Vol. 81 Tuesday, No. 60 March 29, 2016

Pages 17361–17600

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 60

Tuesday, March 29, 2016

Agriculture Department Defense Department See Animal and Plant Health Inspection Service See Army Department See Food and Nutrition Service See Engineers Corps See Forest Service NOTICES See Grain Inspection, Packers and Stockyards Agency Information Collection Activities; Proposals, Administration Submissions, and Approvals, 17449–17450 See National Agricultural Statistics Service Education Department Animal and Plant Health Inspection Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 17425–17426 Free Application for Federal Student Aid, 17452–17455 Meetings: Health Education Assistance Loan Program Regs, 17452 Modernizing the Regulatory System for Biotechnology Applications for New Awards: Products, 17426 Hispanic Serving Institutions Science, Technology, Engineering and Mathematics and Articulation Army Department Program; Correction, 17455 RULES Law Enforcement Reporting, 17385–17386 Engineers Corps NOTICES NOTICES Meetings: Environmental Impact Statements; Availability, etc.: Army Education Advisory Subcommittee, 17448–17449 Houston Ship Channel 45-Foot Expansion Channel Improvement Project, Harris and Chambers Counties, Centers for Medicare & Medicaid Services TX, 17450–17451 NOTICES Meetings: Agency Information Collection Activities; Proposals, Chief of Engineers Environmental Advisory Board, Submissions, and Approvals: 17451–17452 Emergency Clearance, 17460–17461 Environmental Protection Agency Coast Guard RULES RULES Air Quality State Implementation Plans; Approvals and Drawbridge Operations: Promulgations: Lake Washington Ship Canal, Seattle, WA, 17386–17387 California Air Plan Revisions, San Joaquin Valley Unified Safety Zones: Air Pollution Control District and South Coast Air Cooper River Bridge Run, Cooper River, and Town Creek Quality Management District, 17390–17392 Reaches, Charleston, SC, 17387–17389 Partial Exemption of Certain Chemical Substances from NOTICES Reporting Additional Chemical Data, 17392–17395 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 17469–17470 Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities, Commerce Department 17422 See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Pesticide Experimental Use Permit Applications, 17455– See National Telecommunications and Information 17456 Administration NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 17434–17435 Airworthiness Directives: Airbus Airplanes, 17365–17367, 17372–17374 Commodity Futures Trading Commission Airbus Defense and Space S.A. (Formerly Known as NOTICES Construcciones Aeronauticas, S.A.) Airplanes, Agency Information Collection Activities; Proposals, 17367–17369 Submissions, and Approvals: The Boeing Company Airplanes, 17369–17372 Futures Volume, Open Interest, Price, Deliveries, and Amendment of Class D and Class E Airspace: Purchases/Sales of Futures for Commodities or for Rochester, MN and St. Cloud, MN, 17375–17376 Derivatives Positions, 17447–17448 Amendment of Class E Airspace: Butte, MT, 17374–17375 Community Living Administration Deer Lodge, MT, 17377–17378 NOTICES Jackson, TN; Tri-Cities, TN, 17376–17377 Agency Information Collection Activities; Proposals, Redesignation and Expansion of Restricted Area: Submissions, and Approvals, 17461 Gainesville, MS, 17379–17384

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PROPOSED RULES Food and Nutrition Service Airworthiness Directives: PROPOSED RULES Fokker Services B.V. Airplanes, 17417–17420 Child Nutrition Program Integrity, 17564–17595 Honeywell International Inc. Turboprop Engines, 17412– NOTICES 17415 Agency Information Collection Activities; Proposals, The Boeing Company Airplanes, 17415–17417 Submissions, and Approvals, 17427 Amendment of Class E Airspace: Belleville, KS; Johnson, KS; Marysville, KS; Pittsburg, KS; Foreign Assets Control Office and Washington, KS, 17420–17421 RULES Highly Enriched Uranium Agreement Assets Control Federal Election Commission Regulations, 17384–17385 NOTICES Meetings; Sunshine Act, 17456 Forest Service NOTICES Federal Emergency Management Agency Meetings: RULES Shoshone Resource Advisory Committee, 17427–17428 Suspensions of Community Eligibility, 17395–17397 NOTICES General Services Administration Changes in Flood Hazard Determinations, 17471–17476 NOTICES Flood Hazard Determinations, 17477–17479 Government-wide Earth Day Hackathon, April 22, 2016, Major Disaster Declarations and Related Determinations: 17458–17460 New Jersey, 17471 Major Disaster Declarations: Geological Survey Missouri; Amendment No. 2, 17471 NOTICES Oklahoma; Amendment No. 1, 17476 Meetings: Meetings: Advisory Committee on Climate Change and Natural Technical Mapping Advisory Council, 17476–17477 Resource Science, 17491–17492 Federal Highway Administration Grain Inspection, Packers and Stockyards Administration NOTICES NOTICES Funding Opportunities: Designations: Advanced Transportation and Congestion Management Cedar Rapids, IA; Fremont, NE; Maryland; and West Technologies Deployment Program, 17536–17543 Lafayette, IN Areas, 17431–17432 Surface Transportation System Funding Alternatives Fargo, ND; Urbana, IL; Sandusky, MI; Davenport, IA; Program, 17543–17548 Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Federal Mine Safety and Health Review Commission Areas, 17428–17431 NOTICES Pocatello, ID; Evansville, IN; Salt Lake City, UT; and Meetings; Sunshine Act, 17456–17457 Columbia, SC Areas, 17432–17433 Meetings: Federal Motor Carrier Safety Administration Advisory Committee, 17432 NOTICES Hours of Service of Drivers: Health and Human Services Department Oregon Trucking Associations Exemption; FAST Act See Centers for Medicare & Medicaid Services Extension of Compliance Date, 17548–17549 See Community Living Administration See Food and Drug Administration Federal Reserve System See Health Resources and Services Administration NOTICES See National Institutes of Health Changes in Bank Control: NOTICES Acquisitions of Shares of a Bank or Bank Holding Privacy Act; Systems of Records, 17463–17467 Company, 17457 Formations of, Acquisitions by, and Mergers of Bank Health Resources and Services Administration Holding Companies, 17457–17458 PROPOSED RULES Proposals to Engage in or to Acquire Companies Engaged in Petitions for Rulemaking; Denials: Permissible Nonbanking Activities, 17457 National Vaccine Injury Compensation Program, 17423– 17424 Federal Transit Administration NOTICES Homeland Security Department Funding Opportunities: See Coast Guard Grants for Buses and Bus Facilities and Low or No See Federal Emergency Management Agency Emission Grant Programs, 17553–17561 Rides to Wellness Demonstration and Innovative Housing and Urban Development Department Coordinated Access and Mobility Grants, 17549– NOTICES 17553 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17487–17488 Food and Drug Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Pediatric Studies of Lorazepam; Establishment of Public Alternative Inspections; Housing Choice Voucher Docket, 17461–17463 Program, 17488–17489

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ConnectHome Use and Barriers Focus Groups, 17489 National Heart, Lung, and Blood Institute, 17467 Evaluation of the Jobs Plus Pilot Program, 17490–17491 National Institute of Biomedical Imaging and Public Housing Operating Fund Program; Operating Bioengineering, 17467–17468 Budget and Related Form, 17490 National Institute of Diabetes and Digestive and Kidney Tenant Protection Voucher Funding Awards for Fiscal Year Diseases, 17467 2015 for the Housing Choice Voucher Program, 17479– National Institute of General Medical Sciences, 17468– 17487 17469

Interior Department National Oceanic and Atmospheric Administration See Geological Survey RULES See Land Management Bureau Endangered and Threatened Wildlife and Plants: Tanzanian DPS of African Coelacanth (Latimeria International Trade Administration chalumnae); Listing as Threatened, 17398–17403 NOTICES Fisheries of the Exclusive Economic Zone Off of Alaska: Antidumping or Countervailing Duty Investigations, Orders, Observer Coverage Requirements for Small Catcher/ or Reviews: Processors in the Gulf of Alaska and Bering Sea and Certain Frozen Fish Fillets from the Socialist Republic of Aleutian Islands Groundfish Fisheries, 17403–17411 Vietnam, 17435–17438 NOTICES Justice Department Environmental Impact Statements; Availability, etc.: Deepwater Horizon Oil Spill Record of Decision; Final NOTICES Agency Information Collection Activities; Proposals, Programmatic Damage Assessment and Restoration Submissions, and Approvals: Plan, 17438–17439 National Census of Victim Service Providers, 17495– Takes of Marine Mammals Incidental to Specified 17496 Activities: Proposed Consent Decrees, 17496 Coupeville Timber Towers Preservation Project, 17439– 17446 Labor Department See Labor Statistics Bureau National Science Foundation See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Labor Statistics Bureau Submissions, and Approvals, 17499–17500 NOTICES Agency Information Collection Activities; Proposals, National Telecommunications and Information Submissions, and Approvals, 17496–17498 Administration

Land Management Bureau NOTICES NOTICES Requests for Nominations: Meetings: Commerce Spectrum Management Advisory Committee, Central Montana Resource Advisory Council, 17492– 17446–17447 17493 Steens Mountain Advisory Council, 17494–17495 Nuclear Regulatory Commission Plats of Survey: NOTICES Montana, 17495 Applications and Amendments Involving Proposed No Public Land Orders: Significant Hazards Considerations, etc., 17501–17511 No. 7851; Partial Revocation, Power Site Reserve Nos. 24, Guidance: 145, and 566; Oregon, 17493–17494 Generic Aging Lessons Learned for Subsequent License Renewal Report and Standard Review Plan for Maritime Administration Review of Subsequent License Renewal Applications NOTICES for Nuclear Power Plants, 17500–17501 Requests for Nominations and Charter Renewals: U.S. Maritime Transportation System National Advisory Presidential Documents Committee, 17561–17562 PROCLAMATIONS Mine Safety and Health Administration Special Observances: Greek Independence Day: A National Day of Celebration NOTICES of Greek and American Democracy (Proc. 9409), Agency Information Collection Activities; Proposals, 17597–17600 Submissions, and Approvals: Emergency Mine Evacuation, 17498–17499 Railroad Retirement Board National Agricultural Statistics Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17511 Submissions, and Approvals, 17433–17434 Securities and Exchange Commission National Institutes of Health NOTICES NOTICES Meetings: Meetings: Investor Advisory Committee, 17513 Center for Scientific Review, 17468 Meetings; Sunshine Act, 17529

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Self-Regulatory Organizations; Proposed Rule Changes: Treasury Department Financial Industry Regulatory Authority, Inc., 17513– See Foreign Assets Control Office 17520 ICE Clear Europe Ltd., 17529–17532 NASDAQ BX, Inc., 17511–17513 NASDAQ Stock Market, LLC, 17525–17527 Separate Parts In This Issue New York Stock Exchange, LLC, 17532–17535 NYSE Arca, Inc., 17523–17525 Part II NYSE MKT, LLC, 17520–17523, 17527–17529 Agriculture Department, Food and Nutrition Service, 17564–17595 Small Business Administration NOTICES Disaster Declarations: Part III Oregon; Amendment 2, 17535 Presidential Documents, 17597–17600 State Department NOTICES Reader Aids World Health Organization Pandemic Influenza Consult the Reader Aids section at the end of this issue for Preparedness Framework Review, 17535–17536 phone numbers, online resources, finding aids, and notice Transportation Department of recently enacted public laws. See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Federal Highway Administration LISTSERV electronic mailing list, go to http:// See Federal Motor Carrier Safety Administration listserv.access.gpo.gov and select Online mailing list See Federal Transit Administration archives, FEDREGTOC-L, Join or leave the list (or change See Maritime Administration settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9409...... 17599 7 CFR 3555...... 17361 Proposed Rules: 210...... 17564 215...... 17564 220...... 17564 225...... 17564 226...... 17564 235...... 17564 14 CFR 39 (4 documents) ...... 17365, 17367, 17369, 17372 71 (4 documents) ...... 17374, 17375, 17376, 17377 73...... 17379 Proposed Rules: 39 (3 documents) ...... 17412, 17415, 17417 71...... 17420 31 CFR 540...... 17384 32 CFR 635...... 17385 33 CFR 117 (2 documents) ...... 17386, 17387 165...... 17387 40 CFR 52...... 17390 711...... 17392 Proposed Rules: 180...... 17422 42 CFR Proposed Rules: 100...... 17423 44 CFR 64...... 17395 50 CFR 223...... 17398 679...... 17403

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Rules and Regulations Federal Register Vol. 81, No. 60

Tuesday, March 29, 2016

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Environmental Impact Statement contains regulatory documents having general applicability and legal effect, most of which Classification This document has been reviewed in are keyed to and codified in the Code of accordance with 7 CFR part 1940, Federal Regulations, which is published under This final rule has been determined to subpart G, ‘‘Environmental Program.’’ It 50 titles pursuant to 44 U.S.C. 1510. be non-significant by the Office of is the determination of the Agency that Management and Budget (OMB) under this action does not constitute a major The Code of Federal Regulations is sold by Executive Order 12866. Federal action significantly affecting the the Superintendent of Documents. Prices of new books are listed in the first FEDERAL Executive Order 12988, Civil Justice quality of the human environment, and, REGISTER issue of each week. Reform in accordance with the National Environmental Policy Act of 1969, Pub. This rule has been reviewed under L. 91–190, neither an Environmental DEPARTMENT OF AGRICULTURE Executive Order 12988, Civil Justice Assessment nor an Environmental Reform. Except where specified, all Impact Statement is required. Rural Housing Service State and local laws and regulations that Executive Order 13132, Federalism are in direct conflict with this rule will 7 CFR Part 3555 be preempted. Federal funds carry The policies contained in this rule do not have any substantial direct effect on RIN 0575–AD00 Federal requirements. No person is required to apply for funding under this States, on the relationship between the Single Family Housing Guaranteed program, but if they do apply and are national government and States, or on Loan Program selected for funding, they must comply the distribution of power and with the requirements applicable to the responsibilities among the various AGENCY: Rural Housing Service, USDA. Federal program funds. This rule is not levels of government. Nor does this rule ACTION: Final rule. retroactive. It will not affect agreements impose substantial direct compliance entered into prior to the effective date costs on State and local governments. SUMMARY: The Rural Housing Service of the rule. Before any judicial action Therefore, consultation with the States (RHS or Agency) is amending the may be brought regarding the provisions is not required. current regulation for the Single Family of this rule, the administrative appeal Housing Guaranteed Loan Program Regulatory Flexibility Act provisions of 7 CFR part 11 must be (SFHGLP) on the subjects of lender exhausted. In compliance with the Regulatory indemnification, refinancing, and Flexibility Act (5 U.S.C. 601 et seq.) the qualified mortgage requirements. The Unfunded Mandates Reform Act undersigned has determined and Agency is expanding its lender certified by signature of this document indemnification authority for loss Title II of the Unfunded Mandates that this rule change will not have a claims in the case of fraud, Reform Act of 1995 (UMRA), Public significant impact on a substantial misrepresentation, or noncompliance Law 104–4, establishes requirements for number of small entities. This rule does with applicable loan origination Federal agencies to assess the effect of not impose any significant new requirements. This action is taken to their regulatory actions on State, local, requirements on Agency applicants and continue the Agency’s efforts to improve and tribal governments and the private borrowers, and the regulatory changes and expand the risk management of the sector. Under section 202 of the UMRA, affect only Agency determination of SFHGLP. The Agency is amending its the Agency generally must prepare a program benefits for guarantees of loans refinancing provisions to simply require written statement, including a cost- made to individuals. that the new interest rate not exceed the benefit analysis, for proposed and final interest rate on the original loan and to rules with ‘‘Federal mandates’’ that may Executive Order 13175, Consultation add a new refinance option, result in expenditures to State, local, or and Coordination With Indian Tribal ‘‘streamlined-assist.’’ Finally, the agency tribal governments, in the aggregate, or Governments is amending its regulation to indicate to the private sector, of $100 million, or This executive order imposes that a loan guaranteed by RHS is a more, in any one year. When such a requirements on RD in the development Qualified Mortgage if it meets certain statement is needed for a rule, section of regulatory policies that have Tribal requirements set forth by the Consumer 205 of the UMRA generally requires the implications or preempt tribal laws. RD Protection Finance Bureau (CFPB). Agency to identify and consider a has determined that the final rule does DATES: Effective April 28, 2016. reasonable number of regulatory not have a substantial direct effect on FOR FURTHER INFORMATION CONTACT: alternatives and adopt the least costly, one or more Indian Tribe(s) or on either Lilian Lipton, Finance and Loan most cost-effective, or least burdensome the relationship or the distribution of Analyst, Single Family Housing alternative that achieves the objectives powers and responsibilities between the Guaranteed Loan Division, STOP 0784, of the rule. This final rule contains no Federal Government and Indian Tribes. Room 2250, USDA Rural Development, Federal mandates (under the regulatory Thus, this rule is not subject to the South Agriculture Building, 1400 provisions of Title II of the UMRA) for requirements of Executive Order 13175. Independence Avenue SW., State, local, and tribal governments or If a Tribe determines that this rule has Washington, DC 20250–0784, telephone: the private sector. Therefore, this rule is implications of which RD is not aware (202) 260–8012, email is lilian.lipton@ not subject to the requirements of and would like to engage with RD on wdc.usda.gov. sections 202 and 205 of the UMRA. this rule, please contact RD’s Native

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American Coordinator at (720) 544– letter to us by mail at U.S. Department purpose of this option. No change is 2911 or [email protected]. of Agriculture, Director, Office of made in this provision. Adjudication, 1400 Independence One respondent supported the Executive Order 12372, Avenue SW., Washington, DC 20250– addition of the Streamlined-Assist Intergovernmental Consultation 9410, by fax (202) 690–7442 or email at Refinance option but requested This program/activity is not subject to [email protected]. clarification with regards to the the provisions of Executive Order Individuals who are deaf, hard of inclusion of the guarantee fee and 12372, which require intergovernmental hearing or have speech disabilities and eligible closing costs. Eligible loan consultation with State and local you wish to file either an EEO or purposes, including fees and closing officials. (See the Notice related to 7 program complaint please contact costs, will remain the same as described CFR part 3015, subpart V, at 48 FR USDA through the Federal Relay on § 3555.101(d) for all refinancing 29112, June 24, 1983; 49 FR 22675, May Service at (800) 877–8339 or (800) 845– transactions. Closing costs may be 31, 1984; 50 FR 14088, April 10, 1985). 6136 (in Spanish). included in the refinance loan amount. Persons with disabilities, who wish to Programs Affected No change is made in this provision. file a program complaint, please see One respondent requested the This program is listed in the Catalog information above on how to contact us eligibility of non-section 502 loans to be of Federal Domestic Assistance under by mail directly or by email. If you refinanced through the program, such as Number 10.410, Very Low to Moderate require alternative means of balloon or ARM mortgage products, if Income Housing Loans (Section 502 communication for program information they meet USDA eligibility Rural Housing Loans). (e.g., Braille, large print, audiotape, etc.) requirements. The Agency does not Paperwork Reduction Act please contact USDA’s TARGET Center have statutory authority as this request at (202) 720–2600 (voice and TDD). The information collection and record does not conform with the Housing Act keeping requirements contained in this Background Information of 1949 limits on refinancing in this regulation have been approved by OMB On March 5, 2015, RHS published a program. No change is made in this in accordance with the Paperwork proposed rule with request for provision. Reduction Act of 1995 (44 U.S.C. 3501 comments for the Single Family Indemnification (§ 3555.108(d)) et seq.). The assigned OMB control Housing Guaranteed Loan Program Two respondents believe a five-year number is 0575–0179. (SFHGLP) (80 FR 11950–11954). Rural indemnification period is too long and Development received comments from E-Government Act Compliance requested the Agency to maintain the seventeen respondents. Comments were current lender indemnification period of The Rural Housing Service is from lenders, secondary market sources, 24 months. The Agency will continue to committed to complying with the E- builders, and other interest groups. pursue a five-year indemnification Government Act, to promote the use of Specific public comments and period, similar to those of other federal the Internet and other information substantive changes from the proposed agencies and as recommended by the technologies to provide increased rule are addressed below in general Office of Inspector General (OIG) Report opportunities for citizen access to order of appearance in the regulation, 04703–003–HY. The rule has been Government information and services, not based in the order of importance. and for other purposes. One respondent requested the Agency amended to clarify that the loan originator will be required to indemnify Non-Discrimination Policy to clarify when the rule would become effective and what the trigger events the Agency and not a subsequent holder The U.S. Department of Agriculture will be for the effective date of the or acquirer of the loan. No other change (USDA) prohibits discrimination against various requirements for loan is made in this provision. its customers, employees, and applications received by lenders on or Two respondents requested the applicants for employment on the bases after the effective date of the final rule. Agency to amend its definition of of race, color, national origin, age, The final rule will become effective 60 default accounts from 30 days disability, sex, gender identity, religion, days after its publication in the Federal delinquent to 60 days. The Agency will reprisal, and where applicable, political Register. maintain the 30-day definition, beliefs, marital status, familial or consistent with other federal agencies. parental status, sexual orientation, or all Refinancing (§ 3555.101(d)) No change is made in this provision. or part of an individual’s income is Five respondents fully supported the One respondent encouraged the derived from any public assistance Agency’s proposal to amend its Agency to add a standard of materiality program, or protected genetic refinancing provisions and add the for the underwriting defect and to information in employment or in any Streamlined-Assist Refinance option. specify that there must be a connection program or activity conducted or funded One respondent supported the between the defect and the cause of by the Department. (Not all prohibited Streamlined-Assist Refinance program default by adding that ‘‘The Agency may bases will apply to all programs and/or but requested that the Agency: (1) Add seek indemnification if fraud or employment activities.) repayment requirements for remaining misrepresentation occurs in connection If you wish to file a Civil Rights borrowers; (2) limit costs to principal with the origination and the lender program complaint of discrimination, and current interest charges due, knew, or should have known about the complete the USDA Program reasonable and customary re- occurrence.’’ It also recommended the Discrimination Complaint Form (PDF), conveyance fee, and the upfront Agency to clarify that an found online at http:// guarantee fee; and (3) limit refinance indemnification does not affect the www.ascr.usda.gov/complaint_filing_ balance to original purchase loan guaranty status of the loan. RHS will cust.html, or at any USDA office, or call amount. The Agency believes the include the standard of materiality and (866) 632–9992 to request the form. You Streamlined-Assist Refinance’s purpose a provision that the loan note guarantee may also write a letter containing all of is to increase affordability for current of the holder will not be affected by the information requested in the form. borrowers and implementing the indemnification by the originating Send your completed complaint form or suggested changes will defeat the lender.

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Qualified Mortgage (§ 3555.109) keeping both the MRA and PRA Agency standards and guidelines, Six respondents requested RHS to amounts as secured loans to avoid the regardless of when the claim is paid. update program guidance to incorporate likelihood of borrower confusion. The This is similar to how HUD and other different points and fee limitations than respondent also questioned how the federal agencies operate. The Agency may also seek those proposed. The Agency will remain PRA would be impacted should the indemnification if the Agency consistent with the Consumer Financial borrower attempt to pay off the loan determines that fraud or Protection Bureau (CFPB) and other before the three year period prior to eligibility for debt forgiveness. Should misrepresentation occurred in federal agencies in its points and fees the PRA be forgiven, the respondent connection with the origination of the limitations. No change is made in this suggested that the Agency should report loan, regardless of when the loan closed. provision. the forgiveness amount to the IRS, and 7 CFR 3555.108(d)(2). This provision is Two respondents requested the not the servicer. The respondent wrote being clarified to state that the Agency Agency to not adopt CFPB’s 43-percent that should the PRA not be forgiven, may seek indemnification in cases of debt-to-income limit. The Agency had attempts to collect the unsecured loan fraud or misrepresentation regardless of not included any debt-to-income would be detrimental to borrowers when the loan closed or when the limitation in the proposed rule. The recovering from financial difficulties. default occurred. CFPB debt ratio limitations do not apply Attempts to collect unsecured PRAs, In addition, the definition of to loans guaranteed by the Agency. suggested the respondent, could ‘‘default’’ has been added to section Until January 20, 2021 or the date on ultimately be more costly to the Agency 3555.10 to clarify that default is when which an agency rule defining qualified than simply forgiving the amounts an account is more than 30 days mortgages becomes effective (whichever advanced. Finally, the respondent overdue. This is consistent with how is earlier), loans guaranteed by RHS are questioned whether the MRA and PRA the term is used in the mortgage presumed to be qualified mortgages claims should be filed separately or industry. under 12 CFR 1026.43(e)(4). whether both amounts may be Refinance: There are currently two Four respondents noted that Housing submitted in the same claim. Separate refinance options available to Section Finance Agencies (HFA) loans are filings would be especially complicated 502 borrowers, and the Agency is exempt from the Qualified Mortgage according to the respondent. adding a third option which has been requirements and are automatically Two respondents requested the successfully tested in a pilot. The classified as Qualified Mortgages Agency to eliminate the January 1, 2001 Agency is amending section eligible for insurance through the to January 1, 2010 timeframe restriction 3555.101(d)(3)(i) to remove the SFHGLP. The Agency is amending its on PRAs. requirement that the interest rate of a rule and will include language One respondent supported the refinanced loan be at least 100 basis exempting HFAs from the Qualified Principal Reduction Advance (PRA) points below the original rate, and Mortgage requirements. proposal but requested that lenders have instead to require that the new interest Principal Reduction (§ 3555.304(d)) at least six months to implement the rate not exceed the original interest policy in order to allow for internal loan’s interest rate. The interest rate One respondent wrote that the system integrations related to this reduction requirement has proven Mortgage Recovery Advance (MRA) process. problematic in rising rate environments. already provides for principal After careful review and For example, in the case of divorce, the reductions, and that by separating consideration, the Agency agrees with borrower may not be able to refinance principal reduction from the MRA all the comments submitted, and has as required by their divorce decree or would complicate the process because decided to not implement the PRA judgment because they cannot secure an loan servicers would now have to take transaction as it had been proposed. The interest rate at least 1 percent lower two steps instead of only one. The original MRA procedure will remain than the first one. respondent pointed out that if the PRA unaltered and the PRA will not become The definition of ‘‘streamlined-assist is eventually forgiven, it would become a separate transaction. refinance’’ is being added to 7 CFR a tax liability to borrowers because the Indemnification: In the Office of 3555.10. On February 1, 2012 RHS Internal Revenue Service (IRS) Inspector General (OIG) Report 04703– created a refinancing pilot known as the considers forgiven debt to be taxable 003–HY, SFH GL Loss Claims, the ‘‘Rural Refinance Pilot.’’ The income. Struggling low or moderate Agency was requested to re-evaluate the streamlined-assist refinance differs from income borrowers may not be able to timeframe in which the Government can the traditional refinance options in that handle the additional tax bill. The seek indemnification for noncompliance there is no appraisal or credit report respondent also indicated that since the with regulations in loan origination. requirement in most instances, as long PRA results in an unsecured loan which Present language in 7 CFR as the borrower has been current on would not be forgiven if the borrower 3555.108(d)(1) limits the their first mortgage for the previous 12 re-defaulted on their mortgage, mortgage indemnification to losses if the payment months and their new interest rate is at loan servicers would be in a position of under the guarantee was made within least 1 percent lower than their first one. collecting on an unsecured loan. 24 months of loan closing. Origination A new appraisal is required for direct Mortgage loan servicers do not want to defects which depart from Agency loan borrowers who received a subsidy collect unsecured loans, and the requirements, however, may cause for the purposes of calculating subsidy respondent suggested that the agency defaults beyond 24 months from loan recapture. should collect the unsecured loans. closing. Similarly, claims arising from The pilot was designed to assist One respondent indicated that the use defective originations may occur several existing Section 502 direct or of separate notes, one for an MRA and years after loan closing. The change will guaranteed loan borrowers in one for a PRA, would complicate special trigger indemnification if the default refinancing their homes with greater loan servicing workouts and may occurs within five years from ease in thirty-five eligible states where confuse or overwhelm eligible origination and the Agency concludes steep home price declines, borrowers. The respondent indicated the default arose because the originator unemployment and persistent poverty that the Agency should consider did not underwrite the loan according to rates made refinancing a current

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mortgage into more affordable terms Federal Regulations is amended as amount of up-front guarantee fee difficult or impossible. Due to the follows: financed, if any, when using the non- success of the pilot program, RHS will streamlined option. adopt the pilot policy as a refinance PART 3555—GUARANTEED RURAL (C) A streamlined-assist refinance option for existing Section 502 direct or HOUSING PROGRAM loan is a special refinance option guaranteed loan borrowers nationwide available to existing Section 502 direct ■ in addition to the two traditional 1. The authority citation for part 3555 and guaranteed loan borrowers. refinance loan options of streamlined continues to read as follows: Applicants must meet the income and non-streamlined. The special Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 42 eligibility requirements of § 3555.151(a), refinance loan option will be called U.S.C. 1480, and Subpart E of 7 U.S.C. and must not have had any defaults ‘‘streamlined-assist.’’ 1932(a). during the 12 month period prior to the This rule amends 7 CFR refinance loan application. There are no Subpart C—Loan Requirements 3555.101(d)(3)(vi) to include debt-to-income calculation ‘‘streamlined-assist’’ as one of three ■ 2. Amend § 3555.10 by adding requirements, no credit report available refinance loan options in definitions for ‘‘Default’’and requirements, no property inspection addition to the traditional ‘‘Streamlined-assist refinance’’ to read requirements, and no loan-to-value ‘‘streamlined’’ and ‘‘non-streamlined’’ as follows: requirements. There is no appraisal refinance loans. Section requirement except for Section 502 3555.101(d)(3)(vi) discusses eligibility § 3555.10 Definitions and abbreviations. direct loan borrowers who have requirements for each streamlined and * * * * * received a subsidy. non-streamlined refinance loan. The Default. A loan is considered in (ii) The interest rate of the new loan streamlined-assist refinance will have default when a payment has not been must be fixed and must not exceed the the same features as the Rural Refinance paid after 30 days from the date it was interest rate of the original loan being Pilot described above. Additional due. refinanced. eligibility criteria for refinance loans is * * * * * * * * * * discussed in Section 3555.101(d)(3). (iv) The loan security must include Qualified Mortgage: The agency is Streamlined-assist refinance. A the same property as the original loan changing Section 3555.109, to indicate streamlined-assist refinance is an and be owned and occupied by the that a loan guaranteed by RHS meeting abbreviated method of refinancing borrowers as their principal residence. certain CFPB requirements is a which does not require a credit report, ‘‘Qualified Mortgage.’’ or the calculation of loan-to-value or * * * * * The CFPB published a ‘‘Qualified debt-to-income ratios. Lenders must ■ 4. Amend § 3555.108 by revising Mortgage’’ rule (12 CFR part 1026) verify that the borrower has been paragraph (d) to read as follows: which became effective January 10, current on their existing loan for the 2014 and implemented in part the preceding 12 month period. § 3555.108 Full faith and credit. Dodd-Frank Wall Street Reform and * * * * * * * * * * Consumer Protection Act of 2010 (P.L. ■ 3. Section 3555.101 is amended by (d) Indemnification. The loan note 111–203). This rule requires creditors to revising paragraphs (d)(3)(i), (ii), and guarantee will remain in effect for any make a reasonable, good faith (iv) to read as follows: holder of the loan who acquired it from determination of a consumer’s an originating lender. If the Agency repayment ability for any consumer § 3555.101 Loan purposes. determines that a lender did not credit transaction secured by a dwelling, * * * * * originate a loan in accordance with the and establishes a safe harbor from (d) * * * requirements in this part, and the liability for transactions that meet the (3) * * * Agency pays a claim under the loan requirements for ‘‘qualified mortgages.’’ (i) Three options for refinancing may guarantee, the Agency may revoke the Currently, SFHGLP loans are considered be offered: streamlined, non- originating lender’s eligibility status in to be qualified mortgages if they meet streamlined, and streamlined-assist. accordance with subpart B of this part the requirements in 12 CFR Other than provided in this paragraph, and may also require the originating 1026.43(e)(2)(i)–(iii) and the points and no cash out is permitted for any lender: fees limits in 12 CFR 1026.43(e)(3) until refinance. Documentation costs and (1) To indemnify the Agency for the RHS promulgates its own rules underwriting requirements of subparts loss, if the default leading to the regarding qualified mortgages, or D, E, and F of this part apply to payment of loss claim occurred within January 10, 2021, whichever is earlier. streamlined and non-streamlined five (5) years of loan closing, when one (See 12 CFR 1026.43(e)(4)). refinances. or more of the following conditions is RHS guaranteed loans currently meet (A) Lenders may offer a streamlined satisfied: these requirements. Therefore, section refinance for existing Section 502 (i) The originating lender utilized 3555.109 is clarifying that RHS Guaranteed loans, which does not unsupported data or omitted material guaranteed loans which meet the CFPB require a new appraisal. The lender will information when submitting the requirements in 12 CFR 1026.43(e)(2)(i)- pay off the balance of the existing request for a conditional commitment to (iii) and 12 CFR 1026.43(e)(3) are Section 502 Guaranteed loan. the Agency; considered qualified mortgages. (B) Lenders may offer non- (ii) The originating lender failed to streamlined refinancing for existing properly verify and analyze the List of Subjects in 7 CFR Part 3555 Section 502 Guaranteed or Direct loans, applicant’s income and employment Home improvement, Loan programs— which requires a new and current history in accordance with Agency Housing and community development, market value appraisal. The amount of guidelines; Mortgage insurance, Mortgages, Rural the new loan must be supported by (iii) The originating lender failed to areas. sufficient equity in the property as address property deficiencies identified For the reason stated in the preamble, determined by an appraisal. The in the appraisal or inspection report that Chapter XVIII, Title 7 of the Code of appraised value may be exceeded by the affect the health and safety of the

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occupants or the structural integrity of ensure efficient sealing. This AD Discussion the property; requires modifying the BDDVs having We issued a notice of proposed (iv) The originating lender used an certain part numbers; modifying the rulemaking (NPRM) to amend 14 CFR appraiser that was not properly licensed drain hose of the BDDV; checking for part 39 by adding an AD that would or certified, as appropriate, to make the presence of water, ice, and hydraulic apply to certain Airbus Model A319, residential real estate appraisal in fluid; re-identifying the BDDV; and A320, and A321 series airplanes. The accordance with § 3555.103(a); or, doing related investigative and NPRM published in the Federal (2) To indemnify the Agency for the corrective actions if necessary. We are Register on November 19, 2015 (80 FR loss regardless of how long ago the loan issuing this AD to prevent damage to the 72401) (‘‘the NPRM’’). closed or the default occurred, if the BDDV, which could lead to water The European Aviation Safety Agency Agency determines that fraud or ingestion in the BDDV and freezing of (EASA), which is the Technical Agent misrepresentation was involved with the BDDV in flight, possibly resulting in for the Member States of the European the origination of the loan. loss of braking system function after Union, has issued EASA Airworthiness (3) In addition, the Agency may use landing. any other legal remedies it has against Directive 2014–0251R1, dated December the originating lender. DATES: This AD is effective May 3, 2016. 17, 2014 (referred to after this as the Mandatory Continuing Airworthiness * * * * * The Director of the Federal Register Information, or ‘‘the MCAI’’), to correct ■ 5. Add § 3555.109 to read as follows: approved the incorporation by reference an unsafe condition for certain Airbus of a certain publication listed in this AD § 3555.109 Qualified Mortgage Model A319, A320, and A321 series as of May 3, 2016. airplanes. The MCAI states: A qualified mortgage is a guaranteed ADDRESSES: For service information loan meeting the requirements of this In 1998, an operator experienced a dual identified in this final rule, contact part and applicable Agency guidance, as loss of braking systems. Investigation results Airbus, Airworthiness Office—EIAS, 1 revealed that the cover seal of the Brake Dual well as the requirements in 12 CFR Rond Point Maurice Bellonte, 31707 Distribution Valve (BDDV) was damaged and 1026.43(e)(i) through (iii) and 12 CFR did not ensure the sealing efficiency. 1026.43(e)(3). An extension of credit Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email This condition, if not corrected, could lead made pursuant to a program to water ingestion in the BDDV and freezing [email protected]; administered by a State Housing of the BDDV in flight, possibly resulting in Finance Agency is exempt from this Internet http://www.airbus.com. You loss of braking system function after landing. requirement as defined in 12 CFR may view this referenced service [The Directorate General for Civil Aviation] information at the FAA, Transport (DGAC) France issued AD 2000–258–146 1026.43(a)(3)(iv). Lenders will be _ allowed to cure unintentional errors and Airplane Directorate, 1601 Lind Avenue [http://ad.easa.europa.eu/blob/20002580tb superseded.pdf/AD_F-2000-258-146_1] retain the qualified mortgage status if SW., Renton, WA. For information on the availability of this material at the [which corresponds to certain actions in FAA the conditions set in 12 CFR 1026.31(h) AD 2001–15–10, Amendment 39–12344 (66 are met. FAA, call 425–227–1221. It is also available on the Internet at http:// FR 39413, July 31, 2001)] to require modification of the BDDV with a new cover Dated: February 18, 2016. www.regulations.gov by searching for Tony Hernandez, and installation of a draining tube with a cap. and locating Docket No. FAA–2015– Since that French AD was issued, Administrator, Rural Housing Service. 4816. following a new event, Airbus developed a [FR Doc. 2016–07049 Filed 3–28–16; 8:45 am] modification of the BDDV drain tube which Examining the AD Docket BILLING CODE 3410–XV–P will leave it open, ensuring continuous You may examine the AD docket on drainage of any ingested water, thereby preventing freezing of the brake system. the Internet at http:// For the reasons described above, EASA DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for issued [another AD] * * *, to require and locating Docket No. FAA–2015– modification of the BDDV drain tube. Federal Aviation Administration 4816; or in person at the Docket Since that [EASA] AD was issued, Management Facility between 9 a.m. comments were received that indicated a 14 CFR Part 39 and 5 p.m., Monday through Friday, need for correction and clarification. Consequently, this [EASA] AD is revised to [Docket No. FAA–2015–4816; Directorate except Federal holidays. The AD docket contains this AD, the regulatory add a Note to Table 1 and to amend Identifier 2014–NM–238–AD; Amendment paragraph (3). 39–18444; AD 2016–06–13] evaluation, any comments received, and other information. The street address for The modification includes a check for RIN 2120–AA64 the Docket Office (telephone 800–647– the presence of water, ice, and hydraulic 5527) is Docket Management Facility, Airworthiness Directives; Airbus fluid, and related investigative and U.S. Department of Transportation, Airplanes corrective actions if necessary. Related Docket Operations, M–30, West investigative actions include an AGENCY: Federal Aviation Building Ground Floor, Room W12–140, inspection for corrosion. Corrective Administration (FAA), Department of 1200 New Jersey Avenue SE., actions include replacing the BDDV. Transportation (DOT). Washington, DC 20590. You may examine the MCAI in the AD docket on the Internet at http:// ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: www.regulations.gov by searching for Sanjay Ralhan, Aerospace Engineer, SUMMARY: We are adopting a new and locating Docket No. FAA–2015– International Branch, ANM–116, airworthiness directive (AD) for certain 4816. Transport Airplane Directorate, FAA, Airbus Model A319, A320, and A321 1601 Lind Avenue SW., Renton, WA Comments series airplanes. This AD was prompted 98057–3356; telephone 425–227–1405; by investigations that revealed that the We gave the public the opportunity to fax 425–227–1149. cover seal of the brake dual distribution participate in developing this AD. We valve (BDDV) was damaged and did not SUPPLEMENTARY INFORMATION: considered the comment received.

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United Airlines had no objection to the because it addresses an unsafe condition (2) Airbus Model A320–211, –212, –214, NPRM. that is likely to exist or develop on –231, –232, and –233 airplanes. products identified in this rulemaking (3) Airbus Model A321–111, –112, –131, Conclusion action. –211, –212, –213, –231, and –232 airplanes. We reviewed the relevant data, Regulatory Findings (d) Subject considered the comment received, and Air Transport Association (ATA) of determined that air safety and the We determined that this AD will not America Code 32, Landing Gear. public interest require adopting this AD have federalism implications under as proposed, except for minor editorial Executive Order 13132. This AD will (e) Reason changes. We have determined that these not have a substantial direct effect on This AD was prompted by investigations minor changes: the States, on the relationship between that revealed that the cover seal of the BDDV • Are consistent with the intent that the national government and the States, was damaged and did not ensure efficient was proposed in the NPRM for or on the distribution of power and sealing. We are issuing this AD to prevent correcting the unsafe condition; and responsibilities among the various damage to the BDDV, which could lead to • Do not add any additional burden water ingestion in the BDDV and freezing of levels of government. the BDDV in flight, possibly resulting in loss upon the public than was already For the reasons discussed above, I of braking system function after landing. proposed in the NPRM. certify that this AD: 1. Is not a ‘‘significant regulatory (f) Compliance Related Service Information Under 1 action’’ under Executive Order 12866; Comply with this AD within the CFR Part 51 2. Is not a ‘‘significant rule’’ under the compliance times specified, unless already We reviewed Airbus Service Bulletin DOT Regulatory Policies and Procedures done. A320–32–1415, dated September 2, (44 FR 11034, February 26, 1979); (g) Modification and Re-Identification 2014. The service information describes 3. Will not affect intrastate aviation in Within 24 months after the effective date procedures for modifying the BDDVs Alaska; and of this AD, modify the BDDV having a part having certain part numbers; modifying 4. Will not have a significant number listed in the column ‘‘Old Part the drain hose of the BDDV; checking economic impact, positive or negative, Number’’ in table 1 to paragraph (g) of this for the presence of water, ice, and on a substantial number of small entities AD; modify the drain hose of the affected hydraulic fluid; re-identifying the under the criteria of the Regulatory BDDV; check for the presence of water, ice, BDDV; and doing related investigative Flexibility Act. and hydraulic fluid; and re-identify the BDDV to the corresponding part number, as and corrective actions if necessary. This List of Subjects in 14 CFR Part 39 service information is reasonably applicable, as listed as ‘‘New Part Number’’ available because the interested parties Air transportation, Aircraft, Aviation in table 1 to paragraph (g) of this AD; and do all applicable related investigative and have access to it through their normal safety, Incorporation by reference, Safety. corrective actions; in accordance with the course of business or by the means Accomplishment Instructions of Airbus identified in the ADDRESSES section. Adoption of the Amendment Service Bulletin A320–32–1415, dated Costs of Compliance September 2, 2014. Do all applicable related Accordingly, under the authority investigative and corrective actions before We estimate that this AD affects 953 delegated to me by the Administrator, further flight. airplanes of U.S. registry. the FAA amends 14 CFR part 39 as We also estimate that it would take follows: TABLE 1 TO PARAGRAPH (g) OF THIS about 6 work-hours per product to PART 39—AIRWORTHINESS AD—BDDV PART NUMBER RE- comply with the basic requirements of IDENTIFICATION this AD. The average labor rate is $85 DIRECTIVES per work-hour. Required parts cost ■ 1. The authority citation for part 39 Old part number New part number about $421 per product. Based on these continues to read as follows: figures, we estimate the cost of this AD A25434006–3 A25434006–3000 on U.S. operators to be $887,243, or Authority: 49 U.S.C. 106(g), 40113, 44701. A25434005–101 A25434005–1010 $931 per product. A25434005–201 A25434005–2010 § 39.13 [Amended] A25434005–301 A25434005–3010 Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding A25434005–401 A25434005–4010 A25434006–101 A25434006–1010 Title 49 of the United States Code the following new airworthiness specifies the FAA’s authority to issue directive (AD): Note 1 to table 1 to paragraph (g) of this rules on aviation safety. Subtitle I, 2016–06–13 Airbus: Amendment 39–18444. AD: The part number listed in table 1 to Docket No. FAA–2015–4816; Directorate section 106, describes the authority of paragraph (g) of this AD can have an ‘‘A’’ or Identifier 2014–NM–238–AD. the FAA Administrator. ‘‘Subtitle VII: ‘‘B’’ suffix, which is an indication of the Aviation Programs,’’ describes in more (a) Effective Date amendment level of the BDDV. This does not detail the scope of the Agency’s This AD is effective May 3, 2016. affect compliance with this AD. authority. We are issuing this rulemaking under (b) Affected ADs (h) Parts Installation Limitations the authority described in ‘‘Subtitle VII, None. As of the applicable time specified in Part A, Subpart III, Section 44701: paragraph (h)(1) or (h)(2) of this AD, no (c) Applicability General requirements.’’ Under that person may install a BDDV having a part section, Congress charges the FAA with This AD applies to the airplanes identified number listed as ‘‘Old Part Number’’ in table promoting safe flight of civil aircraft in in paragraphs (c)(1) through (c)(3) of this AD, 1 to paragraph (g) of this AD, on any airplane. certificated in any category, all manufacturer (1) For any airplane that, on the effective air commerce by prescribing regulations serial numbers, except those on which date of this AD, has a BDDV installed with for practices, methods, and procedures Airbus Modification 26925 has been a part number listed as ‘‘Old Part Number’’ the Administrator finds necessary for embodied in production. in table 1 to paragraph (g) of this AD: After safety in air commerce. This regulation (1) Airbus Model A319–111, –112, –113, modification of the airplane, as required by is within the scope of that authority –114, –115, –131, –132, and –133 airplanes. paragraph (g) of this AD.

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(2) For any airplane that, on the effective paragraph under 5 U.S.C. 552(a) and 1 CFR detect and correct cracks and corrosion date of this AD, has a BDDV installed with part 51. on the lugs of the inboard and outboard a part number listed as ‘‘New Part Number’’ (2) You must use this service information control rod fittings of the RH and LH in table 1 to paragraph (g) of this AD, or has as applicable to do the actions required by side ailerons, which could lead to a BDDV installed with a part number not this AD, unless this AD specifies otherwise. listed in table 1 to paragraph (g) of this AD: (i) Airbus Service Bulletin A320–32–1415, reduced controllability of the airplane. As of the effective date of this AD. dated September 2, 2014. DATE: This AD becomes effective May 3, (i) Other FAA AD Provisions (ii) Reserved. 2016. (3) For service information identified in The Director of the Federal Register The following provisions also apply to this this AD, contact Airbus, Airworthiness approved the incorporation by reference AD: Office—EIAS, 1 Rond Point Maurice of a certain publication listed in this AD (1) Alternative Methods of Compliance Bellonte, 31707 Blagnac Cedex, France; as of May 3, 2016. (AMOCs): The Manager, International telephone +33 5 61 93 36 96; fax +33 5 61 Branch, ANM–116, Transport Airplane 93 44 51; email account.airworth-eas@ ADDRESSES: For service information Directorate, FAA, has the authority to airbus.com; Internet http://www.airbus.com. identified in this final rule, contact approve AMOCs for this AD, if requested (4) You may view this service information EADS–CASA, Military Transport using the procedures found in 14 CFR 39.19. at the FAA, Transport Airplane Directorate, Aircraft Division (MTAD), Integrated In accordance with 14 CFR 39.19, send your 1601 Lind Avenue SW., Renton, WA. For Customer Services (ICS), Technical request to your principal inspector or local information on the availability of this Services, Avenida de Arago´n 404, 28022 Flight Standards District Office, as material at the FAA, call 425–227–1221. Madrid, Spain; telephone: +34 91 585 appropriate. If sending information directly (5) You may view this service information to the International Branch, send it to ATTN: 55 84; fax: +34 91 585 55 05; email: that is incorporated by reference at the [email protected]; Sanjay Ralhan, Aerospace Engineer, National Archives and Records International Branch, ANM–116, Transport Administration (NARA). For information on Internet: http://www.eads.net. You may Airplane Directorate, FAA, 1601 Lind the availability of this material at NARA, call view this referenced service information Avenue SW., Renton, WA 98057–3356; 202–741–6030, or go to: http://www.archives. at the FAA, Transport Airplane telephone 425–227–1405; fax 425–227–1149. gov/federal-register/cfr/ibr-locations.html. Directorate, 1601 Lind Avenue SW., Information may be emailed to: 9-ANM-116- Renton, WA. For information on the [email protected]. Before using Issued in Renton, Washington, on March any approved AMOC, notify your appropriate 16, 2016. availability of this material at the FAA, principal inspector, or lacking a principal Michael Kaszycki, call 425–227–1221. It is also available on the Internet at http:// inspector, the manager of the local flight Acting Manager, Transport Airplane standards district office/certificate holding Directorate, Aircraft Certification Service. www.regulations.gov by searching for district office. The AMOC approval letter and locating Docket No. FAA–2015– [FR Doc. 2016–06528 Filed 3–28–16; 8:45 am] must specifically reference this AD. 3636. (2) Contacting the Manufacturer: For any BILLING CODE 4910–13–P requirement in this AD to obtain corrective Examining the AD Docket actions from a manufacturer, the action must You may examine the AD docket on be accomplished using a method approved DEPARTMENT OF TRANSPORTATION by the Manager, International Branch, ANM– the Internet at http:// 116, Transport Airplane Directorate, FAA; or Federal Aviation Administration www.regulations.gov by searching for the European Aviation Safety Agency and locating Docket No. FAA–2015– (EASA); or Airbus’s EASA Design 14 CFR Part 39 3636; or in person at the Docket Organization Approval (DOA). If approved by Management Facility between 9 a.m. the DOA, the approval must include the [Docket No. FAA–2015–3636; Directorate and 5 p.m., Monday through Friday, DOA-authorized signature. Identifier 2015–NM–043–AD; Amendment except Federal holidays. The AD docket (3) Required for Compliance (RC): If any 39–18442; AD 2016–06–11] contains this AD, the regulatory service information contains procedures or tests that are identified as RC, those RIN 2120–AA64 evaluation, any comments received, and procedures and tests must be done to comply other information. The street address for with this AD; any procedures or tests that are Airworthiness Directives; Airbus the Docket Office (telephone 800–647– not identified as RC are recommended. Those Defense and Space S.A. (Formerly 5527) is Docket Management Facility, procedures and tests that are not identified Known as Construcciones U.S. Department of Transportation, as RC may be deviated from using accepted Aeronauticas, S.A.) Airplanes Docket Operations, M–30, West methods in accordance with the operator’s AGENCY: Federal Aviation Building Ground Floor, Room W12–140, maintenance or inspection program without 1200 New Jersey Avenue SE., obtaining approval of an AMOC, provided Administration (FAA), Department of the procedures and tests identified as RC can Transportation (DOT). Washington, DC 20590. be done and the airplane can be put back in ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: an airworthy condition. Any substitutions or Shahram Daneshmandi, Aerospace changes to procedures or tests identified as SUMMARY: We are adopting a new Engineer, International Branch, ANM– RC require approval of an AMOC. airworthiness directive (AD) for all 116, Transport Airplane Directorate, (j) Related Information Airbus Defense and Space S.A. Model FAA, 1601 Lind Avenue SW., Renton, Refer to Mandatory Continuing CN–235, CN–235–100, CN–235–200, WA 98057–3356; telephone: 425–227– Airworthiness Information (MCAI) EASA and CN–235–300 airplanes. This AD 1112; fax: 425–227–1149. Airworthiness Directive 2014–0251R1, dated was prompted by a report of cracks on SUPPLEMENTARY INFORMATION: December 17, 2014, for related information. the lugs of the inboard and outboard This MCAI may be found in the AD docket control rod fittings of the right hand Discussion on the Internet at http://www.regulations.gov (RH) and left hand (LH) side ailerons. We issued a notice of proposed by searching for and locating Docket No. This AD requires a one-time non- rulemaking (NPRM) to amend 14 CFR FAA–2015–4816. destructive test (NDT) inspection of the part 39 by adding an AD that would (k) Material Incorporated by Reference inboard and outboard control rod apply to all Airbus Defense and Space (1) The Director of the Federal Register fittings of the RH and LH side ailerons S.A. Model CN–235, CN–235–100, CN– approved the incorporation by reference for cracks and corrosion, and repair if 235–200, and CN–235–300 airplanes. (IBR) of the service information listed in this necessary. We are issuing this AD to The NPRM published in the Federal

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Register on September 28, 2015 (80 FR Conclusion products identified in this rulemaking 58224). The NPRM was prompted by a We reviewed the relevant data and action. report of cracks on the lugs of the determined that air safety and the Regulatory Findings inboard and outboard control rod public interest require adopting this AD fittings of the RH and LH side ailerons. as proposed except for minor editorial We determined that this AD will not The NPRM proposed to require a one- changes. We have determined that these have federalism implications under time NDT inspection of the inboard and minor changes: Executive Order 13132. This AD will outboard control rod fittings of the RH • Are consistent with the intent that not have a substantial direct effect on and LH side ailerons for cracks and was proposed in the NPRM (80 FR the States, on the relationship between corrosion, and repair if necessary. We 58224, September 28, 2015) for the national government and the States, are issuing this AD to detect and correct correcting the unsafe condition; and or on the distribution of power and cracks and corrosion on the lugs of the • Do not add any additional burden responsibilities among the various inboard and outboard control rod upon the public than was already levels of government. fittings of the RH and LH side ailerons, proposed in the NPRM (80 FR 58224, For the reasons discussed above, I which could lead to reduced September 28, 2015). certify that this AD: controllability of the airplane. Related Service Information Under 1 1. Is not a ‘‘significant regulatory The European Aviation Safety Agency CFR Part 51 action’’ under Executive Order 12866; (EASA), which is the Technical Agent 2. Is not a ‘‘significant rule’’ under the for the Member States of the European Airbus Defense and Space S.A. has issued Airbus Military Alert Operators DOT Regulatory Policies and Procedures Union, has issued EASA AD 2015–0040, (44 FR 11034, February 26, 1979); dated March 6, 2015 (referred to after Transmission (AOT) AOT–CN235–57– 0001, Revision 1, dated March 14, 2014. 3. Will not affect intrastate aviation in this as the Mandatory Continuing Alaska; and Airworthiness Information, or ‘‘the The service information describes MCAI’’), to correct an unsafe condition procedures for a one-time NDT 4. Will not have a significant for all Airbus Defense and Space S.A. inspection of the inboard and outboard economic impact, positive or negative, Model CN–235, CN–235–100, CN–235– control rod fittings of the RH and LH on a substantial number of small entities 200, and CN–235–300 airplanes. The side ailerons for cracks and corrosion, under the criteria of the Regulatory MCAI states: and contacting Airbus Military for Flexibility Act. repair instructions. This service List of Subjects in 14 CFR Part 39 A CN–235 operator recently reported information is reasonably available finding, during scheduled maintenance tasks, because the interested parties have Air transportation, Aircraft, Aviation cracks on the lugs of the control rod fittings (inboard and outboard) of the ailerons [Right access to it through their normal course safety, Incorporation by reference, Hand (RH) and Left Hand (LH) side] of two of business or by the means identified Safety. in the ADDRESSES section. aeroplanes. At the time of the finding, the Adoption of the Amendment two affected aeroplanes had accumulated Costs of Compliance between 16 000 and 17 000 flight hours (FH), Accordingly, under the authority around 6 000 flight cycles and had been in We estimate that this AD affects 24 delegated to me by the Administrator, service for 20 years. Following the airplanes of U.S. registry. the FAA amends 14 CFR part 39 as investigation results, it was determined that We also estimate that it will take follows: these cracks were due to stress corrosion. about 30 work-hours per product to This condition, if not detected and comply with the basic requirements of PART 39—AIRWORTHINESS corrected, could lead to aileron fittings this AD. The average labor rate is $85 DIRECTIVES failure, possibly resulting in reduced control per work-hour. Based on these figures, of the aeroplane. ■ To address this unsafe condition and verify we estimate the cost of this AD on U.S. 1. The authority citation for part 39 the integrity of the fittings, EADS–CASA operators to be $61,200, or $2,550 per continues to read as follows: (Airbus Military) issued Alert Operators product. Authority: 49 U.S.C. 106(g), 40113, 44701. Transmission (AOT) CN235–57–0001 to Authority for This Rulemaking provide instructions for a one-time Non- § 39.13 [Amended] Destructive (NDT) inspection of the affected Title 49 of the United States Code ■ fittings for cracks and corrosion. specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding For the reasons described above, this rules on aviation safety. Subtitle I, the following new airworthiness [EASA] AD requires a one-time NDT section 106, describes the authority of directive (AD): inspection of the affected aileron fittings and, the FAA Administrator. ‘‘Subtitle VII: 2016–06–11 Airbus Defense and Space S.A. if discrepancies are detected, Aviation Programs,’’ describes in more (formerly known as Construcciones accomplishment of applicable corrective detail the scope of the Agency’s Aeronauticas, S.A.): Amendment 39– action(s) [repair of any cracked or corroded 18442. Docket No. FAA–2015–3636; parts]. authority. We are issuing this rulemaking under Directorate Identifier 2015–NM–043–AD. You may examine the MCAI in the the authority described in ‘‘Subtitle VII, (a) Effective Date AD docket on the Internet at http:// Part A, Subpart III, Section 44701: This AD becomes effective May 3, 2016. www.regulations.gov by searching for General requirements.’’ Under that and locating Docket No. FAA–2015– section, Congress charges the FAA with (b) Affected ADs 3636. promoting safe flight of civil aircraft in None. Comments air commerce by prescribing regulations (c) Applicability for practices, methods, and procedures This AD applies to Airbus Defense and We gave the public the opportunity to the Administrator finds necessary for Space S.A. (formerly known as participate in developing this AD. We safety in air commerce. This regulation Construcciones Aeronauticas, S.A.) Model received no comments on the NPRM (80 is within the scope of that authority CN–235, CN–235–100, CN–235–200, and FR 58224, September 28, 2015) or on the because it addresses an unsafe condition CN–235–300 airplanes, certificated in any determination of the cost to the public. that is likely to exist or develop on category, all manufacturer serial numbers.

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(d) Subject (2) Contacting the Manufacturer: For any DEPARTMENT OF TRANSPORTATION Air Transport Association (ATA) of requirement in this AD to obtain corrective America Code 57, Wings. actions from a manufacturer, the action must Federal Aviation Administration be accomplished using a method approved (e) Reason by the Manager, International Branch, ANM– 14 CFR Part 39 This AD was prompted by a report of 116, Transport Airplane Directorate, FAA; or [Docket No. FAA–2015–2966; Directorate cracks on the lugs of the inboard and the EASA; or Airbus Defense and Space outboard control rod fittings of the right hand Identifier 2015–NM–051–AD; Amendment S.A.’s EASA DOA. If approved by the DOA, (RH) and left hand (LH) side ailerons. We are 39–18441; AD 2016–06–10] issuing this AD to detect and correct cracks the approval must include the DOA- and corrosion on the lugs of the inboard and authorized signature. RIN 2120–AA64 outboard control rod fittings of the RH and (i) Related Information LH side ailerons, which could lead to Airworthiness Directives; The Boeing reduced controllability of the airplane. Refer to Mandatory Continuing Company Airplanes Airworthiness Information (MCAI) EASA AD (f) Compliance AGENCY: Federal Aviation 2015–0040, dated March 6, 2015, for related Administration (FAA), DOT. Comply with this AD within the information. This MCAI may be found in the compliance times specified, unless already AD docket on the Internet at http:// ACTION: Final rule. done. www.regulations.gov by searching for and SUMMARY: We are adopting a new (g) One-Time Non-Destructive Test (NDT) locating Docket No. FAA–2015–3636. Inspection airworthiness directive (AD) for certain (j) Material Incorporated by Reference The Boeing Company Model 787–8 (1) At the later of the compliance times specified in paragraph (g)(1)(i) or (g)(1)(ii) of (1) The Director of the Federal Register airplanes. This AD was prompted by a this AD: Do a one-time NDT inspection of the approved the incorporation by reference report of fuel leaking onto the hot inboard and outboard control rod fittings of (IBR) of the service information listed in this exhaust portion of an engine as a result the RH and LH side ailerons for cracks, and paragraph under 5 U.S.C. 552(a) and 1 CFR of an unintended leak path from the a one-time general visual inspection for part 51. leading edge through the pylon. This corrosion, in accordance with Airbus (2) You must use this service information AD requires installing new seal dams in Military Alert Operators Transmission (AOT) the inboard and outboard corners of the AOT–CN235–57–0001, Revision 1, dated as applicable to do the actions required by March 14, 2014. this AD, unless this AD specifies otherwise. aft pylon frame on the left and right (i) Before exceeding 8,000 flight hours or (i) Airbus Military Alert Operators engines, including an inspection for 10 years since first flight of the airplane, Transmission (AOT) AOT–CN235–57–0001, damage of the outboard blade seal and whichever occurs first. Revision 1, dated March 14, 2014. applicable corrective actions. We are (ii) Within 3 months after the effective date (ii) Reserved. issuing this AD to prevent fuel leaking of this AD. (3) For service information identified in from an unintended drain path from the (2) If any crack or corrosion is found this AD, contact EADS–CASA, Military leading edge through either the left or during any inspection required by paragraph Transport Aircraft Division (MTAD), right pylon and onto the hot engine (g)(1) of this AD, before further flight, contact Integrated Customer Services (ICS), the Manager, International Branch, ANM– parts or brakes, which could lead to a ´ 116, Transport Airplane Directorate, FAA; or Technical Services, Avenida de Aragon 404, major ground fire. the European Aviation Safety Agency 28022 Madrid, Spain; telephone: +34 91 585 DATES: This AD is effective May 3, 2016. (EASA); or Airbus Defense and Space S.A.’s 55 84; fax: +34 91 585 55 05; email: The Director of the Federal Register EASA Design Organization Approval (DOA) [email protected]; approved the incorporation by reference for approved repair instructions, and before Internet: http://www.eads.net. of certain publication listed in this AD further flight, accomplish the repair (4) You may view this service information as of May 3, 2016. accordingly. at the FAA, Transport Airplane Directorate, ADDRESSES: For service information (h) Other FAA AD Provisions 1601 Lind Avenue SW., Renton, WA. For information on the availability of this identified in this final rule, contact The following provisions also apply to this material at the FAA, call 425–227–1221. Boeing Commercial Airplanes, AD: Attention: Data & Services Management, (1) Alternative Methods of Compliance (5) You may view this service information (AMOCs): The Manager, International that is incorporated by reference at the P.O. Box 3707, MC 2H–65, Seattle, WA Branch, ANM–116, Transport Airplane National Archives and Records 98124–2207; telephone 206–544–5000, Directorate, FAA, has the authority to Administration (NARA). For information on extension 1; fax 206–766–5680; Internet approve AMOCs for this AD, if requested the availability of this material at NARA, call https://www.myboeingfleet.com. You using the procedures found in 14 CFR 39.19. 202–741–6030, or go to: http:// may view this referenced service In accordance with 14 CFR 39.19, send your www.archives.gov/federal-register/cfr/ibr- information at the FAA, Transport request to your principal inspector or local locations.html. Airplane Directorate, 1601 Lind Avenue Flight Standards District Office, as SW., Renton, WA. For information on Issued in Renton, Washington, on March appropriate. If sending information directly the availability of this material at the to the International Branch, send it to ATTN: 16, 2016. FAA, call 425–227–1221. It is also Shahram Daneshmandi, Aerospace Engineer, Michael Kaszycki, International Branch, ANM–116, Transport available on the Internet at http:// Airplane Directorate, FAA, 1601 Lind Acting Manager, Transport Airplane www.regulations.gov by searching for Avenue SW., Renton, WA 98057–3356; Directorate, Aircraft Certification Service. and locating Docket No. FAA–2015– telephone: 425–227–1112; fax: 425–227– [FR Doc. 2016–06622 Filed 3–28–16; 8:45 am] 2966. 1149. Information may be emailed to: 9- BILLING CODE 4910–13–P [email protected]. Examining the AD Docket Before using any approved AMOC, notify You may examine the AD docket on your appropriate principal inspector, or the Internet at http:// lacking a principal inspector, the manager of the local flight standards district office/ www.regulations.gov by searching for certificate holding district office. The AMOC and locating Docket No. FAA–2015– approval letter must specifically reference 2966; or in person at the Docket this AD. Management Facility between 9 a.m.

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and 5 p.m., Monday through Friday, December 3, 2015, for accomplishing represents an appropriate interval in except Federal holidays. The AD docket the actions in the NPRM. ANA stated which the inboard and outboard seal contains this AD, the regulatory that there are several errors in the dams can be installed in a timely evaluation, any comments received, and referenced service information. Boeing manner within the fleet, while still other information. The address for the stated that a revision would be issued to maintaining an adequate level of safety. Docket Office (phone: 800–647–5527) is incorporate minor clarifications, and to Most ADs, including this one, permit Docket Management Facility, U.S. update the effectivity. operators to accomplish the Department of Transportation, Docket We agree to reference Boeing Alert requirements of an AD at a time earlier Operations, M–30, West Building Service Bulletin B787–81205– than the specified compliance time; Ground Floor, Room W12–140, 1200 SB540004–00, Issue 002, dated therefore, an operator may choose to New Jersey Avenue SE., Washington, December 3, 2015, in this AD. Since we install the inboard and outboard seal DC 20590. published the NPRM, Boeing issued dams before the 60-month compliance FOR FURTHER INFORMATION CONTACT: Alert Service Bulletin B787–81205– time specified in paragraph (g) of this Sherry Vevea, Aerospace Engineer, SB540004–00, Issue 002, dated AD. If additional data are presented that Propulsion Branch, ANM–140S, FAA, December 3, 2015. That revision would justify a shorter compliance time, Seattle Aircraft Certification Office removes three airplanes from the we may consider further rulemaking on (ACO), 1601 Lind Avenue SW., Renton, effectivity, and clarifies certain this issue. We have not changed this AD WA 98057–3356; phone: 425–917–6514; instructions as a result of feedback in this regard. fax: 425–917–6590; email: reported by operators after [email protected]. incorporation of Boeing Alert Service Conclusion SUPPLEMENTARY INFORMATION: Bulletin B787–81205–SB540004–00, We reviewed the relevant data, Issue 001, dated October 24, 2014. Discussion considered the comments received, and Boeing Alert Service Bulletin B787– determined that air safety and the We issued a notice of proposed 81205–SB540004–00, Issue 001, dated public interest require adopting this AD rulemaking (NPRM) to amend 14 CFR October 24, 2014, was specified as the with the changes described previously part 39 by adding an AD that would appropriate source of service and minor editorial changes. We have apply to certain The Boeing Company information for accomplishing the determined that these minor changes: Model 787–8 airplanes. The NPRM actions in the NPRM. • Are consistent with the intent that published in the Federal Register on We have changed paragraphs (c) and was proposed in the NPRM for July 30, 2015 (80 FR 45460) (‘‘the (g) of this AD to specify Boeing Alert correcting the unsafe condition; and NPRM’’). The NPRM was prompted by Service Bulletin B787–81205– • a report of fuel leaking onto the hot SB540004–00, Issue 002, dated Do not add any additional burden exhaust portion of an engine as a result December 3, 2015. We have also added upon the public than was already of an unintended leak path from the a new paragraph (h) of this AD to give proposed in the NPRM. leading edge through the pylon. The credit for actions done before the We also determined that these NPRM proposed to require installing effective date of this AD using Boeing changes will not increase the economic new seal dams in the inboard and Alert Service Bulletin B787–81205– burden on any operator or increase the outboard corners of the aft pylon frame SB540004–00, Issue 001, dated October scope of this AD. on the left and right engines, including 24, 2014; and redesignated subsequent an inspection for damage of the paragraphs accordingly. Related Service Information Under 1 CFR Part 51 outboard blade seal and applicable Request To Reduce the Compliance corrective actions. We are issuing this Time We reviewed Boeing Alert Service AD to prevent fuel leaking from an Bulletin B787–81205–SB540004–00, unintended drain path from the leading The Air Line Pilots Association (ALPA) International asked that we Issue 002, dated December 3, 2015. This edge through either the left or right service information describes pylon and onto the hot engine parts or reduce the compliance time specified in the proposed AD (the proposed procedures for installing new seal dams brakes, which could lead to a major in the inboard and outboard corners of ground fire. compliance time is within 60 months after the effective date of this AD). the aft pylon frame on the left and right Comments ALPA stated that the severity of a fuel engines, doing a general visual inspection to detect damage of the We gave the public the opportunity to leak from the leading edge through the outboard blade seal, and doing participate in developing this AD. The pylon and onto the hot exhaust part of corrective actions. This service following presents the comments the engines warrants a shorter information is reasonably available received on the NPRM and the FAA’s compliance time to correct this problem. because the interested parties have response to each comment. United We do not agree with the commenter’s access to it through their normal course Airlines concurred with the content of request to reduce the compliance time. of business or by the means identified the NPRM. In developing an appropriate compliance time, we considered the in the ADDRESSES section. Request To Add Revised Service safety implications and normal Costs of Compliance Information maintenance schedules for timely Boeing and All Nippon Airways installation of inboard and outboard seal We estimate that this AD affects 17 (ANA) asked that we reference Boeing dams. In consideration of all of these airplanes of U.S. registry. Alert Service Bulletin B787–81205– factors, we determined that the We estimate the following costs to SB540004–00, Issue 002, dated compliance time, as proposed, comply with this AD:

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ESTIMATED COSTS

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

Installation of seal dams ... Up to 22 work-hours × $85 Up to $14,611 ...... Up to $16,481 ...... Up to $280,177. per hour = $1,870.

According to the manufacturer, some List of Subjects in 14 CFR Part 39 inboard and outboard corners of the aft pylon frame on the left and right engines, including of the costs of this AD may be covered Air transportation, Aircraft, Aviation under warranty, thereby reducing the a general visual inspection to detect damage safety, Incorporation by reference, of the outboard blade seal, and do all cost impact on affected individuals. We Safety. do not control warranty coverage for applicable corrective actions, in accordance Adoption of the Amendment with the Accomplishment Instructions of affected individuals. As a result, we Boeing Alert Service Bulletin B787–81205– have included all costs in our cost Accordingly, under the authority SB540004–00, Issue 002, dated December 3, estimate. delegated to me by the Administrator, 2015. Do all applicable corrective actions Authority for This Rulemaking the FAA amends 14 CFR part 39 as before further flight, in accordance with the follows: Accomplishment Instructions of Boeing Alert Title 49 of the United States Code Service Bulletin B787–81205–SB540004–00, specifies the FAA’s authority to issue PART 39—AIRWORTHINESS Issue 002, dated December 3, 2015. rules on aviation safety. Subtitle I, DIRECTIVES (h) Credit for Previous Actions section 106, describes the authority of ■ 1. The authority citation for part 39 This paragraph provides credit for actions the FAA Administrator. Subtitle VII: continues to read as follows: required by paragraph (g) of this AD, if those Aviation Programs, describes in more actions were performed before the effective detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. date of this AD using Boeing Alert Service Bulletin B787–81205–SB540004–00, Issue authority. § 39.13 [Amended] 001, dated October 24, 2014; which is not We are issuing this rulemaking under ■ 2. The FAA amends § 39.13 by adding incorporated by reference in this AD. the authority described in Subtitle VII, the following new airworthiness (i) Alternative Methods of Compliance Part A, Subpart III, Section 44701: directive (AD): ‘‘General requirements.’’ Under that (AMOCs) section, Congress charges the FAA with 2016–06–10 The Boeing Company: (1) The Manager, Seattle Aircraft promoting safe flight of civil aircraft in Amendment 39–18441; Docket No. Certification Office (ACO), FAA, has the FAA–2015–2966; Directorate Identifier authority to approve AMOCs for this AD, if air commerce by prescribing regulations 2015–NM–051–AD. for practices, methods, and procedures requested using the procedures found in 14 the Administrator finds necessary for (a) Effective Date CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector safety in air commerce. This regulation This AD is effective May 3, 2016. or local Flight Standards District Office, as is within the scope of that authority (b) Affected ADs appropriate. If sending information directly because it addresses an unsafe condition to the manager of the ACO, send it to the None. that is likely to exist or develop on attention of the person identified in products identified in this rulemaking (c) Applicability paragraph (j)(1) of this AD. Information may action. This AD applies to The Boeing Company be emailed to: 9-ANM-Seattle-ACO-AMOC- [email protected]. Regulatory Findings Model 787–8 airplanes, certificated in any category, as identified in Boeing Alert (2) Before using any approved AMOC, notify your appropriate principal inspector, This AD will not have federalism Service Bulletin B787–81205–SB540004–00, Issue 002, dated December 3, 2015. or lacking a principal inspector, the manager implications under Executive Order of the local flight standards district office/ 13132. This AD will not have a (d) Subject certificate holding district office. substantial direct effect on the States, on Air Transport Association (ATA) of (3) An AMOC that provides an acceptable the relationship between the national America Code 54, Nacelles/pylons. level of safety may be used for any repair, government and the States, or on the modification, or alteration required by this (e) Unsafe Condition distribution of power and AD if it is approved by the Boeing responsibilities among the various This AD was prompted by a report of fuel Commercial Airplanes Organization Designation Authorization (ODA) that has levels of government. leaking onto the hot exhaust portion of the engine as a result of an unintended leak path been authorized by the Manager, Seattle For the reasons discussed above, I from the leading edge through the pylon. We ACO, to make those findings. To be certify that this AD: are issuing this AD to prevent fuel leaking approved, the repair method, modification deviation, or alteration deviation must meet (1) Is not a ‘‘significant regulatory from an unintended drain path from the leading edge through either the left or right the certification basis of the airplane, and the action’’ under Executive Order 12866, pylon and onto the hot engine parts or approval must specifically refer to this AD. (2) Is not a ‘‘significant rule’’ under brakes, which could lead to a major ground (j) Related Information DOT Regulatory Policies and Procedures fire. (1) For more information about this AD, (44 FR 11034, February 26, 1979), (f) Compliance contact Sherry Vevea, Aerospace Engineer, (3) Will not affect intrastate aviation Comply with this AD within the Propulsion Branch, ANM–140S, FAA, Seattle in Alaska, and compliance times specified, unless already ACO, 1601 Lind Avenue SW., Renton, WA done. 98057–3356; phone: 425–917–6514; fax: 425– (4) Will not have a significant 917–6590; email: [email protected]. economic impact, positive or negative, (g) Installation of Inboard and Outboard (2) Service information identified in this on a substantial number of small entities Seal Dams AD that is not incorporated by reference is under the criteria of the Regulatory Within 60 months after the effective date available at the addresses specified in Flexibility Act. of this AD, install new seal dams in the paragraphs (k)(3) and (k)(4) of this AD.

