U.S.C. 151; 47 U.S.C. 201; 47 U.S.C. 208; Abstract: This Notice of Proposed Comment Pe- 47 U.S.C. 215; 47 U.S.C. 303; 47 U.S.C. riod End. Rulemaking proposes revisions 309 4th R&O ...... 03/04/15 80 FR 11806 intended to make the Commission’s Abstract: In a series of orders in Final Rule ...... 08/03/15 80 FR 45897 Registration System (CORES) more several related proceedings issued since Next Action Unde- feature-friendly and improve the 1996, the Federal Communications termined. Commission’s ability to comply with Commission has taken action to various statutes that govern debt improve the quality and reliability of collection and the collection of personal Regulatory Flexibility Analysis 911 emergency services for wireless Required: Yes. information by the Federal Government. phone users. Rules have been adopted Agency Contact: Tim May, Policy and The proposed modifications to CORES governing the availability of basic 911 partly include requiring entities and services and the implementation of Licensing Div., Federal individuals to rely primarily upon a enhanced 911 (E911) for wireless Communications Commission, 445 12th single FRN that may, at their discretion, services. Street SW., Washington, DC 20554, be linked to subsidiary or associated Timetable: Phone: 202 418–1463, Email: tim.may@ accounts; allowing entities to identify fcc.gov. multiple points of contact; eliminating Action Date FR Cite RIN: 3060–AG34 some of our exceptions to the requirement that entities and FNPRM ...... 08/02/96 61 FR 40374
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342. Enhanced 911 Services for Action Date FR Cite Agency Contact: Tim May, Policy and Wireline and Multi-Line Telephone Licensing Div., Federal Systems; PS Docket Nos. 10–255 and Order on Recon- 09/28/99 64 FR 52244 Communications Commission, 445 12th 07–114 sideration. Street SW., Washington, DC 20554, Policy Statement 10/12/99 64 FR 55164 Phone: 202 418–1463, Email: tim.may@ Legal Authority: 47 U.S.C. 151; 47 Second Order on 05/04/01 66 FR 22446 U.S.C. 154(i); 47 U.S.C. 201; 47 U.S.C. fcc.gov. Reconsideration. RIN: 3060–AH90 222; 47 U.S.C. 251 Order ...... 10/05/01 66 FR 50841 Abstract: The policies set forth in the Order on Remand 05/02/02 67 FR 21999 345. Commission Rules Concerning Report and Order will assist State NPRM ...... 09/23/04 69 FR 56976 Disruptions to Communications (PS governments in drafting legislation that First R&O ...... 10/13/05 70 FR 59704 Docket No. 11–82) will ensure that multi-line telephone Second R&O ...... 07/05/06 71 FR 38091 Next Action Unde- Legal Authority: 47 U.S.C. 155; 47 systems are compatible with the termined. U.S.C. 154; 47 U.S.C. 201; 47 U.S.C. 251 enhanced 911 network. The Public Abstract: The 2004 Report and Order Notice seeks comment on whether the Regulatory Flexibility Analysis extended the Commission’s outage Commission, rather than States, should Required: Yes. reporting requirements to non-wireline regulate multiline telephone systems, Agency Contact: Jane Kelly, Attorney carriers and streamlined reporting and whether part 68 of the Advisor, Federal Communications through a new electronic template. A Commission’s rules should be revised. Commission, 445 12th Street SW., Further Notice of Proposed Rulemaking Timetable: Washington, DC 20554, Phone: 202 418– regarding the unique communications 2832, Email: [email protected]. needs of airports also remains pending. Action Date FR Cite RIN: 3060–AG74 The 2012 Report and Order extended NPRM ...... 10/11/94 59 FR 54878 344. Implementation of 911 Act (CC the Commission’s outage reporting FNPRM ...... 01/23/03 68 FR 3214 Docket No. 92–105, WT Docket No. 00– requirements to interconnected Voice Second FNPRM .. 02/11/04 69 FR 6595 110) over Internet Protocol services where R&O ...... 02/11/04 69 FR 6578 there is a complete loss of connectivity Public Notice ...... 01/13/05 70 FR 2405 Legal Authority: 47 U.S.C. 151; 47 that has the potential to affect at least Comment Period 03/29/05 U.S.C. 154(i) and 154(j); 47 U.S.C. 157; 900,000 user minutes. Interconnected End. 47 U.S.C. 160; 47 U.S.C. 202; 47 U.S.C. VoIP services providers must now file NOI ...... 01/13/11 76 FR 2297 208; 47 U.S.C. 210; 47 U.S.C. 214; 47 NOI Comment 03/14/11 outage reports through the same U.S.C. 251(e); 47 U.S.C. 301; 47 U.S.C. electronic mechanism as providers of Period End. 303; 47 U.S.C. 308 to 309(j); 47 U.S.C. Public Notice (Re- 05/21/12 other services. The Commission lease Date). 310 indicated that the technical issues Public Notice 08/06/12 Abstract: This proceeding was involved in identifying and reporting Comment Pe- separate from the Commission’s significant outages of broadband riod End. proceeding on Enhanced 911 Emergency Internet services require further study. Next Action Unde- Systems (E911) in that it intended to Timetable: termined. implement provisions of the Wireless Communications and Public Safety Act Action Date FR Cite Regulatory Flexibility Analysis of 1999 through the promotion of public Required: Yes. safety by the deployment of a seamless, NPRM ...... 03/26/04 69 FR 15761 Agency Contact: Tim May, Policy and nationwide emergency communications FNPRM ...... 11/26/04 69 FR 68859 Licensing Div., Federal infrastructure that includes wireless R&O ...... 12/03/04 69 FR 70316 Announcement of 12/30/04 69 FR 78338 Communications Commission, 445 12th communications services. More Street SW., Washington, DC 20554, Effective Date specifically, the chief goal of the and Partial Stay. Phone: 202 418–1463, Email: tim.may@ proceeding is to ensure that all Petition for Re- 02/15/05 70 FR 7737 fcc.gov. emergency calls are routed to the consideration. RIN: 3060–AG60 appropriate local emergency authority Amendment of 02/21/08 73 FR 9462 343. In the Matter of the to provide assistance. The E911 Delegated Au- proceeding goes a step further and was thority. Communications Assistance for Law Public Notice ...... 08/02/10 Enforcement Act aimed at improving the effectiveness and reliability of wireless 911 NPRM ...... 06/09/11 76 FR 33686 Legal Authority: 47 U.S.C. 229; 47 NPRM Comment 08/08/11 dispatchers with additional information Period End. U.S.C. 1001 to 1008 on wireless 911 calls. Abstract: All of the decisions in this R&O ...... 04/27/12 77 FR 25088 Timetable: Final Rule; Cor- 01/30/13 78 FR 6216 proceeding thus far are aimed at rection. implementation of provisions of the Action Date FR Cite Next Action Unde- Communications Assistance for Law termined. Enforcement Act. Fourth R&O, Third 09/19/00 65 FR 56752 Timetable: NPRM. Regulatory Flexibility Analysis NPRM ...... 09/19/00 65 FR 56757 Required: Yes. Action Date FR Cite Fifth R&O, First 01/14/02 67 FR 1643 R&O, and Agency Contact: Scott Mackoul, Attorney Advisor, Federal NPRM ...... 10/10/97 62 FR 63302 MO&O. Order ...... 01/13/98 63 FR 1943 Final Rule ...... 01/25/02 67 FR 3621 Communications Commission, Public FNPRM ...... 11/16/98 63 FR 63639 Next Action Unde- Safety and Homeland Security Bureau, R&O ...... 01/29/99 64 FR 51462 termined. 445 12th Street SW., Washington, DC Order ...... 03/29/99 64 FR 14834 20554, Phone: 202 418–7498, Email: Second R&O ...... 09/23/99 64 FR 51462 Regulatory Flexibility Analysis [email protected]. Third R&O ...... 09/24/99 64 FR 51710 Required: Yes. RIN: 3060–AI22
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346. E911 Requirements for IP-Enabled Action Date FR Cite RIN: 3060–AJ99 Service Providers (Dockets Nos. GN 11– 349. Proposed Amendments to Service 117, PS 07–114, WC 05–196, WC 04–36) R&O ...... 02/14/08 73 FR 8617 Public Notice ...... 09/25/08 73 FR 55473 Rules Governing Public Safety Legal Authority: 47 U.S.C. 151; 47 FNPRM; NOI ...... 11/02/10 75 FR 67321 Narrowband Operations in the 769–775 U.S.C. 154(i) and 154(j); 47 U.S.C. Public Notice ...... 11/18/09 74 FR 59539 and 799–805 MHz Bands 251(e); 47 U.S.C. 303(r) 2nd R&O ...... 11/18/10 75 FR 70604 Legal Authority: 47 U.S.C. 151; 47 Abstract: The notice seeks comment Second NPRM .... 08/04/11 76 FR 47114 on what additional steps the Second NPRM 11/02/11 U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 303; Commission should take to ensure that Comment Pe- 47 U.S.C. 337(a); 47 U.S.C. 403 Abstract: This proceeding seeks to providers of Voice over Internet riod End. Protocol services that interconnect with Final Rule ...... 04/28/11 76 FR 23713 amend the Commission’s rules to the public switched telephone network NPRM, 3rd R&O, 09/28/11 76 FR 59916 promote spectrum efficiency, and 2nd to provide ubiquitous and reliable interoperability, and flexibility in 700 FNPRM. MHz public safety narrowband enhanced 911 service. 3rd FNPRM ...... 03/28/14 79 FR 17820 Timetable: operations (769775/799805 MHz). Order Extending 06/10/14 79 FR 33163 Timetable: Comment Pe- Action Date FR Cite riod. Action Date FR Cite 3rd FNPRM Com- 07/14/14 NPRM ...... 03/29/04 69 FR 16193 ment Period NPRM ...... 06/29/05 70 FR 37307 NPRM ...... 04/19/13 78 FR 23529 End. Final Rule ...... 12/20/14 79 FR 71321 R&O ...... 06/29/05 70 FR 37273 Public Notice (Re- 11/20/14 NPRM Comment 09/12/05 Final Rule Effec- 01/02/15 lease Date). tive. Period End. Public Notice 12/17/14 NPRM ...... 06/20/07 72 FR 33948 Next Action Unde- Comment Pe- termined. NPRM Comment 09/18/07 riod End. Period End. 4th R&O ...... 03/04/15 80 FR 11806 Regulatory Flexibility Analysis FNPRM, NOI ...... 11/02/10 75 FR 67321 Final Rule ...... 08/03/15 80 FR 45897 Order, Extension 01/07/11 76 FR 1126 Next Action Unde- Required: Yes. of Comment termined. Agency Contact: Brian Marenco, Period. Electronics Engineer, Federal Comment Period 02/18/11 Communications Commission, 445 12th End. Regulatory Flexibility Analysis Required: Yes. Street SW., Washington, DC 20554, 2nd FNPRM, 08/04/11 76 FR 47114 Phone: 202 418–0838, Email: NPRM. Agency Contact: Tim May, Policy and 2nd FNPRM, 11/02/11 Licensing Div., Federal [email protected]. NPRM Com- Communications Commission, 445 12th RIN: 3060–AK19 ment Period Street SW., Washington, DC 20554, 350. Improving Outage Reporting for End. Phone: 202 418–1463, Email: tim.may@ Submarine Cables and Enhancing Next Action Unde- fcc.gov. termined. Submarine Cable Outage Data; GN RIN: 3060–AJ52 Docket No. 15–206 Regulatory Flexibility Analysis 348. 700 MHz Public Safety Legal Authority: 47 U.S.C. 151; 47 Required: Yes. Broadband—First Net (PS Docket Nos. U.S.C. 154; 47 U.S.C. 34–39; 47 U.S.C. Agency Contact: Tim May, Policy and 12–94 & 06–229 and WT 06–150) 301 Licensing Div., Federal Legal Authority: 47 U.S.C. 151; 47 Abstract: This proceeding takes steps Communications Commission, 445 12th U.S.C. 152; 47 U.S.C. 301 to 303; 47 toward assuring the reliability and Street SW., Washington, DC 20554, U.S.C. 307 to 309; Public Law 112–96 resiliency of submarine cables, a critical Phone: 202 418–1463, Email: tim.may@ Abstract: This action proposes piece of the Nation’s communications fcc.gov. technical rules to protect against infrastructure, by proposing to require RIN: 3060–AI62 harmful radio frequency interference in submarine cable licensees to report to 347. Wireless E911 Location Accuracy the spectrum designated for public the Commission when outages occur Requirements; PS Docket No. 07–114 safety services under the Middle Class and communications are disrupted. The Commission’s intent is to enhance Legal Authority: 47 U.S.C. 151; 47 Tax Relief and Job Creation Act of 2012. Timetable: national security and emergency U.S.C. 154; 47 U.S.C. 332 preparedness by these actions. Abstract: This is related to the Action Date FR Cite Timetable: proceedings in which the FCC has previously acted to improve the quality NPRM ...... 04/24/13 78 FR 24138 Action Date FR Cite of all emergency services. Wireless NPRM Comment 05/24/13 carriers must provide specific automatic Period End. NPRM (Release 09/17/15 location information in connection with R&O ...... 01/06/14 79 FR 588 Date). 911 emergency calls to Public Safety Next Action Unde- Next Action Unde- Answering Points (PSAPs). Wireless termined. termined. licensees must satisfy Enhanced 911 location accuracy standards at either a Regulatory Flexibility Analysis Regulatory Flexibility Analysis county-based or a PSAP-based Required: Yes. Required: Yes. Agency Contact: Roberto Mussenden, Agency Contact: Michael Saperstein, geographic level. Timetable: Attorney Advisor, Federal Attorney Advisor, Federal Communications Commission, 445 12th Communications Commission, 445 12th Action Date FR Cite Street SW., Washington, DC 20554, Street SW., Washington, DC 20554, Phone: 202 418–1428, Email: Phone: 202 418–7008, Email: NPRM ...... 06/20/07 72 FR 33948 [email protected]. [email protected].
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RIN: 3060–AK39 Docket 15–80. To the extent the Action Date FR Cite communication disruption rules cover 351. Amendments to Part 4 of the VoIP, the Commission studies and 2nd R&O ...... 05/06/11 76 FR 26199 Commission’s Rules Concerning addresses these questions in a separate Order on Recon .. 06/25/14 79 FR 43956 Disruptions to Communications; PS docket, PS Docket 11–82. Declaratory Ruling 12/18/14 Docket No. 15–80 Timetable: (release date). Legal Authority: 47 CFR 0; 47 CFR 4; Comment Period 02/14/15 47 CFR 63 Action Date FR Cite End. Abstract: The 2004 Report and Order Reply Comment 02/19/15 extended the Commission’s NPRM ...... 03/26/04 69 FR 15761 Period End. communication disruptions reporting R&O ...... 11/26/04 69 FR 68859 Next Action Unde- rules to non-wireline carriers and Denial for Petition 12/02/04 termined. streamlined reporting through a new for Partial Stay. Seek Comment 02/02/10 electronic template, see docket ET on Petition for Regulatory Flexibility Analysis Docket 04–35. In 2015, this proceeding, Recon. Required: Yes. PS Docket 15–80, was opened to amend Reply Period End 03/19/10 Agency Contact: Jennifer Salhus, the original communications disruption Seek Comment 07/02/10 Attorney, Federal Communications reporting rules from 2004 in order to on Broadband Commission, 445 12th Street SW., reflect technology transitions observed and Inter- Washington, DC 20554, Phone: 202 418– throughout the telecommunications connected sector. The Commission seeks to further VOIP Service 2823, Email: [email protected]. study the possibility to share the Providers. RIN: 3060–AH83 Reply Period End 08/16/12 reporting database information and R&O and Order 06/16/15 80 FR 34321 354. Review of Part 87 of the access with state and other federal on Recon. Commission’s Rules Concerning entities. Next Action Unde- Aviation (WT Docket No. 01–289) Timetable: termined. Legal Authority: 47 U.S.C. 154; 47 Action Date FR Cite Regulatory Flexibility Analysis U.S.C. 303; 47 U.S.C. 307(e) Required: Yes. NPRM ...... 06/16/15 80 FR 34321 Abstract: This proceeding is intended Agency Contact: Brenda Villanueva, NPRM Comment 07/31/15 to streamline, consolidate, and revise Period End. Attorney Advisor, Federal Next Action Unde- Communications Commission, 445 12th our part 87 rules governing the Aviation termined. Street SW., Washington, DC 20554, Radio Service. The rule changes are Phone: 202 418–7005. designed to ensure these rules reflect Regulatory Flexibility Analysis RIN: 3060–AK41 current technological advances. Required: Yes. Timetable: Agency Contact: Brenda Villanueva, Attorney Advisor, Federal Action Date FR Cite Communications Commission, 445 12th FEDERAL COMMUNICATIONS Street SW., Washington, DC 20554, COMMISSION (FCC) NPRM ...... 10/16/01 66 FR 64785 Phone: 202 418–7005. Wireless Telecommunications Bureau NPRM Comment 03/14/02 RIN: 3060–AK40 Period End. Long-Term Actions R&O and FNPRM 10/16/03 352. New Part 4 of the Commission’s FNPRM ...... 04/12/04 69 FR 19140 Rules Concerning Disruptions to 353. Reexamination of Roaming FNPRM Comment 07/12/04 Communications; ET Docket No. 04–35 Obligations of Commercial Mobile Radio Service Providers Period End. Legal Authority: 47 U.S.C. 154; 47 R&O ...... 06/14/04 69 FR 32577 U.S.C. 155; 47 U.S.C. 201; 47 U.S.C. 251; Legal Authority: 47 U.S.C. 151; 47 NPRM ...... 12/06/06 71 FR 70710 47 U.S.C. 307; 47 U.S.C. 316 U.S.C. 152(n); 47 U.S.C. 154(i) and NPRM Comment 03/06/07 Abstract: The proceeding creates a 154(j); 47 U.S.C. 201(b); 47 U.S.C. Period End. new part 4 in title 47, and amends part 251(a); 47 U.S.C. 253; 47 U.S.C. 303(r); Final Rule ...... 12/06/06 71 FR 70671 63.100. The proceeding updates the 47 U.S.C. 332(c)(1)(B); 47 U.S.C. 309 3rd R&O ...... 03/29/11 76 FR 17347 Commission’s communication Abstract: This rulemaking considers Stay Order ...... 03/29/11 76 FR 17353 disruptions reporting rules for wireline whether the Commission should adopt 3rd FNPRM ...... 01/30/13 78 FR 6276 providers formerly found in 47 CFR an automatic roaming rule for voice Next Action Unde- 63.100, and extends these rules to other services for Commercial Mobile Radio termined. non-wireline providers. Through this Services and whether the Commission proceeding, the Commission streamlines should adopt a roaming rule for mobile Regulatory Flexibility Analysis the reporting process through an data services. Required: Yes. Timetable: electronic template. The Report and Agency Contact: Jeff Tobias, Attorney Order received several petitions for Advisor, Federal Communications reconsideration, of which two were Action Date FR Cite Commission, Wireless eventually withdrawn, and in 2015, NPRM ...... 11/21/00 65 FR 69891 Telecommunications Bureau, 445 12th seven are addressed in an Order on NPRM ...... 09/28/05 70 FR 56612 Street SW., Washington, DC 20554, Reconsideration. Two petitions remain NPRM ...... 01/19/06 71 FR 3029 pending regarding NORS database Phone: 202 418–0680, Email: FNPRM ...... 08/30/07 72 FR 50085 [email protected]. sharing with states and communication Final Rule ...... 08/30/07 72 FR 50064 disruptions at airports. The former is Final Rule ...... 04/28/10 75 FR 22263 RIN: 3060–AI35 addressed in a separate proceeding, PS FNPRM ...... 04/28/10 75 FR 22338