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(k) Material Incorporated by Reference latching mechanism of the potable water series airplanes. The NPRM published (1) The Director of the Federal Register service panel access door, which could in the Federal Register on November 27, approved the incorporation by reference result in the loss of the potable water 2015 (80 FR 74042) (‘‘the NPRM’’). (IBR) of the service information listed in this service panel access door during flight, The European Aviation Safety Agency paragraph under 5 U.S.C. 552(a) and 1 CFR and resultant damage to the airplane (EASA), which is the Technical Agent part 51. (e.g., damage to the trimmable for the Member States of the European (2) You must use this service information horizontal stabilizer) that could cause Union, has issued EASA Airworthiness as applicable to do the actions required by Directive 2015–0028R1, dated May 29, this AD, unless the AD specifies otherwise. loss of control of the airplane. (i) Boeing Alert Service Bulletin B787– DATES: This AD becomes effective May 2015, dated (referred to after this as the 81205–SB540004–00, Issue 002, dated 3, 2016. Mandatory Continuing Airworthiness December 3, 2015. The Director of the Federal Register Information, or ‘‘the MCAI’’), to correct (ii) Reserved. approved the incorporation by reference an unsafe condition for certain Airbus (3) For service information identified in of certain publications listed in this AD Model A330–200 and –300 series this AD, contact Boeing Commercial as of May 3, 2016. airplanes; and all Model A340–200, Airplanes, Attention: Data & Services ADDRESSES: For service information –300, –500, and –600 series airplanes. Management, P.O. Box 3707, MC 2H–65, The MCAI states: Seattle, WA 98124–2207; telephone 206– identified in this final rule, contact 544–5000, extension 1; fax 206–766–5680; Airbus SAS, Airworthiness Office— Several cases have been reported in which Internet https://www.myboeingfleet.com. EAL, 1 Rond Point Maurice Bellonte, the potable water service panel access door (4) You may view this service information 31707 Blagnac Cedex, France; telephone was lost during flight, causing damage to the at FAA, Transport Airplane Directorate, 1601 +33 5 61 93 36 96; fax +33 5 61 93 45 trimmable horizontal stabilizer. The results of subsequent investigations showed that Lind Avenue SW., Renton, WA. For 80; email airworthiness.A330-A340@ information on the availability of this these events were due to failure of the airbus.com; Internet http:// latching mechanism of the potable water material at the FAA, call 425–227–1221. www.airbus.com. You may view this (5) You may view this service information service panel access door. that is incorporated by reference at the referenced service information at the This condition, if not corrected, could lead National Archives and Records FAA, Transport Airplane Directorate, to further cases of in-flight loss of the potable Administration (NARA). For information on 1601 Lind Avenue SW., Renton, WA. water service panel access door, possibly resulting in injury to persons on ground and/ the availability of this material at NARA, call For information on the availability of or damage to the aeroplane [(e.g., damage to 202–741–6030, or go to: http:// this material at the FAA, call 425–227– the trimmable horizontal stabilizer)]. www.archives.gov/federal-register/cfr/ibr- 1221. It is also available on the Internet To address this condition, Airbus locations.html. at http://www.regulations.gov by developed a modification and published Issued in Renton, Washington, on March searching for and locating Docket No. Service Bulletin (SB) A330–52–3086, SB 14, 2016. FAA–2015–5815. A340–52–4094 and SB A340–52–5019, to provide instructions for in-service Michael Kaszycki, Examining the AD Docket Acting Manager, Transport Airplane accomplishment of that modification. Directorate, Aircraft Certification Service. You may examine the AD docket on Consequently, EASA issued [an] AD * * * to require modification of the potable water [FR Doc. 2016–06401 Filed 3–28–16; 8:45 am] the Internet at http:// www.regulations.gov by searching for service panel access door 164AR for A330/ BILLING CODE 4910–13–P A340–200/-300 aeroplanes or 154BR for and locating Docket No. FAA–2015– A340–500/-600 aeroplanes, which includes 5815; or in person at the Docket installation of reinforced hinge screws and DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m. more robust latches. and 5 p.m., Monday through Friday, Since that [EASA] AD was issued, it was Federal Aviation Administration except Federal holidays. The AD docket determined that aeroplanes that have contains this AD, the regulatory embodied Airbus Mod 201938 (Improvement 14 CFR Part 39 evaluation, any comments received, and of latching mechanism of potable water other information. The street address for service panel) are also not affected by the [Docket No. FAA–2015–5815; Directorate requirements of this [EASA] AD. Identifier 2015–NM–039–AD; Amendment the Docket Office (telephone 800–647– For the reason described above, this 39–18443; AD 2016–06–12] 5527) is Docket Management Facility, [EASA] AD is revised to exclude post-mod U.S. Department of Transportation, 201938 aeroplanes from the Applicability. RIN 2120–AA64 Docket Operations, M–30, West You may examine the MCAI in the Building Ground Floor, Room W12–140, AD docket on the Internet at http:// Airworthiness Directives; Airbus 1200 New Jersey Avenue SE., www.regulations.gov by searching for Airplanes Washington, DC 20590. and locating Docket No. FAA–2015– AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: 5815. Administration (FAA), Department of Vladimir Ulyanov, Aerospace Engineer, Transportation (DOT). International Branch, ANM–116, Comments ACTION: Final rule. Transport Airplane Directorate, FAA, We gave the public the opportunity to 1601 Lind Avenue SW., Renton, WA participate in developing this AD. We SUMMARY: We are adopting a new 98057–3356; telephone 425–227–1138; received no comments on the NPRM or airworthiness directive (AD) for certain fax 425–227–1149. on the determination of the cost to the Airbus Model A330–200 and –300 series SUPPLEMENTARY INFORMATION: public. airplanes; and all Model A340–200, –300, –500, and –600 series airplanes. Discussion Conclusion This AD was prompted by reports that We issued a notice of proposed We reviewed the relevant data and the potable water service panel access rulemaking (NPRM) to amend 14 CFR determined that air safety and the door was lost during flight. This AD part 39 by adding an AD that would public interest require adopting this AD requires modifying affected potable apply to certain Airbus Model A330– as proposed except for minor editorial water service panel access doors. We are 200 and –300 series airplanes; and all changes. We have determined that these issuing this AD to prevent failure of the Model A340–200, –300, –500, and –600 minor changes:

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• Are consistent with the intent that products identified in this rulemaking (2) Airbus Model A340–211, –212, –213, was proposed in the NPRM for action. –311, –312, –313, –541, and –642 airplanes, correcting the unsafe condition; and all manufacturing serial numbers. Regulatory Findings • Do not add any additional burden (d) Subject upon the public than was already We determined that this AD will not Air Transport Association (ATA) of proposed in the NPRM. have federalism implications under America Code 52, Doors. Executive Order 13132. This AD will Related Service Information Under 1 not have a substantial direct effect on (e) Reason CFR Part 51 the States, on the relationship between This AD was prompted by reports that the Airbus has issued the following the national government and the States, potable water service panel access door was service information. or on the distribution of power and lost during flight. We are issuing this AD to • Airbus Service Bulletin A330–52– prevent failure of the latching mechanism of responsibilities among the various the potable water service panel access door, 3086, Revision 01, dated April 25, 2014. levels of government. • which could result in the loss of the potable Airbus Service Bulletin A340–52– For the reasons discussed above, I water service panel access door during flight, 4094, Revision 01, dated April 25, 2014. certify that this AD: and resultant damage to the airplane (e.g., • Airbus Service Bulletin A340–52– 1. Is not a ‘‘significant regulatory damage to the trimmable horizontal 5019, Revision 01, dated April 25, 2014. action’’ under Executive Order 12866; stabilizer) that could cause loss of control of The service information describes 2. Is not a ‘‘significant rule’’ under the the airplane. procedures for modifying the affected DOT Regulatory Policies and Procedures (f) Compliance potable water service panel access door. (44 FR 11034, February 26, 1979); This service information is reasonably Comply with this AD within the 3. Will not affect intrastate aviation in compliance times specified, unless already available because the interested parties Alaska; and done. have access to it through their normal 4. Will not have a significant course of business or by the means economic impact, positive or negative, (g) Modification identified in the ADDRESSES section. on a substantial number of small entities (1) Except as required by paragraph (g)(2) of this AD, within 36 months after the Costs of Compliance under the criteria of the Regulatory Flexibility Act. effective date of this AD, modify the affected We estimate that this AD affects 63 potable water service panel access door, in airplanes of U.S. registry. List of Subjects in 14 CFR Part 39 accordance with the Accomplishment We also estimate that it will take Instructions of the service information Air transportation, Aircraft, Aviation identified in paragraph (g)(1)(i), (g)(1)(ii), or about 21 work-hours per product to safety, Incorporation by reference, (g)(1)(iii) of this AD, as applicable to airplane comply with the basic requirements of Safety. type and model. this AD. The average labor rate is $85 (i) Airbus Service Bulletin A330–52–3086, per work-hour. Required parts will cost Adoption of the Amendment Revision 01, dated April 25, 2014. about $15,280 per product. Based on Accordingly, under the authority (ii) Airbus Service Bulletin A340–52–4094, these figures, we estimate the cost of delegated to me by the Administrator, Revision 01, dated April 25, 2014. this AD on U.S. operators to be the FAA amends 14 CFR part 39 as (iii) Airbus Service Bulletin A340–52– $1,075,095, or $17,065 per product. 5019, Revision 01, dated April 25, 2014. follows: (2) For airplanes that have already been According to the manufacturer, some modified before the effective date of this AD, of the costs of this AD may be covered PART 39—AIRWORTHINESS as specified in the service information under warranty, thereby reducing the DIRECTIVES identified in paragraph (g)(2)(i), (g)(2)(ii), or cost impact on affected individuals. We (g)(2)(iii) of this AD, as applicable to airplane do not control warranty coverage for ■ 1. The authority citation for part 39 type and model: Within 16 months after the affected individuals. As a result, we continues to read as follows: effective date of this AD, modify the potable have included all costs in our cost Authority: 49 U.S.C. 106(g), 40113, 44701. water service panel access door by estimate. accomplishing the actions identified as § 39.13 [Amended] ‘‘additional work,’’ as specified in and in Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding accordance with the Accomplishment Instructions of the service information Title 49 of the United States Code the following new airworthiness identified in paragraph (g)(1)(i), (g)(1)(ii), or specifies the FAA’s authority to issue directive (AD): (g)(1)(iii) of this AD, as applicable to airplane rules on aviation safety. Subtitle I, 2016–06–12 Airbus: Amendment 39–18443. type and model. section 106, describes the authority of Docket No. FAA–2015–5815; Directorate (i) Airbus Service Bulletin A330–52–3086, the FAA Administrator. Identifier 2015–NM–039–AD. dated April 27, 2012. ‘‘Subtitle VII: Aviation Programs,’’ (ii) Airbus Service Bulletin A340–52–4094, (a) Effective Date describes in more detail the scope of the dated April 27, 2012. Agency’s authority. This AD becomes effective May 3, 2016. (iii) Airbus Service Bulletin A340–52– 5019, dated May 29, 2012. We are issuing this rulemaking under (b) Affected ADs (h) Other FAA AD Provisions the authority described in ‘‘Subtitle VII, None. Part A, Subpart III, Section 44701: The following provisions also apply to this General requirements.’’ Under that (c) Applicability AD: section, Congress charges the FAA with This AD applies to the airplanes identified (1) Alternative Methods of Compliance promoting safe flight of civil aircraft in in paragraphs (c)(1) and (c)(2) of this AD, (AMOCs): The Manager, International air commerce by prescribing regulations certificated in any category. Branch, ANM–116, Transport Airplane for practices, methods, and procedures (1) Airbus Model A330–201, –202, –203, Directorate, FAA, has the authority to –223, –243, –301, –302, –303, –321, –322, approve AMOCs for this AD, if requested the Administrator finds necessary for –323, –341, –342, and –343 airplanes, all using the procedures found in 14 CFR 39.19. safety in air commerce. This regulation manufacturer serial numbers, except those on In accordance with 14 CFR 39.19, send your is within the scope of that authority which Airbus modification 201715, or Airbus request to your principal inspector or local because it addresses an unsafe condition modification 201796, or Airbus modification Flight Standards District Office, as that is likely to exist or develop on 201938 has been embodied in production. appropriate. If sending information directly

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to the International Branch, send it to ATTN: 1601 Lind Avenue SW., Renton, WA. For federal_register/code_of_federal- Vladimir Ulyanov, Aerospace Engineer, information on the availability of this regulations/ibr_locations.html. International Branch, ANM–116, Transport material at the FAA, call 425–227–1221. FAA Order 7400.9, Airspace Airplane Directorate, FAA, 1601 Lind (5) You may view this service information Designations and Reporting Points, is Avenue SW., Renton, WA 98057–3356; that is incorporated by reference at the published yearly and effective on telephone 425–227–1138; fax 425–227–1149. National Archives and Records Information may be emailed to: 9-ANM-116- Administration (NARA). For information on September 15. [email protected]. Before using the availability of this material at NARA, call FOR FURTHER INFORMATION CONTACT: any approved AMOC, notify your appropriate 202–741–6030, or go to: http:// Turan Wright, Federal Aviation principal inspector, or lacking a principal www.archives.gov/federal-register/cfr/ibr- Administration, Operations Support inspector, the manager of the local flight locations.html. Group, Western Service Center, 1601 standards district office/certificate holding Issued in Renton, Washington, on March Lind Avenue SW., Renton, WA 98057; district office. The AMOC approval letter 16, 2016. telephone (425) 203–4553. must specifically reference this AD. SUPPLEMENTARY INFORMATION: (2) Contacting the Manufacturer: For any Michael Kaszycki, requirement in this AD to obtain corrective Acting Manager, Transport Airplane Authority for This Rulemaking actions from a manufacturer, the action must Directorate, Aircraft Certification Service. The FAA’s authority to issue rules be accomplished using a method approved [FR Doc. 2016–06524 Filed 3–28–16; 8:45 am] regarding aviation safety is found in by the Manager, International Branch, ANM– BILLING CODE 4910–13–P 116, Transport Airplane Directorate, FAA; or Title 49 of the United States Code. the European Aviation Safety Agency Subtitle I, Section 106 describes the (EASA); or Airbus’s EASA Design DEPARTMENT OF TRANSPORTATION authority of the FAA Administrator. Organization Approval (DOA). If approved by Subtitle VII, Aviation Programs, the DOA, the approval must include the Federal Aviation Administration describes in more detail the scope of the DOA-authorized signature. agency’s authority. This rulemaking is (3) Required for Compliance (RC): If any promulgated under the authority service information contains procedures or 14 CFR Part 71 tests that are identified as RC, those described in Subtitle VII, Part A, [Docket No. FAA–2015–3772; Airspace Subpart I, Section 40103. Under that procedures and tests must be done to comply Docket No. 15–ANM–21] with this AD; any procedures or tests that are section, the FAA is charged with not identified as RC are recommended. Those Amendment of Class E Airspace; prescribing regulations to assign the use procedures and tests that are not identified Butte, MT of airspace necessary to ensure the as RC may be deviated from using accepted safety of aircraft and the efficient use of methods in accordance with the operator’s AGENCY: Federal Aviation airspace. This regulation is within the maintenance or inspection program without Administration (FAA), DOT. scope of that authority as it amends obtaining approval of an AMOC, provided ACTION: Final rule. controlled airspace at Bert Mooney the procedures and tests identified as RC can Airport, Butte, MT. be done and the airplane can be put back in SUMMARY: This action modifies Class E an airworthy condition. Any substitutions or History changes to procedures or tests identified as surface area airspace and Class E RC require approval of an AMOC. airspace extending upward from 700 On December 18, 2015, the FAA feet above the surface at Bert Mooney published in the Federal Register a (i) Related Information Airport, Butte, MT. After a review, the notice of proposed rulemaking (NPRM) Refer to Mandatory Continuing FAA found it necessary to amend the to modify Class E surface area airspace Airworthiness Information (MCAI) EASA standard instrument approach and Class E airspace extending upward Airworthiness Directive 2015–0028R1, dated procedures for the safety and from 700 feet above the surface at Bert May 29, 2015, for related information. This management of Instrument Flight Rules Mooney Airport, Butte, MT (80 FR MCAI may be found in the AD docket on the 78986) FAA–2015–3772. Interested Internet at http://www.regulations.gov by (IFR) operations at the airport. searching for and locating Docket No. FAA- DATES: Effective 0901 UTC, May 26, parties were invited to participate in 2015–5815. 2016. The Director of the Federal this rulemaking effort by submitting written comments on the proposal to the (j) Material Incorporated by Reference Register approves this incorporation by reference action under Title 1, Code of FAA. No comments were received. (1) The Director of the Federal Register Federal Regulations, part 51, subject to Class E airspace designations are approved the incorporation by reference the annual revision of FAA Order published in paragraph 6002 and 6005, (IBR) of the service information listed in this respectively, of FAA Order 7400.9Z, paragraph under 5 U.S.C. 552(a) and 1 CFR 7400.9 and publication of conforming amendments. dated August 6, 2015, and effective part 51. September 15, 2015, which is (2) You must use this service information ADDRESSES: FAA Order 7400.9Z, incorporated by reference in 14 CFR as applicable to do the actions required by Airspace Designations and Reporting this AD, unless this AD specifies otherwise. part 71.1. The Class E airspace (i) Airbus Service Bulletin A330–52–3086, Points, and subsequent amendments can designation listed in this document will be viewed online at http://www.faa.gov/ be published subsequently in the Order. Revision 01, dated April 25, 2014. _ (ii) Airbus Service Bulletin A340–52–4094, air traffic/publications/. For further Revision 01, dated April 25, 2014. information, you can contact the Availability and Summary of (iii) Airbus Service Bulletin A340–52– Airspace Policy Group, Federal Aviation Documents for Incorporation by 5019, Revision 01, dated April 25, 2014. Administration, 800 Independence Reference (3) For service information identified in Avenue SW., Washington, DC 20591; This document amends FAA Order this AD, contact Airbus SAS, Airworthiness telephone: 202–267–8783. The Order is 7400.9Z, Airspace Designations and Office—EAL, 1 Rond Point Maurice Bellonte, also available for inspection at the Reporting Points, dated August 6, 2015, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email National Archives and Records and effective September 15, 2015. FAA [email protected]; Administration (NARA). For Order 7400.9Z is publicly available as Internet http://www.airbus.com. information on the availability of FAA listed in the ADDRESSES section of this (4) You may view this service information Order 7400.9Z at NARA, call 202–741– document. FAA Order 7400.9Z lists at the FAA, Transport Airplane Directorate, 6030, or go to http://www.archives.gov/ Class A, B, C, D, and E airspace areas,

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air traffic service routes, and reporting no extraordinary circumstances exist 112°00′00″ W.; to Lat. 45°35′00″ N., Long. points. that warrant preparation of an 112°00′00″ W.; thence to point of beginning. environmental assessment. The Rule Issued in Seattle, Washington, on March 16, 2016. Lists of Subjects in 14 CFR Part 71 This amendment to Title 14, Code of Tracey Johnson, Federal Regulations (14 CFR) part 71 Airspace, Incorporation by reference, Manager, Operations Support Group, Western modifies Class E surface area airspace Navigation (air). Service Center. and Class E airspace extending upward [FR Doc. 2016–06935 Filed 3–28–16; 8:45 am] from 700 feet above the surface at Bert Adoption of the Amendment BILLING CODE 4910–13–P Mooney Airport, Butte, MT. Class E In consideration of the foregoing, the surface area airspace is increased Federal Aviation Administration upward from the surface within a 4.3- amends 14 CFR part 71 as follows: DEPARTMENT OF TRANSPORTATION mile radius of Bert Mooney Airport, with a segment extending to 11.5 miles PART 71—DESIGNATION OF CLASS A, Federal Aviation Administration to the northwest of the airport. Class E B, C, D, AND E AIRSPACE AREAS; AIR airspace extending upward from 700 TRAFFIC SERVICE ROUTES; AND 14 CFR Part 71 feet above the surface is modified to REPORTING POINTS within a 5.2-mile radius of Bert Mooney [Docket No. FAA–2015–7484; Airspace Airport, with a segment extending from ■ 1. The authority citation for Part 71 Docket No. 15–AGL–24] continues to read as follows: the 5.2-mile radius to 6 miles to the Amendment of Class D and Class E southeast, 20.7 miles to the north, and Authority: 49 U.S.C. 106(f), 106(g); 40103, Airspace for the Following Minnesota 27.5 miles to the northwest of the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Towns: Rochester, MN; and St. Cloud, airport. 1959–1963 Comp., p. 389. MN Class E airspace designations are § 71.1 [Amended] published in paragraph 6002 and 6005, AGENCY: Federal Aviation respectively, of FAA Order 7400.9Z, ■ 2. The incorporation by reference in Administration (FAA), DOT. dated August 6, 2015 and effective 14 CFR 71.1 of FAA Order 7400.9Z, ACTION: Final rule, delay of effective September 15, 2015, which is Airspace Designations and Reporting date, correction. incorporated by reference in 14 CFR Points, dated August 6, 2015, and 71.1. The Class D and Class E airspace effective September 15, 2015, is SUMMARY: This action changes the designations listed in this document amended as follows: effective date of a final rule published will be published subsequently in the in the Federal Register of February 8, Order. Paragraph 6002 Class E Airspace Areas 2016, amending Class E surface area Designated as an Extension. airspace and Class E airspace designated Regulatory Notices and Analyses * * * * * as an extension at Rochester The FAA has determined that this ANM MT E2 Butte, MT [Modified] International Airport, Rochester, MN; regulation only involves an established and St. Cloud Regional Airport, St. Bert Mooney Airport, MT body of technical regulations for which (Lat. 45°57′17″ N., long. 112°29′51″ W.) Cloud, MN. This correction adds the frequent and routine amendments are That airspace extending upward from the part-time Notice to Airmen (NOTAM) necessary to keep them operationally surface within a 4.3-mile radius of the Bert language inadvertently removed from current, is non-controversial and Mooney Airport, and within 4.3 miles south the Class E surface area descriptions for unlikely to result in adverse or negative of and parallel to the 309° bearing of the the above airports. Additionally, comments. It, therefore: (1) Is not a airport extending from the 4.3-mile radius to adjustment is made to the geographic ‘‘significant regulatory action’’ under the 11.5 miles northwest, thence clockwise coordinates of Rochester International along the 11.5-mile radius to 2.5 miles east Executive Order 12866; (2) is not a ° Airport in the Class D airspace and ‘‘significant rule’’ under DOT of and parallel to the 347 bearing from the Class E airspace extending upward from airport extending from the 4.3-mile radius to Regulatory Policies and Procedures (44 11.5 miles north of the airport. 700 feet above the surface. The Title is FR 11034; February 26, 1979); and (3) also amended to include Class D does not warrant preparation of a Paragraph 6005 Class E Airspace Areas airspace. Regulatory Evaluation as the anticipated Extending Upward From 700 Feet or More Above the Surface of the Earth. DATES: This correction is effective 0901 impact is so minimal. Since this is a UTC, April 28, 2016, and the effective * * * * * routine matter that only affects air traffic date of the rule amending 14 CFR part procedures and air navigation, it is ANM MT E5 Butte, MT [Modified] 71, published on February 8, 2016 (81 certified that this rule, when Bert Mooney Airport, MT FR 6448) is delayed to 0901 UTC April promulgated, does not have a significant (Lat. 45°57′17″ N., long. 112°29′51″ W.) 28, 2016. The Director of the Federal economic impact on a substantial That airspace extending upward from 700 Register approves this incorporation by number of small entities under the feet above the surface bounded by a line reference action under Title 1, Code of criteria of the Regulatory Flexibility Act. beginning at Lat. 46°17′24″ N., Long. ° ′ ″ ° ′ ″ Federal Regulations, part 51, subject to 112 44 15 W.; to Lat. 46 18 25 N., Long. the annual revision of FAA Order Environmental Review 112°30′26″ W.; to Lat. 45°55′41″ N., Long. 7400.9 and publication of conforming The FAA has determined that this 112°20′52″ W.; to Lat. 45°50′32″ N., Long. amendments. action qualifies for categorical exclusion 112°26′02″ W.; to Lat. 45°57′11″ N., Long. 112°47′54″ W.; to Lat. 46°11′45″ N., Long. FOR FURTHER INFORMATION CONTACT: under the National Environmental ° ′ ″ Policy Act in accordance with FAA 113 04 28 W.; thence to point of beginning; Jeffrey Claypool, Federal Aviation that airspace extending upward from 1,200 Order 1050.1F, ‘‘Environmental Administration, Operations Support feet above the surface bounded by a line Group, Central Service Center, 10101 Impacts: Policies and Procedures,’’ beginning at Lat. 45°35′00″ N., Long. paragraph 5–6.5a. This airspace action 113°05′00″ W.; to Lat. 46°37′00″ N., Long. Hillwood Parkway, Fort Worth, TX is not expected to cause any potentially 113°05′00″ W.; to Lat. 46°37′00″ N., Long. 76177; telephone (817) 222–5711. significant environmental impacts, and 112°26′00″ W.; to Lat. 46°16′00″ N., Long. SUPPLEMENTARY INFORMATION:

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History AGL MN E2 Rochester, MN [Corrected] Issued in Fort Worth, Texas, on March 21, 2016. On page 6449, column 3, after line 49, The Federal Register published a Robert W. Beck, add the following text: final rule amending Class E airspace at Manager, Operations Support Group, ATO Rochester International Airport, ‘‘This Class E airspace area is effective Central Service Center. Rochester, MN, and St. Cloud Regional during the specific dates and times [FR Doc. 2016–06932 Filed 3–28–16; 8:45 am] Airport, St. Cloud, MN (81 FR 6448, established by a Notice to Airmen. The BILLING CODE 4910–13–P February 8, 2016) Docket No. FAA– effective date and time will thereafter be 2015–7484. Subsequent to publication, continuously published in the Airport/ the FAA determined that the part-time Facility Directory.’’ DEPARTMENT OF TRANSPORTATION NOTAM language in the Class E surface AGL MN E2 St. Cloud, MN [Corrected] area description was inadvertently Federal Aviation Administration removed in error. Potential safety On page 6449, column 3, after line 59, concerns were identified due to the add the following text: 14 CFR Part 71 possibility for confusion in determining ‘‘This Class E airspace area is effective [Docket No. FAA–2016–0735; Airspace the operating rules and equipment during the specific dates and times Docket No. 16–ASO–2] requirements in the Rochester established by a Notice to Airmen. The International Airport and St. Cloud effective date and time will thereafter be Amendment of Class E Airspace for Regional Airport terminal areas. The continuously published in the Airport/ the Following Tennessee Towns: concerns were based on the opportunity Facility Directory.’’ Jackson, TN; Tri-Cities, TN for part-time Class D surface area AGENCY: airspace and continuous Class E surface On page 6450, column 1, after line 24, Federal Aviation area airspace to be active at the same add the following text: Administration (FAA), DOT. time. Paragraph 5000 Class D Airspace. ACTION: Final rule. To resolve these concerns, the FAA is * * * * * SUMMARY: This action amends Class E keeping the part-time NOTAM language AGL MN D Rochester, MN [Corrected] Airspace at McKellar-Sipes Regional in the Class E surface area description Airport, Jackson, TN, and Tri-Cities Rochester International Airport, MN to retain it as part-time airspace Regional Airport, Tri-Cities, TN, by (Lat. 43°54′30″ N., long. 92°30′00″ W.) supplementing the existing part-time eliminating the Notice to Airmen Class D surface area airspace at Rochester VOR/DME (Lat. 43°46′58″ N., long. 92°35′49″ W.) (NOTAM) part time status of the Class Rochester International Airport and St. E airspace designated as an extension at Cloud Regional Airport. Also, the FAA That airspace extending upward from the each airport. This is an administrative surface to and including 3,800 feet MSL found in amending the airport reference change to coincide with the FAA’s within a 4.3-mile radius of the Rochester point for the Rochester International aeronautical database. International Airport. This Class D airspace Airport, additional existing controlled area is effective during the specific dates and DATES: Effective 0901 UTC, May 26, airspace was inadvertently omitted from times established in advance by a Notice to 2016. The Director of the Federal the rule. This action adds adjustment of Airmen. The effective date and time will Register approves this incorporation by the geographic coordinates of the airport thereafter be published continuously in the reference action under Title 1, Code of in Class D airspace and Class E airspace Airport/Facility Directory. Federal Regulations, part 51, subject to extending upward from 700 feet above the annual revision of FAA Order the surface. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More 7400.9 and publication of conforming These are administrative corrections Above the Surface of the Earth. amendments. and do not affect the controlled airspace * * * * * ADDRESSES: FAA Order 7400.9Z, boundaries or operating requirements Airspace Designations and Reporting supporting operations in the Rochester AGL MN E5 Rochester, MN [Corrected] Points, and subsequent amendments can International Airport and St. Cloud Rochester International Airport, MN be viewed online at http://www.faa.gov/ Regional Airport terminal areas. (Lat. 43°54′30″ N., long. 92°30′00″ W.) airtraffic/publications/. For further Correction to Final Rule Rochester VOR/DME information, you can contact the (Lat. 43°46′58″ N., long. 92°35′49″ W.) Airspace Policy Group, Federal Aviation Accordingly, pursuant to the Mayo Clinic-St. Mary’s Hospital, MN Administration, 800 Independence ° ′ ″ ° ′ ″ authority delegated to me, in the (Lat. 44 01 11 N., long. 92 28 59 W.) Avenue SW., Washington, DC 20591; Federal Register of February 8, 2016 (81 That airspace extending upward from 700 telephone: 202–267–8783. The Order is FR 6448) FR Doc. 2016–02283), feet above the surface within a 6.8-mile also available for inspection at the Amendment of Class D and E Airspace radius of the Rochester International Airport, National Archives and Records for the Following Minnesota Towns; and within 3.2 miles each side of the Administration (NARA). For ° Rochester, MN; and St. Cloud, MN, is Rochester VOR/DME 028 radial extending information on the availability of FAA corrected as follows: from the 6.8-mile radius to 7.9 miles Order 7400.9Z at NARA, call 202–741– southwest of the airport, within 5.3 miles 6030, or go to http://www.archives.gov/ § 71.1 [Amended] southwest and 4 miles northeast of the federal_register/code_of_federal- Rochester northwest localizer course regulations/ibr_locations.html. On page 6448, column 3, line 27, extending from the 6.8-mile radius to 20 FAA Order 7400.9, Airspace remove ‘‘Amendment of Class E miles northwest of the airport, within 5.3 Airspace for the Following Minnesota miles northeast and 4 miles southwest of the Designations and Reporting Points, is Towns: Rochester, MN; and St. Cloud, Rochester southeast localizer course published yearly and effective on MN’’ and add in its place ‘‘Amendment extending from the 6.8-mile radius to 17.3 September 15. of Class D and Class E Airspace for the miles southeast of the airport and within a FOR FURTHER INFORMATION CONTACT: John Following Minnesota Towns: Rochester, 6.4-mile radius of the St. Mary’s Hospital Fornito, Operations Support Group, MN; and St. Cloud, MN’’. Heliport. Eastern Service Center, Federal Aviation

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Administration, P.O. Box 20636, times established in advance by Notice PART 71—DESIGNATION OF CLASS A, Atlanta, Georgia 30320; telephone (404) to Airmen. The effective date and time B, C, D, AND E AIRSPACE AREAS; AIR 305–6364. will thereafter be continuously TRAFFIC SERVICE ROUTES; AND SUPPLEMENTARY INFORMATION: published in the Airport/Facility REPORTING POINTS Directory.’’ from the regulatory text of Authority for This Rulemaking ■ Class E airspace designated as an 1. The authority citation for Part 71 The FAA’s authority to issue rules extension to Class D at McKellar-Sipes continues to read as follows: regarding aviation safety is found in Regional Airport, Jackson, TN; and Tri- Authority: 49 U.S.C. 106(f), 106(g); 40103, Title 49 of the United States Code. Cities Regional Airport, Tri-Cities, TN. 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Subtitle I, Section 106 describes the 1959–1963 Comp., p. 389. This is an administrative change authority of the FAA Administrator. amending the description for the above Subtitle VII, Aviation Programs, § 71.1 [Amended] describes in more detail the scope of the Tennessee airports to be in concert with ■ 2. The incorporation by reference in agency’s authority. This rulemaking is the FAAs aeronautical database, and 14 CFR 71.1 of FAA Order 7400.9Z, promulgated under the authority does not affect the boundaries, or Airspace Designations and Reporting described in Subtitle VII, Part, A, operating requirements of the airspace, Points, dated August 6, 2015, effective Subpart I, Section 40103. Under that therefore, notice and public procedure September 15, 2015, is amended as section, the FAA is charged with under 5 U.S.C. 553(b) are unnecessary. follows: prescribing regulations to assign the use Regulatory Notices and Analyses of airspace necessary to ensure the Paragraph 6004 Class E Airspace safety of aircraft and the efficient use of The FAA has determined that this Designated as an Extension to a Class D Surface Area. airspace. This regulation is within the regulation only involves an established scope of that authority as it amends body of technical regulations for which * * * * * Class E airspace at the Tennessee frequent and routine amendments are ASO TN E4 Jackson, TN [Amended] airports listed in this final rule. necessary to keep them operationally McKellar-Sipes Regional Airport, TN ° ′ ″ ° ′ ″ History current. It, therefore: (1) Is not a (Lat. 35 35 59 N., long. 88 54 56 W.) ‘‘significant regulatory action’’ under McKellar VOR/DME In a review of the airspace, the FAA ° ′ ″ ° ′ ″ Executive Order 12866; (2) is not a (Lat. 35 36 13 N., long. 88 54 38 W.) found the airspace description for Class That airspace extending upward from the E Airspace at McKellar-Sipes Regional ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 surface within 3.1 miles each side of the Airport, Jackson, TN, and Tri-Cities McKellar VOR/DME 206° radial, extending Regional Airport, Tri-Cities, TN, as FR 11034; February 26, 1979); and (3) from the 4.2-mile radius of McKellar-Sipes published in FAA Order 7400.9Z, does not warrant preparation of a Regional Airport to 7 miles southwest of the Airspace Designations and Reporting regulatory evaluation as the anticipated VOR/DME. Points, does not match the FAA’s impact is so minimal. Since this is a ASO TN E4 Tri-Cities, TN routine matter that only affects air traffic charting information. This Tri-Cities Regional Airport, TN/VA administrative change to remove the procedures and air navigation, it is (Lat. 36°28′31″ N., long. 82°24′27″ W.) certified that this rule, when NOTAM information to be in concert That airspace extending from the surface with the FAA’s aeronautical database. promulgated, does not have a significant within 2.5-miles either side of the 043° Class E airspace designations are economic impact on a substantial bearing from Tri-Cities Regional Airport, published in paragraphs 6004 of FAA number of small entities under the extending from the 4.3-mile radius of the Order 7400.9Z dated August 6, 2015, criteria of the Regulatory Flexibility Act. airport to 6.8-miles northeast of the airport. and effective September 15, 2015, which Environmental Review Issued in College Park, Georgia, on March is incorporated by reference in 14 CFR 15, 2016. part 71.1. The Class E airspace The FAA has determined that this Ryan W. Almasy, designations listed in this document action qualifies for categorical exclusion Manager, Operations Support Group, Eastern will be published subsequently in the under the National Environmental Service Center, Air Traffic Organization. Order. Policy Act in accordance with FAA [FR Doc. 2016–06933 Filed 3–28–16; 8:45 am] Availability and Summary of Order 1050.1F, ‘‘Environmental BILLING CODE 4910–13–P Documents for Incorporation by Impacts: Policies and Procedures,’’ Reference paragraph 5–6.5a. This airspace action DEPARTMENT OF TRANSPORTATION This document amends FAA Order is not expected to cause any potentially 7400.9Z, Airspace Designations and significant environmental impacts, and Federal Aviation Administration Reporting Points, dated August 6, 2015, no extraordinary circumstances exist and effective September 15, 2015. FAA that warrant preparation of an 14 CFR Part 71 Order 7400.9Z is publicly available as environmental assessment. listed in the ADDRESSES section of this [Docket No. FAA–2015–3773; Airspace document. FAA Order 7400.9Z lists Lists of Subjects in 14 CFR Part 71 Docket No. 15–ANM–22] Class A, B, C, D, and E airspace areas, Airspace, Incorporation by reference, Amendment of Class E Airspace; Deer air traffic service routes, and reporting Navigation (air). Lodge MT points. Adoption of the Amendment AGENCY: Federal Aviation The Rule Administration (FAA), DOT. In consideration of the foregoing, the This action amends Title 14 Code of ACTION: Final rule. Federal Regulations (14 CFR) Part 71 by Federal Aviation Administration eliminating the NOTAM information amends 14 CFR part 71 as follows: SUMMARY: This action modifies Class E that reads ‘‘This Class E airspace area is airspace extending upward from 700 effective during the specific dates and feet above the surface at Deer Lodge-

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City-County Airport, Deer Lodge, MT. History number of small entities under the After a review, the FAA found it On December 14, 2015, the FAA criteria of the Regulatory Flexibility Act. necessary to amend the airspace area for published in the Federal Register a Environmental Review the safety and management of standard notice of proposed rulemaking (NPRM) instrument approach procedures for to modify the Class E airspace extending The FAA has determined that this Instrument Flight Rules (IFR) operations upward from 700 feet above the surface action qualifies for categorical exclusion at the airport. at Deer Lodge-City-County Airport, Deer under the National Environmental DATES: Effective 0901 UTC, May 26, Lodge, MT (80 FR, 77283) FAA2015– Policy Act in accordance with FAA 2016. The Director of the Federal 3773. Interested parties were invited to Order 1050.1F, ‘‘Environmental Register approves this incorporation by participate in this rulemaking effort by Impacts: Policies and Procedures,’’ reference action under Title 1, Code of submitting written comments on the paragraph 5–6.5a. This airspace action Federal Regulations, part 51, subject to proposal to the FAA. No comments is not expected to cause any potentially the annual revision of FAA Order were received. significant environmental impacts, and 7400.9 and publication of conforming Class E airspace designations are no extraordinary circumstances exist amendments. published in paragraph 6005, that warrant preparation of an respectively, of FAA Order 7400.9Z, environmental assessment. ADDRESSES: FAA Order 7400.9Z, dated August 6, 2015, and effective Airspace Designations and Reporting September 15, 2015, which is Lists of Subjects in 14 CFR Part 71 Points, and subsequent amendments can incorporated by reference in 14 CFR be viewed online at http://www.faa.gov/ part 71.1. The Class E airspace Airspace, Incorporation by reference, air_traffic/publications/. For further designation listed in this document will Navigation (air). information, you can contact the be published subsequently in the Order. Adoption of the Amendment Airspace Policy Group, Federal Aviation Availability and Summary of Administration, 800 Independence In consideration of the foregoing, the Documents for Incorporation by Avenue SW., Washington, DC 20591; Federal Aviation Administration Reference telephone: 202–267–8783. The Order is amends 14 CFR part 71 as follows: also available for inspection at the This document amends FAA Order National Archives and Records 7400.9Z, Airspace Designations and PART 71—DESIGNATION OF CLASS A, Administration (NARA). For Reporting Points, dated August 6, 2015, B, C, D, AND E AIRSPACE AREAS; AIR information on the availability of FAA and effective September 15, 2015. FAA TRAFFIC SERVICE ROUTES; AND Order 7400.9Z at NARA, call 202–741– Order 7400.9Z is publicly available as REPORTING POINTS 6030, or go to http://www.archives.gov/ listed in the ADDRESSES section of this federal_register/code_of_federal- document. FAA Order 7400.9Z lists ■ 1. The authority citation for Part 71 regulations/ibr_locations.html. Class A, B, C, D, and E airspace areas, continues to read as follows: air traffic service routes, and reporting FAA Order 7400.9, Airspace points. Authority: 49 U.S.C. 106(f), 106(g); 40103, Designations and Reporting Points, is 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, published yearly and effective on The Rule 1959–1963 Comp., p. 389. September 15. This amendment to Title 14, Code of § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: Federal Regulations (14 CFR) part 71 Turan Wright, Federal Aviation modifies Class E airspace extending ■ 2. The incorporation by reference in Administration, Operations Support upward from 700 feet above the surface 14 CFR 71.1 of FAA Order 7400.9Z, Group, Western Service Center, 1601 to within a 6-mile radius of Deer Lodge- Airspace Designations and Reporting Lind Avenue SW., Renton, WA 98057; City-County Airport, Deer Lodge-City- Points, dated August 6, 2015, and County Airport, Deer Lodge, MT. telephone (425) 203–4533. effective September 15, 2015, is SUPPLEMENTARY INFORMATION: Regulatory Notices and Analyses amended as follows: The FAA has determined that this Authority for This Rulemaking Paragraph 6005 Class E Airspace Areas regulation only involves an established Extending Upward From 700 Feet or More The FAA’s authority to issue rules body of technical regulations for which Above the Surface of the Earth. regarding aviation safety is found in frequent and routine amendments are Title 49 of the United States Code. necessary to keep them operationally * * * * * Subtitle I, Section 106 describes the current, is non-controversial and ANM MT E5 Deer Lodge, MT [Modified] authority of the FAA Administrator. unlikely to result in adverse or negative Deer Lodge-City-County Airport, MT Subtitle VII, Aviation Programs, comments. It, therefore: (1) Is not a (Lat. 46°23′16″ N., long. 112°45′54″ W.) describes in more detail the scope of the ‘‘significant regulatory action’’ under agency’s authority. This rulemaking is Executive Order 12866; (2) is not a That airspace extending upward from 700 promulgated under the authority ‘‘significant rule’’ under DOT feet above the surface within a 6-mile radius of the Deer Lodge-City-County Airport. described in Subtitle VII, Part A, Regulatory Policies and Procedures (44 Subpart I, Section 40103. Under that FR 11034; February 26, 1979); and (3) Issued in Seattle, Washington, on March section, the FAA is charged with does not warrant preparation of a 16, 2016. prescribing regulations to assign the use Regulatory Evaluation as the anticipated Tracey Johnson, of airspace necessary to ensure the impact is so minimal. Since this is a Manager, Operations Support Group, Western safety of aircraft and the efficient use of routine matter that only affects air traffic Service Center. airspace. This regulation is within the procedures and air navigation, it is [FR Doc. 2016–06934 Filed 3–28–16; 8:45 am] scope of that authority as it amends certified that this rule, when BILLING CODE 4910–13–P controlled airspace at Deer Lodge-City- promulgated, does not have a significant County Airport, Deer Lodge, MT. economic impact on a substantial

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DEPARTMENT OF TRANSPORTATION to support missions of the National R–4403E is required to contain air-to- Aeronautics and Space Administration ground laser firing at ground targets Federal Aviation Administration (NASA) and the Naval Special Warfare within R–4403E. R–4403F is sized to Command (NSWC) (79 FR 39344). contain the AC–130 gunship orbit while 14 CFR Part 73 Interested parties were invited to firing lasers at the target in R–4403E. [Docket No. FAA–2014–0370; Airspace participate in this rulemaking effort by The expansion represents the minimum Docket No. 14–ASO–2] submitting written comments on the restricted airspace needed to segregate proposal. Eight comments were these hazards from nonparticipating RIN 2120–AA66 received. aircraft. On August 17, 2015, the FAA Regarding the comment that other Redesignation and Expansion of published a Supplemental Notice of existing SUA should be used instead of Restricted Area R–4403; Gainesville, Proposed Rulemaking (SNPRM) (80 FR expanding R–4403, there is no other MS 49181) to solicit comments on changes special use airspace available to relocate AGENCY: Federal Aviation to the originally proposed boundaries, the testing and training missions. It Administration (FAA), DOT. time of designation and proposed would be economically unfeasible to ACTION: Final rule. restricted area activities. Three move the large infrastructure and engine comments were received in response to testing facilities in place at SSC (test SUMMARY: This action removes restricted the SNPRM. stands, etc.). Further, the SSC Acoustical Buffer Zone makes SSC the area R–4403 Gainesville, MS, and Discussion of Comments replaces it with an expanded area last place in the country where NASA redesignated as R–4403A, B, C, E and F, In response to the NPRM and SNPRM, can test large engines and whole rocket Stennis Space Center (SSC), MS (the a combined total of 11 comments were stages. For the Navy, R–4403C through designation R–4403D is not used). The received (including one duplicate F overlie a combination of riverine, expanded restricted airspace is submission). Comments were submitted jungle and coastal features that support necessary to support essential National by four individuals and the Aircraft SOF training requirements. These Aeronautics and Space Administration Owners and Pilots Association (AOPA), subareas contain double and triple (NASA) testing and Naval Special Partners for Stennis, Hancock County canopy jungles similar to environments Warfare Command (NSWC) training Board of Supervisors, Hancock County in other parts of the world where SOF requirements. Port and Harbor Commission, and the units could be deployed. Plus, the area Mississippi Airports Association. Two contains seven miles of river to support DATES: Effective date 0901 UTC, May 26, individuals expressed support for the coastal and riverine operations training. 2016. proposal. The remaining commenters These features form a unique area that FOR FURTHER INFORMATION CONTACT: Paul expressed objections or concerns that cannot be duplicated anywhere else in Gallant, Airspace Policy Group, Office are discussed in this section. the United States where the Navy owns of Airspace Services, Federal Aviation Several commenters objected to size land. Administration, 800 Independence of the expanded area stating that all The FAA determined that a MOA is Avenue SW., Washington, DC 20591; other options, including the use of other not the appropriate type of SUA to use telephone: (202) 267–8783. existing special use airspace (SUA) in this case. MOAs are established to SUPPLEMENTARY INFORMATION: elsewhere, should be explored first. One contain nonhazardous military flight commenter wrote that the entire area training activities. Examples include, Authority for This Rulemaking should not be designated as restricted but are not limited to, aerobatics, air The FAA’s authority to issue rules airspace. Instead, the bulk of the area combat maneuvers, low altitude tactics, regarding aviation safety is found in should be a military operations area air intercepts, etc. No firing of weapons Title 49 of the United States Code. (MOA). or ordnance is permitted in a MOA. Subtitle I, Section 106 describes the The R–4403 complex is being One commenter wrote that the authority of the FAA Administrator. expanded because the current airspace different times of designation for R– Subtitle VII, Aviation Programs, cannot fully contain the lateral and 4403A and B versus those for R–4403C describes in more detail the scope of the vertical hazards associated with rocket through F are confusing. Also, the agency’s authority. This rulemaking is engine testing. Plus, it cannot provision allowing activation of R– promulgated under the authority accommodate NASA’s testing of 4403C through F at ‘‘other times by described in Subtitle VII, Part A, untethered autonomous space vehicles. NOTAM with ATC approval’’ would Subpart I, Section 40103. Under that Further, the Navy’s existing Western permit operations to be conducted at section, the FAA is charged with Maneuver Area (WMA) has no restricted any time (with minimal notice) thus prescribing regulations to assign the use airspace to permit air-to-ground live-fire hindering the ability of pilots to of the airspace necessary to ensure the training for Special Operations Force effectively plan flights and leading safety of aircraft and the efficient use of (SOF) units. The dimensions of the transient pilots to select other airfields. airspace. This regulation is within the expanded restricted airspace were The time periods for R–4403A and B scope of that authority as it restructures calculated to contain the hazard zones are based on NASA testing requirements the restricted airspace at the Stennis for all NASA tests and NSWC training which are primarily accomplished Space Center, MS, to enhance aviation events. The dimensions of R–4403A during daylight hours. The times for R– safety and accommodate essential cannot be reduced due to the rocket 4403C through F reflect NSWC training testing and training by NASA and the engine testing hazard area. R–4403B requirements which are primarily NSWC. provides airspace to contain untethered accomplished during nighttime hours. autonomous vehicle testing and is In response to the comment, the History designed to ensure containment of proposed provision to activate R–4403C On July 10, 2014, the FAA published untethered vehicle flight profiles. R– through F at ‘‘other times by NOTAM in the Federal Register a notice 4403C is required to contain air-to- with ATC approval’’ is removed. proposing to re-designate and expand ground firing of various weapons and Therefore, any activations of the R–4403 restricted area R–4403, Gainesville, MS, lasers at ground targets within R–4403C. complex (R–4403A through F) will

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require that a NOTAM be issued at least per year to test rocket engines on fixed- loud sound waves and sonic vibration 24 hours in advance. There is no in-place test stands. Due to its small produced by rocket engine tests. The allowance for activating the areas footprint, only a minor lateral flight buffer zone grants to the United States outside the specific times listed in the deviation would be required to government a perpetual restrictive restricted area descriptions (see the circumnavigate the area. Untethered easement for restricting certain uses in, ‘‘Adoption of the Amendment’’ section, space vehicle testing will only occur in on, across and over the land in the below). The 24-hour NOTAM R–4403B, which has a ceiling of 6,000 buffer zone. The easement encumbers requirement will provide pilots with feet MSL. every buffer zone property owner by advance information needed for flight A commenter said that the proposed prohibiting human habitation or human planning purposes. In addition, the live-fire operations in R–4403E and F occupancy of dwellings or other restricted area using agencies have pose a risk for planes travelling to buildings. The easement gives the agreed to publish a VHF frequency on Stennis International Airport. Further, government the right to prohibit the the New Orleans Sectional Aeronautical the area of proposed firing encompasses construction of dwellings and other Chart so that pilots can call to determine an area through which Mississippi buildings for human habitation or the real-time status of the airspace. Highway 43 extends and is only a short occupancy, together with the right to One commenter responding to the distance from a Hancock County post signs indicating the nature and NPRM wrote that the VPRAM VFR elementary school. extent of the Government’s control and waypoint, located at the intersection of Highway 43 and the school are the right of ingress and egress over and Interstate I–10 and U.S. Highway 90, is located in the vicinity of R–4403E and across the affected lands. too close to the restricted areas for pilots F. The original proposal included a plan The restricted area expansion was to safely use I–10 as a visual reference. to expend ordnance and fire lasers into specifically designed and sized to The commenter believes that it could R–4403E. During the range design contain hazards from NASA and NSWC actually increase the chance of pilots process, the Navy determined that the activities within the ground features of mistakenly intruding into restricted required weapons danger zones could Stennis Space Center and the associated airspace or force them to fly farther not be fully contained within Federally- acoustical buffer zone. While individual south and potentially out of visual range owned property. Therefore, the target land owners make up much of the of the interstate. In response to this area was reduced to an air-to-ground Stennis Buffer Zone, all impact areas comment, the FAA proposed in the laser-only target, and there will be no and weapons danger zones will be on SNPRM to move the southern boundary air-to-ground ordnance delivery into R– property that is owned by the Navy. The slightly northward in an effort to remain 4403E. Instead, only laser firing by AC– restricted areas that go to the surface are clear of I–10. However, a commenter 130s at the ground target on Navy- totally contained within the SSC Buffer responding to the SNPRM said that the owned land will be conducted. Highway Zone. revised line was still too close for pilots 43 and the school are clear of any risk. The easement does permit other uses to safely navigate using VPRAM and I– Restricted areas are established to when those activities do not interfere 10 as a reference. The commenter segregate hazardous activities from with, or reduce the rights of, the recommended that the southern nonparticipating aircraft. By avoiding government. Access to private property boundary be moved still further north to the restricted areas, aircraft operating to in the buffer zone is allowed with prior be at least one nautical mile (NM) from or from Stennis International Airport coordination with SSC. In cases where I–10 in all places. would not be exposed to hazards. property owners require aerial access to NASA and NSWC considered moving Concern was expressed about the parcels encumbered by this restricted the boundary further north but proposal for ground forces to use eye- airspace, aerial access may be arranged determined it could not be done without safe lasers for signaling military aircraft through coordination with the NASA/ infringing on the required safety buffers operating overhead. SSC Range Safety Manager via the in R–4403A, B and C. The FAA agrees The Navy re-evaluated this Stennis Flight Request System at that VPRAM is too close to the new requirement and determined it is not (https://airrange.ssc.nasa.gov/ restricted areas and therefore is necessary. There will be no ground-to- FlightRequest.asp). cancelling that waypoint. In its place, air laser use at SSC. Regarding concerns about the safety of the FAA is establishing two new Visual Several commenters raised concerns persons with respect to the firing of Flight Rules (VFR) waypoints south of about the safety of residents and weapons in the restricted areas, real- I–10 to assist pilots transitioning east visitors, the firing of weapons over land time operational control over the and west in that area. The new VFR that remains in legal title with underlying land is most critical where waypoints are VPASD located at individual landowners and restrictions live-fire operations are conducted. The 30°15′45″ N., 89°41′18″ W.; and VPHSA on public access to, and the use of, the impact areas in the Navy-owned WMA located at 30°18′54″ N., 89°28′51″ W. It property. are fenced for denial of public access should be noted that when inflight Both NASA and the Navy have with signs posted along the fence line visibility permits, pilots remaining stringent policies and procedures to warning of the hazardous range south of I–10 while flying east or ensure that hazardous activities are activities. The Navy cannot fire onto westbound can be assured that they will contained within restricted airspace. A lands they do not own. be clear of the southern boundaries of number of measures are in place to Conversely, public access to Pearl R–4403A, B and C. ensure public safety. All Stennis River, Mike’s River and McCarty Bayou One commenter objected to R–4403A facilities are contained within a 13,800- is not restricted but, prior to any live- because it increases the land-based acre area owned by the Federal fire operations, range guards in boats testing area. The commenter also government known as the ‘‘Stennis Fee will clear all waterways encumbered by objected to untethered space vehicle Area.’’ This area is gated and patrolled surface danger zones. Picket boats are testing to the extent that it would 24-hours by a security force to deny then posted at the north and south ends exceed 6,000 feet MSL. unauthorized access. The Fee Area is of the Pearl River to guard against R–4403A is a 2.5 NM radius circle surrounded by a 125,000-acre acoustical unauthorized public access to live-fire from the surface up to 12,000 feet MSL. buffer zone that was established in 1962 areas. These safety measures are in use It will be used approximately 40 times to reduce the harmful effects of very today during ground-based training

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operations in the WMA, and they will The FAA acknowledges that, with the instrument approaches to also be used for future activities within depending on actual utilization of the runway 18 at Stennis International the restricted airspace. For an added restricted areas, there may be times Airport. layer of safety when AC–130 gunships when instrument procedures and/or The floor of R–4403F was set at 4,000 are operating, their crews, as a matter of transiting flights would be impacted feet MSL to provide room for runway 18 procedure, inspect target and impact requiring additional vectoring by air approaches underneath R–4403F. areas both visually and with on-board traffic control (ATC) or causing pilots to A concern was raised about medevac sensors to ensure no unauthorized deviate in order to avoid the restricted helicopter flights to the Ochsner personnel are in the area. airspace. A number of mitigations such Medical Center Heliport (LS51) in A commenter asked why the ‘‘airport as the planned intermittent use of the Slidell, LA. operating area’’ around Picayune complex, the ability of ATC to recall The proximity of the heliport to the Municipal Airport was reduced from 5 airspace, adjustment to instrument boundary of R–4403B and C could affect NM to 3 NM. procedures, etc., are intended to lessen IFR flight to and from the facility when There is no designated ‘‘airport the overall impact of the restricted those areas are active. Provisions for operating area’’ airspace at Picayune areas. ATC to recall a portion of the airspace Municipal. The airspace in the Regarding the instrument procedures to accommodate emergency medevac flights are included in the Letter of immediate vicinity (6.5 NM radius) of for Picayune Municipal Airport (KMJD), Procedure (LOP). When R–4403A is Picayune is uncontrolled airspace (Class the RNAV (GPS) RWY 36 approach active, as discussed above, it is only G) below 700 feet AGL. FAA policy would be impacted since its protected necessary for flights to miss the requires that restricted areas must airspace penetrates areas A, B, C and E. boundary. The small size (2.5-NM exclude the airspace at and below 1,500 When only R–4403A is in use, and radar radius) would require a minor lateral feet above ground level (AGL) within a is available, ATC may be able to vector flight deviation to circumnavigate the 3 NM radius of airports that are aircraft so as to clear the R–4403A area. available for public use. That is the boundary. Because R–4403A does not contain any aviation activity, ATC can There would be some impact on the reason for the 3–NM exclusion applied use of a feeder route from the Picayune at Picayune Municipal. Because vector aircraft to miss the boundary rather than apply 3–NM lateral (PCU) VOR/DME to the DUFOS initial Picayune does not have an airport traffic approach fix (IAF) for the RNAV (GPS) control tower (ATCT), there is no Class separation that would be required if the area contained flight activity. In a non- RWY 36 approach at Slidell Airport D airspace (that would extend upward (KASD), LA. The flight path will come from the surface) designated at that radar environment, however, the approach would be unavailable. The use very close to the boundary of R–4403B airport. Thus, the 3–NM exclusion was of R–4403A is expected to be infrequent and C and the protected airspace for that applied. By comparison, at Stennis (approximately 40 days per year) route penetrates the restricted areas. International Airport, which has an minimizing potential impacts. When R– A note will be added to the approach operating ATCT, Class D airspace has 4403B, C or E are in use, Picayune’s plate to indicate the feeder route is ‘‘Not been designated within a 4.2-NM radius runway 36 approach would be Authorized’’ when R–4403B or C is of the airport from the surface up to unavailable unless ATC can recall the active. 2,500 feet MSL. The boundaries of R– airspace or temporarily assign military 4403B, C, and E are aligned along the Need for Restricted Airspace aircraft to maintain an altitude that boundary of the Stennis Class D would provide separation from the IFR As noted above, R–4403 is too small airspace area so as to avoid infringing arrivals or departures. The current to fully contain hazards from rocket upon the airport’s Class D airspace. runway 36 missed approach procedure engine tests and other NASA test A commenter requested that any is being revised so that aircraft will requirements. Expanded restricted airspace changes should take place only climb straight ahead to the CIQYI airspace is needed to test current and in concert with the publication of VFR waypoint and hold, instead of future space transportation systems so and IFR aeronautical charts so that all proceeding eastward to the CAESA fix, that NASA can meet its obligations pilots are aware of the changes. Further, which would further penetrate under the National Space Policy. the instrument approach procedure restricted airspace. Additionally, the current restricted area plates for Picayune Municipal Airport The missed approach procedure for cannot accommodate essential NSWC should be revised to show the restricted the RNAV (GPS) RWY 18 approach at training scenarios. Today, the Navy uses areas to warn pilots of their location. Picayune penetrates R–4403B, C and E. the existing WMA to train land and The restricted area expansion The missed approach procedure is being riverine SOF elements. However, this becomes effective on May 26, 2016, redesigned so that instead of taking training is limited by the lack of which coincides with both the next aircraft east of the airport and into restricted airspace needed to train under edition of the New Orleans Sectional restricted airspace, aircraft will execute air-to-ground live-fire conditions. This Aeronautical Chart and the IFR chart a climbing right turn, away from the severely restricts the Navy’s ability to cycle. The applicable instrument restricted areas, direct to the CIQYI conduct realistic, full- mission profile approach procedure plates will also be initial approach fix and hold. training to prepare SOF units for revised to depict the new restricted Minor modifications are being made deployments world-wide. The lack of an areas. to the VOR–A approach. The inbound air-to-ground, live-fire capability means Most commenters are concerned course is being changed by three degrees that air and ground units are forced to about the potential impact of the from 132° to 129°, and the missed simulate the coordination and restricted areas on IFR and VFR aircraft approach point changed to 5.23 NM integration of air-to-ground live-fire transiting the area and on the published from the final approach fix instead of operations limiting this phase of instrument approach procedures serving 5.7 NM from the fix. training to basically a communications- Picayune Municipal (KMJD) and Stennis Regarding Stennis International only exercise. Because operations with International (KHSA) airports. There is Airport’s (KHSA) instrument live air-to-ground weapons employment also concern that pilots would simply procedures, a commenter asked FAA to cannot be practiced in advance, the SOF avoid using those airports. ensure that R–4403F does not interfere units are unable to identify and correct

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any potential conflicts or coordination to be activated for up to 12 hours. Once approximately 3-hour blocks concurrent problems that could otherwise arise for loading of the propellant and oxidizer with R–4403C. the first time during actual missions tanks begins, a potential hazard exists R–4403C, E and F will also be used while deployed. This training limitation due to the volatility of those products; during the annual Emerald Warrior SOF places the mission, personnel and hence, the operation cannot be halted. training exercise. This exercise lasts no equipment at risk. The designation of R– For this reason, R–4403A cannot be more than 10 days. 4403C, E and F alleviates that training recalled by ATC once the fueling begins. Note: The term ‘‘intermittent’’ as used shortfall. Note: No other subarea can be activated in the times of designation for the R– while R–4403A is in use. 4403 complex indicates occasional, Projected Use of Restricted Areas R–4403B is for the exclusive use by irregular, or changeable use periods Use of R–4403A through F will be NASA for Untethered Autonomous within the stated times. governed by the terms in a LOP between Flight Vehicle testing (such as the NASA/SSC, NSWC, Houston Air Route Morpheus Lander). Testing of these Summary of Mitigations Traffic Control Center (ARTCC) and the vehicles involves hazards because This section presents a summary of ATC facilities at New Orleans, LA, and failure of the vehicle, its propulsion mitigations intended to lessen the Gulfport, MS. The LOP will include system, or propellant tanks can result in potential impact of the restricted area procedures for activating and explosion of the vehicle. The propensity expansion. deactivating the restricted areas, and it for this to occur is greater with these —The restricted areas will be used includes several provisions aimed at vehicles than with a standard aircraft intermittently. Overall use of the lessening potential aeronautical impacts because of the extremely volatile nature complex is limited to approximately of the restricted areas. of the propellants and the poor 160 days per year per the Letter of The LOP provides that R–4403B aerodynamic characteristics of the Procedure. through F cannot be scheduled during vehicle during earth-based operation. —The original proposal allowing certain special events that would attract The anticipated need for this type of activation of R–4403C, E and F at a high volume of air traffic to or through testing is approximately 3 times per ‘‘other times by NOTAM with ATC the local area. Examples include, but are year. Actual flight during these test approval’’ was eliminated. not limited to, the Sugar Bowl, Mardi events would be less than 8 minutes; —No other subarea can be activated Gras, Super Bowl, Final Four, large however, due to the complexity of the while R–4403A is in use. conventions, etc. event, each test will require activation —No other subarea can be activated The LOP further provides that ATC of R–4403B for 7 to 12 hours. NASA when R–4403B is in use. can recall the airspace (except R–4403A) will only activate R–4403B to the —NASA will activate R–4403B only to for severe weather, severe traffic altitude necessary for the specific the altitude required for the specific congestion, inflight emergencies or activity being conducted. Note: No other mission. equipment outages (radar and subarea can be activated while R–4403B —R–4403C will only be activated to communications). Additionally, when is in use. 6,000 feet MSL when AC–130 bad weather is forecast and ATC sees a R–4403C is used for Navy SOF gunships are not participating in a requirement for all of R–4403, then ATC Integration Training. It has the same mission. has the ability to disapprove the next lateral boundaries as R–4403B. The —Two new VFR waypoints are being day’s schedule for a complete weather purpose of R–4403C is to support pre- established south of I–10 to aid VFR recall of the airspace, if needed. One deployment training of SOF units with navigation. exception is that R–4403A cannot be air-to-ground, live-fire of munitions and —A VHF frequency will be added to the recalled once the rocket engine fueling lasers. Total usage of R–4403C is New Orleans Sectional Aeronautical process has begun. anticipated to be 100 to 120 days per chart for pilots to obtain real-time The LOP also enables ATC, under year in approximately 3-hour blocks. R– status of the restricted areas. certain conditions, to accommodate 4403C extends from the surface up to —R–4403B through F cannot be access to affected airports (such as 10,000 feet MSL. However, when AC– activated during certain special events Picayune Municipal) by temporarily 130s are not participating in a training that would attract a high volume of air restricting the military aircraft operating event, R–4403C will only be scheduled traffic to or through the area. in the restricted area at a higher altitude up to 6,000 feet MSL. This will lessen —ATC can recall the airspace in cases so that IFR traffic can arrive or depart potential impacts of the restricted area of inflight emergencies, severe the airport underneath. Once the traffic on nonparticipating aircraft. Depending weather, severe air traffic congestion is clear, the restricted airspace is on the mission, R–4403C can and will or equipment outages (radar and returned to the users. be used by itself, but approximately 20 communications). The expected overall use of the R– days per year, it will be used in —ATC can recall the airspace, if 4403 restricted area complex will be conjunction with R–4403E and F. necessary, for medevac helicopters. approximately 160 days per year, on an R–4403E and F are also used for SOF —ATC can recall or restrict users to intermittent basis, depending on NASA training. Their purpose is to contain higher altitudes to allow IFR test requirements and Navy mission AC–130 gunships firing non-eye-safe operations at Picayune Municipal taskings. Planned use of each subarea is lasers aimed at a ground target in R– Airport. described below. 4403E. They will always be activated —Revisions to instrument approach R–4403A is for the exclusive use by together for that purpose. The AC–130 procedures serving Picayune NASA for testing rocket engine will fly in a circular orbit at a 2 to 2.5– Municipal Airport and Stennis technology on fixed-in-place engine test NM radius from the target, at an altitude International Airport. stands. Anticipated need for this testing ranging from 8,000 feet to 10,000 feet is approximately 20 to 40 times per MSL. R–4403E and F can be activated The Rule year. NASA will activate R–4403A an independently of R–4403C, but typically The FAA is amending 14 CFR part 73 average of 7 hours for each engine test they would be used in conjunction with by removing restricted area R–4403, event. If technical difficulties or other R–4403C. Total usage of R–4403E and F Gainesville, MS, and replacing it with conditions require, R–4403A may need is anticipated to be 20 days per year in expanded restricted airspace consisting

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of five subareas, designated R–4403A, lasers to signal military aircraft Environmental Review R–4403B, R–4403C, R–4403E and R– operating overhead are eliminated. The FAA has conducted an 4403F. (Note: the designation R–4403D R–4403F wraps around the northeast environmental review for this is not used). corner of R–4403E and extends upward rulemaking in accordance with FAA The FAA is taking this action because from 4,000 feet MSL to 10,000 feet MSL. Order 1050.1F, Environmental Impacts: the existing airspace is too small to fully Its purpose is to ensure containment of Policies and Procedures, and the contain NASA test activities and NSWC the AC–130 orbit, which is a 2.5 NM regulations of the Council on pre-deployment training for Special radius around the laser ground target in Environmental Quality implementing Operations Forces. R–4403E. R–4403E could be activated the National Environmental Policy Act, R–4403A and B will be used solely by by itself, but R–4403E and F will always 40 CFR parts 1500–1508. This review NASA for rocket engine testing and be activated together for AC–130 laser has included independent evaluation untethered space vehicle propulsion firing. The two areas can be activated system testing. The NSWC will use R– and adoption of the NSWC’s and separately from R–4403C, but typically NASA’s Final Environmental 4403C, E and F for pre-deployment they will be used in conjunction with integration training for Special Assessment for the Redesignation and R–4403C. Expansion of Restricted Airspace R– Operations Forces. The restricted area The time of designation for NASA’s subareas are described below. 4403 to Support Military Air-to-Ground R–4403A and R–4403B is ‘‘Intermittent, R–4403A contains testing of rocket Munitions Training and National 1000 to 0300 local time, as activated by engine technologies on Stennis Space Aeronautics and Space Administration Center’s engine test stands. It consists of NOTAM at least 24 hours in advance.’’ Rocket Engine Testing at Stennis Space the airspace within a 2.5–NM radius of The time of designation for NSWC’s R– Center dated October 2015 (hereinafter lat. 30°21′51″ N., long. 89°35′39″ W., 4403C, R–4403E and R–4403F is ‘‘the FEA’’), on which the FAA was a (centered on the rocket engine test ‘‘Intermittent, 2000 to 0500 local time, cooperating agency, as well as complex) and extends from the ground as activated by NOTAM at least 24 environmental analysis of the changes up to 12,000 feet MSL. This testing does hours in advance; and 1800 to 2000 to approach procedures at Picayune not entail any flight activity as the local time, November 1 to March 1, as Municipal Airport and Stennis operation takes place on fixed-in-place activated by NOTAM at least 24 hours International Airport described in the stands. No other subareas may be in advance (not to exceed 20 days per Summary of Mitigations above. Based activated while R–4403A is in use. year).’’ To clarify, the 1800 to 2000 time on its environmental review, the FAA R–4403B is used by NASA for testing frame can only be used between has determined that this rule will not of untethered autonomous space November 1 and March 1 and only for significantly affect the human vehicles that are used to explore planets a maximum 20 days per year during that environment. The FAA’s ROD and and asteroids. R–4403B extends from period. In the original proposal, R– environmental review are included in the ground up to 6,000 feet MSL. No 4403C, E and F included an additional the docket for this rulemaking. The FEA other subareas may be activated while provision allowing the airspace also to is available at http://www.ssc.nasa.gov/ R–4403B is in use. be activated at any other times by environmental/docforms/eas/eas.html. NOTAM with ATC approval. That R–4403C contains the Navy’s existing List of Subjects in 14 CFR Part 73 Western Maneuver Area (WMA) which provision has been eliminated. is used for pre-deployment training for During times when the above Airspace, Prohibited areas, Restricted Special Operations Forces. R–4403C restricted areas are not needed by the areas. extends from the ground up to 10,000 using agencies, the airspace will be Adoption of the Amendment feet MSL. Hazardous activities in R– returned to the FAA controlling agency, In consideration of the foregoing, the 4403C will consist of air-to-ground live- Houston Air Route Traffic Control Federal Aviation Administration fire training for AC–130 gunships, Center (ARTCC), and will be available amends 14 CFR part 73 as follows: armed helicopters and tilt-rotor (CV–22) for access by other airspace users. aircraft and surface-to-surface weapons Regulatory Notices and Analyses PART 73—SPECIAL USE AIRSPACE firing by ground forces. R–4403C contains two impact areas (targets) for The FAA has determined that this ■ 1. The authority citation for part 73 air-to-ground munitions employment regulation only involves an established continues to read as follows: body of technical regulations for which (up to 105mm), and air-to-ground non- Authority: 49 U.S.C. 106(f), 106(g); 40103, eye-safe laser firing. R–4403C will be frequent and routine amendments are 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, activated to 10,000 feet MSL when AC– necessary to keep them operationally 1959–1963 Comp., p. 389. 130 gunships are operating. If AC–130s current. It, therefore: (1) Is not a are not operating, R–4403C will only be ‘‘significant regulatory action’’ under § 73.44 [Amended] activated up to 6,000 feet MSL (the Executive Order 12866; (2) is not a ■ 2. Section 73.44 is amended as remaining airspace is available to other ‘‘significant rule’’ under Department of follows: Transportation (DOT) Regulatory users). Originally, the Navy intended to R–4403 Gainesville, MS [Removed] also employ eye-safe lasers for signaling Policies and Procedures (44 FR 11034; military aircraft operating overhead, but February 26, 1979); and (3) does not R–4403A Stennis Space Center, MS [New] this activity has been eliminated. warrant preparation of a regulatory Boundaries. That airspace within a 2.5–NM R–4403D. This designation is not evaluation as the anticipated impact is radius centered at lat. 30°21′51″ N., long. used. so minimal. Since this is a routine 89°35′39″ W. R–4403E contains a ground target for matter that only affects air traffic Designated altitudes. Surface to 12,000 feet the firing of non-eye safe lasers by AC– procedures and air navigation, it is MSL. 130 gunships. R–4403E extends from certified that this rule, when Time of designation. Intermittent, 1000 to 0300 local time, as activated by NOTAM at the ground up to 10,000 feet MSL. The promulgated, does not have a significant least 24 hours in advance. original proposals to also use this area economic impact on a substantial Controlling agency. FAA, Houston ARTCC. for air-to-ground munitions delivery and number of small entities under the Using agency. NASA, Director, Stennis for the use of eye-safe ground-to-air criteria of the Regulatory Flexibility Act. Space Center, Bay St. Louis, MS.

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R–4403B Stennis Space Center, MS [New] 89°35′27″ W,; to lat. 30°28′47″ N., long. Foreign Assets Control: Assistant ° ′ ″ Boundaries. Beginning at lat. 30°29′37″ N., 89 35 27 W.; to the point of beginning. Director for Licensing, tel.: 202–622– long. 89°35′16″ W.; to lat. 30°29′37″ N., long. Designated altitudes. Surface to 10,000 feet 2480, Assistant Director for Regulatory 89°32′33″ W.; thence clockwise along a 0.85– MSL. Affairs, tel.: 202/622–4855, Assistant Time of designation. Intermittent, 2000 to NM arc centered at lat. 30°28′46″ N., long. Director for Sanctions Compliance & 89°32′33″ W.; to lat. 30°28′46″ N., long. 0500 local time, as activated by NOTAM at ° ′ ″ ° ′ ″ least 24 hours in advance; and 1800 to 2000 Evaluation, tel.: 202/622–2490, or the 89 31 34 W.; to lat. 30 26 25 N., long. Department of the Treasury’s Office of 89°31′34″ W.; to lat. 30°24′02″ N., long. local time, November 1 to March 1, as 89°31′34″ W.; thence counterclockwise along activated by NOTAM at least 24 hours in the Chief Counsel (Foreign Assets a 4.2–NM arc centered at lat. 30°22′04″ N., advance, not to exceed 20 days per year. Control), Office of the General Counsel, long. 89°27′17″ W.; to lat. 30°20′28″ N., long. Controlling agency. FAA, Houston ARTCC. tel.: 202/622–2410. 89°31′46″ W.; to lat. 30°19′19″ N., long. Using agency. U.S. Navy, Commander, SUPPLEMENTARY INFORMATION: 89°35′32″ W.; to lat. 30°18′23″ N., long. Naval Special Warfare Command, Naval 89°40′17″ W.; to lat. 30°21′08″ N., long. Special Warfare N31 Branch, Stennis Space Electronic and Facsimile Availability 89°42′25″ W.; to lat. 30°22′22″ N., long. Center, Bay St. Louis, MS. This document and additional ° ′ ″ ° ′ ″ 89 42 58 W.; to lat. 30 23 44 N., long. R–4403F Stennis Space Center, MS [New] information concerning OFAC are 89°42′43″ W.; to lat. 30°26′40″ N., long. ° ′ ″ available from OFAC’s Web site 89°40′51″ W.; thence counterclockwise along Boundaries. Beginning at lat. 30 29 37 N., ° ′ ″ a 3–NM arc centered at lat. 30°29′15″ N., long. 89 35 16 W.; thence clockwise along a (www.treasury.gov/ofac). Certain general ° ′ ″ long. 89°39′04″ W.; to lat. 30°27′08″ N., long. 2.5–NM arc centered at lat. 30 28 46 N., information pertaining to OFAC’s ° ′ ″ ° ′ ″ 89°36′37″ W.; to lat. 30°27′58″ N., long. long. 89 32 33 W.; to lat. 30 26 25 N., long. sanctions programs also is available via ° ′ ″ ° ′ ″ 89°35′27″ W.; to lat. 30°28′47″ N., long. 89 31 34 W.; to lat. 30 28 46 N., long. facsimile through a 24-hour fax-on- 89°35′27″ W.; to the point of beginning. 89°31′34″ W.; thence counterclockwise along demand service, tel.: 202/622–0077. Designated altitudes. Surface to 6,000 feet a 0.85–NM arc centered at lat. 30°28′46″ N., MSL. long. 89°32′33″ W.; to lat. 30°29′37″ N., long. Background ° ′ ″ Time of designation. Intermittent, 1000 to 89 32 33 W.; to the point of beginning. On June 21, 2000, the President 0300 local time, as activated by NOTAM at Designated altitudes. 4,000 feet MSL to signed Executive Order 13159, least 24 hours in advance. 10,000 feet MSL. ‘‘Blocking Property of the Government Time of designation. Intermittent, 2000 to Controlling agency. FAA, Houston ARTCC. of the Russian Federation Relating to the Using agency. NASA, Director, Stennis 0500 local time, as activated by NOTAM at Space Center, Bay St. Louis, MS. least 24 hours in advance; and 1800 to 2000 Disposition of Highly Enriched Uranium local time, November 1 to March 1, as Extracted from Nuclear Weapons’’ (E.O. R–4403C Stennis Space Center, MS [New] activated by NOTAM at least 24 hours in 13159), finding that the risk of nuclear Boundaries. Beginning at lat. 30°27′58″ N., advance, not to exceed 20 days per year. proliferation created by the long. 89°35′27″ W.; to lat. 30°22′35″ N., long. Controlling agency. FAA, Houston ARTCC. accumulation of a large volume of 89°35′27″ W.; to lat. 30°22′35″ N., long. Using agency. U.S. Navy, Commander, weapons-usable fissile material in the 89°32′06″ W.; thence counterclockwise along Naval Special Warfare Command, Naval territory of the Russian Federation a 4.2–NM arc centered at lat. 30°22′04″ N., Special Warfare N31 Branch, Stennis Space ° ′ ″ ° ′ ″ constituted an unusual and long. 89 27 17 W.; to lat. 30 20 28 N., long. Center, Bay St. Louis, MS. extraordinary threat to the national 89°31′46″ W.; to lat. 30°19′19″ N., long. 89°35′32″ W.; to lat. 30°18′23″ N., long. Issued in Washington, DC on March 23, security and foreign policy of the United 89°40′17″ W.; to lat. 30°21′08″ N., long. 2016. States, and declaring a national 89°42′25″ W.; to lat. 30°22′22″ N., long. Leslie M. Swann, emergency to deal with that threat. In ° ′ ″ ° ′ ″ 89 42 58 W.; to lat. 30 23 44 N., long. Acting Manager, Airspace Policy Group. E.O. 13159, the President ordered 89°42′43″ W.; to lat. 30°26′40″ N., long. blocked the property and interests in [FR Doc. 2016–07055 Filed 3–28–16; 8:45 am] 89°40′51″ W.; thence counterclockwise along property of the Russian Federation a 3–NM arc centered at lat. 30°29′15″ N., BILLING CODE 4910–13–P directly related to the implementation of long. 89°39′04″ W.; to lat. 30°27′08″ N., long. ° ′ ″ the Agreement Between the Government 89 36 37 W.; to the point of beginning. of the United States of America and the Designated altitudes. Surface to 10,000 feet DEPARTMENT OF THE TREASURY MSL. Government of the Russian Federation Time of designation. Intermittent, 2000 to Office of Foreign Assets Control Concerning the Disposition of Highly 0500 local time, as activated by NOTAM at Enriched Uranium Extracted from least 24 hours in advance; and 1800 to 2000 31 CFR Part 540 Nuclear Weapons, dated February 18, local time, November 1 to March 1, as 1993, and related contracts and activated by NOTAM at least 24 hours in Highly Enriched Uranium (HEU) agreements (collectively, the ‘‘HEU advance, not to exceed 20 days per year. Agreement Assets Control Regulations Agreements’’). Controlling agency. FAA, Houston ARTCC. On July 25, 2001, OFAC issued the Using agency. U.S. Navy, Commander, AGENCY: Office of Foreign Assets Highly Enriched Uranium (HEU) Naval Special Warfare Command, Naval Control, Treasury Agreement Assets Control Regulations, Special Warfare N31 Branch, Stennis Space ACTION: Center, Bay St. Louis, MS. Final rule. 31 CFR part 540 (the ‘‘Regulations’’), as a final rule to implement Executive R–4403E Stennis Space Center, MS [New] SUMMARY: The Department of the Order 13159. Boundaries. Beginning at lat. 30°29′37″ N., Treasury’s Office of Foreign Assets On June 21, 2012, the national long. 89°35′16″ W.; to lat. 30°29′37″ N., long. Control (OFAC) is removing from the emergency declared in E.O. 13159 89°32′33″ W.; thence clockwise along a Code of Federal Regulations the Highly automatically terminated pursuant to 0.85M arc centered at lat. 30°28′46″ N., long. Enriched Uranium (HEU) Agreement ° ′ ″ ° ′ ″ section 202(d) of the National 89 32 33 W.; to lat. 30 28 46 N., long. Assets Control Regulations as a result of Emergencies Act, 50 U.S.C. 1622(d) 89°31′34″ W.; to lat. 30°26′25″ N., long. the termination of the national (NEA). 89°31′34″ W.; to lat. 30°24′02″ N., long. emergency on which the regulations ° ′ ″ On June 25, 2012, President Obama 89 31 34 W.; thence counterclockwise along were based. a 4.2–NM arc centered at lat. 30°22′04″ N., signed Executive Order 13617, long. 89°27′17″ W.; to lat. 30°22′35″ N., long. DATES: Effective: March 29, 2016. ‘‘Blocking Property of the Government 89°32′06″ W.; to lat. 30°22′35″ N., long. FOR FURTHER INFORMATION CONTACT: The of the Russian Federation Relating to the 89°35′27″ W.; to lat. 30°27′58″ N., long. Department of the Treasury’s Office of Disposition of Highly Enriched Uranium

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Extracted From Nuclear Weapons’’ (E.O. requirements that would require the DATES: Effective April 28, 2016. 13617). In E.O. 13617, the President approval of the Office of Management FOR FURTHER INFORMATION CONTACT: Ms. found that the risk of nuclear and Budget under 44 U.S.C. 3501 et seq. Katherine Brennan, (703) 692–6721. proliferation created by the List of Subjects in 31 CFR Part 540 SUPPLEMENTARY INFORMATION: On May accumulation of a large volume of 19, 2015, the Department of the Army weapons-usable fissile material in the Administrative practice and published an interim rule in the Federal territory of the Russian Federation procedure, Blocking of assets, Register (80 FR 28545), as 32 CFR part constituted an unusual and Government of the Russian Federation, 635, to amend its regulation concerning extraordinary threat to the national HEU Agreement, Nuclear materials, law enforcement reporting for a number security and foreign policy of the United Penalties, Reporting and recordkeeping of statutory requirements to better States, and declared a new national requirements, Uranium. coordinate law enforcement work and emergency to deal with that threat. The For the reasons set forth in the personnel both within the Department President issued E.O. 13617 to continue preamble, and under the authority of 3 of the Army, across DoD, and with other to protect the same property and U.S.C. 301; 50 U.S.C. 1601–1651; E.O. Federal, State, and local law interests in property that had been 13159, 66 FR 39279, 3 CFR, 2001 enforcement officials. blocked pursuant to the national Comp., p. 277; E.O. 13617, 77 FR 38459, The interim rule met law enforcement emergency declared in E.O. 13159. 3 CFR, 2013 Comp., p. 217; E.O. 13695, reporting requirements for selected On May 26, 2015, the President issued 80 FR 30331, OFAC amends 31 CFR criminal and national security incidents Executive Order 13695, ‘‘Termination of chapter V as follows: and provides law enforcement agencies, Emergency With Respect to the Risk of such as the Department of Homeland Nuclear Proliferation Created by the PART 540—[REMOVED] Security and Transportation Security Accumulation of a Large Volume of Administration, with the most current ■ 1. Remove part 540. Weapons-Usable Fissile Material in the information available. It also provided Territory of the Russian Federation’’ Dated: March 22, 2016. the Army chain of command with (E.O. 13695). In E.O. 13695, the John E. Smith, timely criminal information to respond President found that the situation that Acting Director, Office of Foreign Assets to queries from the Department of gave rise to the declaration of a national Control. Defense, the news media, and others. emergency in E.O. 13617 had been [FR Doc. 2016–06874 Filed 3–28–16; 8:45 am] The rule established policies and significantly altered by the successful BILLING CODE P procedures for offense and serious- implementation of the HEU Agreements. incident reporting with the Army; for As a result, he terminated the national reporting to DoD and the Department of emergency declared in E.O. 13617 and DEPARTMENT OF DEFENSE Justice, as appropriate; and for revoked that order, noting that, pursuant participating in the Federal Bureau of to section 202 of the NEA (50 U.S.C. Department of the Army Investigation’s National Crime 1622), termination of the national Information Center, the Department of emergency shall not affect any action 32 CFR Part 635 Justice’s Criminal Justice Information taken or proceeding pending that was System, the National Law Enforcement not fully concluded or determined as of [Docket No. USA–2010–0020] Telecommunications System, and State the date of E.O. 13695, any action or RIN 0702–AA62 criminal justice systems. It also updated proceeding based on any act committed various reporting requirements prior to such date, or any rights or Law Enforcement Reporting described in various Federal statutes. duties that matured or penalties that were incurred prior to such date. AGENCY: Department of the Army, DoD. I. Public Comments Accordingly, OFAC is removing the ACTION: Final rule. The publication of this rule finalizes Regulations from the Code of Federal the interim final rule published on May Regulations. Removal of this part does SUMMARY: This rule adopts as final, with 19, 2015, and will ensure the Army is not affect ongoing enforcement minor administrative changes, an in compliance with multiple proceedings or prevent the initiation of interim rule of the Department of the Department of Defense and Federal enforcement proceedings with respect to Army to amend its regulation requirements. No comments were violations of the Regulations or of E.O. concerning law enforcement reporting received on the interim rule; however, 13617 when they were in effect. for a number of statutory requirements the Department of the Army is making to better coordinate law enforcement minor administrative changes based on Public Participation work and personnel both within the the name change of a form and reporting Because the Regulations involve a Department of the Army, across the system mentioned in the rule. foreign affairs function, the provisions Department of Defense (DoD), and with of Executive Order 12866 and the other Federal, State, and local law II. Cost and Benefits Administrative Procedure Act (5 U.S.C. enforcement officials. The Department This rule will not have a monetary 553) requiring notice of proposed of the Army is making minor effect upon the public. This rule rulemaking, opportunity for public administrative changes based on the facilitates information sharing between participation, and delay in effective date name change of a form and reporting authorized agencies to enhance are inapplicable. Because no notice of system mentioned in the rule. The protection of personnel and resources proposed rulemaking is required for this Centralized Operations Police Suite critical to DoD mission assurance. rule, the Regulatory Flexibility Act (5 (COPS) Military Police Reporting III. Retrospective Review U.S.C. 601–612) does not apply. System (MPRS) name is changed to Army Law Enforcement Reporting and The revisions to this rule will be Paperwork Reduction Act Tracking System (ALERTS). The reported in future status updates as part The Paperwork Reduction Act does Department of the Army Form 3975, of DoD’s retrospective plan under not apply because this rule does not ‘‘Military Police Report’’ name was Executive Order 13563 completed in impose information collection changed to ‘‘Law Enforcement Report’’. August 2011. DoD’s full plan can be

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accessed at: http://www.regulations.gov/ H. Executive Order 13132 (Federalism) Centralized Operations Police Suite #!docketDetail;D=DOD-2011-OS-0036. The Department of the Army has (COPS)’’ and adding in its place ‘‘Army’s Law Enforcement Reporting IV. Regulatory Procedures determined that the criteria of Executive Order 13132 do not apply because this and Tracking System (ALERTS)’’ in A. Regulatory Flexibility Act rule will not have a substantial effect on paragraph (c). ■ b. Revising paragraphs (e)(1) and (2). the States, on the relationship between The Department of the Army has The revisions read as follows: determined that the Regulatory the national government and the States, Flexibility Act does not apply because or on the distribution of power and § 635.6 Registration of sex offenders on the rule does not have a significant responsibilities among the various Army installations (inside and outside the Continental United States). economic impact on a substantial levels of government. * * * * * number of small entities within the List of Subjects in 32 CFR Part 635 meaning of the Regulatory Flexibility (e) * * * Act, 5 U.S.C. 601–612. Crime, Law, Law enforcement, Law (1) Complete a Raw Data File as an enforcement officers, Military law. information entry into ALERTS. B. Unfunded Mandates Reform Act (2) Ensure the sex offender produces Thomas Blair, either evidence of the qualifying The Department of the Army has Chief, Law Enforcement Branch, Operations conviction or the sex offender determined that the Unfunded Division, Office of the Provost Marshal registration paperwork in order to Mandates Reform Act does not apply General, DA. complete the narrative with the state in because the rule does not include a For reasons stated in the preamble the which the sex offender was convicted, mandate that may result in estimated Department of the Army amends 32 CFR date of conviction, and results of costs to State, local or tribal part 635 as follows: conviction, to include length of time governments in the aggregate, or the required to register and any specific private sector, of $100 million or more. PART 635—LAW ENFORCEMENT court ordered restrictions. REPORTING C. National Environmental Policy Act * * * * * ■ The Department of the Army has 1. The authority citation for part 635 § 635.8 [Amended] continues to read as follows: determined that the National e. Amend § 635.8 by removing ‘‘MPR’’ Environmental Policy Act does not Authority: 28 U.S.C. 534, 42 U.S.C. 10601, and adding in its place ‘‘Law apply because the rule does not have an 18 U.S.C. 922, 10 U.S.C. 1562, 10 U.S.C. Enforcement Report’’ in paragraph adverse impact on the environment. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. (d)(3). 1565, 42 U.S.C. 14135a. D. Paperwork Reduction Act § 635.17 [Amended] § 635.1 [Amended] f. Amend § 635.17 by removing It has been certified that this rule does ■ 2. Amend § 635.1 by removing ‘‘MPR’’ impose reporting or recordkeeping ‘‘COPS’’ and adding in its place and adding in its place ‘‘Law ‘‘ALERTS’’ in paragraph (b) requirements under the Paperwork Enforcement Report’’. Reduction Act of 1995. OMB has introductory text. approved these requirements under § 635.3 [Amended] [FR Doc. 2016–07054 Filed 3–28–16; 8:45 am] OMB Control Number 0702–0128. ■ 3. Amend § 635.3 by removing BILLING CODE 5001–03–P E. Executive Order 12630 (Government ‘‘MPRs’’ and adding in its place ‘‘law Actions and Interference With enforcement reports’’ in paragraph (c) DEPARTMENT OF HOMELAND Constitutionally Protected Property introductory text and paragraph (c)(2). SECURITY Rights) ■ 4. Amend § 635.5 by: ■ a. Revising paragraph (b). Coast Guard The Department of the Army has ■ b. Removing ‘‘COPS MPRS’’ and determined that Executive Order 12630 adding in its place ‘‘ALERTS’’ in 33 CFR Part 117 does not apply because the rule does not paragraphs (d) and (e) introductory text. impair private property rights. ■ c. Removing ‘‘COPS MPRS’’ and [Docket No. USCG–2016–0230] adding in its place ‘‘ALERTS’’ in F. Executive Order 12866 (Regulatory Drawbridge Operation Regulation; Planning and Review) and Executive paragraph (e)(4) the first time it appears and removing ‘‘COPS MPRS system’’ Lake Washington Ship Canal, Seattle, Order 13563 (Improving Regulation and WA Regulatory Review) and adding in its place ‘‘ALERTS’’ at the end of paragraph (e)(4). AGENCY: Coast Guard, DHS. The Department of the Army has The revision reads as follows: ACTION: Notice of deviation from determined that according to the criteria drawbridge regulation. defined in Executive Order 12866 and § 635.5 Name checks. Executive Order 13563 this rule is not * * * * * SUMMARY: The Coast Guard has issued a a significant regulatory action. (b) Checks will be accomplished by a temporary deviation from the operating review of the Army’s Law Enforcement G. Executive Order 13045 (Protection of schedule that governs the University Reporting and Tracking System Bridge, mile 4.3, and the Montlake Children From Environmental Health (ALERTS). Information will be Risk and Safety Risks) Bridge, mile 5.2, both crossing Lake disseminated according to subpart B of Washington Ship Canal at Seattle, WA. The Department of the Army has this part. The deviation is necessary to determined that the criteria of Executive * * * * * accommodate the ‘‘Beat the Bridge’’ foot Order 13045 do not apply because this ■ 5. Amend § 635.6 by: race event. This deviation allows the rule does not implement or require ■ a. Removing ‘‘Department of the Army bridges to remain in the closed-to- actions impacting environmental health Form 3975’’ and adding in its place navigation position to allow for the safe and safety risks on children. ‘‘Raw Data File’’ and removing ‘‘Army’s movement of event participants.

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DATES: This deviation is effective from from the operating regulations is to-navigation position. The University 8 a.m. to 9:30 a.m. on May 15, 2016. authorized under 33 CFR 117.35. Bridge provides a vertical clearance of ADDRESSES: The docket for this Dated: March 23, 2016. 30 feet in the closed-to-navigation deviation, [USCG–2016–0230] is Steven M. Fischer, position. Both bridge clearances are referenced to the mean water elevation available at http://www.regulations.gov. Bridge Administrator, Thirteenth Coast Guard Type the docket number in the District. of Lake Washington. The normal operating schedule for both the Fremont ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ [FR Doc. 2016–07011 Filed 3–28–16; 8:45 am] Bridge and the University Bridge is in Click on Open Docket Folder on the line BILLING CODE 9110–04–P associated with this deviation. 33 CFR 117.1051. During this deviation period, the Fremont Bridge, mile 2.6, FOR FURTHER INFORMATION CONTACT: If need not open to marine vessels from you have questions on this temporary DEPARTMENT OF HOMELAND SECURITY 8:15 a.m. to 10 a.m. on May 22, 2016. deviation, call or email Mr. Steven The University Bridge, mile 4.3, need Fischer, Bridge Administrator, Coast Guard not open to marine vessel from 8 a.m. Thirteenth Coast Guard District; to 8:30 a.m. on May 22, 2016. Waterway telephone 206–220–7282, email d13-pf- 33 CFR Part 117 usage on the Lake Washington Ship [email protected]. Canal ranges from commercial tug and [Docket No. USCG–2016–0229] SUPPLEMENTARY INFORMATION: The barge to small pleasure craft. Seattle Department of Transportation Drawbridge Operation Regulation; Vessels able to pass through the requested a temporary deviation from Lake Washington Ship Canal, Seattle, bridges in the closed-to-navigation the operating schedule for the WA positions may do so at any time. Both University Bridge, mile 4.3, and the bridges will be able to open for Montlake Bridge, mile 5.2, both crossing AGENCY: Coast Guard, DHS. emergencies, and there is no immediate Lake Washington Ship Canal at Seattle, ACTION: Notice of deviation from alternate route for vessels to pass. The WA, to facilitate safe passage of drawbridge regulation. Coast Guard will also inform the users participants in the ‘‘Beat the Bridge’’ of the waterway through our Local and SUMMARY: foot race. The University Bridge The Coast Guard has issued a Broadcast Notices to Mariners of the provides a vertical clearance of 30 feet temporary deviation from the operating change in operating schedule for the in the closed-to-navigation position. The schedule that governs the Fremont bridge so that vessels can arrange their Montlake Bridge provides 30 feet of Bridge, mile 2.6, and the University transits to minimize any impact caused vertical clearance in the closed-to- Bridge, mile 4.3, both crossing the Lake by the temporary deviation. navigation position throughout the Washington Ship Canal at Seattle, WA. In accordance with 33 CFR 117.35(e), navigation channel, and 46 feet of The deviation is necessary to both drawbridges must return to their vertical clearance in the closed-to- accommodate the Brooks Trailhead 10K regular operating schedule immediately navigation position throughout the & 15K foot race event. This deviation at the end of the designated time period. center 60 feet of the bridge. Vertical allows the bridges to remain in the This deviation from the operating clearances are referenced to the Mean closed-to-navigation position to allow regulations is authorized under 33 CFR Water Level of Lake Washington. The for the safe movement of event 117.35. participants. normal operating schedule for both the Dated: March 23, 2016. DATES: This deviation is effective from University Bridge and Montlake Bridge Steven M. Fischer, is in 33 CFR 117.1051. During this 8 a.m. to 10 a.m. on May 22, 2016. Bridge Administrator, Thirteenth Coast Guard deviation period, the University Bridge, ADDRESSES: The docket for this District. mile 4.3, need not open to marine deviation, [USCG–2016–0229] is [FR Doc. 2016–07010 Filed 3–28–16; 8:45 am] vessels from 8 a.m. to 9:30 a.m. on May available at http://www.regulations.gov. 15, 2016. The Montlake Bridge, mile 5.2, Type the docket number in the BILLING CODE 9110–04–P need not open to marine vessels from ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 8:15 a.m. to 8:45 a.m. on May 15, 2016. Click on Open Docket Folder on the line DEPARTMENT OF HOMELAND Waterway usage on Lake Washington associated with this deviation. SECURITY Ship Canal ranges from commercial tug FOR FURTHER INFORMATION CONTACT: If and barge to small pleasure craft. you have questions on this temporary Coast Guard Vessels able to pass through the deviation, call or email Mr. Steven bridges in the closed positions may do Fischer, Bridge Administrator, 33 CFR Part 165 so at any time. Both bridges will be able Thirteenth Coast Guard District; [Docket Number USCG–2016–0022] to open for emergencies, and there is no telephone 206–220–7282, email d13-pf- immediate alternate route for vessels to [email protected]. RIN 1625–AA–08 pass. The Coast Guard will also inform SUPPLEMENTARY INFORMATION: The the users of the waterways through our Seattle Department of Transportation Safety Zone; Cooper River Bridge Run, Local and Broadcast Notices to Mariners requested a temporary deviation from Cooper River, and Town Creek of the change in operating schedule for the operating schedule for the Fremont Reaches, Charleston, SC the bridge so that vessel operators can Bridge, mile 2.6, and the University AGENCY: Coast Guard, DHS. arrange their transits to minimize any Bridge, mile 4.3, both crossing the Lake ACTION: Temporary final rule. impact caused by the temporary Washington Ship Canal at Seattle, WA, deviation. to facilitate safe passage of participants SUMMARY: The Coast Guard is In accordance with 33 CFR 117.35(e), in the Brooks Trailhead 10K & 15K foot establishing a temporary safety zone for the drawbridge must return to its regular race event. The Fremont Bridge certain waters of the Cooper River and operating schedule immediately at the provides a vertical clearance of 14 feet Town Creek Reaches in Charleston, end of the effective period of this (31 feet of vertical clearance for the South Carolina during the Cooper River temporary deviation. This deviation center 36 horizontal feet) in the closed- Bridge Run on April 2, 2016 from 7:30

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a.m. to 10:30 a.m. The Cooper River Under 5 U.S.C. 553(d)(3), the Coast A. Regulatory Planning and Review Bridge Run is a 10–K run across the Guard finds that good cause exists to E.O.s 12866 and 13563 direct agencies Arthur Ravenel Bridge. The safety zone make this rule effective less than 30 to assess the costs and benefits of is necessary for the safety of the runners days after publication in the Federal available regulatory alternatives and, if and the general public during this event. Register because any delay in the regulation is necessary, to select This regulation prohibits persons and effective date of this rule would be regulatory approaches that maximize vessels from entering, transiting impracticable and contrary to the public net benefits. E.O.13563 emphasizes the through, anchoring in, or remaining interest. Immediate action is needed to importance of quantifying both costs within the safety zone unless authorized minimize potential danger to the public and benefits, of reducing costs, of by the Captain of the Port Charleston or during the date of the event. harmonizing rules, and of promoting a designated representative. III. Legal Authority and Need for Rule flexibility. This rule has not been DATES: This rule is effective from 7:30 designated a ‘‘significant regulatory a.m. to 10:30 a.m. on April 2, 2016. The legal basis for this rule is the action,’’ under E.O. 12866. Accordingly, ADDRESSES: To view documents Coast Guard’s authority to establish the rule has not been reviewed by the mentioned in this preamble as being regulated safety zones and other limited Office of Management and Budget. This available in the docket, go to http:// access areas: 33 U.S.C. 1231; 50 U.S.C. rule is not a significant regulatory action www.regulations.gov, type USCG–2016– 191, 33 CFR 1.05–1, 6.04–1, 6.04–6, under section 3(f) of Executive Order 0022 in the ‘‘SEARCH’’ box and click 160.5; and Department of Homeland 12866, Regulatory Planning and Review, ‘‘SEARCH.’’ Click on Open Docket Security Delegation No. 0170. The as supplemented by Executive Order Folder on the line associated with this purpose of the rule is to ensure the 13563, Improving Regulation and rule. safety of the runners, and the general Regulatory Review, and does not require FOR FURTHER INFORMATION CONTACT: If public during the Cooper River Bridge an assessment of potential costs and you have questions on this rule call or Run. benefits under section 6(a)(3) of email Lieutenant John Downing, Sector IV. Discussion of Comments, Changes, Executive Order 12866 or under section Charleston Office of Waterways and the Rule 1 of Executive Order 13563. The Office Management, Coast Guard; telephone of Management and Budget has not (843) 740–3184, email John.Z.Downing@ As noted above, we received no reviewed it under those Orders. uscg.mil. comments on our NPRM published The economic impact of this rule is SUPPLEMENTARY INFORMATION: February 11, 2016. There are no changes not significant for the following reasons: in the regulatory text of this rule from (1) The safety zone will only be I. Table of Abbreviations the proposed rule in the NPRM. enforced for a total of three hours; (2) CFR Code of Federal Regulations This rule establishes a safety zone on although persons and vessels may not DHS Department of Homeland Security the waters of the Cooper River and enter, transit through, anchor in, or E.O. Executive order Town Creek Reaches in Charleston, remain within the safety zone without FR Federal Register South Carolina during the Cooper River authorization from the Captain of the NPRM Notice of proposed rulemaking Bridge Run. The race is scheduled to Port Charleston or a designated Pub. L. Public Law take place from 7:30 a.m. to 10:30 a.m. § Section representative, they may operate in the U.S.C. United States Code on April 2, 2016. Approximately 40,000 surrounding area during the COTP Captain of the Port runners are anticipated to participate in enforcement period; and (3) the Coast the race. Persons and vessels desiring to Guard will provide advance notification II. Background Information and enter, transit through, anchor in, or of the safety zone to the local maritime Regulatory History remain within the safety zone may community by Local Notice to Mariners The purpose of the rule is to ensure contact the Captain of the Port and Broadcast Notice to Mariners. the safety of the runners, and the Charleston by telephone at (843) 740– B. Impact on Small Entities general public during the scheduled 7050, or a designated representative via event. The Coast Guard published a VHF radio on channel 16, to request The Regulatory Flexibility Act of notice of proposed rulemaking titled authorization. If authorization to enter, 1980, 5 U.S.C. 601–612, as amended, Cooper River Bridge Run, Cooper River, transit through, anchor in, or remain requires Federal agencies to consider and Town Creek Reaches, Charleston, within the safety zone is granted by the the potential impact of regulations on SC. There we stated why we issued the Captain of the Port Charleston or a small entities during rulemaking. The NPRM, and invited comments on our designated representative, all persons term ‘‘small entities’’ comprises small proposed regulatory action related to and vessels receiving such authorization businesses, not-for-profit organizations this Safety Zone. During the comment must comply with the instructions of that are independently owned and period that ended February 26, 2016, we the Captain of the Port Charleston or a operated and are not dominant in their received no comments. designated representative. The Coast fields, and governmental jurisdictions We are issuing this rule, and under 5 Guard will provide notice of the safety with populations of less than 50,000. U.S.C. 553(d)(3), the Coast Guard finds zone by Local Notice to Mariners, The Coast Guard received 0 comments that good cause exists for making it Broadcast Notice to Mariners, and on- from the Small Business Administration effective less than 30 days after scene designated representatives. on this rulemaking. The Coast Guard publication in the Federal Register. It is certifies under 5 U.S.C. 605(b) that this V. Regulatory Analyses impracticable to publish notice of this rule will not have a significant regulation at least 30 days before the We developed this rule after economic impact on a substantial effective date because the Coast Guard considering numerous statutes and number of small entities. This rule may did not receive the proper information Executive orders related to rulemaking. affect the following entities, some of with enough advance time to effectively Below we summarize our analyses which may be small entities: the owner publish both the NPRM and notice of based on a number of these statutes and or operators of vessels intending to this regulation. The Coast Guard Executive orders, and we discuss First enter, transit through, anchor in, or received no comments on the NPRM. Amendment rights of protestors. remain within the regulated area during

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the enforcement period. For the reasons federalism or Indian tribes, please PART 165—REGULATED NAVIGATION discussed in Regulatory Planning and contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS Review section above, this rule will not FURTHER INFORMATION CONTACT section. have a significant economic impact on ■ 1. The authority citation for part 165 E. Unfunded Mandates Reform Act a substantial number of small entities. continues to read as follows: The Unfunded Mandates Reform Act Under section 213(a) of the Small Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of Department of Homeland Security Delegation we want to assist small entities in their discretionary regulatory actions. In No. 0170.1. understanding this rule. If the rule particular, the Act addresses actions would affect your small business, that may result in the expenditure by a ■ 2. Add a temporary § 165.35T07–0022 organization, or governmental State, local, or tribal government, in the to read as follows: aggregate, or by the private sector of jurisdiction and you have questions § 165.T07–0022 Safety Zone; Cooper River concerning its provisions or options for $100,000,000 (adjusted for inflation) or Bridge Run, Charleston, SC. compliance, please contact the person more in any one year. Though this rule (a) Location. All waters of the Cooper listed in the FOR FURTHER INFORMATION will not result in such expenditure, we River, and Town Creek Reaches CONTACT section. do discuss the effects of this rule encompassed within the following Small businesses may send comments elsewhere in this preamble. ° ′ ″ ° ′ ″ on the actions of Federal employees points: 32 48 32 N./079 56 08 W., F. Environment ° ′ ″ ° ′ ″ ° ′ ″ who enforce, or otherwise determine 32 48 20 N./079 54 20 W., 32 47 20 We have analyzed this rule under N./079°54′29″ W., 32°47′20″ N./ compliance with, Federal regulations to ° ′ ″ the Small Business and Agriculture Department of Homeland Security 079 55 28 W. Regulatory Enforcement Ombudsman Management Directive 023–01 and (b) Definition. The term ‘‘designated and the Regional Small Business Commandant Instruction M16475.lD, representative’’ means Coast Guard Regulatory Fairness Boards. The which guide the Coast Guard in Patrol Commanders, including Coast Ombudsman evaluates these actions complying with the National Guard coxswains, petty officers, and annually and rates each agency’s Environmental Policy Act of 1969 (42 other officers operating Coast Guard responsiveness to small business. If you U.S.C. 4321–4370f), and have vessels, and Federal, state, and local wish to comment on actions by determined that this action is one of a officers designated by or assisting the employees of the Coast Guard, call 1– category of actions that do not Captain of the Port Charleston in the 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a enforcement of the regulated areas. Coast Guard will not retaliate against significant effect on the human (c) Regulations. (1) All persons and small entities that question or complain environment. This rule involves a safety vessels are prohibited from entering, about this rule or any policy or action zone prohibiting vessel traffic from a transiting through, anchoring in, or of the Coast Guard. limited area surrounding the Cooper remaining within the regulated area River Bridge on the waters of the Cooper unless authorized by the Captain of the C. Collection of Information River and Town Creek Reaches for a 3 Port Charleston or a designated This rule will not call for a new hour period. This rule is categorically representative. collection of information under the excluded from further review under (2) Persons and vessels desiring to Paperwork Reduction Act of 1995 (44 paragraph 34(g) of Figure 2–1 of the enter, transit through, or remain within U.S.C. 3501–3520). Commandant Instruction. An the regulated area may contact the environmental analysis checklist Captain of the Port Charleston by D. Federalism and Indian Tribal supporting this determination and a telephone at 843–740–7050, or a Governments Categorical Exclusion Determination are designated representative via VHF radio A rule has implications for federalism available in the docket where indicated on channel 16, to request authorization. under Executive Order 13132, under ADDRESSES. We seek any If authorization to enter, transit through, Federalism, if it has a substantial direct comments or information that may lead or remain within the regulated area is effect on the States, on the relationship to the discovery of a significant granted by the Captain of the Port between the national government and environmental impact from this rule. Charleston or a designated the States, or on the distribution of representative, all persons and vessels G. Protest Activities power and responsibilities among the receiving such authorization must various levels of government. We have The Coast Guard respects the First comply with the instructions of the analyzed this rule under that Order and Amendment rights of protesters. Captain of the Port Charleston or a have determined that it is consistent Protesters are asked to contact the designated representative. with the fundamental federalism person listed in the FOR FURTHER (3) The Coast Guard will provide principles and preemption requirements INFORMATION CONTACT section to notice of the regulated area by Local described in Executive Order13132. coordinate protest activities so that your Notice to Mariners, Broadcast Notice to Also, this rule does not have tribal message can be received without Mariners, and on-scene designated implications under Executive Order jeopardizing the safety or security of representatives. 13175, Consultation and Coordination people, places or vessels. (d) Enforcement period. This rule will with Indian Tribal Governments, List of Subjects in 33 CFR Part 165 be enforced from 7:30 a.m. until 10:30 because it does not have a substantial a.m. on April 2, 2016. direct effect on one or more Indian Harbors, Marine safety, Navigation tribes, on the relationship between the (water), Reporting and recordkeeping Dated: March 18, 2016. Federal Government and Indian tribes, requirements, Security measures, G.L. Tomasulo, or on the distribution of power and Waterways. Captain, U.S. Coast Guard, Captain of the responsibilities between the Federal For the reasons discussed in the Port Charleston. Government and Indian tribes. If you preamble, the Coast Guard amends 33 [FR Doc. 2016–06972 Filed 3–28–16; 8:45 am] believe this rule has implications for CFR part 165 as follows: BILLING CODE 9110–04–P

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ENVIRONMENTAL PROTECTION revisions concern emissions of oxides of confidential business information AGENCY nitrogen (NOX) from fan-driven natural- (CBI)). To inspect the hard copy gas-fired central furnaces for residences materials, please schedule an 40 CFR Part 52 and businesses. We are approving local appointment during normal business rules that regulate these emission hours with the contact listed in the FOR [EPA–R09–OAR–2015–0552; FRL–9943–40– sources under the Clean Air Act (CAA FURTHER INFORMATION CONTACT section. Region9] or the Act). FOR FURTHER INFORMATION CONTACT: Approval of California Air Plan DATES: These rules will be effective on Kevin Gong, EPA Region IX, (415) 972 Revisions, San Joaquin Valley Unified April 28, 2016. 3073, [email protected]. ADDRESSES: Air Pollution Control District and South The EPA has established SUPPLEMENTARY INFORMATION: Coast Air Quality Management District docket number EPA–R09–OAR–2015– Throughout this document, ‘‘we,’’ ‘‘us’’ 0552 for this action. Generally, and ‘‘our’’ refer to the EPA. AGENCY: Environmental Protection documents in the docket for this action Agency (EPA). are available electronically at http:// Table of Contents ACTION: Final rule. www.regulations.gov or in hard copy at I. Proposed Action EPA Region IX, 75 Hawthorne Street, II. Public Comments and EPA Responses SUMMARY: The Environmental Protection San Francisco, California 94105–3901. III. EPA Action Agency (EPA) is taking final action to While all documents in the docket are IV. Incorporation by Reference approve revisions to the San Joaquin listed at http://www.regulations.gov, V. Statutory and Executive Order Reviews Valley Unified Air Pollution Control some information may be publicly I. Proposed Action District (SJVUAPCD) and the South available only at the hard copy location Coast Air Quality Management District (e.g., copyrighted material, large maps, On November 7, 2015 in 80 FR 68484, (SCAQMD) portions of the California multi-volume reports), and some may the EPA proposed to approve the State Implementation Plan (SIP). These not be available in either location (e.g., following rules into the California SIP.

Local agency Rule No. Rule title Amended Submitted

SJVUAPCD ...... 4905 Natural-Gas-Fired, Fan-Type Central Furnaces ...... 01/22/15 04/07/15 SCAQMD ...... 1111 Reduction of NOX Emissions From Natural-Gas-Fired, Fan- 09/05/14 04/07/15 Type Central Furnaces.

We proposed to approve these rule comments and our responses are as consider comments or comment because we determined that they follows: contents located outside of the primary complied with the relevant CAA Comment #1: PSPC listed several submission (i.e., on the web, cloud, or requirements. Our proposed action external sources in reference to our other file sharing system).’’ 1 contains more information on the rules proposal. These included the following: Moreover, submitting general and our evaluation. Documents attributed to a California documents on a topic fails to raise any Superior Court case where PSPC was a particular issue with reasonable II. Public Comments and EPA plaintiff against the SCAQMD; specificity as required by the Clean Air Responses references to information attributed to Act and the Administrative Procedures Act. See generally Mossville Envtl. The EPA’s proposed action provided the International Energy Agency and the Action Now v. EPA, 370 F.3d 1232, a 30-day public comment period. On California Governor’s Office of Planning and Research; documents previously 1238 (D.C. Cir. 2004) (‘‘Petitioners also December 7, 2015, we received two point to a sentence in the letter emails from Harvey Eder representing submitted for comment in other EPA dockets (including EPA–R09–OAR– requesting the EPA to use ‘all the Public Solar Power Coalition 2015–0204); communications with local reasonably available data, including the (PSPC). One email included the subject and federal officials; and Santa Cruz data provided under Subpart F.’ line, ‘‘FW: docket ID EPA–R09–2015– County and Los Angeles County Petitioners’ argument that, because 0552, Can,t Email You Again All of The planning documents. None of these Subpart F contains data for both the ten Record from me HE/PSPC inc. into documents were summarized or and 400 ppm standards, the EPA was on record by reference from 6/2014 etc. to provided as attachments to comments notice fails for the same reasons as today SC PM 2.5 SC SIP EPA–R09– on docket EPA–R09–OAR–2015–0552. articulated above.’’) Therefore, EPA is OAR–2015–0204 to Extreme.’’ The Response #1: In PSPC’s emails to the not making any changes to our proposed second email included the subject line, EPA, PSPC did not provide attachments approval on the basis of this comment. ‘‘FW: Part 3 of 3 there may be a Part 4/ or provide source materials supporting Comment #2: PSPC commented that a This isDocut ID EPA–R09–OAR–2015– its claims. The emails attempted to range of solar-related technologies, 0552, emissions of NOX from fan-driven incorporate by reference various news including solar seasonal heating, natural-gas-firedd furnaces for res & articles, reports, and other documents in concentrating solar, and photovoltaic- business SCD R1111/SJV 4905 +FRL– support of PSPC’s stated claims and powered heating and cooling systems 9936–70–Region 9 (pt 1 & 2 also Inc assertions (see additional discussion in are an alternative to natural gas-fired This etc. Incorporate allfrom . . .’’ We Comments #2 and #3). However, such a home furnaces that are subject to this received an additional email from PSPC practice is in violation of EPA’s rule. PSPC claims that the EPA should on December 9, 2015 labeled as ‘‘part 1 commenting guidelines, available at of 3,’’ after the close of the comment http://www.epa.gov/dockets/ 1 United States Environmental Protection Agency. period. We have summarized below the ‘‘Commenting on EPA Dockets—Rules and commenting-epa-dockets#rules. In Restrictions.’’ Last updated December 21, 2015. substance of the emailed comments particular, the comments do not comply http://www.epa.gov/dockets/commenting-epa- from PSPC to the extent possible. The with the restriction that ‘‘EPA will not dockets.

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consider such technologies as RACT for federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 space heating applications that are 40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000). currently being fulfilled by furnaces. submissions, the EPA’s role is to The Congressional Review Act, 5 Response #2: The EPA can identify no approve state choices, provided that U.S.C. 801 et seq., as added by the Small CAA requirement in PSPC’s comment they meet the criteria of the Clean Air Business Regulatory Enforcement emails that would require the Act. Accordingly, this action merely Fairness Act of 1996, generally provides consideration of solar-based approves state law as meeting Federal that before a rule may take effect, the technologies as RACT in this context, as requirements and does not impose agency promulgating the rule must all natural gas-fired fan-driven furnaces additional requirements beyond those submit a rule report, which includes a subject to these rules do not meet the imposed by state law. For that reason, copy of the rule, to each House of the major source threshold triggering a this action: Congress and to the Comptroller General RACT requirement for ozone. The SIP • Is not a significant regulatory action of the United States. The EPA will must still implement all RACM/RACT subject to review by the Office of submit a report containing this action for NOX, but these requirements are Management and Budget under and other required information to the generally evaluated in the context of a Executive Orders 12866 (58 FR 51735, U.S. Senate, the U.S. House of broader RACM/RACT assessment. October 4, 1993) and 13563 (76 FR Representatives, and the Comptroller Furthermore, the revisions to South 3821, January 21, 2011); General of the United States prior to Coast Rule 1111 that are the subject of • does not impose an information publication of the rule in the Federal this action do not include any collection burden under the Register. A major rule cannot take effect substantive revisions concerning control provisions of the Paperwork until 60 days after it is published in the technologies or emission limits that Reduction Act (44 U.S.C. 3501 et Federal Register. This action is not a PSPC’s comment would be germane to. seq.); ‘‘major rule’’ as defined by 5 U.S.C. Comment #3: PSPC made several • is certified as not having a significant 804(2). additional claims including: The solar economic impact on a substantial Under section 307(b)(1) of the Clean technologies as described would be number of small entities under the Air Act, petitions for judicial review of RACT for other source categories, Regulatory Flexibility Act (5 U.S.C. this action must be filed in the United including boilers and heaters not subject 601 et seq.); States Court of Appeals for the to the rules in this action; and water • appropriate circuit by May 31, 2016. tank-based solar seasonal storage does not contain any unfunded Filing a petition for reconsideration by heating has secondary use in firefighting mandate or significantly or uniquely the Administrator of this final rule does and public safety applications following affect small governments, as described not affect the finality of this action for earthquakes. in the Unfunded Mandates Reform the purposes of judicial review nor does Response #3: These claims are not Act of 1995 (Pub. L. 104–4); • it extend the time within which a relevant to our analysis of the approval does not have Federalism petition for judicial review may be filed, of the rules and we are finalizing our implications as specified in Executive and shall not postpone the effectiveness proposed approval without change. Order 13132 (64 FR 43255, August 10, 1999); of such rule or action. This action may III. EPA Action • is not an economically significant not be challenged later in proceedings to No comments were submitted that regulatory action based on health or enforce its requirements (see section change our assessment of the rules as safety risks subject to Executive Order 307(b)(2)). described in our proposed action. 13045 (62 FR 19885, April 23, 1997); List of Subjects in 40 CFR Part 52 Therefore, as authorized in section • is not a significant regulatory action 110(k)(3) of the Act, the EPA is fully subject to Executive Order 13211 (66 Environmental protection, Air approving these rules into the California FR 28355, May 22, 2001); pollution control, Incorporation by SIP. • is not subject to requirements of reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and IV. Incorporation by Reference Section 12(d) of the National Technology Transfer and recordkeeping requirements. In this rule, the EPA is finalizing Advancement Act of 1995 (15 U.S.C. Dated: February 4, 2016. regulatory text that includes 272 note) because application of those Jared Blumenfeld, incorporation by reference. In requirements would be inconsistent Regional Administrator, Region IX. accordance with requirements of 1 CFR with the Clean Air Act; and Part 52, Chapter I, Title 40 of the Code 51.5, the EPA is finalizing the • does not provide the EPA with the incorporation by reference of the of Federal Regulations is amended as discretionary authority to address, as follows: SCAQMD and SJVUAPCD rules appropriate, disproportionate human described in the amendments to 40 CFR health or environmental effects, using PART 52—APPROVAL AND part 52 set forth below. The EPA has practicable and legally permissible made, and will continue to make, these PROMULGATION OF methods, under Executive Order IMPLEMENTATION PLANS documents available electronically 12898 (59 FR 7629, February 16, through www.regulations.gov and in 1994). hard copy at the appropriate EPA office ■ 1. The authority citation for Part 52 (see the ADDRESSES section of this In addition, the SIP is not approved continues to read as follows: preamble for more information). to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq. or in any other area where the EPA or V. Statutory and Executive Order an Indian tribe has demonstrated that a Subpart F—California Reviews tribe has jurisdiction. In those areas of Under the Clean Air Act, the Indian country, the rule does not have ■ 2. Section 52.220 is amended by Administrator is required to approve a tribal implications and will not impose adding paragraphs (c)(344)(i)(C)(2), SIP submission that complies with the substantial direct costs on tribal (c)(379)(i)(A)(6), (c)(461)(i)(C)(2) and provisions of the Act and applicable governments or preempt tribal law as (c)(461)(i)(D) to read as follows:

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§ 52.220 Identification of plan. considering a number of factors, II. Background * * * * * including the risk of adverse human A. What action is the agency taking? (c) * * * health or environmental effects, (344) * * * information needs for CDR processing This partial exemption eliminates an (i) * * * and use information, and the existing reporting requirement under 40 (C) * * * availability of other sources of CFR 711.6(b)(2). EPA is adding the (2) Previously approved on May 30, comparable processing and use following chemical substances to the list 2007 in paragraph (c)(344)(i)(C)(1) of information. of chemical substances that are exempt this section and now deleted with from reporting the information replacement in paragraph DATES: This final rule is effective March 29, 2016. described in 40 CFR 711.15(b)(4): Fatty (c)(461)(i)(D)(1), Rule 4905, ‘‘Natural- acids, C14–18 and C16–18 unsaturated, Gas-Fired Fan-Type Central Furnaces,’’ ADDRESSES: The docket for this action, methyl esters (Chemical Abstract adopted on October 20, 2005. identified by docket identification (ID) Services Registry Number (CASRN) * * * * * number EPA–HQ–OPPT–2014–0809, is 67762–26–9); fatty acids, C16–18 and C– (379) * * * available at http://www.regulations.gov 18 unsaturated, methyl esters (CASRN (i) * * * or at the Office of Pollution Prevention 67762–38–3); fatty acids, canola oil, (A) * * * and Toxics Docket (OPPT Docket), methyl esters (CASRN 129828–16–6); (6) Previously approved on August 4, Environmental Protection Agency fatty acids, corn oil, methyl esters 2010 in paragraph (c)(379)(i)(A)(3) of Docket Center (EPA/DC), West William (CASRN 515152–40–6); fatty acids, this section and now deleted with Jefferson Clinton Bldg., Rm. 3334, 1301 tallow, methyl esters (CASRN 61788– replacement in paragraph Constitution Ave. NW., Washington, 61–2); and soybean oil, methyl esters (c)(461)(i)(C)(2), Rule 1111, ‘‘Reduction DC. The Public Reading Room is open (CASRN 67784–80–9). However, by of NOX Emissions from Natural-Gas- from 8:30 a.m. to 4:30 p.m., Monday existing terms at 40 CFR 711.6, this Fired Fan-Type Central Furnaces,’’ through Friday, excluding legal amended on November 6, 2009. holidays. The telephone number for the partial exemption will become inapplicable to a subject chemical * * * * * Public Reading Room is (202) 566–1744, substance in the event that the chemical (461) * * * and the telephone number for the OPPT substance later becomes the subject of a (i) * * * Docket is (202) 566–0280. Please review rule proposed or promulgated under (C) * * * the visitor instructions and additional section 4, 5(a)(2), 5(b)(4), or 6 of the (2) Rule 1111, ‘‘Reduction of NOX information about the docket available Emissions From Natural-Gas-Fired, Fan- at http://www.epa.gov/dockets. Toxic Substances Control Act (TSCA); Type Central Furnaces,’’ amended an enforceable consent agreement (ECA) FOR FURTHER INFORMATION CONTACT: For developed under the procedures of 40 September 5, 2014. technical information contact: Christina (D) San Joaquin Valley Unified Air CFR part 790; an order issued under Thompson, Chemical Control Division TSCA section 5(e) or 5(f); or relief that Pollution Control District. (7405M), Office of Pollution Prevention (1) Rule 4905, ‘‘Natural-Gas-Fired, has been granted under a civil action and Toxics, Environmental Protection under TSCA section 5 or 7. Fan-Type Central Furnaces,’’ amended Agency, 1200 Pennsylvania Ave. NW., January 22, 2015. Washington, DC 20460–0001; telephone In the January 27, 2015 Federal * * * * * number: (202) 564–0983; email address: Register (80 FR 4482)(FRL–9921–56), [FR Doc. 2016–06962 Filed 3–28–16; 8:45 am] [email protected]. EPA published a direct final rule to add BILLING CODE 6560–50–P these six chemical substances to the list For general information contact: The of chemical substances that are partially TSCA-Hotline, ABVI-Goodwill, 422 exempt from reporting additional South Clinton Ave., Rochester, NY ENVIRONMENTAL PROTECTION information under the CDR rule. EPA AGENCY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ received one adverse comment that was pertinent to all six of the chemical 40 CFR Part 711 epa.gov. substances that were the subject of that [EPA–HQ–OPPT–2014–0809; FRL–9941–19] SUPPLEMENTARY INFORMATION: direct final rule. In accordance with the procedures described in the January 27, Partial Exemption of Certain Chemical I. Does this action apply to me? 2015 Federal Register document, EPA Substances From Reporting Additional withdrew the direct final rule, and Chemical Data You may be potentially affected by this action if you manufacture (defined subsequently proposed to add the six AGENCY: Environmental Protection by statute at 15 U.S.C. 2602(7) to chemical substances to the list of Agency (EPA). include import) the chemical substances chemical substances that are partially exempt from reporting additional ACTION: Final rule. contained in this rule. The North American Industrial Classification information under the CDR rule in the SUMMARY: EPA is amending the list of System (NAICS) codes provided here July 22, 2015 Federal Register (80 FR chemical substances that are partially are not intended to be exhaustive, but 43383) (FRL–9928–99). EPA received exempt from reporting additional rather provide a guide to help readers one comment on the proposed rule. information under the Chemical Data determine whether this document Before taking final action, EPA Reporting (CDR) rule. EPA has applies to them. Potentially affected considered both the comment it determined that, based on the totality of entities may include chemical received in response to the direct final information available on the chemical manufacturers subject to CDR reporting rule and the comment it received in substances listed in this final rule, there of one or more subject chemical response to the proposed rule. A full is a low current interest in their CDR substances (NAICS codes 325 and discussion of EPA’s responses to these processing and use information. EPA 324110), e.g., chemical manufacturing comments is included in Unit V. of this reached this conclusion after and petroleum refineries. document.

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B. What is the agency’s authority for III. Petition Process and ‘‘Low Current V. Response to Comment taking this action? Interest’’ Partial Exemption The Agency reviewed and considered This action is finalized under the In 2003 (Ref. 1), EPA established a both comments received related to the authority of TSCA, 15 U.S.C. 2600 et partial exemption for certain chemical direct final rule and the proposed rule. substances for which EPA determined seq., to carry out the provisions of Comment 1: The commenter states the processing and use information section 8(a), 15 U.S.C. 2607(a). TSCA that methyl esters can degrade to required in 40 CFR part 711 to be of section 8(a) authorizes EPA to methanol, and provides references to ‘‘low current interest.’’ That provision support this statement. The commenter promulgate rules under which establishes a particular procedure manufacturers of chemical substances questioned how the possible existence whereby the public may petition EPA to of methanol from methyl esters can be and mixtures must submit such add or remove a chemical substance to information as the Agency may ignored as ‘‘a hazard for human health or from the list of partially exempt and the environment.’’ reasonably require. The partial chemical substances. In determining exemption list was established in 2003 whether the partial exemption should EPA Response: EPA is aware that (Ref. 1) and can be found in 40 CFR apply to a particular chemical some methanol may be formed when 711.6. substance, EPA considers the totality of methyl esters degrade. However, under both aerobic and anaerobic conditions, Consistent with section 553 of the information available for the chemical such methanol is itself rapidly degraded Administrative Procedure Act (APA), 5 substance in question, including but not (Ref. 10). Therefore, EPA does not U.S.C. 553, EPA is finalizing this action limited to information associated with expect exposure to methanol from use of based on public notice and opportunity one or more of the considerations listed at 40 CFR 711.6(b)(2)(ii). the six biofuels included in this petition to comment afforded by the July 22, for partial exemption. Note also that the 2015 proposed rule. Under section The addition of a chemical substance under this partial exemption will not inclusion of a chemical substance under 553(d)(1) of the APA, the Agency may this partial exemption is not a make a rule immediately effective necessarily be based on its potential risks. The addition is based on the determination on the potential risks of ‘‘which grants or recognizes an a chemical substance. Rather, it is a exemption or relieves a restriction.’’ Agency’s current assessment of the need for collecting CDR processing and use determination that there is a low current EPA has determined that this action interest in CDR processing and use ‘‘relieves a restriction’’ by creating a information for that chemical substance, based upon the totality of information information for that substance. Hazard partial exemption from CDR reporting, available during the petition review alone is not determinative of the level without creating any new reporting or process. Additionally, interest in a of interest in such information. Other recordkeeping requirements, and that chemical substance or a chemical pertinent factors include the this action will be effective immediately substance’s processing and use information needs of various parties and upon publication in the Federal information may increase in the future, the current availability of comparable Register. at which time EPA will reconsider the processing and use information. The commenter did not assert that he had a C. Why is the agency taking this action? applicability of a partial exemption for a chemical substance. particular need for additional CDR This rule is in response to a petition information about the processing and IV. Rationale for These Partial EPA received for these chemical use of these chemical substances. Nor Exemptions substances (Refs. 2 and 3) submitted did he dispute EPA’s characterization of under 40 CFR 711.6(b)(2)(iii)(A). EPA EPA is granting a partial exemption the currently available processing and reviewed the information put forward in for: Fatty acids, C14–18 and C16–18 use information. If the level of interest the petition and additional information unsaturated, methyl esters (CASRN in the CDR processing and use against the considerations listed at 40 67762–26–9); fatty acids, C16–18 and C– information for any listed chemical substance were to change after final CFR 711.6(b)(2)(ii). EPA’s chemical 18 unsaturated, methyl esters (CASRN listing, EPA may reevaluate the listing substance-specific analysis is detailed in 67762–38–3); fatty acids, canola oil, decision and pursue amendment of the supplementary documents available in methyl esters (CASRN 129828–16–6); listing as appropriate. the docket under docket ID number fatty acids, corn oil, methyl esters EPA–HQ–OPPT–2014–0809 (Refs. 4, 5, (CASRN 515152–40–6); fatty acids, Comment 2: The Biobased and 6, 7, 8, and 9). The Agency is adding tallow, methyl esters (CASRN 61788– Renewable Advocacy Group (BRAG), these chemical substances to the 61–2); and soybean oil, methyl esters the group that submitted the petitions to (CASRN 67784–80–9) because the EPA for these chemical substances, partially exempt chemical substances Agency has concluded it has low submitted a comment on the proposed list because it has concluded that, based current interest in the processing and rule in support of adding these chemical on the totality of information available, use information for these chemical substances to the list at 40 CFR the CDR processing and use information substances. EPA made these 711.6(b)(2)(iv). BRAG’s comment stated for these chemical substances is of low determinations based on its analysis of that these chemical substances should current interest. the totality of information available on be treated similarly to the petroleum D. What are the impacts of this action? the six chemical substances, including products included in 40 CFR 711.6(b)(1) information about the chemical due to the conditions of manufacture There are no costs associated with substances relevant to the and the properties and uses of the this action and the benefits provided considerations defined at 40 CFR substances. The commenter also notes would be related to avoiding potential 711.6(b)(2)(ii). EPA’s chemical that based on the considerations listed costs. This partial exemption eliminates substance-specific analysis is detailed in at 40 CFR 711.6(b)(2)(ii) ‘‘a partial an existing reporting requirement supplementary documents available in reporting exemption does not require without imposing any new the docket under docket ID number that EPA determine that an affected requirements. See also the discussion in EPA–HQ–OPPT–2014–0809 (Refs. 4, 5, substance poses neither hazard nor Unit VI. 6, 7, 8, and 9). toxicity.’’

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EPA Response: This partial exemption 3. Letter from Biobased and Renewable C. Regulatory Flexibility Act (RFA) Products Advocacy Group, to EPA, OPPT decision is based on the considerations I certify that this action will not have described under 40 CFR 711.6(b)(2)(ii). CDR Submission Coordinator, November 5, 2014. Docket ID number EPA–HQ– a significant economic impact on a EPA has made no determination substantial number of small entities whether any of the six chemical OPPT–2014–0809, supplement to request for exemption of biodiesel products. under the RFA, 5 U.S.C. 601 et seq. In substances should be, as the commenter 4. EPA, OPPT. Fatty acids, C14–18 and C16– making this determination, the impact BRAG suggested, treated similarly to the 18 unsaturated, methyl esters (CASRN of concern is any significant adverse petroleum products included in 40 CFR 67762–26–9) Partial Exemption Analysis. economic impact on small entities. An 711.6(b)(1) due to the conditions of December 2014. agency may certify that a rule will not manufacture and the properties and 5. EPA, OPPT. Fatty acids, C16–18 and C–18 have a significant economic impact on uses of the substances. This latter issue unsaturated, methyl esters (CASRN a substantial number of small entities if 67762–38–3) Partial Exemption Analysis. is moot because equivalent partial the rule has no net burden effect or exemptions are being granted under 40 December 2014. 6. EPA, OPPT. Fatty acids, canola oil, methyl otherwise has a positive economic effect CFR 711.6(b)(2)(ii). on the small entities subject to the rule. EPA agrees that in this action it is not esters (CASRN 129828–16–6) Partial Exemption Analysis. December 2014. As indicated previously, EPA is making a determination of the potential 7. EPA, OPPT. Fatty acids, corn oil, methyl eliminating an existing reporting risks of the six chemical substances. esters (CASRN 515152–40–6) Partial requirement for the chemical identified VI. Economic Impacts Exemption Analysis. December 2014. in this document. In granting a partial 8. EPA, OPPT. Fatty acids, tallow, methyl exemption from existing reporting, this EPA has evaluated the economic esters (CASRN 61788–61–2) Partial final rule does not have a significant consequences associated with amending Exemption Analysis. December 2014. economic impact on any affected the CDR partially exempt chemical 9. EPA, OPPT. Soybean oil, methyl esters entities, regardless of their size. substances list. Since this final rule (CASRN 67784–80–9) Partial Exemption creates a partial exemption from CDR Analysis. December 2014. D. Unfunded Mandates Reform Act reporting, without creating any new 10. OECD (Organization for Economic Co- (UMRA) operation and Development). 2004. SIDS reporting or recordkeeping This action does not contain an requirements, this action does not (Screening Information Data Set) Initial Assessment Report: Methanol. SIAM 19. unfunded mandate of $100 million or impose any new burden. Based on the Berlin, Germany, 18–20 October, 2004. more as described in UMRA, 2 U.S.C. currently approved Information 11. EPA, OPPT. Cost Savings Estimate of 1531–1538, and does not significantly or Collection Request (ICR), the burden Adding Six Chemicals to the 40 CFR uniquely affect small governments. In estimates for reporting processing and 711.6(b)(2)(iv) List of Chemical granting a partial exemption from use information total 65.63 hours with Substances. December 2015. existing reporting, this action imposes an associated cost of $4,367 per no new enforceable duty on any State, submission. Based on 2012 CDR VIII. Statutory and Executive Order Reviews local or tribal governments, or on the reporting, EPA estimates that 61 private sector. In addition, based on submissions with manufacture volumes Additional information about these EPA’s experience with chemical data of 25,000 pounds or greater will be statutes and Executive Orders can be reporting under TSCA, State, local, and received for these chemical substances found at http://www2.epa.gov/laws- Tribal governments are not engaged in in 2016 and subsequent reporting years. regulations/laws-and-executive-orders. the activities that would require them to Eliminating the requirement to report A. Executive Order 12866: Regulatory report chemical data under 40 CFR part processing and use information for these 711. Accordingly, this action is not submissions results in a total burden Planning and Review and Executive Order 13563: Improving Regulation and subject to the requirements of UMRA, 2 savings of approximately 4,003 hours U.S.C. 1501 et seq. and $266,387 in future reporting cycles Regulatory Review (Ref. 11). This action is not a significant E. Executive Order 13132: Federalism VII. References regulatory action and was therefore not This action does not have federalism submitted to the Office of Management implications as specified in Executive The following is a listing of the and Budget (OMB) for review under Order 13132, August 10, 1999 (64 FR documents that are specifically Executive Orders 12866, October 4, 43255). It will not have substantial referenced in this document. The docket 1993 (58 FR 51735) and 13563, January direct effects on States, on the includes these documents and other 21, 2011 (76 FR 3821). relationship between the national information considered by EPA, B. Paperwork Reduction Act (PRA) government and the States, or on the including documents that are referenced distribution of power and within the documents that are included This action does not impose any new responsibilities among the various in the docket, even if the referenced information collection requirements that levels of government. Thus, Executive document is not physically located in would require additional review or Order 13132 does not apply to this the docket. For assistance in locating approval by OMB under the PRA, 44 action. these other documents, please consult U.S.C. 3501 et seq. the technical person listed under FOR The information collection F. Executive Order 13175: Consultation FURTHER INFORMATION CONTACT. requirements related to CDR have and Coordination With Indian Tribal 1. EPA. TSCA Inventory Update Rule already been approved by OMB Governments Amendments; Final Rule. Federal pursuant to the PRA under OMB control This action does not have Tribal Register (68 FR 848, January 7, 2003) number 2070–0162 (EPA ICR No. implications as specified in Executive (FRL–6767–4). 1884.08). Since this action creates a Order 13175, November 9, 2000 (65 FR 2. Letter from Biobased and Renewable partial exemption from that reporting, 67249). This action will not have any Products Advocacy Group, to EPA, OPPT CDR Submission Coordinator, October without creating any new reporting or effect on Tribal governments, on the 21, 2014. Docket ID number EPA–HQ– recordkeeping requirements, this action relationship between the Federal OPPT–2014–0809, regarding request for does not impose any new burdens that Government and the Indian Tribes, on exemption of biodiesel products. require additional OMB approval. the distribution of power and

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responsibilities between the Federal I. National Technology Transfer a ‘‘major’’ rule as defined by 5 U.S.C. Government and Indian Tribes. Thus Advancement Act (NTTAA) 804(2). Executive Order 13175 does not apply This action does not involve any List of Subjects in 40 CFR Part 711 to this action. technical standards that would require Environmental protection, Chemicals, G. Executive Order 13045: Protection of the consideration of voluntary consensus standards pursuant to Hazardous substances, Reporting and Children From Environmental Health recordkeeping requirements. Risks and Safety Risks NTTAA section 12(d), 15 U.S.C. 272 note. Dated: March 22, 2016. EPA interprets Executive Order Wendy C. Hamnett, 13045, April 23, 1997 (62 FR 19885) as J. Executive Order 12898: Federal Actions To Address Environmental Director, Office of Pollution Prevention and applying only to those regulatory Toxics. actions that concern environmental Justice in Minority Populations and health or safety risks that the EPA has Low-Income Populations Therefore, 40 CFR chapter I is reason to believe may This action does not involve special amended as follows: disproportionately affect children, per considerations of environmental justice PART 711—[AMENDED] the definition of ‘‘covered regulatory related issues as specified in Executive action’’ in section 2–202 of the Order 12898, February 16, 1994 (59 FR ■ 1. The authority citation for part 711 Executive Order. This action is not 7629). This action does not address continues to read as follows: subject to Executive Order 13045 human health or environmental risks or because it does not concern an otherwise have any disproportionate Authority: 15 U.S.C. 2607(a). environmental health risk or safety risk. high and adverse human health or ■ 2. In § 711.6, add in numerical order H. Executive Order 13211: Actions That environmental effects on minority or by CASRN number the following entries Significantly Affect Energy Supply, low-income or indigenous populations. to Table 2 in paragraph (b)(2)(iv). Distribution, or Use IX. Congressional Review Act (CRA) § 711.6 Chemical substances for which This action is not subject to Executive This action is subject to the CRA, 5 information is not required. Order 13211, May 22, 2001 (66 FR U.S.C. 801 et seq., and EPA will submit * * * * * 28355), because it is not a significant a rule report to each House of the (b) * * * regulatory action under Executive Order Congress and to the Comptroller General (2) * * * 12866. of the United States. This action is not (iv) * * *

TABLE 2—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES

CASRN Chemical

******* 61788–61–2 ...... Fatty acids, tallow, methyl esters.

******* 67762–26–9 ...... Fatty acids, C14–18 and C16–18 unsaturated, methyl esters. 67762–38–3 ...... Fatty acids, C16–18 and C–18 unsaturated, methyl esters. 67784–80–9 ...... Soybean oil, methyl esters.

******* 129828–16–6 ...... Fatty acids, canola oil, methyl esters. 515152–40–6 ...... Fatty acids, corn oil, methyl esters.

[FR Doc. 2016–07086 Filed 3–28–16; 8:45 am] SUMMARY: This rule identifies status of a community can be obtained BILLING CODE 6560–50–P communities where the sale of flood from FEMA’s Community Status Book insurance has been authorized under (CSB). The CSB is available at http:// the National Flood Insurance Program www.fema.gov/fema/csb.shtm. (NFIP) that are scheduled for DATES: The effective date of each DEPARTMENT OF HOMELAND suspension on the effective dates listed community’s scheduled suspension is SECURITY within this rule because of the third date (‘‘Susp.’’) listed in the Federal Emergency Management noncompliance with the floodplain third column of the following tables. Agency management requirements of the FOR FURTHER INFORMATION CONTACT: If program. If the Federal Emergency you want to determine whether a 44 CFR Part 64 Management Agency (FEMA) receives particular community was suspended documentation that the community has on the suspension date or for further [Docket ID FEMA–2016–0002; Internal adopted the required floodplain information, contact Patricia Suber, Agency Docket No. FEMA–8427] management measures prior to the Federal Insurance and Mitigation effective suspension date given in this Administration, Federal Emergency Suspension of Community Eligibility rule, the suspension will not occur and Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4149. AGENCY: Federal Emergency a notice of this will be provided by Management Agency, DHS. publication in the Federal Register on a SUPPLEMENTARY INFORMATION: The NFIP subsequent date. Also, information enables property owners to purchase ACTION: Final rule. identifying the current participation Federal flood insurance that is not

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otherwise generally available from flood) may be provided for construction enforcement measures. The private insurers. In return, communities or acquisition of buildings in identified communities listed no longer comply agree to adopt and administer local SFHAs for communities not with the statutory requirements, and floodplain management measures aimed participating in the NFIP and identified after the effective date, flood insurance at protecting lives and new construction for more than a year on FEMA’s initial will no longer be available in the from future flooding. Section 1315 of FIRM for the community as having communities unless remedial action the National Flood Insurance Act of flood-prone areas (section 202(a) of the takes place. 1968, as amended, 42 U.S.C. 4022, Flood Disaster Protection Act of 1973, Regulatory Classification. This final prohibits the sale of NFIP flood 42 U.S.C. 4106(a), as amended). This rule is not a significant regulatory action insurance unless an appropriate public prohibition against certain types of under the criteria of section 3(f) of body adopts adequate floodplain Federal assistance becomes effective for Executive Order 12866 of September 30, management measures with effective the communities listed on the date 1993, Regulatory Planning and Review, enforcement measures. The shown in the last column. The 58 FR 51735. communities listed in this document no Administrator finds that notice and Executive Order 13132, Federalism. longer meet that statutory requirement public comment procedures under 5 This rule involves no policies that have for compliance with program U.S.C. 553(b), are impracticable and federalism implications under Executive regulations, 44 CFR part 59. unnecessary because communities listed Order 13132. Accordingly, the communities will be in this final rule have been adequately Executive Order 12988, Civil Justice suspended on the effective date in the notified. Reform. This rule meets the applicable Each community receives 6-month, third column. As of that date, flood standards of Executive Order 12988. 90-day, and 30-day notification letters insurance will no longer be available in Paperwork Reduction Act. This rule the community. We recognize that some addressed to the Chief Executive Officer stating that the community will be does not involve any collection of of these communities may adopt and information for purposes of the submit the required documentation of suspended unless the required floodplain management measures are Paperwork Reduction Act, 44 U.S.C. legally enforceable floodplain 3501 et seq. management measures after this rule is met prior to the effective suspension published but prior to the actual date. Since these notifications were List of Subjects in 44 CFR Part 64 made, this final rule may take effect suspension date. These communities Flood insurance, Floodplains. will not be suspended and will continue within less than 30 days. National Environmental Policy Act. to be eligible for the sale of NFIP flood Accordingly, 44 CFR part 64 is This rule is categorically excluded from insurance. A notice withdrawing the amended as follows: the requirements of 44 CFR part 10, suspension of such communities will be Environmental Considerations. No PART 64—[AMENDED] published in the Federal Register. environmental impact assessment has In addition, FEMA publishes a Flood been prepared. ■ 1. The authority citation for Part 64 Insurance Rate Map (FIRM) that Regulatory Flexibility Act. The continues to read as follows: identifies the Special Flood Hazard Administrator has determined that this Authority: 42 U.S.C. 4001 et seq.; Areas (SFHAs) in these communities. rule is exempt from the requirements of Reorganization Plan No. 3 of 1978, 3 CFR, The date of the FIRM, if one has been the Regulatory Flexibility Act because 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, published, is indicated in the fourth the National Flood Insurance Act of 3 CFR, 1979 Comp.; p. 376. column of the table. No direct Federal 1968, as amended, Section 1315, 42 § 64.6 [Amended] financial assistance (except assistance U.S.C. 4022, prohibits flood insurance pursuant to the Robert T. Stafford coverage unless an appropriate public ■ 2. The tables published under the Disaster Relief and Emergency body adopts adequate floodplain authority of § 64.6 are amended as Assistance Act not in connection with a management measures with effective follows:

Date certain Federal State and location Community Effective date authorization/cancellation of Current effective assistance no No. sale offlood insurance in community map date longer available in SFHAs

Region IV Alabama: Ariton, Town of, Dale County ...... 010411 N/A, Emerg; January 30, 2008, Reg; May 2, May 2, 2016 ..... May 2, 2016 2016, Susp. Clayhatchee, Town of, Dale County ..... 010415 January 6, 1995, Emerg; August 16, 2007, ...... do ...... Do. Reg; May 2, 2016, Susp. Coffee County, Unincorporated Areas.. 010239 March 27, 1990, Emerg; December 5, ...... do ...... Do. 1990, Reg; May 2, 2016, Susp. Coffee Springs, Town of, Geneva 010408 N/A, Emerg; November 1, 2010, Reg; May ...... do ...... Do. County. 2, 2016, Susp. Dale County, Unincorporated Areas ..... 010060 September 10, 1975, Emerg; July 4, 1989, ...... do ...... Do. Reg; May 2, 2016, Susp. Daleville, City of, Dale County ...... 010061 April 11, 1975, Emerg; September 4, 1985, ...... do ...... Do. Reg; May 2, 2016, Susp. Enterprise, City of, Coffee and Dale 010045 February 21, 1975, Emerg; July 2, 1980, ...... do ...... Do. Counties. Reg; May 2, 2016, Susp. Geneva, City of, Geneva County ...... 010085 March 6, 1975, Emerg; July 2, 1980, Reg; ...... do ...... Do. May 2, 2016, Susp.

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Date certain Federal State and location Community Effective date authorization/cancellation of Current effective assistance no No. sale offlood insurance in community map date longer available in SFHAs

Geneva County, Unincorporated Areas 010258 April 17, 1990, Emerg; May 1, 1995, Reg; ...... do ...... Do. May 2, 2016, Susp. Hartford, City of, Geneva County ...... 010086 April 23, 1975, Emerg; July 22, 1977, Reg; ...... do ...... Do. May 2, 2016, Susp. Houston County, Unincorporated Areas 010098 June 25, 1975, Emerg; September 29, ...... do ...... Do. 1989, Reg; May 2, 2016, Susp. Level Plains, City of, Dale County ...... 010416 N/A, Emerg; July 17, 2003, Reg; May 2, ...... do ...... Do. 2016, Susp. Malvern, Town of, Geneva County ...... 010087 September 16, 1975, Emerg; February 24, ...... do ...... Do. 1978, Reg; May 2, 2016, Susp. Midland City, City of, Dale County ...... 010248 October 29, 1976, Emerg; August 5, 1986, ...... do ...... Do. Reg; May 2, 2016, Susp. New Brockton, Town of, Coffee County 010238 January 12, 1976, Emerg; July 22, 1977, ...... do ...... Do. Reg; May 2, 2016, Susp. Newton, Town of, Dale County ...... 010419 June 20, 1990, Emerg; July 5, 1993, Reg; ...... do ...... Do. May 2, 2016, Susp. Ozark, City of, Dale County ...... 010062 April 17, 1975, Emerg; August 5, 1985, ...... do ...... Do. Reg; May 2, 2016, Susp. Pinckard, Town of, Dale County ...... 010249 December 8, 1976, Emerg; September 4, ...... do ...... Do. 1985, Reg; May 2, 2016, Susp. Samson, City of, Geneva County ...... 010088 May 5, 1975, Emerg; June 17, 1977, Reg; ...... do ...... Do. May 2, 2016, Susp. Slocomb, City of, Geneva County ...... 010089 May 21, 1975, Emerg; December 16, 1977, ...... do ...... Do. Reg; May 2, 2016, Susp. Region VI New Mexico: Magdalena, Village of, Socorro County 350076 November 15, 2007, Emerg; N/A, Reg; May ...... do ...... Do. 2, 2016, Susp. Socorro, City of, Socorro County ...... 350077 February 27, 1975, Emerg; May 17, 1988, ...... do ...... Do. Reg; May 2, 2016, Susp. Socorro County, Unincorporated Areas 350075 N/A, Emerg; August 28, 2008, Reg; May 2, ...... do ...... Do. 2016, Susp. Region VII Iowa: Audubon, City of, Audubon County...... 190011 September 4, 1974, Emerg; August 15, ...... do ...... Do. 1979, Reg; May 2, 2016, Susp. Brayton, City of, Audubon County...... 190920 June 9, 1975, Emerg; August 19, 1985, ...... do ...... Do. Reg; May 2, 2016, Susp. Exira, City of, Audubon County ...... 190013 July 25, 1975, Emerg; September 18, 1985, ...... do ...... Do. Reg; May 2, 2016, Susp. Grant, City of, Montgomery County ...... 190466 May 5, 2008, Emerg; May 1, 2011, Reg; ...... do ...... Do. May 2, 2016, Susp. Gray, City of, Audubon County ...... 190318 January 10, 1997, Emerg; September 4, ...... do ...... Do. 2003, Reg; May 2, 2016, Susp. Kimballton, City of, Audubon County .... 190014 April 8, 1975, Emerg; September 1, 1986, ...... do ...... Do. Reg; May 2, 2016, Susp. Red Oak, City of, Montgomery County 190210 August 22, 1974, Emerg; August 3, 1981, ...... do ...... Do. Reg; May 2, 2016, Susp. Villisica, City of, Montgomery County ... 190468 October 31, 2000, Emerg; May 1, 2011, ...... do ...... Do. Reg; May 2, 2016, Susp. Nebraska: Gage County, Unincorporated 310088 July 27, 1984, Emerg; May 1, 1990, Reg; ...... do ...... Do. Areas. May 2, 2016, Susp. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 16, 2016. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2016–06977 Filed 3–28–16; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF COMMERCE proposed rule. Please refer to our Web particular threats, and the reliability to site (http://www.nmfs.noaa.gov/pr/ forecast the effects of these threats and National Oceanic and Atmospheric species/fish/coelacanth.html) for access future events on the status of the species Administration to the status review report, which under consideration. Because a species details African coelacanth biology, may be susceptible to a variety of threats 50 CFR Part 223 ecology, and habitat, the DPS for which different data are available, or determination, past, present, and future which operate across different time [Docket No. 141219999–6207–02] potential risk factors, and overall scales, the foreseeable future is not RIN 0648–XD681 extinction risk. On March 3, 2015, we necessarily reducible to a particular published a proposed rule to list the number of years. Further, the existence Endangered and Threatened Wildlife Tanzanian DPS of African coelacanth (L. of a threat to a species and the species’ and Plants; Final Rule To List the chalumnae) as a threatened species (80 response to that threat are not, in Tanzanian DPS of African Coelacanth FR 11363) and solicited comments from general, equally predictable or (Latimeria chalumnae) as Threatened all interested parties including the foreseeable. Hence, in some cases, the Under the Endangered Species Act public, other governmental agencies, the ability to foresee a threat to a species is scientific community, industry, and greater than the ability to foresee the AGENCY: National Marine Fisheries environmental groups. species’ exact response, or the Service (NMFS), National Oceanic and timeframe of such a response, to that ESA Statutory Provisions, Regulations, Atmospheric Administration (NOAA), threat. In making a listing and Policy Considerations Commerce. determination, we must ask whether the ACTION: Final rule. As the designee of the Secretary of species’ population response to a threat Commerce, we are responsible for (i.e., abundance, productivity, spatial SUMMARY: We, NMFS, issue a final rule determining whether marine and distribution, diversity) is foreseeable, to list the Tanzanian Distinct Population anadromous species are threatened or not merely whether the emergence or Segment (DPS) of African coelacanth endangered under the ESA (16 U.S.C. continuation of a threat is foreseeable. (Latimeria chalumnae) as a threatened 1531 et seq.). To make this Because we are obligated to base our species under the Endangered Species determination, we consider first determinations on the best available Act (ESA). We will not designate critical whether a group of organisms scientific and commercial information, habitat for this species because the constitutes a ‘‘species’’ under the ESA, the foreseeable future extends only as geographical areas occupied by the then whether the status of the species far as we are able to reliably predict the species are entirely outside U.S. qualifies it for listing as either species’ population response to a jurisdiction, and we have not identified threatened or endangered. Section 3 of particular threat. any unoccupied areas within U.S. the ESA defines a ‘‘species’’ to include Section 4(a)(1) of the ESA requires us jurisdiction that are essential to the ‘‘any subspecies of fish or wildlife or to determine whether any species is conservation of the species. plants, and any distinct population endangered or threatened due to any DATES: This final rule is effective April segment of any species of vertebrate fish one or a combination of the following 28, 2016. or wildlife which interbreeds when threat factors: the present or threatened ADDRESSES: Chief, Endangered Species mature.’’ 16 U.S.C. 1532(16). destruction, modification, or Division, NMFS Office of Protected Section 3 of the ESA also defines an curtailment of its habitat or range; Resources (F/PR3), 1315 East-West endangered species as ‘‘any species overutilization for commercial, Highway, Silver Spring, MD 20910, which is in danger of extinction recreational, scientific, or educational USA. throughout all or a significant portion of purposes; disease or predation; the its range’’ and a threatened species as inadequacy of existing regulatory FOR FURTHER INFORMATION CONTACT: one ‘‘which is likely to become an mechanisms; or other natural or Chelsey Young, NMFS, Office of endangered species within the manmade factors affecting its continued Protected Resources, (301) 427–8491. foreseeable future throughout all or a existence. 16 U.S.C. 1533(a)(1). We are SUPPLEMENTARY INFORMATION: significant portion of its range.’’ 16 also required to make listing U.S.C. 1632(6); (20). We interpret an Background determinations based solely on the best ‘‘endangered species’’ to be one that is scientific and commercial data On July 15, 2013, we received a presently in danger of extinction. A available, after conducting a review of petition from WildEarth Guardians to ‘‘threatened species,’’ on the other hand, the species’ status and after taking into list 81 marine species as threatened or is not presently in danger of extinction, account efforts being made by any state endangered under the Endangered but is likely to become so in the or foreign nation (or subdivision Species Act (ESA). We found that the ‘‘foreseeable future’’ (that is, at a later thereof) to protect the species. 16 U.S.C. petitioned actions may be warranted for time). In other words, the primary 1533(b)(1)(A). 27 of the 81 species, including the statutory difference between a Pursuant to the ESA, any interested African coelacanth, and announced the threatened and endangered species is person may petition to list or delist a initiation of status reviews for each of the timing of when a species may be in species, subspecies, or DPS of a the 27 species (78 FR 63941, October 25, danger of extinction, either presently vertebrate species that interbreeds when 2013; 78 FR 66675, November 6, 2013; (endangered) or in the foreseeable future mature (5 U.S.C. 553(e), 16 U.S.C. 78 FR 69376, November 19, 2013; 79 FR (threatened). The duration of the 1533(b)(3)(A)). ESA-implementing 9880, February 21, 2014; and 79 FR ‘‘foreseeable future’’ in any regulations issued by NMFS and the 10104, February 24, 2014). Following circumstance is inherently fact-specific U.S. Fish and Wildlife Service (FWS) the positive 90-day finding, we and depends on the particular kinds of also establish procedures for receiving conducted a comprehensive status threats, the life-history characteristics, and considering petitions to revise the review of the African coelacanth. A and the specific habitat requirements for lists of endangered and threatened ‘‘status review report’’ (Whittaker, 2014) the species under consideration. The species and for conducting periodic was produced and used as the basis of foreseeable future also considers the reviews of listed species (50 CFR 12-month finding determination and availability of data, the ability to predict 424.01).