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355. Implementation of the Commercial 356. Facilitating the Provision of Fixed Action Date FR Cite Spectrum Enhancement Act (CSEA) and and Mobile Broadband Access, Modernization of the Commission’s Educational, and Other Advanced FNPRM ...... 09/28/09 74 FR 49356 Competitive Bidding Rules and Services in the 2150–2162 and 2500– FNPRM Comment 10/13/09 Procedures (WT Docket No. 05–211) 2690 MHz Bands Period End. R&O ...... 06/03/10 75 FR 33729 Legal Authority: 15 U.S.C. 79; 47 Legal Authority: 47 U.S.C. 154; 47 FNPRM ...... 05/27/11 76 FR 32901 U.S.C. 151; 47 U.S.C. 154(i) and (j); 47 U.S.C. 301 to 303; 47 U.S.C. 307; 47 FNPRM Comment 07/22/11 U.S.C. 155; 47 U.S.C. 155(c); 47 U.S.C. U.S.C. 309; 47 U.S.C. 332; 47 U.S.C. 336 Period End. 157; 47 U.S.C. 225; 47 U.S.C. 303(r); 47 and 337 R&O ...... 07/16/14 79 FR 41448 U.S.C. 307; 47 U.S.C. 309; 47 U.S.C. Abstract: The Commission seeks Next Action Unde- termined. 309(j); 47 U.S.C. 325(e); 47 U.S.C. 334; comment on whether to assign 47 U.S.C. 336; 47 U.S.C. 339; 47 U.S.C. Educational Broadband Service (EBS) 554 spectrum in the Gulf of Mexico. It also Regulatory Flexibility Analysis Required: Yes. Abstract: This proceeding implements seeks comment on how to license Agency Contact: John Schauble, rules and procedures needed to comply unassigned and available EBS spectrum. Deputy Chief, Broadband Division, with the Commercial Spectrum Specifically, we seek comment on Federal Communications Commission, Enhancement Act (CSEA). It establishes whether it would be in the public Wireless Telecommunications Bureau, a mechanism for reimbursing Federal interest to develop a scheme for licensing unassigned EBS spectrum that 445 12th Street SW., Washington, DC agencies’ out-of-spectrum auction avoids mutual exclusivity; we ask 20554, Phone: 202 418–0797, Email: proceeds for the cost of relocating their whether EBS eligible entities could [email protected]. operations from certain ‘‘eligible participate fully in a spectrum auction; frequencies’’ that have been reallocated RIN: 3060–AJ12 we seek comment on the use of small from Federal to non-Federal use. It also business size standards and bidding 357. Service Rules for Advanced seeks to improve the Commission’s credits for EBS if we adopt a licensing Wireless Services in the 2155–2175 ability to achieve Congress’ directives scheme that could result in mutually MHz Band; WT Docket No. 13–185 with regard to designated entities and to exclusive applications; we seek Legal Authority: 47 U.S.C. 151 and ensure that, in accordance with the comment on the proper market size and 152; 47 U.S.C. 154(i); 47 U.S.C. 157; 47 intent of Congress, every recipient of its size of spectrum blocks for new EBS U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 214; designated entity benefits is an entity licenses; and we seek comment on 47 U.S.C. 301 that uses its licenses to directly provide issuing one license to a State agency facilities-based telecommunications Abstract: This proceeding explores designated by the Governor to be the services for the benefit of the public. the possible uses of the 2155–2175 MHz spectrum manager, using frequency frequency band (AWS–3) to support the Timetable: coordinators to avoid mutually introduction of new advanced wireless Action Date FR Cite exclusive EBS applications, as well as services, including third generation and other alternative licensing schemes. The future generations of wireless systems. NPRM ...... 06/14/05 70 FR 43372 Commission must develop a new Advanced wireless systems could NPRM Comment 08/26/05 licensing scheme for EBS in order to provide for a wide range of voice data Period End. achieve the Commission’s goal of and broadband services over a variety of Declaratory Ruling 06/14/05 70 FR 43322 facilitating the development of new and mobile and fixed networks. The Notice R&O ...... 01/24/06 71 FR 6214 innovative wireless services for the of Proposed Rulemaking (NPRM) sought FNPRM ...... 02/03/06 71 FR 6992 benefit of students throughout the comment on what service rules should FNPRM Comment 02/24/06 Nation. In addition, the Commission has Period End. be adopted in the AWS–3 band. We Second R&O ...... 04/25/06 71 FR 26245 sought comment on a proposal intended requested comment on rules for Order on Recon- 06/02/06 71 FR 34272 to make it possible to use wider channel licensing this spectrum in a manner that sideration of bandwidths for the provision of will permit it to be fully and promptly Second R&O. broadband services in these spectrum used to bring advanced wireless services NPRM ...... 06/21/06 71 FR 35594 bands. The proposed changes may to American consumers. Our objective is NPRM Comment 08/21/06 permit operators to use spectrum more to allow for the most effective and Period End. efficiently, and to provide higher data efficient use of the spectrum in this Reply Comment 09/19/06 rates to consumers, thereby advancing band, while also encouraging Period End. key goals of the National Broadband Second Order and 04/04/08 73 FR 18528 development of robust wireless Reconsideration Plan. broadband services. We proposed to of Second R&O. Timetable: apply our flexible, market-oriented rules Order ...... 02/01/12 77 FR 16470 to the band to do so. Thereafter, the Next Action Unde- Action Date FR Cite Commission released a Further Notice termined. NPRM ...... 04/02/03 68 FR 34560 of Proposed Rulemaking (FNPRM), NPRM Comment 09/08/03 seeking comment on the Commission’s Regulatory Flexibility Analysis Period End. proposed AWS–3 rules, which include Required: Yes. FNPRM ...... 07/29/04 69 FR 72048 adding 5 megahertz of spectrum (2175– Agency Contact: Kelly Quinn, FNPRM Comment 01/10/03 80 MHz) to the AWS–3 band, and Assistant Chief, Auctions and Spectrum Period End. requiring licensees of that spectrum to Access Division, Federal R&O ...... 07/29/04 69 FR 72020 provide—using up to 25 percent of its Communications Commission, 445 12th MO&O ...... 04/27/06 71 FR 35178 wireless network capacity—free, two- FNPRM ...... 03/20/08 73 FR 26067 Street SW., Washington, DC 20554, FNPRM Comment 07/07/08 way broadband Internet service at Phone: 202 418–0660, Email: Period End. engineered data rates of at least 768 [email protected]. MO&O ...... 03/20/08 73 FR 26032 kbps downstream. RIN: 3060–AI88 MO&O ...... 09/28/09 74 FR 49335 Timetable:
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Action Date FR Cite RIN: 3060–AJ22 Street SW., Washington, DC 20554, Phone: 202 418–2904, Fax: 202 418– 359. Amendment of Part 101 To NPRM ...... 11/14/07 72 FR 64013 1944, Email: [email protected]. Accommodate 30 MHz Channels in the NPRM Comment 01/14/08 RIN: 3060–AJ37 Period End. 6525–6875 MHz Band and Provide FNPRM ...... 06/25/08 73 FR 35995 Conditional Authorization on Channels 361. Amendment of Part 101 of the FNPRM Comment 08/11/08 in the 21.8–22.0 and 23.0–23.2 GHz Commission’s Rules for Microwave Use Period End. Band (WT Docket No. 04–114) and Broadcast Auxiliary Service FNPRM ...... 08/20/13 78 FR 51559 Flexibility FNPRM Comment 10/16/13 Legal Authority: 47 U.S.C. 151 and Period End. 152; 47 U.S.C. 154(i); 47 U.S.C. 157; 47 Legal Authority: 47 U.S.C. 151 and R&O ...... 06/04/14 79 FR 32366 U.S.C. 160; 47 U.S.C. 201; 47 U.S.C. 214; 152; 47 U.S.C. 154(i) and 157; 47 U.S.C. Next Action Unde- 47 U.S.C. 301 to 303; 47 U.S.C. 307 to 160 and 201; 47 U.S.C. 214; 47 U.S.C. termined. 310; 47 U.S.C. 319; 47 U.S.C. 324; 47 301 to 303; 47 U.S.C. 307 to 310; 47 U.S.C. 332 and 333 Regulatory Flexibility Analysis U.S.C. 319 and 324; 47 U.S.C. 332 and Abstract: The Commission seeks 333 Required: Yes. comments on modifying its rules to Agency Contact: Peter Daronco, Abstract: In this document, the authorize channels with bandwidths of Commission commences a proceeding Deputy Division Chief, Broadband as much as 30 MHz in the 6525–6875 Division, Federal Communications to remove regulatory barriers to the use MHz band. We also propose to allow of spectrum for wireless backhaul and Commission, Wireless conditional authorization on additional Telecommunications Bureau, 445 12th other point-to-point and point-to- channels in the 21.8–22.0 and 23.0–23.2 multipoint communications. Street SW., Washington, DC 20554, GHz bands. Timetable: Phone: 202 418–7235, Email: Timetable: [email protected]. Action Date FR Cite RIN: 3060–AJ19 Action Date FR Cite 358. Amendment of the Commission’s NPRM ...... 08/05/10 75 FR 52185 NPRM ...... 06/29/09 74 FR 36134 Rules To Improve Public Safety NPRM Comment 11/22/10 NPRM Comment 07/22/09 Period End. Communications in the 800 MHz Band, Period End. R&O ...... 09/27/11 76 FR 59559 and To Consolidate the 800 MHz and R&O ...... 06/11/10 75 FR 41767 FNPRM ...... 09/27/11 76 FR 59614 900 MHz Business and Industrial/Land Next Action Unde- FNPRM Comment 10/25/11 Transportation Pool Channels termined. Period End. Legal Authority: 47 U.S.C. 151; 47 R&O ...... 09/05/12 77 FR 54421 U.S.C. 154(i); 47 U.S.C. 303; 47 U.S.C. Regulatory Flexibility Analysis FNPRM ...... 09/05/12 77 FR 54511 309; 47 U.S.C. 332 Required: Yes. FNPRM Comment 10/22/12 Abstract: This action adopts rules that Agency Contact: John Schauble, Period End. retain the current site-based licensing Deputy Chief, Broadband Division, Next Action Unde- paradigm for the 900 MHz B/ILT ‘‘white Federal Communications Commission, termined. space’’; adopts interference protection Wireless Telecommunications Bureau, rules applicable to all licensees 445 12th Street SW., Washington, DC Regulatory Flexibility Analysis operating in the 900 MHz B/ILT 20554, Phone: 202 418–0797, Email: Required: Yes. spectrum; and lifts, on a rolling basis, [email protected]. Agency Contact: John Schauble, the freeze placed on applications for RIN: 3060–AJ28 Deputy Chief, Broadband Division, new 900 MHz B/ILT licenses in 360. Amendment of Part 90 of the Federal Communications Commission, September 2004—the lift being tied to Commission’s Rules Wireless Telecommunications Bureau, the completion of rebanding in each 800 445 12th Street SW., Washington, DC MHz National Public Safety Planning Legal Authority: 47 U.S.C. 154; 47 20554, Phone: 202 418–0797, Email: Advisory Committee (NPSPAC) region. U.S.C. 303 [email protected]. Abstract: This proceeding considers Timetable: RIN: 3060–AJ47 rule changes impacting miscellaneous Action Date FR Cite part 90 Private Land Mobile Radio rules. 362. Universal Service Reform Mobility Timetable: Fund (WT Docket No. 10–208) NPRM ...... 03/18/05 70 FR 13143 NPRM Comment 06/12/05 70 FR 23080 Action Date FR Cite Legal Authority: 47 U.S.C. 151; 47 Period End. U.S.C. 154(i); 47 U.S.C. 155; 47 U.S.C. Final Rule ...... 12/16/08 73 FR 67794 NPRM ...... 06/13/07 72 FR 32582 160; 47 U.S.C. 201; 47 U.S.C. 205; 47 Petition for Re- 03/12/09 74 FR 10739 FNPRM ...... 04/14/10 75 FR 19340 U.S.C. 225; 47 U.S.C. 254; 47 U.S.C. 301; consideration. Order on Recon- 05/27/10 75 FR 29677 47 U.S.C. 303; 47 U.S.C. 303(c); 47 Order on Recon- 07/17/13 78 FR 42701 sideration. U.S.C. 303(f); 47 U.S.C. 303(r); 47 U.S.C. sideration. 5th R&O ...... 05/16/13 78 FR 28749 303(y); 47 U.S.C. 309; 47 U.S.C. 310 Next Action Unde- Petition for Re- 07/23/13 78 FR 44091 termined. consideration. Abstract: This proceeding establishes Next Action Unde- the Mobility Fund which provides an Regulatory Flexibility Analysis termined. initial infusion of funds toward solving Required: Yes. persistent gaps in mobile services Agency Contact: Joyce Jones, Attorney Regulatory Flexibility Analysis through targeted, one-time support for Advisor, Wireless Telecommunications Required: Yes. the build-out of current and next- Bureau, Federal Communications Agency Contact: Rodney P Conway, generation wireless infrastructure in Commission, 445 12th Street SW., Engineer, Federal Communications areas where these services are Washington, DC 20554, Phone: 202 418– Commission, Wireless unavailable. 1327, Email: [email protected]. Telecommunications Bureau, 445 12th Timetable:
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Action Date FR Cite predictability and regulatory parity with 365. Service Rules for Advanced bands licensed for terrestrial mobile Wireless Services in the 2000–2020 NPRM ...... 10/14/10 75 FR 67060 broadband service. The Commission MHz and 2180–2200 MHz Bands NPRM Comment 01/18/11 also requests comment on further steps Legal Authority: 47 U.S.C. 151; 47 Period End. we can take to increase the value, R&O ...... 11/29/11 76 FR 73830 U.S.C. 153; 47 U.S.C. 154(i); 47 U.S.C. FNPRM ...... 12/16/11 76 FR 78384 utilization, innovation, and investment 227; 47 U.S.C. 301; 47 U.S.C. 302; 47 R&O ...... 12/28/11 76 FR 81562 in MSS spectrum generally. U.S.C. 303; 47 U.S.C. 307; 47 U.S.C. 308; 2nd R&O ...... 07/03/12 77 FR 39435 Timetable: 47 U.S.C. 309; 47 U.S.C. 310; 47 U.S.C. 4th Order on 08/14/12 77 FR 48453 316; 47 U.S.C. 319; 47 U.S.C. 324; 47 Action Date FR Cite Recon. U.S.C. 332; 47 U.S.C. 333 FNPRM ...... To Be Determined NPRM ...... 07/15/10 75 FR 49871 Abstract: In the Report and Order, the NPRM Comment 09/30/10 Commission increased the Nation’s Regulatory Flexibility Analysis Period End. supply of spectrum for mobile Required: Yes. R&O ...... 04/06/11 76 FR 31252 broadband by removing unnecessary Agency Contact: Scott Mackoul, Next Action Unde- barriers to flexible use of spectrum Attorney Advisor, Federal termined. currently assigned to the Mobile Communications Commission, Public Satellite Service (MSS) in the 2 GHz Regulatory Flexibility Analysis Safety and Homeland Security Bureau, band. This action carries out a Required: Yes. recommendation in the National 445 12th Street SW., Washington, DC Agency Contact: Blaise Scinto, Chief, 20554, Phone: 202 418–7498, Email: Broadband Plan that the Commission Broadband Div., WTB, Federal enable the provision of standalone [email protected]. Communications Commission, 445 12th RIN: 3060–AJ58 terrestrial services in this spectrum. We Street SW., Washington, DC 20554, do so by adopting service, technical, 363. Fixed and Mobile Services in the Phone: 202 418–1380, Email: assignment, and licensing rules for this Mobile Satellite Service Bands at 1525– [email protected]. spectrum. These rules are designed to RIN: 3060–AJ59 1559 MHz and 1626.5–1660.5 MHz, provide for flexible use of this spectrum, 1610–1626.5 MHz and 2483.5–2500 364. Improving Spectrum Efficiency encourage innovation and investment in MHz, and 2000–2020 MHz and 2180– Through Flexible Channel Spacing and mobile broadband, and provide a stable 2200 MHz Bandwidth Utilization for Economic regulatory environment in which Legal Authority: 47 U.S.C. 151 and Area-Based 800 MHz Specialized broadband deployment could develop. 154; 47 U.S.C. 303 and 310 Mobile Radio Licensees (WT Docket Timetable: Abstract: The Commission proposes Nos. 12–64 and 11–110) steps making additional spectrum Action Date FR Cite available for new investment in mobile Legal Authority: 47 U.S.C. 151; 47 broadband networks while ensuring that U.S.C. 152; 47 U.S.C. 154; 47 U.S.C. 301; NPRM Comment 04/17/12 the United States maintains robust 47 U.S.C. 302(a); 47 U.S.C. 303; 47 Period End. mobile satellite service capabilities. U.S.C. 307; 47 U.S.C. 308 NPRM ...... 04/17/12 77 FR 22720 R&O ...... 05/05/13 78 FR 8229 Mobile broadband is emerging as one of Abstract: This proceeding was initiated to allow EA-based 800 MHz Next Action Unde- America’s most dynamic innovation and termined. economic platforms. Yet tremendous SMR licensees in 813.5–824/858.5–869 MHz to exceed the channel spacing and demand growth soon will test the limits Regulatory Flexibility Analysis of spectrum availability. Some 90 bandwidth limitation in section 90.209 of the Commission’s rules, subject to Required: Yes. megahertz of spectrum allocated to the Agency Contact: Peter Daronco, Mobile Satellite Service (MSS)—in the 2 conditions. Timetable: Deputy Division Chief, Broadband GHz band, Big LEO band, and L-band— Division, Federal Communications are potentially available for terrestrial Action Date FR Cite Commission, Wireless mobile broadband use. The Commission Telecommunications Bureau, 445 12th seeks to remove regulatory barriers to NPRM ...... 03/29/12 77 FR 18991 Street SW., Washington, DC 20554, terrestrial use, and to promote NPRM Comment 04/13/12 Phone: 202 418–7235, Email: additional investments, such as those Period End. [email protected]. recently made possible by a transaction R&O ...... 05/24/12 77 FR 33972 RIN: 3060–AJ73 between Harbinger Capital Partners and Petition for Recon 08/16/12 77 FR 53163 SkyTerra Communications, while Public Notice. 366. Expanding the Economic and Petition for Recon 09/27/12 Innovation Opportunities of Spectrum retaining sufficient market-wide MSS PN Comment capability. The Commission proposes to Through Incentive Auctions; Docket Period End. No. 12–268 add co-primary Fixed and Mobile Next Action Unde- allocations to the 2 GHz band, termined. Legal Authority: 47 U.S.C. consistent with the International Table 309(j)(8)(G); 47 U.S.C. 1452 of Allocations. This allocation Regulatory Flexibility Analysis Abstract: In February 2012, the modification is a precondition for more Required: Yes. Middle Class Tax Relief and Job flexible licensing of terrestrial services Agency Contact: Linda Chang, Creation Act was enacted (Pub. L. 112– within the band. Second, the Attorney, Deputy Div. Chief, Federal 96, 126 Stat. 156 (2012)). Title VI of that Commission proposes to apply the Communications Commission, Wireless statute, commonly known as the Commission’s secondary market Telecommunications Bureau, 445 12th Spectrum Act, provides the Commission policies and rules applicable to Street SW., Washington, DC 20554, with the authority to conduct incentive terrestrial services to all transactions Phone: 202 418–1339, Fax: 202 418– auctions to meet the growing demand involving the use of MSS bands for 7447, Email: [email protected]. for wireless broadband. Pursuant to the terrestrial services to create greater RIN: 3060–AJ71 Spectrum Act, the Commission may
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conduct incentive auctions that will 367. Service Rules for Advanced Regulatory Flexibility Analysis offer new initial spectrum licenses Wireless Services of the Middle Class Required: Yes. subject to flexible-use service rules on Tax Relief and Job Creation Act of 2012 Agency Contact: Peter Daronco, spectrum made available by licensees Related to the 1915–1920 MHz and Deputy Division Chief, Broadband that voluntarily relinquish some or all of 1995–2000 MHz Bands (WT Docket No. Division, Federal Communications their spectrum usage rights in exchange 12–357) Commission, Wireless for a portion, based on the value of the Telecommunications Bureau, 445 12th relinquished rights as determined by an Legal Authority: 47 U.S.C. 301; 47 Street SW., Washington, DC 20554, auction, of the proceeds of bidding for U.S.C. 302; 47 U.S.C. 303; 47 U.S.C. 307; Phone: 202 418–7235, Email: the new licenses. In addition to granting 47 U.S.C. 308; 47 U.S.C. 309; 47 U.S.C. [email protected]. the Commission general authority to 310 RIN: 3060–AJ86 Abstract: The Commission proposes conduct incentive auctions, the 368. Amendment of Parts 1, 2, 22, 24, rules for the Advanced Wireless Spectrum Act requires the Commission 27, 90 and 95 of the Commission’s Services (AWS) H Block that would to conduct an incentive auction of Rules To Improve Wireless Coverage make available 10 megahertz of flexible broadcast TV spectrum and sets forth Through the Use of Signal Boosters (WT use. The proposal would extend the special requirements for such an Docket No. 10–4) auction. widely deployed Personal The incentive auction will consist of Communications Services (PCS) band, Legal Authority: 15 U.S.C. 79; 47 a reverse auction’’ to determine the which is used by the four national U.S.C. 151; 47 U.S.C. 154(i); 47 U.S.C. amount of compensation that each providers as well as regional and rural 154(j); 47 U.S.C. 155; 47 U.S.C. 157; 47 broadcast television licensee would providers to offer mobile service across U.S.C. 225; 47 U.S.C. 227; 47 U.S.C. accept in return for voluntarily the nation. The additional spectrum for 303(r) relinquishing some or all of its spectrum mobile use will help ensure that the Abstract: This action adopts new usage rights and a forward auction’’ that speed, capacity, and ubiquity of the technical, operational, and registration will allow mobile broadband providers Nation’s wireless networks keeps pace requirements for signal boosters. It to bid for licenses in the reallocated with the skyrocketing demand for creates two classes of signal boosters— spectrum. Broadcast television licensees mobile services. consumer and industrial—with distinct regulatory requirements for each, who elect voluntarily to participate in Today’s action is a first step to thereby establishing a two-step the auction have three basic options: implement the congressional directive transition process for equipment Voluntarily go off the air, share their in the Middle Class Tax Relief and Job certification for both consumer and spectrum, or move channels in Creation Act of 2012 (Spectrum Act) to industrial signal boosters sold and exchange for receiving part of the grant new initial licenses for the 1915– marketed in the United States. proceeds from auctioning that spectrum 1920 MHz and 1995–2000 MHz bands Timetable: to wireless providers. (the Lower H Block and Upper H Block, In June 2014, the Commission respectively) through a system of Action Date FR Cite adopted a Report and Order that laid out competitive bidding,Aˆ – unless doing so the broad rules for the incentive would cause harmful interference to NPRM ...... 05/10/11 76 FR 26983 auction. Consistent with past practice, commercial mobile service licenses in R&O ...... 04/11/13 78 FR 21555 in December 2014, a public notice was the 1930–1985 MHz (PCS downlink) Petition for Re- 06/06/13 78 FR 34015 issued asking for comment specific key band. The potential for harmful consideration. components related to implementing the interference to the PCS downlink band Order on Recon- 11/08/14 79 FR 70790 June 2014 Report and Order. The public relates only to the Lower H Block sideration. FNPRM ...... 11/28/14 79 FR 70837 notice asking for comment will be transmissions, and may be addressed by followed by a public notice with the Next Action Unde- appropriate technical rules, including termined. specific procedures about how to reduced power limits on H Block participate in the incentive auction. The devices. We, therefore, propose to pair start of the Incentive Auction is planned Regulatory Flexibility Analysis and license the Lower H Block and the Required: Yes. for early 2016. Upper H Block for flexible use, Timetable: Agency Contact: Amanda Huetinck, including mobile broadband, aiming to Attorney Advisor, WTB, Federal Action Date FR Cite assign the licenses through competitive Communications Commission, 445 12th bidding in 2013. In the event that we Street SW., Washington, DC 20554, NPRM ...... 11/21/12 77 FR 69933 conclude that the Lower H Block cannot Phone: 202 418–7090, Email: NPRM Comment 03/02/13 be used without causing harmful [email protected]. Period End. interference to PCS, we propose to RIN: 3060–AJ87 R&O ...... 08/15/14 79 FR 48441 license the Upper H Block for full Notice ...... 01/29/15 80 FR 4816 power, and seek comment on 369. Amendment of the Commission’s Notice Comment 03/13/15 Rules Governing Certain Aviation Period End. appropriate use for the Lower H Block, including Unlicensed PCS. Ground Station Equipment (Squitter) Next Action Unde- (WT Docket Nos. 10–61 and 09–42) termined. Timetable: Legal Authority: 48 Stat 1066, 1082 as Regulatory Flexibility Analysis Action Date FR Cite amended; 47 U.S.C. 154; 47 U.S.C. 303; Required: Yes. 47 U.S.C. 307(e); 47 U.S.C. 151 to 156; Agency Contact: Rachel Kazan, NPRM ...... 01/08/13 78 FR 1166 47 U.S.C. 301 Federal Communications Commission, NPRM Comment 03/06/13 Abstract: This action amends part 87 445 12th Street SW., Washington, DC Period End. rules to authorize new ground station R&O ...... 08/16/13 78 FR 50213 technologies to promote safety and 20554, Phone: 202 418–1500, Email: Next Action Unde- [email protected]. termined. allow use of frequency 1090 MHz by RIN: 3060–AJ82 aeronautical utility mobile stations for
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airport surface detection equipment radiolocation uses of the 78–81 GHz Regulatory Flexibility Analysis (commonly referred to as ‘‘squitters’’) to band will be considered in other Required: Yes. help reduce collisions between aircraft proceedings. Agency Contact: Tim Maguire, and airport ground vehicles. Timetable: Electronics Engineer, Federal Timetable: Communications Commission, 445 12th Action Date FR Cite Street SW., Washington, DC 20554, Action Date FR Cite Phone: 202 418–2155, Fax: 202 418– NPRM ...... 01/11/12 77 FR 1661 7247, Email: [email protected]. NPRM ...... 04/28/10 75 FR 22352 R&O ...... 07/26/13 78 FR 45072 RIN: 3060–AK05 R&O ...... 03/01/13 78 FR 61023 NPRM ...... 03/06/15 80 FR 12120 Next Action Unde- Next Action Unde- 373. Promoting Technological Solutions termined. termined. To Combat Wireless Contraband Device Use in Correctional Facilities Regulatory Flexibility Analysis Regulatory Flexibility Analysis Legal Authority: 47 U.S.C. 151; 47 Required: Yes. Required: Yes. Agency Contact: Tim Maguire, U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. Agency Contact: Tim Maguire, 154(j); 47 U.S.C. 301; 47 U.S.C. 303(a); Electronics Engineer, Federal Electronics Engineer, Federal Communications Commission, 445 12th 47 U.S.C. 303(b); 47 U.S.C. 307; 47 Communications Commission, 445 12th U.S.C. 308; 47 U.S.C. 309; 47 U.S.C. 310; Street SW., Washington, DC 20554, Street SW., Washington, DC 20554, Phone: 202 418–2155, Fax: 202 418– 47 U.S.C. 332 Phone: 202 418–2155, Fax: 202 418– Abstract: In this proceeding, the 7247, Email: [email protected]. 7247, Email: [email protected]. RIN: 3060–AK04 Commission proposes rules to RIN: 3060–AJ88 encourage development of multiple 370. Amendment of the Commission’s 372. Amendment of Part 90 of the technological solutions to combat the Rules Concerning Commercial Radio Commission’s Rules To Permit use of contraband wireless devices in Operators (WT Docket No. 10–177) Terrestrial Trunked Radio (TETRA) correctional facilities nationwide. The Technology; WT Docket No. 11–6 Commission proposes to streamline Legal Authority: 47 U.S.C. 154(i); 47 Legal Authority: 47 U.S.C. 154(i); 47 rules governing lease agreement U.S.C. 303(r); 47 U.S.C. 332(a)2 modifications between wireless Abstract: This action amends parts 0, U.S.C. 161; 47 U.S.C. 303(g); 47 U.S.C. providers and managed access system 1, 13, 80, and 87 of the Commission’s 303(r); 47 U.S.C. 332(c)(7) Abstract: We modify our rules to operators. It also proposes to require rules concerning commercial radio permit the certification and use of wireless providers to terminate service operator licenses for maritime and Terrestrial Trunked Radio (TETRA) to a contraband wireless device. aviation radio stations in order to equipment under part 90 of our rules. Timetable: reduce administrative burdens on the TETRA is a spectrally efficient digital telecom industry. technology with the potential to provide Action Date FR Cite Timetable: valuable benefits to land mobile radio users, such as higher security and lower NPRM ...... 06/18/13 78 FR 36469 Action Date FR Cite NPRM Comment 08/08/13 latency than comparable technologies. It Period End. NPRM ...... 10/29/10 75 FR 66709 does not, however, conform to all of our Next Action Unde- R&O ...... 05/29/13 78 FR 32165 current part 90 technical rules. In the termined. Next Action Unde- Notice of Proposed Rule Making and termined. Order (NPRM) in this proceeding, the Regulatory Flexibility Analysis Commission proposed to amend part 90 Required: Yes. Regulatory Flexibility Analysis to accommodate TETRA technology. We Agency Contact: Melissa Conway, Required: Yes. conclude that modifying the part 90 Attorney Advisor, Wireless Bureau, Agency Contact: Stanislava Kimball, rules to permit the certification and use Federal Communications Commission, Attorney Advisor, Federal of TETRA equipment in two bands—the 445 12th Street SW., Washington, DC Communications Commission, 445 12th 450–470 MHz portion of the UHF band 20554, Phone: 202 418–2887, Email: Street SW., Washington, DC 20554, (421–512 MHz) and Business/Industrial [email protected]. Phone: 202 418–1306, Email: Land Transportation 800 MHz band RIN: 3060–AK06 [email protected]. channels (809–824/854–869 MHz) that RIN: 3060–AJ91 374. Enabling Small Cell Use in the 3.5 are not in the National Public Safety GHz Band 371. Radiolocation Operations in the Planning Advisory Committee Legal Authority: 47 U.S.C. 151; 47 78–81 GHz Band; WT Docket No. 11– (NPSPAC) portion of the band—will U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. 202 give private land mobile radio (PLMR) licensees additional equipment 154(j) ; 47 U.S.C. 302(a); 47 U.S.C. 303; Legal Authority: 47 U.S.C. 154; 47 alternatives without increasing the 47 U.S.C. 304; 47 U.S.C. 307(e); 47 U.S.C. 303; 47 U.S.C. 307(e) potential for interference or other U.S.C. 316 Abstract: We amend our rules to adverse effects on other licensees. Abstract: The NPRM proposed to permit the certification, licensing, and Timetable: create a Citizens Broadband Service, use of foreign object debris (FOD) licensed-by-rule pursuant to section detection radar equipment in the 78–81 Action Date FR Cite 307(e) of the Communications Act and GHz band. The presence of FOD on classified as a Citizens Band Service airport runways, taxiways, aprons, and NPRM ...... 05/11/11 76 FR 27296 under part 95 of the Commission’s rules. ramps poses a significant threat to the R&O ...... 10/10/12 77 FR 61535 Access to and use of the 3.5 GHz band safety of air travel. FOD detection radar Order on Recon- 08/09/13 78 FR 48627 would be managed by a spectrum access equipment will be authorized on a sideration. system (SAS), incorporating a geo- Next Action Unde- licensed basis under part 90 of our termined. location enabled dynamic database rules. Authorization of other potential (similar to TVWS).
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The Further Notice of Proposed commercial wireless mobile service minority groups and women are given Rulemaking proposes to create a new since its inception more than 30 years the opportunity to participate in the Citizens Broadband Radio Service in the ago and the licensing models used for provision of spectrum-based services. 3550–3650 MHz band to be governed by newer wireless telecommunications Timetable: a new part 96 of the Commission’s rules. services. Access to and use of the 3550–3650 On November 10, 2014, the FCC Action Date FR Cite MHz band would be managed by a released a Report and Order (R&O) and spectrum access system, incorporating a a companion Further Notice of Proposed NPRM ...... 11/14/14 79 FR 68172 Rulemaking (FNPRM) to revise rules NPRM Comment 03/06/15 geo-location enabled dynamic database. Period End. The Report and Order and Second governing the 800 MHz Cellular Service. Public Notice ...... 03/16/15 80 FR 15715 Further Notice of Proposed Rulemaking In the R&O, the FCC eliminated various R&O ...... 07/21/15 80 FR 56764 adopted by the Commission established regulatory requirements and Next Action Unde- a new Citizens Broadband Radio Service streamlined requirements remaining in termined. for shared wireless broadband use of the place, while retaining Cellular Service 3550–3700 MHz band. The Citizens licensees’ ability to expand into an area Regulatory Flexibility Analysis Broadband Radio Service is governed by that is not yet licensed. In the FNPRM, Required: Yes. a three-tiered spectrum authorization the FCC proposes and seeks comment Agency Contact: Kelly Quinn, framework to accommodate a variety of on additional Cellular Service reforms Assistant Chief, Auctions and Spectrum commercial uses on a shared basis with of licensing rules and the radiated Access Division, Federal incumbent federal and non-federal users power rules, to promote flexibility and Communications Commission, 445 12th of the band. Access and operations will help foster the deployment of newer Street SW., Washington, DC 20554, be managed by a dynamic spectrum technologies such as LTE. Phone: 202 418–0660, Email: access system. The three tiers are: Timetable: [email protected]. Incumbent Access, Priority Access, and RIN: 3060–AK28 General Authorized Access. Rules Action Date FR Cite governing the Citizens Broadband Radio NPRM ...... 03/16/12 77 FR 15665 Service are found in Part 96 of the NPRM Comment 05/15/12 FEDERAL COMMUNICATIONS Commission’s rules. Period End. COMMISSION (FCC) Timetable: NPRM Reply 06/14/12 Comment Pe- Wireless Telecommunications Bureau Action Date FR Cite riod End. R&O ...... 12/05/14 79 FR 72143 Completed Actions NPRM ...... 01/08/13 78 FR 1188 FNPRM ...... 12/22/14 79FR 76268 377. Rules Authorizing the Operation of NPRM Comment 03/19/13 Final Rule Effec- 01/05/15 Low Power Auxiliary Stations in the Period End. tive (with 3 ex- 698–806 MHz Band (WT Docket No. 08– FNPRM ...... 06/02/14 79 FR 31247 ceptions). FNPRM Comment 08/15/14 FNPRM Comment 01/21/15 166) Public Interest Spectrum Coalition, Period End. Period End. Petition for Rulemaking Regarding Low R&O and 2nd 06/15/15 80 FR 34119 FNPRM Reply 02/20/15 Power Auxiliary FNPRM. Comment Pe- Legal Authority: 47 U.S.C. 151 and 2nd FNPRM 08/14/15 riod End. Comment Pe- 152; 47 U.S.C. 154(i) and 154(j); 47 Next Action Unde- U.S.C. 301 and 302(a); 47 U.S.C. 303; 47 riod End. termined. Next Action Unde- U.S.C. 303(r); 47 U.S.C. 304; 47 U.S.C. termined. Regulatory Flexibility Analysis 307 to 309; 47 U.S.C. 316; 47 U.S.C. 332; Required: Yes. 47 U.S.C. 336 and 337 Regulatory Flexibility Analysis Agency Contact: Nina Shafran, Abstract: In 2010, the Commission: Required: Yes. Attorney Advisor, Wireless Bureau, Prohibited the distribution and sale of Agency Contact: Paul Powell, Federal Communications Commission, wireless microphones that operate in Attorney Advisor, Federal 445 12th Street SW., Washington, DC the 700 MHz Band (TV channels 52–69); Communications Commission, 445 12th 20554, Phone: 202 418–2781, Email: ordered that the band be cleared of these Street SW., Washington, DC 20554, [email protected]. devices; authorized unlicensed wireless Phone: 202 418–1613, Email: RIN: 3060–AK13 microphone operations subject to [email protected]. conditions; and sought comment on RIN: 3060–AK12 376. Updating Competitive Bidding issues including the operation of low Rules power auxiliary stations including 375. 800 MHz Cellular Legal Authority: 47 U.S.C. 151; 47 wireless microphones in the core TV Telecommunications Licensing Reform; U.S.C. 154(i); 47 U.S.C. 303(r); 47 U.S.C. bands (channels 52–36, 38–51), and on Docket No. 12–40 309(j); 47 U.S.C. 316 license eligibility. Legal Authority: 47 U.S.C. 151; 47 Abstract: This proceeding was On June 2, 2014, the Commission U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. initiated to revise some of the released a Second Report and Order to 301 to 303; 47 U.S.C. 308; 47 U.S.C. Commission’s general part 1 rules provide a limited expansion of the types 309(j); 47 U.S.C. 332 governing competitive bidding for of entities eligible for a low power Abstract: The proceeding was spectrum licenses to reflect changes in auxiliary station license under part 74 of launched to revisit and update various the marketplace, including the its rules to include qualifying rules governing licensing for the 800 challenges faced by new entrants, as professional sound companies, as well MHz cellular radiotelephone service. well as to advance the statutory as owners and operators of large venues, Most notably, the current site-based directive to ensure that small as further explained in the order. The model for issuing licenses is under businesses, rural telephone companies, Commission also: (1) Denied requests to review, mindful of the evolution of this and businesses owned by members of expand eligibility under part 74 to
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include nuclear power plants, but Action Date FR Cite 20554, Phone: 202 418–1550, Email: modified a previous waiver concerning [email protected]. the operation of unlicensed low power Second FNPRM 06/20/08 RIN: 3060–AJ50 auxiliary devices both inside and Comment Pe- 380. Promoting Interoperability in the outside the plants; (2) adopted riod End. 700 MHz Commercial Spectrum; provisions to condition any new LPAS Third FNPRM ...... 09/05/08 73 FR 57750 Third FNPRM 11/03/08 Requests for Waiver and Extension of licenses on the requirement to cease Comment Pe- Lower 700 MHz Band Interim operating in repurposed UHF spectrum riod End. Construction Benchmark Deadlines in connection with the Commission’s Second R&O ...... 02/20/09 74 FR 8868 (WT Docket Nos. 12–69 & 12–332) Incentive Auction Report and Order in Final Rule ...... 03/04/09 74 FR 8868 GN Docket No. 12–268 (FCC 14–50); and Order on Recon- 03/01/13 78 FR 19424 Legal Authority: 47 U.S.C. 151; 47 (3) provided newly eligible licensees sideration. U.S.C. 152; 47 U.S.C. 154(i); 47 U.S.C. with an initial and renewal license term 154(j); 47 U.S.C. 301; 47 U.S.C. 302(a); not to exceed 10 years. Regulatory Flexibility Analysis 47 U.S.C. 303(b); 47 U.S.C. 303(e); 47 Timetable: Required: Yes. U.S.C. 303(f); 47 U.S.C. 303(g); 47 U.S.C. Agency Contact: Paul D’Ari, Spectrum 303(r); 47 U.S.C. 304; 47 U.S.C. 307(a); Action Date FR Cite and Competition Policy Division, 47 U.S.C. 309(j)(3); 47 U.S.C. 316(a)(1); Federal Communications Commission, 47 CFR 1.401 et seq. NPRM ...... 09/03/08 73 FR 51406 Wireless Telecommunications Bureau, Abstract: In the Report and Order, the NPRM Comment 10/20/08 445 12th Street SW., Washington, DC Commission took steps to implement an Period End. 20554, Phone: 202 418–1550, Email: R&O ...... 01/22/10 75 FR 3622 industry solution to provide FNPRM ...... 01/22/10 75 FR 3682 [email protected]. interoperable Long Term Evolution FNPRM Comment 03/22/10 RIN: 3060–AJ35 (LTE) service in the lower 700 MHz Period End. 379. 2004 and 2006 Biennial Regulatory band in an efficient and effective Public Notice ...... 10/05/12 Reviews—Streamlining and Other manner to improve choice and quality Second R&O ...... 07/14/14 79 FR 40680 Revisions of the Commission’s Rules for consumers of mobile services. Governing Construction, Marking, and Timetable: Regulatory Flexibility Analysis Lighting of Antenna Structures Required: Yes. Action Date FR Cite Agency Contact: G. William Stafford, Legal Authority: 47 U.S.C. 154(i)–(j) Attorney, Federal Communications and 161; 47 U.S.C. 303(q) NPRM ...... 04/02/12 77 FR 19575 Commission, 445 12th Street SW., Abstract: In this NPRM, in WT Docket NPRM Comment 06/01/12 Washington, DC 20554, Phone: 202 418– No. 10–88, the Commission seeks Period End. R&O and Order of 11/05/13 78 FR 66298 0563, Email: [email protected]. comment on revisions to part 17 of the Commission’s rules governing Proposed Modi- RIN: 3060–AJ21 fication. construction, marking, and lighting of 378. In the Matter of Service Rules for antenna structures. The Commission Regulatory Flexibility Analysis the 698 to 746, 747 to 762, and 777 to initiated this proceeding to update and 792 MHz Bands Required: Yes. modernize the part 17 rules. These Agency Contact: Jennifer Salhus, Legal Authority: 47 U.S.C. 151; 47 proposed revisions are intended to Attorney, Federal Communications U.S.C. 154(i); 47 U.S.C. 303(r); 47 U.S.C. improve compliance with these rules Commission, 445 12th Street SW., 309 and allow the Commission to enforce Washington, DC 20554, Phone: 202 418– Abstract: This is one of several them more effectively, helping to better 2823, Email: [email protected]. docketed proceedings involved in the ensure the safety of pilots and aircraft RIN: 3060–AJ78 establishment of rules governing passengers nationwide. The proposed wireless licenses in the 698–806 MHz revisions also would remove outdated band (the 700 MHz band). This and burdensome requirements without spectrum is being vacated by television compromising the Commission’s FEDERAL COMMUNICATIONS broadcasters in TV channels 52–69. It is statutory responsibility to prevent COMMISSION (FCC) being made available for wireless antenna structures from being hazards Wireline Competition Bureau services, including public safety and or menaces to air navigation. commercial services, as a result of the Timetable: Long-Term Actions digital television (DTV) transition. This 381. Implementation of the Universal docket has to do with service rules for Action Date FR Cite Service Portions of the 1996 the commercial services, and is known Telecommunications Act as the 700 MHz Commercial Services NPRM ...... 05/21/10 75 FR 28517 NPRM Comment 07/20/10 Legal Authority: 47 U.S.C. 151 et seq. proceeding. Period End. Timetable: NPRM Reply 08/19/10 Abstract: The Telecommunications Comment Pe- Act of 1996 expanded the traditional Action Date FR Cite riod End. goal of universal service to include R&O ...... 09/24/14 79 FR 56968 increased access to both NPRM ...... 08/03/06 71 FR 48506 telecommunications and advanced NPRM ...... 09/20/06 Regulatory Flexibility Analysis services such as high-speed Internet for FNPRM ...... 05/02/07 72 FR 24238 FNPRM Comment 05/23/07 Required: Yes. all consumers at just, reasonable and Period End. Agency Contact: Paul D’Ari, Spectrum affordable rates. The Act established R&O ...... 07/31/07 72 FR 48814 and Competition Policy Division, principles for universal service that Order on Recon- 09/24/07 72 FR 56015 Federal Communications Commission, specifically focused on increasing sideration. Wireless Telecommunications Bureau, access to evolving services for Second FNPRM .. 05/14/08 73 FR 29582 445 12th Street SW., Washington, DC consumers living in rural and insular