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When we receive a petition to list a ecological, or behavioral factors. connectivity, and diversity. These species, we are required to the Quantitative measures of genetic or viability factors reflect concepts that are maximum extent practicable to make a morphological discontinuity may well-founded in conservation biology finding within 90 days as to whether the provide evidence of this separation. and that individually and collectively petition presents substantial scientific (2) It is delimited by international provide strong indicators of extinction or commercial information indicating governmental boundaries within which risk. Against this backdrop we evaluate that the petitioned action may be differences in control of exploitation, the influence of the Section 4(a)(1) warranted. The ESA-implementing management of habitat, conservation threat factors. regulations provide that ‘‘substantial status, or regulatory mechanisms exist As the definition of ‘‘endangered information’’ is that amount of that are significant in light of section species’’ and ‘‘threatened species’’ information that would lead a 4(a)(1)(D) of the ESA. makes clear, the determination of reasonable person to believe that listing If a population segment is considered extinction risk can be based on either may be warranted (50 CFR 424.14(b)(1)). discrete under one or more of the above assessment of the range wide status of In determining whether substantial conditions, its biological and ecological the species, or the status of the species information exists, we take into account significance is then considered in light in a ‘‘significant portion of its range.’’ several factors, in light of any of Congressional guidance (see S. Rep. NMFS and FWS recently published a information noted in the petition or No. 96–151(1979)) that the authority to final policy to clarify the interpretation otherwise readily available in our files. list DPSs be used ‘‘sparingly’’ while of the phrase ‘‘significant portion of the If a positive finding is made at that encouraging the conservation of genetic range’’ in the ESA definitions of initial stage, then we commence a status diversity. This consideration may ‘‘threatened species’’ and ‘‘endangered review in order to assemble and assess include, but is not limited to, the species’’ (79 FR 37577; July 1, 2014) the best available scientific and following: (SPR Policy). The SPR Policy reads: commercial information. 16 U.S.C. (1) Persistence of the discrete population segment in an ecological Consequences of a species being 1533(b)(3)(A). After conducting the endangered or threatened throughout a status review and within 12 months of setting unusual or unique for the taxon; significant portion of its range: The phrase receiving the petition, we must prepare (2) Evidence that loss of the discrete ‘‘significant portion of its range’’ in the Act’s a finding that the action is not population segment would result in a definitions of ‘‘endangered species’’ and warranted, warranted, or warranted but significant gap in the range of a taxon; ‘‘threatened species’’ provides an precluded by higher listing priorities. 16 (3) Evidence that the discrete independent basis for listing. Thus, there are U.S.C. 1533(b)(3)(B). If we find that the population segment represents the only two situations (or factual bases) under which surviving natural occurrence of a taxon a species would qualify for listing: a species petitioned action is warranted, we may be endangered or threatened throughout promptly publish a proposed rule to list that may be more abundant elsewhere as an introduced population outside its all of its range or a species may be the species, take steps to notify affected endangered or threatened throughout only a states and foreign governments, and historic range; or significant portion of its range. solicit public input. 16 U.S.C. (4) Evidence that the discrete If a species is found to be endangered or 1533(b)(3)(B)(ii); 16 U.S.C. 1533(b)(5). population segment differs markedly threatened throughout only a significant After reviewing additional information from other populations of the species in portion of its range, the entire species is received during the comment period, we its genetic characteristics. listed as endangered or threatened, must either publish a final regulation to After determining whether a group of respectively, and the Act’s protections apply to all individuals of the species wherever implement the determination or take organisms constitutes a listable ‘‘species,’’ then using the best available found. certain other actions. 16 U.S.C. Significant: A portion of the range of a 1533(b)(6). information gathered during the status review for the species, we complete a species is ‘‘significant’’ if the species is not In making a final listing currently endangered or threatened determination, we first determine status and extinction risk assessment to throughout its range, but the portion’s whether a petitioned species meets the determine whether the species qualifies contribution to the viability of the species is ESA definition of a ‘‘species.’’ This term as an endangered species or threatened so important that, without the members in includes taxonomic species, subspecies, species. In assessing extinction risk, we that portion, the species would be in danger and ‘‘distinct population segment of any consider the demographic viability of extinction, or likely to become so in the factors developed by McElhany et al. foreseeable future, throughout all of its range. species of vertebrate fish or wildlife Range: The range of a species is considered which interbreeds when mature.’’ 16 (2000) and the risk matrix approach developed by Wainwright and Kope to be the general geographical area within U.S.C. 1532(16). On February 7, 1996, which that species can be found at the time the Services adopted a policy describing (1999) to organize and summarize FWS or NMFS makes any particular status what constitutes a DPS of a taxonomic extinction risk considerations. The determination. This range includes those species (61 FR 4722). The joint DPS approach of considering demographic areas used throughout all or part of the Policy identified two elements that must risk factors to help frame the species’ life cycle, even if they are not used be considered when identifying a DPS: consideration of extinction risk has been regularly (e.g., seasonal habitats). Lost (1) The discreteness of the population used in many of our status reviews, historical range is relevant to the analysis of the status of the species, but it cannot segment in relation to the remainder of including for Pacific salmonids, Pacific hake, walleye pollock, Pacific cod, constitute a significant portion of a species’ the species (or subspecies) to which it range. belongs; and (2) the significance of the Puget Sound rockfishes, Pacific herring, Reconciling SPR with DPS authority: If the population segment to the remainder of scalloped hammerhead sharks, and species is endangered or threatened the species (or subspecies) to which it black abalone (see http:// throughout a significant portion of its range, belongs. A population segment of a www.nmfs.noaa.gov/pr/species/ for and the population in that significant portion vertebrate species may be considered links to these reviews). In this approach, is a valid DPS, we will list the DPS rather discrete if it satisfies either one of the the collective condition of individual than the entire taxonomic species or following conditions: populations is considered at the species subspecies. (1) It is markedly separated from other level according to four demographic The Final Policy explains that it is populations of the same taxon as a viability factors: abundance, growth necessary to fully evaluate a portion for consequence of physical, physiological, rate/productivity, spatial structure/ potential listing under the ‘‘significant

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portion of its range’’ authority only if commenter noted that ESA listing status best available scientific and commercial the species is not found to warrant would help raise awareness of the information on the species’ biology, listing rangewide and if substantial species’ plight and authorize the United ecology, life history, threats, and information indicates that the members States to fund and assist in conservation conservation status from information of the species in a particular area are programs. contained in the petition, our files, a likely both to meet the test for biological Response: We appreciate these comprehensive literature search, and significance and to be currently comments as they support the proposed consultation with experts. We also endangered or threatened in that area. listing rule for the Tanzanian DPS of considered information submitted by Making this preliminary determination African coelacanth as a threatened the public and peer reviewers. This triggers a need for further review, but species under the ESA. We also agree information is available in the status does not prejudge whether the portion that the species’ listing status as review report (Whittaker, 2014), which actually meets these standards such that threatened could help raise is available on our Web site (http:// the species should be listed: conservation awareness for the species. www.nmfs.noaa.gov/pr/species/fish/ However, we emphasize that our listing coelacanth.html). The status review To identify only those portions that warrant further consideration, we will determination is based solely on report provides a thorough discussion of determine whether there is substantial consideration of the best scientific and life history, demographic risks, and information indicating that (1) the portions commercial information available threats to the particular species. We may be significant and (2) the species may be regarding the threats facing this species considered all identified threats, both in danger of extinction in those portions or as required under Section 4(b)(1)(A) and individually and cumulatively, to likely to become so within the foreseeable discussed in the proposed rule. determine whether the species responds future. We emphasize that answering these Comment 2: One commenter noted in a way that causes actual impacts at questions in the affirmative is not a that they would prefer all populations of the species level. The collective determination that the species is endangered coelacanth be listed under the ESA, but condition of individual populations was or threatened throughout a significant did not provide any additional also considered at the species level, portion of its range—rather, it is a step in information to support listing any other determining whether a more detailed according to the four demographic analysis of the issue is required. 79 FR 37586. populations. In contrast, the commenter viability factors discussed above. pointed out that great progress has been The proposed rule (80 FR 11363, After reviewing the best available made regarding educational outreach of March 3, 2015) summarizes general information as to the species status and Comoran fishermen on how to avoid background information on the species’ threats throughout its range (and, if incidental catch of coelacanths, and also natural history, range, reproduction, necessary, in a significant portion of its noted that coelacanth habitat in the population structure, distribution and range), we then assess efforts being Comoros Islands is currently stable. abundance. None of this information made to protect the species, to Response: As detailed in the proposed has changed since the proposed rule, determine if these conservation efforts listing rule and explained further below and we received no new information are adequate to mitigate the existing in our Final Determination section, we through the public comment period that threats as required under Section conducted a status review of the African would cause us to reconsider our 4(b)(1)(A), and whether they are likely coelacanth and first considered whether previous finding as reflected in the 12- improving the status of the species to the species was at risk of extinction month finding and proposed rule. Thus, the point at which listing is not throughout its range and found that all of the information contained in the warranted, or contribute to forming the threats to the species across its range are status review report and proposed rule basis for listing a species as threatened generally low, with isolated threats of is reaffirmed in this final action. rather than endangered. Finally, we re- overutilization and habitat loss assess the extinction risk of the species concentrated in the Tanzanian portion Overview of Determination Regarding in light of the existing conservation of the range. Thus, we determined on the African Coelacanth at the Species efforts, as necessary and come to a final the basis of the best available scientific Level conclusion as to whether the species and commercial information that there Based on the best available scientific qualifies as an endangered or threatened was no basis to list the species overall and commercial information described species. based on an assessment of its status in the status review report and proposed throughout its range. However, applying rule, in developing our 12-month Summary of Comments Received our SPR Policy and DPS Policy, we finding we determined that the African Below we address comments received concluded that the Tanzanian DPS was coelacanth is taxonomically distinct pertaining to the proposed listing of the a listable entity and that it met the test from the Indonesian coelacanth, Tanzanian DPS of African coelacanth in for a threatened species. Because the Latimeria menadoensis, and is a valid the March 3, 2015, proposed rule (80 FR population is a valid DPS, our SPR species under the ESA; it meets the 11363). During the 60-day public Policy directs that the members of that definition of ‘‘species’’ pursuant to comment period from March 3, 2015, to population be listed rather than the section 3 of the ESA and is eligible for May 4, 2015, we received a total of 8 species at large. We thus proposed to listing under the ESA. Next we written comments from individuals. list only the Tanzanian DPS as a considered whether any one or a Each of the commenters generally threatened species. Because the combination of the five threat factors supported the proposed listing. commenter provided no information to specified in section 4(a)(1) of the ESA Comment 1: We received eight indicate that we should reconsider these contribute to the extinction risk of the comments in general support of the findings, we cannot adopt their African coelacanth species and went on proposed listing. Commenters agreed suggestion to list the entire species. to evaluate the species’ level of with the proposal to list the species as extinction risk. Finally we considered threatened. They cited its rarity and Status Review conservation efforts for the species current threats from fishing and habitat The status review for the African overall as required under Section impacts as reasons why the Tanzanian coelacanth addressed in this finding 4(b)(1)(A). DPS of African coelacanth warrants was conducted in 2014 (Whittaker, We received no information or protection under the ESA. One 2014). The status review represents the analysis from public comment on the

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proposed rule that would cause us to or within the foreseeable future. We population, as well as the population’s reconsider any of our analysis or considered first whether any response to those threats. We are conclusions regarding any of the section populations faced an unusual confident in our ability to make 4(a)(1) factors or their interactions for concentration of threats that might projections over the next several the species overall. Likewise, we did not suggest they were at risk of extinction. decades in assessing the threats of receive any new information or analysis After a review of the best available overutilization and habitat destruction, that would cause us to reconsider our information, we identified the and their interaction with the life analysis of extinction risk. Finally, we Tanzanian population of the African history of the coelacanth, with its did not receive any new information coelacanth as a population facing lifespan of 40 or more years. Based on regarding conservation efforts, which concentrated threats because of this information, we find that the we evaluated as required under Section increased catch rates in this region since Tanzanian population is at a moderate 4(b)(1)(A). For this final rule, we clarify 2003, and the threat of a deep-water port risk of extinction within the foreseeable that we do not apply the particularized directly impacting coelacanth habitat in future. Therefore, we consider the rubric of the Policy on the Evaluation of this region. Due to these concentrated Tanzanian population to be threatened. Conservation Efforts (PECE Policy, 68 threats, we found that the species may Because the Tanzanian population FR 15100, March 28, 2003) to be at risk of extinction in this area, so represents a significant portion of the consideration of foreign conservation next we determined whether this range of the species, and this population efforts, because that policy applies only portion of the range of the species could is threatened, we conclude that the to conservation efforts ‘‘identified in be considered significant under the SPR African coelacanth is threatened in a conservation agreements, conservation Policy (79 FR 37577; July 1, 2014). significant portion of its range. We next plans, management plans, or similar The Tanzanian population is one of applied the provision from the SPR documents developed by Federal only three confirmed populations of the Policy providing that if a species is agencies, State and local governments, African coelacanth, all considered to be determined to be threatened or Tribal governments, businesses, small and isolated. Because all three endangered across a significant portion organizations, and individuals.’’ populations are isolated, the loss of one of its range, and the population in that Nevertheless, in this case we have would not directly impact the other significant portion is a valid DPS, we substantively evaluated the likelihood remaining populations. However, loss of will list the DPS rather than the entire of implementation and efficacy of any one of the three known African taxonomic species or subspecies. In relevant efforts, including specifically coelacanth populations would evaluating whether this population the recently established Tanga significantly increase the extinction risk qualified as a DPS under the DPS Policy Coelacanth Marine Park and its of the species as a whole, as only two (61 FR 4722; February 7, 1996), we associated protections, as described in small populations would remain, determined that the Tanzanian the proposed rule. We therefore reaffirm making them more vulnerable to population is discrete based on the substance of our discussion of the catastrophic events such as storms, evidence for its genetic and geographic 4(a)(1) factors, extinction risk, and disease, or temperature anomalies. isolation from the rest of the taxon. The conservation efforts from the 12-month Therefore, we determined that this population also meets the significance finding and proposed rule (80 FR 11363, portion of the range of the species (the criterion set forth by the DPS policy, as March 03, 2015) in this final action. In Tanzanian population) represents a its loss would constitute a significant summary, after considering the status, significant portion of the range of the gap in the taxon’s range. Because it is threats and extinction risk for the African coelacanth. both discrete and significant to the African coelacanth (L. chalumnae), we Having found that the members of the taxon as a whole, we identified the determined the species does not meet Tanzanian population constituted a Tanzanian population as a valid DPS. the definition of a threatened or significant portion of the species’ range, Finally, because the population in the endangered species when evaluated we next evaluated the extinction risk of significant portion of the range is a valid throughout all of its range. Thus, we did this significant portion of the range to DPS, we proposed to list the DPS rather not propose to list the species overall. determine whether it was threatened or than the entire taxonomic species or We received no information or analysis endangered. After reviewing the best subspecies. We received no information through the comment process that available scientific and commercial or analysis through the public comment would cause us to reevaluate our information, we determined that the process that would cause us to determination that the African Tanzanian population faces reconsider our determination. coelacanth does not warrant listing demographic risks, such as population Therefore, with this final rule we are rangewide. isolation and low productivity, which listing the Tanzanian DPS of the African make it likely to be influenced by coelacanth as a threatened species Final Determination stochastic or depensatory processes under the ESA. We have reviewed the best available throughout its range. Additionally, scientific and commercial information, ongoing or future threats include Effects of Listing including the petition, the information overutilization via bycatch in the Conservation measures provided for in the status review reports, public Tanzanian gillnet shark fishery, as well species listed as endangered or comments, and the comments of peer as habitat destruction as a result of threatened under the ESA include reviewers. Based on the information coastal development. The species’ recovery actions (16 U.S.C. 1533(f)); presented, and as described in the natural biological vulnerability to concurrent designation of critical proposed listing rule, because we found overexploitation exacerbates the habitat for species that occur within the the African coelacanth species overall to severity of these threats and places the United States, if prudent and not warrant listing on the basis of the population at an increased risk of determinable (16 U.S.C. 1533(a)(3)(A)); range wide analysis, we applied the SPR extinction within the foreseeable future. Federal agency requirements to consult Policy and considered whether any In our consideration of the foreseeable with NMFS under section 7 of the ESA portions of the range of the species future, we evaluated how far into the to ensure their actions do not jeopardize would be likely to be both significant to future we could reliably predict the the species or result in adverse the species and at risk of extinction now operation of the major threats to this modification or destruction of critical

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habitat should it be designated (16 to be essential for the conservation of listing under the Convention on U.S.C. 1536); and, for endangered the species. The best available scientific International Trade in Endangered species, certain prohibitions including and commercial information on the Species of Wild Flora and Fauna. against ‘‘take’’ of the species by persons species does not indicate that U.S. Finally, we have no evidence to suggest subject to United States jurisdiction (16 waters provide any specific essential that the species is at risk due to illegal U.S.C. 1538(a)(1)). Recognition of the biological function for the species trade. Any trade of the species is limited species’ plight through listing also proposed for listing. Based on the best to the transfer of specimens for promotes conservation actions by available information, we have not scientific purposes. Thus, we have Federal and state agencies, foreign identified unoccupied area(s) in U.S. determined that protective regulations entities, private groups, and individuals. water that are essential to the pursuant to section 4(d) are not conservation of the Tanzanian DPS of Identifying Section 7 Consultation necessary for the conservation of the Latimeria chalumnae. Therefore, based Requirements species at this time. on the available information, we will Section 7(a)(2) (16 U.S.C. 1536(a)(2)) not designate critical habitat for this References of the ESA and NMFS/USFWS DPS. regulations require Federal agencies to Whittaker, Kerry. 2014. Endangered Species Identification of Those Activities That consult with us to ensure that activities Act draft status review report for the they authorize, fund, or carry out are not Would Constitute a Violation of Section coelacanth (Latimeria chalumnae). likely to jeopardize the continued 9 of the ESA Report to National Marine Fisheries existence of listed species or destroy or On July 1, 1994, NMFS and FWS Service, Office of Protected Resources. adversely modify critical habitat. It is published a policy (59 FR 34272) that October 2014. 47 pp. unlikely that the listing of these species requires NMFS to identify, to the under the ESA will increase the number maximum extent practicable at the time Classification of section 7 consultations, because these a species is listed, those activities that species occur outside of the United would or would not constitute a National Environmental Policy Act States and are unlikely to be affected by violation of section 9 of the ESA. The 1982 amendments to the ESA, in Federal actions. Because we are finalizing a rule to list section 4(b)(1)(A), restrict the the Tanzanian DPS of the African Critical Habitat information that may be considered and coelacanth as threatened, no the basis that must be found when Critical habitat is defined in section 3 prohibitions of Section 9(a)(1) of the of the ESA (16 U.S.C. 1532(5)) as: (1) ESA will apply to this species. assessing species for listing. Based on The specific areas within the this limitation of criteria for a listing geographical area occupied by a species, Protective Regulations Under Section decision and the opinion in Pacific at the time it is listed in accordance 4(d) of the ESA Legal Foundation v. Andrus, 657 F.2d with the ESA, on which are found those We are listing the Tanzanian DPS of 829 (6th Cir.1981), NMFS has physical or biological features (a) African coelacanth as a threatened concluded that ESA listing actions are essential to the conservation of the species. In the case of threatened not subject to the environmental species and (b) that may require special species, ESA section 4(d) states the assessment requirements of the National management considerations or Secretary shall issue such regulations as Environmental Policy Act (NEPA) (See protection; and (2) specific areas outside he deems necessary and advisable for NOAA Administrative Order 216–6). the geographical area occupied by a the conservation of the species and species at the time it is listed upon a authorizes the Secretary to extend the Executive Order 12866, Regulatory determination that such areas are section 9(a) prohibitions to the species. Flexibility Act, and Paperwork essential for the conservation of the We have flexibility under section 4(d) to Reduction Act tailor protective regulations, taking into species. ‘‘Conservation’’ means the use Under the 1982 amendments to the account the effectiveness of available of all methods and procedures needed ESA, economic impacts cannot be to bring the species to the point at conservation measures. The 4(d) protective regulations may prohibit, considered when assessing the status of which listing under the ESA is no a species. 16 U.S.C. 1533(b)(1)(a) (‘‘The longer necessary. Section 4(a)(3)(A) of with respect to threatened species, some Secretary shall make determinations the ESA (16 U.S.C. 1533(a)(3)(A)) or all of the acts which section 9(a) of required by subsection (a)(1) solely on requires that, to the extent prudent and the ESA prohibits with respect to the basis of the best scientific and determinable, critical habitat be endangered species. These section 9(a) commercial data available to him after designated concurrently with the listing prohibitions apply to all individuals, conducting a review of the status of the of a species. However, our regulations organizations, and agencies subject to provide that critical habitat shall not be U.S. jurisdiction. We did not receive species and after taking into account designated in foreign countries or other any information from governmental those efforts, if any, being made by any areas outside U.S. jurisdiction (50 CFR agencies, the scientific community, State or foreign nation, or any political 424.12 (h)). industry, or any other interested parties subdivision of a State or foreign nation, The best available scientific and on information in the status review and to protect such species. . . .’’). commercial data as discussed above proposed rule pertaining to potential Therefore, the economic analysis identify the geographical areas occupied ESA section 4(d) protective regulations requirements of the Regulatory by Latimeria chalumnae as being for the proposed threatened DPS, Flexibility Act are not applicable to the entirely outside U.S. jurisdiction, so we including the application, if any, of the listing process. In addition, this final cannot designate critical habitat for this ESA section 9 prohibitions on import, rule is exempt from review under species. take, possession, receipt, and sale of the Executive Order 12866. This final rule We can designate critical habitat in African coelacanth. Additionally, does not contain a collection-of- areas in the United States currently commercial trade, including import and information requirement for the unoccupied by the species only if the export, of the African coelacanth is purposes of the Paperwork Reduction area(s) are determined by the Secretary prohibited as a result of an Appendix I Act.

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Executive Order 13132, Federalism Dated: March 23, 2016. Authority: 16 U.S.C. 1531–1543; subpart Eileen Sobeck, B, § 223.201–202 also issued under 16 U.S.C. In accordance with E.O. 13132, we Assistant Administrator for Fisheries, 1361 et seq.; 16 U.S.C. 5503(d) for determined that this final rule does not National Marine Fisheries Service. § 223.206(d)(9). have significant Federalism effects and ■ 2. In § 223.102, amend the table in that a Federalism assessment is not For the reasons set out in the paragraph (e) by adding the entry required. preamble, 50 CFR part 223 is amended ‘‘Coelacanth, African’’ in alphabetical List of Subjects in 50 CFR Part 223 as follows: order under the subheading ‘‘Fishes’’ to read as follows: Administrative practice and PART 223—THREATENED MARINE procedure, Endangered and threatened AND ANADROMOUS SPECIES § 223.102 Enumeration of threatened species, Exports, Imports, Reporting and marine and anadromous species. recordkeeping requirements, ■ 1. The authority citation for part 223 * * * * * Transportation. continues to read as follows: (e) * * *

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

******* FISHES

******* Coelacanth, African (Tan- Latimeria chalumnae ...... African coelacanth popu- 81 FR [Insert FR page NA NA zanian DPS). lation inhabiting deep number where the doc- waters off the coast of ument begins], March Tanzania. 29, 2016.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

* * * * * coverage requirements for certain small Regulatory Impact Review/Initial [FR Doc. 2016–07001 Filed 3–28–16; 8:45 am] catcher/processors in the Gulf of Alaska Regulatory Flexibility Analysis BILLING CODE 3510–22–P (GOA) and Bering Sea and Aleutian (Analysis), and the Categorical Islands Management Area (BSAI). This Exclusion prepared for this action are final rule modifies the criteria for NMFS available from http:// DEPARTMENT OF COMMERCE to place small catcher/processors in the www.regulations.gov or from the NMFS partial observer coverage category under Alaska Region Web site at http:// National Oceanic and Atmospheric the North Pacific Groundfish and alaskafisheries.noaa.gov. Administration Halibut Observer Program (Observer Written comments regarding the Program). Under this final rule, the burden-hour estimates or other aspects 50 CFR Part 679 owner of a non-trawl catcher/processor of the collection of information [Docket No. 150904827–6233–02] can choose to be in the partial observer requirements contained in this final rule coverage category, on an annual basis, if may be submitted by mail to NMFS RIN 0648–BF36 the vessel processed less than 79,000 lb Alaska Region, P.O. Box 21668, Juneau, (35.8 mt) of groundfish on an average AK 99802–1668, Attn: Ellen Sebastian, Fisheries of the Exclusive Economic weekly basis in a particular prior year, Records Officer; in person at NMFS Zone Off of Alaska; Observer Coverage as specified in this final rule. This final Alaska Region, 709 West 9th Street, Requirements for Small Catcher/ rule provides a relatively limited Room 420A, Juneau, AK; by email to Processors in the Gulf of Alaska and exception to the general requirement [email protected]; or by Bering Sea and Aleutian Islands that all catcher/processors are in the full fax to (202) 395–5806. Groundfish Fisheries observer coverage category, and FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries maintains the full observer coverage Anne Marie Eich, 907–586–7228. Service (NMFS), National Oceanic and requirement for all trawl catcher/ SUPPLEMENTARY INFORMATION: Atmospheric Administration (NOAA), processors and catcher/processors Background Commerce. participating in a catch share program that requires full observer coverage. ACTION: Final rule. This final rule implements This final rule promotes the goals of the Amendment 112 to the BSAI FMP and SUMMARY: NMFS issues this final rule to BSAI and GOA FMPs, and the goals and Amendment 102 to the GOA FMP implement Amendment 112 to the objectives of the Magnuson-Stevens (collectively referred to as Amendment Fishery Management Plan for Fishery Conservation and Management 112/102). NMFS published a notice of Groundfish of the Bering Sea and Act (Magnuson-Stevens Act) and other availability (NOA) for Amendment 112/ Aleutian Islands Management Area applicable laws. 102 on December 17, 2015 (80 FR (BSAI FMP) and Amendment 102 to the DATES: Effective March 29, 2016. 78705). The comment period on the Fishery Management Plan for ADDRESSES: Electronic copies of NOA for Amendment 112/102 ended on Groundfish of the Gulf of Alaska (GOA Amendment 112 to the BSAI FMP and February 16, 2016. The Secretary of FMP) and revise regulations for observer Amendment 102 to the GOA FMP, the Commerce approved Amendment

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112/102 on March 11, 2016, after Under the restructured Observer round weight of groundfish on any day accounting for information from the Program, almost all catcher/processors in the immediately preceding year. public, and determining that were assigned to the full observer Under the first two exceptions, a Amendment 112/102 is consistent with coverage category to obtain independent vessel that started processing after 2009 the FMPs, the Magnuson-Stevens Act, estimates of catch, at-sea discards, and could never qualify to be placed in the and other applicable law. NMFS prohibited species catch to reduce the partial observer coverage category. Also, published a proposed rule to implement potential for introducing error into the first two exceptions permanently Amendment 112/102 and the regulatory NMFS’ catch accounting system (as placed a vessel in the partial observer amendments on December 29, 2015 (80 described in the proposed rule: 77 FR coverage category. These exceptions FR 81262; corrected January 22, 2016 23326, April 18, 2012). In the full have no provision to review the (81 FR 3775)). The comment period on observer coverage category, an observer production of a catcher/processor the proposed rule ended on January 28, must be on board a vessel any time the placed in the partial observer coverage 2016. NMFS received three comments vessel is harvesting, receiving, or category on an ongoing basis and on proposed Amendment 112/102 or the processing groundfish in a federally remove them from the partial observer proposed rule. managed or parallel groundfish fishery, coverage category if their production This final rule modifies the criteria as specified at § 679.51(a)(2)(i). In the increases. The third exception is used by NMFS to place small catcher/ full observer coverage category, vessel theoretically open to any catcher/ processors in the partial observer operators obtain observers by processor that began production after coverage category in the Observer contracting directly with observer 2009. Program. Under this final rule, the providers. Operators of vessels in the Summary of Amendment 112/102 owners of non-trawl catcher/processors full observer coverage category pay the can choose to be in the partial observer observer provider for each day the The following discussion summarizes coverage category for the upcoming observer is on board the vessel, the provisions of Amendment 112/102; fishing year if their vessels processed including days that the vessel is additional details are provided in the less than 79,000 lb (35.8 mt) of travelling to or from the fishing grounds NOA for Amendment 112/102 (80 FR groundfish on an average weekly basis but not fishing. 78705; December 17, 2015), the proposed rule for Amendment 112/102 in a particular prior year, as specified in NMFS deploys observers on vessels in (80 FR 81262, December 29, 2015; this final rule. This final rule does not the partial observer coverage category corrected January 22, 2016 (81 FR alter observer coverage requirements for according to a statistical sample design a catcher/processor using trawl gear or 3775)), and Section 2 of the Analysis based on an annual deployment plan for a catcher/processor when (see ADDRESSES). developed in consultation with the participating in a catch share program; North Pacific Fishery Management 1. The Production Threshold for these catcher/processors will continue Council (Council). Vessels in the partial Placement in the Partial Observer to be required to be in the full observer observer coverage category are required Coverage Category coverage category. The terms to carry observers on fishing trips ‘‘production’’ and ‘‘processing’’ are used This final rule establishes a selected at random per the statistical synonymously in this final rule. production threshold for placement in Below is a brief description of the sample design. Instead of paying for the partial observer coverage category of Observer Program and the elements of each day an observer is on board, NMFS average weekly groundfish production the Observer Program that apply to assesses a fee equal to 1.25 percent of of 79,000 lb (35.8 mt) or less in a Amendment 112/102 and this final rule. the ex-vessel value of the retained standard basis year or an alternate basis The preamble of the proposed rule (80 groundfish and halibut landed by year (as defined below). The weekly FR 81262, December 29, 2015; corrected vessels in the partial observer coverage production measure includes catcher/ January 22, 2016 (81 FR 3775)) provides category. NMFS uses these fees to processors that engage in intense bursts a more detailed description of the establish a Federal contract with an of processing activity during a year but Observer Program and this action. observer service provider to deploy may not process throughout the whole observers in the partial observer year. The Observer Program coverage category. The Council and NMFS considered a Regulations implementing the The restructured Observer Program range of average weekly production Observer Program allow NMFS-certified provided three limited exceptions for measures as a threshold for partial observers (observers) to obtain catcher/processors to be placed in the coverage. The production standard of information necessary for the partial observer coverage category, in 79,000 lb (35.8 mt) was selected to conservation and management of the recognition that the cost of full observer ensure that catcher/processors that are BSAI and GOA groundfish and halibut coverage would be disproportionate to currently eligible for placement in the fisheries. The Observer Program was total revenues for some small catcher/ partial observer coverage category will implemented in 1990 (55 FR 4839, processors. The first exception applied continue to be eligible if these vessels February 12, 1990). In 2012, NMFS to a hybrid vessel less than 60 feet maintain their current levels of restructured the funding and length overall (LOA) that acted as both production. The catcher/processors deployment systems of the Observer a catcher vessel and a catcher/processor eligible for partial observer coverage Program (77 FR 70062, November 21, in the same year in any year from 2003 under this final rule are engaged 2012). Since implementation of the through 2009. The second exception primarily in the hook-and-line and restructured Observer Program in 2013, applied to a catcher/processor that had Pacific cod and sablefish fisheries (see vessels, shoreside processors, and an average daily production of less than Section 2.2.1 of the Analysis). This stationary floating processors 5,000 lb (2.3 mt) round weight production threshold maintains a participating in the groundfish and equivalent in its most recent full limited exception to the general halibut fisheries off Alaska are placed in calendar year of operation from 2003 requirement that catcher/processors are one of two observer coverage categories: through 2009. The third exception in the full observer coverage category. (1) Partial observer coverage category, or applied to a catcher/processor that did The Council and NMFS concluded (2) full observer coverage category. not process more than one metric ton that this production threshold would

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maintain a limited exception to the with no production from 2009 through proposed rule (80 FR 81262, December general requirement that catcher/ the standard basis year in the partial 29, 2015; corrected January 22, 2016 (81 processors are in the full observer observer coverage category in the partial FR 3775)). coverage category. The Council does not observer coverage category in its first The Final Rule anticipate that this action would impair two years of operation. The costs of full data quality because the overwhelming observer coverage could prevent some This final rule revises regulations at amount of groundfish production would non-trawl catcher/processors from 50 CFR part 679 to modify the criteria remain subject to full observer coverage starting processing, particularly for NMFS to place small catcher/ (Section 3.6.7 of the Analysis). The processing of sablefish in remote fishing processors in the partial observer catcher/processors eligible for the grounds in the Aleutian Islands, and coverage category in the Observer partial observer coverage category under processing of Pacific cod by catcher/ Program. This final rule establishes a this final rule are engaged primarily in processors using jig gear. If non-trawl new paragraph in § 679.51, namely the hook-and-line and Pacific cod and catcher/processors had to operate for § 679.51(a)(3). sablefish fisheries (see Section 3.7.12 of their first two years in the full observer At § 679.51(a)(3)(i), this final rule the Analysis). coverage category, it might defeat one of defines the following terms for purposes the objectives of this action, namely of the new § 679.51(a)(3): a ‘‘fishing 2. The Basis Year for Placing a Catcher/ encouraging beneficial activity that is year’’ as the year during which a Processor in the Partial Observer being prevented by the cost of full catcher/processor might be placed in the Coverage Category observer coverage. partial observer coverage category; the This final rule establishes the fishing ‘‘standard basis year’’ as the fishing year year minus two years as the standard 4. Owner Choice by an Annual Deadline minus two years; and the ‘‘alternate basis year for determining whether a Under this final rule, the owner of a basis year’’ as the most recent year catcher/processor is eligible for qualifying vessel may request placement before the standard basis year in which placement in the partial observer in the partial observer coverage category a catcher/processor had any groundfish coverage category, as it is the most through an annual selection process that production but not earlier than 2009. At recent year for which NMFS will have includes an annual deadline. Absent § 679.51(a)(3)(i), this final rule defines a full production data. As an example, to selection by the owner of a qualifying vessel’s ‘‘average weekly groundfish determine if a catcher/processor will be vessel, that catcher/processor will be production,’’ as the annual groundfish eligible for partial observer coverage in placed in the full observer coverage round weight production estimate for a the fishing year that begins on January category for the upcoming fishing year. catcher/processor, divided by the 1, 2017, NMFS will assess production This annual selection process is a new number of separate weeks during which data from 2015 (i.e., the fishing year requirement for the three catcher/ production occurred, as determined by minus two years). processors that are currently production reports, but excluding any If a catcher/processor had no permanently placed in the partial groundfish that was caught with trawl production in the standard basis year, observer coverage category. gear. Thus, if a vessel has groundfish (i.e., the fishing year minus two years), This final rule does not establish a production any day in a week, but that catcher/processor had deadline for vessel operators to request excluding trawl production, that will be production before the standard basis placement in the partial coverage considered as a week of production. year, the vessel’s most recent year of category during the 2016 fishing year; At § 679.51(a)(3)(ii), this final rule production, but not earlier than 2009, vessel operators can request placement specifies the annual deadline for will be used (referred to as the alternate in partial coverage as soon as the final requesting placement in the partial basis year) (see Section 2.4 of the rule is effective. The application process observer coverage category as July 1 of Analysis). For example, if for the fishing for the 2016 fishing year is described in the year before the year that the vessel year beginning January 1, 2017, the most further detail in the section Changes owner would like to be placed in the recent fishing year prior to 2015 that a from the Proposed Rule. partial observer coverage category, for catcher/processor had production was This final rule establishes an annual 2017 and all future years. As described 2011, the production from 2011 would deadline of July 1 to request placement in the section titled Changes from the be used to assess whether that catcher/ in the partial observer coverage category Proposed Rule, no deadline is specified processor met the threshold production applicable for the 2017 fishing year, and for the owner of a catcher/processor to amount to be eligible for placement in for all future fishing years. For the 2017 apply to be placed in the partial the partial observer coverage category. fishing year, a vessel owner would have observer coverage category in 2016. This final rule does not consider to request placement in the partial NMFS should be able to make an production data prior to 2009 because observer coverage category by July 1, eligibility determination within 30 days that is the first year that NMFS collected 2016. of receipt of the request for placement daily production reports (73 FR 76136, in the partial observer coverage 5. Unchanged Observer Requirements December 15, 2008), permitting category. for Trawl Catcher/Processors and calculation of average daily production At § 679.51(a)(3)(iii), this final rule Catcher/Processors That Participate in a (see Appendix D of the Analysis). specifies the requirements for NMFS to Catch Share Program place a catcher/processor in the partial 3. A Catcher/Processor With No History This final rule does not alter existing observer coverage category, namely if of Production observer coverage requirements for a the vessel owner requests placement by The Council and NMFS also catcher/processor using trawl gear or a the annual deadline specified and the considered the initial type of observer catcher/processor when participating in vessel meets the production threshold of coverage (i.e., full or partial) that should a catch share program; these catcher/ 79,000 lb (35.8 mt) of average weekly apply to a catcher/processor with no processors will continue to be required groundfish production (excluding production in either the standard basis to be in the full observer coverage groundfish caught with trawl gear). year or an alternate basis year, e.g., a category. The rationale for the existing To determine eligibility for placement new catcher/processor. This final rule observer coverage requirements for each in the partial observer coverage places any non-trawl catcher/processor catch share program is described in the category, NMFS will first examine the

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catcher/processor’s production in the for placement in the partial observer NMFS-approved software by standard basis year, namely two years coverage category, NMFS will issue an consolidating the daily production before the fishing year. If a catcher/ Initial Administrative Determination, reports for the period the vessel operator processor produced at or below the which will explain the reasons for the defines as the fishing trip for purposes production threshold (79,000 lb (35.8 denial. If the vessel owner wishes to of observer coverage. NMFS will use mt) average weekly groundfish appeal the denial, this final rule information from the catcher/processor production) in the standard basis year, provides at § 679.51(a)(3)(vii) that the landing report to link catch data with but more than zero pounds, the vessel vessel owner may appeal to the National observer data, to determine how to will meet the production threshold for Appeals Office according to the appropriately assign at-sea discard rates placement in the partial observer procedures in 15 CFR part 906. During and prohibited species catch rates to coverage category in the upcoming the appeal process, the catcher/ unobserved catcher/processors in the fishing year. If a catcher/processor processor will remain in the full partial observer coverage category, and exceeded that production threshold, the observer coverage category. to monitor compliance with the vessel will not be eligible for placement This final rule has several provisions requirement for catcher/processors in the partial observer coverage category in addition to the new paragraph at placed in the partial observer coverage in the upcoming fishing year. § 679.51(a)(3). This final rule adds category to log all fishing trips in the If a catcher/processor had no regulations at § 679.51(a)(1)(i)(C) to Observer Declare and Deploy System. production in the standard basis year, clarify that certain catcher/processors This final rule revises NMFS will examine the vessel’s (newly specified by this final rule at § 679.51(e)(1)(iii)(B) to remove production in the alternative basis year, § 679.51(a)(3)) are in the partial observer requirements from catcher/processors namely the first year that the vessel had coverage category when fishing for placed in the partial observer coverage any production before the standard halibut with hook-and-line gear or when category to provide equipment for the basis year but not earlier than 2009. If directed fishing for groundfish in a purpose of observer data entry and a catcher/processor had average weekly federally managed or parallel transmission. Prior to implementation of groundfish production of 79,000 lb (35.8 groundfish fishery. This final rule this final rule, all catcher/processors mt) or less in the alternate basis year, revises § 679.51(a)(2)(i)(A) to clarify that were required to provide an observer the vessel will meet the production catcher/processors are placed in the full with a computer, NMFS-supplied threshold requirement for placement in observer coverage category unless they software, and the ability to transmit data the partial observer coverage category are placed the partial observer coverage to NMFS using a point-to-point for the upcoming fishing year. If a category using criteria specified at connection from the vessel. Removing catcher/processor exceeded the § 679.51(a)(3). This final rule also this requirement reduces the financial production threshold in the alternate removes the regulations detailing the burden on small catcher/processors basis year, the vessel will not be eligible exceptions to the full observer coverage placed in the partial observer coverage for placement in the partial observer category for catcher/processors at category, especially for vessels coverage category. If a catcher/processor § 679.51(a)(2)(iv)(B) that were in place mentioned in Section 3.7.4 of the had no production from 2009 through prior to implementation of this final Analysis that may begin to operate as a the standard basis year, the vessel will rule. catcher/processor (e.g., catcher/ meet the production threshold This final rule adds a new category to processors using jig gear). Prior to requirement for placement in the partial the definition of fishing trip for implementation of this final rule, observer coverage category. purposes of the Observer Program in observers deployed in the partial If a catcher/processor meets the § 679.2. Prior to implementation of this observer coverage category entered and production threshold requirement for final rule, § 679.2 defined a fishing trip transmitted data without equipment placement in the partial observer for a catcher vessel delivering to a provided by the industry. Maintaining coverage category and is not a vessel shoreside processor or stationary those equipment requirements for using trawl gear or otherwise required to floating processor and for a catcher catcher/processors in the partial have full observer coverage by vessel delivering to a tender vessel. This observer coverage category may have participation in a catch share program, final rule defines a fishing trip for a resulted in duplicative and unnecessary the catcher/processor will be placed in catcher/processor in the partial observer equipment being available on the vessel. partial observer coverage only if the coverage category, as the period of time NMFS typically receives data from owner of the vessel makes the request that begins when the vessel departs a observers deployed in the partial by the annual deadline. This final rule port to harvest fish until the vessel observer coverage category at the end of specifies at § 679.51(a)(3)(iv) how the returns to port and offloads all each trip, and that timeline is sufficient vessel owner can request placement in processed product. This new definition for catcher/processors in partial the partial observer coverage category. A is necessary because the current observer coverage under this final rule. vessel owner must submit a request definition of a fishing trip does not NMFS notes that even with this change, form to NMFS, which NMFS will make accurately apply to a catcher/processor more frequent data transmission could available on the NMFS Alaska Region in the partial observer coverage be achieved on some catcher/processors Web site at http:// category. in partial observer coverage if the alaskafisheries.noaa.gov. This final rule adds a new observer is allowed to use existing At § 679.51(a)(3)(v), this final rule requirement at § 679.5(e)(13) for a communication equipment. specifies that NMFS will notify a vessel catcher/processor landing report. The This final rule revises § 679.55(a) and owner in writing if NMFS has placed operator of a catcher/processor placed (c) to clarify that all catcher/processors the vessel in the partial observer in the partial observer coverage category named on a Federal Fishing Permit and coverage category. Until NMFS provides must submit a catcher/processor landing not in the full observer coverage this notice, the catcher/processor will report by 2400 hours, A.l.t., on the day category are responsible for paying the remain in the full observer coverage after the end of the fishing trip. This is observer fee. category. a new reporting requirement created for This final rule corrects two cross At § 679.51(a)(3)(vi), this final rule this program. The landing report will be references in § 679.2 and replaces specifies that if NMFS denies a request generated through eLandings or other language in § 679.5 that refers to old

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terminology of ‘‘100 percent observer waived the 30-day delay in effectiveness annual deployment plan assuming that coverage.’’ That terminology is replaced of this final rule and will accept any catcher/processor eligible to be in with ‘‘full observer coverage;’’ this is the applications from the owners of catcher/ partial observer coverage in 2016 would terminology used under the restructured processors to be placed in the partial choose to do so; therefore NMFS does Observer Program. observer coverage category on the day not need an application deadline in 2016 to enable a catcher/processor to be Comments and Responses that this final rule is published in the Federal Register. placed in the partial observer coverage During the public comment periods Comment 3: The proposed regulations category. Nevertheless, an owner for the NOA for Amendment 112/102 appropriately add a paragraph (C), wishing to place a catcher/processor in and the proposed rule to implement referencing catcher/processors, to 50 the partial observer coverage category Amendment 112/102, NMFS received CFR 679.51(a)(1)(i). New paragraph (C) has an incentive to submit an three comment letters from the public joins a list of certain classes of vessels application as soon as possible in 2016 that contained three substantive in partial observer coverage, with if placement in partial coverage reduces comments. NMFS’ responses to these paragraphs (A) and (B) describing the cost of observer coverage. In comments are presented below. certain catcher vessels. The language addition, not having an application Comment 1: All three commenters introducing the list at § 679.51(a)(1)(i) deadline for 2016 provides additional expressed support for this action. should be revised to reference not just time for potential new participants in Response: NMFS acknowledges these catcher vessels but also catcher/ the fishery to adjust to the new comments. processors: ‘‘ . . . the following catcher regulations. If a vessel owner missed the Comment 2: Two commenters vessels [and catcher/processors] are in 2016 application deadline described in requested that NMFS implement this the partial observer coverage category the proposed rule, the vessel would action as soon as possible in 2016. One . . .’’ The word ‘‘or’’ should be deleted require full observer coverage until commenter would like to begin fishing for Individual Fishing Quota (IFQ) after paragraph (A). January 2017. Removing the 2016 Response: NMFS agrees with the Program Pacific halibut and sablefish deadline does not create a substantial suggested addition of ‘‘and catcher/ around April 1, but due to the costs of administrative burden for NMFS processors’’ at § 679.51(a)(1)(i). full coverage, would not start fishing because of the small number of vessels However, NMFS does not agree with the until they were allowed to be placed in involved. Fishery participants are the partial observer coverage category. suggested deletion of the word ‘‘or’’ reminded that the July 1 deadline The second commenter stated that it after § 679.51(a)(1)(i)(A). With the applies for the 2017 fishing year, and for benefits the few eligible catcher/ implementation of this final rule, all future fishing years. § 679.51(a)(1)(i) contains three processors to be placed in the partial Other Changes paragraphs, (A), (B), and (C), each of observer coverage as soon as possible in NMFS adds the phrase ‘‘and catcher/ 2016, and doing so would not negatively which is independent of the others. processors’’ at § 679.51(a)(1)(i) to impact any other fishery participants. Therefore, it is appropriate to retain the reference not just catcher vessels but Response: NMFS acknowledges these word ‘‘or’’ after § 679.51(a)(1)(i)(A). also catcher/processors, as described in comments. Most of the catcher/ Changes From the Proposed Rule the response to Comment 3 in the processors that will be eligible to be Comments and Responses section. placed in the partial observer coverage Initial Implementation Deadline for NMFS corrects a verb disagreement category under this final rule participate 2016 error in the table at § 679.55(c) by in the sablefish IFQ fisheries or fish for The proposed rule for Amendment changing ‘‘is’’ to ‘‘are’’ in row (5). Pacific cod. Directed fishing for Pacific 112/102 (80 FR 81262, December 29, cod opened in most areas off Alaska on 2015; corrected January 22, 2016 (81 FR Classification January 1, 2016, and the IFQ fishing 3775)) proposed to establish an The Administrator, Alaska Region, season started on March 19, 2016. application deadline in 2016 for an determined that Amendments 112 and Under existing regulations, any catcher/ owner of an eligible catcher/processor to 102 and this final rule are necessary for processors not placed in the partial request placement in the partial the conservation and management of the observer coverage category are in the observer coverage category within 15 BSAI and GOA groundfish fisheries and full observer coverage category and days after the effective date of the final that they are consistent with the must carry an observer at all times while rule. The effective date of the final rule Magnuson-Stevens Act, and other fishing in the GOA or BSAI. As noted was anticipated to be 30 days after its applicable law. in the proposed rule and Analysis, being publication in the Federal Register; This final rule has been determined to placed in the full observer coverage therefore, this deadline would have be not significant for purposes of category imposes costs on vessel owners provided a vessel owner 45 days to Executive Order 12866. that generally exceed the costs of being consider and submit a timely request for placed in the partial observer coverage placement in the partial observer Administrative Procedure Act category. Allowing the owners of coverage category after the date of The NMFS Assistant Administrator catcher/processors to apply to be placed publication of the final rule. finds good cause under 5 U.S.C. in the partial observer coverage category NMFS has determined that an 553(d)(3) to waive the 30-day delay in as soon as possible in 2016 would application deadline for the 2016 effectiveness for the provisions in this minimize the cost of observer coverage fishing year is not necessary. One of the final rule. Maintaining the 30-day delay for these vessel owners. Due to the costs primary reasons for an application would be contrary to the public interest. of the full observer coverage category, deadline for 2017 and future years is to Waiving the 30-day delay in some vessel owners may even choose provide information about which effectiveness would allow the owners of not to fish until the catcher/processor catcher/processors will be in the partial catcher/processors to apply to be placed can be placed in the partial observer observer coverage category in time to in the partial observer coverage category coverage category. Therefore, for reasons prepare the Observer Program annual as soon as the final rule is published discussed in the Classification section, deployment plan for the upcoming year. and would allow NMFS to approve this the NMFS Assistant Administrator has NMFS has already prepared the 2016 placement for eligible catcher/

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processors as soon as NMFS is able to observer coverage, which would delay proposed rule in the final rule as a complete the necessary review. the associated economic opportunities result of the comments; (4) a description Maintaining the 30-day delay in being sought through this final rule, of and an estimate of the number of effectiveness would not prevent vessel thus undermining its intent. small entities to which the rule will owners from applying to be placed in For these reasons, the NMFS Assistant apply or an explanation of why no such the partial observer coverage category, Administrator waives the 30-day delay estimate is available; (5) a description of but NMFS would not be able to approve in effectiveness of this final rule and the projected reporting, recordkeeping placement of eligible catcher/processors will accept applications from the and other compliance requirements of in the partial observer coverage category owners of catcher/processors to be the rule, including an estimate of the until the effective date of the final rule. placed in the partial observer coverage classes of small entities which will be category on the day that this final rule This would require vessel owners to subject to the requirement and the type is published in the Federal Register. bear the costs of the full observer of professional skills necessary for coverage category or delay fishing for up Small Entity Compliance Guide preparation of the report or record; and to 30 days. Public comment received on 6) a description of the steps the agency the proposed rule overwhelmingly Section 212 of the Small Business requested that NMFS implement this Regulatory Enforcement Fairness Act of has taken to minimize the significant action as soon as possible in 2016. 1996 states that, for each rule or group economic impact on small entities Most of the catcher/processors that of related rules for which an agency is consistent with the stated objectives of will be eligible to be placed in the required to prepare a final regulatory applicable statutes, including a partial observer coverage category under flexibility analysis, the agency shall statement of the factual, policy, and this final rule participate in the publish one or more guides to assist legal reasons for selecting the alternative sablefish IFQ fisheries or fish for Pacific small entities in complying with the adopted in the final rule and why each cod. Pacific cod opened for directed rule, and shall designate such one of the other significant alternatives fishing in most areas off Alaska on publications as ‘‘small entity to the rule considered by the agency January 1, 2016, and the sablefish IFQ compliance guides.’’ The agency shall which affect the impact on small fishing season started on March 19, explain the actions a small entity is entities was rejected. 2016. Under existing regulations, any required to take to comply with a rule catcher/processors not placed in the or group of rules. The preamble to the Need for and Objectives of the Rule proposed rule (80 FR 81262, December partial observer coverage category are in A description of the need for, and the full observer coverage category and 29, 2015; corrected January 22, 2016 (81 FR 3775)) and the preamble to this final objectives of, the rule is contained in the required to carry an observer at all times preamble to the proposed rule and this while fishing in the GOA or BSAI. As rule serve as the small entity final rule and is not repeated here. This noted in the proposed rule and compliance guide. This final rule does FRFA incorporates the Initial Regulatory Analysis, the full observer coverage not require any additional compliance category imposes costs on vessel owners from small entities that is not described Flexibility Analysis (IRFA) and the that generally exceed the costs of being in the preamble to the proposed rule summary of the IRFA in the proposed placed in the partial observer coverage and this final rule. Copies of the rule (80 FR 81262, December 29, 2015; category. Allowing the owners of proposed rule and this final rule are corrected January 22, 2016 (81 FR catcher/processors to apply to be placed available from NMFS at the following 3775)). in the partial observer coverage category Web site: http:// Summary of Significant Issues Raised as soon as possible in 2016 would alaskafisheries.noaa.gov. During Public Comment minimize the cost of observer coverage Final Regulatory Flexibility Analysis for these vessel owners. (FRFA) NMFS published a proposed rule on Waiving the 30-day delay in this final December 29, 2015 (80 FR 81262; rule’s effectiveness will help maximize Section 604 of the Regulatory corrected January 22, 2016 (81 FR economic opportunities for these Flexibility Act requires an agency to 3775)). An IRFA was prepared and commercial fishermen in the BSAI and prepare a FRFA after being required by summarized in the Classification section that section or any other law to publish GOA during the 2016 fishing year and of the preamble to the proposed rule. a general notice of proposed rulemaking will allow qualifying vessel owners to The comment period closed on January and when an agency promulgates a final start operating under partial observer 28, 2016. NMFS received 3 letters of coverage requirements as soon as the rule under section 553 of Title 5 of the public comment on the proposed rule. vessel owner receives notification from U.S. Code. The following paragraphs These comment letters did not address NMFS that the vessel is placed in the constitute the FRFA for this action. the IRFA. The comments did address partial observer coverage category. Section 604 describes the required There is no administrative need for contents of a FRFA: (1) A statement of the economic impacts of the rule additional time beyond the point of the need for, and objectives of, the rule; generally by requesting that the rule be notification from NMFS. This is a non- (2) a statement of the significant issues implemented as soon as possible to help controversial action that affects a small raised by the public comments in maximize economic opportunities for number of vessel owners. NMFS is response to the initial regulatory commercial fishermen in the BSAI and unaware of any participants who would flexibility analysis, a statement of the GOA during the 2016 fishing year by not be in favor of or who would be assessment of the agency of such issues, allowing qualifying vessels to start potentially harmed by waiving the 30- and a statement of any changes made in operating under partial observer day delay in effectiveness. Without the proposed rule as a result of such coverage requirements as soon as the waiving the 30-day delay in comments; (3) the response of the vessel owner receives notification from effectiveness, vessel owners affected by agency to any comments filed by the NMFS that the vessel is placed in the this final rule that are currently in full Chief Counsel for Advocacy of the Small partial observer coverage category. The observer coverage would have to wait an Business Administration in response to Chief Counsel for Advocacy of the Small additional 30 days after publication of the proposed rule, and a detailed Business Administration did not file this final rule to be placed in partial statement of any change made to the any comments on the proposed rule.

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Number and Description of Small did not identify alternatives to the this action was to end permanent Entities Regulated by the Action preferred alternative that would placement in the partial observer NMFS expects that up to 11 vessels minimize the impact on small entities coverage category for catcher/processor will qualify for placement in the partial better than the preferred alternative and vessels and create a flexible system that observer coverage category (See the still meet the objectives for this final could respond if a vessel increased rule—to provide a relatively limited production. Classification section of the proposed exception to the general requirement The Council and NMFS considered rule (80 FR 81262, December 29, 2015; that all catcher/processors are in the full multiple elements and options under corrected January 22, 2016 (81 FR observer coverage category, and Alternative 2 that would qualify more 3775))). NMFS estimates that up to 9 of maintain the full observer coverage vessels or fewer vessels for placement in the 11 vessels identified are considered requirement for all trawl catcher/ the partial observer coverage category. directly regulated small entities. processors and catcher/processors In addition to the two average weekly Recordkeeping, Reporting, and Other participating in a catch share program production thresholds, a low and a high Compliance Requirements that requires full observer coverage. average daily, maximum daily The preferred alternative production, maximum weekly, and This action contains one new implemented by this final rule modifies annual production measures were reporting and recordkeeping existing regulations that are necessary to considered. requirement that affects the small meet the objectives of this final rule. The production thresholds analyzed entities. Vessel owners desiring to be The preferred alternative is not under Element 1 Option 4B (high placed in the partial observer coverage anticipated to have adverse impacts on maximum weekly production) and category for a fishing year must submit small entities. As noted in the IRFA, Option 5B (high annual production) a form expressing that choice by July 1 this action is expected to create a net could have qualified one more small (except for the 2016 fishing year). benefit for the directly regulated small catcher/processor for partial observer This form will use production data entities. In other words, the benefits of coverage than is qualified under the that will be available to the owner on this action are expected to outweigh the preferred alternative (Option 2B: the eLandings Web site. Given the reporting, recordkeeping, and other average weekly production threshold of simplicity of the form, and the compliance costs described above. 79,000 lb). The Council and NMFS did accessibility of the data needed to The Council and NMFS adopted the not select Option 4B because basing a complete it, NMFS estimates that it will average weekly production threshold of threshold on maximum weekly take no more than 30 minutes to 79,000 lb (35.8 mt) as its preferred production would have excluded some complete and file the form. For alternative. This production threshold catcher/processors that had one week of Paperwork Reduction Act estimation allows a catcher/processor to qualify for relatively high production, but had purposes, NMFS values this type of placement in the partial observer relatively low average production over effort at $37 per hour. Approximately coverage category for a year, if its round the remainder of the year. The Council nine small entities could be affected by weight equivalent of their processed did not select Option 5B because it this requirement. Thus, the total public product, two years previous, averaged would allow catcher/processors with time required to complete nine forms a less than 79,000 lb (35.8 mt) a week. If relatively high production levels over year x 30 minutes is 4.5 hours. At a cost the vessel had not operated two years the course of several weeks or months of $37 per hour, the estimated cost is previously, NMFS will use its during the year into the partial observer about $167. production in the first year with coverage category. NMFS recommended Description of Significant Alternatives production since 2009, inclusive of that catcher/processors with these high to the Final Action That Minimize 2009. If the vessel has not produced in intensity production periods during the Adverse Impacts on Small Entities this period, NMFS will allow the vessel year should remain in the full observer to be placed in the partial observer coverage category so that all of their A FRFA must describe the steps the coverage category in the year in which fishing activity is observed. agency has taken to minimize the application is made, unless it is a trawl The average weekly measure was significant economic impact on small vessel, in which case it will be in the chosen, because it provided a measure entities consistent with the stated full observer coverage category. of production intensity, which the objectives of applicable statues, This action reduces the relative annual, maximum daily, and maximum including a statement of the factual, burden on directly regulated small weekly measures, did not provide; it policy, and legal reasons for selecting catcher/processors in comparison with was readily measurable; and it was less the alternative adopted in the final rule the status quo. Vessels that qualify can prone to manipulation or unusually and why each one of the other forego full observer coverage and high levels of production than the other significant alternatives to the rule operate with less expensive partial options considered. A week is also the considered by the agency that affect the observer coverage, should they choose standard measure of production for a impact on small entities was rejected. to do so. The three catcher/processors catcher/processor trip in current ‘‘Significant alternatives’’ are those that that were permanently placed in the regulation (Section 2.2.1 of the Analysis achieve the stated objectives for the partial observer coverage category under and the Classification section of the action, consistent with prevailing law, the status quo now have to qualify for proposed rule (80 FR 81262, December with potentially lesser adverse placement in the partial observer 29, 2015; corrected January 22, 2016 (81 economic impacts on small entities as a coverage category each year. The FR 3775))). whole. Council and NMFS chose the 79,000-lb The Council and NMFS considered a average weekly threshold, rather than an Collection-of-Information Requirements range of alternatives and options to the alternative 42,000-lb average weekly This final rule contains collection-of- preferred alternative that is threshold, to maximize the potential for information requirements subject to the implemented by this final rule. These these three vessels to qualify for the Paperwork Reduction Act (PRA) which alternatives and options are described in option to be placed in the partial have been approved by Office of Section 2 of the RIR/IRFA and are not observer coverage category in future Management and Budget (OMB) under repeated here. The Council and NMFS years. Moreover, one of the objectives of control numbers 0648–0318, 0648–0515,

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and 0648–0711. The information (3) *** (B) A catcher vessel when fishing for collections are presented by OMB (iii) For a catcher/processor in the halibut with hook-and-line gear and control number. partial observer coverage category, the while carrying a person named on a period of time that begins when the permit issued under § 679.4(d)(1)(i), OMB Control No. 0648–0318 vessel departs a port to harvest fish until § 679.4(d)(2)(i), or § 679.4(e)(2), or for Public reporting burden for Catcher/ the vessel returns to port and offloads sablefish IFQ with hook-and-line or pot Processor Observer Partial Coverage all processed product. gear and while carrying a person named Request is estimated to average 30 * * * * * on a permit issued under § 679.4(d)(1)(i) minutes per response. or § 679.4(d)(2)(i); or ■ 3. In § 679.5, add paragraph (e)(13) to OMB Control No. 0648–0515 (C) A catcher/processor placed in the read as follows: partial observer coverage category under Public reporting burden for Catcher/ § 679.5 Recordkeeping and reporting paragraph (a)(3) of this section. Processor Landing Report through (R&R). * * * * * eLandings is estimated to average one * * * * * (2) * * * minute per response. (e) * * * (i) * * * OMB Control No. 0648–0711 (13) Catcher/processor landing report. (A) Catcher/processors, except a catcher/processor placed in the partial Public reporting burden for submittal (i) The operator of a catcher/processor placed in the partial observer coverage observer coverage category under of Observer Fee through eFISH is paragraph (a)(3) of this section; estimated to average 1 minute per category under § 679.51(a)(3) must use response. eLandings or other NMFS-approved * * * * * Send comments regarding these software to submit a catcher/processor (3) Catcher/processor placement in burden estimates or any other aspect of landing report to NMFS for each fishing the partial observer coverage category these collections, including suggestions trip conducted while that catcher/ for a year—(i) Definitions. For purposes for reducing the burden, to NMFS (see processor is in the partial observer of this paragraph (a)(3), these terms are coverage category. ADDRESSES), and by email to OIRA_ defined as follows: (ii) The vessel operator must log into [email protected] or fax to 202– (A) Average weekly groundfish eLandings or other NMFS-approved 395–5806. production means the annual Notwithstanding any other provision software and provide the information groundfish round weight production of the law, no person is required to required on the computer screen. estimate for a catcher/processor, divided respond to, and no person shall be Additional instructions for submitting a by the number of separate weeks during subject to penalty for failure to comply catcher/processor landing report is on which production occurred, as with, a collection of information subject the Alaska Region Web site at http:// determined by production reports, to the requirements of the PRA, unless alaskafisheries.noaa.gov. excluding any groundfish caught using (iii) For purposes of this landing that collection of information displays a trawl gear. report requirement, the end of a fishing currently valid OMB control number. (B) Fishing year means the year trip is defined in § 679.2, paragraph All currently approved NOAA during which a catcher/processor might (3)(iii) of the definition of a fishing trip. collections of information may be be placed in partial observer coverage. (iv) The vessel operator must submit viewed at: http://www.cio.noaa.gov/ (C) Standard basis year means the the catcher/processor landing report to services_programs/prasubs.html. fishing year minus two years. NMFS by 2400 hours, A.l.t., on the day (D) Alternate basis year means the List of Subjects in 50 CFR Part 679 after the end of the fishing trip. most recent year before the standard Alaska, Fisheries, Reporting and * * * * * basis year in which a catcher/processor recordkeeping requirements. ■ 4. In § 679.51, had any groundfish production but not ■ a. Revise paragraphs (a)(1)(i) and earlier than 2009. Dated: March 23, 2016. (ii) Deadline for requesting partial Eileen Sobeck, (a)(2)(i)(A); ■ b. Remove and reserve paragraphs observer coverage. For the 2017 fishing Assistant Administrator for Fisheries, year and every fishing year after 2017, National Marine Fisheries Service. (a)(2)(iv)(B) and (a)(2)(v); ■ c. Add paragraph (a)(3); and the deadline for requesting partial For the reasons set out in the ■ d. Revise paragraph (e)(1)(iii)(B) observer coverage is July 1 of the year preamble, 50 CFR part 679 is amended introductory text to read as follows: prior to the fishing year. as follows: (iii) Requirements for placing a § 679.51 Observer requirements for catcher/processor in the partial observer PART 679—FISHERIES OF THE vessels and plants. coverage category. NMFS will place a EXCLUSIVE ECONOMIC ZONE OFF * * * * * catcher/processor in the partial observer ALASKA (a) * * * coverage category for a fishing year if (1) * * * the owner of the catcher/processor ■ 1. The authority citation for 50 CFR (i) Vessel classes in partial coverage requests placement in partial observer part 679 continues to read as follows: category. Unless otherwise specified in coverage by the deadline for requesting Authority: 16 U.S.C. 773 et seq.; 1801 et paragraph (a)(2) of this section, the partial observer coverage for that fishing seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. following catcher vessels and catcher/ year and the catcher/processor meets 111–281 processors are in the partial observer the following requirements: ■ 2. In § 679.2, add paragraph (3)(iii) to coverage category when fishing for (A) An average weekly groundfish the definition of ‘‘Fishing trip’’ to read halibut with hook-and-line gear or when production of: as follows: directed fishing for groundfish in a (1) 79,000 lb (35.8 mt) or less, but federally managed or parallel more than zero lb, in the standard basis § 679.2 Definitions. groundfish fishery, as defined at § 679.2: year; or * * * * * (A) A catcher vessel designated on an (2) Zero lb in the standard basis year Fishing trip means: * * * FFP under § 679.4(b)(1); or and 79,000 lb (35.8 mt) or less, but more

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than zero lb, in the alternate basis year; (vi) Initial Administrative vessel participating in the Rockfish or Determination (IAD). If NMFS denies a Program: (3) Had no production from 2009 request to place a catcher/processor in * * * * * through the standard basis year; and the partial observer coverage category, ■ (B) Is not a catcher/processor using 5. In § 679.55, revise paragraphs (a) NMFS will provide an IAD, which will and (c) to read as follows: trawl gear; and explain the basis for the denial. (C) Is not subject to additional (vii) Appeal. If the owner of a catcher/ § 679.55 Observer fees. observer coverage requirements in processor wishes to appeal NMFS’ (a) Responsibility. The owner of a paragraph (a)(2)(vi) of this section. (iv) How to request placement of a denial of a request to place a catcher/ shoreside processor or stationary catcher/processor in partial observer processor in the partial observer floating processor named on a Federal coverage. A vessel owner must submit a coverage category, the owner may Processing Permit (FPP), a catcher/ request form to NMFS. The request form appeal the determination under the processor named on a Federal Fisheries must be completed with all required appeals procedure set out at 15 CFR part Permit (FFP), or a person named on a fields accurately completed. The request 906. Registered Buyer permit at the time of form is provided by NMFS and is * * * * * the landing subject to the observer fee as specified at § 679.55(c) must comply available on the NMFS Alaska Region (e) * * * with the requirements of this section. Web site (http:// (1) * * * alaskafisheries.noaa.gov). The submittal Subsequent non-renewal of an FPP, methods are described on the form. (iii) * * * FFP, or a Registered Buyer permit does (v) Notification of placement in the (B) Communication equipment not affect the permit holder’s liability partial observer coverage category. requirements. In the case of an operator for noncompliance with this section. NMFS will notify the owner if the of a catcher/processor (except for a * * * * * catcher/processor has been placed in the catcher/processor placed in the partial (c) Landings subject to the observer partial observer coverage category in observer coverage category under fee. The observer fee is assessed on writing. Until NMFS provides paragraph (a)(3) of this section), a landings by vessels not in the full notification, the catcher/processor is in mothership, a catcher vessel 125 ft LOA observer coverage category described at the full observer coverage category for or longer (except for a vessel fishing for § 679.51(a)(2) according to the following that fishing year. groundfish with pot gear), or a catcher table:

Is fish from the landing subject to the observer fee? If fish in the landing by a catcher vessel or production by a catcher/ If the vessel is not designated on If the vessel is designated on an processor is from the following fishery or species: an FFP or required to be FFP or required to be designated designated on an FFP: on an FFP:

(1) Groundfish listed in Table 2a to this part that are harvested in the Not applicable, an FFP is required Yes. EEZ and subtracted from a total allowable catch limit specified to harvest these groundfish in under § 679.20(a). the EEZ. (2) Groundfish listed in Table 2a to this part that are harvested in No ...... Yes. Alaska State waters, including in a parallel groundfish fishery, and subtracted from a total allowable catch limit specified under § 679.20(a). (3) Sablefish IFQ, regardless of where harvested ...... Yes ...... Yes. (4) Halibut IFQ or halibut CDQ, regardless of where harvested ...... Yes ...... Yes. (5) Groundfish listed in Table 2a to this part that are harvested in No ...... No. Alaska State waters, but are not subtracted from a total allowable catch limit under § 679.20(a). (6) Any groundfish or other species not listed in Table 2a to part 679, No ...... No. except halibut IFQ or CDQ halibut, regardless of where harvested.

* * * * * §§ 679.2 and 679.5 [Amended] column and replace it with the phrase ■ 6. At each of the locations shown in indicated in the ‘‘Add’’ column for the the ‘‘Location’’ column, remove the number of times indicated in the phrase indicated in the ‘‘Remove’’ ‘‘Frequency’’ column.

Location Remove Add Frequency

§ 679.2 Definition of ‘‘Suspension’’ ...... § 679.50 ...... § 679.53 ...... 1 § 679.2 Definition of ‘‘Suspension’’ ...... § 679.50(j) ...... § 679.53(c) ...... 1 § 679.5(e)(10)(iv)(B) ...... required to have 100 percent observer in the groundfish and halibut fishery full 1 coverage or more. observer coverage category described at § 679.51(a)(2).

[FR Doc. 2016–07019 Filed 3–28–16; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 81, No. 60

Tuesday, March 29, 2016

This section of the FEDERAL REGISTER W12–140, 1200 New Jersey Avenue SE., all comments received by the closing contains notices to the public of the proposed Washington, DC 20590. date and may amend this NPRM issuance of rules and regulations. The • Hand Delivery: Deliver to Mail because of those comments. purpose of these notices is to give interested address above between 9 a.m. and 5 We will post all comments we persons an opportunity to participate in the p.m., Monday through Friday, except receive, without change, to http:// rule making prior to the adoption of the final Federal holidays. rules. www.regulations.gov, including any For service information identified in this proposed AD, contact Honeywell personal information you provide. We will also post a report summarizing each DEPARTMENT OF TRANSPORTATION International Inc., 111 S. 34th Street, Phoenix, AZ 85034–2802; phone: 800– substantive verbal contact we receive about this NPRM. Federal Aviation Administration 601–3099; Internet: https:// myaerospace.honeywell.com/wps/ Discussion 14 CFR Part 39 portal. You may view this service information at the FAA, Engine & On June 5, 2015, we issued AD 2015– [Docket No. FAA–2006–23706; Directorate Propeller Directorate, 1200 District 12–04, Amendment 39–18177, (80 FR Identifier 2006–NE–03–AD] Avenue, Burlington, MA. For 34534, June 17, 2015) (‘‘AD 2015–12– RIN 2120–AA64 information on the availability of this 04’’), for all Honeywell International material at the FAA, call 781–238–7125. Inc. TPE331–1, –2, –2UA, –3U, –3UW, Airworthiness Directives; Honeywell It is also available on the Internet at –5, –5A, –5AB, –5B, –6, –6A, –10, International Inc. Turboprop Engines http://www.regulations.gov by searching –10AV, –10GP, –10GT, –10P, –10R, for and locating Docket No. FAA–2006– –10T, –10U, –10UA, –10UF, –10UG, AGENCY: Federal Aviation 23706. –10UGR, –10UR, –11U, –12JR, –12UA, Administration (FAA), DOT. Examining the AD Docket –12UAR, and –12UHR turboprop ACTION: Notice of proposed rulemaking engines with certain Woodward FCU (NPRM). You may examine the AD docket on assemblies, installed. AD 2015–12–04 the Internet at http:// requires initial and repetitive SUMMARY: We propose to supersede www.regulations.gov by searching for dimensional inspections of the affected airworthiness directive (AD) 2015–12– and locating Docket No. FAA–2006– fuel control drives and insertion of 04, which applies to all Honeywell 23706; or in person at the Docket certain airplane operating procedures International Inc. (Honeywell) TPE331– Management Facility between 9 a.m. into the applicable flight manuals. AD 1, –2, –2UA, –3U, –3UW, –5, –5A, and 5 p.m., Monday through Friday, 2015–12–04 resulted from reports of –5AB, –5B, –6, –6A, –10, –10AV, except Federal holidays. The AD docket loss of the fuel control drive, leading to –10GP, –10GT, –10P, –10R, –10T, –10U, contains this proposed AD, the engine overspeed, overtorque, –10UA, –10UF, –10UG, –10UGR, regulatory evaluation, any comments overtemperature, uncontained rotor –10UR, –11U, –12JR, –12UA, –12UAR, received, and other information. The failure, and asymmetric thrust in multi- and –12UHR turboprop engines with street address for the Docket Office engine airplanes. We issued AD 2015– certain Woodward fuel control unit (phone: 800–647–5527) is in the 12–04 to prevent failure of the fuel (FCU) assemblies, installed. AD 2015– ADDRESSES section. Comments will be control drive, damage to the engine, and 12–04 currently requires initial and available in the AD docket shortly after damage to the airplane. repetitive dimensional inspections of receipt. the affected fuel control drives and FOR FURTHER INFORMATION CONTACT: Actions Since AD 2015–12–04 Was insertion of certain airplane operating Joseph Costa, Aerospace Engineer, Los Issued procedures into the applicable flight Angeles Aircraft Certification Office, manuals. This proposed AD would FAA, Transport Airplane Directorate, We received a request to change correct compliance requirements and 3960 Paramount Blvd., Lakewood, CA compliance time from 50 hours to 100 relax the inspection interval. We are 90712–4137; phone: 562–627–5246; fax: hours for fuel control part numbers proposing this AD to prevent failure of 562–627–5210; email: joseph.costa@ affected by paragraph (e)(2) of this AD. the fuel control drive, damage to the faa.gov. We concluded that because the number engine, and damage to the airplane. of fuel control drives in-service that had SUPPLEMENTARY INFORMATION: DATES: We must receive comments on not completed an initial inspection was this proposed AD by May 31, 2016. Comments Invited small, changing the compliance time to 100 hours would not add additional risk ADDRESSES: You may send comments, We invite you to send any written using the procedures found in 14 CFR relevant data, views, or arguments about of fuel control drive failure and, 11.43 and 11.45, by any of the following this NPRM. Send your comments to an therefore, is appropriate. methods: address listed under the ADDRESSES We also received reports that some • Federal eRulemaking Portal: Go to section. Include ‘‘Docket No. FAA– airplanes do not use the condition lever http://www.regulations.gov. Follow the 2006–23706; Directorate Identifier to shut down the engine, and so could instructions for submitting comments. 2006–NE–03–AD’’ at the beginning of not comply with the AD. We concluded • Fax: 202–493–2251. your comments. We specifically invite that references to a condition lever were • Mail: U.S. Department of comments on the overall regulatory, inappropriate. This proposed AD Transportation, Docket Operations, M– economic, environmental, and energy eliminates references to a condition 30, West Building Ground Floor, Room aspects of this NPRM. We will consider lever.

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Related Service Information rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 Section 106, describes the authority of We reviewed Honeywell Operating Air transportation, Aircraft, Aviation Information Letter (OIL) OI331–12R6, the FAA Administrator. Subtitle VII, Aviation Programs, describes in more safety, Incorporation by reference, dated May 26, 2009, for multi-engine Safety. airplanes; and OIL OI331–18R4, dated detail the scope of the Agency’s May 26, 2009, for single-engine authority. The Proposed Amendment We are issuing this rulemaking under airplanes and Honeywell TPE331 the authority described in Subtitle VII, maintenance manuals. The service Accordingly, under the authority Part A, Subpart III, Section 44701, delegated to me by the Administrator, information describes procedures for ‘‘General requirements.’’ Under that conducting fuel control drive the FAA proposes to amend 14 CFR part section, Congress charges the FAA with 39 as follows: inspections and engine shutdown. promoting safe flight of civil aircraft in FAA’s Determination air commerce by prescribing regulations PART 39—AIRWORTHINESS for practices, methods, and procedures DIRECTIVES We are proposing this NPRM because the Administrator finds necessary for we information evaluated all the safety in air commerce. This regulation ■ relevant and determined the unsafe 1. The authority citation for part 39 is within the scope of that authority condition described previously is likely continues to read as follows: because it addresses an unsafe condition to exist or develop in other products of Authority: 49 U.S.C. 106(g), 40113, 44701. that is likely to exist or develop on the same type design. products identified in this rulemaking § 39.13 [Amended] Proposed AD Requirements action. ■ 2. The FAA amends § 39.13 by This NPRM would increase the Regulatory Findings removing airworthiness directive (AD) inspection time limits for the FCU We have determined that this 2015–12–04, Amendment 39–18177 (80 assembly from 50 to 100 hours-in- proposed AD would not have federalism FR 34534, June 17, 2015) (‘‘AD 2015– service in Compliance paragraph (e)(2) implications under Executive Order 12–04’’), and adding the following new of this AD. This NPRM would also 13132. This proposed AD would not AD: delete reference to the condition lever. have a substantial direct effect on the Honeywell International Inc.: Docket No. Costs of Compliance States, on the relationship between the FAA–2006–23706; Directorate Identifier national Government and the States, or 2006–NE–03–AD. We estimate that this proposed AD on the distribution of power and affects 2,250 engines installed on responsibilities among the various (a) Comments Due Date airplanes of U.S. registry. We also levels of government. The FAA must receive comments on this estimate that it would take about 8 For the reasons discussed above, I AD action by May 31, 2016. hours per engine to comply with this certify that the proposed regulation: (b) Affected ADs proposed AD. The average labor rate is (1) Is not a ‘‘significant regulatory $85 per hour. We estimate that 10% of action’’ under Executive Order 12866, This AD replaces AD 2015–12–04. affected engines will require FCU (2) Is not a ‘‘significant rule’’ under (c) Applicability assembly stub shaft replacement and the DOT Regulatory Policies and fuel pump or fuel control repair. We This AD applies to all Honeywell Procedures (44 FR 11034, February 26, International Inc. (Honeywell) TPE331–1, –2, also estimate that repairs will cost about 1979), –2UA, –3U, –3UW, –5, –5A, –5AB, –5B, –6, $10,000 per engine. Based on these (3) Will not affect intrastate aviation –6A, –10, –10AV, –10GP, –10GT, –10P, –10R, figures, we estimate the cost of this AD in Alaska to the extent that it justifies –10T, –10U, –10UA, –10UF, –10UG, on U.S. operators to be $525,587 per making a regulatory distinction, and –10UGR, –10UR, –11U, –12JR, –12UA, year. (4) Will not have a significant –12UAR, and –12UHR turboprop engines economic impact, positive or negative, Authority for This Rulemaking with Woodward fuel control unit (FCU) on a substantial number of small entities assemblies with Honeywell part numbers (P/ Title 49 of the United States Code under the criteria of the Regulatory Ns) as listed in Table 1 to paragraph (c) of specifies the FAA’s authority to issue Flexibility Act. this AD, installed.

TABLE 1 TO PARAGRAPH (c)—AFFECTED FCU ASSEMBLY P/NS

Group # Engine FCU Assembly P/Ns

1 ...... TPE331–1, –2, and –2UA ...... P/N 869199–13, –20, –21, –22, –23, –24, –25, –26, –27, –28, –29, –31, –32, –33, –34, and –35. 2 ...... TPE331–1, –2, and –2UA ...... P/N 869199–9, –10, –11, –12, –14, –16, –17, and –18. 3 ...... TPE331–3U, –3UW, –5, –5A, –5AB, –5B, P/N 893561–7, –8, –9, –10, –11, –14, –15, –16, –20, –26, –27, –29; and –6, –6A, –l0AV, –10GP, –10GT, –10P, P/N 897770–1, –3, –7, –9, –10, –11, –12, –14, –15, –16, –25, –26, and –28. and –10T. 4 ...... TPE331–3U, –3UW, –5, –5B, –6, –6A, P/N 893561–4, –5, –12, –13; and and –10T. P/N 897770–5, –8, and –13. 5 ...... TPE331–10, –l0R, –10U, –10UA, –10UF, P/N 897375–2, –3, –4, –5, –8, –9, –10, –11, –12, –13, –14, –15, –16, –17, –19, –10UG, –10UGR, –10UR, –11U, –21, –24, –25, –26, –27; and –12JR, –12UA, –12UAR, and –12UHR. P/N 897780–1, –2, –3, –4, –5, –6, –7, –8, –9, –10, –11, –14, –15, –16, –17, –18, –19, –20, –21, –22, –23, –24, –25, –26, –27, –30, –32, –34, –36, –37, –38; and P/N 893561–17, –18, and –19.

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(d) Unsafe Condition (i) At the next scheduled inspection of the (ii) If on the effective date of this AD the This AD was prompted by reports of loss fuel control drive, or within 500 hours-in- FCU assembly has fewer than 900 HIS SLI, of the fuel control drive, leading to engine service (HIS) after the effective date of this inspect the fuel control drive for wear within overspeed and engine failure. We are issuing AD, whichever occurs first, inspect the fuel 1,000 HIS. this AD to prevent failure of the fuel control control drive for wear. (iii) Thereafter, re-inspect the fuel control (ii) Thereafter, re-inspect the fuel control drive, damage to the engine, and damage to drive for wear within every 1,000 HIS SLI. the airplane. drive within every 1,000 HIS since-last- inspection (SLI). (3) Airplane Operating Procedures (e) Compliance (2) Inspection of Engines With FCU Within 60 days after the effective date of Comply with this AD within the Assembly P/Ns in Groups 1, 3, or 5 compliance times specified, unless already this AD, insert the information in Figure 1 to done. For FCU assembly P/Ns in Groups 1, 3, or paragraph (e) of this AD, into the Emergency 5 listed in Table 1 to paragraph (c) of this AD: Procedures Section of the applicable (1) Inspection of Engines With FCU (i) If on the effective date of this AD the Airplane Flight Manual (AFM), Pilot Assembly P/Ns in Groups 2 or 4 FCU assembly has 900 or more HIS SLI, Operating Handbook (POH), or the For FCU assembly P/Ns in Groups 2 or 4 inspect the fuel control drive for wear within Manufacturer’s Operating Manual (MOM). listed in Table 1 to paragraph (c) of this AD: 100 HIS after the effective date of this AD.

(f) Optional Terminating Action initial and repetitive inspections required by (g) Definitions Replacing the affected FCU assembly with this AD, and for inserting the information in For the purposes of this AD: an FAA-approved FCU assembly not listed in Figure 1 to paragraph (e) of this AD into the this AD by P/N is terminating action for the AFM, POH, and MOM.

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(1) The ‘‘fuel control drive’’ is a series of ACTION: Notice of proposed rulemaking Management Facility between 9 a.m. mating splines located between the fuel (NPRM). and 5 p.m., Monday through Friday, pump and fuel control governor. except Federal holidays. The AD docket (2) The fuel control drive consists of four SUMMARY: We propose to adopt a new contains this proposed AD, the drive splines: The fuel pump internal spline, airworthiness directive (AD) for all The the fuel control external ‘‘quill shaft’’ spline, regulatory evaluation, any comments Boeing Company Model 737–600, –700, received, and other information. The and the stub shaft internal and external –700C, –800, –900, and 900ER series splines. street address for the Docket Office airplanes. This proposed AD was (phone: 800–647–5527) is in the (h) Alternative Methods of Compliance prompted by an evaluation by the ADDRESSES section. Comments will be (AMOCs) design approval holder (DAH) available in the AD docket shortly after The Manager, Los Angeles Aircraft indicating that the S–14L and S–14R lap receipt. Certification Office, FAA, may approve splices are subject to widespread fatigue FOR FURTHER INFORMATION CONTACT: AMOCs for this AD. Use the procedures damage (WFD). This proposed AD Jason Deutschman, Aerospace Engineer, found in 14 CFR 39.19 to make your request. would require repetitive low frequency Airframe Branch, ANM–120S, FAA, eddy current inspections for cracking in (i) Related Information Seattle Aircraft Certification Office the lower fastener row of the S–14L and (1) For more information about this AD, (ACO), 1601 Lind Avenue SW., Renton, S–14R lap splices and repair if contact Joseph Costa, Aerospace Engineer, WA 98057–3356; phone: 425–917–6595; necessary. We are proposing this AD to Los Angeles Aircraft Certification Office, fax: 425–917–6590; email: FAA, Transport Airplane Directorate, 3960 detect and correct widespread cracking [email protected]. Paramount Blvd., Lakewood, CA 90712– in the S–14L and S–14R lap splices that 4137; phone: 562–627–5246; fax: 562–627– could rapidly link up and result in SUPPLEMENTARY INFORMATION: 5210; email: [email protected]. possible rapid decompression and Comments Invited (2) Information pertaining to operating reduced structural integrity of the recommendations for affected engines after a airplane. We invite you to send any written fuel control drive failure is contained in relevant data, views, or arguments about Honeywell Operating Information Letter DATES: We must receive comments on this proposal. Send your comments to (OIL) OI331–12R6, dated May 26, 2009, for this proposed AD by May 13, 2016. an address listed under the ADDRESSES multi-engine airplanes; and OIL OI331–18R4, ADDRESSES: dated May 26, 2009, for single-engine You may send comments, section. Include ‘‘Docket No. FAA– airplanes. Information on fuel control drive using the procedures found in 14 CFR 2016–5034; Directorate Identifier 2015– inspection can be found in Section 72–00–00 11.43 and 11.45, by any of the following NM–172–AD’’ at the beginning of your of the applicable TPE331 maintenance methods: comments. We specifically invite manuals. These Honeywell OILs and the • Federal eRulemaking Portal: Go to comments on the overall regulatory, TPE331 maintenance manuals can be http://www.regulations.gov. Follow the economic, environmental, and energy obtained from Honeywell using the contact instructions for submitting comments. aspects of this proposed AD. We will information in paragraph (i)(3) of this • Fax: 202–493–2251. consider all comments received by the proposed AD. • Mail: U.S. Department of closing date and may amend this (3) For service information identified in this AD, contact Honeywell International Transportation, Docket Operations, M– proposed AD because of those Inc., 111 S. 34th Street, Phoenix, AZ 85034– 30, West Building Ground Floor, Room comments. 2802; phone: 800–601–3099; Internet: W12–140, 1200 New Jersey Avenue SE., We will post all comments we https://myaerospace.honeywell.com/wps/ Washington, DC 20590. receive, without change, to http:// portal. • Hand Delivery: Deliver to Mail www.regulations.gov, including any (4) You may view this service information address above between 9 a.m. and 5 personal information you provide. We at the FAA, Engine & Propeller Directorate, p.m., Monday through Friday, except will also post a report summarizing each 1200 District Avenue, Burlington, MA. For Federal holidays. substantive verbal contact we receive information on the availability of this For service information identified in about this proposed AD. material at the FAA, call 781–238–7125. this NPRM, contact Boeing Commercial Discussion Issued in Burlington, Massachusetts, on Airplanes, Attention: Data & Services March 15, 2016. Management, P.O. Box 3707, MC 2H–65, Structural fatigue damage is Ann C. Mollica, Seattle, WA 98124–2207; telephone progressive. It begins as minute cracks, Acting Manager, Engine and Propeller 206–544–5000, extension 1; fax 206– and those cracks grow under the action Directorate, Aircraft Certification Service. 766–5680; Internet https:// of repeated stresses. This can happen [FR Doc. 2016–06936 Filed 3–28–16; 8:45 am] www.myboeingfleet.com. You may view because of normal operational BILLING CODE 4910–13–P this referenced service information at conditions and design attributes, or the FAA, Transport Airplane because of isolated situations or Directorate, 1601 Lind Avenue SW., incidents such as material defects, poor DEPARTMENT OF TRANSPORTATION Renton, WA. For information on the fabrication quality, or corrosion pits, availability of this material at the FAA, dings, or scratches. Fatigue damage can Federal Aviation Administration call 425–227–1221. It is also available occur locally, in small areas or on the Internet at http:// structural design details, or globally. 14 CFR Part 39 www.regulations.gov by searching for Global fatigue damage is general [Docket No. FAA–2016–5034; Directorate and locating Docket No. FAA–2016– degradation of large areas of structure Identifier 2015–NM–172–AD] 5034. with similar structural details and stress levels. Multiple-site damage is global RIN 2120–AA64 Examining the AD Docket damage that occurs in a large structural Airworthiness Directives; The Boeing You may examine the AD docket on element such as a single rivet line of a Company Airplanes the Internet at http:// lap splice joining two large skin panels. www.regulations.gov by searching for Global damage can also occur in AGENCY: Federal Aviation and locating Docket No. FAA–2016– multiple elements such as adjacent Administration (FAA), DOT. 5034; or in person at the Docket frames or stringers. Multiple-site-

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damage and multiple-element-damage In the context of WFD, this action is described previously is likely to exist or cracks are typically too small initially to necessary to enable DAHs to propose develop in other products of these same be reliably detected with normal LOVs that allow operators the longest type designs. inspection methods. Without operational lives for their airplanes, and Proposed AD Requirements intervention, these cracks will grow, still ensure that WFD will not occur. and eventually compromise the This approach allows for an This proposed AD would require structural integrity of the airplane, in a implementation strategy that provides accomplishing the actions specified in condition known as WFD. As an flexibility to DAHs in determining the the service information described airplane ages, WFD will likely occur, timing of service information previously, except as discussed under and will certainly occur if the airplane development (with FAA approval), ‘‘Differences Between this Proposed AD is operated long enough without any while providing operators with certainty and the Service Information.’’ For intervention. regarding the LOV applicable to their information on the procedures and The FAA’s WFD final rule (75 FR airplanes. compliance times, see this service 69746, November 15, 2010) became We received reports that the existing information at http:// effective on January 14, 2011. The WFD inspection program is not sufficient to www.regulations.gov by searching for rule requires certain actions to prevent preclude the occurrence of WFD in the and locating Docket No. FAA–2016– structural failure due to WFD S–14L and S–14R lap splices. This 5034. throughout the operational life of condition, if not corrected, could result Differences Between This Proposed AD certain existing transport category in widespread cracking that could and the Service Information airplanes and all of these airplanes that rapidly link up and result in possible will be certificated in the future. For rapid decompression and reduced Boeing Alert Service Bulletin 737– existing and future airplanes subject to structural integrity of the airplane. 53A1352, dated October 2, 2015, the WFD rule, the rule requires that specifies to contact the manufacturer for DAHs establish a limit of validity (LOV) Relevant Service Information Under 1 instructions on how to repair certain of the engineering data that support the CFR Part 51 conditions, but this proposed AD would structural maintenance program. We reviewed Boeing Alert Service require repairing those conditions in Operators affected by the WFD rule may Bulletin 737–53A1352, dated October 2, one of the following ways: not fly an airplane beyond its LOV, 2015. The service information describes • In accordance with a method that unless an extended LOV is approved. procedures for low frequency eddy we approve; or The WFD rule (75 FR 69746, current inspections for cracking in the • Using data that meet the November 15, 2010) does not require lower fastener row of the S–14L and S– certification basis of the airplane, and identifying and developing maintenance 14R lap splices and repair. This service that have been approved by the Boeing actions if the DAHs can show that such information is reasonably available Commercial Airplanes Organization actions are not necessary to prevent because the interested parties have Designation Authorization (ODA) whom WFD before the airplane reaches the access to it through their normal course we have authorized to make those LOV. Many LOVs, however, do depend of business or by the means identified findings. on accomplishment of future in the ADDRESSES section. maintenance actions. As stated in the Costs of Compliance WFD rule, any maintenance actions FAA’s Determination We estimate that this proposed AD necessary to reach the LOV will be We are proposing this AD because we affects 1,513 airplanes of U.S. registry. mandated by airworthiness directives evaluated all the relevant information We estimate the following costs to through separate rulemaking actions. and determined the unsafe condition comply with this proposed AD:

ESTIMATED COSTS

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

Inspection for Group 1 air- 84 work-hours × $85 per hour $0 $7,140 per inspection cycle ... $10,502,940 per inspection planes (1,471 airplanes). = $7,140 per inspection cycle. cycle. Inspection for Group 2 air- 65 work-hours × $85 per hour $0 $5,525 per inspection cycle ... $232,050 per inspection planes (42 airplanes). = $5,525 per inspection cycle. cycle.

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

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For the reasons discussed above, I (g) Repetitive Inspections Renton, WA 98057–3356; phone: 425–917– certify this proposed regulation: At the applicable compliance time 6595; fax: 425–917–6590; email: (1) Is not a ‘‘significant regulatory specified in paragraph 1.E., ‘‘Compliance,’’ of [email protected]. action’’ under Executive Order 12866, Boeing Alert Service Bulletin 737–53A1352, (2) For service information identified in (2) Is not a ‘‘significant rule’’ under dated October 2, 2015, do a low frequency this AD, contact Boeing Commercial the DOT Regulatory Policies and eddy current inspection for cracking of the Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Procedures (44 FR 11034, February 26, lower fastener row of S–14L and S–14R lap splices, in accordance with the Seattle, WA 98124–2207; telephone 206– 1979), 544–5000, extension 1; fax 206–766–5680; (3) Will not affect intrastate aviation Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1352, dated October Internet https://www.myboeingfleet.com. You in Alaska, and 2, 2015. Repeat the inspection thereafter at may view this referenced service information (4) Will not have a significant the applicable times specified in paragraph at the FAA, Transport Airplane Directorate, economic impact, positive or negative, 1.E., ‘‘Compliance,’’ of Boeing Alert Service 1601 Lind Avenue SW., Renton, WA. For on a substantial number of small entities Bulletin 737–53A1352, dated October 2, information on the availability of this under the criteria of the Regulatory 2015. If any cracking is found, before further material at the FAA, call 425–227–1221. Flexibility Act. flight, repair using a method approved in Issued in Renton Washington, on March accordance with the procedures specified in 20, 2016. List of Subjects in 14 CFR Part 39 paragraph (h) of this AD. Michael Kaszycki, Air transportation, Aircraft, Aviation (h) Alternative Methods of Compliance Acting Manager, Transport Airplane safety, Incorporation by reference, (AMOCs) Directorate, Aircraft Certification Service. Safety. (1) The Manager, Seattle Aircraft [FR Doc. 2016–07023 Filed 3–28–16; 8:45 am] The Proposed Amendment Certification Office (ACO), FAA, has the BILLING CODE 4910–13–P authority to approve AMOCs for this AD, if Accordingly, under the authority requested using the procedures found in 14 delegated to me by the Administrator, CFR 39.19. In accordance with 14 CFR 39.19, DEPARTMENT OF TRANSPORTATION the FAA proposes to amend 14 CFR part send your request to your principal inspector 39 as follows: or local Flight Standards District Office, as Federal Aviation Administration appropriate. If sending information directly PART 39—AIRWORTHINESS to the manager of the ACO, send it to the DIRECTIVES attention of the person identified in 14 CFR Part 39 paragraph (i)(1) of this AD. Information may [Docket No. FAA–2016–5035; Directorate ■ 1. The authority citation for part 39 be emailed to: 9-ANM-Seattle-ACO-AMOC- Identifier 2015–NM–042–AD] continues to read as follows: [email protected]. (2) Before using any approved AMOC, RIN 2120–AA64 Authority: 49 U.S.C. 106(g), 40113, 44701. notify your appropriate principal inspector, § 39.13 [Amended] or lacking a principal inspector, the manager Airworthiness Directives; Fokker ■ of the local flight standards district office/ Services B.V. Airplanes 2. The FAA amends § 39.13 by adding certificate holding district office. the following new airworthiness (3) An AMOC that provides an acceptable AGENCY: Federal Aviation directive (AD): level of safety may be used for any repair, Administration (FAA), DOT. The Boeing Company: Docket No. FAA– modification, or alteration required by this ACTION: Notice of proposed rulemaking AD if it is approved by the Boeing 2016–5034; Directorate Identifier 2015– (NPRM). NM–172–AD. Commercial Airplanes Organization Designation Authorization (ODA) that has SUMMARY: We propose to adopt a new (a) Comments Due Date been authorized by the Manager, Seattle We must receive comments by May 13, ACO, to make those findings. To be airworthiness directive (AD) for all 2016. approved, the repair method, modification Fokker Services B.V. Model F.28 Mark deviation, or alteration deviation must meet 0070 and Mark 0100 airplanes. This (b) Affected ADs the certification basis of the airplane, and the proposed AD was prompted by reports None. approval must specifically refer to this AD. of cracking in a certain area of the (c) Applicability (4) For service information that contains pressure bulkhead webplate and skin steps that are labeled as Required for connection angle. This proposed AD This AD applies to all The Boeing Compliance (RC), the provisions of Company Model 737–600, –700, –700C, would require a one-time inspection of paragraphs (h)(4)(i) and (h)(4)(ii) of this AD the affected pressure bulkhead webplate –800, –900, and –900ER series airplanes, apply. certificated in any category. (i) The steps labeled as RC, including and skin connection angle, and (d) Subject substeps under an RC step and any figures corrective actions if necessary. We are identified in an RC step, must be done to proposing this AD to detect and correct Air Transport Association (ATA) of cracking of the pressure bulkhead America Code 53, Fuselage. comply with the AD. An AMOC is required for any deviations to RC steps, including webplate and skin connection angle that (e) Unsafe Condition substeps and identified figures. could lead to sudden inflight This AD was prompted by an evaluation by (ii) Steps not labeled as RC may be decompression of the airplane resulting the design approval holder (DAH) indicating deviated from using accepted methods in in injury to occupants. that the S–14L and S–14R lap splices are accordance with the operator’s maintenance DATES: We must receive comments on subject to widespread fatigue damage (WFD). or inspection program without obtaining We are issuing this AD to detect and correct approval of an AMOC, provided the RC steps, this proposed AD by May 13, 2016. widespread cracking in the S–14L and S–14R including substeps and identified figures, can ADDRESSES: You may send comments, lap splices that could rapidly link up and still be done as specified, and the airplane using the procedures found in 14 CFR result in possible rapid decompression and can be put back in an airworthy condition. 11.43 and 11.45, by any of the following reduced structural integrity of the airplane. (i) Related Information methods: • (f) Compliance (1) For more information about this AD, Federal eRulemaking Portal: Go to Comply with this AD within the contact Jason Deutschman, Aerospace http://www.regulations.gov. Follow the compliance times specified, unless already Engineer, Airframe Branch, ANM–120S, instructions for submitting comments. done. FAA, Seattle ACO, 1601 Lind Avenue SW., • Fax: 202–493–2251.

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• Mail: U.S. Department of We will post all comments we service information describes Transportation, Docket Operations, M– receive, without change, to http:// procedures for inspection of the affected 30, West Building Ground Floor, Room www.regulations.gov, including any pressure bulkhead webplate and skin W12–140, 1200 New Jersey Avenue SE., personal information you provide. We connection angle, and corrective actions Washington, DC 20590. will also post a report summarizing each if necessary. This service information is • Hand Delivery: U.S. Department of substantive verbal contact we receive reasonably available because the Transportation, Docket Operations, M– about this proposed AD. interested parties have access to it 30, West Building Ground Floor, Room through their normal course of business Discussion W12–140, 1200 New Jersey Avenue SE., or by the means identified in the Washington, DC, between 9 a.m. and 5 The European Aviation Safety Agency ADDRESSES section. p.m., Monday through Friday, except (EASA), which is the Technical Agent FAA’s Determination and Requirements Federal holidays. for the Member States of the European of This Proposed AD For service information identified in Union, has issued EASA Airworthiness this proposed AD, contact Fokker Directive 2015–0024, dated February 19, This product has been approved by Services B.V., Technical Services Dept., 2015 (referred to after this as the the aviation authority of another P.O. Box 1357, 2130 EL Hoofddorp, the Mandatory Continuing Airworthiness country, and is approved for operation Netherlands; telephone +31 (0)88–6280– Information, or ‘‘the MCAI’’), to correct in the United States. Pursuant to our 350; fax +31 (0)88–6280–111; email an unsafe condition for all Fokker bilateral agreement with the State of [email protected]; Internet Services B.V. Model F.28 Mark 0070 Design Authority, we have been notified http://www.myfokkerfleet.com. You may and Mark 0100 series airplanes. The of the unsafe condition described in the view this referenced service information MCAI states: MCAI and service information at the FAA, Transport Airplane Service experience with the Fokker 100 referenced above. We are proposing this Directorate, 1601 Lind Avenue SW., type design has shown that cracking can AD because we evaluated all pertinent Renton, WA. For information on the occur in the pressure bulkhead webplate and information and determined an unsafe availability of this material at the FAA, skin connection angle on the right hand (RH) condition exists and is likely to exist or call 425–227–1221. side at station 14911 (station 12447 for F28 develop on other products of the same Mark 0070) at stringer 67 of fuselage section type design. Examining the AD Docket 2, before reaching the existing threshold for inspection per ALS [Airworthiness Differences Between This Proposed AD You may examine the AD docket on Limitations Section] task 533016–00–03 (F28 and the MCAI and Service Information the Internet at http:// Mark 0100) or task 533016–01–03 (F28 Mark www.regulations.gov by searching for 0070). Any cracks in this area are not visible Although the MCAI and service and locating Docket No. FAA–2016– from the outside (covered by fairing) until information allow further flight after 5035; or in person at the Docket they reach a critical length. cracks are found during compliance Management Facility between 9 a.m. This condition, if not detected and with the proposed actions, paragraph and 5 p.m., Monday through Friday, corrected, could lead to sudden in-flight (g)(2) of this proposed AD requires that except Federal holidays. The AD docket decompression of the aeroplane, possibly you repair the crack before further resulting in injury to occupants. flight. contains this proposed AD, the To address this potential unsafe condition, regulatory evaluation, any comments Fokker Services published Service Bulletin Costs of Compliance received, and other information. The (SB) SBF100–53–128, which provides We estimate that this proposed AD street address for the Docket Operations inspection instructions to detect any crack in office (telephone 800–647–5527) is in the affected area. affects 8 airplanes of U.S. registry. We also estimate that it would take the ADDRESSES section. Comments will For the reasons described above, this about 1 work-hour per product to be available in the AD docket shortly [EASA] AD requires a one-time inspection of comply with the basic requirements of after receipt. the affected pressure bulkhead webplate and skin connection angle, and, depending on this proposed AD, and 1 work-hour per FOR FURTHER INFORMATION CONTACT: Tom findings, accomplishment of applicable product for reporting. The average labor Rodriguez, Aerospace Engineer, corrective action(s). rate is $85 per work-hour. Required International Branch, ANM–116, This AD is considered to be an interim parts would cost about $0 per product. Transport Airplane Directorate, FAA, action and further AD action may follow, Based on these figures, we estimate the possibly to lower the current ALS task 1601 Lind Avenue SW., Renton, WA cost of this proposed AD on U.S. 98057–3356; telephone 425–227–1137; threshold, if justified by the inspection results. operators to be $1,360, or $170 per fax 425–227–1139. product. SUPPLEMENTARY INFORMATION: Corrective actions include repair of In addition, we estimate that any Comments Invited cracking in the skin connection angle necessary follow-on actions would take and pressure bulkhead webplate, as about 46 work-hours and require parts We invite you to send any written applicable. costing $2,000, for a cost of $5,910 per relevant data, views, or arguments about You may examine the MCAI in the product. We have no way of this proposed AD. Send your comments AD docket on the Internet at http:// determining the number of aircraft that to an address listed under the www.regulations.gov by searching for might need these actions. ADDRESSES section. Include ‘‘Docket No. and locating Docket No. FAA–2016– Paperwork Reduction Act FAA–2016–5035; Directorate Identifier 5035. 2015–NM–042–AD’’ at the beginning of A federal agency may not conduct or your comments. We specifically invite Related Service Information Under 1 sponsor, and a person is not required to comments on the overall regulatory, CFR Part 51 respond to, nor shall a person be subject economic, environmental, and energy Fokker Services B.V. has issued to penalty for failure to comply with a aspects of this proposed AD. We will Fokker Service Bulletin SBF100–53– collection of information subject to the consider all comments received by the 128, dated November 12, 2014; and requirements of the Paperwork closing date and may amend this Fokker Service Bulletin SBF100–53– Reduction Act unless that collection of proposed AD based on those comments. 129, dated February 16, 2015. The information displays a current valid

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OMB control number. The control List of Subjects in 14 CFR Part 39 action for airplanes which, as of the effective date of this AD, have accumulated less than number for the collection of information Air transportation, Aircraft, Aviation required by this proposed AD is 2120– 30,000 flight cycles. safety, Incorporation by reference, (1) If any crack is found in the skin 0056. The paperwork cost associated Safety. connection angle, before further flight, repair with this proposed AD has been the skin connection angle, in accordance detailed in the Costs of Compliance The Proposed Amendment with the Accomplishment Instructions of section of this document and includes Accordingly, under the authority Fokker Service Bulletin SBF100–53–129, time for reviewing instructions, as well delegated to me by the Administrator, dated February 16, 2015. as completing and reviewing the the FAA proposes to amend 14 CFR part (2) If any crack is found in the pressure collection of information. Therefore, all 39 as follows: bulkhead webplate, before further flight, reporting associated with this proposed repair the pressure bulkhead webplate, in PART 39—AIRWORTHINESS accordance with the Accomplishment AD is mandatory. Comments concerning Instructions of Fokker Service Bulletin the accuracy of this burden and DIRECTIVES SBF100–53–129, dated February 16, 2015. suggestions for reducing the burden ■ should be directed to the FAA at 800 1. The authority citation for part 39 (h) Compliance Times Independence Ave. SW., Washington, continues to read as follows: At the applicable time specified in (h)(1) or DC 20591, ATTN: Information Authority: 49 U.S.C. 106(g), 40113, 44701. (h)(2) of this AD, do the actions required by Collection Clearance Officer, AES–200. paragraph (g) of this AD. § 39.13 [Amended] (1) For airplanes that have accumulated Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding less than 40,000 total flight cycles as of the the following new airworthiness effective date of this AD, do the actions in Title 49 of the United States Code paragraph (g) within 2,000 flight cycles after specifies the FAA’s authority to issue directive (AD): the effective date of this AD. rules on aviation safety. Subtitle I, Fokker Services B.V.: Docket No. FAA– (2) For airplanes that have accumulated section 106, describes the authority of 2016–5035; Directorate Identifier 2015– 40,000 or more total flight cycles as of the the FAA Administrator. ‘‘Subtitle VII: NM–042–AD. effective date of this AD, do the actions in paragraph (g) within 750 flight cycles after Aviation Programs,’’ describes in more (a) Comments Due Date detail the scope of the Agency’s the effective date of this AD. authority. We must receive comments by May 13, 2016. (i) Reporting We are issuing this rulemaking under Submit a report of the findings (both the authority described in ‘‘Subtitle VII, (b) Affected ADs positive and negative) of the inspection Part A, Subpart III, Section 44701: None. required by paragraph (g) of this AD to General requirements.’’ Under that Fokker Services B.V. Engineering, Quality section, Congress charges the FAA with (c) Applicability Department P.O. Box 1357, 2130 EL promoting safe flight of civil aircraft in This AD applies to Fokker Services B.V. Hoofddorp, the Netherlands; telephone +31 air commerce by prescribing regulations Model F.28 Mark 0070 and F.28 Mark 0100 (0)88–6280–350; fax +31 (0)88–6280–111; for practices, methods, and procedures airplanes, all serial numbers, certificated in email [email protected]; Internet any category. http://www.myfokkerfleet.com in accordance the Administrator finds necessary for with the Accomplishment Instructions of (d) Subject safety in air commerce. This regulation Fokker Service Bulletin SBF100–53–128, is within the scope of that authority Air Transport Association (ATA) of dated November 12, 2014, at the applicable because it addresses an unsafe condition America Code 53, Fuselage. time specified in paragraph (i)(1) or (i)(2) of this AD. The report must include the that is likely to exist or develop on (e) Reason products identified in this rulemaking inspection results; the airplane serial action. This AD was prompted by reports of number; the total number of flight cycles and cracking in the pressure bulkhead webplate flight hours on the airplane; a sketch or photo Regulatory Findings and skin connection angle on the right-hand to show the location of the crack(s) and (RH) side at station 14911 (for Model F.28 We determined that this proposed AD damaged part(s), if applicable; and the length Mark 0100 airplanes) or station 12447 (for of each crack, if applicable. would not have federalism implications Model F.28 Mark 0070 airplanes) at stringer (1) If the inspection was done on or after under Executive Order 13132. This 67 of fuselage section 2. We are issuing this the effective date of this AD: Submit the proposed AD would not have a AD to detect and correct cracking of the report within 30 days after the inspection. substantial direct effect on the States, on pressure bulkhead webplate and skin (2) If the inspection was done before the the relationship between the national connection angle that could lead to sudden effective date of this AD: Submit the report Government and the States, or on the inflight decompression of the airplane within 30 days after the effective date of this distribution of power and resulting in injury to occupants. AD. responsibilities among the various (f) Compliance (j) Other FAA AD Provisions levels of government. Comply with this AD within the The following provisions also apply to this For the reasons discussed above, I compliance times specified, unless already AD: certify this proposed regulation: done. (1) Alternative Methods of Compliance 1. Is not a ‘‘significant regulatory (AMOCs): The Manager, International action’’ under Executive Order 12866; (g) Inspection Branch, ANM–116, Transport Airplane 2. Is not a ‘‘significant rule’’ under the At the time specified in paragraph (h) of Directorate, FAA, has the authority to DOT Regulatory Policies and Procedures this AD: Do a detailed inspection of the approve AMOCs for this AD, if requested (44 FR 11034, February 26, 1979); pressure bulkhead webplate and skin using the procedures found in 14 CFR 39.19. 3. Will not affect intrastate aviation in connection angle on the RH side at station In accordance with 14 CFR 39.19, send your Alaska; and 14911 (for Model F28 Mark 0100 airplanes) request to your principal inspector or local or station 12447 (for Model F28 Mark 0070 Flight Standards District Office, as 4. Will not have a significant airplanes) at stringer 67 of fuselage section 2, appropriate. If sending information directly economic impact, positive or negative, as applicable, in accordance with the to the International Branch, send it to ATTN: on a substantial number of small entities Accomplishment Instructions of Fokker Tom Rodriguez, Aerospace Engineer, under the criteria of the Regulatory Service Bulletin SBF100–53–128, dated International Branch, ANM–116, Transport Flexibility Act. November 12, 2014. This AD does not require Airplane Directorate, FAA, 1601 Lind

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Avenue SW., Renton, WA 98057–3356; DEPARTMENT OF TRANSPORTATION you can contact the Airspace Policy telephone 425–227–1137; fax 425–227–1149. Group, Federal Aviation Information may be emailed to: 9-ANM-116- Federal Aviation Administration Administration, 800 Independence [email protected]. Before using Avenue SW., Washington, DC 20591; any approved AMOC, notify your appropriate 14 CFR Part 71 principal inspector, or lacking a principal telephone: 202–267–8783. The Order is inspector, the manager of the local flight [Docket No. FAA–2016–4234; Airspace also available for inspection at the standards district office/certificate holding Docket No. 16–ACE–3] National Archives and Records district office. The AMOC approval letter Administration (NARA). For must specifically reference this AD. Proposed Amendment of Class E information on the availability of FAA (2) Contacting the Manufacturer: For any Airspace for the Following Kansas Order 7400.9Z at NARA, call 202–741– requirement in this AD to obtain corrective Towns; Belleville, KS; Johnson, KS; 6030, or go to http://www.archives.gov/ actions from a manufacturer, the action must Marysville, KS; Pittsburg, KS; and federal_register/code_of_federal- be accomplished using a method approved Washington, KS _ by the Manager, International Branch, ANM– regulations/ibr locations.html. FAA Order 7400.9, Airspace 116, Transport Airplane Directorate, FAA; or AGENCY: Federal Aviation the European Aviation Safety Agency Administration (FAA), DOT. Designations and Reporting Points, is (EASA); or Fokker B.V. Service’s EASA published yearly and effective on ACTION: Design Organization Approval (DOA). If Notice of proposed rulemaking September 15. (NPRM). approved by the DOA, the approval must FOR FURTHER INFORMATION CONTACT: include the DOA-authorized signature. SUMMARY: (3) Reporting Requirements: A federal This action proposes to Jeffrey Claypool, Federal Aviation agency may not conduct or sponsor, and a modify Class E airspace extending Administration, Operations Support person is not required to respond to, nor upward from 700 feet above the surface Group, Central Service Center, 10101 shall a person be subject to a penalty for at Belleville Municipal Airport, Hillwood Parkway, Fort Worth, TX failure to comply with a collection of Belleville, KS; Stanton County 76177; telephone (817) 222–5711. information subject to the requirements of Municipal, Johnson, KS; Marysville SUPPLEMENTARY INFORMATION: the Paperwork Reduction Act unless that Municipal Airport, Marysville, KS; collection of information displays a current Atkinson Municipal Airport, Atkinson, Authority for This Rulemaking valid OMB Control Number. The OMB KS; and Washington County Memorial Control Number for this information The FAA’s authority to issue rules collection is 2120–0056. Public reporting for Airport, Washington, KS. regarding aviation safety is found in this collection of information is estimated to Decommissioning of non-directional Title 49 of the United States Code. be approximately 5 minutes per response, radio beacon (NDB), cancellation of Subtitle I, Section 106 describes the including the time for reviewing instructions, NDB approaches, and implementation authority of the FAA Administrator. completing and reviewing the collection of of area navigation (RNAV) procedures Subtitle VII, Aviation Programs, information. All responses to this collection have made this action necessary for the describes in more detail the scope of the of information are mandatory. Comments safe management of Instrument Flight concerning the accuracy of this burden and agency’s authority. This rulemaking is Rules (IFR) operations at the above promulgated under the authority suggestions for reducing the burden should airports. This action also updates the be directed to the FAA at: 800 Independence described in Subtitle VII, Part, A, Ave. SW., Washington, DC 20591, Attn: geographic coordinates at Marysville Subpart I, Section 40103. Under that Information Collection Clearance Officer, Municipal Airport and Atkinson section, the FAA is charged with AES–200. Municipal Airport to coincide with the prescribing regulations to assign the use FAA’s aeronautical database. (k) Related Information of airspace necessary to ensure the DATES: Comments must be received on safety of aircraft and the efficient use of (1) Refer to Mandatory Continuing or before May 13, 2016. Airworthiness Information (MCAI) European airspace. This regulation is within the Aviation Safety Agency (EASA) ADDRESSES: Send comments on this scope of that authority as it would Airworthiness Directive 2015–0024, dated proposal to the U.S. Department of amend Class E airspace at Belleville February 19, 2015, for related information. Transportation, Docket Operations, M– Municipal Airport, Belleville, KS; This MCAI may be found in the AD docket 30, West Building Ground Floor, Room Stanton County Municipal, Johnson, KS; on the Internet at http://www.regulations.gov W12–140, 1200 New Jersey Avenue SE., Marysville Municipal Airport, by searching for and locating Docket No. Washington, DC 20590; telephone (202) Marysville, KS; Atkinson Municipal FAA–2016–5035. 366–9826. You must identify FAA Airport, Atkinson, KS; and Washington (2) For service information identified in Docket No. FAA–2016–4234; Airspace County Memorial Airport, Washington, this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, Docket No. 16–ACE–3, at the beginning KS. of your comments. You may also submit 2130 EL Hoofddorp, the Netherlands; Comments Invited telephone +31 (0)88–6280–350; fax +31 comments through the Internet at (0)88–6280–111; email technicalservices@ http://www.regulations.gov. You may Interested parties are invited to fokker.com; Internet http:// review the public docket containing the participate in this proposed rulemaking www.myfokkerfleet.com. You may view this proposal, any comments received, and by submitting such written data, views, service information at the FAA, Transport any final disposition in person in the or arguments, as they may desire. Airplane Directorate, 1601 Lind Avenue SW., Dockets Office between 9:00 a.m. and Comments that provide the factual basis Renton, WA. For information on the 5:00 p.m., Monday through Friday, supporting the views and suggestions availability of this material at the FAA, call presented are particularly helpful in 425–227–1221. except Federal holidays. The Docket Office (telephone 1–800–647–5527), is developing reasoned regulatory Issued in Renton, Washington, on March on the ground floor of the building at decisions on the proposal. Comments 20, 2016. the above address. are specifically invited on the overall Michael Kaszycki, FAA Order 7400.9Z, Airspace regulatory, aeronautical, economic, Acting Manager Transport Airplane Designations and Reporting Points, and environmental, and energy-related Directorate, Aircraft Certification Service. subsequent amendments can be viewed aspects of the proposal. [FR Doc. 2016–07022 Filed 3–28–16; 8:45 am] online at http://www.faa.gov/air_traffic/ Communications should identify both BILLING CODE 4910–13–P publications/. For further information, docket numbers and be submitted in

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triplicate to the address listed above. County Memorial Airport, Washington, PART 71—DESIGNATION OF CLASS A, Commenters wishing the FAA to KS. Airspace reconfiguration is B, C, D, AND E AIRSPACE AREAS; AIR acknowledge receipt of their comments necessary due to the decommissioning TRAFFIC SERVICE ROUTES; AND on this notice must submit with those of non-directional radio beacons (NDB), REPORTING POINTS comments a self-addressed, stamped cancellation of NDB approaches, and postcard on which the following implementation of area navigation ■ 1. The authority citation for 14 CFR statement is made: ‘‘Comments to (RNAV) procedures at the above part 71 continues to read as follows: Docket No. FAA–2016–4234/Airspace airports. Controlled airspace is Docket No. 16–ACE–3.’’ The postcard necessary for the safety and Authority: 49 U.S.C. 106(f), 106(g); 40103, will be date/time stamped and returned management of the standard instrument 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, to the commenter. approach procedures for IFR operations 1959–1963 Comp., p. 389. Availability of NPRMs at the airports. The geographic § 71.1 [Amended] coordinates for Atkinson Municipal An electronic copy of this document Airport would be updated to be in ■ 2. The incorporation by reference in may be downloaded through the concert with the FAA aeronautical 14 CFR 71.1 of FAA Order 7400.9Z, Internet at http://www.regulations.gov. database. Airspace Designations and Reporting Recently published rulemaking Class E airspace designations are Points, dated August 6, 2015, and documents can also be accessed through published in paragraph 6005 of FAA effective September 15, 2015, is the FAA’s Web page at http://www.faa. _ _ Order 7400.9Z, dated August 6, 2015, amended as follows: gov/airports airtraffic/air traffic/ and effective September 15, 2015, which _ Paragraph 6005: Class E Airspace Areas publications/airspace amendments/. is incorporated by reference in 14 CFR You may review the public docket Extending Upward From 700 Feet or More 71.1. The Class E airspace designations Above the Surface of the Earth. containing the proposal, any comments listed in this document will be received, and any final disposition in published subsequently in the Order. * * * * * person in the Dockets Office (see the ACE KS E5 Belleville, KS [Amended] ADDRESSES section for the address and Regulatory Notices and Analyses phone number) between 9:00 a.m. and Belleville Municipal Airport, KS The FAA has determined that this 5:00 p.m., Monday through Friday, (Lat. 39°49′04″ N., long. 97°39′35″ W.) regulation only involves an established except federal holidays. An informal That airspace extending upward from 700 body of technical regulations for which docket may also be examined during feet above the surface within a 6.4-mile frequent and routine amendments are normal business hours at the Federal radius of Belleville Municipal Airport. necessary to keep them operationally Aviation Administration, Air Traffic current, is non-controversial and ACE KS E5 Johnson, KS [Amended] Organization, Central Service Center, unlikely to result in adverse or negative Operations Support Group, 10101 Stanton County Municipal Airport, KS comments. It, therefore: (1) Is not a ° ′ ″ ° ′ ″ Hillwood Parkway, Fort Worth, TX (Lat. 37 35 07 N., long. 101 43 56 W.) ‘‘significant regulatory action’’ under 76177. That airspace extending upward from 700 Executive Order 12866; (2) is not a Persons interested in being placed on feet above the surface within a 6.6-mile ‘‘significant rule’’ under DOT a mailing list for future NPRMs should radius of Stanton County Municipal Airport. Regulatory Policies and Procedures (44 contact the FAA’s Office of Rulemaking, FR 11034; February 26, 1979); and (3) ACE KS E5 Marysville, KS [Amended] (202) 267–9677, for a copy of Advisory does not warrant preparation of a Circular No. 11–2A, Notice of Proposed Marysville Municipal Airport, IA regulatory evaluation as the anticipated ° ′ ″ ° ′ ″ Rulemaking Distribution System, which (Lat. 39 51 23 N., long. 96 37 51 W.) impact is so minimal. Since this is a describes the application procedure. That airspace extending upward from 700 routine matter that will only affect air feet above the surface within a 6.5-mile Availability and Summary of traffic procedures and air navigation, it radius of Marysville Municipal Airport. Documents Proposed for Incorporation is certified that this rule, when by Reference promulgated, would not have a ACE KS E5 Pittsburg, KS [Amended] This document would amend FAA significant economic impact on a Pittsburg, Atkinson Municipal Airport, KS Order 7400.9Z, Airspace Designations substantial number of small entities (Lat. 37°26′58″ N., long. 94°43′52″ W.) and Reporting Points, dated August 6, under the criteria of the Regulatory That airspace extending upward from 700 2015, and effective September 15, 2015. Flexibility Act. feet above the surface within a 6.6-mile FAA Order 7400.9Z is publicly available Environmental Review radius of Atkinson Municipal Airport. as listed in the ADDRESSES section of this ACE KS E5 Washington, KS [Amended] document. FAA Order 7400.9Z lists This proposal will be subject to an environmental analysis in accordance Washington County Memorial Airport, KS Class A, B, C, D, and E airspace areas, ° ′ ″ ° ′ ″ air traffic service routes, and reporting with FAA Order 1050.1F, (Lat. 39 44 07 N., long. 97 02 51 W.) points. ‘‘Environmental Impacts: Policies and That airspace extending upward from 700 Procedures’’ prior to any FAA final feet above the surface within a 6.3-mile The Proposal regulatory action. radius of Washington County Memorial The FAA is proposing an amendment Airport. List of Subjects in 14 CFR Part 71 to Title 14 Code of Federal Regulations Issued in Fort Worth, Texas, on March 16, (14 CFR) Part 71 by modifying Class E Airspace, Incorporation by reference, 2016. airspace extending upward from 700 Navigation (air). Walter Tweedy, feet above the surface at Belleville The Proposed Amendment Municipal Airport, Belleville, KS; Acting Manager, Operations Support Group, Stanton County Municipal, Johnson, KS; Accordingly, pursuant to the Central Service Center. Marysville Municipal Airport, authority delegated to me, the Federal [FR Doc. 2016–06938 Filed 3–28–16; 8:45 am] Marysville, KS; Atkinson Municipal Aviation Administration proposes to BILLING CODE 4910–13–P Airport, Atkinson, KS; and Washington amend 14 CFR part 71 as follows:

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ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is chemicals in or on various food AGENCY not intended to be exhaustive, but rather commodities. EPA is taking public provides a guide to help readers comment on the request before 40 CFR Part 180 determine whether this document responding to the petitioner. EPA is not applies to them. Potentially affected [EPA–HQ–OPP–2016–0034; FRL–9943–67] proposing any particular action at this entities may include: time. EPA has determined that the • Crop production (NAICS code 111). Receipt of a Pesticide Petition Filed for • pesticide petition described in this Residues of Pesticide Chemicals in or Animal production (NAICS code document contains data or information on Various Commodities 112). • Food manufacturing (NAICS code prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has AGENCY: Environmental Protection 311). not fully evaluated the sufficiency of the Agency (EPA). • Pesticide manufacturing (NAICS code 32532). submitted data at this time or whether ACTION: Notice of filing of petition and the data supports granting of the request for comment. B. What should I consider as I prepare pesticide petition. After considering the my comments for EPA? SUMMARY: This document announces public comments, EPA intends to EPA’s receipt of an initial filing of a 1. Submitting CBI. Do not submit this evaluate whether and what action may pesticide petition requesting the information to EPA through be warranted. Additional data may be establishment or modification of regulations.gov or email. Clearly mark needed before EPA can make a final regulations for residues of pesticide the part or all of the information that determination on this pesticide petition. you claim to be CBI. For CBI chemicals in or on various commodities. Pursuant to 40 CFR 180.7(f), a information in a disk or CD–ROM that DATES: Comments must be received on you mail to EPA, mark the outside of the summary of the petition that is the or before April 28, 2016. disk or CD–ROM as CBI and then subject of this document, prepared by ADDRESSES: Submit your comments, identify electronically within the disk or the petitioner, is included in a docket identified by docket identification (ID) CD–ROM the specific information that EPA has created for this rulemaking. number EPA–HQ–OPP–2016–0034, by is claimed as CBI. In addition to one The docket for this petition is available one of the following methods: complete version of the comment that at http://www.regulations.gov. • Federal eRulemaking Portal: http:// includes information claimed as CBI, a As specified in FFDCA section www.regulations.gov. Follow the online copy of the comment that does not 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is instructions for submitting comments. contain the information claimed as CBI publishing notice of the petition so that Do not submit electronically any must be submitted for inclusion in the the public has an opportunity to information you consider to be public docket. Information so marked comment on this request for the Confidential Business Information (CBI) will not be disclosed except in or other information whose disclosure is establishment or modification of accordance with procedures set forth in regulations for residues of pesticides in restricted by statute. 40 CFR part 2. • or on food commodities. Further Mail: OPP Docket, Environmental 2. Tips for preparing your comments. information on the petition may be Protection Agency Docket Center (EPA/ When preparing and submitting your obtained through the petition summary DC), (28221T), 1200 Pennsylvania Ave. comments, see the commenting tips at NW., Washington, DC 20460–0001. http://www.epa.gov/dockets/ referenced in this unit. • Hand Delivery: To make special comments.html. PP 5F8418. Southern Gardens Citrus, arrangements for hand delivery or 3. Environmental justice. EPA seeks to 1820 County Road 833, Clewiston, FL delivery of boxed information, please achieve environmental justice, the fair 33440, requests to establish an follow the instructions at http:// treatment and meaningful involvement exemption from the requirement of a www.epa.gov/dockets/contacts.html. of any group, including minority and/or tolerance for residues of the microbial Additional instructions on commenting low-income populations, in the pesticides Citrus tristeza virus or visiting the docket, along with more development, implementation, and expressing spinach defensin proteins 2, information about dockets generally, is enforcement of environmental laws, 7, and 8 alone or in various available at http://www.epa.gov/ regulations, and policies. To help combinations (GE CTV-SoD) in or on dockets. address potential environmental justice citrus fruit (Citrus spp., Fortunella spp., FOR FURTHER INFORMATION CONTACT: issues, EPA seeks information on any Crop Group 10–10). The petitioner Robert McNally, Biopesticides and groups or segments of the population believes no analytical method is needed Pollution Prevention Division (7511P), who, as a result of their location, because an exemption from the cultural practices, or other factors, may Office of Pesticide Programs, requirement of a tolerance is being have atypical or disproportionately high Environmental Protection Agency, 1200 sought. Pennsylvania Ave. NW., Washington, and adverse human health impacts or DC 20460–0001; main telephone environmental effects from exposure to Authority: 21 U.S.C. 346a. number: (703) 305–7090; email address: the pesticides discussed in this Dated: March 22, 2016. document, compared to the general [email protected]. Mark A. Hartman, population. SUPPLEMENTARY INFORMATION: Acting Director, Biopesticides and Pollution I. General Information II. What action is the agency taking? Prevention Division, Office of Pesticide EPA is announcing receipt of a Programs. A. Does this action apply to me? pesticide petition filed under section [FR Doc. 2016–07084 Filed 3–28–16; 8:45 am] You may be potentially affected by 408 of the Federal Food, Drug, and BILLING CODE 6560–50–P this action if you are an agricultural Cosmetic Act (FFDCA), 21 U.S.C. 346a, producer, food manufacturer, or requesting the establishment or pesticide manufacturer. The following modification of regulations in 40 CFR list of North American Industrial part 180 for residues of pesticide

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DEPARTMENT OF HEALTH AND vaccines in the VICP when they are food. 1’’ Food allergy reactions are HUMAN SERVICES recommended by the Centers for Disease generally classified as mediated through Control and Prevention (CDC) for immunoglobulin E (IgE), not mediated Health Resources and Services routine administration to children. See through IgE, or involving both IgE and Administration section 2114(e)(2) of the PHS Act, 42 non-IgE mechanisms. Food allergies are U.S.C. 300aa–14(e)(2). Consistent with thought to result from a failure of the 42 CFR Part 100 section 13632(a)(3) of Public Law 103– regulatory mechanisms of the immune 66, the regulations governing the VICP system. IgE mediated reactions cause National Vaccine Injury Compensation provide that such vaccines will be the severe and rapid responses to food Program: Statement of Reasons for included in the Table as of the effective known as anaphylaxis. Non-IgE Not Conducting Rulemaking date of an excise tax to provide funds mediated reactions cause slower onset Proceedings for the payment of compensation with skin and gastrointestinal symptoms. AGENCY: Health Resources and Services respect to such vaccines. 42 CFR When a food allergy occurs, the Administration (HRSA), Department of 100.3(c)(8). The statute authorizing the body’s immune system reacts to a food Health and Human Services (HHS). VICP also authorizes the Secretary to as if it was a threat. When people are first exposed to a potential food ACTION: Denial of petition for create and modify a list of injuries, allergen, they do not experience rulemaking. disabilities, illnesses, conditions, and deaths (and their associated time symptoms but, in some people, their SUMMARY: In accordance with section frames) associated with each category of immune system produces IgE to that 2114(c)(2)(B) of the Public Health vaccines included on the Table. See food allergen. The production of IgE in Service Act, 42 U.S.C. 300aa– sections 2114(c) and 2114(e)(2) of the response to an allergen is called 14(c)(2)(B), notice is hereby given PHS Act, 42 U.S.C. 300aa–14(c) and sensitization. It is thought that concerning the reasons for not 30aa–14(e)(2). Finally, section sensitization can occur from exposure to conducting rulemaking proceedings to 2114(c)(2) of the PHS Act, 42 U.S.C. the food through the skin and add food allergies as an injury 300aa–14(c)(2) provides that: respiratory route, as well as from eating food allergens. When sensitized people associated with vaccines to the Vaccine [a]ny person (including the Advisory Injury Table. are exposed to the food allergen again, Commission on Childhood Vaccines) [the the IgE antibodies may bind to the DATES: Written comments are not being Commission] may petition the Secretary to solicited. propose regulations to amend the Vaccine allergen, resulting in a release of chemicals which can trigger a severe FOR FURTHER INFORMATION CONTACT: Dr. Injury Table. Unless clearly frivolous, or allergic response. The symptoms of this Narayan Nair, MD, Acting Director, initiated by the Commission, any such response can include hives, itching, Division of Injury Compensation petition shall be referred to the Commission for its recommendations. Following— nausea, vomiting, swelling of the mouth Programs (DICP), Healthcare Systems (A) Receipt of any recommendation of the and throat, difficulty breathing, and low Bureau, Health Resources and Services Commission, or blood pressure.2 Not all people who Administration, 5600 Fishers Lane, (B) 180 days after the date of the referral have IgE to a food will have an allergic Room 8N146B Rockville, Maryland to the Commission, whichever occurs first, response. 20857, or by telephone 301–443–6593. the Secretary shall conduct a rule-making To support the claim that food proceeding on the matters proposed in the SUPPLEMENTARY INFORMATION: The allergies are caused by vaccines, the National Childhood Vaccine Injury Act petition or publish in the Federal Register a statement or reasons for not conducting such petitioner cites two sources as evidence of 1986, Title III of Public Law 99–660 proceeding. including the 2012 Institute of Medicine (42 U.S.C. 300aa–10 et seq.) established (IOM) Report, ‘‘Adverse Effects of the National Vaccine Injury On September 19, 2015, a private Vaccines: Evidence and Causality.’’ The Compensation Program (VICP) for citizen submitted an email to the 2012 IOM report reviewed 8 of the 12 persons found to be injured by vaccines. Department of Health and Human vaccines covered by the VICP and Under this federal program, petitions for Services (HHS) and the Commission, provided 158 causality conclusions. compensation are filed with the United requesting that food allergies be added However, the IOM report did not States Court of Federal Claims (Court). to the Table. The email was considered evaluate evidence regarding a causal The Court, acting through special to be a petition to the Secretary of HHS association between vaccinations and masters, makes findings as to eligibility to propose regulations to amend the food allergies. The report does describe for, and amount of, compensation. In Table to add food allergies as an injury case reports of individuals with a order to gain entitlement to associated with vaccines on the Table. history of allergies to eggs, lamb, or milk compensation under the VICP for a In support of the request that food that experienced anaphylaxis or an covered vaccine, a petitioner must allergies be added to the Table, the allergic reaction after receiving an establish a vaccine-related injury or petitioner asserts that food proteins immunization.3 The IOM report does death, either by proving that the first present in vaccines cause the not address whether individuals who symptom of an injury or condition, as development of food allergies. receive a vaccination may subsequently defined by the Qualifications and Aids Pursuant to the VICP statute, the develop food allergies. This report does to Interpretation, occurred within the petition was referred to the Commission not comment on the strength of the time period listed on the Vaccine Injury on December 3, 2015. The Commission 1 Boyce et al, Guidelines for the diagnosis and Table (Table), and therefore, is voted unanimously to recommend that presumed to be caused by a vaccine management of food allergy in the United States: the Secretary not proceed with Summary of the NIAID-sponsored expert panel (unless another cause is found), or by rulemaking to amend the Table as report. J Allergy Clin Immunol, Volume 16, Number proof of vaccine causation, if the injury requested in the petition. 6, S1–58. or condition is not on the Table or did 2 http://www.niaid.nih.gov/topics/foodAllergy/ not occur within the time period Food allergies are defined as an understanding/Pages/allergicRxn.aspx 3 specified on the Table. ‘‘adverse health effect arising from a IOM (Institute of Medicine). 2012. Adverse specific immune response that occurs effects of vaccines: Evidence and causality. The statute authorizing the VICP Washington, DC: The National Academies Press. pp provides for the inclusion of additional reproducibly on exposure to a given 170–173.

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epidemiologic or mechanistic evidence juices.5 Given that oral intake is not management of food allergies. This regarding food allergies and vaccination. necessary for sensitization, a wide array panel consisted of 34 professional Therefore, the 2012 IOM report does not of exposures could have led to the organizations, federal agencies and support the petitioner’s position for development of a food allergy. Second, patient advocacy groups all with adding food allergies to the Table. the individuals in this study who had expertise related to food allergies. The The petition also describes a 2002 anaphylaxis to the measles vaccine and guidelines, which were published in paper that appeared in the journal, had antibodies to gelatin did not report 2010, discuss prevention of food Pediatrics.4 The authors of this paper a food allergy. This finding does not allergies but make no mention of the included researchers from CDC, the support a causal association between role of vaccines in developing food Food and Drug Administration (FDA), vaccines and food allergies, nor do the allergies. They also do not list and the Mayo Clinic. The objective of authors contend this in their study. vaccination as a risk factor for this study was not to evaluate whether Third, while there was a higher developing food-induced anaphylaxis. vaccines could cause food allergies. proportion of food allergies reported in The Guidelines discuss gaps in the Rather, the purpose of the study was to the anaphylaxis group, the authors state scientific knowledge related to food examine whether people with the practical significance of this is not allergies. However, they did not identify anaphylaxis after the receipt of the clear. They conclude that their data the role of vaccination in developing measles vaccines had an unusual profile could support the hypothesis that food allergies as an area where future of self-reported allergies and whether anaphylaxis to the measles vaccine research is needed.6 Several recent they had higher levels of antibodies to could be due to sensitivity to gelatin but reviews of the epidemiology and natural gelatin, a compound found in both they do not assert that vaccines cause or history of food allergies have been foods and some vaccines. This was a contribute to food allergies. Finally, published. None of the publications case control study utilizing the Vaccine there are limitations to VAERS, which is discuss any role of vaccinations in the Adverse Event Reporting System a passive reporting system, and the development of food allergies.789101112 (VAERS) database for cases of primary purpose of VAERS is to look for signals for evidence of unexpected In light of the above, I have anaphylaxis and individuals from the determined that there is no reliable Mayo Clinic and VAERS who did not adverse events that would require other investigations to try to determine causal scientific evidence of an association have an adverse event to the measles between vaccines and food allergies. vaccine as controls. The study had relationships. Thus, most VAERS reports alone cannot be utilized to Therefore, I will not amend the Table to relatively small numbers as only 57 add food allergies as an injury individuals who had anaphylaxis agreed establish conclusions about causality. In addition to reviewing evidence associated with any vaccine on the to be interviewed and of these, only 22 Table at this time. underwent IgE testing. The researchers submitted by the petitioner, HHS found that there was a higher proportion gathered additional data from the Dated: March 17, 2016. of food allergies found in the group with existing medical literature. A literature Sylvia M. Burwell, anaphylaxis as opposed to the control search was conducted of the major Secretary, Department of Health and Human group. However, it was not clear if the medical databases for any articles Services. food allergies preceded the vaccine. linking the development of food [FR Doc. 2016–06666 Filed 3–28–16; 8:45 am] allergies to vaccinations. This research They also noted that a number of BILLING CODE 4165–15–P individuals who had anaphylaxis to the was conducted in collaboration with the vaccine also had the IgE antibody to the National Institutes of Health (NIH) 6 Boyce et al, Guidelines for the diagnosis and gelatin. However, none of these Library, Office of Research Services. management of food allergy in the United States: individuals reported an allergy to Despite an extensive search, no Summary of the NIAID-sponsored expert panel gelatin. published research was found that report. J Allergy Clin Immunol, Volume 16, Number 6, S1–58. This paper is not supportive of adding addressed any linkages or potential causality between vaccinations covered 7 Lack, G. (2012). ‘‘Update on risk factors for food food allergies to the Table for several allergy.’’ Journal of Allergy and Clinical reasons. First, it was not designed to by VICP and the development of food allergies in any population. Immunology 129(5): 1187–1197. determine the causality of food allergy 8 While none of the publications Savage, J. and C. B. Johns. (2015). ‘‘Food allergy: but rather whether severe allergic Epidemiology and natural history.’’ Immunol identified a link between food allergies reactions to the measles vaccines could Allergy Clin North Am 35(1): 45–59. and vaccines, several did address risk be due to gelatin. Gelatin is present in 9 Sicherer, S. H. (2011). ‘‘Epidemiology of food numerous foods including confectionary factors related to the development of allergy.’’ Journal of Allergy and Clinical products, icings and fillings in baked food allergies. The NIH National Immunology 127(3): 594–602. 10 goods, meat products, wine, beer, and Institute of Allergy and Infectious Carrard, A., D. Rizzuti, et al. (2015). ‘‘Update Disease sponsored an expert panel to on food allergy.’’ Allergy. 70: 1511–1520. 11 Chin, S. and B. P. Vickery. (2012). 4 V. Pool, et al. ‘‘Prevalence of anti-gelatin IgE develop guidelines for the diagnosis and antibodies in people with anaphylaxis after ‘‘Pathogenesis of food allergy in the pediatric measles-mumps-rubella vaccine in the United 5 http://www.gelatin-gmia.com/images/GMIA_ patient.’’ Curr Allergy Asthma Rep 12(6): 621–9. States,’’ Pediatrics, 110, 6 (Dec. 2002): e71. Gelatin_Manual_2012.pdf. 12 Allen, K. J. and J. J. Koplin. (2015). ‘‘Why Does Australia Appear to Have the Highest Rates of Food Allergy?’’ Pediatr Clin North Am 62(6): 1441–51.

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Tuesday, March 29, 2016

This section of the FEDERAL REGISTER unless the collection of information Frequency of Responses: contains documents other than rules or displays a currently valid OMB control Recordkeeping; Reporting: On occasion. proposed rules that are applicable to the number and the agency informs Total Burden Hours: 1,180. public. Notices of hearings and investigations, potential persons who are to respond to committee meetings, agency decisions and the collection of information that such Title: Location of Irradiation rulings, delegations of authority, filing of persons are not required to respond to Treatment Facilities in the United petitions and applications and agency States. statements of organization and functions are the collection of information unless it examples of documents appearing in this displays a currently valid OMB control OMB Control Number: 0579–0383. section. number. Summary of Collection: The United Animal and Plant Health Inspection States Department of Agriculture Service (USDA) is responsible for preventing DEPARTMENT OF AGRICULTURE plant diseases or insect pests from Title: Importation of Tomatoes from entering into the United States, Animal and Plant Health Inspection Certain Central American Countries. preventing the spread of pests and Service OMB Control Number: 0579–0286. Summary of Collection: Under the noxious weeds not widely distributed Plant Protection Act (PPA) (7 U.S.C. into the United States, and eradicating Submission for OMB Review; those imported pests when eradication Comment Request 7701 et seq.), the Secretary of Agriculture is authorized to restrict the is feasible. The Plant Protection Act (7 March 23, 2016. importation, entry, or interstate U.S.C. 7701—et seq.) authorizes USDA The Department of Agriculture has movement of plants, plant products, and to carry out this mission. Under the submitted the following information other articles to prevent the Plant Protection Act, the Animal and collection requirement(s) to OMB for introduction of plant pests into the Plant Health Inspection Service (APHIS) review and clearance under the United States or their dissemination is authorized, among other things, to Paperwork Reduction Act of 1995, within the United States. Regulations regulate the importation of plants, plant Public Law 104–13. Comments are authorized by the PPA concerning the products, and other articles to prevent requested regarding (1) whether the importation of fruits and vegetables into the introduction of plant pests in the collection of information is necessary the United States from certain parts of United States. for the proper performance of the the world contained in ‘‘Subpart—Fruits Need and Use of the Information: functions of the agency, including and Vegetables’’ (7 CFR 319.56–1 APHIS will use the following whether the information will have through 319.56–73). Under these information collection activities to practical utility; (2) the accuracy of the regulations, pink or red tomatoes from provide generic criteria for irradiation agency’s estimate of burden including Costa Rica, El Salvador, Guatemala, treatment facilities in an effort to the validity of the methodology and Honduras, Nicaragua and Panama are prevent the spread of plant pests and assumptions used; (3) ways to enhance subject to certain condition before plant diseases in the United States: (1) the quality, utility and clarity of the entering the United States to prevent the Request for Initial Certification and information to be collected; and (4) introduction of plant pests in the United Inspection of Facility; (2) Certification ways to minimize the burden of the States. and Recertification of Facility; (3) collection of information on those who Need and Use of the Information: The Denial and Withdrawal of Certification; are to respond, including through the Animal and Plant Health Inspection (4) Compliance Agreement (PPQ 519); use of appropriate automated, Service (APHIS) requires that each (5) Irradiation Facilities Treating electronic, mechanical, or other shipment of tomatoes must be Imported Articles; Irradiation Treatment technological collection techniques or accompanied by a phytosanitary Framework Equivalency Work plan; (6) other forms of information technology. certificate issued by the National Plant Irradiation Facilities Notification; (7) Comments regarding this information Protection Organization and bearing the Records; (8) Facility to Maintain and collection received by April 28, 2016 declaration, ‘‘These tomatoes were Provide Updated Map Identifying Places will be considered. Written comments grown in an area recognized to be free Horticultural/Crops are Grown; (9) should be addressed to: Desk Officer for of Medfly and the shipment has been Facility Contingency Plan; (10) Letter of Agriculture, Office of Information and inspected and found free of the pest Concurrence or Non-Agreement; (11) Regulatory Affairs, Office of listed in the requirements.’’ In addition Treatment Arrangements; (12) Pest Management and Budget (OMB), New to the phytosanitary certificate, Management Plan; and (13) Facility Executive Office Building, 725—17th production site and packinghouse Map—Detailed Layout of Facility. If the Street NW., Washington, DC 20502. records, production site registration, information is not collected, APHIS Commenters are encouraged to submit monitoring/auditing trapping program, would have no practical way of their comments to OMB via email to: trapping records, export certification, determining that any given commodity [email protected] or labeling of boxes, and recertification of had actually been irradiated. fax (202) 395–5806 and to Departmental production sites, APHIS uses these Description of Respondents: Business Clearance Office, USDA, OCIO, Mail activities to prevent the introduction or other for-profits; Federal Stop 7602, Washington, DC 20250– and dissemination of plant pests into Government. 7602. Copies of the submission(s) may the United States. be obtained by calling (202) 720–8958. Description of Respondents: Business Number of Respondents: 5. An agency may not conduct or or other for-profit; Federal Government. Frequency of Responses: Reporting: sponsor a collection of information Number of Respondents: 54. On occasion.

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Total Burden Hours: 28. Policy Coordination Committee, Office II. How can I participate in the March of Science and Technology Policy, 30th meeting? Ruth Brown, Executive Office of the President, Departmental Information Collection Eisenhower Executive Office Building, There will be several opportunities for Clearance Officer. 1650 Pennsylvania Ave., Washington, questions and answers to clarify the [FR Doc. 2016–07003 Filed 3–28–16; 8:45 am] DC 20504; (202) 456–4444; online: information presented during the case BILLING CODE 3410–34–P https://www.whitehouse.gov/webform/ studies. The agenda for this meeting contact-emerging-technologies- provides time for general public interagency-policy-coordinating- comments from those attending the DEPARTMENT OF AGRICULTURE committee-national-science-and. meeting in person. Those planning to provide comment are asked to indicate Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: their desire to comment when they Service I. Background register on USDA’s Web site prior to the [Docket No. APHIS–2016–0024] public meeting. Public comments made Under the auspices of the National at this meeting will be submitted to the Modernizing the Regulatory System for Science and Technology Council, the docket as part of the official meeting Biotechnology Products; Notice of Environmental Protection Agency, Food transcript. Third Public Meeting and Drug Administration (FDA), United To participate in person or view the States Department of Agriculture AGENCY: Animal and Plant Health webinar, please register in advance Inspection Service, USDA. (USDA) and the White House Office of Science and Technology Policy online at https://www.regonline.com/ ACTION: Notice. (collectively referred to as ‘‘we’’ in this builder/site/default.aspx?EventID= 1824027. Those registered will receive SUMMARY: Under the auspices of the Federal Register document), held a National Science and Technology public meeting on October 30, 2015, to detailed instructions with their Council, USDA, along with the White discuss the Executive Office of the confirmations that explain how to House Office of Science and Technology President (EOP) memorandum entitled, access the meeting via webinar or in Policy, the Environmental Protection ‘‘Modernizing the Regulatory System for person. Agency and the Food and Drug Biotechnology Products,’’ that was III. Meeting Materials, Transcripts and Administration (FDA) are holding the issued in July 2015. The purpose of the Recorded Video third public meeting related to the October 2015 meeting was to inform the memorandum entitled, ‘‘Modernizing public about the activities described in Any additional information and data the Regulatory System for the July 2015 memorandum, invite oral submitted voluntarily to us will become Biotechnology Products,’’ issued by the comments from interested parties, and part of the administrative record for this Executive Office of the President in July provide information about how to activity and will be accessible to the 2015. The purpose of the third public submit written comments, data, or other public in the docket [FDA–2015–N– meeting is to illustrate current Federal information to the docket. The October 3403] on www.regulations.gov. The roles and responsibilities regarding meeting was the first of three public transcript of the proceedings from the biotechnology products. The docket, engagement sessions on this topic. public meeting will become part of the FDA–2015–N–3403, established by FDA A second public meeting was held on administrative record for this activity prior to the first public meeting, will March 9, 2016, in Dallas, TX. and will also be included and accessible continue to be used for this interagency Transcripts and materials from this in the docket as soon they are available. effort. meeting can be found in the docket Additionally, we will live webcast and DATES: The meeting will be held on [FDA–2015–N–3403] on record the public meeting. Once the March 30, 2016, from 9:30 a.m. to 1:30 www.regulations.gov. recorded video is available, it will be p.m. PDT. accessible on USDA’s YouTube channel. To request accommodation of a On February 1, 2016, we announced disability, please immediately contact the date and location for the third Transcripts and meeting materials public engagement session: https:// the person listed under FOR FURTHER may also be viewed in our reading www.aphis.usda.gov/biotechnology/ INFORMATION CONTACT to give USDA as room, which is located in Room 1141 of much time as possible to process your modernizing-framework. the USDA South Building, 14th Street request. The third public meeting will be held and Independence Avenue SW., ADDRESSES: The meeting will be held at on March 30, 2016, at the University of Washington, DC. Normal reading room the University of California, Davis California’s Davis Conference Center in hours are 8 a.m. to 4:30 p.m., Monday Conference Center, Davis, CA 95616. Davis, CA. through Friday, except holidays. To be sure someone is there to help you, FOR FURTHER INFORMATION CONTACT: For There are two draft documents general questions about the meeting, available that will be the basis for please call (202) 799–7039 before contact Mr. Sidney W. Abel, Assistant discussion at the March 30 meeting: A coming. Deputy Administrator, Biotechnology document with eight case studies of Authority: 7 U.S.C. 7701–7772 and 7781– Regulatory Services, APHIS, 4700 River hypothetical biotechnology products, 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and Road, Unit 147, Riverdale, MD 20737– and a table of oversight authorities

371.3. 1236; (301) 851–3896. For questions related to biotechnology products. Done in Washington, DC, this 23rd day of about the memorandum entitled, These documents can be found in the March 2016. ‘‘Modernizing the Regulatory System for docket [FDA–2015–N–3403] on Biotechnology Products,’’ or related www.regulations.gov and on the USDA Michael C. Gregoire, activities described in that Web site at https://www.aphis.usda.gov/ Acting Administrator, Animal and Plant memorandum, contact the National biotechnology/modernizing-framework, Health Inspection Service. Science and Technology Council: along with the final meeting agenda as [FR Doc. 2016–07015 Filed 3–28–16; 8:45 am] Emerging Technologies Interagency soon as it is available. BILLING CODE 3410–34–P

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DEPARTMENT OF AGRICULTURE sponsors may include public or private DATES: The meeting will be held on non-profit school food authorities Wednesday, April 27, 2016, from 9:00 Food and Nutrition Service (SFAs), public or private non-profit a.m. to 3:00 p.m. residential summer camps, units of All RAC meetings are subject to Submission for OMB Review; local, municipal, county or State cancellation. For status of meeting prior Comment Request governments, or other private non-profit to attendance, please contact the person March 23, 2016. organizations that develop a special listed under FOR FURTHER INFORMATION The Department of Agriculture has summer program and provide meal CONTACT. submitted the following information service similar to that available to ADDRESSES: The meeting will be held at collection requirement(s) to OMB for children during the school year under the Bighorn Federal Savings Bank, 643 review and clearance under the the National School Lunch Program and Broadway Street, Thermopolis, Paperwork Reduction Act of 1995, the School Breakfast Program. Under the Wyoming. Public Law 104–13. Comments are program, a sponsor receives Written comments may be submitted requested regarding (1) whether the reimbursement for serving nutritious, as described under SUPPLEMENTARY collection of information is necessary well-balanced meals to eligible children INFORMATION. All comments, including for the proper performance of the at the food service sites. Information is names and addresses when provided, functions of the agency, including gathered from State agencies and other are placed in the record and are whether the information will have organizations wishing to participate in available for public inspection and practical utility; (2) the accuracy of the the program to determine eligibility. copying. The public may inspect agency’s estimate of burden including Need and Use of the Information: FNS comments received at the Shoshone the validity of the methodology and uses the information collected to National Forest Supervisor’s Office. assumptions used; (3) ways to enhance determine an organization’s eligibility Please call ahead to facilitate entry into the quality, utility and clarity of the and to monitor program performance for the building. compliance and reimbursement information to be collected; and (4) FOR FURTHER INFORMATION CONTACT: Olga ways to minimize the burden of the purposes. Troxel, RAC Coordinator, by phone at Description of Respondents: collection of information on those who 307–527–6241 or via email at otroxel@ Individuals or households; Farms; Not- are to respond, including through the fs.fed.us. for-profit institutions; State, Local, or use of appropriate automated, Individuals who use Tribal Government. telecommunication devices for the deaf electronic, mechanical, or other Number of Respondents: 106,621. (TDD) may call the Federal Information technological collection techniques or Frequency of Responses: Relay Service (FIRS) at 1–800–877–8339 other forms of information technology. Recordkeeping; Reporting; Public between 8:00 a.m. and 8:00 p.m., Comments regarding this information Disclosure: On occasion; Quarterly; Eastern Standard Time, Monday collection received by April 28, 2016 Annually. will be considered. Written comments Total Burden Hours: 197,602. through Friday. should be addressed to: Desk Officer for SUPPLEMENTARY INFORMATION: The Agriculture, Office of Information and Ruth Brown, purpose of the meeting is to: Regulatory Affairs, Office of Departmental Information Collection 1. Review project proposals received Management and Budget (OMB), OIRA_ Clearance Officer. in 2016, [email protected] or fax (202) [FR Doc. 2016–07002 Filed 3–28–16; 8:45 am] 2. Prioritize projects for 395–5806 and to Departmental BILLING CODE 3410–30–P recommendation, and Clearance Office, USDA, OCIO, Mail 3. Vote on projects if the RAC has Stop 7602, Washington, DC 20250– reached that point and a quorum is 7602. Copies of the submission(s) may DEPARTMENT OF AGRICULTURE present. be obtained by calling (202) 720–8958. The meeting is open to the public. An agency may not conduct or Forest Service The agenda will include time for people sponsor a collection of information to make oral statements of three minutes unless the collection of information Shoshone Resource Advisory or less. Individuals wishing to make an displays a currently valid OMB control Committee; Meeting oral statement should request in writing number and the agency informs AGENCY: Forest Service, USDA. by April 18, 2016, to be scheduled on potential persons who are to respond to ACTION: Notice of meeting. the agenda. Anyone who would like to the collection of information that such bring related matters to the attention of persons are not required to respond to SUMMARY: The Shoshone Resource the committee may file written the collection of information unless it Advisory Committee (RAC) will meet in statements with the committee staff displays a currently valid OMB control Thermopolis, Wyoming. The committee before or after the meeting. Written number. is authorized under the Secure Rural comments and requests for time for oral Schools and Community Self- comments must be sent to Olga Troxel, Food and Nutrition Service Determination Act (the Act) and RAC Coordinator, Shoshone National Title: 7 CFR part 225, Summer Food operates in compliance with the Federal Forest Supervisor’s Office, 808 Meadow Service Program. Advisory Committee Act. The purpose Lane, Cody, Wyoming 82414; by email OMB Control Number: 0584–0280. of the committee is to improve to [email protected], or via facsimile to Summary of Collection: Section 13 of collaborative relationships and to 307–578–5112. the Richard B. Russell National School provide advice and recommendations to Meeting Accommodations: If you are Lunch Act (42 U.S.C. 1761) authorizes the Forest Service concerning projects a person requiring reasonable the Summer Food Service Program and funding consistent with Title II of accommodation, please make requests (SFSP). The SFSP is directed toward the Act. RAC information can be found in advance for sign language children in low-income areas when at the following Web site: http:// interpreting, assistive listening devices, school is not in session and is operated cloudapps-usda-gov.force.com/FSSRS/ or other reasonable accommodation. For locally by approved sponsors. Local RAC_Page?id=001t0000002JcvXAAS. access to the facility or proceedings,

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please contact the person listed in the Registrations (DDR) link. You will need Bounded on the West by the section titled FOR FURTHER INFORMATION to obtain an FGISonline customer Mississippi River north to the northern CONTACT. All reasonable number and USDA eAuthentication Calhoun County line; accommodation requests are managed username and password prior to Bounded on the North by the northern on a case by case basis. applying. and eastern Calhoun County lines; the Dated: March 22, 2016. • Submit Comments Using the northern and eastern Jersey County Joseph G. Alexander, Internet: Go to Regulations.gov (http:// lines; the northern Madison County www.regulations.gov). Instructions for Forest Supervisor. line; the western Montgomery County submitting and reading comments are line north to a point on this line that [FR Doc. 2016–07014 Filed 3–28–16; 8:45 am] detailed on the site. intersects with a straight line, from the BILLING CODE 3411–15–P • Mail, Courier or Hand Delivery: Eric junction of State Route 111 and the J. Jabs, Deputy Director, USDA, GIPSA, northern Macoupin County line to the FGIS, QACD, 10383 North Ambassador DEPARTMENT OF AGRICULTURE junction of Interstate 55 and State Route Drive, Kansas City, MO 64153. 16 (in Montgomery County); from this • Fax: Eric J. Jabs, 816–872–1257. Grain Inspection, Packers and point southeast along the straight line to • Email: [email protected]. Stockyards Administration (GIPSA) the junction of Interstate 55 and State Read Applications and Comments: Route 16; State Route 16 east-northeast Opportunity for Designation in Fargo, All applications and comments are to a point approximately 1 mile ND; Urbana, IL; Sandusky, MI; available for public inspection at the northeast of Irving; a straight line from Davenport, IA; Enid, OK; Keokuk, IA; office above during regular business this point to the northern Fayette Marshall, MI; and Omaha, NE Areas; hours (7 CFR 1.27(c)). County line; the northern Fayette, Request for Comments on the Official FOR FURTHER INFORMATION CONTACT: Eric Effingham, and Cumberland County Agencies Servicing These Areas J. Jabs, 816–659–8408 or Eric.J.Jabs@ lines. usda.gov. AGENCY: Grain Inspection, Packers and In Minnesota Stockyards Administration, USDA. SUPPLEMENTARY INFORMATION: Section 79(f) of the United States Grain Koochiching, St. Louis, Lake, Cook, ACTION: Notice. Standards Act (USGSA) authorizes the Itasca, Norman, Mahnomen, Hubbard, SUMMARY: North Dakota Grain Secretary to designate a qualified Cass, Clay, Becker, Wadena, Crow Wing, Inspection Service, Inc. (North Dakota) applicant to provide official services in Aitkin, Carlton, Wilkin, and Otter Tail purchased Frankfort Grain Inspection, a specified area after determining that Counties, except those export port Inc. (Frankfort) on October 1, 2015. the applicant is better able than any locations within the State, which are GIPSA determined that North Dakota other applicant to provide such official serviced by GIPSA. met the requirements specified in 7 CFR services (7 U.S.C. 79 (f)). Under section In North Dakota 800.196 (f)(2). The designation of North 79(g) of the USGSA, designations of Dakota Grain Inspection Service, Inc. official agencies are effective for no Bounded on the North by the northern (North Dakota) is amended to include longer than five years unless terminated Steele County line from State Route 32 Frankfort and will end on December 31, by the Secretary, and may be renewed east; the northern Steele and Trail 2015, which is the earliest termination according to the criteria and procedures County lines east to the North Dakota date of the combined official agencies. prescribed in section 79(f) of the State line. The designations of Champaign Danville USGSA. Bounded on the East by the eastern Grain Inspection Departments, Inc. North Dakota State line. Areas Open for Designation (Champaign); Detroit Grain Inspection Bounded on the South by the Service, Inc. (Detroit); Eastern Iowa Fargo, ND southern North Dakota State line west to Grain Inspection and Weighing Service, Pursuant to Section 79(f)(2) of the State Route 1. Inc. (Eastern Iowa); Enid Grain United States Grain Standards Act, the Bounded on the West by State Route Inspection Company, Inc. (Enid); following geographic area, as amended, 1 north to Interstate 94; Interstate 94 Keokuk Grain Inspection Service in the States of Illinois, Indiana, east to the Soo Railroad line; the Soo (Keokuk); Michigan Grain Inspection Minnesota and North Dakota, is Railroad line northwest to State Route 1; Services, Inc. (Michigan); and Omaha assigned to this official agency. State Route 1 north to State Route 200; Grain Inspection Service, Inc. (Omaha) State Route 200 east to State Route 45; will end on March 31, 2016. We are In Illinois State Route 45 north to State Route 32; asking persons or governmental Bounded on the East by the eastern State Route 32 north. agencies interested in providing official Cumberland County line; the eastern In Indiana services in the areas presently served by Jasper County line south to State Route these agencies to submit an application 33; State Route 33 east-southeast to the Bartholomew, Blackford, Boone, for designation. In addition, we are Indiana-Illinois State line; the Indiana- Brown, Carroll (south of State Route 25), asking for comments on the quality of Illinois State line south to the southern Cass, Clinton, Delaware, Fayette, Fulton services provided by these agencies. Gallatin County line. (bounded on east by eastern Fulton DATES: Applications and comments Bounded on the South by the County line south to State Route 19; must be received by April 28, 2016. southern Gallatin, Saline, and State Route 19 south to State Route 114; ADDRESSES: Submit applications and Williamson County lines; the southern State Route 114 southeast to eastern comments concerning this Notice using Jackson County line west to U.S. Route Fulton County line), Grant, Hamilton, any of the following methods: 51; U.S. Route 51 north to State Route Hancock, Hendricks, Henry, Howard, • Applying for Designation on the 13; State Route 13 northwest to State Jay, Johnson, Madison, Marion, Miami, Internet: Use FGISonline (https://fgis. Route 149; State Route 149 west to State Monroe, Montgomery, Morgan, gipsa.usda.gov/default_home_ Route 3; State Route 3 northwest to Randolph, Richmond, Rush (north of FGIS.aspx) and then click on the State Route 51; State Route 51 south to State Route 244), Shelby, Tipton, Union, Delegations/Designations and Export the Mississippi River. and Wayne Counties.