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areas, and for consumers with low- Action Date FR Cite Action Date FR Cite incomes. Additional principles called for increased access to high-speed Order on Recon- 07/10/97 62 FR 40742 Order ...... 08/06/03 68 FR 46500 Internet in the Nation’s schools, sideration. Order and Order 08/19/03 68 FR 49707 libraries and rural health care facilities. R&O and Second 07/18/97 62 FR 41294 on Reconsider- The FCC established four programs Order on Re- ation. consideration. Order on Re- 10/27/03 68 FR 69641 within the Universal Service Fund to Second R&O, and 08/15/97 62 FR 47404 mand, MO&O, implement the statute. The four FNPRM. FNPRM. programs are: Connect America Fund Third R&O ...... 10/14/97 62 FR 56118 R&O, Order on 11/17/03 68 FR 74492 (formally known as High-Cost Support) Second Order on 11/26/97 62 FR 65036 Reconsider- for rural areas; Lifeline (for low-income Reconsideration. ation, FNPRM. consumers), including initiatives to Fourth Order on 12/30/97 62 FR 2093 R&O, FNPRM ..... 02/26/04 69 FR 13794 expand phone service for Native Reconsideration. R&O, FNPRM ..... 04/29/04 Americans; Schools and Libraries (E- Fifth Order on Re- 06/22/98 63 FR 43088 NPRM ...... 05/14/04 69 FR 3130 consideration. NPRM ...... 06/08/04 69 FR 40839 rate); and Rural Health Care. Fifth R&O ...... 10/28/98 63 FR 63993 Order ...... 06/28/04 69 FR 48232 The Universal Service Fund is paid Eighth Order on 11/21/98 Order on Recon- 07/30/04 69 FR 55983 for by contributions from Reconsideration. sideration & telecommunications carriers, including Second Rec- 11/25/98 63 FR 67837 Fourth R&O. wireline and wireless companies, and ommended De- Fifth R&O and 08/13/04 69 FR 55097 interconnected Voice over Internet cision. Order. Protocol (VoIP) providers, including Thirteenth Order 06/09/99 64 FR 30917 Order ...... 08/26/04 69 FR 57289 cable companies that provide voice on Reconsider- Second FNPRM .. 09/16/04 69 FR 61334 ation. service, based on an assessment on their Order & Order on 01/10/05 70 FR 10057 FNPRM ...... 06/14/99 64 FR 31780 Reconsideration. interstate and international end-user FNPRM ...... 09/30/99 64 FR 52738 Sixth R&O ...... 03/14/05 70 FR 19321 revenues. The Universal Service Fourteenth Order 11/16/99 64 FR 62120 R&O ...... 03/17/05 70 FR 29960 Administrative Company, or USAC, on Reconsider- MO&O ...... 03/30/05 70 FR 21779 administers the four programs and ation. NPRM & FNPRM 06/14/05 70 FR 41658 collects monies for the Universal Fifteenth Order on 11/30/99 64 FR 66778 Order ...... 10/14/05 70 FR 65850 Service Fund under the direction of the Reconsideration. Order ...... 10/27/05 FCC. Tenth R&O ...... 12/01/99 64 FR 67372 NPRM ...... 01/11/06 71 FR 1721 Ninth R&O and 12/01/99 64 FR 67416 On October 16, 2014, the Commission Report Number 01/12/06 71 FR 2042 Eighteenth 2747. released a Public Notice seeking Order on Re- Order ...... 02/08/06 71 FR 6485 comments on proposed methodology for consideration. FNPRM ...... 03/15/06 71 FR 13393 Connect America Fund recipients to Nineteenth Order 12/30/99 64 FR 73427 R&O and NPRM 07/10/06 71 FR 38781 measure and report speed and latency on Reconsider- Order ...... 01/01/06 71 FR 6485 performance to fixed locations. ation. Order ...... 05/16/06 71 FR 30298 On December 18, 2014, the Twentieth Order 05/08/00 65 FR 26513 MO&O and 05/16/06 71 FR 29843 Commission released a Report and on Reconsider- FNPRM. Order finalizing decisions necessary to ation. R&O ...... 06/27/06 71 FR 38781 Public Notice ...... 07/18/00 65 FR 44507 Public Notice ...... 08/11/06 71 FR 50420 proceed to Phase II of the Connect Twelfth R&O, 08/04/00 65 FR 47883 Order ...... 09/29/06 71 FR 65517 America Fund. MO&O and Public Notice ...... 03/12/07 72 FR 36706 On December 19, 2014, the FNPRM. Public Notice ...... 03/13/07 72 FR 40816 Commission released a Second E-rate FNPRM and 11/09/00 65 FR 67322 Public Notice ...... 03/16/07 72 FR 39421 Modernization Order adjusting program Order. Notice of Inquiry .. 04/16/07 rules and support levels in order to meet FNPRM ...... 01/26/01 66 FR 7867 NPRM ...... 05/14/07 72 FR 28936 long-term program goals for high speed R&O and Order 03/14/01 66 FR 16144 Recommended 11/20/07 connectivity. on Reconsider- Decision. ation. Order ...... 02/14/08 73 FR 8670 On January 30, 2015, the Commission NPRM ...... 05/08/01 66 FR 28718 NPRM ...... 03/04/08 73 FR 11580 released a Public Notice seeking Order ...... 05/22/01 66 FR 35107 NPRM ...... 03/04/08 73 FR 11591 comment on the Alliance of Rural Fourteenth R&O 05/23/01 66 FR 30080 R&O ...... 05/05/08 73 FR 11837 Broadband applicants petition for and FNPRM. Public Notice ...... 07/02/08 73 FR 37882 limited waiver of certain RBE letter of FNPRM and 01/25/02 67 FR 7327 NPRM ...... 08/19/08 73 FR 48352 credit requirements. Order. Notice of Inquiry .. 10/14/08 73 FR 60689 On February 4, 2015, the Commission NPRM ...... 02/15/02 67 FR 9232 Order on Re- 11/12/08 73 FR 66821 released a Public Notice seeking NPRM and Order 02/15/02 67 FR 10846 mand, R&O, FNPRM and R&O 02/26/02 67 FR 11254 FNPRM. comments on NTCA’s emergency NPRM ...... 04/19/02 67 FR 34653 R&O ...... 05/22/09 74 FR 2395 petition for limited waiver of RBE letter Order and Second 12/13/02 67 FR 79543 Order & NPRM .... 03/24/10 75 FR 10199 of credit bank eligibility requirements. FNPRM. R&O and MO&O 04/08/10 75 FR 17872 Timetable: NPRM ...... 02/25/03 68 FR 12020 NOI and NPRM ... 05/13/10 75 FR 26906 Public Notice ...... 02/26/03 68 FR 10724 Order and NPRM 05/28/10 75 FR 30024 Action Date FR Cite Second R&O and 06/20/03 68 FR 36961 NPRM ...... 06/09/10 75 FR 32699 FNPRM. NPRM ...... 08/09/10 75 FR 48236 Recommended 11/08/96 61 FR 63778 Twenty-Fifth 07/16/03 68 FR 41996 NPRM ...... 09/21/10 75 FR 56494 Decision Fed- Order on Re- R&O ...... 12/03/10 75 FR 75393 eral-State Joint consideration, Order ...... 01/27/11 76 FR 4827 Board, Uni- R&O, Order, NPRM ...... 03/02/11 76 FR 11407 versal Service. and FNPRM. NPRM ...... 03/02/11 76 FR 11632 First R&O ...... 05/08/97 62 FR 32862 NPRM ...... 07/17/03 68 FR 42333 NPRM ...... 03/23/11 76 FR 16482 Second R&O ...... 05/08/97 62 FR 32862 Order ...... 07/24/03 68 FR 47453 Order and NPRM 06/27/11 76 FR 37307
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Action Date FR Cite oriented report. The NPRM proposed to Communications Commission, Wireline reduce the reporting categories from Competition Bureau, 445 12th Street R&O ...... 12/28/11 76 FR 81562 more than 30 to six, and addressed the SW., Washington, DC 20554, Phone: 202 Order ...... 03/09/12 77 FR 14297 needs of carriers, consumers, State 418–1572, Email: douglas.slotten@ R&O ...... 03/30/12 77 FR 19125 public utility commissions, and other fcc.gov. Order ...... 05/23/12 77 FR 30411 interested parties. On February 15, RIN: 3060–AI47 3rd Order on Re- 05/24/12 77 FR 30904 consideration. 2005, the Commission adopted an Order 384. IP-Enabled Services; WC Docket Public Notice ...... 05/31/12 77 FR 32113 that extended the Federal-State Joint No. 04–36 FNPRM ...... 06/07/12 77 FR 33896 Conference on Accounting Issues until Public Notice ...... 07/26/12 77 FR 43773 March 1, 2007. On September 6, 2008, Legal Authority: 47 U.S.C. 151 and Order ...... 08/30/12 77 FR 52616 the Commission adopted a 152; . . . Public Notice ...... 02/28/12 77 FR 76345 Memorandum Opinion and Order Abstract: The notice seeks comment Public Notice ...... 08/29/12 77 FR 52279 granting conditional forbearance from on ways in which the Commission Public Notice ...... 12/12/12 77 FR 74010 the ARMIS 43–05 and 43–06 reporting might categorize or regulate IP-enabled 5th Order on Re- 01/17/13 78 FR 3837 requirements to all carriers that are services. It poses questions regarding consideration. the proper allocation of jurisdiction over Public Notice ...... 02/07/13 78 FR 9020 required to file these reports. Timetable: each category of IP-enabled service. The Public Notice ...... 02/21/13 78 FR 12006 notice then requests comment on Public Notice ...... 02/22/13 78 FR 12269 whether the services comprising each Public Notice ...... 03/15/13 78 FR 16456 Action Date FR Cite 6th Order on Re- 03/19/13 78 FR 16808 category constitute consideration NPRM ...... 12/04/00 65 FR 75657 ‘‘telecommunications services’’ or and MO&O. Order ...... 02/06/02 67 FR 5670 ‘‘information services’’ under the MO&O ...... 05/08/13 78 FR 26705 Order ...... 03/22/05 70 FR 14466 definitions set forth in the Act. Finally, R&O ...... 05/06/13 78 FR 26269 MO&O ...... 10/15/08 73 FR 60997 noting the Commission’s statutory R&O ...... 06/03/13 78 FR 32991 Next Action Unde- forbearance authority and title I termined. Public Notice ...... 06/13/13 78 FR 35632 ancillary jurisdiction, the notice R&O ...... 06/26/13 78 FR 38227 Regulatory Flexibility Analysis describes a number of central regulatory Order on Recon- 08/08/13 78 FR 48622 requirements (including, for example, sideration. Required: Yes. Order ...... 03/01/13 78 FR 13935 Agency Contact: Cathy Zima, Deputy those relating to access charges, Public Notice ...... 12/19/13 78 FR 76789 Chief, Industry Analysis Division, WCB, universal service, E911, and disability Order ...... 02/28/14 79 FR 11366 Federal Communications Commission, accessibility), and asks which, if any, Public Notice ...... 03/11/14 79 FR 13599 Wireline Competition Bureau, 445 12th should apply to each category of IP- Public Notice ...... 03/17/14 79 FR 17070 Street SW., Washington, DC 20554, enabled services. Public Notice ...... 04/18/14 79 FR 21924 Timetable: R&O ...... 05/21/14 79 FR 29111 Phone: 202 418–7380, Fax: 202 418– Order ...... 05/23/14 79 FR 33705 6768, Email: [email protected]. Action Date FR Cite FNPRM ...... 07/09/14 79 FR 39163 RIN: 3060–AH72 R&O ...... 07/31/14 79 FR 44352 383. National Exchange Carrier NPRM ...... 03/29/04 69 FR 16193 R&O ...... 08/19/14 79 FR 49160 NPRM Comment 07/14/04 Public Notice ...... 11/20/14 79 FR 69091 Association Petition Period End. R&O ...... 01/27/15 80 FR 4446 Legal Authority: 47 U.S.C. 151 and First R&O ...... 06/03/05 70 FR 37273 2nd R&O ...... 02/04/15 80 FR 5961 152; 47 U.S.C. 201 and 202; . . . Public Notice ...... 06/16/05 70 FR 37403 Public Notice ...... 02/27/15 80 FR 10658 Abstract: In a Notice of Proposed First R&O Effec- 07/29/05 70 FR 43323 2nd FNPRM ...... 06/22/15 80 FR 40923 Rulemaking (NPRM) released on July tive. Next Action Unde- Public Notice ...... 08/31/05 70 FR 51815 termined. 19, 2004, the Commission initiated a R&O ...... 07/10/06 71 FR 38781 rulemaking proceeding to examine the R&O and FNPRM 06/08/07 72 FR 31948 Regulatory Flexibility Analysis proper number of end user common line FNPRM Comment 07/09/07 72 FR 31782 Required: Yes. charges (commonly referred to as Period End. Agency Contact: Nakesha Woodward, subscriber line charges or SLCs) that R&O ...... 08/06/07 72 FR 43546 carriers may assess upon customers that Public Notice ...... 08/07/07 72 FR 44136 Program Support Assistant, Federal R&O ...... 08/16/07 72 FR 45908 Communications Commission, 445 12th obtain derived channel T–1 service where the customer provides the Public Notice ...... 11/01/07 72 FR 61813 Street SW., Washington, DC 20554, Public Notice ...... 11/01/07 72 FR 61882 Phone: 202 418–1502, Email: terminating channelization equipment Public Notice ...... 12/13/07 72 FR 70808 [email protected]. and upon customers that obtain Primary Public Notice ...... 12/20/07 72 FR 72358 RIN: 3060–AF85 Rate Interface (PRI) Integrated Service R&O ...... 02/21/08 73 FR 9463 Digital Network (ISDN) service. NPRM ...... 02/21/08 73 FR 9507 382. 2000 Biennial Regulatory Timetable: Order ...... 05/15/08 73 FR 28057 Review—Telecommunications Service Order ...... 07/29/09 74 FR 37624 Quality Reporting Requirements Action Date FR Cite R&O ...... 08/07/09 74 FR 39551 Public Notice ...... 10/14/09 74 FR 52808 Legal Authority: 47 U.S.C. 154(i) and NPRM ...... 08/13/04 69 FR 50141 Announcement of 03/19/10 75 FR 13235 154(j); 47 U.S.C. 201(b); 47 U.S.C. NPRM Comment 11/12/04 Effective Date. 303(r); 47 U.S.C. 403 Period End. Public Notice ...... 05/20/10 75 FR 28249 Abstract: The notice of proposed Next Action Unde- Public Notice ...... 06/11/10 75 FR 33303 rulemaking (NPRM) proposed to termined. NPRM, Order, & 06/19/13 78 FR 36679 eliminate our current service quality NOI. reports (Automated Reporting Regulatory Flexibility Analysis R&O (release 06/22/15 Management Information System Required: Yes. date). Agency Contact: Douglas Slotten, Next Action Unde- (ARMIS) Report 43–05 and 43–06) and termined. replace them with a more consumer- Attorney Advisor, Federal
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Regulatory Flexibility Analysis Action Date FR Cite Action Date FR Cite Required: Yes. Agency Contact: Melissa Kirkel, Order and 08/22/06 Next Action Unde- Attorney Advisor, Federal FNPRM Com- termined. ment Period Communications Commission, Wireline End. Regulatory Flexibility Analysis Competition Bureau, 445 12th Street R&O ...... 05/15/09 74 FR 23955 Required: Yes. SW., Washington, DC 20554, Phone: 202 R&O ...... 05/25/10 75 FR 30301 Agency Contact: Cathy Zima, Deputy 418–7958, Fax: 202 418–1413, Email: R&O ...... 05/27/11 76 FR 30840 Chief, Industry Analysis Division, WCB, [email protected]. R&O ...... 05/23/12 77 FR 30410 Federal Communications Commission, RIN: 3060–AI48 R&O ...... 06/13/14 79 FR 36232 Next Action Unde- Wireline Competition Bureau, 445 12th 385. Jurisdictional Separations termined. Street SW., Washington, DC 20554 , Phone: 202 418–7380, Fax: 202 418– Legal Authority: 47 U.S.C. 151; 47 Regulatory Flexibility Analysis 6768, Email: [email protected]. U.S.C. 154(i) and 154(j); 47 U.S.C. 205; Required: Yes. RIN: 3060–AJ14 47 U.S.C. 221(c); 47 U.S.C. 254; 47 Agency Contact: John Hunter, 387. Development of Nationwide U.S.C. 403; 47 U.S.C. 410 Attorney—Advisor, Federal Broadband Data To Evaluate Abstract: Jurisdictional separations is Communications Commission, 445 12th Reasonable and Timely Deployment of the process, pursuant to part 36 of the Street SW., Washington, DC 20554, Advanced Services to All Americans Phone: 202 418–1520, Email: Commission’s rules, by which Legal Authority: 15 U.S.C. 251; 47 incumbent local exchange carriers [email protected]. U.S.C. 252; 47 U.S.C. 257; 47 U.S.C. 271; RIN: 3060–AJ06 apportion regulated costs between the 47 U.S.C. 1302; 47 U.S.C. 160(b); 47 intrastate and interstate jurisdictions. In 386. Service Quality, Customer U.S.C. 161(a)(2) 1997, the Commission initiated a Satisfaction, Infrastructure and Abstract: The Report and Order proceeding seeking comment on the Operating Data Gathering (WC Docket streamlined and reformed the extent to which legislative changes, Nos. 08–190, 07–139, 07–204, 07–273, Commission’s Form 477 Data Program, technological changes, and market 07–21) which is the Commission’s primary tool changes warrant comprehensive reform to collect data on broadband and Legal Authority: 47 U.S.C. 151 to 155; of the separations process. In 2001, the telephone services. Commission adopted the Federal-State 47 U.S.C. 160 and 161; 47 U.S.C. 20 to Timetable: Joint Board on Jurisdictional 205; 47 U.S.C. 215; 47 U.S.C. 218 to 220; Separations’ recommendation to impose 47 U.S.C. 251 to 271; 47 U.S.C. 303(r) Action Date FR Cite an interim freeze on the part 36 category and 332; 47 U.S.C. 403; 47 U.S.C. 502 relationships and jurisdictional cost and 503 NPRM ...... 05/16/07 72 FR 27519 allocation factors for a period of five Abstract: This notice of proposed Order ...... 07/02/08 73 FR 37861 Order ...... 10/15/08 73 FR 60997 years, pending comprehensive reform of rulemaking (NPRM) tentatively proposes to collect infrastructure and NPRM ...... 02/08/11 76 FR 10827 the part 36 separations rules. In 2006, Order ...... 06/27/13 78 FR 49126 the Commission adopted an Order and operating data that is tailored in scope Next Action Unde- Further Notice of Proposed Rulemaking, to be consistent with Commission termined. which extended the separations freeze objectives from all facilities-based for a period of three years and sought providers of broadband and Regulatory Flexibility Analysis comment on comprehensive reform. In telecommunications. Similarly, the Required: Yes. 2009, the Commission adopted a Report NPRM also tentatively proposes to Agency Contact: Ms Chelsea Fallon, and Order extending the separations collect data concerning service quality Assistant Division Chief, Federal freeze an additional year to June 2010. and customer satisfaction from all Communications Commission, 445 12th In 2010, the Commission adopted a facilities-based providers of broadband Street SW., Washington, DC 20554, Report and Order extending the and telecommunications. The NPRM Phone: 202 418–7991, Email: separations freeze for an additional year seeks comment on the proposals, on the [email protected]. to June 2011. In 2011, the Commission specific information to be collected, and RIN: 3060–AJ15 on the mechanisms for collecting adopted a Report and Order extending 388. Local Number Portability Porting information. On June 27, 2013, the the separations freeze for an additional Interval and Validation Requirements Commission adopted a Report and year to June 2012. In 2012, the (WC Docket No. 07–244) Commission adopted a Report and Order addressing collection of Legal Authority: 47 U.S.C. 151; 47 Order extending the separations freeze broadband deployment data from U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. for an additional two years to June 2014. facilities-based providers. Timetable: 251; 47 U.S.C. 303(r) In 2014, the Commission adopted a Abstract: In 2007, the Commission Report and Order extending the Action Date FR Cite released a Notice of Proposed separations freeze for an additional Rulemaking in WC Docket No. 07–244. three years to June 2017. NPRM ...... 10/15/08 73 FR 60997 The Notice sought comment on whether Timetable: NPRM Comment 11/14/08 the Commission should adopt rules Period End. specifying the length of the porting Action Date FR Cite Reply Comment 12/15/08 intervals or other details of the porting Period End. process. It also tentatively concluded NPRM ...... 11/05/97 62 FR 59842 NPRM ...... 02/28/11 76 FR 12308 NPRM Comment 12/10/97 NPRM Comment 03/30/11 that the Commission should adopt rules Period End. Period End. reducing the porting interval for Order ...... 06/21/01 66 FR 33202 Reply Comment 04/14/11 wireline-to-wireline and intermodal Order and 05/26/06 71 FR 29882 Period End. simple port requests, specifically, to a FNPRM. R&O ...... 08/13/13 78 FR 49126 48-hour porting interval.