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In Ohio Route 55 south to the Newton County State Route 21 east to State Route 52; Darke County. line; the southern Newton County line State Route 52 north to the Shiawassee The following grain elevators are not west to U.S. Route 41; Bounded on the County line; the northern Shiawassee part of this geographic area assignment East by U.S. Route 41 south to the County line east to the Genesee County and are assigned to Titus Grain northern Parke County line; the line; the western Genesee County line; Inspection, Inc.: The Andersons, Delphi, northern Parke and Putnam County the northern Genesee County line east to Carroll County; Frick Services, Inc., lines; the eastern Putnam, Owen, and State Route 15; State Route 15 north to Leiters Ford, Fulton County; and Cargill, Greene County lines. Barnes Road; Barnes Road east to Inc., Linden, Montgomery County, Bounded on the South by the Sheridan Road; Sheridan Road north to Indiana. southern Greene County line; the State Route 46; State Route 46 east to southern Sullivan County line west to State Route 53; State Route 53 north to Urbana, IL U.S. Route 41(150); U.S. Route 41(150) the Michigan State line. Pursuant to Section 79(f)(2) of the south to U.S. Route 50; U.S. Route 50 Bounded on the East by the Michigan United States Grain Standards Act, the west across the Indiana-Illinois State State line south to State Route 50. following geographic area, in the States line to Illinois State Route 33; Illinois Bounded on the South by State Route of Illinois, Indiana, and Michigan, is State Route 33 north and west to the 50 west to U.S. Route 127. assigned to this official agency. Western Crawford County line. Bounded on the West by U.S. Route Bounded on the West by the western 127 north to U.S. Route 27; U.S. Route In Illinois Crawford and Clark County lines; the 27 north to the northern Clinton County Bounded on the North by the northern Southern Coles County line; the western line. Schuyler, Cass, and Menard County Coles and Douglas County lines; the Davenport, IA lines; the western Logan County line western Champaign County line north north to State Route 10; State Route 10 to Interstate 72; Interstate 72 southwest Pursuant to Section 79(f)(2) of the east to the west side of Beason. to the Piatt County line; the western United States Grain Standards Act, the Bounded on the East by a straight line Piatt County line; the southern McLean following geographic areas, in the States from the west side of Beason southwest County line west to a point 10 miles of Illinois, Iowa, and Wisconsin, are to Elkhart on Interstate 55; a straight west of the western Champaign County assigned to this official agency. line from Elkhart southeast to line, from this point through In Illinois and Iowa Stonington on State Route 48; a straight Arrowsmith to Pontiac along a straight line from Stonington southwest to Irving line running north and south which Northern Area: on State Route 16. intersects with State Route 116; State Jo Daviess, Stephenson, Winnebago, Bounded on the South by State Route Route 116 east to State Route 47; State Boone, McHenry, Lake, Will DuPage, 16 west to the eastern Macoupin County Route 47 north to the northern Kendall, DeKalb, Lee, and Ogle Counties line; the eastern, southern, and western Livingston County line. in Illinois and Delaware and Dubuque Macoupin County lines; the southern Counties in Iowa. and western Greene County lines; the In Michigan Southern Area: southern Pike County line. Berrien, Cass, and St. Joseph Bounded on the North, in Iowa, by Bounded on the West by the western Counties. Interstate 80 from the western Iowa Pike County line west to U.S. Route 54; Champaign’s assigned geographic area County line east to State Route 38; State U.S. Route 54 northeast to State Route does not include the export port Route 38 north to State Route 130; State 107; State Route 107 northeast to State locations inside Champaign’s area, Route 130 east to the Mississippi River. Route 104; State Route 104 east to the which are serviced by GIPSA. The Bounded on the East, in Illinois, from western Morgan County line; the following grain elevators are part of this the Mississippi River to the eastern western Morgan, Cass, and Schuyler geographic area assignment: In Decatur Rock Island County line; the northern County lines. Grain Inspection, Inc.’s area: Okaw Henry and Bureau County lines; east to State Route 40; State Route 40 south to In Illinois and Indiana Cooperative, Cadwell, Moultrie County; ADM (3 elevators), Farmer City, Dewitt the southern Bureau County line; the Bounded on the North by the northern County; and Topflight Grain Company, eastern and southern Henry County Livingston County line from State Route Monticello, Piatt County, Illinois. In lines; the eastern Knox County line. 47; the eastern Livingston County line to Central Illinois Grain Inspection, Inc.’s Bounded on the South by the the northern Ford County line; the area: East Lincoln Farmers Grain Co., southern Knox County line; the eastern northern Ford and Iroquois County lines Lincoln, Logan County, Illinois. and southern Warren County lines; the east to Interstate 57; Interstate 57 north The following grain elevator is not southern Henderson County line across to the northern Will County line; part of this geographic area assignment the Mississippi River; in Iowa, by the Bounded on the North by the northern and is assigned to Titus Grain southern Des Moines, Henry, Jefferson, Will County line from Interstate 57 east Inspection, Inc., Boswell Chase Grain, and Wapello County lines. to the Illinois-Indiana State line; the Inc., Boswell, Benton County, Indiana. Bounded on the West by the western Illinois-Indiana State line north to the and northern Wapello County lines; the northern Lake County line; the northern Sandusky, MI western and northern Keokuk County Lake, Porter, Laporte, St. Joseph, and Pursuant to Section 79(f)(2) of the lines; the western Iowa County line Elkhart County lines. United States Grain Standards Act, the north to Interstate 80. Bounded on the East by the eastern following geographic area, in the State In Wisconsin and southern Elkhart County lines; the of Michigan, is assigned to this official eastern Marshall County line; Bounded agency. The entire State of Wisconsin, for on the South by the southern Marshall domestic services. and Starke County lines; the eastern In Michigan All export port locations within Jasper County line south-southwest to Bounded on the North by the northern Eastern Iowa’s assigned geographic U.S. Route 24; U.S. Route 24 west to Clinton County line; the eastern Clinton areas in the State of Illinois are serviced Indiana State Route 55; Indiana State County line south to State Route 21; by GIPSA and in the State of Wisconsin

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are serviced by GIPSA (Milwaukee) and Sheridan Road; Sheridan Road south to Route 183; Iowa State Route 183 south the Wisconsin Department of Barnes Road; Barnes Road west to State to the Pottawattamie County line; the Agriculture (Superior). Route 15; State Route 15 south to the northern and eastern Pottawattamie Genesee County line; the northern County lines; the southern Enid, OK Genesee County line west to the Pottawattamie County line west to M47; Pursuant to Section 79(f)(2) of the Shiawassee County line; the northern M47 south to Iowa State Route 48; Iowa United States Grain Standards Act, the Shiawassee County line west to State State Route 48 south to the Montgomery following geographic areas, in the States Route 52; State Route 52 south to State County line. of Oklahoma and Texas, are assigned to Route 21; State Route 21 west to Clinton Bounded on the South by the this official agency. County; the eastern and northern southern Montgomery County line; the southern Mills County line west to In Oklahoma Clinton County lines west to U.S. Route 27; U.S. Route 27 south to U.S. Route Interstate 29; Interstate 29 north to U.S. Adair, Alfalfa, Atoka, Beckham, 127; U.S. Route 127 south to the Route 34; U.S. Route 34 west to the Blaine, Bryan, Caddo, Canadian, Carter, Michigan-Ohio State line. Missouri River; the Missouri River north Cherokee, Choctaw, Cleveland, Coal, to the Sarpy County line (in Nebraska); Comanche, Cotton, Craig, Creek, Custer, In Ohio the southern Sarpy County line; the Delaware, Dewey, Ellis, Garfield, The northern State line east to the southern Saunders County line west to Garvin, Grady, Grant, Greer, Harmon, eastern Fulton County line; the eastern U.S. Route 77. Harper, Haskell, Hughes, Jackson, Fulton, Henry, and Putnam County Bounded on the West by U.S. Route Jefferson, Johnston, Kay, Kingfisher, lines; the eastern Allen County line 77 north to the Platte River; the Platte Kiowa, Latimer, Le Flore, Lincoln, south to the northern Hardin County River southeast to the Douglas County Logan, Love, McClain, McCurtain, line; the northern Hardin County line line; the northern Douglas County line McIntosh, Major, Marshall, Mayes, east to U.S. Route 68; U.S. Route 68 east; the western Washington County Murray, Muskogee, Noble, Nowata, south to State Route 47. line northwest to Nebraska State Route Okfuskee, Oklahoma, Okmulgee, Osage, Bounded on the South by State Route 91. Ottawa, Pawnee, Payne, Pittsburg, 47 west-southwest to Interstate 75 The following grain elevators are part Pontotoc, Pottawatomie, Pushmataha, (excluding all of Sidney, Ohio); of this geographic area assignment: In Roger Mills, Rogers, Seminole, Interstate 75 south to the Shelby County Central Iowa Grain Inspection Service, Sequoyah, Stephens, Tillman, Tulsa, line; the southern and western Shelby Inc.’s area: Scoular Elevator, Elliot, Wagoner, Washington, Washita, Woods, County lines; the southern Mercer Montgomery County and two Scoular and Woodward Counties. County line. elevators, Griswold, Cass County, Iowa. Bounded on the West by the Ohio- In Fremont Grain Inspection In Texas Indiana State line from the southern Department, Inc.’s area: United Farmers Clay, Wichita, and Wilbarger Mercer County line to the northern Coop, Rising City, Butler County and Counties. Williams County line; in Michigan, by United Farmers Coop, Shelby, Polk the southern Michigan State line west to County, Nebraska. In Lincoln Inspection Keokuk, IA the Branch County line; the western Service, Inc.’s area: Goode Seed & Grain, Pursuant to Section 79(f)(2) of the Branch County line north to the McPaul, Fremont County, Iowa; and United States Grain Standards Act, the Kalamazoo County line; the southern Haveman Grain, Murray, Cass County, following geographic areas, in the States Kalamazoo and Van Buren County lines Nebraska. of Illinois and Iowa, are assigned to this west to the Michigan State line; the The following grain elevators are not official agency. western Michigan State line north to the part of this geographic area assignment and are assigned to Fremont Grain In Illinois northern Michigan State line. The following grain elevators are not Inspection Department, Inc.: Farmers Adams, Brown, Fulton, Hancock, part of this geographic area assignment Union Cooperative Association and Mason, McDonough, and Pike and are assigned to Northeast Indiana Krumel Grain and Storage, Wahoo, (northwest of a line bounded by U.S. Grain Inspection, Inc: Trupointe Saunders County, Nebraska. Route 54 northeast to State Route 107; Elevator, Payne, Paulding County, Ohio. State Route 107 northeast to State Route Opportunity for Designation 104; State Route 104 east to the eastern Omaha, NE Interested persons or governmental Pike County line) Counties. Pursuant to Section 79(f)(2) of the agencies may apply for designation to United States Grain Standards Act, the provide official services in the In Iowa following geographic areas, in the States geographic areas specified above under Davis, Lee, and Van Buren Counties. of Iowa and Nebraska, are assigned to the provisions of section 79(f) of the this official agency. USGSA and 7 CFR 800.196. Designation Marshall, MI for North Dakota is for the period In Iowa and Nebraska Pursuant to Section 79(f)(2) of the beginning January 1, 2016, to December United States Grain Standards Act, the Bounded on the North by Nebraska 31, 2020. Designation for Champaign, following geographic area, in the States State Route 91 from the western Detroit, Eastern Iowa, Enid, Keokuk, of Michigan and Ohio, is assigned to Washington County line east to U.S. Michigan, and Omaha is for April 1, this official agency. Route 30; U.S. Route 30 east to the 2016, to March 31, 2021. To apply for Missouri River; the Missouri River north In Michigan designation or to request more to Iowa State Route 175; Iowa State information, contact Eric J. Jabs at the Bounded on the North by the northern Route 175 east to Iowa State Route 37; address listed above. Michigan State line. Iowa State Route 37 southeast to the Bounded on the East by the eastern eastern Monona County line. Request for Comments Michigan State line south and east to Bounded on the East by the eastern We are publishing this Notice to State Route 53; State Route 53 south to Monona County line; the southern provide interested persons the State Route 46; State Route 46 west to Monona County line west to Iowa State opportunity to comment on the quality

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of services provided by the North • Submit Comments Using the north to Bremer County; the southern Dakota, Champaign, Detroit, Eastern Internet: Go to Regulations.gov (http:// Bremer County line; the western Fayette Iowa, Enid, Keokuk, Michigan, and www.regulations.gov). Instructions for and Winneshiek County lines. Omaha official agencies. In the submitting and reading comments are Fremont, NE designation process, we are particularly detailed on the site. interested in receiving comments citing • Mail, Courier or Hand Delivery: Eric Pursuant to Section 79(f)(2) of the reasons and pertinent data supporting or J. Jabs, Deputy Director, USDA, GIPSA, United States Grain Standards Act, the objecting to the designation of the FGIS, QACD, 10383 North Ambassador following geographic area, in the States applicants. Submit all comments to Eric Drive, Kansas City, MO 64153. of Iowa and Nebraska, is assigned to this J. Jabs at the above address or at • Fax: Eric J. Jabs, 816–872–1257. official agency. http://www.regulations.gov. • Email: [email protected]. In Iowa We consider applications, comments, Read Applications and Comments: and other available information when All applications and comments will be Carroll (west of U.S. Route 71), Clay determining which applicants will be available for public inspection at the (west of U.S. Route 71), Crawford, designated. office above during regular business Dickinson (west of U.S. Route 71), hours (7 CFR 1.27(c)). Harrison (east of State Route 183), Authority: 7 U.S.C. 71–87k. O’Brien (north of County Road B24 and Eric FOR FURTHER INFORMATION CONTACT: east of U.S. Route 59), Osceola (east of Larry Mitchell, J. Jabs, 816–659–8408 or FGIS.QACD@ U.S. Route 59), and Shelby Counties. Administrator, Grain Inspection, Packers and usda.gov. Stockyards Administration. In Nebraska [FR Doc. 2016–07000 Filed 3–28–16; 8:45 am] SUPPLEMENTARY INFORMATION: Section 79(f) of the United States Grain Burt, Butler, Colfax, Cuming, Dodge, BILLING CODE 3410–KD–P Standards Act (USGSA) authorizes the Madison (east of U.S. Route 81), Pierce Secretary to designate a qualified (east of U.S. Route 81 and South of U.S. DEPARTMENT OF AGRICULTURE applicant to provide official services in Route 20), Platte, Polk, Saunders (west a specified area after determining that of U.S. Route 77), Stanton, Washington Grain Inspection, Packers and the applicant is better able than any (north of State Route 91), and Wayne Stockyards Administration (GIPSA) other applicant to provide such official Counties. services (7 U.S.C. 79 (f)). Under section The following grain elevators are part Opportunity for Designation in Cedar 79(g) of the USGSA, designations of of this geographic area assignment: In Rapids, IA; Fremont, NE; State of official agencies are effective for no Omaha Grain Inspection Service, Inc.’s Maryland; and West Lafayette, IN longer than five years, unless terminated area-Farmers Union Cooperative Areas; Request for Comments on the by the Secretary, and may be renewed Association and Krumel Grain and Official Agencies Servicing These according to the criteria and procedures Storage, Wahoo, Saunders County, Areas prescribed in section 79(f) of the Nebraska. The following grain elevators are not part of this geographic area AGENCY: Grain Inspection, Packers and USGSA. Stockyards Administration, USDA. assignment and are assigned to: Areas Open for Designation Hastings Grain Inspection, Inc.-Huskers ACTION: Notice. Cedar Rapids, IA Cooperative Grain Company, Columbus, Platte County, Nebraska; Omaha Grain SUMMARY: The designations of the Pursuant to Section 79(f)(2) of the official agencies listed below will end Inspection Service, Inc.-United Farmers United States Grain Standards Act, the Coop, Rising City, Butler County, and on June 30, 2016. We are asking persons following geographic area, in the States or governmental agencies interested in United Farmers Coop, Shelby, Polk of Minnesota and Iowa, is assigned to County, Nebraska. providing official services in the areas this official agency. presently served by these agencies to State of Maryland submit an application for designation. In Minnesota In addition, we are asking for comments Pursuant to Section 79(f)(2) of the Wabasha, Olmstead, Winona, United States Grain Standards Act, the on the quality of services provided by Houston, and Fillmore Counties. the following designated agencies: Mid- following geographic area, in the State Iowa Grain Inspection, Inc. (Mid-Iowa); In Iowa of Maryland, is assigned to this official agency. Fremont Grain Inspection Department, Bounded on the North by the northern Inc. (Fremont); Maryland Department of Winneshiek and Allamakee County In Maryland Agriculture (Maryland); and Titus Grain lines; The entire State of Maryland, for all Inspection, Inc. (Titus). Bounded on the East by the eastern domestic services and export services DATES: Applications and comments Allamakee County line; the eastern and not located at export port locations. must be received by April 28, 2016. southern Clayton County lines; the All export port locations within the ADDRESSES: Submit applications and eastern Buchanan County line; the State of Maryland are serviced by comments concerning this Notice using northern and eastern Jones County lines; GIPSA. any of the following methods: the eastern Cedar County line south to • Applying for Designation on the State Route 130; Lafayette, IN Internet: Use FGISonline (https://fgis. Bounded on the South by State Route Pursuant to Section 79(f)(2) of the gipsa.usda.gov/default_home_ 130 west to State Route 38; State Route United States Grain Standards Act, the FGIS.aspx) and then click on the 38 south to Interstate 80; Interstate 80 following geographic area, in the State Delegations/Designations and Export west to U.S. Route 63; of Indiana, is assigned to this official Registrations (DDR) link. You will need Bounded on the West by U.S. Route agency. to obtain an FGISonline customer 63 north to State Route 8; State Route number and USDA eAuthentication 8 east to State Route 21; State Route 21 In Indiana username and password prior to north to D38; D38 east to State Route Benton, Carroll (north of State Route applying. 297; State Route 297 north to V49; V49 25), Fountain (east of U.S. Route 41),

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Jasper (south of U.S. Route 24), Newton DEPARTMENT OF AGRICULTURE Public participation will be limited to (east of State Route 55 and south of U.S. written statements unless permission is Route 24), Pulaski, Tippecanoe, Warren Grain Inspection, Packers and received from the Committee (east of U.S. Route 41), and White Stockyards Administration Chairperson to orally address the Counties. Advisory Committee. The meeting will Advisory Committee Meeting be open to the public. The following grain elevators are part Persons with disabilities who require of this geographic area assignment: In AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. alternative means of communication of Champaign-Danville Grain Inspection program information or related Department, Inc.’s area-Boswell Chase ACTION: Notice of advisory committee meeting. accommodations should contact Terri L. Grain, Inc., Boswell, Benton County, Henry at the telephone number listed Indiana. In North Dakota Grain SUMMARY: Pursuant to the Federal above. Inspection Service, Inc.’s area-The Advisory Committee Act, this Andersons, Delphi, Carroll County; constitutes notice of the upcoming Larry Mitchell, Frick Services, Inc., Leiters Ford, Fulton meeting of the Grain Inspection, Packers Administrator, Grain Inspection, Packers and County; and Cargill, Inc./Valero and Stockyards Administration (GIPSA) Stockyards Administration. Renewable Fuels, LLC., Linden, Grain Inspection Advisory Committee [FR Doc. 2016–07004 Filed 3–28–16; 8:45 am] Montgomery County, Indiana. (Advisory Committee). The Advisory BILLING CODE 3410–KD–P Committee meets annually to advise the Opportunity for Designation GIPSA Administrator on the programs DEPARTMENT OF AGRICULTURE Interested persons or governmental and services that GIPSA delivers under the U.S. Grain Standards Act. agencies may apply for designation to Recommendations by the Advisory Grain Inspection, Packers and provide official services in the Committee help GIPSA better meet the Stockyards Administration geographic areas specified above under needs of its customers who operate in a Designation for the Pocatello, ID; the provisions of section 79(f) of the dynamic and changing marketplace. USGSA and 7 CFR 800.196. Designation Evansville, IN; Salt Lake City, UT; and DATES: May 17, 2016, 8:00 a.m. to 4:30 Columbia, SC Areas in the specified geographic areas in p.m.; and May 18, 2016, 8:00 a.m. to Cedar Rapids, IA is for the period noon. AGENCY: Grain Inspection, Packers and beginning July 1, 2016, to June 30, 2020. Stockyards Administration, USDA. Designation in the specified geographic ADDRESSES: The Advisory Committee meeting will take place at GIPSA’s ACTION: Notice. areas in Fremont, NE; State of Maryland; National Grain Center, 10383 N. and Lafayette, IN, is for the period SUMMARY: GIPSA is announcing the Ambassador Drive, Kansas City, beginning July 1, 2016, to June 30, 2021. designation of Idaho Grain Inspection Missouri 64153. Service (Idaho); Ohio Valley Grain To apply for designation or to request Requests to orally address the Inspection, Inc. (Ohio Valley); Utah more information, contact Eric J. Jabs at Advisory Committee during the meeting Department of Agriculture and Food the address listed above. or written comments may be sent to: (Utah); and South Carolina Department Administrator, GIPSA, U.S. Department Request for Comments of Agriculture (South Carolina) to of Agriculture, 1400 Independence provide official services under the Avenue SW., STOP 3601, Washington, We are publishing this Notice to United States Grain Standards Act DC 20250–3601. Requests and provide interested persons the (USGSA), as amended. opportunity to comment on the quality comments may also be faxed to (202) Effective October 1, 2015. of services provided by the Mid-Iowa, 690–2173. DATES: Fremont, Maryland, and Titus official FOR FURTHER INFORMATION CONTACT: ADDRESSES: Eric J. Jabs, Deputy Director, USDA, GIPSA, FGIS, QACD, 10383 agencies. In the designation process, we Terri L. Henry by phone at (202) 205– North Ambassador Drive, Kansas City, are particularly interested in receiving 8281 or by email at Terri.L.Henry@ MO 64153. comments citing reasons and pertinent usda.gov. Eric data supporting or objecting to the SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: designation of the applicants. Submit all purpose of the Advisory Committee is to J. Jabs, 816–659–8408 or Eric.J.Jabs@ usda.gov. comments to Eric J. Jabs at the above provide advice to the GIPSA Read Applications: All applications address or at http:// Administrator with respect to the and comments are available for public www.regulations.gov. implementation of the U.S. Grain Standards Act (7 U.S.C. 71–87k). inspection at the office above during We consider applications, comments, Information about the Advisory regular business hours (7 CFR 1.27(c)). and other available information when Committee is available on the GIPSA SUPPLEMENTARY INFORMATION: In the July determining which applicants will be Web site at http://www.gipsa.usda.gov/ 1, 2015, Federal Register (80 FR 37581), designated. fgis/adcommit.html. GIPSA requested applications for Authority: 7 U.S.C. 71–87k. The agenda will include service designation to provide official services delivery overview and the grain in the geographic areas presently Larry Mitchell, standards act, quality assurance and serviced by Idaho, Ohio Valley, Utah, Administrator, Grain Inspection, Packers and compliance updates, field management and South Carolina. Applications were Stockyards Administration. overview, international program due by July 31, 2015. [FR Doc. 2016–06997 Filed 3–28–16; 8:45 am] updates as they relate to outreach, and The current official agencies, Idaho, BILLING CODE 3410–KD–P technology and science initiatives. Ohio Valley, Utah, and South Carolina, For a copy of the agenda please were the only applicants for designation contact Terri L. Henry by phone at (202) to provide official services in these 205–8281 or by email at Terri.L.Henry@ areas. As a result, GIPSA did not ask for usda.gov. additional comments.

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GIPSA evaluated the designation Federal Register on July 1, 2015. This in the specified area of South Carolina criteria in section 79(f) of the USGSA (7 designation to provide official services is effective October 1, 2015, to U.S.C. 79(f)) and determined that Idaho, in the specified areas of Idaho, Ohio September 30, 2017. Ohio Valley, Utah, and South Carolina Valley, and Utah is effective October 1, Interested persons may obtain official are qualified to provide official services 2015, to September 30, 2018. This services by contacting these agencies at in the geographic area specified in the designation to provide official services the following telephone numbers:

Designation Designation Official agency Headquarters location and telephone start end

Idaho ...... Pocatello, ID, 208–233–8303 ...... 10/1/2015 9/30/2018 Ohio Valley ...... Evansville, IN, 812–423–9010 ...... 10/1/2015 9/30/2018 Utah ...... Salt Lake City, UT, 801–538–7100 ...... 10/1/2015 9/30/2018 South Carolina ...... Columbia, SC, 803–737–4597 ...... 10/1/2015 9/30/2017

Section 79(f) of the USGSA authorizes • Mail: Mail any paper, disk, or CD– Departments of Agriculture, and the Secretary to designate a qualified ROM submissions to: David Hancock, universities also use forecasts and applicant to provide official services in NASS Clearance Officer, U.S. estimates provided by these surveys. All a specified area after determining that Department of Agriculture, Room 5336 questionnaires included in this the applicant is better able than any South Building, 1400 Independence information collection will be other applicant to provide such official Avenue SW., Washington, DC 20250– voluntary. services (7 U.S.C. 79 (f)). 2024. Authority: These data will be • Hand Delivery/Courier: Hand collected under authority of 7 U.S.C. Larry Mitchell, deliver to: David Hancock, NASS 2204(a). Individually identifiable data Administrator, Grain Inspection, Packers and Clearance Officer, U.S. Department of collected under this authority are Stockyards Administration. Agriculture, Room 5336 South Building, governed by Section 1770 of the Food [FR Doc. 2016–06987 Filed 3–28–16; 8:45 am] 1400 Independence Avenue SW., Security Act of 1985 as amended, 7 BILLING CODE 3410–KD–P Washington, DC 20250–2024. U.S.C. 2276, which requires USDA to FOR FURTHER INFORMATION CONTACT: R. afford strict confidentiality to non- Renee Picanso, Associate Administrator, aggregated data provided by DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service, respondents. This Notice is submitted in accordance with the Paperwork National Agricultural Statistics Service U.S. Department of Agriculture, (202) 720–2707. Copies of this information Reduction Act of 1995 (Pub. L. 104–113) Notice of Intent to Request Revision collection and related instructions can and Office of Management and Budget and Extension of a Currently Approved be obtained without charge from David regulations at 5 CFR part 1320. NASS Information Collection Hancock, NASS—OMB Clearance also complies with OMB Officer, at (202) 690–2388 or at Implementation Guidance, AGENCY: National Agricultural Statistics [email protected]. ‘‘Implementation Guidance for Title V Service, USDA. SUPPLEMENTARY INFORMATION: of the E-Government Act, Confidential ACTION: Notice and request for Title: Fruits, Nuts, and Specialty Information Protection and Statistical comments. Crops Surveys. Efficiency Act of 2002 (CIPSEA),’’ OMB Control Number: 0535–0039. Federal Register, Vol. 72, No. 115, June SUMMARY: In accordance with the Expiration Date of Approval: August 15, 2007, p. 33362. Paperwork Reduction Act of 1995, this 31, 2016. Estimate of Burden: Public reporting notice announces the intention of the Type of Request: To revise and extend burden for this information collection is National Agricultural Statistics Service a currently approved information based on approximately 75 individual (NASS) to request revision and collection for a period of three years. surveys with expected response times of extension of a currently approved Abstract: The primary objective of the 5–65 minutes. The frequency of data information collection, the Fruits, Nuts, National Agricultural Statistics Service collection for the different surveys will and Specialty Crops Surveys. Revision (NASS) is to collect, prepare and issue include annual, seasonal, quarterly, to burden hours will be needed due to State and national estimates of crop and monthly, and one weekly survey. changes in the size of the target livestock production, prices, and Estimated number of responses per population, sample design, minor disposition; as well as economic respondent is 1.1. Publicity materials changes in questionnaire design, the statistics, environmental statistics and instruction sheets will account for addition of several reimbursable surveys related to agriculture and also to approximately 5 minutes of additional and an anticipated increase in response conduct the Census of Agriculture. burden per respondent. Respondents rates. The Fruits, Nuts, and Specialty Crops who refuse to complete a survey will be survey program collects information on Comments on this notice must be allotted 2 minutes of burden per attempt DATES: acreage, yield, production, price, and received by May 31, 2016 to be assured to collect the data. Several new surveys value of citrus and non-citrus fruits and of consideration. have been added to this information nuts and other specialty crops in States collection to account for some specialty ADDRESSES: You may submit comments, with significant commercial production. commodities in California. identified by docket number 0535–0039, The program provides data needed by Respondents: Producers, processors, by any of the following methods: the U.S. Department of Agriculture and and handlers. • Email: [email protected]. other government agencies to administer Estimated Number of Respondents: Include docket number above in the programs and to set trade quotas and 105,000. subject line of the message. tariffs. Producers, processors, other Estimated Total Annual Burden on • E-fax: (855) 838–6382. industry representatives, State Respondents: 27,000 hours.

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Comments: Comments are invited on: DATES: Comments on this notice must be governed by Section 1770 of the Food (a) Whether the proposed collection of received by May 31, 2016 to be assured Security Act of 1985 as amended, 7 information is necessary for the proper of consideration. U.S.C. 2276, which requires USDA to performance of the functions of the ADDRESSES: You may submit comments, afford strict confidentiality to non- agency, including whether the identified by docket number 0535–0037, aggregated data provided by information will have practical utility; by any of the following methods: respondents. This Notice is submitted in (b) the accuracy of the agency’s estimate • Email: [email protected]. accordance with the Paperwork of the burden of the proposed collection Include docket number above in the Reduction Act of 1995 (Pub. L. 104–113) of information including the validity of subject line of the message. and Office of Management and Budget the methodology and assumptions used; • E-fax: (855) 838–6382. regulations at 5 CFR part 1320. NASS (c) ways to enhance the quality, utility, • Mail: Mail any paper, disk, or CD– also complies with OMB and clarity of the information to be ROM submissions to: David Hancock, Implementation Guidance, collected; and (d) ways to minimize the NASS Clearance Officer, U.S. ‘‘Implementation Guidance for Title V burden of the collection of information Department of Agriculture, Room 5336 of the E-Government Act, Confidential on those who are to respond, through South Building, 1400 Independence Information Protection and Statistical the use of appropriate automated, Avenue SW., Washington, DC 20250– Efficiency Act of 2002 (CIPSEA),’’ electronic, mechanical, technological or 2024. Federal Register, Vol. 72, No. 115, June other forms of information technology • Hand Delivery/Courier: Hand 15, 2007, p. 33362. collection methods. deliver to: David Hancock, NASS Estimate of Burden: Public reporting burden for this collection of information All responses to this notice will Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, is estimated to be between 5 and 20 become a matter of public record and be minutes per respondent per survey. summarized in the request for OMB 1400 Independence Avenue SW., Washington, DC 20250–2024. Respondents: Farms and businesses. approval. Estimated Number of Respondents: R. Signed at Washington, DC, March 15, 2016. FOR FURTHER INFORMATION CONTACT: 20,000. Renee Picanso, Associate Administrator, R. Renee Picanso, Estimated Total Annual Burden on National Agricultural Statistics Service, Respondents: 6,000 hours. Associate Administrator. U.S. Department of Agriculture, (202) Comments: Comments are invited on: [FR Doc. 2016–07037 Filed 3–28–16; 8:45 am] 720–2707. Copies of this information (a) Whether the proposed collection of BILLING CODE 3410–20–P collection and related instructions can information is necessary for the proper be obtained without charge from David performance of the functions of the Hancock, NASS–OMB Clearance agency, including whether the DEPARTMENT OF AGRICULTURE Officer, at (202) 690–2388 or at information will have practical utility; [email protected]. (b) the accuracy of the agency’s estimate National Agricultural Statistics Service SUPPLEMENTARY INFORMATION: of the burden of the proposed collection of information including the validity of Notice of Intent To Request Revision Title: Vegetable Surveys Program. OMB Number: 0535–0037. the methodology and assumptions used; and Extension of a Currently Approved Expiration Date of Approval: July 31, (c) ways to enhance the quality, utility, Information Collection 2016. and clarity of the information to be Type of Request: Intent to Seek collected; and (d) ways to minimize the AGENCY: National Agricultural Statistics Service, USDA. Approval to Revise and Extend an burden of the collection of information Information Collection for 3 years. on those who are to respond, through ACTION: Notice and request for Abstract: The primary objective of the the use of appropriate automated, comments. National Agricultural Statistics Service electronic, mechanical, technological or (NASS) is to collect, prepare, and issue other forms of information technology SUMMARY: In accordance with the State and national estimates of crop and collection methods. Paperwork Reduction Act of 1995, this livestock production, prices, and All responses to this notice will notice announces the intention of the disposition; as well as economic become a matter of public record and be National Agricultural Statistics Service statistics, environmental statistics summarized in the request for OMB (NASS) to request revision and related to agriculture and also to approval. extension of a currently approved conduct the Census of Agriculture. The Signed at Washington, DC, March 15, 2016. information collection, the Vegetable Vegetable Surveys Program obtains R. Renee Picanso, Surveys Program. Revision to burden basic agricultural statistics for fresh Associate Administrator. hours will be needed due to changes in market and processing vegetables in the size of the target population, major producing States. Vegetable [FR Doc. 2016–07034 Filed 3–28–16; 8:45 am] sampling design, and/or questionnaire statistics are used by the U.S. BILLING CODE 3410–20–P length. Some of the vegetable Department of Agriculture to help production surveys will incorporate administer programs and by growers, sampling of the total population of processors, and marketers in making DEPARTMENT OF COMMERCE producers, while the processing surveys production and marketing decisions. will involve a total enumeration of the The vegetable estimation program now Submission for OMB Review; entire population. Changes are being consists of 25 selected crops. All Comment Request made to some of the questionnaires to questionnaires included in this The Department of Commerce will accommodate changes in the industry information collection will be submit to the Office of Management and and to make the questionnaires easier voluntary. Budget (OMB) for clearance the for the respondent to complete. This Authority: These data will be following proposal for collection of should help to reduce respondent collected under authority of 7 U.S.C. information under the provisions of the burden and improve the overall 2204(a). Individually identifiable data Paperwork Reduction Act (44 U.S.C. response rates. collected under this authority are chapter 35).

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Agency: Bureau of Industry and Socialist Republic of Vietnam January 11, 2016, the Department Security. (‘‘Vietnam’’) on September 14, 2015.1 extended the deadline for the final Title: National Security and Critical We gave interested parties an results to March 14, 2016.6 As explained Technology Assessments of the U.S. opportunity to comment on the in the memorandum from the Acting Industrial Base. Preliminary Results. Based upon our Assistant Secretary for Enforcement and Form Number(s): N/A. analysis of the comments and Compliance, the Department has OMB Control Number: 0694–0119. information received, we made changes exercised its discretion to toll all Type of Request: Regular. to the margin calculations for these final administrative deadlines due to the Burden Hours: 308,000 hours. results. The final dumping margins are recent closure of the Federal Number of Respondents: 28,000 listed below in the ‘‘Final Results of the Government.7 All deadlines in this respondents. Administrative Review’’ section of this segment of the proceeding have been Average Hours per Response: 8 to 14 notice. The period of review (‘‘POR’’) is extended by four business days. The hours per response. August 1, 2013, through July 31, 2014. revised deadline for the final results of Needs and Uses: The Department of DATES: Effective March 29, 2016. this administrative review is now March Commerce, in coordination with the FOR FURTHER INFORMATION CONTACT: Paul 18, 2016. Between February 11 and Department of Defense and other Walker or Javier Barrientos, AD/CVD February 22, 2016, interested parties Federal agencies, conducts survey Operations, Office V, Enforcement and submitted case and rebuttal briefs. On assessments of U.S. industrial base Compliance, International Trade March 3, 2016, the Department held a sectors deemed critical to U.S. national Administration, U.S. Department of closed hearing and a public hearing security. The information gathered is Commerce, 14th Street and Constitution limited to issues raised in the case and necessary to determine the health and Avenue NW., Washington, DC 20230; rebuttal briefs. competitiveness as well as the needs of telephone 202–482–0413 or 202–482– Scope of the Order these critical market segments in order 2243, respectively. to maintain a strong U.S. industrial SUPPLEMENTARY INFORMATION: The product covered by the order is base. Background frozen fish fillets, including regular, Affected Public: Businesses and other shank, and strip fillets and portions for-profit institutions. The Department published the thereof, whether or not breaded or Frequency: On occasion. Preliminary Results on September 14, marinated, of the species Pangasius 2 Respondent’s Obligation: Mandatory. 2015. The Department conducted a Bocourti, Pangasius Hypophthalmus This information collection request verification of Thuan An Production (also known as Pangasius Pangasius) may be viewed at www.reginfo.gov. Trading and Service Co., Ltd. and Pangasius Micronemus. These Follow the instructions to view the (‘‘Tafishco’’) and its tollers between products are classifiable under tariff Department of Commerce collections September 21, 2015, through October 6, article code 0304.62.0020 (Frozen Fish currently under review by OMB. 2015.3 The Department also conducted 4 Fillets of the species Pangasius, Written comments and a verification of the Hung Vuong Group including basa and tra), and may enter recommendations for the proposed (‘‘HVG’’) between November 10, 2015, 5 under tariff article codes 0305.59.0000, information collection should be sent through November 24, 2015. On 1604.19.2100, 1604.19.3100, within 30 days of publication of this 1 1604.19.4100, 1604.19.5100, notice to OIRA Submission@ See Certain Frozen Fish Fillets from the Socialist 1604.19.6100 and 1604.19.8100 of the omb.eop.gov or fax to (202) 395–5806. Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Harmonized Tariff Schedule of the Dated: March 23, 2016. Administrative Review; 2013–2014, 80 FR 55092 United States (‘‘HTSUS’’).8 Although (September 14, 2015) (‘‘Preliminary Results’’) and Glenna Mickelson, accompanying Preliminary Decision Memorandum 6 Management Analyst, Office of the Chief (‘‘Preliminary Decision Memo’’). See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Information Officer. 2 See Preliminary Results. Countervailing Duty Operations, through James C. 3 See Memorandum to the File, from Jerry Huang, [FR Doc. 2016–06985 Filed 3–28–16; 8:45 am] Doyle, Director, Office V, Antidumping and International Trade Analyst, Office V, and Javier Countervailing Duty Operations from Jerry Huang, BILLING CODE 3510–33–P Barrientos, International Trade Analyst, Office V, International Trade Analyst, Office V, Antidumping ‘‘Verification of the Sales and Factors of Production and Countervailing Duty Operations, ‘‘Certain Responses of Thuan An Production Trading and Frozen Fish Fillets from the Socialist Republic of DEPARTMENT OF COMMERCE Service Co., Ltd. in the 2013–2014 Administrative Review of Certain Frozen Fish Fillets from the Vietnam: Extension of Deadline for Final Results of Socialist Republic of Vietnam,’’ dated February 2, Antidumping Duty Administrative Review,’’ dated International Trade Administration 2016. January 11, 2016. 7 4 See Memorandum to the Record from Ron [A–552–801] The Hung Vuong Group includes: An Giang Fisheries Import & Export Joint Stock Company, Lorentzen, Acting A/S for Enforcement & Asia Pangasius Company Limited (‘‘Asia Compliance, ‘‘Tolling of Administrative Deadlines Certain Frozen Fish Fillets From the Pangasius’’), Europe Joint Stock Company, Hung As a Result of the Government Closure During Socialist Republic of Vietnam: Final Vuong Joint Stock Company, Hung Vuong Mascato Snowstorm Jonas,’’ dated January 27, 2016. Results and Partial Rescission of Company Limited, Hung Vuong—Vinh Long Co., 8 Until June 30, 2004 these products were Ltd., and Hung Vuong—Sa Dec Co., Ltd. See Certain classifiable under HTSUS 0304.20.6030, Antidumping Duty Administrative Frozen Fish Fillets from the Socialist Republic of 0304.20.6096, 0304.20.6043 and 0304.20.6057. Review; 2013–2014 Vietnam: Final Results of the Antidumping Duty From July 1, 2004 until December 31, 2006 these Administrative Review and New Shipper Review; products were classifiable under HTSUS AGENCY: Enforcement and Compliance, 2011–2012, 79 FR 19053 (April 7, 2014) and 0304.20.6033. From January 1, 2007 until December International Trade Administration, accompanying Issues and Decision Memorandum at 31, 2011 these products were classifiable under Department of Commerce. 3. HTSUS 0304.29.6033. On March 2, 2011 the 5 See Memorandum to the File, from Javier Department added two HTSUS numbers at the SUMMARY: The Department of Commerce Barrientos, International Trade Analyst, Office V, request of U.S. Customs and Border Protection (‘‘the Department’’) published the and Kenneth Hawkins, International Trade Analyst, (‘‘CBP’’) that the subject merchandise may enter Preliminary Results of the 11th Office V, ‘‘Verification of the Sales and Factors of under: 1604.19.2000 and 1604 19.3000, which were administrative review of the Production Responses of Agifish and HVG in the changed to 1604.19.2100 and 1604.19.3100 on 2013–2014 Administrative Review of Certain January 1, 2012. On January 1, 2012 the Department antidumping duty order on certain Frozen Fish Fillets from the Socialist Republic of added the following HTSUS numbers at the request frozen fish fillets (‘‘fish fillets’’) from the Vietnam,’’ dated February 5, 2016. Continued

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the HTSUS subheadings are provided Final Determination of No Shipments below, and consistent with Comment for convenience and customs purposes, In the Preliminary Results, the VII of the Issues and Decision the written description of the scope of Department preliminarily determined Memorandum, the Department is the order is dispositive.9 that An Giang Agriculture and Food rescinding this review with respect to NTACO and Nam Phuong. Consistent Analysis of Comments Received Import-Export Joint Stock Company, Asia Commerce Fisheries Joint Stock with Comment IV of the Issues and All issues raised in the case and Company, Binh An Seafood Joint Stock Decision Memorandum, the Department finds that Asia Pangasius is a part of rebuttal briefs by parties in this review Company, Dai Thanh Seafoods HVG, and is eligible for a separate rate. are addressed in the Issues and Decision Company Limited, Fatifish Company Consistent with Comment V of the Memorandum. A list of the issues which Limited, Golden Quality Seafood Corporation, Hiep Thanh Seafood Joint Issues and Decision Memorandum, and parties raised is attached to this notice as noted above, the Department finds as an appendix. The Issues and Decision Stock Company, Hoa Phat Seafood Import-Export and Processing JSC, Ngoc that Thufico is a part of QVD, and made Memorandum is a public document and Ha Co., Ltd. Food Processing and no shipments during the POR. As a is on file in the Central Records Unit Trading, Quang Minh Seafood result of these decisions, we no longer (‘‘CRU’’), Room B8024 of the main Company, Limited, QVD Food Company find that Asia Pangasius, Nam Phuong, Department of Commerce building, as (‘‘QVD’’),11 Ltd., Saigon-Mekong Fishery NTACO and Thufico are a part of the well as electronically via Enforcement Co., Ltd., Southern Fisheries Industries Vietnam-wide entity. and Compliance’s Antidumping and Company, Ltd., TG Fishery Holdings Consistent with Comment III of the Countervailing Duty Centralized Corporation, and To Chau Joint Stock Issues and Decision Memorandum, we Electronic Service System (‘‘ACCESS’’). Company (collectively ‘‘No Shipment find that two of Tafishco’s ACCESS is available to registered users Companies’’) did not have any uncooperative tollers are a part of the at http://access.trade.gov and in the reviewable transactions during the Vietnam-wide entity. Consistent with CRU. In addition, a complete version of POR.12 Consistent with the Comment VI of the Issues and Decision the Issues and Decision Memorandum Department’s refinement to its Memorandum, we find that Caseamex is can be accessed directly on the Internet assessment practice in non-market not entitled to a separate rate. Moreover, at http://enforcement.trade.gov/frn/ economy (‘‘NME’’) cases, we completed Thien Ma did not submit completed a index.html. The signed Issues and the review with respect to the above- separate rate application or certification. Decision Memorandum and the named companies.13 Based on the Accordingly, for the final results, the electronic version of the Issues and certifications submitted by No Shipment Department finds that Tafishco’s Decision Memorandum are identical in Companies, we continue to determine uncooperative tollers, Caseamex, and content. that these companies did not have any Thien Ma are a part of the Vietnam-wide reviewable transactions during the POR. entity. Changes Since the Preliminary As noted in the ‘‘Assessment Rates’’ Partial Rescission of Administrative Results section below, the Department intends Review to issue appropriate instructions to CBP Based on a review of the record and for the above-named companies based In accordance with 19 CFR 351.214(j), comments received from interested on the final results of the review. and in accordance with our decision in parties regarding our Preliminary Comment VII of the Issues and Decision Results, and for the reasons explained in Vietnam-Wide Entity Memorandum, the Department is the Issues and Decision Memorandum, We noted in the Preliminary Results rescinding this review with respect to we revised the margin calculations for that a review was requested, but not NTACO and Nam Phuong. HVG and Tafishco. The Surrogate rescinded, for Asia Pangasius, Nam Values Memo contains further Phuong Seafood Co., Ltd. (‘‘Nam Final Results of the Review explanation of our changes to the Phuong’’), NTACO Corporation The dumping margins for the final surrogate values selected for HVG’s and (‘‘NTACO’’), Thien Ma Seafood Co., Ltd. results of this administrative review are Tafishco’s factors of production.10 (‘‘Thien Ma’’), and Thufico.14 As noted as follows:

Weighted- Exporter average margin (dollars/kilogram) 15

Hung Vuong Group ...... 0.41 Thuan An Production Trading and Services Co., Ltd ...... 0.97 Basa Joint Stock Company ...... 0.69

of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100, Case Analyst, ‘‘Eleventh Administrative Review of 12 See Preliminary Results, 80 FR at 55093. 1604.19.5100, 1604.19.6100 and 1604.19.8100. Certain Frozen Fish Fillets from the Socialist 13 See Non-Market Economy Antidumping 9 For a complete description of the scope of the Republic of Vietnam: Surrogate Values for the Final Proceedings: Assessment of Antidumping Duties, 76 order, see Memorandum to Paul Piquado, Assistant Results,’’ dated concurrently with this notice. FR 65694, 65694–65695 (October 24, 2011). 11 Secretary for Enforcement and Compliance, from This rate is also applicable to QVD Dong Thap 14 See Initiation of Antidumping and Christian Marsh, Deputy Assistant Secretary for Food Co., Ltd. (‘‘QVD Dong Thap’’) and Thuan Countervailing Duty Administrative Reviews, 79 FR Antidumping and Countervailing Duty Operations, Hung Co., Ltd. (‘‘Thufico’’). In the second review of 58729 (September 30, 2014); Preliminary Results, 80 ‘‘Certain Frozen Fish Fillets from the Socialist this order, the Department found QVD, QVD Dong FR at 55093. Republic of Vietnam: Issues and Decision Thap and Thufico to be a single entity and, because Memorandum for the Final Results of the 11th there have been no changes to this determination 15 In the third administrative review of this order, Antidumping Duty Administrative Review; 2013– since that administrative review, we continue to the Department determined that it would calculate 2014,’’ at 2–3 (‘‘Issues and Decision find these companies to be part of a single entity. per-unit assessment and cash deposit rates for all Memorandum’’), dated concurrently with and See Certain Frozen Fish Fillets from the Socialist future reviews. See Certain Frozen Fish Fillets from hereby adopted by this notice. Republic of Vietnam: Preliminary Results of the Socialist Republic of Vietnam: Final Results of 10 See Memorandum to the File, through Paul Antidumping Duty Administrative Review, 71 FR Antidumping Duty Administrative Review and Walker, Program Manager, from Javier Barrientos, 53387 (September 11, 2006). Partial Rescission, 73 FR 15479 (March 24, 2008).

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Weighted- Exporter average margin (dollars/kilogram) 15

Cadovimex II Seafood Import-Export and Processing Joint Stock Company ...... 0.69 Cafatex Corporation ...... 0.69 C.P. Vietnam Corporation ...... 0.69 Cuu Long Fish Joint Stock Company ...... 0.69 East Sea Seafoods LLC ...... 0.69 GODACO Seafood Joint Stock Company ...... 0.69 Green Farms Seafood Joint Stock Company ...... 0.69 Hoang Long Seafood Processing Company Limited ...... 0.69 Nam Viet Corporation ...... 0.69 NTSF Seafoods Joint Stock Company ...... 0.69 Seafood Joint Stock Company No. 4—Branch Dong Tam Fisheries Processing Company ...... 0.69 Viet Phu Foods and Fish Corporation ...... 0.69 Vinh Quang Fisheries Joint-Stock Company ...... 0.69

Disclosure numbers (i.e., at that exporter’s rate) will prior to liquidation of the relevant The Department will disclose be liquidated at the Vietnam-wide entries during this POR. Failure to 16 calculations performed for these final rate. comply with this requirement could result in the Department’s presumption results to the parties within five days of Cash Deposit Requirements the date of publication of this notice, in that reimbursement of antidumping The following cash deposit accordance with section 351.224(b) of duties occurred and the subsequent requirements will be effective upon the Department’s regulations. assessment of doubled antidumping publication of the final results of this duties. Assessment Rates administrative review for all shipments of the subject merchandise entered, or Notification Regarding Administrative Pursuant to section 751(a)(2)(A) of the Protective Order Act and 19 CFR 351.212(b), the withdrawn from warehouse, for Department will determine, and CBP consumption on or after the publication This notice also serves as a reminder shall assess, antidumping duties on all date, as provided for by section to parties subject to administrative appropriate entries of subject 751(a)(2)(C) of the Act: (1) For the protective order (‘‘APO’’) of their merchandise in accordance with the exporters listed above, the cash deposit responsibility concerning the return or final results of this review. The rate will be the rate established in the destruction of proprietary information Department intends to issue appropriate final results of review (except, if the rate disclosed under APO in accordance assessment instructions directly to CBP is zero or de minimis, i.e., less than 0.5 with 19 CFR 351.305, which continues 15 days after publication of the final percent, a zero cash deposit rate will be to govern business proprietary results of this administrative review. required for that company); (2) for information in this segment of the For assessment purposes, we previously investigated or reviewed proceeding. Timely written notification calculated importer (or customer)- Vietnamese and non-Vietnamese of the return or destruction of APO specific assessment rates for exporters not listed above that have materials, or conversion to judicial merchandise subject to this review. We separate rates, the cash deposit rate will protective order, is hereby requested. will continue to direct CBP to assess continue to be the exporter-specific rate Failure to comply with the regulations importer specific assessment rates based published for the most recent period; (3) and terms of an APO is a violation on the resulting per-unit (i.e., per kg) for all Vietnamese exporters of subject which is subject to sanction. rates by the weight in kgs of each entry merchandise which have not been We are issuing and publishing these of the subject merchandise during the found to be entitled to a separate rate, administrative reviews and notice in POR. Specifically, we calculated the cash deposit rate will be the accordance with sections 751(a)(l) and importer specific duty assessment rates Vietnam-wide rate of $2.39 per kg; and 777(i) of the Act. (4) for all non-Vietnamese exporters of on a per-unit rate basis by dividing the Dated: March 18, 2016. subject merchandise which have not total dumping margins (calculated as Paul Piquado, the difference between normal value received their own rate, the cash deposit rate will be the rate applicable to the Assistant Secretary for Enforcement and and export price, or constructed export Compliance. price) for each importer by the total Vietnamese exporters that supplied that sales quantity of subject merchandise non-Vietnamese exporter. The deposit Appendix requirements, when imposed, shall sold to that importer during the POR. If List of Topics Discussed in the Final an importer (or customer)-specific remain in effect until further notice. Decision Memorandum assessment rate is de minimis (i.e., less Notification to Importers Regarding the Comment I Application of Facts Available than 0.50 percent), the Department will Reimbursement of Duties to HVG and Tafishco instruct CBP to assess that importer (or Comment II Application of Facts Available This notice also serves as a final customer’s) entries of subject to HVG’s Farming Factors merchandise without regard to reminder to importers of their Comment III Application of Adverse Facts antidumping duties, in accordance with responsibility under 19 CFR 351.402(f) Available to Certain Tafishco’s Tollers 19 CFR 351.106(c)(2). to file a certificate regarding the Comment IV Assignment of Vietnam-wide The Department determines that No reimbursement of antidumping duties Rate to Asia Pangasius and HVG Comment V Assignment of Vietnam-wide Shipment Companies did not have any 16 See Non-Market Economy Antidumping Rate to QVD Food Company Ltd. reviewable transactions during the POR. Proceedings: Assessment of Antidumping Duties, 76 Comment VI Assignment of Vietnam-wide As a result, any suspended entries that FR 65694 (October 24, 2011); see also Preliminary Rate to Can Tho Import-Export Joint entered under these exporter’s case Decision Memo at 4–5. Stock Company

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Comment VII Rescission of Review with public repositories listed at http://www. comment. Additionally, the Trustees Respect to NTACO Corporation and Nam gulfspillrestoration.noaa.gov. solicited public input through a variety Phuong Seafood Company Ltd. FOR FURTHER INFORMATION CONTACT: of mechanisms, including electronic Comment VIII Combination Rates communications, Trustee Council and Comment IX Surrogate Value for Fish Feed Courtney Groeneveld at gulfspill. Comment X Surrogate Value for Fingerlings [email protected], mail to: individual Trustee public Web sites, Comment XI Surrogate Value for Water [email protected]. and a public comment portal for public comment collection. The Trustees Comment XII Application of Marine SUPPLEMENTARY INFORMATION: Insurance prepared the Final PDARP/PEIS in Comment XIII Packing Background consideration of the public comments A. Packing Type Should Not be a Physical On February 17, 2011, the Trustees received and included a summary of the Characteristic comments and responses in the Final B. Tafishco’s Packing Materials Factors of initiated a 90-day formal scoping and public comment period for the Draft PDARP/PEIS. Production Usage Rates A Notice of Availability of the Final PDARP/PEIS (76 FR 9327) through a C. Surrogate Value for Strap PDARP/PEIS was published in the Notice of Intent (NOI) to Begin D. Surrogate Value for Tape Federal Register on February 19, 2016 Comment XIV By-Products Restoration Scoping and Prepare a Gulf (81 FR 8483). In the Final PDARP/PEIS, A. Whether to Value Certain By-products Spill Restoration Planning PEIS. The the Deepwater Horizon Trustees B. Surrogate Value for Fish Waste Trustees conducted the scoping in presented their findings on the Comment XV Customs Instructions accordance with OPA (15 CFR extensive injuries to multiple habitats, [FR Doc. 2016–07072 Filed 3–28–16; 8:45 am] 990.14(d)), NEPA (40 CFR 1501.7), and biological species, ecological functions, BILLING CODE 3510–DS–P State authorities. That NOI requested and geographic regions across the public input to identify and evaluate a northern Gulf of Mexico that occurred range of restoration types that could be DEPARTMENT OF COMMERCE as a result of the Deepwater Horizon used to fully compensate the public for incident, as well as their programmatic National Oceanic and Atmospheric the environmental and recreational use plan, including funding allocations, for Administration damages caused by the spill, as well as restoring those resources and the develop procedures to select and RIN 0648–XE201 services they provide. The Final implement restoration projects that will PDARP/PEIS describes the framework compensate the public for the natural Notice of Availability of the Deepwater by which subsequent project specific resource damages caused by the spill. restoration plans will be developed. Horizon Oil Spill Record of Decision As part of the scoping process, the (ROD) for the Final Programmatic As documented in the Record of Trustees hosted public meetings across Decision (ROD) signed on March 22, Damage Assessment and Restoration all the Gulf States during Spring 2011. Plan and Final Programmatic 2016, the Trustees have: Determined the A Notice of Availability of the Draft extent of injury to natural resources and Environmental Impact Statement (Final PDARP/PEIS was published in the PDARP/PEIS) services caused by the Deepwater Federal Register on October 5, 2015 (80 Horizon oil spill incident; analyzed AGENCY: National Marine Fisheries FR 60126). The Draft PDARP/PEIS alternatives to restore those injuries; Service (NMFS), National Oceanic and presented the assessment of impacts of considered environmental impacts Atmospheric Administration (NOAA), the Deepwater Horizon incident on associated with the restoration Commerce. natural resources in the Gulf of Mexico alternatives, including the extent to ACTION: Notice of availability of a and on the services those resources which any adverse impacts could be Record of Decision. provide, and determined the restoration mitigated; considered public and agency needed to compensate the public for comments; considered the funding SUMMARY: In accordance with the Oil these impacts. The Draft PDARP/PEIS allocations required for restoration; and Pollution Act of 1990 (OPA) and the presented four programmatic developed a governance approach for National Environmental Policy Act alternatives evaluated in accordance implementing restoration. Based on (NEPA), notice is hereby given that the with OPA and NEPA: these considerations and the Deepwater Horizon Federal and State • Alternative A (Preferred determination of injury, the ROD natural resource trustee agencies Alternative): Comprehensive Integrated presents the Trustees’ decision to select (Trustees) have issued a Record of Ecosystem Restoration Plan based on their Preferred Alternative, Alternative Decision (ROD) for the Final programmatic Trustee goals; A: Comprehensive Integrated Ecosystem Programmatic Damage Assessment and • Alternative B: Resource-Specific Restoration and the associated funding Restoration Plan and Final Restoration Plan based on programmatic allocation, for implementation. The Programmatic Environmental Impact Trustee goals; Trustees also conclude that all Statement (Final PDARP/PEIS). Based • Alternative C: Continued Injury practicable means to avoid, minimize, on the Trustees’ injury determination Assessment and Defer Comprehensive or compensate for environmental harm established in the Final PDARP/PEIS, Restoration Plan; and from the action have been considered the ROD sets forth the basis for the • Alternative D: No Action/Natural programmatically in the PDARP/PEIS, Trustees’ decision to select Alternative Recovery. and that project-specific measures will A: Comprehensive Integrated Ecosystem The Trustees provided the public be adopted at a later date during Alternative. The Trustees’ selection of with 60 days to review and comment on subsequent restoration planning. this alternative includes the funding the Draft PDARP/PEIS. The Trustees The Trustees considered this allocations established in the Final held public meetings in Houma, LA; programmatic restoration planning PDARP/PEIS. Long Beach, MS; New Orleans, LA; decision in light of the proposed ADDRESSES: Obtaining Documents: You Mobile, AL; Pensacola, FL; St. settlement among BP, the United States, may download the ROD at http://www. Petersburg, FL; Galveston, TX; and and the States of Louisiana, Mississippi, gulfspillrestoration.noaa.gov or http:// Washington, DC, to facilitate public Alabama, Florida, and Texas to resolve www.doi.gov/deepwaterhorizon. You understanding of the document and BP’s liability for natural resource may also view the ROD at any of the provide opportunity for public damages associated with the Deepwater

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Horizon incident. Under this proposed SUMMARY: In accordance with authorizations for the incidental settlement, BP would pay a total of $8.1 regulations implementing the Marine harassment of marine mammals. Within billion for restoration to address natural Mammal Protection Act (MMPA) as 45 days of the close of the comment resource injuries (this includes $1 amended, notification is hereby given period, NMFS must either issue or deny billion already committed for early that NMFS has issued an Incidental the authorization. restoration), plus up to an additional Harassment Authorization (IHA) to the Summary of Request $700 million to respond to natural Washington State Department of resource damages unknown at the time Transportation (WSDOT) to take, by On June 9, 2015 WSDOT submitted a of the settlement and/or to provide for harassment, small numbers of 10 request to NOAA requesting an IHA for adaptive management. The proposed species of marine mammals incidental the possible harassment of small Consent Decree for the proposed to construction activities for the numbers of marine mammal species settlement was the subject of a separate Coupeville Timber Tower Preservation incidental to construction associated public notice and comment process; the Project in Washington State, between with the Coupeville Timber Towers Notice of Lodging of the proposed July 15, 2016, and July 14, 2017. Preservation Project at the Coupeville Ferry Terminal in Washington State, Consent Decree under the Clean Water DATES: This authorization is effective Act and Oil Pollution Act was from July 15, 2016, through July 14, between July 15, 2016, and July 14, 2017. On September 22, WSDOT published in the Federal Register on 2017. October 5, 2015 (80 FR 60180). submitted a revised IHA application FOR FURTHER INFORMATION CONTACT: which incorporated rigorous monitoring Administrative Record Shane Guan, Office of Protected and mitigation measures that would The documents included in the Resources, NMFS, (301) 427–8401. prevent the take of humpback whales Administrative Record for the final SUPPLEMENTARY INFORMATION: and the Southern Resident killer PDARP/PEIS decision can be viewed Background whales, which are listed under the electronically at the following location: Endangered Species Act (ESA). The Sections 101(a)(5)(A) and (D) of the http://www.doi.gov/deepwaterhorizon/ revised IHA application requests the MMPA (16 U.S.C. 1361 et seq.) direct adminrecord. take of small numbers of 10 marine The Trustees opened a publicly the Secretary of Commerce to allow, mammal species incidental to the available Administrative Record for the upon request, the incidental, but not Coupeville Timber Towers Preservation Natural Resource Damage Assessment intentional, taking of small numbers of Project. NMFS determined that the IHA for the Deepwater Horizon oil spill, marine mammals by U.S. citizens who application was complete on October 1, including restoration planning engage in a specified activity (other than 2015. NMFS proposed to authorize the activities, concurrently with publication commercial fishing) within a specified Level B harassment of the following of a 2010 Notice of Intent to Conduct geographical region if certain findings marine mammal species/stocks: harbor Restoration Planning (75 FR 60802) are made and either regulations are seal, California sea lion, Steller sea lion (pursuant to 15 CFR 990.45). issued or, if the taking is limited to (eastern Distinct Population Segment, or harassment, a notice of a proposed DPS), northern elephant seal, killer Authorities authorization is provided to the public whale (West Coast transient stock), gray The authorities for this action are the for review. whale, minke whale, harbor porpoise, Oil Pollution Act of 1990 (33 U.S.C. An authorization for incidental Dall’s porpoise, and Pacific white-sided 2701 et seq.) and the implementing takings shall be granted if NMFS finds dolphin. Natural Resource Damage Assessment that the taking will have a negligible Description of the Specified Activity regulations found at 15 CFR part 990, impact on the species or stock(s), will and the National Environmental Policy not have an unmitigable adverse impact A detailed description of the Act of 1969 (42 U.S.C. 4321 et seq.). on the availability of the species or WSDOT’s Coupeville Timber Towers stock(s) for subsistence uses (where Preservation Project is provided in the Dated: March 23, 2016. relevant), and if the permissible Federal Register notice for the proposed Eileen Sobeck, methods of taking and requirements IHA (81 FR 3378; January 21, 2016). Assistant Administrator for Fisheries, pertaining to the mitigation, monitoring WSDOT proposes to conduct National Marine Fisheries Service. and reporting of such takings are set Coupeville Timber Towers Preservation [FR Doc. 2016–06979 Filed 3–28–16; 8:45 am] forth. NMFS has defined ‘‘negligible Project at the Washington Coupeville BILLING CODE 3510–22–P impact’’ in 50 CFR 216.103 as ‘‘. . . an Ferry Terminal on Whidbey Island, impact resulting from the specified Washington (Figure 1–2 of the IHA activity that cannot be reasonably application), to upgrade the existing DEPARTMENT OF COMMERCE expected to, and is not reasonably likely transfer span towers at the Coupeville to, adversely affect the species or stock Ferry Terminal. These activities include National Oceanic and Atmospheric through effects on annual rates of impact pile driving and vibratory pile Administration recruitment or survival.’’ removal. RIN 0648–XE234 Section 101(a)(5)(D) of the MMPA Eight 24-inch diameter hollow steel established an expedited process by piles would be installed to support the Taking of Marine Mammals Incidental which citizens of the U.S. can apply for towers, and concrete caps will be to Specified Activities; Coupeville a one-year authorization to incidentally installed on top of the towers in order Timber Towers Preservation Project take small numbers of marine mammals to support the headframe that houses by harassment, provided that there is no the pulleys for the transfer span cables. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and potential for serious injury or mortality Five to seven 12-inch timber piles Atmospheric Administration (NOAA), to result from the activity. Section would be removed to allow room for the Commerce. 101(a)(5)(D) establishes a 45-day time new steel piles to be installed. The limit for NMFS review of an application remaining tower timber piles would Notice; issuance of an incidental ACTION: followed by a 30-day public notice and remain in place to help support the take authorization. comment period on any proposed structure. Up to 6 temporary 24-inch

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diameter hollow steel piles would be expected to take 8 working days to included the mitigation, monitoring, installed to support the transfer span complete the pile driving and removal and reporting measures contained in the and towers cable systems during activities. proposed authorization in the issued construction. All pile installation would Since that time, no changes have been IHA. be using impact pile driving. made to the proposed construction activities. Therefore, a detailed Description of Marine Mammals in the Temporary steel piles would be description is not provided here. Please Area of the Specified Activity removed with a vibratory hammer. refer to that Federal Register notice for Timber piles would be removed with a the description of the specific activity. The marine mammal species under vibratory hammer or by direct pull NMFS jurisdiction in the proposed using a chain wrapped around the pile. Comments and Responses construction area include Pacific harbor Although timber piles may be removed A notice of NMFS’ proposal to issue seal (Phoca vitulina richardsi), northern by means unlikely to result in an IHA to WSDOT was published in the elephant seal (Mirounga angustirostris), harassment of marine mammals, we Federal Register on January 21, 2016. California sea lion (Zalophus assume for purposes of this analysis that That notice described, in detail, californianus), Steller sea lion all timber piles would be removed with WSDOT’s activity, the marine mammal (Eumetopias jubatus), killer whale a vibratory hammer. The crane operator species that may be affected by the (Orcinus orca) (transient and Southern would take measures to reduce activity, and the anticipated effects on Resident stocks), Eastern North Pacific turbidity, such as vibrating the pile marine mammals. During the 30-day gray whale (Eschrichtius robustus), slightly to break the bond between the public comment period, NMFS received humpback whale (Megaptera pile and surrounding soil, and removing comments only from the Marine novaeangliae), minke whale the pile slowly; or if using direct pull, Mammal Commission (Commission). (Balaenoptera acutorostrata), harbor keep the rate at which piles are removed Specific comments and responses are porpoise (Phocoena phocoena), Dall’s low enough to meet regulatory turbidity provided below. limit requirements. If piles are so Comment 1: The Commission porpoise (P. dalli), and Pacific white- deteriorated they cannot be removed recommends that NMFS issue the sided dolphin (Lagenorhynchus using either the vibratory or direct pull requested incidental harassment obliquidens). The Western North Pacific method, the operator would use a authorization, subject to inclusion of the gray whale has been observed off the clamshell to pull the piles from below proposed mitigation, monitoring, and Northwest Pacific; however, the the mudline. All work would occur in reporting measures. occurrence of this gray whale water depths between ¥10 and ¥20 Response: NMFS concurs with the population in the vicinity of the project feet mean lower-low water. It is Commission’s recommendation and has area is very unlikely.

TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN REGION OF ACTIVITY

Species ESA status MMPA status Occurrence.

Harbor Seal ...... Not listed ...... Non-depleted ...... Frequent. California Sea Lion ...... Not listed ...... Non-depleted ...... Frequent. Northern Elephant Seal ...... Not listed ...... Non-depleted ...... Occasional. Steller Sea Lion (eastern DPS) ...... Not listed ...... Under review ...... Rare. Harbor Porpoise ...... Not listed ...... Non-depleted ...... Frequent. Dall’s Porpoise ...... Not listed ...... Non-depleted ...... Occasional. Pacific White-sided dolphin ...... Not listed ...... Non-depleted ...... Occasional. Killer Whale ...... Endangered (Southern Resident) ...... Depleted ...... Occasional. Killer whale ...... Not listed (transient) ...... Non-depleted ...... Occasional. Gray Whale ...... Delisted (Eastern North Pacific) ...... Unclassified ...... Occasional. Humpback Whale ...... Endangered ...... Depleted ...... Rare. Minke Whale ...... Not listed ...... Non-depleted ...... Rare.

General information on the marine humpback whale could be delisted from No instances of hearing threshold shifts mammal species found in Washington the ESA list if the review determines (TS), injury, serious injury, or mortality coastal waters can be found in Caretta that this population has recovered are expected as a result of WSDOT’s et al. (2015), which is available at the significantly. activities because the relatively low following URL: http://www.nmfs.noaa. received levels from the sources. In Potential Effects of the Specified addition, marine mammals are likely to gov/pr/sars/pdf/pacific_sars_2014_ Activity on Marine Mammals final_noaa_swfsc_tm_549.pdf. Refer to avoid the immediate vicinity of the pile that document for information on these The effects of underwater noise from driving area to avoid TS. species. A list of marine mammals in in-water pile removal and pile driving Potential Effects on Marine Mammal the vicinity of the action and their status associated with the Coupeville Timber Habitat are provided in Table 1. Specific Towers Preservation Project has the information concerning these species in potential to result in behavioral The primary potential impacts to the vicinity of the proposed action area harassment of marine mammal species marine mammals and other marine is provided in detail in the WSDOT’s and stocks in the vicinity of the action species are associated with elevated IHA application. Currently, NMFS is area. The Notice of Proposed IHA (81 FR sound levels, but the project may also conducting a review of the discrete 3378; January 21, 2016) included a result in additional effects to marine population segments (DPS) of discussion of the effects of mammal prey species and short-term humpback whales for potential anthropogenic noise on marine local water turbidity caused by in-water delisting, and the Northeast Pacific mammals, which is not repeated here. construction due to pile removal and

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pile driving. These potential effects and Establishment of Exclusion Zone and overall average value of 171 dB (rms) re the significance of any important marine Level B Harassment Zones of Influence 1 mPa. Distances from hydrophone to mammal habitat are discussed in detail Before the commencement of in-water pile ranged between 6 and 11 m in the Federal Register notice for the pile driving activities, WSDOT would (WSDOT 2010a). A worst-case noise proposed IHA and are not repeated here. establish Level A exclusion zones and level for vibratory removal of 24-in steel The discussion provided previously Level B zones of influence (ZOIs). The piles will be 176 dB (rms) re 1 mPa at indicates that any impacts to marine received underwater sound pressure 6 m. mammal habitat are not expected to levels (SPLs) within the exclusion zone Using a simple practical spreading cause significant or long-term would be 190 dB (rms) re 1 mPa and model (sound transmission loss of 4.5dB consequences for individual marine above for pinnipeds and 180 dB (rms) re per doubling distance) to determine the mammals or their populations. 1 mPa and above for cetaceans. The distance where underwater sound will attenuate to the 120 dB (rms) re 1 mPa Mitigation Measures Level B ZOIs would encompass areas where received underwater SPLs are threshold, the ZOIs are calculated In order to issue an incidental take higher than 160 dB (rms) and 120 dB below: authorization under section 101(a)(5)(D) (rms) re 1 mPa for impulse noise sources • 152 dB (rms) re 1 mPa at 16 m (12- of the MMPA, NMFS must set forth the (impact pile driving) and non-impulse in timber vibratory pile removal): ∼2.3 permissible methods of taking pursuant noise sources (vibratory pile removal), km/1.4 mi to such activity, and other means of respectively. • 176 dB (rms) re 1 mPa at 6 m (24- effecting the least practicable adverse Based on in-water measurements at in steel vibratory pile removal): ∼32 km/ impact on such species or stock and its the WSDOT Port Townsend Ferry 20 mi (land is reached at ∼31 km/19 mi) habitat, paying particular attention to Terminal (WSDOT 2011a), removal of The vibratory pile removal source rookeries, mating grounds, and areas of 12-in timber piles generated 149 to 152 levels do not exceed the Level A similar significance, and on the dB (rms) re 1 mPa with an overall harassment criteria. availability of such species or stock for average value of 150 dB (rms) re 1 mPa Using 187 dB (rms) re 1 mPa at 10 m taking for certain subsistence uses. measured at 16 m. A worst-case noise for 24-in impact pile driving and the practical spreading loss model, the For WSDOT’s proposed Coupeville level for vibratory removal of 12-in distances to the thresholds are Timber Towers Preservation Project, timber piles would be 152 dB (rms) re calculated: NMFS is requiring WSDOT to 1 mPa at 16 m. • The 190 dB (rms) re 1 mPa pinniped implement the following mitigation Based on in-water measurements at Level A harassment exclusion zone is measures to minimize the potential the WSDOT Port Townsend Ferry reached within 6.3 m/21 ft. impacts to marine mammals in the terminal, impact pile driving of 24-in • The 180 dB (rms) re 1 mPa cetacean project vicinity as a result of the in- steel piles ranged from 175 to187 dB m Level A harassment exclusion zone is water construction activities. (rms) re 1 Pa measured at 10 m during the use of an air bubble curtain (WSDOT reached within 29 m/95 ft. Time Restriction 2014a). An air bubble curtain would be • The 160 dB (rms) re 1 mPa Level B used to attenuate steel pile impact ZOI is reached within 631 m/2,070 ft. Work would occur only during driving noise during this project. A The more conservative cetacean daylight hours, when visual monitoring worst-case noise level for impact driving injury zone (29 m/95 ft.) will be used to of marine mammals can be conducted. of 24-in steel piles would be 187 dB set the 24-inch steel exclusion zone. In addition, all in-water construction (rms) re 1 mPa at 10 m. Although there is no acoustic injury will be limited to the period between Data for vibratory removal of 24-inch zone for vibratory pile removal and the July 15, 2016, and February 15, 2017, to temporary steel piles is not available, so use of other heavy machinery other than avoid impacts to spawning salmonids. it is conservatively assumed to be the impact pile driving, WSDOT should Underwater Noise Attenuation Device same as vibratory driving. Based on in- establish an exclusion zone of 10 m (30 water measurements at the same ft.) around the equipment. An air bubble curtain system or other location as the activity considered here A summary of distances and areas of noise attenuation device would be (previously known as the WSDOT the exclusion zones for Level A employed during impact installation or Keystone Ferry Terminal), vibratory harassment and of ZOI for Level B proofing of steel piles unless the piles driving of 24-in steel piles ranged from harassment is provided in Table 2 are driven on dry areas. 164 to 176 dB (rms) re 1 mPa with an below.

TABLE 2—DISTANCES AND AREAS OF LEVEL A AND LEVEL B HARASSMENT ZONES FOR VIBRATORY AND IMPACT PILE DRIVING ACTIVITIES

Pile driving method Distance to Distance to Distance to Distance to ZOI size 190 dB (m) 180 dB (m) 160 dB (m) 120 dB (km) (km2)

Vibratory pile removal (12-in timber) ...... NA NA NA 2.3 6.4 Vibratory pile removal (24-in steel) ...... NA NA NA 32 140 Impact driving (24-in steel pile) ...... 6.3 29 631 NA 0.16

Soft Start without pile driving, the contractor will minute waiting period. This procedure initiate the driving with ramp-up shall be repeated two additional times A ‘‘soft-start’’ technique is intended to procedures. before continuous driving is started. allow marine mammals to vacate the For vibratory hammers, the contractor This procedure shall also apply to area before the pile driver reaches full vibratory pile removal. power. Whenever there has been shall initiate the driving for 15 seconds downtime of 30 minutes or more at reduced energy, followed by a 1

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For impact driving, an initial set of Whale Museum Hotline and the British activities expected to result in the take three strikes would be made by the Columbia Sightings Network. of marine mammals (this goal may hammer at 40-percent energy, followed ‘‘Sightings’’ information collected by contribute to 1, above, or to reducing by a 1-minute waiting period, then two the Orca Network includes detection by harassment takes only). subsequent three-strike sets at 40- hydrophone. The SeaSound Remote (3) A reduction in the number of percent energy, with 1-minute waiting Sensing Network is a system of times (total number or number at periods, before initiating continuous interconnected hydrophones installed biologically important time or location) driving. in the marine environment of Haro individuals would be exposed to Strait (west side of San Juan Island) to Shutdown and Power-Down Measures received levels of pile driving and pile study orca communication, in-water removal, or other activities expected to WSDOT shall implement shutdown if noise, bottom-fish ecology and local result in the take of marine mammals a marine mammal is sighted within or climatic conditions. A hydrophone at (this goal may contribute to 1, above, or approaching the Level A exclusion the Port Townsend Marine Science to reducing harassment takes only). zone. In-water construction activities Center measures average in-water sound (4) A reduction in the intensity of shall be suspended until the marine levels and automatically detects exposures (either total number or mammal is sighted moving away from unusual sounds. These passive acoustic number at biologically important time the exclusion zone, or if a large cetacean devices allow researchers to hear when or location) to received levels of pile is not sighted for 30 minutes or if a different marine mammals come into driving, or other activities expected to small cetacean or pinniped is not the region. This acoustic network, result in the take of marine mammals sighted for 15 minutes after the combined with the volunteer (this goal may contribute to a, above, or shutdown. (incidental) visual sighting network to reducing the severity of harassment In addition, WSDOT would allows researchers to document takes only). implement shutdown measure when presence and location of various marine (5) Avoidance or minimization of Southern Resident killer whales (as mammal species. adverse effects to marine mammal identified by Orca Network, NMFS, or With this level of coordination in the habitat, paying special attention to the other qualified source) or when region of activity, WSDOT will be able food base, activities that block or limit humpback whales are detected or are to get real-time information on the passage to or from biologically notified by local marine mammal presence or absence of whales before important areas, permanent destruction researchers to approach the ZOIs during starting any pile driving. of habitat, or temporary destruction/ pile removal and pile driving, therefore disturbance of habitat during a preventing Level B takes of Southern Mitigation Conclusions biologically important time. Resident killer whales and humpback NMFS has carefully evaluated the (6) For monitoring directly related to whales. mitigation measures proposed by mitigation—an increase in the If a killer whale approaches the ZOI WSDOT in the context of ensuring that probability of detecting marine during pile driving or removal, and it is NMFS prescribes the means of effecting mammals, thus allowing for more unknown whether it is a Southern the least practicable impact on the effective implementation of the Resident killer whale or a transient affected marine mammal species and mitigation. killer whale, it shall be assumed to be stocks and their habitat. NMFS does not a Southern Resident killer whale and believe any further mitigation measures Based on our evaluation of the WSDOT shall implement the shutdown are necessary to achieve this purpose. applicant’s proposed measures, as well measure. Our evaluation of potential measures as other measures considered by NMFS, Finally, WSDOT would implement included consideration of the following NMFS has determined that the shutdown or measure to prevent Level factors in relation to one another: mitigation measures provide the means B takes when the take of any other • The manner in which, and the of effecting the least practicable impact species or stock of marine mammal is degree to which, the successful on marine mammal species or stocks approaching the limited take authorized implementation of the measure is and their habitat, paying particular under the IHA. expected to minimize adverse impacts attention to rookeries, mating grounds, and areas of similar significance. Coordination With Local Marine to marine mammals. The proven or likely efficacy of the Mammal Research Network • Monitoring and Reporting specific measure to minimize adverse Prior to the start of daily pile driving, impacts as planned. In order to issue an incidental take the Orca Network and/or Center for • The practicability of the measure authorization (ITA) for an activity, Whale Research would be contacted to for applicant implementation. section 101(a)(5)(D) of the MMPA states find out the location of the nearest Any mitigation measure(s) prescribed that NMFS must set forth, marine mammal sightings. Daily by NMFS should be able to accomplish, ‘‘requirements pertaining to the sightings information can be found on have a reasonable likelihood of monitoring and reporting of such the Orca Network Twitter site (https:// accomplishing (based on current taking.’’ The MMPA implementing twitter.com/orcanetwork), which would science), or contribute to the regulations at 50 CFR 216.104 (a)(13) be checked several times a day. accomplishment of one or more of the indicate that requests for ITAs must The Orca Sightings Network consists general goals listed below: include the suggested means of of a list of over 600 (and growing) (1) Avoidance or minimization of accomplishing the necessary monitoring residents, scientists, and government injury or death of marine mammals and reporting that will result in agency personnel in the U.S. and wherever possible (goals 2, 3, and 4 may increased knowledge of the species and Canada. Sightings are called or emailed contribute to this goal). of the level of taking or impacts on into the Orca Network and immediately (2) A reduction in the numbers of populations of marine mammals that are distributed to other sighting networks marine mammals (total number or expected to be present in the proposed including: the Northwest Fisheries number at biologically important time action area. WSDOT submitted a marine Science Center of NMFS, the Center for or location) exposed to received levels mammal monitoring plan as part of the Whale Research, Cascadia Research, the of pile driving and pile removal or other IHA application. It can be found at

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http://www.nmfs.noaa.gov/pr/permits/ and on the number necessary to ensure completion of the construction work or incidental.htm. that the entire zones are monitored. the expiration of the IHA, whichever Monitoring measures prescribed by D During 24-inch steel impact pile comes earlier. This report would detail NMFS should accomplish one or more driving, two land-based PSOs monitors the monitoring protocol, summarize the of the following general goals: will monitor the exclusion zone and data recorded during monitoring, and (1) An increase in the probability of ZOI. Pile driving will be paused if any estimate the number of marine detecting marine mammals, both within marine mammal approaches the mammals that may have been harassed. the mitigation zone (thus allowing for exclusion zone, which equate to the 29- NMFS would have an opportunity to more effective implementation of the m Level A harassment zone for those provide comments on the report, and if mitigation) and in general to generate species for which take is authorized and NMFS has comments, WSDOT would more data to contribute to the analyses to the larger Level B harassment zone address the comments and submit a mentioned below; for all other species. final report to NMFS within 30 days. (2) An increase in our understanding D During in-water construction using In addition, NMFS requires WSDOT of how many marine mammals are other heavy machinery (including to notify NMFS’ Office of Protected likely to be exposed to levels of pile vibratory pile removal), construction Resources and NMFS’ Stranding driving that we associate with specific activities should be paused if any Network within 48 hours of sighting an adverse effects, such as behavioral marine mammal approaches the 10-m injured or dead marine mammal in the harassment, Temporary Threshold Shift exclusion zone surrounding the heavy vicinity of the construction site. (TTS), or Permanent Threshold Shift equipment. WSDOT shall provide NMFS with the (PTS); D During vibratory timber pile species or description of the animal(s), (3) An increase in our understanding removal, two land-based PSOs will the condition of the animal(s) (including of how marine mammals respond to monitor the ZOI, as shown in Figure 2 carcass condition, if the animal is dead), stimuli expected to result in take and of WSDOT’s Marine Mammal location, time of first discovery, how anticipated adverse effects on Monitoring Plan. observed behaviors (if alive), and photo D During 24-inch vibratory pile individuals (in different ways and to or video (if available). removal, 7 land-based PSOs and one varying degrees) may impact the In the event that WSDOT finds an monitoring boat with a PSO and boat population, species, or stock injured or dead marine mammal that is operator will monitor the ZOI, as shown (specifically through effects on annual not in the vicinity of the construction in Figure 3 of WSDOT’s Marine rates of recruitment or survival) through area, WSDOT would report the same Mammal Monitoring Plan. information as listed above to NMFS as any of the following methods: D If weather prevents safe use of the D soon as operationally feasible. Behavioral observations in the boat in the main channel of the ZOI, the presence of stimuli compared to boat will be used in other areas of the Estimated Take by Incidental observations in the absence of stimuli ZOI that are safe, such as the southwest Harassment (need to be able to accurately predict corner of the ZOI, and where lack of Except with respect to certain received level, distance from source, public access prevents stationing a land- activities not pertinent here, the MMPA and other pertinent information); based PSO. D Physiological measurements in the The PSOs would observe and collect defines ‘‘harassment’’ as: any act of presence of stimuli compared to data on marine mammals in and around pursuit, torment, or annoyance which (i) observations in the absence of stimuli the project area for 30 minutes before, has the potential to injure a marine (need to be able to accurately predict during, and for 30 minutes after all pile mammal or marine mammal stock in the received level, distance from source, removal and pile installation work. If a wild [Level A harassment]; or (ii) has and other pertinent information); PSO observes a marine mammal within the potential to disturb a marine D Distribution and/or abundance or approaching the exclusion zone, the mammal or marine mammal stock in the comparisons in times or areas with PSO would notify the work crew to wild by causing disruption of behavioral concentrated stimuli versus times or initiate shutdown measures. Monitoring patterns, including, but not limited to, areas without stimuli; of marine mammals around the migration, breathing, nursing, breeding, (4) An increased knowledge of the construction site shall be conducted feeding, or sheltering [Level B affected species; and using high-quality binoculars (e.g., harassment]. (5) An increase in our understanding Zeiss, 10 × 42 power). To verify the In-water pile removal and pile driving of the effectiveness of certain mitigation required monitoring distance, the (vibratory and impact) generate loud and monitoring measures. exclusion zones and ZOIs will be noises that could potentially harass marine mammals in the vicinity of Monitoring Measures determined by using a range finder or hand-held global positioning system WSDOT’s proposed Coupeville timber WSDOT shall employ NMFS- device. tower preservation project. approved protected species observers During the project, in-water Currently NMFS uses 120 dB re 1 mPa (PSOs) to conduct marine mammal measurements of vibratory pile removal and 160 dB re 1 mPa at the received monitoring for its Coupeville timber and impact pile driving noises may be levels for the onset of Level B towers preservation project. During pile taken to determine if the ZOIs need to harassment from non-impulse (vibratory removal and installation, land-based be modified. pile driving and removal) and impulse and vessel-based PSOs would monitor sources (impact pile driving) the area from the best observation points Reporting Measures underwater, respectively. Table 3 available. The number of PSOs will be WSDOT shall submit a final summarizes the current NMFS marine based on the sizes of ensonified zones monitoring report within 90 days after mammal take criteria.

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TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER

Criterion Criterion definition Threshold

Level A Harassment (Injury) ...... Permanent Threshold Shift (PTS) (Any level above that which is 180 dB re 1 µPa (cetaceans). known to cause TTS). 190 dB re 1 µPa (pinnipeds). root mean square (rms). Level B Harassment ...... Behavioral Disruption (for impulse noises) ...... 160 dB re 1 µPa (rms). Level B Harassment ...... Behavioral Disruption (for non-impulse noise) ...... 120 dB re 1 µPa (rms).

As explained above, exclusion zones (rms) re 20 mPa sea lion threshold at 40 local animal density. This provides an and ZOIs will be established that ft/12 m. estimate of the number of animals that encompass the areas where received The closest documented harbor seal might occupy the ZOI at any given underwater sound pressure levels haulout is the Rat Island/Kilisut Harbor moment. However, there are no density (SPLs) exceed the applicable thresholds Spit haulout in Port Townsend Bay, 5.5 estimates for any Puget Sound for Level A and Level B harassments, miles southwest. The closest population of marine mammal. As a respectively. documented California sea lion haulout result, the take requests were estimated With the exception of harbor seals, is a channel marker buoy located off using local marine mammal data sets Steller sea lion, and harbor porpoise, it Whidbey Island’s Bush Point, 9 miles (e.g., The Whale Museum, Orca is anticipated that all of the marine south. The closest documented Steller Network, state and federal agencies), mammals that enter the Level B sea lion haulout is Craven Rock haulout, opinions from state and federal acoustical harassment ZOIs will be east of Marrowstone Island 5.5 miles agencies, and observations from exposed to pile driving and removal south of the ferry terminal. Therefore, WSDOT biologists. noise only as they are transiting the in-air disturbance could occur only to The calculation for marine mammal area. Only harbor seals, Steller sea lion, those pinnipeds moving on the surface exposures is estimated by: and harbor porpoise are expected to through the immediate pier area, within Exposure estimate = N × days of pile forage and haulout in the Coupeville approximately 126 ft/38 m and 40 ft/12 driving/removal, where: ZOIs with any frequency and could be m of pile removal and driving. However, these individuals would also likely be N = # of animals based on long-term exposed multiple times during a project. observations by local researchers. exposed to underwater sound produced As mentioned earlier, the distances to Specifically, daily marine mammal NMFS threshold for Level B by the project. We do not consider potential effects from airborne noise occurrence (N) for harbor seal, Steller (harassment) take for impact pile sea lion, and harbor porpoise are based driving and vibratory pile removal were further in this analysis. No Level A take is expected due to on the observation data from the Orca estimated as follows: implementing monitoring and Network (WSDOT 2015). Daily marine • ZOI–1: the 160 dB (rms) impact pile mitigation measures such as installing mammal occurrence for Dall’s porpoise, driving harassment threshold for 24’’ air bubble curtain device for all impact transient killer whale, gray whale, and steel = 631 m/1,523 ft. pile driving and implementing shut- minke whale are based on the • ZOI–2: the 120 dB (rms) vibratory down measures for marine mammals observation data from the Whale harassment threshold for 12-inch timber about to enter the exclusion zones. Museum (WSDOT 2015). The vibratory pile removal: = ∼2.3 km/1.4 Incidental take for each species is occurrence of the rest of the marine mi. estimated by determining the likelihood mammal species which do not • ZOI–3: the 120 dB (rms) vibratory of a marine mammal being present frequently occur in the proposed project harassment threshold for 24-inch steel within a ZOI during active pile driving area are based on limited sighting vibratory pile removal: = ∼32 km/20 mi or removal. Expected marine mammal occurrences over the years (WSDOT (land is reached at ∼31 km/19 mi). presence is determined by past 2015). Airborne noises can affect pinnipeds, observations and general abundance Using this approach, a summary of especially resting seals hauled out on near the project site during the estimated takes of marine mammals rocks or sand spits. The 90 dB (rms) re construction window. Typically, incidental to WSDOT’s Coupeville 20 mPa harbor seal threshold was potential take is estimated by Timber Towers Preservation Project are estimated at 126 ft/38 m, and the 100 dB multiplying the area of the ZOI by the provided in Table 4.