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In the Local Number Portability and modifies existing rules for pole The Commission also adopted an Order Porting Interval and Validation attachment rates and enforcement. on Reconsideration addressing petitions Requirements First Report and Order Timetable: for reconsideration. Reports have been and Further Notice of Proposed due quarterly beginning with the second Rulemaking, released on May 13, 2009, Action Date FR Cite quarter of 2015. the Commission reduced the porting Timetable: NPRM ...... 02/06/08 73 FR 6879 interval for simple wireline and simple FNPRM ...... 07/15/10 75 FR 41338 Action Date FR Cite intermodal port requests, requiring all Declaratory Ruling 08/03/10 75 FR 45494 entities subject to its local number R&O ...... 05/09/11 76 FR 26620 NPRM ...... 04/12/13 78 FR 21891 portability (LNP) rules to complete Order on Recon .. 02/03/16 81 FR 5605 Public Notice ...... 05/07/13 78 FR 26572 Next Action Unde- simple wireline-to-wireline and simple NPRM Comment 05/28/13 termined. intermodal port requests within one Period End. business day. In a related Further Notice R&O and FNPRM 12/17/13 78 FR 76218 of Proposed Rulemaking (FNPRM), the Regulatory Flexibility Analysis PRA 60 Day No- 12/30/13 78 FR 79448 Commission sought comment on what Required: Yes. tice. further steps, if any, the Commission Agency Contact: Michael Ray, FNPRM Comment 02/18/14 should take to improve the process of Attorney, Federal Communications Period End. changing providers. Commission, 445 12th Street SW., PRA Comments 03/11/14 Washington, DC 20554, Phone: 202 418– Due. In the LNP Standard Fields Order, 0357. Public Notice ...... 05/06/14 79 FR 25682 released on May 20, 2010, the RIN: 3060–AJ64 Order on Recon- 12/10/14 79 FR 73227 Commission adopted standardized data sideration. fields for simple wireline and 390. Rural Call Completion; WC Docket Erratum ...... 01/08/15 80 FR 1007 intermodal ports. The Order also adopts No. 13–39 Public Notice ...... 03/04/15 80 FR 11954 the NANC’s recommendations for Next Action Unde- Legal Authority: 47 U.S.C. 151; 47 termined. porting process provisioning flows and U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. for counting a business day in the 202(a); 47 U.S.C. 218; 47 U.S.C. 220(a); Regulatory Flexibility Analysis context of number porting. 47 U.S.C. 257(a); 47 U.S.C. 403 Required: Yes. Timetable: Abstract: The recordkeeping, Agency Contact: Richard B. Hovey, retention, and reporting requirements in Telecom Policy and Technology Action Date FR Cite the Report and Order improve the Specialist, Federal Communications Commission’s ability to monitor NPRM ...... 02/21/08 73 FR 9507 Commission, 445 12th Street SW., R&O and FNPRM 07/02/09 74 FR 31630 problems with completing calls to rural Washington, DC 20554, Phone: 202 418– R&O ...... 06/22/10 75 FR 35305 areas, and enforce restrictions against 2582, Email: [email protected]. Public Notice ...... 12/21/11 76 FR 79607 blocking, choking, reducing, or RIN: 3060–AJ89 Public Notice ...... 06/06/13 78 FR 34015 restricting calls. The Further Notice of R&O ...... 05/26/15 80 FR 29978 Proposed Rulemaking sought comment 391. Rates for Inmate Calling Services; Next Action Unde- on additional measures intended to WC Docket No. 12–375 termined. further ensure reasonable and Legal Authority: 47 U.S.C. 151; 47 nondiscriminatory service to rural areas. U.S.C. 154(i) to (j); 47 U.S.C. 225; 47 Regulatory Flexibility Analysis The Report and Order applies new U.S.C. 276; 47 U.S.C. 303(r); 47 CFR 64 Required: Yes. recordkeeping, retention, and reporting Abstract: In the Report and Order Agency Contact: Melissa Kirkel, requirements to providers of long- portion of this document, the Federal Attorney Advisor, Federal distance voice service that make the Communications Commission adopts Communications Commission, Wireline initial long-distance call path choice for rule changes to ensure that rates for both Competition Bureau, 445 12th Street more than 100,000 domestic retail interstate and intrastate inmate calling SW., Washington, DC 20554, Phone: 202 subscriber lines which, in most cases, is services (ICS) are fair, just, and 418–7958, Fax: 202 418–1413, Email: the calling party’s long-distance reasonable, as required by statute, and [email protected]. provider. Covered providers are limits ancillary service charges imposed RIN: 3060–AJ32 required to file quarterly reports and by ICS providers. In the Report and Order, the Commission sets caps on all 389. Implementation of Section 224 of retain the call detail records for at least interstate and intrastate calling rates for the Act; A National Broadband Plan for six calendar months. Qualifying ICS, establishes a tiered rate structure Our Future (WC Docket No. 07–245, GN providers may certify that they meet a based on the size and type of facility Docket No. 09–51) Safe Harbor which reduces their reporting and retention obligations, or being served, limits the types of Legal Authority: 47 U.S.C. 151; 47 seek a waiver of these rules from the ancillary services that ICS providers U.S.C. 154(i); 47 U.S.C. 154(j); 47 U.S.C. Wireline Competition Bureau, in may charge for and caps the charges for 224 consultation with the Enforcement permitted fees, bans flat-rate calling, Abstract: In 2010, the Commission Bureau. The Report and Order also facilitates access to ICS by people with released an Order and Further Notice of adopts a rule prohibiting all originating disabilities by requiring providers to Proposed Rulemaking that implemented and intermediate providers from offer free or steeply discounted rates for certain pole attachment causing audible ringing to be sent to the calls using TTY, and imposes reporting recommendations of the National caller before the terminating provider and certification requirements to Broadband Plan and sought comment has signaled that the called party is facilitate continued oversight of the ICS regarding others. On April 7, 2011, the being alerted. market. In the Further Notice portion of Commission adopted a Report and On February 13, 2015, the Wireline the item, the Commission seeks Order and Order on Reconsideration Competition Bureau provided comment on ways to promote that sets forth a comprehensive additional guidance regarding how competition for ICS, video visitation, regulatory scheme for access to poles, providers must categorize information. rates for international calls, and
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considers an array of solutions to further accounting requirements needed for strengthened the transparency rules that address areas of concern in the ICS price cap carriers to address our remained in place following Verizon. industry. statutory and regulatory obligations. In order to provide the best possible Timetable: Third, the Commission seeks comment legal foundation for these rules, the on several related issues, including state Commission’s Declaratory Ruling Action Date FR Cite requirements, rate effects, reclassified broadband Internet access implementation, continuing property service as a telecommunications service NPRM ...... 01/22/13 78 FR 4369 records, and legal authority. subject to title II of the Communications FNPRM ...... 11/13/13 78 FR 68005 Timetable: Act. Finally, in order to tailor title II to R&O ...... 11/13/13 78 FR 67956 FNPRM Comment 12/20/13 the 21st century broadband ecosystem, Action Date FR Cite Period End. the Commission issued an Order forbearing from the majority of title II Announcement of 06/20/14 79 FR 33709 NPRM ...... 09/15/14 79 FR 54942 Effective Date. NPRM Comment 11/14/14 provisions, leaving in place a light- 2nd FNPRM ...... 11/21/14 79 FR 69682 Period End. touch regime that will support 2nd FNPRM 01/15/15 NPRM Reply 12/15/14 regulatory action while simultaneously Comment Pe- Comment Pe- encouraging broadband investment, riod End. riod End. innovation, and deployment. 2nd FNPRM 01/20/15 Next Action Unde- Timetable: Reply Comment termined. Period End. Action Date FR Cite 3rd FNPRM ...... 12/18/15 80 FR 79020 Regulatory Flexibility Analysis 2nd R&O ...... 12/18/15 80 FR 79136 NPRM ...... 07/01/14 79 FR 37448 3rd FNPRM Com- 01/19/16 Required: Yes. NPRM Comment 07/18/14 ment Period Agency Contact: Robin Cohn, Period End. End. Attorney Advisor, Federal NPRM Reply 09/15/14 3rd FNPRM Reply 02/08/16 Communications Commission, 445 12th Comment Pe- Comment Pe- Street SW., Washington, DC 20554, riod End. riod End. Phone: 202 418–2747, Email: R&O on Remand, 04/13/15 80 FR 19737 Next Action Unde- [email protected]. Declaratory Rul- termined. RIN: 3060–AK20 ing, and Order. 393. Protecting and Promoting the Open Next Action Unde- Regulatory Flexibility Analysis termined. Required: Yes. Internet; (WC Docket No. 14–28) Agency Contact: Gil Strobel, Deputy Legal Authority: 47 U.S.C. 151; 47 Regulatory Flexibility Analysis Pricing Policy Div. Chief, WCB, Federal U.S.C. 151 ; 47 U.S.C. 154(i) to (j); 47 Required: Yes. Communications Commission, 445 12th U.S.C. 201(b) Agency Contact: Zachary Ross, Street SW., Washington, DC 20554, Abstract: In January of 2014, the D.C. Attorney Advisor, Competiton Policy Phone: 202 418–7084. Circuit in Verizon v. FCC struck down Division, WCB, Federal RIN: 3060–AK08. the no-blocking and no-unreasonable Communications Commission, 445 12th discrimination rules contained in the 392. Comprehensive Review of the Part Street SW., Washington, DC 20554, 2010 Open Internet Order, invalidating Phone: 202 418–1033, Email: 32 Uniform System of Accounts (WC the Commission’s attempt to create Docket No. 14–130) [email protected]. legally enforceable standards to preserve RIN: 3060–AK21 Legal Authority: 47 U.S.C. 151; 47 the open Internet. In response to U.S.C. 154(i); 47 U.S.C. 201(b); 47 U.S.C. Verizon, in May 2014, the Commission 394. Emerging Wireline Networks and 219; 47 U.S.C. 220 released a Notice of Proposed Services; GN Docket No. 13–5, WC Abstract: The Commission initiates a Rulemaking (2014 Open Internet NPRM) Docket No. 05–25 rulemaking proceeding to review the that sought comment on a fundamental Legal Authority: 47 U.S.C. 214; 47 Uniform System of Accounts (USOA) to question: What is the right public policy U.S.C. 251; . . . consider ways to minimize the to ensure that the Internet remains Abstract: This proceeding seeks to compliance burdens on incumbent local open? After careful review of the record strengthen public safety, pro-consumer exchange carriers while ensuring that generated by the 2014 Open Internet and pro-competition policies and the agency retains access to the NPRM, the Commission issued a protections in a manner appropriate for information it needs to fulfill its combined Report and Order on Remand, technology transitions that are regulatory duties. In light of the Declaratory Ruling, and Order in this underway and for networks and services Commission’s actions in areas of price proceeding. The Report and Order that emerge from those transitions. The cap regulation, universal service reform, established bright-line rules banning Notice of Proposed Rulemaking and intercarrier compensation reform, three specific practices that invariably proposed new rules to ensure reliable the Commission stated that it is likely harm the open Internet: Blocking, backup power for consumers of IP-based appropriate to streamline the existing Throttling, and Paid Prioritization, and voice and data services across networks rules even though those reforms may applied those rules to both fixed and that provide residential fixed service not have eliminated the need for mobile broadband Internet access that substitutes for and improves upon accounting data for some purposes. service. In addition, the Report and the kind of traditional telephony used The Commission’s analysis and Order put in place a general conduct by people to dial 911. It also proposed proposals are divided into three parts. standard to prevent a broadband service new and revised rules to protect First, the Commission proposes to provider from unreasonably interfering consumers by ensuring they are streamline the USOA accounting rules with or disadvantaging the ability of end informed about their choices and the while preserving their existing users to access content, applications, services provided to them when carriers structure. Second, the Commission services or devices offered by edge retire legacy facilities (e.g., copper seeks more focused comment on the providers. The Report and Order also networks) and seek to discontinue
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legacy services (e.g., basic voice Action Date FR Cite to remove telegraph from: (1) Section service). Finally, it proposed revised 36.126 (separations); (2) section rules to protect competition where it NPRM Reply 03/09/15 54.706(a)(13) (universal service exists today, so that the mere change of Comment Pe- contributions); and (3) sections 63.60(c), a network facility or discontinuance of riod End. 63.61, 63.62, 63.65(a)(4), 63.500(g), a legacy service does not deprive small- R&O ...... 09/25/15 80 FR 57768 63.501(g), and 63.504(k) Next Action Unde- and medium-size business, schools, termined. (discontinuance). libraries, and other enterprises of the Timetable: ability to choose the kinds of innovative Regulatory Flexibility Analysis Action Date FR Cite services that best suit their needs. Required: Yes. The Report and Order, Order on Agency Contact: Michele Levy NPRM ...... 05/06/15 80 FR 25989 Reconsideration and Further Notice of Berlove, Attorney Advisor, Federal Proposed Rulemaking: (i) Adopted rules Next Action Unde- Communications Commission, 445 12th termined. updating the process by which Street SW., Washington, DC 20554, incumbent LECs notify interconnecting Phone: 202 418–1477, email: Regulatory Flexibility Analysis entities of planned copper retirements; [email protected]. Required: Yes. (ii) clarified that a carrier must obtain RIN: 3060–AK32 Agency Contact: Daniel Kahn, Deputy Commission approval before Division Chief, Competition Policy, 395. Modernizing Common Carrier discontinuing, reducing, or impairing a Federal Communications Commission, Rules, WC Docket No. 15–33 service used as a wholesale input, but 445 12th Street SW., Washington, DC only when the carrier’s actions will Legal Authority: 47 U.S.C. 151; 47 20554, Phone: 202 418–1407, Email: discontinue, reduce, or impair service to U.S.C. 152(a); 47 U.S.C. 154(j); 47 U.S.C. [email protected]. end users, including a carrier- 154(i); 47 U.S.C. 160 to 161; 47 U.S.C. RIN: 3060–AK33 customer’s retail end users; (iii) adopted 201 to 205; 47 U.S.C. 214; 47 U.S.C. 218 an interim rule requiring that to receive to 221; 47 U.S.C. 225 to 228; 47 U.S.C. 396. Numbering Policies for Modern authority to discontinue, reduce, or 254; 47 U.S.C. 303; 47 U.S.C. 308; 47 Communications, WC Docket No. 13–97 impair a legacy TDM-based service U.S.C. 403; 47 U.S.C. 410; 47 U.S.C. 571; Legal Authority: 47 U.S.C. 151; 47 special access service or commercial 47 U.S.C. 1302; 52 U.S.C. sec 30141 U.S.C. 153; 47 U.S.C. 154; 47 U.S.C. wholesale platform service that is used Abstract: The Notice of Proposed 201–205; 47 U.S.C. 251; 47 U.S.C. 303(r) as a wholesale input by competitive Rulemaking (Notice) seeks to update our Abstract: This Order establishes a providers, an incumbent LEC must as a rules to better reflect current process to authorize interconnected condition to obtaining discontinuance requirements and technology by VoIP providers to obtain North authority commit to providing removing outmoded regulations from American Numbering Plan (NANP) competitive carriers wholesale access on the Code of Federal Regulations (CFR). telephone numbers directly from the reasonably comparable rates, terms, and The Notice proposes to update the CFR Numbering Administrators, rather than conditions; (iv) proposed specific by (1) eliminating certain rules from through intermediaries. Section criteria for the Commission to consider which the Commission has forborn, and 52.15(g)(2)(i) of the Commission’s rules in determining whether to authorize (2) eliminating references to telegraph limits access to telephone numbers to carriers to discontinue a legacy retail service in certain rules. We propose to entities that demonstrate they are service in favor of a retail service based eliminate several rules from which the authorized to provide service in the area on a newer technology; (v) sought Commission has granted unconditional for which the numbers are being comment on updating the rules forbearance for all carriers. These are: requested. The Commission has governing the discontinuance process, (1) Section 64.804(c)–(g), which governs interpreted this rule as requiring including regarding the timing of notice a carrier’s recordkeeping and other evidence of either a state certificate of to consumers, the method for providing obligations when it extends to federal public convenience and necessity that notice, and providing notice to candidates unsecured credit for (CPCN) or a Commission license. Tribal governments; (vi) sought communications service; (2) sections Neither authorization is typically comment on extending the end point of 42.4, 42.5, and 42.7, which require available in practice to interconnected the interim rule adopted in the Report carriers to preserve certain records; (3) VoIP providers. Thus, as a practical and Order as it applies to the section 64.301, which requires carriers matter, generally only commercial wholesale platform service; to provide communications service to telecommunications carriers are able to and (vii) sought comment on whether to foreign governments for international provide the proof of authorization adopt objective criteria to measure an communications; (4) section 64.501, required under our rules, and thus able ILEC’s good faith in responding to governing telephone companies’ to obtain numbers directly from the competitive LEC requests for additional obligations when recording telephone Numbering Administrators. This Order information in connection with a copper conversations; (5) section 64.5001(a)– establishes an authorization process to retirement notice and whether a (c)(2), and (c)(4), which imposes certain enable interconnected VoIP providers planned copper retirement should be reporting and certification requirements that choose direct access to request postponed when an ILEC has failed to for prepaid calling card providers; and numbers directly from the Numbering fulfill the new good faith (6) section 64.1, governing traffic Administrators. Next, the Order sets communication requirement adopted in damage claims for carriers engaged in forth several conditions designed to the Report and Order. radio-telegraph, wire-telegraph, or minimize number exhaust and preserve Timetable: ocean-cable service. We also propose to the integrity of the numbering system. remove references to telegraph from The Order requires interconnected Action Date FR Cite certain sections of the Commission’s VoIP providers obtaining numbers to NPRM ...... 01/06/15 80 FR 450 rules. This proposal is consistent with comply with the same requirements NPRM Comment 02/05/15 Recommendation 5.38 of the Process applicable to carriers seeking to obtain Period End. Reform Report. Specifically, we propose numbers. These requirements include