TABLE 4—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED NOISE LEVELS THAT COULD CAUSE LEVEL B BEHAVIORAL HARASSMENT

Estimated Species marine Abundance Percentage mammal takes

Pacific harbor seal ...... 256 11,036 2.3 California sea lion ...... 16 296,750 0.01 Steller sea lion ...... 328 63,160 0.6 Northern elephant seal ...... 16 74,913 0.02 Harbor porpoise ...... 440 10,682 4.1 Dall’s porpoise ...... 24 42,000 0.06 Killer whale, transient ...... 48 243 19.7 Pacific white-sided dolphin ...... 16 29,930 0.05 Gray whale ...... 8 19,126 0.04 Minke whale ...... 16 202 7.9

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Analysis and Determinations sound may be smaller than is assumed measures, NMFS finds that the total here. marine mammal take from WSDOT’s Negligible Impact In addition, WSDOT’s proposed Coupeville timber tower preservation Negligible impact is ‘‘an impact activities are localized and of short project will have a negligible impact on resulting from the specified activity that duration. The entire project area is the affected marine mammal species or cannot be reasonably expected to, and is limited to WSDOT’s Coupeville timber stocks. not reasonably likely to, adversely affect towers preservation construction work. the species or stock through effects on The entire project duration for the Small Number annual rates of recruitment or survival’’ construction would involve 12 hours in Based on analyses provided above, it (50 CFR 216.103). A negligible impact 8 days. These low-intensity, localized, is estimated that approximately 256 finding is based on the lack of likely and short-term noise exposures may harbor seals, 16 California sea lions, 328 adverse effects on annual rates of cause brief startle reactions or short- Steller sea lions, 16 northern elephant recruitment or survival (i.e., population- term behavioral modification by the seals, 440 harbor porpoises, 24 Dall’s level effects). An estimate of the number animals. These reactions and behavioral porpoises, 48 transient killer whales, 16 of Level B harassment takes, alone, is changes are expected to subside quickly Pacific white-sided dolphins, 8 gray not enough information on which to when the exposures cease. Moreover, whales, and 16 minke whales could be base an impact determination. In the required mitigation and monitoring exposed to received noise levels that addition to considering estimates of the measures are expected to reduce could cause Level B behavioral number of marine mammals that might potential exposures and behavioral harassment from the proposed be ‘‘taken’’ through behavioral modifications even further. WSDOT construction work at the Coupeville harassment, NMFS must consider other would implement rigorous monitoring Ferry Terminal in Washington State. factors, such as the likely nature of any and mitigation measures to prevent These numbers represent approximately responses (their intensity, duration, takes of ESA-listed species (Southern 0.02% to 19.7% of the populations of etc.), the context of any responses Resident killer whales and humpback these species that could be affected by (critical reproductive time or location, whales). Additionally, no important Level B behavioral harassment, migration, etc.), as well as the number feeding and/or reproductive areas for respectively (see Table 4 above), which and nature of estimated Level A marine mammals are known to be near are small percentages relative to the harassment takes, the number of the proposed action area (Calambokidis total populations of the affected species estimated mortalities, and effects on et al. 2015). Therefore, the take resulting or stocks. habitat. from the proposed Coupeville timber Based on the analysis contained WSDOT’s proposed Coupeville timber tower preservation work is not herein of the likely effects of the tower preservation project would reasonably expected to, and is not specified activity on marine mammals involve vibratory pile removal and reasonably likely to, adversely affect the and their habitat, and taking into impact pile driving activities. Elevated marine mammal species or stocks consideration the implementation of the underwater noises are expected to be through effects on annual rates of mitigation and monitoring measures, generated as a result of these activities; recruitment or survival. which are expected to reduce the however, these noises are expected to The proposed project area is not a number of marine mammals potentially result in no mortality or Level A prime habitat for marine mammals, nor affected by the proposed action, NMFS harassment and limited Level B is it considered an area frequented by finds that small numbers of marine harassment of marine mammals. marine mammals. Therefore, behavioral mammals will be taken relative to the WSDOT would employ an attenuation disturbances that could result from populations of the affected species or device (e.g., air bubble curtain) during anthropogenic noise associated with stocks. impact pile driving, thus eliminating the WSDOT’s construction activities are potential for injury (including PTS) and expected to affect marine mammals on Impact on Availability of Affected TTS from noise impact. For vibratory an infrequent and limited basis. Species for Taking for Subsistence Uses pile removal, noise levels are not The project also is not expected to There are no subsistence uses of expected to reach the level that may have significant adverse effects on marine mammals in the proposed cause TTS, injury (including PTS), or affected marine mammals’ habitat, as project area; and, thus, no subsistence mortality to marine mammals. analyzed in detail in the ‘‘Anticipated uses impacted by this action. Therefore, Therefore, NMFS does not expect that Effects on Marine Mammal Habitat’’ NMFS has determined that the total any animals would experience Level A section. The project activities would not taking of affected species or stocks harassment (including injury or PTS) or modify existing marine mammal habitat. would not have an unmitigable adverse Level B harassment in the form of TTS The activities may cause some fish to impact on the availability of such from being exposed to in-water pile leave the area of disturbance, thus species or stocks for taking for removal and pile driving associated temporarily impacting marine subsistence purposes. with WSDOT’s construction project. mammals’ foraging opportunities in a Additionally, the sum of noise from limited portion of the foraging range; Endangered Species Act (ESA) WSDOT’s proposed Coupeville timber but, because of the short duration of the The humpback whale and the tower preservation construction activities and the relatively small area of Southern Resident stock of killer whale activities is confined to a limited area by the habitat that may be affected, the are the only marine mammal species surrounding landmasses; therefore, the impacts to marine mammal habitat are currently listed under the ESA that noise generated is not expected to not expected to cause significant or could occur in the vicinity of WSDOT’s contribute to increased ocean ambient long-term negative consequences. proposed construction projects. WSDOT noise. In addition, due to shallow water Based on the analysis contained would implement rigorous monitoring depths in the project area, underwater herein of the likely effects of the and mitigation measures to prevent sound propagation of low-frequency specified activity on marine mammals takes of these ESA-listed species. sound (which is the major noise source and their habitat, and taking into NMFS’ Permits and Conservation from pile driving) is expected to be poor consideration the implementation of the Division coordinated with NMFS West and the area affected by underwater required monitoring and mitigation Coast Regional Office (WCRO) and

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reviewed the WSDOT’s proposed DATES: Applications must be Lobbyists to Federal Advisory monitoring and mitigation measures and postmarked or electronically Committees, Boards, and Commissions, determined that with the transmitted on or before May 13, 2016. 79 FR 47482 (Aug. 13, 2014). No implementation of these measures, ESA- ADDRESSES: Persons may submit member may be an agent of a foreign listed species would not be affected. applications, with the information principal required to register pursuant Therefore, WCRO concurs that section 7 specified below, to David J. Reed, to the Foreign Agents Registration Act of consultation under the ESA is not Designated Federal Officer, by email to 1938, as amended (codified at 22 U.S.C. warranted for the issuance of the IHA. [email protected] or by U.S. mail or 611 et seq.). The Secretary of Commerce appoints National Environmental Policy Act commercial delivery service to Office of Spectrum Management, National members of the committee who serve at (NEPA) Telecommunications and Information the Secretary’s pleasure and discretion NMFS prepared an Environmental Administration, 1401 Constitution for up to a two-year term and may be Assessment (EA) and analyzed the Avenue NW., Room 4600, Washington, reappointed for additional terms. NTIA potential impacts to marine mammals DC 20230. currently seeks applicants for new two- that would result from WSDOT’s FOR FURTHER INFORMATION CONTACT: year terms that will commence in Coupeville Timber Tower preservation David J. Reed at (202) 482–5955 or August 2016 and continue through project. A Finding of No Significant [email protected]. August 2018, subject to the anticipated Impact (FONSI) was signed in March SUPPLEMENTARY INFORMATION: The timely renewal of the committee’s 2016. A copy of the EA and FONSI is Commerce Spectrum Management charter or its termination by proper available on the internet at: http://www. Advisory Committee has been authority. nmfs.noaa.gov/pr/permits/incidental/ established and chartered by the The committee’s membership will be (see ADDRESSES). Department of Commerce under the fairly balanced in terms of the points of Authorization Federal Advisory Committee Act view represented by members and the (FACA), 5 U.S.C. App. 2, and pursuant functions to be performed. Accordingly, As a result of these determinations, to section 105(b) of the National its membership will reflect a balanced NMFS has issued an IHA to WSDOT for Telecommunications and Information cross-section of interests in spectrum the harassment of small numbers of 10 Administration Organization Act, as management and policy, including non- marine mammal species incidental to amended, 47 U.S.C. 904(b). The federal spectrum users; state, regional, the construction work associated to the Department of Commerce re-chartered and local sectors; technology developers Coupeville Timber Tower preservation the CSMAC on March 3, 2015, for a two- and manufacturers; academia; civil project in Washington State, provided year period. The CSMAC advises the society; and service providers with the previously mentioned mitigation, Assistant Secretary of Commerce for customers in both domestic and monitoring, and reporting requirements Communications and Information on a international markets. A description of are incorporated. broad range of issues regarding factors that will be considered to Dated: March 24, 2016. spectrum policy. In particular, the determine each applicant’s expertise is Donna S. Wieting, current charter provides that the contained in the committee’s Director, Office of Protected Resources, committee will provide advice and Membership Balance Plan (available at National Marine Fisheries Service. recommendations on needed reforms to http://www.ntia.doc.gov/other- [FR Doc. 2016–07078 Filed 3–28–16; 8:45 am] domestic spectrum policies and publication/2013/csmac-membership- BILLING CODE 3510–22–P management in order to: License radio balance-plan). frequencies in a way that maximizes In particular, NTIA seeks applicants their public benefit; keep wireless with strong technical and engineering DEPARTMENT OF COMMERCE networks as open to innovation as knowledge and experience, familiarity possible; and make wireless services with commercial or private wireless National Telecommunications and available to all Americans. The CSMAC technologies and associated businesses, Information Administration functions solely as an advisory body in or expertise with specific applications compliance with the FACA. Additional of wireless technologies. The Secretary Commerce Spectrum Management information about the CSMAC and its may consider factors including, but not Advisory Committee; Call for activities may be found at http://www. limited to, educational background, past Applications ntia.doc.gov/category/csmac. work or academic accomplishments, AGENCY: National Telecommunications Under the terms of the committee’s and the industry sector in which a and Information Administration, U.S. charter, it will have no fewer than five member is currently or previously Department of Commerce. (5) members and no more than thirty employed. All appointments are made (30) members. The members serve on without discrimination on the basis of ACTION: Notice; Call for applications to serve on advisory committee. the CSMAC in the capacity of Special age, ethnicity, gender, sexual Government Employee (SGE). As SGEs, orientation, disability, cultural, SUMMARY: The National members must comply with certain religious, or socioeconomic status. Telecommunications and Information federal conflict of interest statutes and Each application must include the Administration (NTIA) is seeking ethics regulations, including some applicant’s full name, address, applications from persons interested in financial disclosure requirements. telephone number and email address, serving on the Department of Commerce Members will not receive compensation along with a summary of the applicant’s Spectrum Management Advisory or reimbursement for travel or for per qualifications that identifies, with Committee (CSMAC or committee) for diem expenses. No member may be a specificity, how his or her education, two-year terms. The CSMAC provides registered federal lobbyist pursuant to training, experience, expertise, or other advice to the Assistant Secretary for the Lobbying Disclosure Act of 1995 factors would support the CSMAC’s Communications and Information and (codified at 2 U.S.C. 1601 et seq.). See work and how his or her participation NTIA Administrator on spectrum policy Office of Management and Budget, would help achieve the balance factors matters. Revised Guidance on Appointment of described above. Each application must

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also include a detailed resume or 1155 21st Street NW., Washington, DC With respect to the collection of curriculum vitae. 20581. information, the CFTC invites Dated: March 23, 2016. • Hand Delivery/Courier: Same as comments on: Kathy D. Smith, Mail above. • Whether the proposed collection of information is necessary for the proper Chief Counsel, National Telecommunications • Federal eRulemaking Portal: http:// and Information Administration. www.regulations.gov/. Follow the performance of the functions of the Commission, including whether the [FR Doc. 2016–06975 Filed 3–28–16; 8:45 am] instructions for submitting comments through the Portal. information will have a practical use; BILLING CODE 3510–10–P Please submit your comments using • The accuracy of the Commission’s only one method. estimate of the burden of the proposed collection of information, including the COMMODITY FUTURES TRADING FOR FURTHER INFORMATION CONTACT: Gary validity of the methodology and COMMISSION J. Martinaitis, Associate Deputy assumptions used; Director, Division of Market Oversight, • Ways to enhance the quality, Agency Information Collection Commodity Futures Trading usefulness, and clarity of the Activities: Notice of Intent To Renew Commission, (202) 418–5209; email: information to be collected; and Collection 3038–0012, Futures Volume, [email protected], and refer to OMB • Ways to minimize the burden of Open Interest, Price, Deliveries and Control No. 3038–0012. collection of information on those who Purchases/Sales of Futures for SUPPLEMENTARY INFORMATION: Under the are to respond, including through the Commodities or for Derivatives PRA, Federal agencies must obtain use of appropriate automated electronic, Positions approval from the Office of Management mechanical, or other technological AGENCY: Commodity Futures Trading and Budget (‘‘OMB’’) for each collection collection techniques or other forms of Commission. of information they conduct or sponsor. information technology; e.g., permitting ACTION: Notice. ‘‘Collection of Information’’ is defined electronic submission of responses. in 44 U.S.C. 3502(3) and 5 CFR 1320.3 All comments must be submitted in SUMMARY: The Commodity Futures and includes agency requests or English, or if not, accompanied by an Trading Commission (‘‘CFTC’’ or requirements that members of the public English translation. Comments will be ‘‘Commission’’) is announcing an submit reports, keep records, or provide posted as received to http:// opportunity for public comment on the information to a third party. Section www.cftc.gov. You should submit only proposed collection of certain 3506(c)(2)(A) of the PRA, 44 U.S.C. information that you wish to make information by the agency. Under the 3506(c)(2)(A), requires Federal agencies available publicly. If you wish the Paperwork Reduction Act (‘‘PRA’’), to provide a 60-day notice in the Commission to consider information Federal agencies are required to publish Federal Register concerning each that you believe is exempt from notice in the Federal Register proposed collection of information disclosure under the Freedom of concerning each proposed collection of before submitting the collection to OMB Information Act, a petition for information, including each proposed for approval. To comply with this confidential treatment of the exempt extension of an existing collection of requirement, the CFTC is publishing information may be submitted according information, and to allow 60 days for notice of the proposed collection of to the procedures established in § 145.9 public comment. This notice solicits information listed below. of the Commission’s regulations.1 comments on futures volume, open Title: Futures Volume, Open Interest, The Commission reserves the right, interest, price, deliveries, and Price, Deliveries and Purchases/Sales of but shall have no obligation, to review, purchases/sales of futures for Futures for Commodities or for pre-screen, filter, redact, refuse or commodities or for derivatives Derivatives Positions (OMB Control No. remove any or all of your submission positions. 3038–0012). This is a request for from http://www.cftc.gov that it may DATES: Comments must be submitted on extension of a currently approved deem to be inappropriate for or before May 31, 2016. information collection. publication, such as obscene language. ADDRESSES: You may submit comments, Abstract: Commission Regulation All submissions that have been redacted identified by ‘‘Futures Volume & Open 16.01 requires the U.S. futures or removed that contain comments on Interest Collection,’’ 3038–0012, by any exchanges to publish daily information the merits of the Information Collection of the following methods: on the items listed in the title of the Request will be retained in the public • The Agency’s Web site, at http:// collection. The information required by comment file and will be considered as comments.cftc.gov/. Follow the this rule is in the public interest and is required under the Administrative instructions for submitting comments necessary for market surveillance. This Procedure Act and other applicable through the Web site. rule is promulgated pursuant to the laws, and may be accessible under the • Mail: Christopher Kirkpatrick, Commission’s rulemaking authority Freedom of Information Act. Secretary of the Commission, contained in section 5 of the Burden Statement: The respondent Commodity Futures Trading Commodity Exchange Act, 7 U.S.C. 7 burden for this collection is estimated to Commission, Three Lafayette Centre, (2010). be as follows:

ESTIMATED ANNUAL REPORTING BURDEN

Annual 17 CFR section number of Frequency of Total annual Hours per Total hours respondents response responses response

16.01 ...... 15 Daily ...... 3,750 0.5 1,875

1 17 CFR 145.9.

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Respondents/Affected Entities: meeting is to provide the subcommittee 102–3.140 and section 10(a)(3) of the Designated Contract Markets. with an overview of CGSC academic Federal Advisory Committee Act, the Estimated number of respondents: 15. programs, with focus on the College’s public or interested organizations may Estimated total annual burden on two degree-granting schools: The submit written comments or statements respondents: 1,875 hours. Command and General Staff School to the subcommittee, in response to the Frequency of collection: Daily. (CGSS) and the School of Advanced stated agenda of the open meeting or in (Authority: 44 U.S.C. 3501 et seq.) Military Studies (SAMS), in the regard to the subcommittee’s mission in aftermath of recent regional academic Dated: March 23, 2016. general. Written comments or accreditation review in March 2016, and statements should be submitted to Dr. Robert N. Sidman, to address other administrative matters. Baumann, the subcommittee Alternate Deputy Secretary of the Commission. Current CGSC administrators, faculty, Designated Federal Officer, via [FR Doc. 2016–07006 Filed 3–28–16; 8:45 am] and students will be available to offer electronic mail, the preferred mode of BILLING CODE 6351–01–P their perspectives. submission, at the address listed in the Proposed Agenda: May 9 and 10—The FOR FURTHER INFORMATION CONTACT subcommittee will review the findings section. Each page of the comment or DEPARTMENT OF DEFENSE of the accreditation review by the statement must include the author’s Higher Learning Commission in March name, title or affiliation, address, and Department of the Army 2016, and discuss any other matters daytime phone number. The Alternate relevant to the health and effectiveness Designated Federal Officer will review Army Education Advisory of CGSC programs; the committee will all submitted written comments or Subcommittee Meeting Notice also complete as needed training or statements and provide them to AGENCY: Department of the Army, DoD. certain administrative requirements members of the subcommittee for their associated with the appointment and ACTION: Notice of open subcommittee consideration. Written comments or meeting. service of individual subcommittee statements being submitted in response members. Provisional findings and to the agenda set forth in this notice SUMMARY: The Department of the Army recommendations from these general must be received by the Alternate is publishing this notice to announce subcommittee deliberations will be Designated Federal Official at least the following Federal advisory referred to the Army Education seven business days prior to the meeting committee meeting of the Command and Advisory Committee for deliberation by to be considered by the subcommittee. General Staff College (CGSC) Board of the Committee under the open-meeting Written comments or statements Visitors, a subcommittee of the Army rules. received after this date may not be Public Accessibility to the Meeting: Education Advisory Committee. This provided to the subcommittee until its Pursuant to 5 U.S.C. 552b, as amended, meeting is open to the public. next meeting. and 41 CFR 102–3.140 through 102– DATES: The CGSC Board of Visitors Pursuant to 41 CFR 102–3.140d, the Subcommittee will meet from 9 a.m. to 3.165, and subject to the availability of space, this meeting is open to the Committee is not obligated to allow a 4:30 p.m. on May 9, and from 8:30 a.m. member of the public to speak or to 12 p.m. on May 10, 2016. public. Seating is on a first to arrive basis. Attendees are requested to submit otherwise address the Committee during United States Army ADDRESSES: their name, affiliation, and daytime the meeting. Members of the public will Command and General Staff College, phone number seven business days be permitted to make verbal comments Lewis and Clark Center, 100 Stimson prior to the meeting to Dr. Baumann, via during the Committee meeting only at Ave., Bell Conference Room, Ft. electronic mail, the preferred mode of the time and in the manner described Leavenworth, KS 66027. submission, at the address listed in the below. If a member of the public is Dr. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT interested in making a verbal comment Robert Baumann, the Alternate section. Members of the public at the open meeting, that individual Designated Federal Officer for the attending the subcommittee meetings must submit a request, with a brief subcommittee, in writing at Command will not be permitted to present statement of the subject matter to be and General Staff College, 100 Stimson questions from the floor or speak to any addressed by the comment, at least Ave., Ft. Leavenworth, KS 66027, by issue under consideration by the seven business days in advance to the email at [email protected], subcommittee. Because the meeting of subcommittee’s Alternate Designated or by telephone at (913) 684–2742. the subcommittee will be held in a Federal Official, via electronic mail, the SUPPLEMENTARY INFORMATION: The Federal Government facility on a preferred mode of submission, at the subcommittee meeting is being held military base, security screening is address listed in the FOR FURTHER under the provisions of the Federal required. A photo ID is required to enter INFORMATION CONTACT section. The Advisory Committee Act of 1972 (5 base. Please note that security and gate Alternate Designated Federal Official U.S.C., Appendix, as amended), the guards have the right to inspect vehicles will log each request, in the order Government in the Sunshine Act of and persons seeing to enter and exit the received, and in consultation with the 1976 (5 U.S.C. 552b, as amended), and installation. Lewis and Clark Center is Subcommittee Chair, determine whether 41 CFR 102–3.150. fully handicap accessible. Wheelchair the subject matter of each comment is Purpose of the Meeting: The Army access is available in front at the main relevant to the Subcommittee’s mission Education Advisory Committee is entrance of the building. For additional and/or the topics to be addressed in this chartered to provide independent information about public access public meeting. A 15-minute period advice and recommendations to the procedures, contact Dr. Baumann, the near the end of the meeting will be Secretary of the Army on the subcommittee’s Alternate Designated available for verbal public comments. educational, doctrinal, and research Federal Officer, at the email address or Members of the public who have policies and activities of U.S. Army telephone number listed in the FOR requested to make a verbal comment educational programs. The CGSC Board FURTHER INFORMATION CONTACT section. and whose comments have been of Visitors subcommittee focuses Written Comments or Statements: deemed relevant under the process primarily on CGSC. The purpose of the Pursuant to 41 CFR 102–3.105(j) and described above, will be allotted no

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more than three minutes during the Frequency: On occasion. invited on: (a) Whether the proposed period, and will be invited to speak in Respondent’s Obligation: Required to collection of information is necessary the order in which their requests were obtain or retain benefits. for the proper performance of the received by the Alternate Designated OMB Desk Officer: Ms. Jasmeet functions of the agency, including Federal Official. Seehra. whether the information shall have Comments and recommendations on practical utility; (b) the accuracy of the Brenda S. Bowen, the proposed information collection agency’s estimate of the burden of the Army Federal Register Liaison Officer. should be emailed to Ms. Jasmeet proposed information collection; (c) [FR Doc. 2016–07076 Filed 3–28–16; 8:45 am] Seehra, DoD Desk Officer, at Oira_ ways to enhance the quality, utility, and BILLING CODE 5001–03–P [email protected]. Please clarity of the information to be identify the proposed information collected; and (d) ways to minimize the collection by DoD Desk Officer and the burden of the information collection on DEPARTMENT OF DEFENSE Docket ID number and title of the respondents, including through the use information collection. of automated collection techniques or Office of the Secretary You may also submit comments and other forms of information technology. recommendations, identified by Docket [Docket ID: DoD–2015–OS–0026] DATES: Consideration will be given to all ID number and title, by the following comments received by May 31, 2016. Submission for OMB Review; method: You may submit comments, Comment Request • Federal eRulemaking Portal: http:// ADDRESSES: www.regulations.gov. Follow the identified by docket number and title, ACTION: Notice. instructions for submitting comments. by any of the following methods: Instructions: All submissions received • Federal eRulemaking Portal: http:// SUMMARY: The Department of Defense must include the agency name, Docket www.regulations.gov. Follow the has submitted to OMB for clearance, the ID number and title for this Federal instructions for submitting comments. following proposal for collection of Register document. The general policy • Mail: Department of Defense, Office information under the provisions of the for comments and other submissions of the Deputy Chief Management Paperwork Reduction Act. from members of the public is to make Officer, Directorate of Oversight and DATES: Consideration will be given to all these submissions available for public Compliance, Regulatory and Audit comments received by April 28, 2016. viewing on the Internet at http:// Matters Office, 9010 Defense Pentagon, Washington, DC 20301–9010. FOR FURTHER INFORMATION CONTACT: Fred www.regulations.gov as they are Instructions: All submissions received Licari, 571–372–0493. received without change, including any must include the agency name, docket personal identifiers or contact SUPPLEMENTARY INFORMATION: number and title for this Federal Title, Associated Form and OMB information. Register document. The general policy Number: Security Assistance Network DOD Clearance Officer: Mr. Frederick for comments and other submissions (SAN); SC–TMS TRAINING FORM; Licari. from members of the public is to make OMB Control Number 0704–XXXX. Written requests for copies of the Type of Request: Existing Collection information collection proposal should these submissions available for public in Use Without an OMB Control be sent to Mr. Licari at WHS/ESD viewing on the Internet at http:// Number. Directives Division, 4800 Mark Center www.regulations.gov as they are Number of Respondents: 43,980. Drive, East Tower, Suite 02G09, received without change, including any Responses per Respondent: 1. Alexandria, VA 22350–3100. personal identifiers or contact information. Annual Responses: 43,980. Dated: March 24, 2016. Average Burden per Response: 15 Any associated form(s) for this Aaron Siegel, minutes. collection may be located within this Annual Burden Hours: 10,995. Alternate OSD Federal Register Liaison same electronic docket and downloaded Needs and Uses: The information Officer, Department of Defense. for review/testing. Follow the collection requirement is necessary to [FR Doc. 2016–07031 Filed 3–28–16; 8:45 am] instructions at http:// exchange Security Cooperation training BILLING CODE 5001–06–P www.regulations.gov for submitting information between overseas Security comments. Please submit comments on Cooperation Offices, Geographical any given form identified by docket Combatant Commands, Military DEPARTMENT OF DEFENSE number, form number, and title. Departments, Defense Security FOR FURTHER INFORMATION CONTACT: To Office of the Secretary Cooperation Agency, DoD request more information on this Schoolhouses, Regional Centers, and [Docket ID: DoD–2016–OS–0030] proposed information collection or to International Host Nation Organizations. obtain a copy of the proposal and The Security Cooperation Management Proposed Collection; Comment associated collection instruments, System (SC–TMS) is a tool used by the Request please write to the Office of the Under Secretary of Defense (Personnel and Security Cooperation community to AGENCY: Office of the Under Secretary of manage International Military Student Defense for Personnel and Readiness, Readiness) (Defense Human Resource training data. If the information on the DoD. Activity), ATTN: Bette Inch, SAPRO, student form is not collected, DoD 4800 Mark Center Drive, Alexandria, VA ACTION: Notice. schoolhouses will not be able to process 22350–8000 or submit an email to students for attendance in resident or at SUMMARY: In compliance with the [email protected]. mobile training locations in compliance Paperwork Reduction Act of 1995, the SUPPLEMENTARY INFORMATION: with DepSecDef directive and federal Office of the Under Secretary of Defense Title; Associated Form; and OMB law requiring the reporting of training of for Personnel and Readiness announces Number: DoD Sexual Assault Prevention foreign nationals. a proposed public information and Response Office Victim-Related Affected Public: Individuals or collection and seeks public comment on Inquiries; DD Form 2985 ‘‘Department households. the provisions thereof. Comments are of Defense Sexual Assault Prevention

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and Response Office Request for FOR FURTHER INFORMATION CONTACT: structures for minimizing shoaling and SAPRO’s Assistance’’ and DD Form Questions concerning the draft EIS flare improvements. 2985–1 ‘‘Military Feedback Form’’; should be addressed to Ms. Tammy Barbours Cut Channel: The 1.1 mile OMB Control Number 0704–XXXX. Gilmore, CEMVN–PDN–CEP, P.O. Box long Barbour’s Cut Channel is currently Needs and Uses: The information 60267, New Orleans, LA 70160–0267; authorized to a depth of 40 feet. The collection requirement is necessary to telephone: (504) 862–1002; fax: (504) PHA has the authority, under 33 U.S.C. facilitate a timely response and 862–1583; or by email: Section 408, to deepen the channel to 45 appropriate resolution to inquiries from [email protected]. feet. This analysis would evaluate DoD sexual assault victims/survivors, whether to include the PHA’s channel support personnel and others. SUPPLEMENTARY INFORMATION: deepening for Federal authorization. Collection of this information promotes 1. Authority. Public Law 91–611; Title The analysis would also evaluate victim recovery. II—Flood Control Act of 1970, Section widening to a width greater than 300 Affected Public: Individuals or 216 dated December 31, 1970. The study feet (25-foot increments). Other Households. is being performed in response to the opportunities in this area are to evaluate Annual Burden Hours: 15. standing authority of Section 216 of the the need for open water turning basin Number of Respondents: 30. Flood Control Act of 1970, as amended. and flare improvements. Responses per Respondent: 1. 2. Proposed Action. In general, the Bay-reach safety and efficiency Annual Responses: 30. entire HSC will be evaluated for up to enhancements: This analysis would Average Burden per Response: 30 date current and projected vessel size evaluate whether to construct an minutes. and traffic. The study focus will include anchorage basin in or near Galveston Frequency: On occasion. Bay, the need of selectively widening This information collection is used to deepening and widening opportunities the existing 530 feet wide HSC to support victims and survivors of sexual of the upper reach of the HSC referred develop passing lanes or improved assault in their recovery and to maintain to as Boggy Bayou to the Main Turning vessel meeting opportunities; evaluate a database of inquiries that documents Basin; improvements to side channels, improvements to channel turns and the nature and status of inquiries in Bayport Ship Channel and Barbour’s bends; and evaluate the depth of the order to provide adequate follow-up Cut Channel; and Galveston Bay Reach existing barge lanes. services and inform sexual assault safety and efficiency enhancements. Details of the study include the 3. Public Involvement. Public prevention and response program and involvement, an essential part of the policy improvements. following 5 separable elements: HSC—Boggy Bayou to I–610 Bridge: NEPA process, is integral to assessing Dated: March 24, 2016. the environmental consequences of the This analysis would evaluate deepening Aaron Siegel, proposed action and improving the and widening the 8-mile portion of the quality of the environmental decision Alternate OSD Federal Register Liaison HSC from Boggy Bayou to the Interstate Officer, Department of Defense. making. The public includes affected 610 Bridge (mile 40 to mile 48) to a and interested Federal, state, and local [FR Doc. 2016–07029 Filed 3–28–16; 8:45 am] depth beyond the existing 40 feet (Boggy agencies, Indian tribes, concerned BILLING CODE 5001–06–P Bayou to Sims Bayou) and a width citizens, stakeholders, and other greater than the existing 300 feet (in 50- interested parties. Public participation foot increments) and possibly in the EIS process will be strongly DEPARTMENT OF DEFENSE improvements to turning basin and encouraged, both formally and Department of the Army, Corps of mooring areas. informally, to enhance the probability of Engineers HSC—I–610 Bridge to Main Turning a more technically accurate, Basin: This analysis would evaluate the economically feasible, and socially Intent To Prepare a Draft deepening and widening of the 4-mile acceptable EIS. Public involvement will Environmental Impact Statement for portion of the HSC from the Interstate I– include, but is not limited to: the Houston Ship Channel 45-Foot 610 Bridge to the Main Turning Basin Information dissemination; Expansion Channel Improvement (mile 48 to mile 52) to a depth beyond identification of problems, needs and Project (HSC ECIP), Harris and the existing 36 feet (in 2-foot opportunities; idea generation; public Chambers Counties, Texas increments), a new turning basin near education; problem solving; providing Brays Bayou, and revisit dimensions of AGENCY: Department of the Army, U.S. feedback on proposals; evaluation of Army Corps of Engineers, DoD. existing turning basins and mooring alternatives; conflict resolution; public areas. ACTION: Notice of intent. and scoping notices and meetings; Bayport Ship Channel: The 4.1 mile public, stakeholder and advisory groups SUMMARY: The U.S. Army Corps of long Bayport Ship Channel is currently consultation and meetings; and making Engineers (USACE) intends to prepare authorized to a depth of 40 feet. The the EIS and supporting information an environmental impact statement Port of Houston Authority (PHA) has the readily available in conveniently (EIS) for the Houston Ship Channel 45- authority under 33 U.S.C. Section 408 to located places, such as libraries and on Foot Expansion Channel Improvement deepen the channel to 45 feet and widen the world wide web. Project (HSC ECIP), Harris and the bay portions of the channel 100 feet 4. Scoping. Scoping, an early and Chambers Counties, Texas. and widen the constricted portion of the open process for identifying the scope of This study will identify and evaluate channel within the land cut 50 feet. significant issues related to the a combination of modifications to the This analysis would evaluate whether to proposed action to be addressed in the HSC to improve the efficiency and include the PHA’s channel deepening EIS, will be used to: (a) Identify the safety of the HSC system. A 905(b) for Federal authorization. The analysis affected public and agency concerns; (b) report recommending a cost shared would also evaluate widening to a facilitate an efficient EIS preparation feasibility-level study was approved on width greater than 350 feet (25-foot process; (c) define the issues and September 22, 2015. increments). Other opportunities in this alternatives that will be examined in DATES: See SUPPLEMENTARY INFORMATION area are to evaluate the need for open detail in the EIS; and (d) save time in section for scoping meeting dates. water turning basin, and adding jetty/ the overall process by helping to ensure

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that the draft EIS adequately addresses DEPARTMENT OF DEFENSE Proposed Agenda: At this meeting the relevant issues. A Scoping Meeting agenda will include discussions and Notice announcing the locations, dates Department of the Army, Corps of presentations on ongoing work plan and times for scoping meetings is Engineers efforts including: ecosystem restoration anticipated to be posted on the PHA and project prioritization criteria, ecosystem U.S. Army Corps of Engineers Web sites Meeting of the Chief of Engineers goods and services, and aging and published in the local newspaper in Environmental Advisory Board infrastructure and aquatic ecosystem April 2016. AGENCY: Department of the Army, U.S. integrity. The EAB will also discuss Army Corps of Engineers, DoD. modifications to their work plan. The 5. Coordination. The USACE and the EAB will also hear presentations from U.S. Fish and Wildlife Service (USFWS) ACTION: Notice of open Federal advisory committee meeting. the U.S. Army Corps of Engineers on its have formally committed to work sustainability and resilience programs. together to conserve, protect, and restore SUMMARY: The Department of the Army Availability of Materials for the fish and wildlife resources while is publishing this notice to announce Meeting. A copy of the agenda or any ensuring environmental sustainability of the following Federal advisory updates to the agenda for the April 27, our Nation’s water resources under the committee meeting of the Chief of 2016 meeting will be available at the January 22, 2003, Partnership Engineers, Environmental Advisory meeting. The final version will be Agreement for Water Resources and Board (EAB). This meeting is open to provided at the meeting. All materials Fish and Wildlife. The USFWS will the public. For additional information will be posted to the Web site after the provide a Fish and Wildlife about the EAB, please visit the meeting. Coordination Act Report. Coordination committee’s Web site at http://www. Public Accessibility to the Meeting: will be maintained with the USFWS, the usace.army.mil/Missions/ Pursuant to 5 U.S.C. 552b, as amended, National Marine Fisheries Service Environmental/EnvironmentalAdvisory and 41 CFR 102–3.140 through 102– (NMFS) and the Texas Park and Wildlife Board.aspx. 3.165, and subject to the availability of space, this meeting is open to the Department (TPWD) regarding The meeting will be held from 9 DATES: public. Registration of members of the threatened and endangered species a.m. to 12 p.m. on April 27, 2016. Public public who wish to attend the meeting under their respective jurisdictional registration will begin at 8:30 a.m. will begin at 8:30 a.m. on the day of the responsibilities. Coordination will be ADDRESSES: The EAB meeting will be meeting. Seating is limited and is on a maintained with the NMFS regarding conducted at The Residence Inn first-to-arrive basis. Attendees will be essential fish habitat. Coordination will Washington, DC Downtown, located at asked to provide their name, title, be maintained with the U.S. 1199 Vermont Avenue NW., affiliation, and contact information to Environmental Protection Agency Washington, DC 20005, (202) 898–1100. include email address and daytime concerning compliance with Executive FOR FURTHER INFORMATION CONTACT: Ms. telephone number at registration. Any Order 12898, ‘‘Federal Action to Mindy M. Simmons, the Designated interested person may attend the Address Environmental Justice in Federal Officer (DFO) for the committee, meeting, file written comments or Minority Populations and Low-Income in writing at U.S. Army Corps of statements with the committee, or make Populations.’’ Coordination will be Engineers, ATTN: CECW–P, 441 G St. verbal comments from the floor during maintained with the Advisory Counsel NW.; Washington, DC 20314; by the public meeting, at the times, and in on Historic Preservation and the State telephone at 202–761–4127; and by the manner, permitted by the Historic Preservation Office. email at Mindy.M.Simmons@ committee, as set forth below. Coordination will be maintained with usace.army.mil. Alternatively, contact Special Accommodations: The the U.S. Coast Guard (USCG) to assure Ms. Anne Cann, the Alternate meeting venue is fully handicap no interruption with navigation. Designated Federal Officer (ADFO), in accessible, with wheelchair access. Coordination will be maintained with writing at the Institute for Water Individuals requiring special the Texas Department of Transportation Resources, U.S. Army Corps of accommodations to access the public (TXDOT) to assure limited interruption Engineers, ATTN: CEIWR–GW, 7701 meeting or seeking additional to highway traffic. The Texas Telegraph Road, Casey Building, information about public access Commission on Environmental Quality Alexandria, VA 22315–3868; by procedures, should contact Ms. telephone at 703–428–7166; and by (TCEQ) will be coordinated with to Simmons, the committee DFO, or Ms. email at [email protected]. obtain Water Quality Certification. The Cann, the ADFO, at the email addresses Texas General Land Office (GLO) will be SUPPLEMENTARY INFORMATION: The or telephone numbers listed in the FOR coordinated with on coastal committee meeting is being held under FURTHER INFORMATION CONTACT section, management. the provisions of the Federal Advisory at least five (5) business days prior to Committee Act of 1972 (5 U.S.C., the meeting so that appropriate 5. Availability of Draft EIS. The Appendix, as amended), the arrangements can be made. earliest that the draft EIS will be Government in the Sunshine Act of Written Comments or Statements: available for public review would be in 1976 (5 U.S.C. 552b, as amended), and Pursuant to 41 CFR 102–3.105(j) and 2017. The draft EIS or a notice of 41 CFR 102–3.150. 102–3.140 and section 10(a)(3) of the availability will be distributed to Purpose of the Meeting: The EAB will Federal Advisory Committee Act, the affected Federal, state, and local advise the Chief of Engineers on public or interested organizations may agencies, Indian tribes, and other environmental policy, identification and submit written comments or statements interested parties. resolution of environmental issues and to the EAB about its mission and/or the Dated: March 21, 2016. missions, and addressing challenges, topics to be addressed in this public problems, and opportunities in an meeting. Written comments or Richard P. Pannell, environmentally responsible manner. statements should be submitted to Ms. Colonel, U.S. Army, Commanding. The EAB is interested in written and Simmons, the committee DFO, or Ms. [FR Doc. 2016–07061 Filed 3–28–16; 8:45 am] verbal comments from the public Cann, the committee ADFO, via BILLING CODE 3720–58–P relevant to these purposes. electronic mail, the preferred mode of

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submission, at the addresses listed in DEPARTMENT OF EDUCATION following issues: (1) Is this collection the FOR FURTHER INFORMATION CONTACT necessary to the proper functions of the section in the following formats: Adobe [Docket No.: ED–2016–ICCD–0037] Department; (2) will this information be processed and used in a timely manner; Acrobat or Microsoft Word. The Agency Information Collection (3) is the estimate of burden accurate; comment or statement must include the Activities; Comment Request; Health (4) how might the Department enhance author’s name, title, affiliation, address, Education Assistance Loan (HEAL) the quality, utility, and clarity of the and daytime telephone number. Written Program Regs. comments or statements being information to be collected; and (5) how Federal Student Aid (FSA), submitted in response to the agenda set AGENCY: might the Department minimize the Department of Education (ED). forth in this notice must be received by burden of this collection on the the committee DFO or ADFO at least ACTION: Notice. respondents, including through the use five (5) business days prior to the of information technology. Please note SUMMARY: In accordance with the that written comments received in meeting so that they may be made Paperwork Reduction Act of 1995 (44 response to this notice will be available to the EAB for its U.S.C. chapter 3501 et seq.), ED is considered public records. consideration prior to the meeting. proposing an extension of an existing Title of Collection: Health Education Written comments or statements information collection. Assistance Loan (HEAL) Program Regs. received after this date may not be DATES: Interested persons are invited to OMB Control Number: 1845–0125. provided to the EAB until its next submit comments on or before May 31, Type of Review: An extension of an meeting. Please note that because the 2016. existing information collection. EAB operates under the provisions of ADDRESSES: To access and review all the Respondents/Affected Public: State, the Federal Advisory Committee Act, as documents related to the information Local, and Tribal Governments; amended, all written comments will be collection listed in this notice, please Individuals or Households. treated as public documents and will be use http://www.regulations.gov by Total Estimated Number of Annual made available for public inspection. searching the Docket ID number ED– Responses: 144,930. Verbal Comments: Members of the 2016–ICCD–0037. Comments submitted Total Estimated Number of Annual public will be permitted to make verbal in response to this notice should be Burden Hours: 26,409. comments during the meeting only at submitted electronically through the Abstract: The Health Education Federal eRulemaking Portal at http:// the time and in the manner allowed Assistance Loan (HEAL) Program www.regulations.gov by selecting the herein. If a member of the public is regulatory requirements for reporting, Docket ID number or via postal mail, record-keeping and notification are interested in making a verbal comment commercial delivery, or hand delivery. approved under OMB 1845–0125 after at the open meeting, that individual Please note that comments submitted by the transfer from the U.S. Department of must submit a request, with a brief fax or email and those submitted after Health and Human Services to the U.S. statement of the subject matter to be the comment period will not be Department of Education in 2014. The addressed by the comment, at least three accepted. Written requests for HEAL program provided federally (3) business days in advance to the information or comments submitted by insured loans to students for certain committee DFO or ADFO, via electronic postal mail or delivery should be health programs. No new loans have mail, the preferred mode of submission, addressed to the Director of the been made since 1998. However, loans at the addresses listed in the FOR Information Collection Clearance are still outstanding and being collected, FURTHER INFORMATION CONTACT section. Division, U.S. Department of Education, therefore the regulatory requirements for The committee DFO and ADFO will log 400 Maryland Avenue SW., LBJ, Room reporting, record-keeping and each request to make a comment, in the 2E–103, Washington, DC 20202–4537. notification continue to be needed to order received, and determine whether FOR FURTHER INFORMATION CONTACT: For administer the program. These the subject matter of each comment is specific questions related to collection regulations work to ensure that relevant to the EAB’s mission and/or the activities, please contact Beth participants in the program follow topics to be addressed in this public Grebeldinger, 202–377–4018. sound management procedures in the meeting. A 15-minute period near the SUPPLEMENTARY INFORMATION: The administration of the federal loan end of meeting will be available for Department of Education (ED), in program. verbal public comments. Members of accordance with the Paperwork Dated: March 24, 2016. the public who have requested to make Reduction Act of 1995 (PRA) (44 U.S.C. Kate Mullan, a verbal comment and whose comments 3506(c)(2)(A)), provides the general Acting Director, Information Collection have been deemed relevant under the public and Federal agencies with an Clearance Division, Office of the Chief Privacy process described above, will be allotted opportunity to comment on proposed, Officer, Office of Management. no more than three (3) minutes during revised, and continuing collections of [FR Doc. 2016–07036 Filed 3–28–16; 8:45 am] this period, and will be invited to speak information. This helps the Department BILLING CODE 4000–01–P in the order in which their requests assess the impact of its information were received by the DFO and ADFO. collection requirements and minimize the public’s reporting burden. It also DEPARTMENT OF EDUCATION Brenda S. Bowen, helps the public understand the Army Federal Register Liaison Officer. Department’s information collection [Docket No.: ED–2016–ICCD–0036] requirements and provide the requested [FR Doc. 2016–07062 Filed 3–28–16; 8:45 am] Agency Information Collection data in the desired format. ED is BILLING CODE 3720–58–P Activities; Comment Request; 2017– soliciting comments on the proposed 2018 Free Application for Federal information collection request (ICR) that Student Aid (FAFSA) is described below. The Department of Education is especially interested in AGENCY: Federal Student Aid (FSA), public comment addressing the Department of Education (ED).

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ACTION: Notice. information. This helps ED assess the The determination of need and impact of its information collection eligibility are for the following title IV, SUMMARY: In accordance with the requirements and minimize the public’s HEA, federal student financial Paperwork Reduction Act of 1995 (44 reporting burden. It also helps the assistance programs: The Federal Pell U.S.C. chapter 3501 et seq.), ED is public understand ED’s information Grant Program; the Campus-Based proposing a revision of an existing collection requirements and provide the information collection. programs (Federal Supplemental requested data in the desired format. ED Educational Opportunity Grant DATES: Interested persons are invited to is soliciting comments on the proposed submit comments on or before May 31, (FSEOG), Federal Work-Study (FWS), information collection request (ICR) that and the Federal Perkins Loan Program); 2016. is described below. ED is especially the William D. Ford Federal Direct Loan ADDRESSES: To access and review all of interested in public comments Program; the Teacher Education the documents related to the addressing the following issues: (1) Is information collection listed in this this collection necessary to the proper Assistance for College and Higher notice, please use http:// functions of ED; (2) will this Education (TEACH) Grant; and the Iraq www.regulations.gov by searching the information be processed and used in a and Afghanistan Service Grant. Docket ID number ED–2016–ICCD– timely manner; (3) is the estimate of Federal Student Aid, an office of the 0036. Comments submitted in response burden accurate; (4) how might ED U.S. Department of Education (hereafter to this notice should be submitted enhance the quality, utility, and clarity ‘‘the Department’’), subsequently electronically through the Federal of the information to be collected; and developed an application process to eRulemaking Portal at http:// (5) how might ED minimize the burden collect and process the data necessary to www.regulations.gov by selecting of this collection on the respondents, determine a student’s eligibility to Docket ID number or via postal mail, including through the use of receive title IV, HEA program commercial delivery, or hand delivery. information technology. Please note that assistance. The application process Please note that comments submitted by written comments received in response involves an applicant’s submission of fax or email and those submitted after to this notice will be considered public the Free Application for Federal Student the comment period will not be records. Aid (FAFSA®). After submission of the Title of Collection: 2017–2018 Free accepted. Written requests for FAFSA, an applicant receives a Student information or comments submitted by Application for Federal Student Aid (FAFSA). Aid Report (SAR), which is a summary postal mail or delivery should be of the data they submitted on the addressed to the Director of the OMB Control Number: 1845–0001. FAFSA. The applicant reviews the SAR, Information Collection Clearance Type of Review: A revision of an and, if necessary, will make corrections Division, U.S. Department of Education, existing information collection. or updates to their submitted FAFSA 400 Maryland Avenue SW., LBJ, Room Respondents/Affected Public: 2E–105, Washington, DC 20202–4537. Individuals. data. Institutions of higher education Total Estimated Number of Annual listed by the applicant on the FAFSA For FOR FURTHER INFORMATION CONTACT: Responses: 38,669,924. also receive a summary of processed specific questions related to collection Total Estimated Number of Annual data submitted on the FAFSA which is activities, please contact the Applicant Burden Hours: 20,036,012. Products Team at called the Institutional Student Abstract: Section 483 of the Higher Information Record (ISIR). [email protected]. Education Act of 1965, as amended SUPPLEMENTARY INFORMATION: The (HEA), mandates that the Secretary of The Department seeks OMB approval Department of Education (ED), in Education ‘‘ . . . shall produce, of all application components as a accordance with the Paperwork distribute, and process free of charge single ‘‘collection of information’’. The Reduction Act of 1995 (PRA) (44 U.S.C. common financial reporting forms as aggregate burden will be accounted for 3506(c)(2)(A)), provides the general described in this subsection to be used under OMB Control Number 1845–0001. public and Federal agencies with an for application and reapplication to The specific application components, opportunity to comment on proposed, determine the need and eligibility of a descriptions and submission methods revised, and continuing collections of student for financial assistance . . .’’. for each are listed in Table 1.

TABLE 1—FEDERAL STUDENT AID APPLICATION COMPONENTS

Component Description Submission method

Initial Submission of FAFSA

FAFSA on the Web (FOTW) ...... Online FAFSA that offers applicants a customized experience ...... Submitted by the applicant via fafsa.gov. FOTW—Renewal ...... Online FAFSA for applicants who have previously completed the FAFSA. FOTW—EZ ...... Online FAFSA for applicants who qualify for the Simplified Needs Test (SNT) or Automatic Zero (Auto Zero) needs analysis formulas. FOTW—EZ Renewal ...... Online FAFSA for applicants who have previously completed the FAFSA and who qualify for the SNT or Auto Zero needs analysis formulas. FAFSA on the Phone (FOTP) ...... The Federal Student Aid Information Center (FSAIC) representatives Submitted through fafsa.gov for assist applicants by filing the FAFSA on their behalf through FOTW. applicants who call 1–800–4– FED–AID. FOTP—EZ ...... FSAIC representatives assist applicants who qualify for the SNT or Auto Zero needs analysis formulas by filing the FAFSA on their be- half through FOTW.

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TABLE 1—FEDERAL STUDENT AID APPLICATION COMPONENTS—Continued

Component Description Submission method

FAA Access ...... Online tool that a financial aid administrator (FAA) utilizes to submit a Submitted through faaacess. FAFSA. ed.gov by an FAA on behalf of an applicant. FAA Access—Renewal ...... Online tool that an FAA can utilize to submit a Renewal FAFSA. FAA Access—EZ ...... Online tool that an FAA can utilize to submit a FAFSA for applicants who qualify for the SNT or Auto Zero needs analysis formulas. FAA Access—EZ Renewal ...... Online tool that an FAA can utilize to submit a FAFSA for applicants who have previously completed the FAFSA and who qualify for the SNT or Auto Zero needs analysis formulas. Electronic Other ...... This is a submission done by an FAA, on behalf of the applicant, The FAA may be using their main- using the Electronic Data Exchange (EDE). frame computer or software to facilitate the EDE process. Printed FAFSA ...... The printed version of the PDF FAFSA for applicants who are unable Mailed by the applicant. to access the Internet or complete the form using FOTW.

Correcting Submitted FAFSA Information and Reviewing FAFSA Information

FOTW—Corrections ...... Any applicant who has a Federal Student Aid ID (FSA ID)—regard- Submitted by the applicant via less of how they originally applied—may make corrections using fafsa.gov. FOTW Corrections. Electronic Other—Corrections ...... With the applicant’s permission, corrections can be made by an FAA The FAA may be using their main- using the EDE. frame computer or software to facilitate the EDE process. Paper SAR—This is a SAR and an The full paper summary that is mailed to paper applicants who did Mailed by the applicant. option for corrections. not provide an e-mail address and to applicants whose records were rejected due to critical errors during processing. Applicants can write corrections directly on the paper SAR and mail for proc- essing. FAA Access—Corrections ...... An institution can use FAA Access to correct the FAFSA ...... Submitted through faaacess. ed.gov by an FAA on behalf of an applicant. Internal Department Corrections ..... The Department will submit an applicant’s record for system-gen- There is no burden to the appli- erated corrections. cants under this correction type as these are system-based cor- rections. FSAIC Corrections ...... Any applicant, with their Data Release Number (DRN), can change These changes are made directly the postsecondary institutions listed on their FAFSA or change in the CPS system by a FSAIC their address by calling FSAIC. representative. SAR Electronic (eSAR) ...... The eSAR is an online version of the SAR that is available on FOTW Cannot be submitted for proc- to all applicants with an FSA ID. Notifications for the eSAR are essing. sent to students who applied electronically or by paper and pro- vided an e-mail address. These notifications are sent by e-mail and include a secure hyperlink that takes the user to the FOTW site.

This information collection also b The type of SAR document the on web trending tools, survey documents an estimate of the annual applicant receives (eSAR, SAR information, and other Department data public burden as it relates to the acknowledgment, or paper SAR); sources. application process for federal student b The formula applied to determine For this 2017–2018 Free Application aid. The Applicant Burden Model the applicant’s expected family for Federal Student Aid (FAFSA) (ABM) measures applicant burden contribution (EFC) (full need analysis collection, the Department is reporting a through an assessment of the activities formula, Simplified Needs Test or net burden decrease of ¥524,469 hours. each applicant conducts in conjunction Automatic Zero); and The reporting hour burden with other applicant characteristics and b The average amount of time calculations in this notice reflect the in terms of burden, the average involved in preparing to complete the Department’s best estimates using data applicant’s experience. Key application. from the 2015–16 FAFSA application determinants of the ABM include: The ABM is largely driven by the cycle in which Federal Student Aid b The total number of applicants that number of potential applicants for the traditionally has estimated reporting will potentially apply for federal application cycle. The total application burden. However, in order to reflect a student aid; projection for 2017–2018 is based upon change in which prior tax year’s two factors—estimating the growth rate information will be utilized in the b How the applicant chooses to of the total enrollment into post- application, a conservative estimate has complete and submit the FAFSA (e.g., ® secondary education and applying the been reflected as part of the reporting by paper or electronically via FOTW ); growth rate to the FAFSA submissions. hour burden calculation. As such, we b How the applicant chooses to The ABM is also based on the will continuously monitor and capture submit any corrections and/or updates application options available to students statistical information in order to reflect (e.g., the paper SAR or electronically via and parents. The Department accounts more accurate calculations in future FOTW Corrections); for each application component based cycles.

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Dated: March 24, 2016. Correction 2 ENVIRONMENTAL PROTECTION Stephanie Valentine, In the Federal Register of March 4, AGENCY Acting Director, Information Collection 2016 (81 FR 11532), in section IV, Clearance Division, Office of the Chief Privacy [EPA–HQ–OPP–2016–0035; FRL–9944–06] Officer, Office of Management. Application and Submission Information, in the first column on page Pesticide Experimental Use Permit; [FR Doc. 2016–07013 Filed 3–28–16; 8:45 am] 11535, after the last sentence of section Receipt of Application; Comment BILLING CODE 4000–01–P 2, Content and Form of Application Request Submission, add a new sentence Environmental Protection regarding page limits to read: AGENCY: DEPARTMENT OF EDUCATION Agency (EPA). ‘‘We will reject your application if ACTION: Notice. Applications for New Awards; Hispanic you exceed the page limit.’’ Serving Institutions Science, Correction 3 SUMMARY: This notice announces EPA’s Technology, Engineering & receipt of an application from Southern Mathematics (HSI STEM) and In the Federal Register of March 4, Gardens Citrus requesting an Articulation Program; Correction 2016 (81 FR 11532), on pages 11532 and experimental use permit (EUP) for the 11535, the application deadline date Citrus tristeza virus (88232–EUP–E). Catalog of Federal Domestic Assistance and the deadline for intergovernmental (CFDA) Number: 84.031C The Agency has determined that the review are provided. This notice permit may be of regional and national AGENCY: Office of Postsecondary extends those dates. The new dates are: significance. Therefore, because of the Education, Department of Education. Deadline for Transmittal of potential significance, EPA is seeking ACTION: Notice; correction. Applications: May 31, 2016. comments on this application. Deadline for Intergovernmental DATES: Comments must be received on SUMMARY: This notice corrects ‘‘Section Review: July 27, 2016. or before April 28, 2016. II. Award Information’’ and ‘‘Section IV. All other information in the March 4, ADDRESSES: Submit your comments, Application and Submission 2016, notice remains unchanged. Information’’ in the notice inviting identified by docket identification (ID) Program Authority: 20 U.S.C. applications for new awards for fiscal number EPA–HQ–OPP–2016–0035, by 1067q(b)(2)(B). year (FY) 2016 for the HSI STEM and one of the following methods: Articulation Program, published on Accessible Format: Individuals with • Federal eRulemaking Portal: http:// March 4, 2016. This notice also extends disabilities can obtain a copy of the www.regulations.gov. Follow the online the deadline dates for application application package in an accessible instructions for submitting comments. submission and intergovernmental format (e.g., braille, large print, Do not submit electronically any review. audiotape, or compact disc) by information you consider to be contacting the program contact person Confidential Business Information (CBI) DATES: Effective March 29, 2016. listed under FOR FURTHER INFORMATION or other information whose disclosure is Deadline for Transmittal of CONTACT. restricted by statute. Applications: May 31, 2016. Electronic Access to This Document: • Mail: OPP Docket, Environmental Deadline for Intergovernmental The official version of this document is Protection Agency Docket Center (EPA/ Review: July 27, 2016. the document published in the Federal DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. FOR FURTHER INFORMATION CONTACT: Register. Free Internet access to the Jeffrey Hartman or Everardo Gil, Office official edition of the Federal Register • Hand Delivery: To make special of Postsecondary Education, U.S. and the Code of Federal Regulations is arrangements for hand delivery or Department of Education, 400 Maryland available via the Federal Digital System delivery of boxed information, please Avenue SW., Room 7E311, Washington, at: www.gpo.gov/fdsys. At this site you follow the instructions at http:// DC 20202. Telephone: (202) 502–7607 can view this document, as well as all www.epa.gov/dockets/contacts.html. or (202) 219–7000 or by email: other documents of this Department Additional instructions on [email protected] or published in the Federal Register, in commenting or visiting the docket, [email protected]. text or Portable Document Format along with more information about If you use a telecommunications (PDF). To use PDF, you must have dockets generally, is available at device for the deaf or a text telephone, Adobe Acrobat Reader, which is http://www.epa.gov/dockets. call the Federal Relay Service, toll free, available free at the site. FOR FURTHER INFORMATION CONTACT: at 1–800–877–8339. You may also access documents of the Robert McNally, Biopesticides and Pollution Prevention Division (7511P), SUPPLEMENTARY INFORMATION: Department published in the Federal Register by using the article search Office of Pesticide Programs, Correction 1 feature at: www.federalregister.gov. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, In the Federal Register of March 4, Specifically, through the advanced DC 20460–0001; main telephone 2016 (81 FR 11532), on page 11534, in search feature at this site, you can limit number: (703) 305–7090; email address: the first column, section II, Award your search to documents published by [email protected]. Information, after ‘‘Estimated Range of the Department. Awards,’’ and before ‘‘Estimated Dated: March 24, 2016. SUPPLEMENTARY INFORMATION: Average Size of Awards’’ we add the Lynn B. Mahaffie, I. General Information ‘‘Maximum Award,’’ to read: Deputy Assistant Secretary for Policy, ‘‘Maximum Award: $1,200,000. Planning and Innovation Delegated the Duties A. Does this action apply to me? We will reject any application that of the Assistant Secretary for Postsecondary This action is directed to the public proposes a budget exceeding the Education. in general. Although this action may be maximum amount listed above for a [FR Doc. 2016–07071 Filed 3–28–16; 8:45 am] of particular interest to those persons single budget period of 12 months.’’ BILLING CODE 4000–01–P who conduct or sponsor research on

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pesticides, the Agency has not therefore is seeking public comment on Proposed Statement of Policy Regarding attempted to describe all the specific the EUP application: the Public Disclosure of Closed entities that may be affected by this Submitter: Southern Gardens Citrus, Enforcement Documents action. 1820 County Rd. 833, Clewiston, FL Motion to Open a Rulemaking to Assist 33440, (88232–EUP–E). Those Accepting Corporate B. What should I consider as I prepare Pesticide Chemical: Citrus tristeza Contributions or Making Corporate my comments for EPA? virus that has been modified to contain Expenditures in Complying with 1. Submitting CBI. Do not submit this combinations of the defensin genes Existing Campaign Finance Law information to EPA through (SoD2, SoD7, and SoD8) derived from Management and Administrative regulations.gov or email. Clearly mark spinach. Matters the part or all of the information that Summary of Request: Southern Individuals who plan to attend and you claim to be CBI. For CBI Gardens Citrus is requesting an require special assistance, such as sign information in a disk or CD–ROM that experimental use permit (EUP) for language interpretation or other you mail to EPA, mark the outside of the Citrus tristeza virus that has been reasonable accommodations, should disk or CD–ROM as CBI and then modified to contain combinations of the contact Shawn Woodhead Werth, identify electronically within the disk or defensin genes (SoD2, SoD7, and SoD8) Secretary and Clerk, at (202) 694–1040, CD–ROM the specific information that derived from spinach (Spinacia oleracea at least 72 hours prior to the meeting is claimed as CBI. In addition to one L.). Modified Citrus tristeza virus will be date. complete version of the comment that applied to citrus trees in order to confer PERSON TO CONTACT FOR INFORMATION: includes information claimed as CBI, a resistance to citrus greening disease. Judith Ingram, Press Officer, Telephone: copy of the comment that does not The proposed program is for 400 acres (202) 694–1220. contain the information claimed as CBI in Florida to generate agronomic, must be submitted for inclusion in the efficacy, and regulatory data and Shawn Woodhead Werth, public docket. Information so marked information. Secretary and Clerk of the Commission. will not be disclosed except in Contact: BPPD. [FR Doc. 2016–07120 Filed 3–25–16; 11:15 am] accordance with procedures set forth in Following the review of the BILLING CODE 6715–01–P 40 CFR part 2. application and any comments and data 2. Tips for preparing your comments. received in response to this solicitation, When preparing and submitting your EPA will decide whether to issue or comments, see the commenting tips at deny the EUP request, and if issued, the FEDERAL MINE SAFETY AND HEALTH http://www.epa.gov/dockets/ conditions under which it is to be REVIEW COMMISSION comments.html. conducted. Any issuance of an EUP will 3. Environmental justice. EPA seeks to be announced in the Federal Register. [BAC 6735–01] achieve environmental justice, the fair Authority: 7 U.S.C. 136 et seq. treatment and meaningful involvement Sunshine Act Notice Dated: March 22, 2016. of any group, including minority and/or March 25, 2016. low income populations, in the Mark A. Hartman, 10:00 a.m., Tuesday, development, implementation, and Acting Director, Biopesticides and Pollution TIME AND DATE: April 5, 2016. enforcement of environmental laws, Prevention Division, Office of Pesticide Programs. regulations, and policies. To help PLACE: The Richard V. Backley Hearing address potential environmental justice [FR Doc. 2016–07074 Filed 3–28–16; 8:45 am] Room, Room 511N, 1331 Pennsylvania issues, the Agency seeks information on BILLING CODE 6560–50–P Avenue NW., Washington, DC 20004 any groups or segments of the (enter from F Street entrance). population who, as a result of their STATUS: Open. location, cultural practices, or other FEDERAL ELECTION COMMISSION MATTERS TO BE CONSIDERED: The factors, may have atypical or Commission will consider and act upon disproportionately high and adverse Sunshine Act Meetings the following in open session: Secretary human health impacts or environmental AGENCY: Federal Election Commission. of Labor v. The American Coal effects from exposure to the pesticide(s) Thursday, March 31, Company, Docket Nos. LAKE 2008–666, discussed in this document, compared DATE AND TIME: 2016 at 10:00 a.m. et al. (Issues include whether the Judge to the general population. erred in vacating the unwarrantable PLACE: 999 E Street NW., Washington, II. What action is the Agency taking? failure designations for three violations.) DC (Ninth Floor). Any person attending this meeting Under section 5 of the Federal STATUS: This meeting will be open to who requires special accessibility Insecticide, Fungicide and Rodenticide the public. features and/or auxiliary aids, such as Act (FIFRA), 7 U.S.C. 136c, EPA can ITEMS TO BE DISCUSSED: sign language interpreters, must inform allow manufacturers to field test Correction and Approval of Minutes for the Commission in advance of those pesticides under development. February 11, 2016 needs. Subject to 29 CFR 2706.150(a)(3) Manufacturers are required to obtain an Correction and Approval of Minutes for and § 2706.160(d). EUP before testing new pesticides or February 25, 2016 CONTACT PERSON FOR MORE INFO: new uses of pesticides if they conduct Draft Advisory Opinion 2016–01: Ethiq, Emogene Johnson (202) 434–9935/(202) experimental field tests on 10 acres or Inc. 708–9300 for TDD Relay/1–800–877– more of land or one acre or more of Draft Final Rule and Explanation and 8339 for toll free. water. Justification for Technical Pursuant to 40 CFR 172.11(a), the Amendments to 2015 CFR Sarah L. Stewart, Agency has determined that the Proposed Modifications to Program for Deputy General Counsel. following EUP application may be of Requesting Consideration of Legal [FR Doc. 2016–07171 Filed 3–25–16; 4:15 pm] regional and national significance, and Questions by the Commission BILLING CODE 6735–01–P

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FEDERAL MINE SAFETY AND HEALTH A. Federal Reserve Bank of Chicago Unless otherwise noted, comments REVIEW COMMISSION (Colette A. Fried, Assistant Vice regarding the notices must be received President) 230 South LaSalle Street, at the Reserve Bank indicated or the [BAC 6735–01] Chicago, Illinois 60690–1414: offices of the Board of Governors not 1. James and Dorothy Watson, later than April 13, 2016. Sunshine Act Notice Pewaukee, Wisconsin, as trustee of the A. Federal Reserve Bank of Dallas March 25, 2016. James M. Watson & Dorothy Jean (Robert L. Triplett III, Senior Vice Watson Revocable Trust; the James M. President) 2200 North Pearl Street, TIME AND DATE: 11:00 a.m., Tuesday, April 5, 2016. Watson & Dorothy Jean Watson Dallas, Texas 75201–2272: Revocable Trust; together with Al Lustig 1. Texas Security Bancshares, Inc., PLACE: The Richard V. Backley Hearing and Janice Watson, Thiensville, Dallas, Texas; to engage de novo in Room, Room 511N, 1331 Pennsylvania Wisconsin, as trustee of the Al Lustig & extending credit and servicing loans, Avenue NW., Washington, DC 20004 Janice Watson Trust; the Al Lustig & pursuant to section 225.28(b)(1). (enter from F Street entrance). Janice Watson Trust; Richard and Open. Board of Governors of the Federal Reserve STATUS: Christine Watson, Richmond, Virginia, System, March 24, 2016. MATTERS TO BE CONSIDERED: The as trustee of the Richard J. Watson and Michael J. Lewandowski, Commission will consider and act upon Christine E. Watson Revocable Living Associate Secretary of the Board. the following in open session: Secretary Trust; the Richard J. Watson and of Labor v. Kentucky Fuel Corporation, Christine E. Watson Revocable Living [FR Doc. 2016–07056 Filed 3–28–16; 8:45 am] Docket Nos. KENT 2011–1557, et al. Trust; Andrew Lustic, Theinsville, BILLING CODE 6210–01–P (Issues include whether the Judge erred Wisconsin; Daniel J. Watson, Mesa, in ruling that the Secretary’s issuance of Arizona; Sarah E. Watson, LaCrosse, two separate citations with regard to the Wisconsin; and Catharine De Renzis, FEDERAL RESERVE SYSTEM condition of a dozer was not Richmond, Virginia, as a group acting in Formations of, Acquisitions by, and impermissibly duplicative.) concert; to retain voting shares of Mergers of Bank Holding Companies Any person attending this meeting Citizens Bank Holding, Inc., who requires special accessibility Mukwonago, Wisconsin, and thereby The companies listed in this notice features and/or auxiliary aids, such as indirectly retain voting shares of have applied to the Board for approval, sign language interpreters, must inform Citizens Bank, Mukwonago, Wisconsin. pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) the Commission in advance of those Board of Governors of the Federal Reserve needs. Subject to 29 CFR 2706.150(a)(3) System, March 24, 2016. (BHC Act), Regulation Y (12 CFR part and § 2706.160(d). Michael J. Lewandowski, 225), and all other applicable statutes and regulations to become a bank CONTACT PERSON FOR MORE INFO: Associate Secretary of the Board. Emogene Johnson (202) 434–9935/(202) holding company and/or to acquire the [FR Doc. 2016–07057 Filed 3–28–16; 8:45 am] assets or the ownership of, control of, or 708–9300 for TDD Relay/1–800–877– BILLING CODE 6210–01–P 8339 for toll free. the power to vote shares of a bank or bank holding company and all of the Sarah L. Stewart, banks and nonbanking companies FEDERAL RESERVE SYSTEM Deputy General Counsel. owned by the bank holding company, [FR Doc. 2016–07172 Filed 3–25–16; 4:15 pm] Notice of Proposals To Engage in or including the companies listed below. The applications listed below, as well BILLING CODE 6735–01–P To Acquire Companies Engaged in Permissible Nonbanking Activities as other related filings required by the Board, are available for immediate The companies listed in this notice inspection at the Federal Reserve Bank FEDERAL RESERVE SYSTEM have given notice under section 4 of the indicated. The applications will also be Bank Holding Company Act (12 U.S.C. Change in Bank Control Notices; available for inspection at the offices of 1843) (BHC Act) and Regulation Y, (12 Acquisitions of Shares of a Bank or the Board of Governors. Interested CFR part 225) to engage de novo, or to Bank Holding Company persons may express their views in acquire or control voting securities or writing on the standards enumerated in The notificants listed below have assets of a company, including the the BHC Act (12 U.S.C. 1842(c)). If the applied under the Change in Bank companies listed below, that engages proposal also involves the acquisition of Control Act (12 U.S.C. 1817(j)) and either directly or through a subsidiary or a nonbanking company, the review also § 225.41 of the Board’s Regulation Y (12 other company, in a nonbanking activity includes whether the acquisition of the CFR 225.41) to acquire shares of a bank that is listed in § 225.28 of Regulation Y nonbanking company complies with the or bank holding company. The factors (12 CFR 225.28) or that the Board has standards in section 4 of the BHC Act that are considered in acting on the determined by Order to be closely (12 U.S.C. 1843). Unless otherwise notices are set forth in paragraph 7 of related to banking and permissible for noted, nonbanking activities will be the Act (12 U.S.C. 1817(j)(7)). bank holding companies. Unless conducted throughout the United States. The notices are available for otherwise noted, these activities will be Unless otherwise noted, comments immediate inspection at the Federal conducted throughout the United States. regarding each of these applications Reserve Bank indicated. The notices Each notice is available for inspection must be received at the Reserve Bank also will be available for inspection at at the Federal Reserve Bank indicated. indicated or the offices of the Board of the offices of the Board of Governors. The notice also will be available for Governors not later than April 22, 2016. Interested persons may express their inspection at the offices of the Board of A. Federal Reserve Bank of Chicago views in writing to the Reserve Bank Governors. Interested persons may (Colette A. Fried, Assistant Vice indicated for that notice or to the offices express their views in writing on the President) 230 South LaSalle Street, of the Board of Governors. Comments question whether the proposal complies Chicago, Illinois 60690–1414: must be received not later than April 13, with the standards of section 4 of the 1. Hometown Community Bancorp, 2016. BHC Act. Inc. and Hometown Community

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Bancorp, Inc., Employee Stock viewed at http://open.gsa.gov/EarthDay 1. Visually display or transmit data in Ownership Plan and Trust, both in Hackathon/. a way that will enhance the way federal Morton, Illinois; to acquire 100 percent Participants will be competing on government works; and of the voting shares of Trivoli Bancorp, teams to develop smart technology 2. Identify relationships through the Inc., and thereby indirectly acquire solutions in the form of an application, analysis of the data, if they exist, while voting shares of Heritage Bank of application programming interface providing valuable insights that could Central Illinois, both in Trivoli, Illinois. (API), web/mobile application, data be gained through improved data B. Federal Reserve Bank of Dallas mashup, etc., that have the capability to collection efforts. (Robert L. Triplett III, Senior Vice provide the federal government with Predetermined teams (consisting of 5 President) 2200 North Pearl Street, key insights pertaining to data. individuals) are welcome to include a Dallas, Texas 75201–2272: DATES: Online registration for this event stand-alone or mix of private industry, 1. County Bancshares, Inc., Orange, will open on March 29, 2016, and will academia, and eligible individuals. Cash Texas; to become a bank holding close Tuesday, April 19, 2016, at 11:59 prizes will be awarded to the best company by acquiring 100 percent of p.m. Eastern Standard Time (EST). The projects. the voting shares of First Live Oak competition will be open on Friday, Data: Participants will be provided all Bancshares, Inc., and First State Bank, April 22, 2016, from 9:00 a.m. until 4:30 final project ideas, existing code, and both in Three Rivers, Texas. p.m. Eastern Standard Time (EST); on- publicly available datasets in advance of Board of Governors of the Federal Reserve site registration at GSA will begin at the event. Event information will be System, March 24, 2016. 8:00 a.m. (EST). posted on the event page at, http://open. gsa.gov/EarthDayHackathon/, and will Michael J. Lewandowski, ADDRESSES: Registration: Registration for this event will be accomplished be updated as necessary. Associate Secretary of the Board. Projects: Hackathon Projects may [FR Doc. 2016–07058 Filed 3–28–16; 8:45 am] online at the following link: http://open. gsa.gov/EarthDayHackathon/. include the following: BILLING CODE 6210–01–P The event space is limited to the first • CEQ Challenges: 1. Create a visual dashboard on 200 people; once registration is sustainable purchasing, by agency, complete, participants will receive a using data captured in the government- GENERAL SERVICES confirmation email. ADMINISTRATION Event Location: GSA Headquarters, wide procurement system. 2. Create a Web site and/or app that [Notice-ID–2016–01; Docket No. 2016–0002; 1800 F Street NW., Washington, DC allows federal agencies and/or the Sequence No. 6] 20405. A government-issued ID shall be required to gain access into the public user, if appropriate, to assess Government-Wide Earth Day building. All participants must enter whether or not their property is located Hackathon, April 22, 2016 through the main entrance located on in an area of wildfire risk. • EPA’s Challenges: 1800 F Street NW. AGENCY: Innovative Technologies and 1. Develop a method to identify 18F (OCSIT/18F), Office of Citizen FOR INFORMATION CONTACT: Ms. Cindy A. fraudulent reporting to the EPA using Services, General Services Smith at [email protected] or 816– Benford’s law of statistical probability. Administration (GSA). 823–5291. 2. Develop a mobile app that ACTION: Notice. SUPPLEMENTARY INFORMATION: improves environmental awareness Purpose: In this competition, through the use of geo-fences. SUMMARY: The purpose of this notice is participants are asked to develop a 3. Develop code that can be deployed to announce a software programming technology-driven solution using on Android and iOS mobile apps that and data innovation competition hosted publicly available data that allows an displays UV Index Forecast information by GSA’s, Office of Citizen Services, agency to identify opportunities for specific to a defined beach. Innovative Technologies and 18F improvements and transparency. As 4. Develop improved data (OCSIT/18F). GSA’s OCSIT/18F such, the Federal Government visualizations or a consolidated Organization will be partnering with the challenges the participants to create a dashboard associated with the climate White House Council on Environmental solution using the data provided. change indicator data. Quality (CEQ), the United States Electronic links to publicly available • GSA’s Challenges: Environmental Protection Agency datasets will be provided through the 1. Create a browser extension or add- (EPA), the General Services competition details Web page. on (for IE or Chrome) that allows users Administration (GSA), the National Details of Challenge: Participants will to determine whether the product they Institute of Standards and Technology be asked to design and create a digital are viewing meets federal and agency (NIST), the National Oceanic and interactive solution that utilizes federal sustainability requirements. Atmospheric Administration (NOAA), data collected. The solutions should not 2. Develop a streamlined management the United States Department of simply be analysis tools that tell what tool to help teams collaborate and Agriculture (USDA), and the United is already known; rather, they should be incorporate sustainability into any States Forest Service (USFS) to present forward-thinking solutions that enhance building project. a Government-wide Earth Day transparency. 3. Build an app that allows a user to Hackathon, on Friday, April 22, 2016. The solution should be a data-driven take a photo of products, building OCSIT/18F is inviting coders, solution to provide meaningful insights materials, and systems and receive developers, designers, engineers, data that can help drive smarter decisions by green tips and sustainable purchasing scientists, and Subject Matter Experts federal employees. The ultimate goal is information. (SMEs) from industry, academia, and to help federal agencies use data to 4. Create a phone application the federal government to participate. identify opportunities for (Android or iOS) that allows a user to GSA, along with the agencies listed improvements, share data with other scan a barcode, or lookup a product, and above, will present green and federal agencies, and become more then notifies the user if the product sustainable projects for participants to transparent to the American public. meets the latest sustainability work on. The competition details can be The solution should— requirements.