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any state requirements pursuant to commissions at least 30 days prior to Action Date FR Cite numbering authority delegated to the requesting numbers from the Numbering states by the Commission, as well as Administrators, and (4) provide R&O ...... 10/29/15 80 FR 66454 industry guidelines and practices, customers with the opportunity to Next Action Unde- among others. The Order also requires access all abbreviated dialing codes termined. interconnected VoIP providers to (N11 numbers) in use in a geographic comply with facilities readiness area. Regulatory Flexibility Analysis requirements adapted to this context, Finally, the Order also modifies Required: Yes. and with numbering utilization and Commission’s rules in order to permit Agency Contact: Marilyn Jones, optimization requirements. As VoIP Positioning Center (VPC) providers conditions to requesting and obtaining Attorney, Federal Communications to obtain pseudo-Automatic Number Commission, Wireline Competition numbers directly from the Numbering Identification (p–ANI) codes directly Administrators, interconnected VoIP Bureau, 445 12th Street SW., from the Numbering Administrators for Washington, DC 20554, Phone: 202 418– providers are also required to: (1) purposes of providing E911 services. Provide the relevant state commissions 2357, fax: 202 418–2345, email: Timetable: with regulatory and numbering contacts [email protected]. when requesting numbers in those Action Date FR Cite RIN: 3060–AK36 states, (2) request numbers from the BILLING CODE 6712–01–P Numbering Administrators under their NPRM ...... 06/19/13 78 FR 36725 own unique OCN, (3) file any requests NPRM Comment 07/19/13 [FR Doc. 2016–12933 Filed 6–8–16; 8:45 am] for numbers with the relevant state Period End. BILLING CODE 6712–01–P
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Part XXVI
Federal Reserve System
Semiannual Regulatory Agenda
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FEDERAL RESERVE SYSTEM ADDRESSES: Comments should be by the Board in the Unified Agenda is addressed to Robert deV. Frierson, on a voluntary basis. 12 CFR Ch. II Secretary of the Board, Board of The Board’s agenda is divided into Governors of the Federal Reserve four sections. The first, Pre-rule Stage, Semiannual Regulatory Flexibility System, Washington, DC 20551. reports on matters the Board is Agenda considering for future rulemaking. The FOR FURTHER INFORMATION CONTACT: A second section, Proposed Rule Stage, AGENCY: Board of Governors of the staff contact for each item is indicated Federal Reserve System. reports on matters the Board may with the regulatory description below. consider for public comment during the ACTION: Semiannual regulatory agenda. SUPPLEMENTARY INFORMATION: The Board next 6 months. The third section, Final SUMMARY: The Board is issuing this is publishing its spring 2016 agenda as Rule Stage, reports on matters that have agenda under the Regulatory Flexibility part of the Spring 2016 Unified Agenda been proposed and are under Board Act and the Board’s Statement of Policy of Federal Regulatory and Deregulatory consideration. And a fourth section, Regarding Expanded Rulemaking Actions, which is coordinated by the Completed Actions, reports on Procedures. The Board anticipates Office of Management and Budget under regulatory matters the Board has having under consideration regulatory Executive Order 12866. The agenda also completed or is not expected to consider matters as indicated below during the identifies rules the Board has selected further. A dot (•) preceding an entry indicates period May 1, 2016 through October 31, for review under section 610(c) of the a new matter that was not a part of the 2016. The next agenda will be published Regulatory Flexibility Act, and public Board’s previous agenda and which the in fall 2016. comment is invited on those entries. Board has not completed. DATES: Comments about the form or The complete Unified Agenda will be content of the agenda may be submitted available to the public at the following Margaret McCloskey Shanks, any time during the next 6 months. Web site: www.reginfo.gov. Participation Deputy Secretary of the Board.
FEDERAL RESERVE SYSTEM—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
403 ...... Regulation CC—Availability of Funds and Collection of Checks (Docket No.: R–1409) ...... 7100–AD68 404 ...... Regulation LL—Savings and Loan Holding Companies and Regulation MM—Mutual Holding Companies 7100–AD80 (Docket No.: R–1429).
FEDERAL RESERVE SYSTEM (FRS) collection system, such as decreasing 404. Regulation LL—Savings and Loan the time afforded to a paying bank to Holding Companies and Regulation Proposed Rule Stage decide whether to pay a check in order MM—Mutual Holding Companies 403. Regulation CC—Availability of to reduce the risk to a depositary bank (Docket No.: R–1429) Funds and Collection of Checks (Docket of needing to make funds available for Legal Authority: 5 U.S.C. 552; 5 U.S.C. No.: R–1409) withdrawal before learning whether a 559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5 Legal Authority: 12 U.S.C. 4001 to deposited check has been returned U.S.C. 1828 4010; 12 U.S.C. 5001 to 5018 unpaid. Abstract: The Dodd-Frank Act Wall Abstract: The Board of Governors of Timetable: Street Reform and Consumer Protection the Federal Reserve System (the Board) Act (the Act) transferred responsibility proposed amendments to Regulation CC Action Date FR Cite for supervision of Savings and Loan to facilitate the banking industry’s Holding Companies (SLHCs) and their ongoing transition to fully electronic Board Requested 03/25/11 76 FR 16862 non-depository subsidiaries from the interbank check collection and return, Comment. Office of Thrift Supervision (OTS) to the including proposed amendments to Board Requested 02/04/14 79 FR 6673 Board of Governors of the Federal subpart C to condition a depositary Comment on Reserve System (the Board), on July 21, bank’s right of expeditious return on the Revised Pro- 2011. The Act also transferred depositary bank agreeing to accept posal. supervisory functions related to Federal returned checks electronically, either Board Expects 09/00/16 savings associations and State savings Further Action directly or indirectly, from the paying on Subpart C. associations to the Office of the bank. The Board also proposed Board Expects 12/00/16 Comptroller of the Currency (OCC) and amendments to subpart B, the funds Further Action the Federal Deposit Insurance availability schedule provisions to on Subpart B. Corporation (FDIC), respectively. The reflect the fact that there are no longer Board on August 12, 2011, approved an any non-local checks. The Board interim final rule for SLHCs, including Regulatory Flexibility Analysis proposed to revise the model forms in a request for public comment. The appendix C that banks may use in Required: Yes. interim final rule transferred from the disclosing their funds availability Agency Contact: Clinton Chen, OTS to the Board the regulations policies to their customers and to Attorney, Federal Reserve System, Legal necessary for the Board to supervise update the preemption determinations Division, Washington, DC 20551, Phone: SLHCs, with certain technical and in appendix F. Finally, the Board 202 452–3952. substantive modifications. The interim requested comment on whether it RIN: 7100–AD68 final rule has three components: (1) should consider future changes to the New Regulation LL (part 238), which regulation to improve the check sets forth regulations generally
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governing SLHCs; (2) new Regulation SLHCs in mutual form (MHCs) and their include revisions to parts 215 (Insider MM (part 239), which sets forth subsidiary holding companies into a Transactions) and part 223 regulations governing SLHCs in mutual single part of the Board’s regulations. In (Transactions with Affiliates) of Board form; and (3) technical amendments to many instances, interim final Regulation regulations. existing Board regulations necessary to MM incorporated OTS regulations with Timetable: accommodate the transfer of supervisory only technical modifications to account authority for SLHCs from the OTS to the for the shift in supervisory Action Date FR Cite Board. The structure of interim final responsibility from the OTS to the Regulation LL closely follows that of the Board. Interim final Regulation MM also Board Requested 09/13/11 76 FR 56508 Board’s Regulation Y, which governs reflects statutory changes made by the Comment. bank holding companies, in order to Dodd-Frank Act with respect to MHCs. Board Expects 06/00/16 provide an overall structure to rules that The interim final rule also made Further Action. were previously found in disparate technical amendments to Board rules to locations. In many instances, interim facilitate supervision of SLHCs, Regulatory Flexibility Analysis final Regulation LL incorporated OTS including to rules implementing Required: Yes. regulations with only technical Community Reinvestment Act Agency Contact: C. Tate Wilson, modifications to account for the shift in requirements and to Board procedural Counsel, Federal Reserve System, Legal supervisory responsibility from the OTS and administrative rules. In addition, Division, Washington, DC 20551, Phone: to the Board. Interim final Regulation LL the Board made technical amendments 202 452–3696. also reflects statutory changes made by to implement section 312(b)(2)(A) of the Claudia Von Pervieux, Counsel, the Dodd-Frank Act with respect to Act, which transfers to the Board all Federal Reserve System, Legal Division, SLHCs, and incorporates Board rulemaking authority under section 11 Washington, DC 20551, Phone: 202 452– precedent and practices with respect to of the Home Owner’s Loan Act relating 2552. applications processing procedures and to transactions with affiliates and control issues, among other matters. extensions of credit to executive RIN: 7100–AD80 Interim final Regulation MM organized officers, directors, and principal [FR Doc. 2016–12934 Filed 6–8–16; 8:45 am] existing OTS regulations governing shareholders. These amendments BILLING CODE 6210–01–P
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Part XXVII
Nuclear Regulatory Commission
Semiannual Regulatory Agenda
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NUCLEAR REGULATORY see ‘‘Obtaining Information and you do not want to be publicly COMMISSION Submitting Comments’’ in the disclosed in your comment submission. SUPPLEMENTARY INFORMATION section of The NRC will post all comment 10 CFR Chapter I this document. submissions at http:// [NRC–2016–0044] FOR FURTHER INFORMATION CONTACT: www.regulations.gov as well as enter the Cindy Bladey, Office of Administration, comment submissions into the Unified Agenda of Federal Regulatory U.S. Nuclear Regulatory Commission, Agencywide Documents Access and and Deregulatory Actions Washington, DC 20555–0001, telephone: Management System (ADAMS). The 301–415–3280; email: Cindy.Bladey@ NRC does not routinely edit comment AGENCY: Nuclear Regulatory submissions to remove identifying or Commission. nrc.gov. Persons outside the Washington, DC metropolitan area may contact information. ACTION: Semiannual regulatory agenda. call, toll-free: 1–800–368–5642. For If you are requesting or aggregating comments from other persons for SUMMARY: The U.S. Nuclear Regulatory further information on the substantive submission to the NRC, then you should Commission (NRC) is publishing its content of any rulemaking activity listed inform those persons not to include semiannual regulatory agenda (the in the Agenda, contact the individual identifying or contact information that Agenda) in accordance with Public Law listed under the heading ‘‘Agency they do not want to be publicly 96–354, ‘‘The Regulatory Flexibility Contact’’ for that rulemaking activity. disclosed in their comment submission. Act,’’ and Executive Order 12866, SUPPLEMENTARY INFORMATION: Your request should state that the NRC ‘‘Regulatory Planning and Review.’’ The Obtaining Information and Submitting does not routinely edit comment Agenda is a compilation of all Comments submissions to remove such information rulemaking activities on which the NRC before making the comment has recently completed action or has A. Obtaining Information submissions available to the public or proposed or is considering action. The Please refer to Docket ID NRC–2016– entering the comment into ADAMS. NRC has completed 9 rulemaking 0044 when contacting the NRC about Introduction activities since publication of its last the availability of information for this Agenda on December 15, 2015 (80 FR document. You may obtain publically- The Agenda is a compilation of all 78108). This issuance of the NRC’s available information related to this rulemaking activities on which an Agenda contains 22 active and 27 long- document by any of the following agency has recently completed action or term rulemaking activities: 2 are methods: has proposed or is considering action. Economically Significant; 8 represent • Reginfo.gov: The Agenda reports rulemaking Other Significant agency priorities; 41 • For completed rulemaking activities activities in three major categories: are Substantive, Nonsignificant go to http://www.reginfo.gov/public/do/ completed, active, and long-term. rulemaking activities; and 1 is eAgendaHistory?showStage=completed Completed rulemaking activities are Administrative rulemaking activity. In and select Nuclear Regulatory those that were completed since addition, 3 rulemaking activities impact Commission from drop down menu. publication of an agency’s last Agenda; small entities. The NRC is requesting • For active rulemaking activities go active rulemaking activities are those comment on its rulemaking activities as to http://www.reginfo.gov/public/do/ that an agency currently plans to have identified in this Agenda. eAgendaMain and select Nuclear an Advance Notice of Proposed DATES: Submit comments on rulemaking Regulatory Commission from drop Rulemaking, a Proposed Rule, or a Final activities as identified in this Agenda by down menu. Rule issued within the next 12 months; July 11, 2016. • For long-term rulemaking activities and long-term rulemaking activities are ADDRESSES: Submit comments on any go to http://www.reginfo.gov/public/do/ rulemaking activities under rulemaking activity in the Agenda by eAgendaHistory?operation= development but for which an agency the date and methods specified in any OPERATION_GET_PUBLICATION does not expect to have a regulatory Federal Register notice on the &showStage=longterm& action within the 12 months after rulemaking activity. Comments received currentPubId=201410 and select publication of the current edition of the on rulemaking activities for which the Nuclear Regulatory Commission from Unified Agenda. comment period has closed will be drop down menu. A ‘‘Regulation Identifier Number’’ or considered if it is practical to do so, but • Federal Rulemaking Web site: Go to RIN is given to a rulemaking activity assurance of consideration cannot be http://www.regulations.gov and search when the NRC has published or plans given except as to comments received for Docket ID NRC–2016–0044. to publish a Federal Register notice. on or before the closure dates specified • NRC’s Public Web site: Go to http:// The Office of Management and Budget in the Federal Register notice. You may www.nrc.gov/reading-rm/doc- uses this number to track all relevant submit comments on this Agenda collections/rulemaking-ruleforum/ documents throughout the entire through the Federal Rulemaking Web unified-agenda.html and select spring ‘‘lifecycle’’ of a particular rulemaking site by going to http:// 2016. activity. The NRC reports all rulemaking www.regulations.gov and searching for • NRC’s Public Document Room: You activities in the Agenda that have been Docket ID NRC–2016–0044. Address may examine and purchase copies of assigned a RIN and meet the definition questions about NRC dockets to Carol public documents at the NRC’s PDR, for a completed, an active, or a long- Gallagher; telephone: 301–415–3463; Room O1–F21, One White Flint North, term rulemaking activity. email: [email protected]. For 11555 Rockville Pike, Rockville, The information contained in this technical questions on any rulemaking Maryland 20852. Agenda is updated to reflect any action activity listed in the Agenda, contact the that has occurred on a rulemaking individual listed under the heading B. Submitting Comments activity since publication of the last ‘‘Agency Contact’’ for that rulemaking Please include Docket ID NRC–2016– NRC Agenda on December 15, 2015 (80 activity. 0044 in your comment submission. FR 78108). Specifically, the information For additional direction on obtaining The NRC cautions you not to include in this Agenda has been updated information and submitting comments, identifying or contact information that through March 18, 2016.
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The date for the next scheduled action priorities.html. The CPR process impact on a substantial number of small under the heading ‘‘Timetable’’ is the considers four factors and assigns a entities. The NRC undertakes these date the next regulatory action for the score to each factor. Factor A includes reviews to decide whether the rules rulemaking activity is scheduled to be activities that support the NRC’s should be unchanged, amended, or published in the Federal Register. The Strategic Plan goals of ensuring the safe withdrawn. At this time, the NRC does date is considered tentative and is not and secure use of radioactive materials. not have any rules that have a binding on the Commission or its staff. Factor B includes activities that support significant economic impact on a The Agenda is intended to provide the the Strategic Plan cross-cutting substantial number of small entities; public early notice and opportunity to strategies of Regulatory Effectiveness therefore, the NRC has not included any participate in the NRC rulemaking and Openness. Specifically, this factor RFA Section 610 periodic reviews in process. However, the NRC may considers whether the rulemaking this edition of the Agenda. A complete consider or act on any rulemaking activity enhances regulatory listing of NRC regulations that impact activity even though it is not included effectiveness and/or openness in the small entities and related Small Entity in the Agenda. way that the NRC conducts regulatory Compliance Guides will be available activities. Factor C is a governmental from the NRC’s Web site at http:// Common Prioritization of Rulemaking factor representing interest to the NRC, www.nrc.gov/about-nrc/regulatory/ A key part of the NRC’s regulatory Congress, or other governmental bodies. rulemaking/flexibility-act/small- program is an annual review of all Factor D is an external factor entities.html. ongoing and potential rulemaking representing interest to members of the Public Comments Received on the activities. In conjunction with its budget public, non-governmental organizations, NRC’s Unified Agenda and long-term planning process, the the nuclear industry, vendors, and The NRC did not receive any public NRC compiles a Common Prioritization suppliers. The overall priority is comments on its last Agenda that of Rulemaking (CPR) listing to develop determined by adding the factor scores published on December 15, 2015 (80 FR program budget estimates and to together for each rulemaking activity. 78108). determine the relative priority of NRC Section 610 Periodic Reviews Under the rulemaking activities. The most current Regulatory Flexibility Act Dated at Rockville, Maryland, this 18th day listing of each rulemaking activity for of March 2016. the Fiscal Year 2017/2018 planning Section 610 of the Regulatory For the Nuclear Regulatory Commission. period is available on the NRC’s Flexibility Act (RFA) requires agencies Leslie Terry, Rulemaking Priorities Web page at to conduct a review within 10 years of Acting Chief, Rules, Announcements, and http://www.nrc.gov/reading-rm/doc- promulgation of those regulations that Directives Branch, Division of Administrative collections/rulemaking-ruleforum/rule- have or will have a significant economic Services, Office of Administration.
NUCLEAR REGULATORY COMMISSION—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
405 ...... Variable Annual Fee Structure for Small Modular Power Reactors [NRC–2008–0664] ...... 3150–AI54 406 ...... Revision of Fee Schedules: Fee Recovery for FY 2016 [NRC–2015–0223] ...... 3150–AJ66
NUCLEAR REGULATORY COMMISSION—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
407 ...... Controlling the Disposition of Solid Materials [NRC–1999–0002] ...... 3150–AH18
NUCLEAR REGULATORY Action Date FR Cite 406. Revision of Fee Schedules: Fee COMMISSION (NRC) Recovery for FY 2016 [NRC–2015–0223] ANPRM ...... 03/25/09 74 FR 12735 Legal Authority: 31 U.S.C. 483; 42 Final Rule Stage ANPRM Comment 06/08/09 Period End. U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 405. Variable Annual Fee Structure for NPRM ...... 11/04/15 80 FR 68268 5841 Small Modular Power Reactors [NRC– NPRM Comment 12/04/15 Abstract: This rule would amend the 2008–0664] Period End. Nuclear Regulatory Commission Final Rule ...... 06/00/16 licensing, inspection, special project, Legal Authority: 42 U.S.C. 2201; 42 and annual fees charged to its U.S.C. 5841 Regulatory Flexibility Analysis applicants and licensees and, for the Abstract: This rule would amend the Required: Yes. first time, the NRC is proposing to Nuclear Regulatory Commission’s recover its costs when it responds to regulations governing annual fees to Agency Contact: Michele D. Kaplan, third-party demands for information in Nuclear Regulatory Commission, Office establish a variable annual fee structure litigation where the United States is not of the Chief Financial Officer, for power reactors based on licensed a party (‘‘Touhy requests’’). These Washington, DC 20555–0001, Phone: power limits. proposed amendments are necessary to 301 415–5256, Email: michele.kaplan@ implement the Omnibus Budget Timetable: nrc.gov. Reconciliation Act of 1990 as amended RIN: 3150–AI54 (OBRA–90), which requires the NRC to
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recover approximately 90 percent of its NUCLEAR REGULATORY Agency is currently faced with several annual budget through fees. COMMISSION (NRC) high priority and complex tasks, that the current approach to review specific Timetable: Long-Term Actions cases on an individual basis is fully Action Date FR Cite 407. Controlling the Disposition of Solid protective of public health and safety, Materials [NRC–1999–0002] and that the immediate need for this NPRM ...... 03/23/16 81 FR 15457 Legal Authority: 42 U.S.C. 2201; 42 rule has changed due to the shift in NPRM Comment 04/22/16 U.S.C. 5841 timing for reactor decommissioning. Period End. Abstract: This rule would add The Commission has deferred action on Final Rule Pub- 06/00/16 radiological criteria for controlling the this rulemaking. lished. disposition of solid materials that have Timetable: no, or very small amounts of, residual Regulatory Flexibility Analysis radioactivity resulting from licensed Action Date FR Cite operations, and which originate in Required: Yes. ANPRM ...... To Be Determined Agency Contact: Michele D. Kaplan, restricted or impacted areas of NRC- licensed facilities. The NRC staff Nuclear Regulatory Commission, Office Regulatory Flexibility Analysis provided a draft proposed rule package of the Chief Financial Officer, on Controlling the Disposition of Solid Required: Yes. Washington, DC 20555–0001, Phone: Materials to the Commission on March Agency Contact: Torre Taylor, 301 415–5256, Email: michele.kaplan@ 31, 2005, which the Commission Nuclear Regulatory Commission, Office nrc.gov. disapproved (ADAMS Accession No. of Nuclear Material Safety and RIN: 3150–AJ66 ML051520285). The rulemaking package Safeguards, Washington, DC 20555– included a summary of stakeholder 0001, Phone: 301 415–7900, Email: comments (NUREG/CR–6682), [email protected]. Supplement 1 (ADAMS Accession No. RIN: 3150–AH18 ML003754410). The Commission’s [FR Doc. 2016–12959 Filed 6–8–16; 8:45 am] decision was based on the fact that the BILLING CODE 7590–01–P
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Part XXVIII
Securities and Exchange Commission
Semiannual Regulatory Agenda
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SECURITIES AND EXCHANGE Electronic Comments U.S.C. 602(a)). The RFA specifically COMMISSION • Use the Commission’s Internet provides that publication of the agenda does not preclude an agency from 17 CFR Ch. II comment form (http://www.sec.gov/ rules/other.shtml); or considering or acting on any matter not [Release Nos. 33–10056, 34–77408, IA–4353, • Send an email to rule-comments@ included in the agenda and that an IC–32031, File No. S7–04–16] sec.gov. Please include File Number S7– agency is not required to consider or act 04–16 on the subject line; or on any matter that is included in the Regulatory Flexibility Agenda • Use the Federal eRulemaking Portal agenda (5 U.S.C. 602(d)). The Commission may consider or act on any AGENCY: Securities and Exchange (http://www.regulations.gov). Follow the instructions for submitting comments. matter earlier or later than the estimated Commission. date provided on the agenda. While the ACTION: Semiannual regulatory agenda. Paper Comments agenda reflects the current intent to complete a number of rulemakings in SUMMARY: The Securities and Exchange • Send paper comments to Brent J. the next year, the precise dates for each Commission is publishing the Chair’s Fields, Secretary, Securities and rulemaking at this point are uncertain. agenda of rulemaking actions pursuant Exchange Commission, 100 F Street NE., Actions that do not have an estimated to the Regulatory Flexibility Act (RFA) Washington, DC 20549–1090. date are placed in the long-term (Pub. L. 96–354, 94 Stat. 1164) (Sep. 19, All submissions should refer to File No. category; the Commission may 1980). The items listed in the Regulatory S7–04–16. This file number should be nevertheless act on items in that Flexibility Agenda for Spring 2016 included on the subject line if email is category within the next 12 months. The reflect only the priorities of the Chair of used. To help us process and review agenda includes new entries, entries the U.S. Securities and Exchange your comments more efficiently, please carried over from prior publications, Commission, and do not necessarily use only one method. The Commission and rulemaking actions that have been reflect the view and priorities of any will post all comments on the completed (or withdrawn) since individual Commissioner. Commission’s Internet Web site (http:// publication of the last agenda. Information in the agenda was www.sec.gov/rules/other.shtml). accurate on March 18, 2016, the date on Comments are also available for Web The following abbreviations for the which the Commission’s staff completed site viewing and printing in the acts administered by the Commission compilation of the data. To the extent Commission’s Public Reference Room, are used in the agenda: possible, rulemaking actions by the 100 F Street NE., Washington, DC ‘‘Securities Act’’—Securities Act of 1933 Commission since that date have been 20549, on official business days ‘‘Exchange Act’’—Securities Exchange reflected in the agenda. The between the hours of 10:00 a.m. and Act of 1934 Commission invites questions and 3:00 p.m. All comments received will be ‘‘Investment Company Act’’— public comment on the agenda and on posted without change; we do not edit Investment Company Act of 1940 the individual agenda entries. personal identifying information from ‘‘Investment Advisers Act’’— The Commission is now printing in submissions. You should submit only Investment Advisers Act of 1940 the Federal Register, along with our information that you wish to make ‘‘Dodd Frank Act’’—Dodd-Frank Wall preamble, only those agenda entries for available publicly. Street Reform and Consumer which we have indicated that FOR FURTHER INFORMATION CONTACT: Protection Act preparation of an RFA analysis is Anne Sullivan, Office of the General ‘‘JOBS Act’’—Jumpstart Our Business required. Counsel, 202–551–5019. The Commission’s complete RFA Startups Act SUPPLEMENTARY INFORMATION: The RFA agenda will be available online at The Commission invites public requires each Federal agency, twice www.reginfo.gov. comment on the agenda and on the each year, to publish in the Federal individual agenda entries. DATES: Comments should be received on Register an agenda identifying rules that or before July 11, 2016. the agency expects to consider in the By the Commission. ADDRESSES: Comments may be next 12 months that are likely to have Dated: March 18, 2016. submitted by any of the following a significant economic impact on a Brent J. Fields, methods: substantial number of small entities (5 Secretary.
DIVISION OF CORPORATION FINANCE—PROPOSED RULE STAGE
Regulation Sequence No. Title Identifier No.
408 ...... 10–K Summary Page ...... 3235–AL89 409 ...... Revisions to Smaller Reporting Company Definition ...... 3235–AL90
DIVISION OF CORPORATION FINANCE—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
410 ...... Pay Versus Performance ...... 3235–AL00 411 ...... Amendments to Regulation D, Form D and Rule 156 Under the Securities Act ...... 3235–AL46 412 ...... Disclosure of Hedging by Employees, Officers and Directors ...... 3235–AL49 413 ...... Listing Standards for Recovery of Erroneously Awarded Compensation ...... 3235–AK99 414 ...... Changes to Exchange Act Registration Requirements to Implement Title V and Title VI of the JOBS Act .. 3235–AL40
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DIVISION OF CORPORATION FINANCE—COMPLETED ACTIONS
Regulation Sequence No. Title Identifier No.
415 ...... Crowdfunding ...... 3235–AL37
DIVISION OF INVESTMENT MANAGEMENT—FINAL RULE STAGE
Regulation Sequence No. Title Identifier No.
416 ...... Reporting of Proxy Votes on Executive Compensation and Other Matters ...... 3235–AK67 417 ...... Investment Company Reporting Modernization ...... 3235–AL42 418 ...... Use of Derivatives by Registered Investment Companies and Business Development Companies ...... 3235–AL60 419 ...... Open-End Liquidity Risk Management Programs; Swing Pricing ...... 3235–AL61 420 ...... Amendments to Form ADV and Investment Advisers Act Rules ...... 3235–AL75
DIVISION OF TRADING AND MARKETS—LONG-TERM ACTIONS
Regulation Sequence No. Title Identifier No.
421 ...... Removal of Certain References to Credit Ratings Under the Securities Exchange Act of 1934 ...... 3235–AL14
SECURITIES AND EXCHANGE Action Date FR Cite Agency Contact: Eduardo Aleman, COMMISSION (SEC) Division of Corporation Finance, NPRM ...... 04/00/17 Securities and Exchange Commission, Division of Corporation Finance 100 F Street NE., Washington, DC Proposed Rule Stage Regulatory Flexibility Analysis 20549, Phone: 202 551–3430, Fax: 202 • Required: Yes. 772–9207. 408. 10–K Summary Page Agency Contact: Michael Seaman, RIN: 3235–AL00 Legal Authority: Pub. L. 114–94; 15 Division of Corporation Finance, 411. Amendments to Regulation D, U.S.C. 78c; 15 U.S.C. 78l; 15 U.S.C. Securities and Exchange Commission, Form D and Rule 156 Under the 78m; 15 U.S.C. 78o; 15 U.S.C. 78w; 15 100 F Street NE., Washington, DC Securities Act U.S.C. 78ll 20549, Phone: 202 551–3460. RIN: 3235–AL90 Legal Authority: 15 U.S.C. 77a et seq. Abstract: The Division is considering Abstract: The Commission proposed recommending that the Commission rule and form amendments to enhance propose rules to implement section the Commission’s ability to evaluate the 72001 of the FAST Act by permitting SECURITIES AND EXCHANGE development of market practices in issuers to submit a summary page on COMMISSION (SEC) offerings under Rule 506 of Regulation Form 10–K. Division of Corporation Finance D and address concerns that may arise Timetable: in connection with permitting issuers to Final Rule Stage engage in general solicitation and Action Date FR Cite general advertising under new 410. Pay Versus Performance paragraph (c) of Rule 506. NPRM ...... 04/00/17 Legal Authority: Pub. L. 111–203, sec Timetable: 955; 15 U.S.C. 78n Regulatory Flexibility Analysis Abstract: The Commission proposed Action Date FR Cite Required: Yes. rules to implement section 953(a) of the Agency Contact: Sean Harrison, Dodd Frank Act, which added section NPRM ...... 07/24/13 78 FR 44806 Division of Corporation Finance, NPRM Comment 09/23/13 14(i) to the Exchange Act to require Period End. Securities and Exchange Commission, issuers to disclose information that NPRM Comment 10/03/13 78 FR 61222 100 F Street NE., Washington, DC shows the relationship between Period Re- 20549, Phone: 202 551–3430, Fax: 202 executive compensation actually paid opened. 772–9207. and the financial performance of the NPRM Comment 11/04/13 RIN: 3235–AL89 issuer. Period Re- Timetable: opened End. 409. • Revisions to Smaller Reporting Final Action ...... 04/00/17 Company Definition Action Date FR Cite Regulatory Flexibility Analysis Legal Authority: Not Yet Determined NPRM ...... 05/07/15 80 FR 26330 Required: Yes. Abstract: The Division is considering NPRM Comment 07/06/15 Agency Contact: Mark Vilardo, recommending that the Commission Period End. Division of Corporation Finance, propose revisions to the smaller Final Action ...... 04/00/17 Securities and Exchange Commission, reporting company definitions and 100 F Street NE., Washington, DC related provisions. Regulatory Flexibility Analysis 20549, Phone: 202 551–3500. Timetable: Required: Yes. RIN: 3235–AL46
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412. Disclosure of Hedging by 414. Changes to Exchange Act SECURITIES AND EXCHANGE Employees, Officers and Directors Registration Requirements To COMMISSION (SEC) Implement Title V and Title VI of the Legal Authority: Pub. L. 111–203 Division of Investment Management Jobs Act Abstract: The Commission proposed Final Rule Stage rules to implement section 955 of the Legal Authority: Pub. L. 112–106 Dodd Frank Act, which added section Abstract: The Commission proposed 416. Reporting of Proxy Votes on 14(j) to the Exchange Act to require amendments to rules to implement titles Executive Compensation and Other annual meeting proxy statement V (Private Company Flexibility and Matters disclosure of whether employees or Growth) and VI (Capital Expansion) of Legal Authority: 15 U.S.C. 78m; 15 members of the board of directors are the JOBS Act. U.S.C. 78w(a); 15 U.S.C. 78mm; 15 permitted to engage in transactions to Timetable: U.S.C. 78x; 15 U.S.C. 80a–8; 15 U.S.C. hedge or offset any decrease in the 80a–29; 15 U.S.C. 80a–30; 15 U.S.C. market value of equity securities granted Action Date FR Cite 80a–37; 15 U.S.C. 80a–44; Pub. L. 111– to the employee or board member as NPRM ...... 12/30/14 79 FR 78343 203, sec 951 compensation, or held directly or NPRM Comment 03/03/15 Abstract: The Commission proposed indirectly by the employee or board Period End. rule amendments to implement section member. Final Action ...... 04/00/17 951 of the Dodd Frank Act. The Timetable: proposed amendments to rules and Regulatory Flexibility Analysis Form N–PX would require institutional Action Date FR Cite Required: Yes. investment managers subject to section Agency Contact: Steven G. Hearne, 13(f) of the Exchange Act to report how NPRM ...... 02/17/15 80 FR 8486 Division of Corporation Finance, they voted on any shareholder vote on NPRM Comment 04/20/15 Securities and Exchange Commission, executive compensation or golden Period End. parachutes pursuant to sections 14A(a) Final Action ...... 04/00/17 100 F Street NE., Washington, DC 20549, Phone: 202 551–3430. and (b) of the Exchange Act. RIN: 3235–AL40 Timetable: Regulatory Flexibility Analysis Required: Yes. Action Date FR Cite Agency Contact: Carolyn Sherman, Division of Corporation Finance, SECURITIES AND EXCHANGE NPRM ...... 10/28/10 75 FR 66622 Securities and Exchange Commission, COMMISSION (SEC) NPRM Comment 11/18/10 Period End. 100 F Street NE., Washington, DC Division of Corporation Finance Final Action ...... 04/00/17 20549, Phone: 202 551–3500. RIN: 3235–AL49 Completed Actions Regulatory Flexibility Analysis 413. Listing Standards for Recovery of 415. Crowdfunding Required: Yes. Erroneously Awarded Compensation Agency Contact: Matthew Legal Authority: 15 U.S.C. 77a et seq.; DeLesDernier, Division of Investment Legal Authority: Pub. L. 111–203, sec 15 U.S.C. 78a et seq.; Pub. L. 112–108, Management, Securities and Exchange 954; 15 U.S.C. 78j–4 secs 301 to 305 Commission, 100 F Street NE., Abstract: The Commission proposed Abstract: The Commission adopted Washington, DC 20549, Phone: 202 551– rules to implement section 954 of the rules to implement title III of the JOBS 6792, Email: [email protected]. Dodd Frank Act, which requires the Act by prescribing rules governing the RIN: 3235–AK67 Commission to adopt rules to direct offer and sale of securities through crowdfunding under new section 4(a)(6) 417. Investment Company Reporting national securities exchanges to prohibit Modernization the listing of securities of issuers that of the Securities Act. have not developed and implemented a Timetable: Legal Authority: 15 U.S.C. 77 et seq.; policy providing for disclosure of the 15 U.S.C. 77aaa et seq.; 15 U.S.C. 78a et Action Date FR Cite issuer’s policy on incentive-based seq.; 15 U.S.C. 80a et seq.; 44 U.S.C. compensation and mandating the 3506; 44 U.S.C. 3507 NPRM ...... 11/05/13 78 FR 66428 Abstract: The Commission proposed clawback of such compensation in NPRM Comment 02/03/14 certain circumstances. Period End. new rules and forms as well as amendments to its rules and forms to Timetable: Final Action ...... 11/16/15 80 FR 71388 Final Action Effec- 05/16/16 modernize the reporting and disclosure Action Date FR Cite tive. of information by registered investment companies. NPRM ...... 07/14/15 80 FR 41144 Regulatory Flexibility Analysis Timetable: NPRM Comment 09/14/15 Required: Yes. Period End. Agency Contact: Timothy White, Action Date FR Cite Final Action ...... 04/00/17 Division of Trading and Markets, NPRM ...... 06/12/15 80 FR 33590 Securities and Exchange Commission, NPRM Comment 08/11/15 Regulatory Flexibility Analysis 100 F Street NE., Washington, DC Period End. Required: Yes. 20549, Phone: 202 551–7232. NPRM Comment 10/12/15 80 FR 62274 Agency Contact: Anne M. Krauskopf, Sebastian Gomez Abero, Division of Period Re- Division of Corporation Finance, Corporation Finance, Securities and opened. Securities and Exchange Commission, Exchange Commission, 100 F Street NE., NPRM Comment 01/13/16 100 F Street NE., Washington, DC Washington, DC 20549, Phone: 202 551– Period Re- 20549, Phone: 202 551–3500. opened End. 3460. Final Action ...... 04/00/17 RIN: 3235–AK99 RIN: 3235–AL37
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Regulatory Flexibility Analysis funds to use ‘‘swing pricing’’ and form Securities and Exchange Commission, Required: Yes. amendments that enhance disclosure 100 F Street NE., Washington, DC Agency Contact: Sara Cortes, Division regarding fund liquidity and redemption 20549, Phone: 202 551–5192, Email: of Investment Management, Securities practices. [email protected]. and Exchange Commission, 100 F Street Timetable: RIN: 3235–AL75 NE., Washington, DC 20549, Phone: 202 551–6781, Email: [email protected]. Action Date FR Cite RIN: 3235–AL42 NPRM ...... 10/15/15 80 FR 62274 SECURITIES AND EXCHANGE 418. Use of Derivatives by Registered NPRM Comment 01/13/16 COMMISSION (SEC) Investment Companies and Business Period End. Development Companies Final Action ...... 04/00/17 Division of Trading and Markets Legal Authority: 15 U.S.C. 80a–c(c); Regulatory Flexibility Analysis Long-Term Actions 15 U.S.C. 80a–31(a); 15 U.S.C. 80a– Required: Yes. 421. Removal of Certain References to 12(a); 15 U.S.C. 80a–38(a); 15 U.S.C. Agency Contact: Sarah ten Siethoff, Credit Ratings Under the Securities 80a–8; 15 U.S.C. 80a–30; 15 U.S.C. 80– Division of Investment Management, Exchange Act of 1934 38 Securities and Exchange Commission, Abstract: The Commission proposed a 100 F Street NE., Washington, DC Legal Authority: Pub. L. 111–203, sec new rule designed to enhance the 20549, Phone: 202 551–6729, Email: 939A regulation of the use of derivatives by [email protected]. Abstract: Section 939A of the Dodd registered investment companies, RIN: 3235–AL61 Frank Act requires the Commission to including mutual funds, exchange- remove certain references to credit traded funds, closed-end funds and 420. Amendments to Form ADV and Investment Advisers Act Rules ratings from its regulations and to business development companies. The substitute such standards of proposed rule would regulate registered Legal Authority: 15 U.S.C. 77s(a); 15 creditworthiness as the Commission investment companies’ use of U.S.C. 77sss(a); 15 U.S.C. 78bb(e)(2); 15 determines to be appropriate. The derivatives and require enhanced risk U.S.C. 78w(a); 15 U.S.C. 80a–37(a); 15 Commission amended certain rules and management measures. U.S.C. 80b–3(c)(1) one form under the Exchange Act Timetable: Abstract: The Commission proposed applicable to broker-dealer financial amendments to Form ADV that are responsibility, and confirmation of Action Date FR Cite designed to provide additional transactions. The Commission has not information regarding advisers, NPRM ...... 12/28/15 80 FR 80884 yet finalized amendments to certain including information about their rules regarding the distribution of NPRM Comment 03/28/16 separately managed account business; Period End. securities. incorporate a method for private fund Final Action ...... 04/00/17 Timetable: adviser entities operating a single Regulatory Flexibility Analysis advisory business to register using a Action Date FR Cite Required: Yes. single Form ADV; and make clarifying, Agency Contact: Brian Johnson, technical and other amendments to NPRM ...... 05/06/11 76 FR 26550 Division of Investment Management, certain Form ADV items and NPRM Comment 07/05/11 Securities and Exchange Commission, instructions. The Commission also Period End. 100 F Street NE., Washington, DC proposed amendments to the Final Action ...... 01/08/14 79 FR 1522 Investment Advisers Act books and Final Action Effec- 07/07/14 20549, Phone: 202 551–6740, Email: tive. [email protected]. records rule and technical amendments RIN: 3235–AL60 to several Investment Advisers Act rules Next Action Unde- To Be Determined to remove transition provisions that are termined. 419. Open-End Liquidity Risk no longer necessary. Management Programs; Swing Pricing Timetable: Regulatory Flexibility Analysis Legal Authority: 15 U.S.C. 80a–37(a); Required: Yes. 15 U.S.C. 80a–22(c); 15 U.S.C. 80a– Action Date FR Cite Agency Contact: John Guidroz, 31(a); 15 U.S.C. 77a et seq.; 15 U.S.C. NPRM ...... 06/12/15 80 FR 33718 Division of Trading and Markets, 77aaa et seq.; 15 U.S.C. 78a et seq.; 15 NPRM Comment 08/11/15 Securities and Exchange Commission, U.S.C 80a et seq. Period End. 100 F Street NE., Washington, DC Abstract: The Commission proposed a Final Action ...... 04/00/17 20549, Phone: 202 551–6439, Email: new rule requiring open-end funds to [email protected]. adopt and implement liquidity Regulatory Flexibility Analysis management programs. The Required: Yes. RIN: 3235–AL14 Commission also proposed rule Agency Contact: Sarah Buescher, [FR Doc. 2016–12968 Filed 6–8–16; 8:45 am] amendments that permit open-end Division of Investment Management, BILLING CODE 8011–01–P
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Part XXIX
Surface Transportation Board
Semiannual Regulatory Agenda
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SURFACE TRANSPORTATION BOARD Among other things, the RFA requires whether to propose modifications that, semiannually, each agency shall through rulemaking. 49 CFR Ch. X publish in the Federal Register a The agenda represents the Board’s [STB Ex Parte No. 536 (Sub-No. 40)] regulatory flexibility agenda, which best estimate of rules that will be shall contain: considered over the next 12 months. Semiannual Regulatory Agenda (1) A brief description of the subject However, section 602(d) of the RFA, 5 area of any rule that the agency expects U.S.C. 602(d), provides: ‘‘Nothing in AGENCY: Surface Transportation Board. to propose or promulgate, which is [section 602] precludes an agency from ACTION: Semiannual regulatory agenda. likely to have a significant economic considering or acting on any matter not impact on a substantial number of small SUMMARY: The Surface Transportation included in a regulatory flexibility entities; agenda or requires an agency to consider Board (the Board), in accordance with (2) A summary of the nature of any the requirements of the Regulatory or act on any matter listed in such such rule under consideration for each agenda.’’ Flexibility Act (RFA), is publishing a subject area listed in the agenda semiannual agenda of: (1) Current and pursuant to paragraph (1), the objectives The Board is publishing its spring projected rulemakings; and (2) existing and legal basis for the issuance of the 2016 regulatory flexibility agenda as regulations being reviewed to determine rule, and an approximate schedule for part of the Unified Agenda of Federal whether to propose modifications completing action on any rule for which Regulatory and Deregulatory Actions through rulemaking. Listed below are the agency has issued a general notice (Unified Agenda). The Unified Agenda the regulatory actions to be developed of proposed rulemaking; and is coordinated by the Office of or reviewed during the next 12 months. (3) The name and telephone number Management and Budget (OMB), Following each rule identified is a brief of an agency official knowledgeable pursuant to Executive Order 12866 and description of the rule, including its about the items listed in paragraph (1). 13563. The Board is participating purpose and legal basis. Accordingly, a list of proceedings voluntarily in the program to assist FOR FURTHER INFORMATION CONTACT: A appears below containing information OMB. contact person is identified for each of about subject areas in which the Board Dated: March 18, 2016. the rules listed below. is currently conducting rulemaking By the Board, Chairman Elliott, Vice SUPPLEMENTARY INFORMATION: The proceedings or may institute such Chairman Miller, and Commissioner Regulatory Flexibility Act, 5 U.S.C. 601 proceedings in the near future. It also Begeman. et seq. (RFA), sets forth a number of contains information about existing Jeffrey Herzig, requirements for agency rulemaking. regulations being reviewed to determine Clearance Clerk.
SURFACE TRANSPORTATION BOARD—PRERULE STAGE
Regulation Sequence No. Title Identifier No.
422 ...... Review of Commodity, Boxcar, and TOFC/COFC Exemptions, Docket No. EP 704 ...... 2140–AB28
SURFACE TRANSPORTATION BOARD container-on-flatcar exemption under 49 Action Date FR Cite (STB) CFR part 1090. The Board encouraged interested parties to address the Prerule ...... 05/00/16 Prerule Stage effectiveness of the exemptions in the 422. • Review of Commodity, Boxcar, marketplace, whether the rationale Regulatory Flexibility Analysis and TOFC/COFC Exemptions, Docket behind any of these exemptions should Required: Yes. No. EP 704 be revisited, and whether the Agency Contact: Scott M. Legal Authority: 49 U.S.C. 10502; 49 exemptions should be subject to Zimmerman, Deputy Director, Office of U.S.C. 13301 periodic review. Comments and exhibits Proceedings, Surface Transportation Abstract: In this proceeding, the were received through February 24, Board, 395 E Street SW., Washington, Board requested public comment and 2011, and are under consideration by DC 20423–0001, Phone: 202 245–0386, held a public hearing in February 2011 the Board. Fax: 202 245–0464, Email: to explore the continued utility of, and Timetable: [email protected]. the issues surrounding, the commodity RIN: 2140–AB28 Action Date FR Cite exemptions under 49 CFR 1039.10 and [FR Doc. 2016–12970 Filed 6–8–16; 8:45 am] 1039.11, the boxcar exemption under 49 Notice of Public 10/27/10 75 FR 66187 BILLING CODE 4915–15–P CFR 1039.14, and the trailer-on-flatcar/ Hearing.
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Part XXX
The President
Memorandum of May 18, 2016—Delegation of Certain Functions and Authorities Under the North Korea Sanctions and Policy Enhancement Act of 2016 Presidential Determination No. 2016–06 of May 19, 2016—Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012 Presidential Determination No. 2016–07 of June 1, 2016—Suspension of Limitations Under the Jerusalem Embassy Act
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Federal Register Presidential Documents Vol. 81, No. 111
Thursday, June 9, 2016
Title 3— Memorandum of May 18, 2016
The President Delegation of Certain Functions and Authorities Under the North Korea Sanctions and Policy Enhancement Act of 2016
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Director of National Intelligence[, and] the Secretary of Commerce
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, functions and authorities vested in the President by section 103(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122, 22 U.S.C. 9201 note) (the ‘‘Act’’). I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 208(b), 208(c), 401(a), 401(b), and 402. These functions and authorities shall be executed in consultation with the Secretary of the Treasury when affecting actions undertaken by the Depart- ment of the Treasury pursuant to authorities delegated herein or pursuant to authorities conferred by the Act. I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 301 of the Act and direct the Secretary of State to develop, in coordination with other executive departments and agencies, as appropriate, the strategy described in section 202(c) of the Act. I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 104(a), 104(b), 104(d), 209(b), and 304(b) of the Act. I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by sections 102(a), 104(c), 104(e), and 208(d) of the Act. I hereby delegate to the Director of National Intelligence, in consultation with the Secretary of State, the functions and authorities vested in the President by section 205(a) of the Act. I hereby delegate the functions and authorities vested in the President by section 209(a) as follows: • The Secretary of the Treasury, in consultation with the Secretary of State and the Director of National Intelligence, shall have the responsibility for submitting the report described in subsection 209(a)(1) and for providing the information described in subsections 209(a)(2)(A) and (B). • The Director of National Intelligence, in consultation with the Secretary of the Treasury and the Secretary of State, shall have the responsibility for providing the description of significant activities described by subsection 209(a)(1) and the assessment described in subsection 209(a)(2)(C). • The Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, shall have the responsibility for providing the strategy described in subsection 209(a)(2)(D). I hereby delegate to the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence the functions and authorities vested in the President by section 404(a) of the
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Act as may be necessary to carry out the provisions of the Act, including the foregoing delegations. Any reference herein to provisions of any act related to the subject of this memorandum shall be deemed to include references to any hereafter- enacted provisions of law that are the same or substantially the same as such provisions. The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register.
THE WHITE HOUSE, Washington, May 18, 2016
[FR Doc. 2016–13851 Filed 6–8–16; 11:15 am] Billing code 4710–10–P
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Presidential Determination No. 2016–06 of May 19. 2016
Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012
Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Energy
By the authority vested in me as President by the Constitution and the laws of the United States, after carefully considering the report submitted to the Congress by the Energy Information Administration on February 9, 2016, and other relevant factors, including global economic conditions, in- creased oil production by certain countries, the level of spare capacity, and the availability of strategic reserves, I determine, pursuant to section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112–81, and consistent with my prior determinations, that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. However, consistent with U.S. commitments specified in the Joint Comprehensive Plan of Action (JCPOA), the United States is no longer pursuing efforts to reduce Iran’s sales of crude oil. The United States action to fulfill these commitments became effective upon reaching Implementation Day under the JCPOA, which occurred once the International Atomic Energy Agency verified that Iran had implemented key nuclear-related steps specified in the JCPOA to ensure that its nuclear program is and will remain exclusively peaceful. I will continue to monitor this situation closely.
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The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, May 19, 2016
[FR Doc. 2016–13863 Filed 6–8–16; 11:15 am] Billing code 4710–10–P
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Presidential Determination No. 2016–07 of June 1, 2016
Suspension of Limitations under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104–45) (the ‘‘Act’’), I hereby determine that it is necessary, in order to protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. You are authorized and directed to transmit this determination to the Con- gress, accompanied by a report in accordance with section 7(a) of the Act, and to publish this determination in the Federal Register. This suspension shall take effect after the transmission of this determination and report to the Congress.
THE WHITE HOUSE, Washington, June 1, 2016
[FR Doc. 2016–13866 Filed 6–8–16; 11:15 am] Billing code 4710–10–P
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Reader Aids Federal Register Vol. 81, No. 111 Thursday, June 9, 2016
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE
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. 12 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proposed Rules: Proclamations: 50...... 35124 The United States Government Manual 741–6000 9454...... 34859 249...... 35124 Other Services 9455...... 36127 329...... 35124 9456...... 36129 Electronic and on-line services (voice) 741–6020 9457...... 36131 14 CFR Privacy Act Compilation 741–6064 9458...... 36133 Public Laws Update Service (numbers, dates, etc.) 741–6043 9459...... 36135 Ch. I ...... 36144 39 ...... 34864, 34867, 34871, Administrative Orders: 34876, 35581, 36137, 36139, Memorandums: ELECTRONIC RESEARCH 36433, 36436, 36438, 36440, Memorandum of May 36443, 36447, 36449, 36452, World Wide Web 18, 2016 ...... 37479 37122, 37124 Memorandum of May 71 ...... 34879, 34880, 36140, Full text of the daily Federal Register, CFR and other publications 24, 2016 ...... 35579 36141, 37126, 37127 is located at: www.fdsys.gov. Presidential 1274...... 35583 Federal Register information and research tools, including Public Determinations: Inspection List, indexes, and Code of Federal Regulations are No. 2016-06 of May Proposed Rules: located at: www.ofr.gov. 19, 2016 ...... 37481 11...... 34919 No. 2016-07 of June 1, 29...... 35654 E-mail 2016 ...... 37483 39 ...... 34927, 34929, 35655, 35657, 36211, 36810, 36813, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 5 CFR 37166 an open e-mail service that provides subscribers with a digital 71...... 36214, 36815 form of the Federal Register Table of Contents. The digital form Proposed Rules: 382...... 34931 of the Federal Register Table of Contents includes HTML and 630...... 36186 404...... 34919 PDF links to the full text of each document. 2638...... 36193 405...... 34919 To join or leave, go to http://listserv.access.gpo.gov and select 420...... 34919 Online mailing list archives, FEDREGTOC-L, Join or leave the list 6 CFR 431...... 34919 (or change settings); then follow the instructions. 5...... 36433 435...... 34919 PENS (Public Law Electronic Notification Service) is an e-mail 437...... 34919 service that notifies subscribers of recently enacted laws. 7 CFR 460...... 34919 1738...... 37121 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 15 CFR and select Join or leave the list (or change settings); then follow 4279...... 35984 the instructions. 4287...... 35984 6...... 36454 Proposed Rules: 710...... 36458 FEDREGTOC-L and PENS are mailing lists only. We cannot 205...... 36810 734...... 35586 respond to specific inquiries. 210...... 36480 740...... 35586 Reference questions. Send questions and comments about the 215...... 36480 745...... 36458 Federal Register system to: [email protected] 220...... 36480 750...... 35586 772...... 35586 The Federal Register staff cannot interpret specific documents or 225...... 36480 774...... 36458 regulations. 226...... 36480 235...... 36480 1110...... 34882 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: longer appears in the Federal Register. This information can be 10 CFR 730...... 36481 found online at http://bookstore.gpo.gov/. 429...... 35242, 36992 747...... 36481 430...... 35242, 36992 748...... 36481 762...... 36481 FEDERAL REGISTER PAGES AND DATE, JUNE Proposed Rules: 73...... 34916 34859–35268...... 1 16 CFR 850...... 36704 35269–35578...... 2 1227...... 37128 35579–36136...... 3 11 CFR Proposed Rules: 36137–36432...... 6 4...... 34861 259...... 36216 36433–36786...... 7 100...... 34861 460...... 35661 36787–37120...... 8 104...... 34861 17 CFR 37121–37484...... 9 106...... 34861 109...... 34861 249...... 37132 110...... 34861 Proposed Rules: 113...... 34861 1...... 36484 114...... 34861 38...... 36484 9004...... 34861 40...... 36484 9034...... 34861 170...... 36484
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18 CFR Proposed Rules: 42 CFR 515...... 36423 420...... 35608 56...... 36818 403...... 35643 517...... 36422 57...... 36818, 36826 538...... 36425 Proposed Rules: 412...... 34908 70...... 36826 552 ...... 36422, 36423, 36425 401...... 35662 414...... 34909 72...... 36826 1849...... 36182 420...... 35662 495...... 34908 75...... 36826 Proposed Rules: 1852...... 36182 20 CFR 405...... 37175 Proposed Rules: 31 CFR 5...... 36245 404...... 37138 412...... 37175 Proposed Rules: 14...... 36245 416...... 37138 413...... 37175 1010...... 35665 485...... 37175 19...... 36245 21 CFR 22...... 36245 32 CFR 43 CFR 25...... 36245 14...... 37153 706...... 36463 10000...... 36180 28...... 36245 510...... 36787 43...... 36245 520...... 36787, 36790 33 CFR 45 CFR 47...... 36245 522...... 36787 49...... 36245 100 ...... 34895, 35617, 36154, 95...... 35450 556...... 36787 52...... 36245 36465, 36468, 37156 Ch. XIII...... 35450 558...... 36787, 36790 53...... 36245 573...... 35610 117 ...... 34895, 36166, 36470, 1321...... 35644 36798, 37156, 37178 1322...... 35644 202...... 36506 22 CFR 165 ...... 35619, 36154, 36167, 1323...... 35644 205...... 36506 212...... 36506 35...... 36791 36168, 36169, 36171, 36174, 1324...... 35644 36471, 36800, 37158 1325...... 35644 237...... 36506 103...... 36791 252...... 36506 120...... 35611 Proposed Rules: 1326...... 35644 123...... 35611 110...... 37168 1327...... 35644 124...... 35611 117...... 34932 1328...... 35644 49 CFR 125...... 35611 165 ...... 35671, 36243, 36488, 1331...... 35643 107...... 35484 126...... 35611 36490, 36492, 36494, 36831 1355...... 35450 171...... 35484 127...... 36791 Ch. II ...... 35186 1356...... 35450 172...... 35484 138...... 36791 1385...... 35644 173...... 35484 34 CFR 1386...... 35644 175...... 35484 26 CFR Proposed Rules: 1387...... 35644 176...... 35484 1388...... 35644 1...... 36793 Ch. 1 ...... 36833 177...... 35484 Proposed Rules: 46 CFR 178...... 35484 36 CFR 179...... 35484 1...... 36816 10...... 35648 1202...... 36801 180...... 35484 392...... 36474 28 CFR Proposed Rules: 47 CFR Proposed Rules: 242...... 36836 Proposed Rules: 1...... 36805 240...... 36858 16...... 36228 12...... 35274 571...... 36485 39 CFR 242...... 36858 64...... 36181 391...... 36858 20...... 35270 73...... 35652 29 CFR 300...... 34913 50 CFR 1601...... 35269 40 CFR Proposed Rules: Proposed Rules: 49...... 35944 1...... 35680 17...... 36388, 36762 4231...... 36229 51...... 35622 15...... 36501, 36858 216...... 36183 52 ...... 35271, 35622, 35634, 69...... 36030 300...... 36183 30 CFR 35636, 36176, 36179, 36803, 622...... 37164 203...... 36145 37160, 37162 48 CFR 660 ...... 35653, 36184, 36806 250...... 36145 60...... 35824 207...... 36473 679...... 34915, 36808 251...... 36145 70...... 35622 209...... 36473 Proposed Rules: 252...... 36145 71...... 35622 211...... 36473 17...... 35698 254...... 36145 180...... 34896, 34902 215...... 36473 18...... 36664 256...... 36145 271...... 35641 237...... 36473 100...... 36836 280...... 36145 Proposed Rules: 242...... 36473 226...... 35701, 36078 282...... 36145 52 ...... 34935, 34940, 35674, 245...... 36473 622...... 34944 290...... 36145 36496, 36842, 36848, 37170, 252...... 36473 635...... 36511 291...... 36145 37175 501...... 36423 648...... 36251 1241...... 37153 372...... 35275 511...... 36425 660...... 34947, 35290
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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 8, 2016 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.
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