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• NIST Challenge: Create an demonstrate financial responsibility in 4. No person, group, or field of environmentally-friendly product order to participate in this Hackathon. endeavor can be denied access to the selection Web Interface API. As the Federal Government is under program. • NOAA Challenges: a strict duty not to give preferential 5. The rights attached to the program 1. Create an API, browser extension or treatment to any private organization or must not depend on the program being addon (for IE or Chrome) that allows individual, participants must agree to part of a particular software users to compute their custom normals take diligent care to avoid the distribution. from NOAA’s records of surface appearance of Federal Government 6. The licensed software cannot place temperature and precipitation. endorsement of competition restrictions on other software that is 2. Create an API or tool that allows participation and submission. distributed with it. users to easily find Next-Generation Participants must agree not to refer to 7. The solution must be an online, Radar (NEXRAD) data on Amazon AWS the Federal Government’s use of their interactive solution that meets the goals 33. submission (be it product or service) in and objectives provided in this 3. Create an app, browser extension or any commercial advertising or similar document. add-on (for IE or Chrome) that allows promotions in a manner that could 8. The solution must include users to visualize and/or compute on reasonably imply (in the judgment of a documentation of all data sources used. NOAA’s current Multi-Radar Multi- reasonable person) that the GSA or the 9. The solution must include a Sensor (MRMS). Federal Government endorses, prefers, description of how the solution can be updated with additional data from other • USDA Challenge: Develop methods sponsors, or has an affiliation with to present and compare performance on participants’ products or services. agencies. 10. The solver must provide energy and water use in Forest Service Participants agree that GSA’s recommendations to enhance facilities. trademarks, logos, service marks, trade names, or the fact that GSA awarded a government insights through • USFS Challenge: Develop a improvements in data collection. prototype of a tool available on the web prize to a participant, shall not be used by the participant to imply direct GSA The winner(s) of the competition will, or as a phone app, that allows users to in consideration of the prize(s) to be quickly and easily access shade scores endorsement of participant or participant’s submission. Both awarded, grant to GSA a perpetual, non- for any neighborhood in the United exclusive, royalty-free license to use any States. participants and GSA may list the other party’s name in a publicly available and all intellectual property to the Eligibility for Challenge: Eligibility to customer or other list so long as the winning entry for any governmental participate in the Government-wide name is not displayed in a more purpose, including the right to permit Earth Day Hackathon and win a prize is prominent fashion than any other third- such use by any other agency or limited to entities/individuals— party name. agencies of the Federal Government. All 1. That have registered to participate Prizes: GSA may award prizes of no other rights of the winning entrant will in the competition and complied with more than $1,000 to each member of a be retained by the winner of the the rules of the competition as winning team (3 teams total). GSA is not competition. explained in this posting; and required to award all prizes if the judges Scope: Any federal data and 2. That have been incorporated in and determine that a smaller number of information that is publicly available is maintain a primary place of business in entries meet the scope and requirements included in the scope of this challenge. the United States. In the case of an laid out for this competition, or if the Final project ideas, existing code, and individual, whether participating singly agency only plans to use code from a public datasets will be provided in or in a group, the participant must be a smaller number of entries. advance of the event. citizen or permanent resident of the Funding for the Government-wide Judges: There will be a panel of United States. Earth Day Hackathon award will come judges, each with expertise in Participants may not be a federal from GSA. Prizes will be awarded to government-wide policy, information entity or federal employee acting within each member of a winning team via technology, and/or acquisition. Judges the scope of employment. However, an Electronic Funds Transfer (EFT), within will award a score to each submission. individual or entity shall not be deemed 60 days of announcing the winner(s). The winner(s) of the competition will be ineligible to win prize money because Requirements: The final solution decided based on the highest average the individual or entity used federal should be open source code and placed overall score. Judges will only facilities or consulted with federal on a GSA site to be specified to participate in judging submissions for employees during a competition if the participants the day of the event. ‘‘Open which they do not have any conflicts of facilities and employees are made source’’ refers to a program in which the interest. available to all individuals and entities source code is available to the general Judging Criteria: Each solution will be participating in the competition on an public for use and/or modification from assessed based on technical competence equitable basis. its original design free of charge. In and capabilities, use of data to provide Participants agree to assume any and order to be Open Source Initiative effective outcomes, creativity/ all risks and waive claims against the Certified, the solution must meet the innovation, and valuable information Federal Government and its related following ten criteria: and insights. entities, except in the case of willful 1. The author or holder of the license Submissions will be judged based on misconduct, for any injury, death, of the source code cannot collect the following metrics— damage, or loss of property, revenue, or royalties on the distribution of the Technical Competence and profits, whether direct, indirect, or program. consequential, arising from 2. The distributed program must make Capabilities/Weight 50% participation in this competition, the source code accessible to the user. The solution addresses the primary whether the injury, death, damage, or 3. The author must allow goals of the Hackathon. It is a finished loss arose through negligence or modifications and derivations of the product that can provide insightful otherwise. Entrants are not required to work under the program’s original analysis and show the Federal obtain liability insurance or name. Governmentgovernment how to

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enhance/improve existing functions, ACTION: Notice. consideration, comments and share data across federal agencies and recommendations must be submitted in more efficiently utilize existing SUMMARY: The Centers for Medicare & any one of the following ways: applications. Medicaid Services (CMS) is announcing 1. Electronically. You may send your an opportunity for the public to comments electronically to http:// Use of Data To Provide Effective comment on an information collection Outcomes/Weight 20% www.regulations.gov. Follow the concerning CMS’ Healthy Indiana instructions for ‘‘Comment or The solution displays in a way that is Program (HIP) 2.0 Beneficiaries Survey. Submission’’ or ‘‘More Search Options’’ easy to understand, visually appealing, We are also announcing that the to find the information collection and will help drive understanding of proposed information collection had document(s) that are accepting current trends as well as been submitted to OMB and was comments. approved under control number 0938– recommendations. 2. By regular mail. You may mail 1300 through September 30, 2016. In written comments to the following Creativity/Innovation/Weight 10% accordance with the implementing address: CMS, Office of Strategic The solution exceeds any internal regulations of the Paperwork Reduction Operations and Regulatory Affairs, capability that GSA has for analysis of Act of 1995 (PRA) at 5 CFR 1320.13, our Division of Regulations Development, data through its incorporation of information collection request (ICR) was Attention: CMS–10615/OMB Control creative design elements and innovative submitted to OMB for emergency Number 0938–1300, Room C4–26–05, capabilities. processing. We requested emergency 7500 Security Boulevard, Baltimore, review under 5 CFR 1320.13(a)(2)(i) Valuable Information & Insights Maryland 21244–1850. because public harm is reasonably likely Regarding Data/Weight 20% To obtain copies of a supporting to result if the normal clearance statement and any related forms for the The solver provides recommendations procedures were followed. for additional data elements to be Following the regular PRA clearance proposed collection(s) summarized in collected by the Federal Government. process would jeopardize the timely this notice, you may make your request The solver identifies gaps in the data completion of CMS’ evaluation of the using one of following: and utilizes external data sources and State’s upcoming non-emergency 1. Access CMS’ Web site address at research to aid the government in medical transportation (NEMT) waiver http://www.cms.hhs.gov/Paperwork setting future data collection policies. and other important waivers. Most ReductionActof1995. Challenge Objectives: importantly, it would potentially cause 2. Email your request, including your • Utilize data to create an application, significant harm by depriving Medicaid address, phone number, OMB number, API, and/or data mashup. beneficiaries—especially those affected and CMS document identifier, to • Provide a better understanding of by the NEMT waiver—of appropriate [email protected]. use and needs of current and future data medical services and needed care. 3. Call the Reports Clearance Office at assets. Although we have already received (410) 786–1326. • Post all open source solutions on OMB approval to test and develop the the GSA open source code site for future FOR FURTHER INFORMATION CONTACT: survey instruments, we are soliciting use by the Federal Government Reports Clearance Office at (410) 786– public comment during the testing and developer community and GSA. 1326. development phase to meet the All participants are required to check SUPPLEMENTARY INFORMATION: in with Security upon arriving at the conditions of OMB’s Terms of GSA Central Office Building. Follow the Clearance. Importantly, CMS will Contents posted signs to the Conference Center, provide the public with another opportunity to comment, via a 30-day This notice sets out a summary of the Rooms 1459, 1460, and 1461. use and burden associated with the All participants must sign the public comment period, prior to the implementation phase of this effort. following ICR. More detailed document titled: Gratuitous Service information can be found in the Agreement. Under the PRA, federal agencies are required to publish notice in the collection’s supporting statement and Dated: March 23, 2016. Federal Register concerning each associated materials (see ADDRESSES). Kris Rowley, proposed ICR. Interested persons are CMS–10615 Healthy Indiana Program Director, Enterprise Information & Data invited to send comments regarding our (HIP) 2.0 Beneficiaries Survey Mgmt. Ofc. burden estimates or any other aspect of [FR Doc. 2016–07032 Filed 3–28–16; 8:45 am] this ICR, including any of the following Under the PRA (44 U.S.C. 3501– 3520), federal agencies must obtain BILLING CODE 6820–34–P subjects: (1) The necessity and utility of the proposed ICR for the proper approval from the Office of Management performance of the agency’s functions; and Budget (OMB) for each collection of (2) the accuracy of the estimated information they conduct or sponsor. DEPARTMENT OF HEALTH AND The term ‘‘collection of information’’ is HUMAN SERVICES burden; (3) ways to enhance the quality, utility, and clarity of the information to defined in 44 U.S.C. 3502(3) and 5 CFR Centers for Medicare & Medicaid be collected; and (4) the use of 1320.3(c) and includes agency requests Services automated collection techniques or or requirements that members of the public submit reports, keep records, or [Document Identifier: CMS–10615] other forms of information technology to minimize the information collection provide information to a third party. In burden. compliance with the requirement of Emergency Clearance: Public section 3506(c)(2)(A) of the PRA, we Information Collection Requirements DATES: Comments must be received by submitted to OMB the following Submitted to the Office of Management April 8, 2016. requirements for emergency approval. and Budget (OMB) ADDRESSES: When commenting, please OMB approved the emergency ICR on AGENCY: Centers for Medicare & reference the document identifier or March 21, 2016, with an expiration date Medicaid Services, HHS. OMB control number. To be assured of September 30, 2016.

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Information Collection DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES Valerie Bond, Administration on 1. Type of Information Collection Community Living, Administration on Request: New collection (Request for a Administration on Community Living Intellectual and Developmental new OMB control number); Title of Disabilities, Office of Program Support, Information Collection: Healthy Indiana Proposed Information Collection 330 C Street SW., Room 1139–C, Program (HIP) 2.0 Beneficiaries Survey; Activity; Comment Request; State Washington, DC 20201, (202) 795–7311. Use: Approval for testing and Developmental Disabilities Council 5- SUPPLEMENTARY INFORMATION: In developing the survey is vital to Year State Plan adequately inform CMS decision compliance with the requirements of making regarding Section 1115 Waivers, AGENCY: Administration on Intellectual Section 506(c)(2)(A) of the Paperwork in particular the State’s upcoming and Developmental Disabilities, Reduction Act of 1995, the NEMT waiver due for renewal by Administration on Community Living, Administration on Community Living is December 1, 2016. The NEMT benefit HHS. soliciting public comment on the specific aspects of the information provides transportation for Medicaid ACTION: Notice. beneficiaries who otherwise have no collection described above. Copies of the proposed collection of information means of transportation to get to and SUMMARY: A plan developed by the State from medical services. The Healthy Council on Developmental Disabilities can be obtained and comments may be Indiana Program (HIP) 2.0 is required by federal statute. Each State forwarded by writing to: Valerie Bond, demonstration provides authority for Council on Developmental Disabilities Administration on Community Living, the State to not offer NEMT for the new must develop the plan, provide for Administration on Intellectual and adult group during the first year of the public comments in the State, provide Developmental Disabilities, Office of demonstration (except for pregnant for approval by the State’s Governor, Program Support, 330 C Street NW., women and individuals determined to and finally submit the plan on a five- Room 1139–C, Washington, DC 20201. be medically frail). CMS may extend the year basis. On an annual basis, the The Department specifically requests State’s authority, subject to evaluation Council must review the plan and make comments on: (a) Whether the proposed of the impact of this policy on access to any amendments. The State Plan will be Collection of information is necessary care. Form Number: CMS–10615 (OMB used (1) by any amendments. The State for the proper performance of the control number: 0938–1300); Frequency: Plan will be used (2) by the Council as function of the agency, including Once; Affected Public: Individuals and a planning document; (3) by the whether the information shall have households; Number of Respondents: citizenry of the State as a mechanism for practical utility; (b) the accuracy of the 36; Total Annual Responses: 36; Total commenting on the plans of the agency’s estimate of the burden of the Annual Hours: 36. (For policy questions Council; (4) by the Department as a proposed collection of information; (c) regarding this collection contact Teresa stewardship tool, for ensuring the quality, utility, and clarity of the DeCaro at 202–384–6309). compliance with the Developmental information to be collected; (d) ways to Disabilities Assistance and Bill of Rights minimize the burden information to be Written comments and collected; and (e) ways to minimize the recommendations will be considered Act, as one basis for providing technical assistance (e.g., during site visits), and burden of the collection of information from the public if received by the date on respondents, including through the and address noted above. as a support for management decision making. use of automated collection technique Dated: March 22, 2016. comments and or other forms of William N. Parham, III, DATES: Submit written comments on the information technology. Consideration collection of information by May 31, Director, Paperwork Reduction Staff, Office will be given to comments and of Strategic Operations and Regulatory 2016. suggestions submitted within 60 days of Affairs. ADDRESSES: Submit written comments this publication. [FR Doc. 2016–06828 Filed 3–28–16; 8:45 am] on the collection of information by Respondents: 56 State Developmental BILLING CODE 4120–01–P email to: [email protected]. Disabilities Councils.

ANNUAL BURDEN ESTIMATES

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

State Developmental Disabilities Council 5-Year State Plan ...... 56 1 367 20,552

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug Hours: 20,552. HUMAN SERVICES Administration (FDA) is establishing a Dated: March 22, 2016. public docket to make available to the Food and Drug Administration public a report of the pediatric studies Kathy Greenlee, of Lorazepam that were conducted in [Docket No. FDA–2015–N–3037] Administrator and Assistant Secretary for accordance with the Public Health Aging. Pediatric Studies of Lorazepam; Service Act (PHS Act) and submitted to [FR Doc. 2016–07065 Filed 3–28–16; 8:45 am] Establishment of Public Docket the Director of the National Institutes of BILLING CODE 4154–01–P Health (NIH) and the Commissioner of AGENCY: Food and Drug Administration, Food and Drugs. HHS. Submit either electronic or Notice; establishment of docket. DATES: ACTION: written comments by April 28, 2016.

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ADDRESSES: You may submit comments copies total. One copy will include the new drug application for a drug for as follows: information you claim to be confidential which pediatric studies are needed to with a heading or cover note that states provide safety and efficacy information Electronic Submissions ‘‘THIS DOCUMENT CONTAINS for pediatric labeling. If the sponsors Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The receiving the written request decline to following way: Agency will review this copy, including conduct the studies or if FDA does not • Federal eRulemaking Portal: http:// the claimed confidential information, in receive a response to the written request www.regulations.gov. Follow the its consideration of comments. The within 30 days of the date the written instructions for submitting comments. second copy, which will have the request was issued, the Secretary, acting Comments submitted electronically, claimed confidential information through the Director of NIH, and in including attachments, to http:// redacted/blacked out, will be available consultation with FDA, must publish a www.regulations.gov will be posted to for public viewing and posted on http:// request for proposals to conduct the the docket unchanged. Because your www.regulations.gov. Submit both pediatric studies described in the comment will be made public, you are copies to the Division of Dockets written request and award funds to an solely responsible for ensuring that your Management. If you do not wish your entity with appropriate expertise for the comment does not include any name and contact information to be conduct of the pediatric studies confidential information that you or a made publicly available, you can described in the written request. Upon third party may not wish to be posted, provide this information on the cover completion of the pediatric studies, a such as medical information, your or sheet and not in the body of your study report that includes all data anyone else’s Social Security number, or comments and you must identify this generated in connection with the confidential business information, such information as ‘‘confidential.’’ Any studies must be submitted to FDA and as a manufacturing process. Please note information marked as ‘‘confidential’’ NIH and placed in a public docket that if you include your name, contact will not be disclosed except in assigned by FDA. information, or other information that accordance with 21 CFR 10.20 and other Lorazepam is commonly used in identifies you in the body of your applicable disclosure law. For more pediatric practice as a first-line agent for comments, that information will be information about FDA’s posting of the initial treatment of status posted on http://www.regulations.gov. comments to public dockets, see 80 FR epilepticus. However, there is limited • If you want to submit a comment 56469, September 18, 2015, or access information available about dosing, with confidential information that you the information at: http://www.fda.gov/ pharmacokinetics, effectiveness, and do not wish to be made available to the regulatoryinformation/dockets/ safety in pediatric patients treated with public, submit the comment as a default.htm. Lorazepam. written/paper submission and in the Docket: For access to the docket to A written request for pediatric studies manner detailed (see ‘‘Written/Paper read background documents or the of Lorazepam was issued on July 5, Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments 2002, to Wyeth-Ayerst Research, the received, go to http:// holder of the new drug applications for Written/Paper Submissions www.regulations.gov and insert the Lorazepam. FDA did not receive a Submit written/paper submissions as docket number, found in brackets in the response to the written request. On follows: heading of this document, into the January 21, 2003, NIH published a • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts Federal Register notice (68 FR 2789) written/paper submissions): Division of and/or go to the Division of Dockets announcing the addition of several Dockets Management (HFA–305), Food Management, 5630 Fishers Lane, rm. drugs, including Lorazepam, to the and Drug Administration, 5630 Fishers 1061, Rockville, MD 20852. priority list of drugs most in need of Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Lori study for use by children to ensure their • For written/paper comments Gorski, Center for Drug Evaluation and safety and efficacy. Accordingly, NIH submitted to the Division of Dockets Research, Food and Drug issued a request for proposals to Management, FDA will post your Administration, 10903 New Hampshire conduct the pediatric studies described comment, as well as any attachments, Ave., Bldg. 22, rm. 6466, Silver Spring, in the written request and awarded except for information submitted, MD 20993–0002, Lori.Gorski@ funds to the Children’s National marked and identified, as confidential, fda.hhs.gov. Medical Center in September 2004, to if submitted as detailed in complete the studies described in the Under ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: written request. Upon completion of the section 409I of the PHS Act (42 U.S.C. Instructions: All submissions received pediatric studies, a report of the 284m), the Secretary of the Department must include the Docket No. FDA– pediatric studies of Lorazepam was of Health and Human Services (the 2015–N–3037 for ‘‘Pediatric Studies of submitted to NIH and FDA. As required Secretary) acting through the Director of Lorazepam; Establishment of Public under section 409I of the PHS act, FDA the NIH, in consultation with FDA and Docket.’’ Received comments will be opened a public docket and NIH placed placed in the docket and, except for experts in pediatric research, must in the docket the report of pediatric those submitted as ‘‘Confidential develop, prioritize, and publish a list of studies of Lorazepam that was Submissions,’’ publicly viewable at priority needs in pediatric therapeutics, submitted to NIH and FDA. The report including drugs and indications that http://www.regulations.gov or at the 1 includes all data generated in Division of Dockets Management require study. For drugs and connection with the study, including between 9 a.m. and 4 p.m., Monday indications on this list, FDA, acting in the written request. through Friday. consultation with NIH, is authorized to We invite interested parties to review • Confidential Submissions—To issue a written request to holders of a the report and submit comments to the submit a comment with confidential new drug application or abbreviated docket. The public docket is available information that you do not wish to be for public review in the Division of 1 Prior to the 2007 reauthorization of the Best made publicly available, submit your Pharmaceuticals for Children Act (Pub. L. 107–109), Dockets Management (see ADDRESSES) comments only as a written/paper the priority list included specific drugs instead of between 9 a.m. and 4 p.m., Monday submission. You should submit two therapeutic areas. through Friday.

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Dated: March 23, 2016. uses previously published for the that individual requester or appellant. Leslie Kux, system will remain in effect. The intent is to include in the Associate Commissioner for Policy. ADDRESSES: You may submit comments Categories of Individuals section only [FR Doc. 2016–07012 Filed 3–28–16; 8:45 am] to Beth Kramer, HHS Privacy Act individual requesters and appellants (not, for example, individual BILLING CODE 4164–01–P Officer, FOIA/PA Division, by email to: [email protected]. representatives who requested records under FOIA on behalf of an entity). FOR FURTHER INFORMATION CONTACT: Beth Æ DEPARTMENT OF HEALTH AND Kramer, HHS Privacy Act Officer, FOIA/ Note: Privacy Act case files and tracking records are about individual HUMAN SERVICES PA Division, Hubert H. Humphrey requesters and appellants only, because Building—Suite 729H, 200 Privacy Act requests can only be made Office of the Secretary Independence Avenue SW., by an individual record subject Washington, DC 20201. Ms. Kramer can Privacy Act of 1974; System of personally, not by a third party or also be reached by telephone at 202– Records Notice through a representative (unless the 690–7453. representative is the parent of or court- Assistant Secretary for Public AGENCY: SUPPLEMENTARY INFORMATION: appointed guardian for a minor or Affairs (ASPA), Office of the Secretary legally-declared incompetent who is the (OS), Department of Health and Human I. Explanation of Revisions to System record subject). The agency’s position is Services (HHS). No. 09–90–0058 that FOIA case files and tracking ACTION: Notice of an altered system of The revised System of Records Notice records, likewise, are about requesters records. (SORN) published in this Notice for and appellants only, not other System No. 09–90–0058 includes the individuals who may be identified in SUMMARY: In accordance with the following significant changes, in the agency records sought by FOIA requirements of the Privacy Act of 1974, addition to minor wording changes as amended (5 U.S.C. 552a), HHS is requesters and appellants. This is throughout: because HHS’ FOIA case files and updating a department-wide system of • The system name and scope have records, System No. 09–90–0058, tracking records are not keyed or been revised to cover not only tracking indexed to individuals mentioned in currently titled ‘‘Freedom of records and case files used by HHS Information Case Files and records requested under FOIA, but are Freedom of Information Act (FOIA) keyed to requesters and appellants, and Correspondence Control Log, HHS/OS/ offices to process FOIA and Privacy Act ASPA/FOIA.’’ This system of records because the purpose for which records requests and appeals (which typically are processed under FOIA is to release was established prior to 1979 (see 44 FR involve only ‘‘access’’ to agency 58144) and was previously revised in information about the agency (not to records), but tracking records and case release information about individuals 1989 and 1994 (see 54 FR 41684 and 59 files used by System Managers of mentioned in the records to third party FR 55845). Due to the length of time Privacy Act systems and related privacy FOIA requesters, except as required to since the last revision, the updates personnel to process any type of Privacy shed light on conduct of the agency). published in this Notice affect most Act request or appeal (e.g., seeking • The Categories of Records section sections of the System of Records Notice access, notification, correction and has been rewritten, to reflect two (SORN). The updates include changing amendment, or an accounting of distinct categories (tracking records and the system name to ‘‘Tracking Records disclosures), when those tracking case files); to describe the contents in and Case Files for FOIA and Privacy Act records and case files are retrieved by more detail; to clarify that any classified Requests and Appeals;’’ expanding the personal identifier. records responsive to a FOIA request or scope of the system to include tracking • The Categories of Individuals appeal are considered part of the case records and case files pertaining to not section has been revised to omit file for that request or appeal, even if the only FOIA and Privacy Act requests organizations (because the Privacy Act classified records must be maintained in processed in agency FOIA offices, but applies only to individuals, not a security office instead of in the FOIA Privacy Act requests and appeals entities), but not to add any additional office; and to specifically exclude handled by System Managers for categories of individuals besides related categories of records covered by Privacy Act systems and related privacy individual FOIA and Privacy Act other SORNs, to avoid duplicating other personnel, when those records are requesters and appellants. The result is systems of records. retrieved by personal identifier; adding that only an individual FOIA or Privacy • The Purposes section has been several new routine uses; and clarifying Act requester or appellant may make a rewritten to provide a broader that some of the records in this system Privacy Act request under this SORN for description of uses and users of the of records may be exempt from certain access to, correction of, notification as records within HHS. (The prior Privacy Act requirements. The updates to, or an accounting of disclosures with description mentioned only ‘‘FOIA are more fully explained in the respect to tracking records and/or case correspondence and processing,’’ SUPPLEMENTARY INFORMATION section of files used by HHS to process a FOIA ‘‘Freedom of Information staff,’’ and this Notice. and/or Privacy Act request in which ‘‘appeals officials and members of the DATES: This Notice is effective on that individual was the requester or Office of General Counsel.’’) publication, with the exception of the appellant. Further, because agency • An existing routine use authorizing new and revised routine uses. The new records processed in response to a third- disclosures to contractors (routine use 2) and revised routine uses will be party FOIA request are not about the has been revised to be more accurate in effective 30 days after publication of requester or appellant, a provision has reflecting the broad purposes for which this Notice, unless comments are been added to make clear that Privacy contractors may be engaged to assist received that warrant a revision to this Act rights are afforded to an individual HHS and require access to records in the Notice. Written comments on the requester or appellant only to the extent system. (The former description was routine uses should be submitted within that the information in the tracking limited to ‘‘collating, aggregating, 30 days. Until the new and revised record and case file retrieved by that analyzing, or otherwise refining records routine uses are effective, the routine individual’s identifier is, in fact, about in this system.’’)

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• Four new routine uses have been SYSTEM NUMBER: • Any individual who the agency added (see routine uses 6 through 9). 09–90–0058 treated as the requester or appellant for • The System Locations and System SYSTEM NAME: an access request or appeal that was Manager sections have been updated Tracking Records and Case Files for received in or referred to a HHS FOIA with current information and expanded FOIA and Privacy Act Requests and office for processing under FOIA (and to be consistent with the scope of the Appeals. under the Privacy Act, if applicable), excluding individual representatives system. SECURITY CLASSIFICATION: who requested records under FOIA on • The Policies and Practices section Classified and Unclassified. behalf of an entity; and has been revised. Specifically, the • Any individual who made any type Storage and Safeguards descriptions SYSTEM LOCATIONS: of Privacy Act request or appeal that have been revised to reflect that any of Physical locations for the case files was received by or referred to the the records (not just tracking records) and tracking records covered by this System Manager (or related privacy may be maintained electronically, and SORN include: personnel) for the relevant HHS Privacy to include safeguards applicable to • The HHS Freedom of Information/ Act system of records for handling—but classified records. The Retention Privacy Acts Division within the Office only if the System Manager’s (or related description has been updated to refer to of the Assistant Secretary for Public privacy personnel’s) Privacy Act new General Records Schedule (GRS) Affairs (ASPA) in Washington, DC; tracking records and case files are HHS FOIA Requester Service 4.2, issued August 2015 (superseding • retrieved by requester or appellant Centers in Washington, DC; Baltimore, GRS 14). identifier. MD; Bethesda, MD; Research Triangle, For a FOIA request or appeal • The Exemptions section has been NC; Rockville, MD; and Atlanta, GA; involving non-Privacy Act records, the changed from stating ‘‘none’’ to • Any contractor locations that individual treated as the requester or including an explanation that certain support FOIA and/or Privacy Act appellant may have made the FOIA records in this system may be exempt if request processing (for example, the request or appeal personally, through a they are from other Privacy Act systems Centers for Medicare & Medicaid representative, or as a representative for that have promulgated exemptions. Services (CMS) uses contractors located another individual. For a Privacy Act Because the revised SORN includes near its Regional Offices in Boston, MA; request or appeal, the individual significant changes, a report on the New York, NY; Philadelphia, PA; requester or appellant may have made altered system has been sent to Congress Atlanta, GA; Chicago, IL; Dallas, TX; the request or appeal personally, or as Kansas City, MO; Denver, CO; San and OMB in accordance with 5 U.S.C. the parent of or court-appointed Francisco, CA; and Seattle, WA); 552a(r). guardian for a minor or legally-declared • Server locations for electronic incompetent who is the subject of the II. Background on the Privacy Act systems used by HHS FOIA offices, records, or with the prior, written Requirement To Publish a System of System Managers, and/or related consent of the record subject. When any Records Notice privacy personnel (for example, server locations for agency-developed FOIA of the aforementioned individual The Privacy Act governs the means by systems include Bethesda, MD for the requesters or appellants seeks to which the U.S. Government collects, system used by National Institutes of exercise Privacy Act rights under this maintains, and uses information about Health; White Oak, MD and Ashburn, SORN with respect to the tracking individuals in a system of records. A VA for the system used by the Food and record and case file pertaining to his or ‘‘system of records’’ is a group of any Drug Administration; and Baltimore, her FOIA or Privacy Act request or records under the control of a federal MD for the system used by CMS and appeal, the information in the tracking agency from which records about PSC; locations for commercial off-the- record and case file must be about him, individuals are retrieved by the shelf FOIA systems include as required by 5 U.S.C. 552a(a)(4) (i.e., individuals’ names or other personal Gaithersburg, MD for FOIAXpress and not merely be retrieved by his identifiers. While FOIA entitles any Washington, DC for the Request identifier), for the individual to be person to seek access to agency records, Management System); afforded Privacy Act rights with respect an individual has a right of access under • Security office locations where to those records. classified records responsive to FOIA the Privacy Act, in addition to FOIA, CATEGORIES OF RECORDS IN THE SYSTEM: with respect to agency records about and Privacy Act requests may be stored, Records consist of tracking records including the Office of Security and him that are maintained in a Privacy Act and case files for FOIA and Privacy Act Strategic Information (OSSI) in system of records. The Privacy Act requests and appeals made by Washington, DC; and requires each agency to publish in the individuals. This system of records Federal Register a system of records • System Manager locations identified in each SORN posted at excludes tracking records and case files notice (SORN) identifying and for FOIA requests and appeals made by describing each system of records the http://www.hhs.gov/foia/privacy/ sorns.html, where any tracking records or on behalf of entities. agency maintains, including the Tracking records typically include the and case files used by System Managers purposes for which the agency uses requester/appellant’s name and contact and related privacy personnel to process information about individuals in the information, case tracking number, date Privacy Act requests and appeals would system, the routine uses for which the of request or appeal, a brief description be maintained. agency discloses such information to of the request or appeal, processing parties outside the agency, and how an CATEGORIES OF INDIVIDUALS COVERED BY THE status, and response date or appeal individual record subject can exercise SYSTEM: decision date. A tracking record for a his rights under the Privacy Act (e.g., to The records in this system of records FOIA request may include additional request notification of whether the pertain to individual FOIA and Privacy information, such as the requester’s fee system contains records about him, or to Act requesters and appellants only. category and whether expedited request access to or correction or Individual FOIA and Privacy Act processing or a fee waiver or reduction amendment of his records). requesters and appellants include: was sought and was granted or denied.

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A case file typically includes a copy AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ‘‘Standards for Privacy of Individually of the request and any appeal, which 5 U.S.C. 552, 552a; 44 U.S.C. 3301. Identifiable Health Information.’’ This would include the requester/appellant’s system may make the following routine name; contact information; a description PURPOSE(S) OF THE SYSTEM: use disclosures: of the records that were the subject of FOIA and Privacy Act tracking 1. Records may be disclosed to the the access, correction, or other request; records and case files are used on a Department of Justice (DOJ) for the issues raised on appeal; copies of any need-to-know basis within the agency, purpose of obtaining DOJ’s advice as to documents included with the request or primarily by FOIA office personnel, whether or not records are required to appeal; the case tracking number; the FOIA Coordinators and subject matter be disclosed under FOIA and/or the agency’s response letter and any appeal experts in program offices who locate Privacy Act in response to an access decision letter; copies of records and provide records responsive to request. responsive to the request; requests, attorneys in the Office of 2. Records may be disclosed to federal correspondence about the request or General Counsel, Privacy Officers, and agencies and Department contractors appeal with the requester and with System Managers for Privacy Act that have been engaged by HHS to assist other involved parties and agencies; and systems of records. HHS uses the in accomplishing an HHS function any fee-related information. A case file tracking records and case files to: related to the purposes of the system also may include identity verification • Track, process, and respond to the and that need to have access to the documents and information (such as requests and any related administrative records in order to assist HHS. Any photocopies of the requester’s driver’s appeals, litigation, and mediation contractor will be required to comply license, passport, alien or voter actions and communicate with the with the requirements of the Privacy Act registration card, or union card; requesters and appellants; of 1974 and appropriately safeguard the identifying particulars about the records • locate records responsive to records. These safeguards are explained sought, such as an account number; or requests and appeals and verify the in the ‘‘Safeguards’’ section. a statement certifying that the requester identity of first-party requesters and 3. Records may be disclosed to is the individual who he or she claims appellants; student volunteers and other to be) if the case file pertains to a first- • identify related requests and individuals performing functions for the party request; a consent form signed by records frequently requested under Department but technically not having an individual record subject, FOIA and generate publicly-releasable the status of agency employees, if they authorizing HHS to provide records versions of FOIA request logs; need access to the records in order to about that individual to a third party; • provide aggregate and statistical perform their assigned agency functions. and photocopies of documents data for reports and facilitate 4. Records may be disclosed to a establishing a parent, guardian, or other management and oversight reviews of Member of Congress or to a legal relationship (such as a court order FOIA and Privacy Act operations; and congressional staff member in response or birth certificate) if the request or • share relevant information with to a written inquiry of the congressional appeal was made by a legal other HHS offices that manage related office made at the written request of the representative. Any classified records matters arising from processing FOIA constituent about whom the record is responsive to a FOIA request or appeal and Privacy Act requests and appeals, maintained. The Member of Congress are considered to be part of the FOIA such as investigating erroneous release does not have any greater authority to case file, even if maintained in a incidents and responding to lawsuits obtain records than the individual security office instead of in the FOIA alleging Privacy Act violation claims or would have if requesting the records case file. other claims. (Records used for such directly. Note that the scope of this system of purposes, if retrieved by personal 5. Records may be disclosed to the records excludes the following related identifier, would be covered under other Department of Justice (DOJ) or to a court records: SORNs.) or other tribunal when: • Litigation files maintained in the ROUTINE USES OF RECORDS MAINTAINED IN THE a. The agency or any component HHS Office of General Counsel related SYSTEM, INCLUDING CATEGORIES OF USERS AND thereof, or to requests covered in this system of THE PURPOSES OF SUCH USES: b. any employee of the agency in his records (see instead the SORN for The Privacy Act allows us to disclose or her official capacity, or System No. 09–90–0064 ‘‘Litigation information without an individual’s c. any employee of the agency in his Files, Administrative Complaints and consent to parties outside the agency if or her individual capacity where DOJ Adverse Personnel Actions’’); the information is to be used for a has agreed to represent the employee, or • Records pertaining to Privacy Act purpose that is compatible with the d. the United States Government, is a violation claims (see instead the SORNs purpose(s) for which the information party to litigation or has an interest in for System Nos. 09–90–0062 was collected. Any such compatible use such litigation and, by careful review, ‘‘Administrative Claims’’ and 09–90– of data is known as a ‘‘routine use.’’ The HHS determines that the records are 0064 ‘‘Litigation Files, Administrative proposed routine uses in this system both relevant and necessary to the Complaints and Adverse Personnel meet the compatibility requirement of litigation and that, therefore, the use of Actions’’); and the Privacy Act. To the extent this such records by the DOJ, court, or other • Records about agency personnel system contains Protected Health tribunal is deemed by HHS to be who process FOIA and Privacy Act Information (PHI) as defined by HHS compatible with the purpose for which requests (see instead SORNs covering regulation ‘‘Standards for Privacy of the agency collected the records. personnel records; e.g., 09–90–0018 Individually Identifiable Health 6. Records may be disclosed to ‘‘Personnel Records in Operating Information’’ (45 CFR parts 160 and 164, another federal, foreign, state, local, Offices,’’ 09–40–0001 ‘‘Public Health 65 FR 82462 (December 28, 2000), tribal, or other public agency with an Service (PHS) Commissioned Corps Subparts A and E), disclosures of such interest in or control over information in General Personnel Records,’’ and OPM/ PHI that are otherwise authorized by records responsive to or otherwise GOVT–2 ‘‘Employee Performance File these routine uses may only be made if, related to an access or amendment System Records’’). and as, permitted or required by the request, for the following purposes:

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a. Consulting the other agency for its employees and officials who are files; and 090 Privacy Act amendment views about providing access to the responsible for processing FOIA and request files. information or assistance in verifying Privacy Act requests and appeals, the identity of an individual or the authorized personnel of any contractors SYSTEM MANAGER(S) AND ADDRESS(ES): accuracy of information sought to be or federal agencies assisting HHS with HHS Privacy Act Officer, Freedom of amended or corrected; those functions, and any other Information/Privacy Acts Division, OS/ b. informing the other agency of HHS’ authorized individuals who work for ASPA, Hubert H. Humphrey Building— response or intended response to the HHS and assist HHS with those Suite 729H, 200 Independence Avenue request; or functions but technically do not have SW., Washington, DC 20201. c. referring the request to the most the status of agency employees. Only NOTIFICATION PROCEDURE: appropriate federal agency for response. personnel with a ‘‘need to know’’ and An individual who wishes to know if 7. The identity of the requester or appropriate security clearances issued this system contains tracking records appellant may be disclosed to a by OSSI or the Office of Inspector and case files for FOIA and Privacy Act submitter of business records that are General (OIG) regarding OIG personnel requests or appeals in which he was the sought by that requester or appellant, are allowed to access classified records. when obtaining the submitter’s views Each user’s access is limited, based on requester or appellant must submit a concerning release of the submitter’s the user’s role, to the records that are written request to the System Manager business information under FOIA. essential to the user’s duties. Security identified above. The request should 8. Records may be disclosed to the safeguards are imposed on contractors include the full name of the individual, National Archives and Records through inclusion of Privacy Act- information to verify the individual’s Administration, Office of Government required clauses in contracts and identity, and the individual’s current Information Services (OGIS), to the through monitoring by contract and address. extent necessary to fulfill its project officers. responsibilities under 5 U.S.C. 552(h) to RECORD ACCESS PROCEDURE: Technical Safeguards: Access to An individual requester or appellant review administrative agency policies, electronic systems and records is procedures, and compliance with FOIA, may request access to tracking records controlled and protected by a secure and case files about his FOIA or Privacy and to facilitate OGIS’ offering of log-in method (using passwords that are mediation services to resolve disputes Act request or appeal by making a unique, complex, and frequently written request to the System Manager between persons making FOIA requests changed), time-out features, NSA and/or identified above, and by identifying or and administrative agencies. NIST-approved encryption methods, describing the records sought, providing 9. Records may be disclosed to firewalls, intrusion detection systems, information to verify his identity, and appropriate federal agencies and and cybersecurity monitoring systems. including his current address. Department contractors that have a need Physical Safeguards: Hard-copy to know the information for the purpose records and records displayed on CONTESTING RECORD PROCEDURES: of assisting the Department’s efforts to computer screens are protected from the An individual may contest respond to a suspected or confirmed view of unauthorized individuals while information in tracking records and case breach of the security or confidentiality the records are in use by an authorized files about his FOIA or Privacy Act of information maintained in this employee. Hard-copy records and request or appeal by contacting the system of records, when the information electronic storage media are secured System Manager identified above, and disclosed is relevant and necessary for during nonbusiness hours in locked file by identifying the information that assistance. cabinets, locked desk drawers, locked contested, the corrective action sought, POLICIES AND PRACTICES FOR STORING, offices, or locked storage areas. Office and the reasons for requesting the RETRIEVING, ACCESSING, RETAINING, AND buildings are protected by cameras and correction, along with supporting DISPOSING OF RECORDS IN THE SYSTEM— uniformed guards. When records are information to show how the record is photocopied, printed, scanned, or faxed STORAGE: inaccurate, incomplete, untimely, or Electronic records are stored in secure for authorized purposes, care is taken to irrelevant. electronic tracking and/or storage ensure that no copies are left where they RECORD SOURCE CATEGORIES: applications, and on compact disks, can be read by unauthorized Information is obtained from DVDs, and network drives. Hard-copy individuals. When eligible for individual requesters and appellants, files are stored at office locations, in file destruction, records are securely responsive records, program offices that rooms, shelves, safes, cabinets, disposed of using destruction methods provide responsive records, and bookcases or desks. prescribed by NSA and/or NIST SP 800– 88. personnel at HHS, other agencies, and RETRIEVAL: outside organizations (e.g., consultants Records are retrieved by personal RETENTION AND DISPOSAL: and business submitters) who provide identifier (i.e., requester or appellant Records are retained and disposed of information relevant to processing the name). in accordance with General Records requests. Schedule (GRS) 4.2 ‘‘Information Access SAFEGUARDS: and Protection Records’’ (superseding EXEMPTIONS CLAIMED FOR THIS SYSTEM: Safeguards conform to the HHS GRS 14 ‘‘Information Services This system of records is not a type Information Security and Privacy Records’’), which prescribes retention of system eligible to promulgate Program, http://www.hhs.gov/ocio/ periods ranging from approximately two exemptions under subsections (j) and (k) securityprivacy/index.html and HHS years to six years after final agency of the Privacy Act (5 U.S.C. 552a(j), (k)); Office of Security and Strategic action or adjudication by a court, date however, any record in this system that Information (OSSI) policies regarding of closure, or last entry. For specific is from another Privacy Act system of classified information, and include the periods, see GRS 4.2 Items 020 access records that has promulgated following: and disclosure request files; 030 general exemptions will be exempt from access Administrative Safeguards: administrative (tracking) records; 050 and other requirements of the Privacy Authorized users are limited to HHS Privacy Act accounting of disclosure Act if and to the same extent that the

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record is exempt from such Boulevard, Bethesda, MD 20892–5452, (301) Contact Person: William J Johnson, Ph.D., requirements in the source system. 594–7791, goterrobinsonc@ Scientific Review Officer, Office of Scientific Records in this system that are from a extra.niddk.nih.gov. Review/DERA National Heart, Lung, and system described in 5 U.S.C. 552a(j)(2) Name of Committee: National Institute of Blood Institute, 6701 Rockledge Drive, Room Diabetes and Digestive and Kidney Diseases 7178, Bethesda, MD 20892, 301–435–0725, may be exempt from the requirements in [email protected]. these subsections of the Privacy Act: Special Emphasis Panel; NIDDK Central Repositories Sample Access (X01)-Diabetes, (Catalogue of Federal Domestic Assistance (c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), obesity and Kidney Diseases-PAR14–301. Program Nos. 93.233, National Center for (e)(4)G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), Date: May 26, 2016. Sleep Disorders Research; 93.837, Heart and (e)(12), (f), (g), and (h). Records in this Time: 11:00 a.m. to 1:30 p.m. Vascular Diseases Research; 93.838, Lung system that are from a system described Agenda: To review and evaluate grant Diseases Research; 93.839, Blood Diseases in 5 U.S.C. 552a(k) may be exempt from applications. and Resources Research, National Institutes the requirements in these subsections of Place: National Institutes of Health, Two of Health, HHS) the Privacy Act: (c)(3), (d), (e)(1), Democracy Plaza, 6707 Democracy Dated: March 23, 2016. (e)(4)G), (e)(4)(H), (e)(4)(I), and (f). Any Boulevard, Bethesda, MD 20892 (Telephone Conference Call). Anna Snouffer, records compiled in reasonable Contact Person: Najma Begum, Ph.D., Deputy Director, Office of Federal Advisory anticipation of a civil action or Scientific Review Officer, Review Branch, Committee Policy. proceeding are excluded from the DEA, NIDDK, National Institutes of Health, [FR Doc. 2016–06981 Filed 3–28–16; 8:45 am] Privacy Act access requirement in all Room 7349, 6707 Democracy Boulevard, BILLING CODE 4140–01–P systems of records, as provided in 5 Bethesda, MD 20892–5452, (301) 594–8894, U.S.C. 552a(d)(5). [email protected]. Dated: March 9, 2016. (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.847, Diabetes, HUMAN SERVICES Catherine Teti, Endocrinology and Metabolic Research; Executive Officer, Deputy Agency Chief FOIA 93.848, Digestive Diseases and Nutrition National Institutes of Health Officer, Assistant Secretary for Public Affairs. Research; 93.849, Kidney Diseases, Urology [FR Doc. 2016–07060 Filed 3–28–16; 8:45 am] and Hematology Research, National Institutes National Institute of Biomedical of Health, HHS) BILLING CODE 4150–25–P Imaging and Bioengineering; Notice of Dated: March 23, 2016. Meeting David Clary, Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory HUMAN SERVICES Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. App.), notice is National Institutes of Health [FR Doc. 2016–06983 Filed 3–28–16; 8:45 am] hereby given of a meeting of the BILLING CODE 4140–01–P National Advisory Council for National Institute of Diabetes and Biomedical Imaging and Bioengineering. Digestive and Kidney Diseases; Notice The meeting will be open to the of Closed Meetings DEPARTMENT OF HEALTH AND public as indicated below, with HUMAN SERVICES Pursuant to section 10(d) of the attendance limited to space available. Individuals who plan to attend and Federal Advisory Committee Act, as National Institutes of Health amended (5 U.S.C. App.), notice is need special assistance, such as sign hereby given of the following meetings. National Heart, Lung, and Blood language interpretation or other The meetings will be closed to the Institute; Notice of Closed Meeting reasonable accommodations, should public in accordance with the notify the Contact Person listed below Pursuant to section 10(d) of the provisions set forth in sections in advance of the meeting. Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), title 5 U.S.C., The meeting will be closed to the amended (5 U.S.C. App.), notice is as amended. The grant applications and public in accordance with the hereby given of the following meeting. provisions set forth in sections the discussions could disclose The meeting will be closed to the confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the as amended. The grant applications property such as patentable material, provisions set forth in sections and personal information concerning and/or contract proposals and the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., discussions could disclose confidential individuals associated with the grant as amended. The grant applications and applications, the disclosure of which trade secrets or commercial property the discussions could disclose such as patentable material, and would constitute a clearly unwarranted confidential trade secrets or commercial invasion of personal privacy. personal information concerning property such as patentable material, individuals associated with the grant Name of Committee: National Institute of and personal information concerning applications and/or contract proposals, Diabetes and Digestive and Kidney Diseases individuals associated with the grant the disclosure of which would Special Emphasis Panel; Fellowship and applications, the disclosure of which constitute a clearly unwarranted Career Award Grants. would constitute a clearly unwarranted Date: April 13, 2016. invasion of personal privacy. invasion of personal privacy. Time: 4:00 p.m. to 5:00 p.m. Name of Committee: National Advisory Agenda: To review and evaluate grant Name of Committee: National Heart, Lung, Council for Biomedical Imaging and applications. and Blood Institute Special Emphasis Panel, Bioengineering. Place: National Institutes of Health, Two Translational Programs in Lung Diseases. Date: May 19, 2016. Democracy Plaza, 6707 Democracy Date: April 20–21, 2016. Open: 9:00 a.m. to 12:30 p.m. Boulevard, Bethesda, MD 20892 (Telephone Time: 1:00 p.m. to 3:00 p.m. Agenda: Report from the Institute Director, Conference Call). Agenda: To review and evaluate grant other Institute Staff, presentation of Task Contact Person: Carol J. Goter-Robinson, applications. Force reports, and Scientific Presentation. Ph.D., Scientific Review Officer, Review Place: Crystal Gateway Marriott, 1700 Place: The William F. Bolger Center, Branch, DEA, NIDDK, National Institutes of Jefferson Davis Highway Arlington, VA Franklin Building, Classroom 15/16, 9600 Health, Room 7347, 6707 Democracy 22202. Newbridge Drive, Potomac, MD 20854.

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Closed: 1:30 p.m. to 4:30 p.m. MSC 7846, Bethesda, MD 20892, 301–408– as sign language interpretation or other Agenda: To review and evaluate grant 9866, [email protected]. reasonable accommodations, should applications and/or proposals. This notice is being published less than 15 notify the Contact Person listed below Place: The William F. Bolger Center, days prior to the meeting due to the timing in advance of the meeting. The open Franklin Building, Classroom 15/16, 9600 limitations imposed by the review and Newbridge Drive, Potomac, MD 20854. funding cycle. session will also be videocast and can be accessed from the NIH Videocasting Contact Person: David George, Ph.D., Name of Committee: Center for Scientific Acting Associate Director, Office of Research Review Special Emphasis Panel; Member and Podcasting Web site (http:// Administration, National Institute of Conflict: Molecular and Microbial Genetics. videocast.nih.gov/). Biomedical Imaging and Bioengineering, Date: April 8, 2016. The meeting will be closed to the 6707 Democracy Boulevard, Room 920, Time: 1:00 p.m. to 3:00 p.m. Bethesda, MD 20892. public in accordance with the Agenda: To review and evaluate grant provisions set forth in sections Any interested person may file written applications. comments with the committee by forwarding Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), title 5 U.S.C., the statement to the Contact Person listed on Rockledge Drive, Bethesda, MD 20892, as amended. The grant applications and this notice. The statement should include the (Telephone Conference Call). the discussions could disclose name, address, telephone number and when Contact Person: Cheryl M. Corsaro, Ph.D., confidential trade secrets or commercial applicable, the business or professional Scientific Review Officer, Center for affiliation of the interested person. property such as patentable material, Scientific Review, National Institutes of and personal information concerning Information is also available on the Health, 6701 Rockledge Drive, Room 2204, Institute’s/Center’s home page: http://www. individuals associated with the grant MSC 7890, Bethesda, MD 20892, (301) 435– applications, the disclosure of which nibib1.nih.gov/about/NACBIB/NACBIB.htm, 1045, [email protected]. where an agenda and any additional would constitute a clearly unwarranted information for the meeting will be posted Name of Committee: Center for Scientific invasion of personal privacy. when available. Review Special Emphasis Panel; Member Conflict: Mechanisms of Neurodegeneration Name of Committee: National Advisory Dated: March 23, 2016. and Cell Death. General Medical Sciences Council. David Clary, Date: April 22, 2016. Date: May 19–20, 2016. Program Analyst, Office of Federal Advisory Time: 1:00 p.m. to 3:00 p.m. Closed: May 19, 2016, 8:30 a.m. to 5:00 Committee Policy. Agenda: To review and evaluate grant p.m. applications. [FR Doc. 2016–06982 Filed 3–28–16; 8:45 am] Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 applications. BILLING CODE 4140–01–P Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, (Telephone Conference Call). Natcher Building, Conference Rooms E1 & Contact Person: Carol Hamelink, Ph.D., E2, 45 Center Drive, Bethesda, MD 20892. DEPARTMENT OF HEALTH AND Scientific Review Officer, Center for Open: May 20, 2016, 8:30 a.m. to 12:00 HUMAN SERVICES Scientific Review, National Institutes of p.m. Health, 6701 Rockledge Drive, Room 4192, Agenda: For the discussion of program National Institutes of Health MSC 7850, Bethesda, MD 20892, (301) 213– policies and issues; opening remarks; report 9887, [email protected]. of the Director, NIGMS; and other business Center for Scientific Review; Notice of (Catalogue of Federal Domestic Assistance of the Council. Closed Meetings Program Nos. 93.306, Comparative Medicine; Place: National Institutes of Health, 93.333, Clinical Research, 93.306, 93.333, Pursuant to section 10(d) of the Natcher Building, Conference Rooms E1 & 93.337, 93.393–93.396, 93.837–93.844, E2, 45 Center Drive, Bethesda, MD 20892. Federal Advisory Committee Act, as 93.846–93.878, 93.892, 93.893, National Contact Person: Ann A. Hagan, Ph.D., amended (5 U.S.C. App.), notice is Institutes of Health, HHS) Associate Director for Extramural Activities, hereby given of the following meetings. Dated: March 22, 2016. NIGMS, NIH, DHHS, 45 Center Drive, Room The meetings will be closed to the 2AN24H, MSC6200, Bethesda, MD 20892– Natasha M. Copeland, public in accordance with the 6200, (301) 594–4499, hagana@ provisions set forth in sections Program Analyst, Office of Federal Advisory nigms.nih.gov. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Committee Policy. Any interested person may file written as amended. The grant applications and [FR Doc. 2016–06980 Filed 3–28–16; 8:45 am] comments with the committee by forwarding the discussions could disclose BILLING CODE 4140–01–P the statement to the Contact Person listed on confidential trade secrets or commercial this notice. The statement should include the property such as patentable material, name, address, telephone number and when applicable, the business or professional and personal information concerning DEPARTMENT OF HEALTH AND HUMAN SERVICES affiliation of the interested person. individuals associated with the grant In the interest of security, NIH has applications, the disclosure of which National Institutes of Health instituted stringent procedures for entrance would constitute a clearly unwarranted onto the NIH campus. All visitor vehicles, invasion of personal privacy. National Institute of General Medical including taxicabs, hotel, and airport shuttles will be inspected before being allowed on Name of Committee: Center for Scientific Sciences; Notice of Meeting Review Special Emphasis Panel; Member campus. Visitors will be asked to show one Conflict: Disorders in Brain Development and Pursuant to section 10(d) of the form of identification (for example, a in Aging. Federal Advisory Committee Act, as government-issued photo ID, driver’s license, Date: March 29, 2016. amended (5 U.S.C. App.), notice is or passport) and to state the purpose of their Time: 12:00 p.m. to 2:00 p.m. hereby given of a meeting of the visit. Agenda: To review and evaluate grant Information is also found on the Institute’s/ National Advisory General Medical Center’s home page: http://www.nigms.nih. applications. Sciences Council. Place: National Institutes of Health, 6701 gov/About/Council, where an agenda and any The meeting will be open to the additional information for the meeting will Rockledge Drive, Bethesda, MD 20892, public as indicated below, with a short (Telephone Conference Call). be posted when available. Contact Person: Pat Manos, Ph.D., public comment period at the end. (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Attendance is limited by the space Program No. 93.859, Biomedical Research Scientific Review, National Institutes of available. Individuals who plan to and Research Training, National Institutes of Health, 6701 Rockledge Drive, Room 5200, attend and need special assistance, such Health, HHS)

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Dated: March 23, 2016. FOR FURTHER INFORMATION CONTACT: We accept anonymous comments. All Melanie J. Gray, Contact Mr. Anthony Smith, Office of comments received will be posted Program Analyst, Office of Federal Advisory Information Management, telephone without change to http:// Committee Policy. 202–475–3532, or fax 202–372–8405, for www.regulations.gov and will include [FR Doc. 2016–06984 Filed 3–28–16; 8:45 am] questions on these documents. any personal information you have BILLING CODE 4140–01–P SUPPLEMENTARY INFORMATION: provided. For more about privacy and the docket, you may review a Privacy Public Participation and Request for Act notice regarding the Federal Docket Comments DEPARTMENT OF HOMELAND Management System in the March 24, This Notice relies on the authority of SECURITY 2005, issue of the Federal Register (70 the Paperwork Reduction Act of 1995; FR 15086). Coast Guard 44 U.S.C. Chapter 35, as amended. An OIRA posts its decisions on ICRs ICR is an application to OIRA seeking [Docket No. USCG–2015–0756] online at http://www.reginfo.gov/public/ the approval, extension, or renewal of a do/PRAMain after the comment period Coast Guard collection of information Collection of Information Under for each ICR. An OMB Notice of Action (Collection). The ICR contains on each ICR will become available via Review by Office of Management and information describing the Collection’s a hyperlink in the OMB Control Budget; OMB Control Number: 1625– purpose, the Collection’s likely burden Number: 1625–0009. 0009 on the affected public, an explanation of AGENCY: Coast Guard, DHS. the necessity of the Collection, and Previous Request for Comments other important information describing ACTION: Thirty-day notice requesting This request provides a 30-day comments. the Collection. There is one ICR for each Collection. The Coast Guard invites comment period required by OIRA. The Coast Guard published the 60-day SUMMARY: In compliance with the comments on whether this ICR should Paperwork Reduction Act of 1995 the be granted based on the Collection being notice (80 FR 72451, November 19, U.S. Coast Guard is forwarding an necessary for the proper performance of 2015) required by 44 U.S.C. 3506(c)(2). Information Collection Request (ICR), Departmental functions. In particular, That Notice elicited no comments. abstracted below, to the Office of the Coast Guard would appreciate Accordingly, no changes have been Management and Budget (OMB), Office comments addressing: (1) The practical made to the Collections. of Information and Regulatory Affairs utility of the Collection; (2) the accuracy Information Collection Request (OIRA), requesting approval for of the estimated burden of the reinstatement, with change, of the Collection; (3) ways to enhance the Title: Oil Record Book for Ships. following collection of information: quality, utility, and clarity of Omb Control Number: 1625–0009. information subject to the Collection; 1625–0009, Oil Record Book for Ships. Summary: The Act to Prevent and (4) ways to minimize the burden of Our ICR describes the information we Pollution from Ships (APPS) and the the Collection on respondents, seek to collect from the public. Review International Convention for Prevention including the use of automated and comments by OIRA ensure we only of Pollution from Ships, 1973, as collection techniques or other forms of impose paperwork burdens modified by the 1978 Protocol relating information technology. These commensurate with our performance of thereto (MARPOL 73/78), requires that comments will help OIRA determine duties. information about oil cargo or fuel whether to approve the ICR referred to DATES Comments must reach the Coast operations be entered into an Oil Record : in this Notice. Guard and OIRA on or before April 28, We encourage you to respond to this Book (CG–4602A). The requirement is 2016. request by submitting comments and contained in 33 CFR 151.25. ADDRESSES: You may submit comments related materials. Comments to Coast Need: This information is used to identified by Coast Guard docket Guard or OIRA must contain the OMB verify sightings of actual violations of number [USCG–2015–0756] to the Coast Control Number of the ICR. They must the APPS to determine the level of Guard using the Federal eRulemaking also contain the docket number of this compliance with MARPOL 73/78 and as Portal at http://www.regulations.gov. request, [USCG–2015–0756], and must a means of reinforcing the discharge Alternatively, you may submit be received by April 28, 2016. provisions. comments to OIRA using one of the Submitting Comments Forms: CG–4602A, Oil Record Book following means: for Ships. (1) Email: OIRA-submission@ We encourage you to submit omb.eop.gov. comments through the Federal Respondents: Operators of vessels. (2) Mail: OIRA, 725 17th Street NW., eRulemaking Portal at http:// Frequency: On occasion. Washington, DC 20503, attention Desk www.regulations.gov. If your material Hour Burden Estimate: The estimated Officer for the Coast Guard. cannot be submitted using http:// burden has increased from 20,221 hours (3) Fax: 202–395–6566. To ensure www.regulations.gov, contact the person to 28,536 hours a year due to an your comments are received in a timely in the FOR FURTHER INFORMATION increase in the estimated annual manner, mark the fax, attention Desk CONTACT section of this document for number of responses. Officer for the Coast Guard. alternate instructions. Documents Authority: The Paperwork Reduction Act A copy of the ICR is available through mentioned in this notice, and all public of 1995; 44 U.S.C. Chapter 35, as amended. the docket on the Internet at http:// comments, are in our online docket at www.regulations.gov. Additionally, http://www.regulations.gov and can be Dated: March 23, 2016. copies are available from: Commandant viewed by following that Web site’s Thomas P. Michelli, (CG–612), Attn: Paperwork Reduction instructions. Additionally, if you go to Deputy Chief Information Officer, U.S. Coast Act Manager, U.S. Coast Guard, 2703 the online docket and sign up for email Guard. Martin Luther King Jr. Ave. SE., Stop alerts, you will be notified when [FR Doc. 2016–07039 Filed 3–28–16; 8:45 am] 7710, Washington, DC 20593–7710. comments are posted. BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND Public Participation and Request for the docket, you may review a Privacy SECURITY Comments Act notice regarding the Federal Docket This Notice relies on the authority of Management System in the March 24, Coast Guard the Paperwork Reduction Act of 1995; 2005, issue of the Federal Register (70 44 U.S.C. Chapter 35, as amended. An FR 15086). [Docket No. USCG–2015–0908] ICR is an application to OIRA seeking OIRA posts its decisions on ICRs the approval, extension, or renewal of a online at http://www.reginfo.gov/public/ Collection of Information Under Coast Guard collection of information Review by Office of Management and do/PRAMain after the comment period (Collection). The ICR contains for each ICR. An OMB Notice of Action Budget; OMB Control Number: 1625– information describing the Collection’s 0042 on each ICR will become available via purpose, the Collection’s likely burden a hyperlink in the OMB Control AGENCY: Coast Guard, DHS. on the affected public, an explanation of Number: 1625–0042. the necessity of the Collection, and ACTION: Thirty-day notice requesting comments. other important information describing Previous Request for Comments the Collection. There is one ICR for each This request provides a 30-day SUMMARY: In compliance with the Collection. The Coast Guard invites Paperwork Reduction Act of 1995 the comments on whether this ICR should comment period required by OIRA. The U.S. Coast Guard is forwarding an be granted based on the Collection being Coast Guard published the 60-day Information Collection Request (ICR), necessary for the proper performance of notice (80 FR 72442, November 19, abstracted below, to the Office of Departmental functions. In particular, 2015) required by 44 U.S.C. 3506(c)(2). Management and Budget (OMB), Office the Coast Guard would appreciate That Notice elicited no comments. of Information and Regulatory Affairs comments addressing: (1) The practical Accordingly, no changes have been (OIRA), requesting approval for utility of the Collection; (2) the accuracy made to the Collections. reinstatement, with change, of the of the estimated burden of the Information Collection Request following collection of information: Collection; (3) ways to enhance the 1625–0042, Requirements for Lightering quality, utility, and clarity of Title: Requirements for Lightering of of Oil and Hazardous Material Cargoes. information subject to the Collection; Oil and Hazardous Material Cargoes. Our ICR describes the information we and (4) ways to minimize the burden of seek to collect from the public. Review the Collection on respondents, OMB Control Number: 1625–0042. and comments by OIRA ensure we only including the use of automated Summary: The information for this impose paperwork burdens collection techniques or other forms of report allows the U.S. Coast Guard to commensurate with our performance of information technology. These provide timely response to an duties. comments will help OIRA determine emergency and minimize the DATES: Comments must reach the Coast whether to approve the ICR referred to environmental damage from an oil or Guard and OIRA on or before April 28, in this Notice. hazardous material spill. The 2016. We encourage you to respond to this information also allows the Coast Guard request by submitting comments and You may submit comments to control the location and procedures ADDRESSES: related materials. Comments to Coast identified by Coast Guard docket for lightering activities. Guard or OIRA must contain the OMB number [USCG–2015–0908] to the Coast Control Number of the ICR. They must Need: Section 3715 of Title 46 U.S.C. Guard using the Federal eRulemaking also contain the docket number of this authorizes the Coast Guard to establish Portal at http://www.regulations.gov. request, [USCG–2015–0908], and must lightering regulations. Title 33 CFR Alternatively, you may submit be received by April 28, 2016. 156.200 to 156.330 prescribes the Coast comments to OIRA using one of the Guard regulations for lightering, following means: Submitting Comments including pre-arrival notice, reporting of (1) Email: OIRA-submission@ We encourage you to submit incidents and operating conditions. omb.eop.gov. comments through the Federal Forms: None. (2) Mail: OIRA, 725 17th Street NW., eRulemaking Portal at http:// Washington, DC 20503, attention Desk www.regulations.gov. If your material Respondents: Owners, masters and Officer for the Coast Guard. cannot be submitted using http:// agents of lightering vessels. (3) Fax: 202–395–6566. To ensure www.regulations.gov, contact the person Frequency: On occasion. your comments are received in a timely in the FOR FURTHER INFORMATION Hour Burden Estimate: The estimated manner, mark the fax, attention Desk section of this document for Officer for the Coast Guard. CONTACT burden has increased from 217 hours to alternate instructions. Documents 372 hours a year due to an increase in A copy of the ICR is available through mentioned in this notice, and all public the docket on the Internet at http:// the estimated annual number of comments, are in our online docket at responses. www.regulations.gov. Additionally, http://www.regulations.gov and can be copies are available from: Commandant viewed by following that Web site’s Authority: The Paperwork Reduction Act (CG–612), Attn: Paperwork Reduction instructions. Additionally, if you go to of 1995; 44 U.S.C. Chapter 35, as amended. Act Manager, U.S. Coast Guard, 2703 the online docket and sign up for email Martin Luther King Jr. Ave. SE., Stop Dated: March 23, 2016. alerts, you will be notified when Thomas P. Michelli, 7710, Washington, DC 20593–7710. comments are posted. FOR FURTHER INFORMATION CONTACT: Mr. We accept anonymous comments. All Deputy Chief Information Officer, U.S. Coast Guard. Anthony Smith, Office of Information comments received will be posted Management, telephone 202–475–3532, without change to http:// [FR Doc. 2016–07040 Filed 3–28–16; 8:45 am] or fax 202–372–8405, for questions on www.regulations.gov and will include BILLING CODE 9110–04–P these documents. any personal information you have SUPPLEMENTARY INFORMATION: provided. For more about privacy and

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND assistance to the extent allowable under the SECURITY SECURITY Stafford Act. The Federal Emergency Management Federal Emergency Management Federal Emergency Management Agency (FEMA) hereby gives notice that Agency Agency pursuant to the authority vested in the [Internal Agency Docket No. FEMA–4264– Administrator, under Executive Order [Internal Agency Docket No. FEMA–4250– DR; Docket ID FEMA–2016–0001] 12148, as amended, Seamus K. Leary, of DR; Docket ID FEMA–2016–0001] FEMA is appointed to act as the Federal New Jersey; Major Disaster and Coordinating Officer for this major Missouri; Amendment No. 2 to Notice Related Determinations disaster. of a Major Disaster Declaration AGENCY: Federal Emergency The following areas of the State of Management Agency, DHS. New Jersey have been designated as AGENCY: Federal Emergency adversely affected by this major disaster: ACTION: Notice. Management Agency, DHS. Atlantic, Bergen, Burlington, Camden, Cape SUMMARY: This is a notice of the May, Cumberland, Essex, Hudson, ACTION: Notice. Presidential declaration of a major Hunterdon, Mercer, Middlesex, Monmouth, disaster for the State of New Jersey Morris, Ocean, Somerset, Union, and Warren SUMMARY: This notice amends the notice (FEMA–4264–DR), dated March 14, Counties for Public Assistance. of a major disaster declaration for the 2016, and related determinations. Bergen, Burlington, Camden, Essex, Hudson, State of Missouri (FEMA–4250–DR), Hunterdon, Mercer, Middlesex, Monmouth, DATES: Effective Date: March 14, 2016. dated January 21, 2016, and related Morris, Ocean, Somerset, Union, and Warren FOR FURTHER INFORMATION CONTACT: determinations. Counties for snow assistance under the Dean Webster, Office of Response and Public Assistance program for any Recovery, Federal Emergency DATES: Effective March 17, 2016. continuous 48-hour period during or Management Agency, 500 C Street SW., proximate the incident period. FOR FURTHER INFORMATION CONTACT: Washington, DC 20472, (202) 646–2833. All areas within the State of New Jersey are eligible for assistance under the Hazard Dean Webster, Office of Response and SUPPLEMENTARY INFORMATION: Notice is Recovery, Federal Emergency hereby given that, in a letter dated Mitigation Grant Program. The following Catalog of Federal Domestic Management Agency, 500 C Street SW., March 14, 2016, the President issued a Washington, DC 20472, (202) 646–2833. Assistance Numbers (CFDA) are to be used major disaster declaration under the for reporting and drawing funds: 97.030, authority of the Robert T. Stafford SUPPLEMENTARY INFORMATION: The notice Community Disaster Loans; 97.031, Cora Disaster Relief and Emergency of a major disaster declaration for the Brown Fund; 97.032, Crisis Counseling; Assistance Act, 42 U.S.C. 5121 et seq. 97.033, Disaster Legal Services; 97.034, State of Missouri is hereby amended to (the ‘‘Stafford Act’’), as follows: Disaster Unemployment Assistance (DUA); include the following areas among those 97.046, Fire Management Assistance Grant; I have determined that the damage in certain areas determined to have been adversely 97.048, Disaster Housing Assistance to areas of the State of New Jersey resulting affected by the event declared a major Individuals and Households In Presidentially from a severe winter storm and snowstorm Declared Disaster Areas; 97.049, disaster by the President in his during the period of January 22–24, 2016, is declaration of January 21, 2016. of sufficient severity and magnitude to Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Mississippi, New Madrid, Pemiscot, and warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and and Households; 97.050, Presidentially Shannon Counties for Public Assistance. Emergency Assistance Act, 42 U.S.C. 5121 et Declared Disaster Assistance to Individuals The following Catalog of Federal Domestic seq. (the ‘‘Stafford Act’’). Therefore, I declare and Households—Other Needs; 97.036, Assistance Numbers (CFDA) are to be used that such a major disaster exists in the State Disaster Grants—Public Assistance for reporting and drawing funds: 97.030, of New Jersey. (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Community Disaster Loans; 97.031, Cora In order to provide Federal assistance, you Brown Fund; 97.032, Crisis Counseling; are hereby authorized to allocate from funds W. Craig Fugate, available for these purposes such amounts as 97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster Administrator, Federal Emergency Disaster Unemployment Assistance (DUA); assistance and administrative expenses. Management Agency. 97.046, Fire Management Assistance Grant; You are authorized to provide Public [FR Doc. 2016–06978 Filed 3–28–16; 8:45 am] 97.048, Disaster Housing Assistance to Assistance in the designated areas and BILLING CODE 9111–23–P Individuals and Households In Presidentially Hazard Mitigation throughout the State. You Declared Disaster Areas; 97.049, are further authorized to provide snow Presidentially Declared Disaster Assistance— assistance under the Public Assistance program for a limited period of time during DEPARTMENT OF HOMELAND Disaster Housing Operations for Individuals SECURITY and Households; 97.050 Presidentially or proximate to the incident period. Consistent with the requirement that Federal Declared Disaster Assistance to Individuals assistance be supplemental, any Federal Federal Emergency Management and Households—Other Needs; 97.036, funds provided under the Stafford Act for Agency Disaster Grants—Public Assistance Hazard Mitigation will be limited to 75 [Docket ID FEMA–2016–0002; Internal (Presidentially Declared Disasters); 97.039, percent of the total eligible costs. Federal Agency Docket No. FEMA–B–1605] Hazard Mitigation Grant. funds provided under the Stafford Act for Public Assistance also will be limited to 75 W. Craig Fugate, percent of the total eligible costs, with the Changes in Flood Hazard Administrator, Federal Emergency exception of projects that meet the eligibility Determinations criteria for a higher Federal cost-sharing Management Agency. AGENCY: Federal Emergency [FR Doc. 2016–07083 Filed 3–28–16; 8:45 am] percentage under the Public Assistance Alternative Procedures Pilot Program for M2666anagement Agency, DHS. BILLING CODE 9111–23–P Debris Removal implemented pursuant to ACTION: Notice. section 428 of the Stafford Act. Further, you are authorized to make changes SUMMARY: This notice lists communities to this declaration for the approved where the addition or modification of

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Base Flood Elevations (BFEs), base flood ADDRESSES: The affected communities The FIRM and FIS report are the basis depths, Special Flood Hazard Area are listed in the table below. Revised of the floodplain management measures (SFHA) boundaries or zone flood hazard information for each that the community is required either to designations, or the regulatory floodway community is available for inspection at adopt or to show evidence of having in (hereinafter referred to as flood hazard both the online location and the effect in order to qualify or remain determinations), as shown on the Flood respective community map repository qualified for participation in the Insurance Rate Maps (FIRMs), and address listed in the table below. National Flood Insurance Program where applicable, in the supporting Additionally, the current effective FIRM (NFIP). Flood Insurance Study (FIS) reports, and FIS report for each community are These flood hazard determinations, prepared by the Federal Emergency accessible online through the FEMA Management Agency (FEMA) for each Map Service Center at together with the floodplain community, is appropriate because of www.msc.fema.gov for comparison. management criteria required by 44 CFR new scientific or technical data. The Submit comments and/or appeals to 60.3, are the minimum that are required. FIRM, and where applicable, portions of the Chief Executive Officer of the They should not be construed to mean the FIS report, have been revised to community as listed in the table below. that the community must change any existing ordinances that are more reflect these flood hazard FOR FURTHER INFORMATION CONTACT: Luis determinations through issuance of a Rodriguez, Chief, Engineering stringent in their floodplain Letter of Map Revision (LOMR), in Management Branch, Federal Insurance management requirements. The accordance with title 44, part 65 of the and Mitigation Administration, FEMA, community may at any time enact Code of Federal Regulations (44 CFR 500 C Street SW., Washington, DC stricter requirements of its own or part 65). The LOMR will be used by 20472, (202) 646–4064, or (email) pursuant to policies established by other insurance agents and others to calculate [email protected]; or visit Federal, State, or regional entities. The appropriate flood insurance premium the FEMA Map Information eXchange flood hazard determinations are in rates for new buildings and the contents (FMIX) online at accordance with 44 CFR 65.4. of those buildings. For rating purposes, www.floodmaps.fema.gov/fhm/fmx_ The affected communities are listed in the currently effective community main.html. the following table. Flood hazard number is shown in the table below and SUPPLEMENTARY INFORMATION: The determination information for each must be used for all new policies and specific flood hazard determinations are community is available for inspection at renewals. not described for each community in both the online location and the DATES: These flood hazard this notice. However, the online respective community map repository determinations will become effective on location and local community map address listed in the table below. the dates listed in the table below and repository address where the flood Additionally, the current effective FIRM revise the FIRM panels and FIS report hazard determination information is and FIS report for each community are in effect prior to this determination for available for inspection is provided. accessible online through the FEMA the listed communities. Any request for reconsideration of Map Service Center at From the date of the second flood hazard determinations must be www.msc.fema.gov for comparison. publication of notification of these submitted to the Chief Executive Officer (Catalog of Federal Domestic Assistance No. changes in a newspaper of local of the community as listed in the table 97.022, ‘‘Flood Insurance.’’) circulation, any person has 90 days in below. which to request through the The modifications are made pursuant Dated: March 4, 2016. community that the Deputy Associate to section 201 of the Flood Disaster Roy E. Wright, Administrator for Mitigation reconsider Protection Act of 1973, 42 U.S.C. 4105, Deputy Associate Administrator for Insurance the changes. The flood hazard and are in accordance with the National and Mitigation, Department of Homeland determination information may be Flood Insurance Act of 1968, 42 U.S.C. Security, Federal Emergency Management changed during the 90-day period. 4001 et seq., and with 44 CFR part 65. Agency.

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Arkansas: Crawford ...... City of Alma (14– The Honorable Keith Greene, Water Department, 804 http://www.msc.fema. May 13, 2016 ...... 050236 06–2666P). Mayor, City of Alma, 804 Fayetteville Avenue, gov/lomc. Fayetteville Avenue, Alma, Alma, AR 72921. AR 72921. Crawford ...... Unincorporated The Honorable John Hall, Crawford County, De- http://www.msc.fema. May 13, 2016 ...... 050428 areas of Crawford County Judge, 300 partment of Emer- gov/lomc. Crawford County Main Street, Room 4, Van gency Management, (14–06–2666P). Buren, AR 72956. 1820 Chestnut Street, Van Buren, AR 72956. Colorado: Boulder ...... City of Boulder The Honorable Suzanne Jones, Planning and Develop- http://www.msc.fema. Apr. 26, 2016 ...... 080024 (16–08–0051P). Mayor, City of Boulder, P.O. ment Services De- gov/lomc. Box 791, Boulder, CO 80306. partment, 1739 Broadway Street, Boulder, CO 80302. Weld ...... Town of Milliken The Honorable Milt Tokunaga, Town Hall, 1101 Broad http://www.msc.fema. May 4, 2016 ...... 080187 (15–08–0943P). 1101 Broad Street, Milliken, Street, Milliken, CO gov/lomc. CO 80543. 80543.

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Weld ...... Unincorporated The Honorable Barbara Weld County Planning http://www.msc.fema. May 4, 2016 ...... 080266 areas of Weld Kirkmeyer, Chair, Weld and Zoning Depart- gov/lomc. County (15–08– County Board of Commis- ment 1555 North 0943P). sioners, P.O. Box 758, Gree- 17th Avenue Greeley, ley, CO 80632. CO 80631. Weld ...... Unincorporated The Honorable Barbara Weld County Planning http://www.msc.fema. May 13, 2016 ...... 080266 areas of Weld Kirkmeyer, Chair, Weld and Zoning Depart- gov/lomc. County (15–08– County Board of Commis- ment, 1555 North 1446P). sioners, P.O. Box 758, Gree- 17th Avenue, Gree- ley, CO 80632. ley, CO 80631. Delaware: New Unincorporated The Honorable Thomas P. Gor- New Castle County http://www.msc.fema. May 11, 2016 ...... 105085 Castle. areas of New don, New Castle County Ex- Land Use Depart- gov/lomc. Castle County ecutive, 87 Reads Way, New ment, 87 Reads Way, (15–03–2443P). Castle, DE 19720. New Castle, DE 19720. Florida: Brevard ...... City of Indian Har- The Honorable David Panicola, City Hall, 2055 South http://www.msc.fema. Apr. 28, 2016 ...... 125116 bor Beach (15– Mayor, City of Indian Harbor Patrick Drive, Indian gov/lomc. 04–1302P). Beach, 2055 South Patrick Harbour Beach, FL Drive, Indian Harbour Beach, 32937. FL 32937. Broward ...... City of Pompano The Honorable Lamar Fisher, Building Inspections http://www.msc.fema. May 5, 2016 ...... 120055 Beach (15–04– Mayor, City of Pompano Department, 100 gov/lomc. 7209P). Beach, 100 West Atlantic West Atlantic Boule- Boulevard, Pompano Beach, vard, Pompano FL 33060. Beach, FL 33060. Lee ...... Unincorporated The Honorable Frank Mann, Lee County Community http://www.msc.fema. May 4, 2016 ...... 125124 areas of Lee Chairman, Lee County Board Development Depart- gov/lomc. County (15–04– of Commissioners, District 5, ment, 1500 Monroe 7181P). P.O. Box 398, Fort Myers, FL Street, Fort Myers, 33902. FL 33901. Lee ...... Unincorporated The Honorable Frank Mann, Lee County Community http:// May 11, 2016 ...... 125124 areas of Lee Chairman, Lee County Board Development Depart- www.msc.fema.gov/ County (16–04– of Commissioners, District 5, ment, 1500 Monroe lomc. 0292P). P.O. Box 398, Fort Myers, FL Street, Fort Myers, 33902. FL 33901.. Miami-Dade .... City of Miami (15– The Honorable Toma ´s P. Building Department, http:// Apr. 4, 2016 ...... 120650 04–A406P). Regalado, Mayor, City of 444 Southwest 2nd www.msc.fema.gov/ Miami, 3500 Pan American Avenue, Miami, FL lomc. Drive, Miami, FL 33133. 33130. Miami-Dade .... City of Sunny Isles The Honorable George ‘‘Bud’’ Building Department, http:// Apr. 26, 2016 ...... 120688 Beach Scholl, Mayor, City of Sunny 18070 Collins Ave- www.msc.fema.gov/ (15-04-8034P). Isles Beach, 18070 Collins nue, Sunny Isles lomc. Avenue, Sunny Isles Beach, Beach, FL 33160.. FL 33160. Seminole ...... City of Longwood The Honorable Joe Durso, Community Develop- http:// May 6, 2016 ...... 120292 (15–04–9353P). Mayor, City of Longwood, ment Division, 174 www.msc.fema.gov/ 175 West Warren Avenue, West Church Ave- lomc. Longwood, FL 32750. nue, Longwood, FL 32750. Georgia: Columbia ...... Unincorporated The Honorable Ron C. Cross, Columbia County, Engi- http:// Mar. 31, 2016 ...... 130059 areas of Colum- Chairman, Columbia County neering Services De- www.msc.fema.gov/ bia County (15– Board of Commissioners, partment, 630 Ronald lomc. 04–7397P). P.O. Box 498 Evans, GA Reagan Drive, Build- 30809. ing A, East Wing, Evans, GA 30809. Columbia ...... Unincorporated The Honorable Ron C. Cross, Columbia County, Engi- http:// May 6, 2016 ...... 130059 areas of Colum- Chairman, Columbia County neering Services De- www.msc.fema.gov/ bia County (15– Board of Commissioners, partment, 630 Ronald lomc. 04–A572P). P.O. Box 498, Evans, GA Reagan Drive, Build- 30809. ing A, East Wing, Evans, GA 30809. Lee ...... City of Leesburg The Honorable Jim Quinn, City Hall, 107 Walnut http:// Apr. 21, 2016 ...... 130348 (15–04–3743P). Mayor, City of Leesburg, Avenue, South Lees- www.msc.fema.gov/ P.O. Box 890, Leesburg, GA burg, GA 31763. lomc. 31763. Lee ...... Unincorporated The Honorable Rick Muggridge, Lee County, Adminis- http:// Apr. 21, 2016 ...... 130122 areas of Lee Chairman, Lee County Board tration Building, 110 www.msc.fema.gov/ County (15–04– of Commissioners, 110 Starksville Avenue, lomc. 3743P). Starksville Avenue, North North Leesburg, GA Leesburg, GA 31763. 31763. Massachusetts: Plymouth ...... Town of Lakeville The Honorable Aaron Burke, Town Hall, 346 Bedford http:// Mar. 25, 2016 ...... 250271 (15–01–2489P). Chairman, Town of Lakeville Street, Lakeville, MA www.msc.fema.gov/ Board of Selectmen, 346 02347. lomc. Bedford Street, Lakeville, MA 02347.

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Plymouth ...... Town of The Honorable Allin Frawley, Planning Department, http:// Mar. 25, 2016 ...... 250275 Middleborough Chairman, Town of Town Hall Annex, 20 www.msc.fema.gov/ (15–01–2489P). Middleborough Board of Se- Centre Street, lomc. lectmen, 10 Nickerson Ave- Middleborough, MA nue, Middleborough, MA 02346. 02346. Plymouth ...... Town of Rochester The Honorable Richard D. Town Hall Annex, 37 http:// Mar. 25, 2016 ...... 250280 (15–01–2489P). Nunes, Chairman, Town of Marion Road, Roch- www.msc.fema.gov/ Rochester Board of Select- ester, MA 02770. lomc. men, 1 Constitution Way, Rochester, MA 02770. Nevada: Clark ...... City of Henderson The Honorable Andy Hafen, Department of Public http:// Apr. 8, 2016 ...... 320005 (15–09–3020P). Mayor, City of Henderson, Works, Parks and www.msc.fema.gov/ P.O. Box 95050, MSC 142, Recreation, P.O. Box lomc. Henderson, NV 89009. 95050, MSC 131, Henderson, NV 89009. Ohio: Franklin ...... City of Columbus The Honorable Michael B. City Hall, 1250 http:// Apr. 20, 2016 ...... 390170 (15–05–3155P). Coleman, Mayor, City of Co- Fairwood Avenue, www.msc.fema.gov/ lumbus, 90 West Broad Columbus, OH 43206. lomc. Street, 2nd Floor, Columbus, OH 43215. Franklin ...... City of Grandview The Honorable Ray DeGraw, City Hall, 1016 Grand- http:// Apr. 20, 2016 ...... 390172 Heights (15–05– Mayor, City of Grandview view Avenue, Grand- www.msc.fema.gov/ 3155P). Heights, 1016 Grandview Av- view Heights, OH lomc. enue, Grandview Heights, 43212. OH 43212. Oklahoma: Oklahoma ...... City of Oklahoma The Honorable Mick Cornett, Planning Department, http:// May 4, 2016 ...... 405378 City (15–06– Mayor, City of Oklahoma 420 West Main, 9th www.msc.fema.gov/ 0551P). City, 200 North Walker, 3rd Floor, Oklahoma City, lomc. Floor, Oklahoma City, OK OK 73102. 73102. Oklahoma ...... City of Oklahoma The Honorable Mick Cornett, Planning Department, http:// Apr. 26, 2016 ...... 405378 City (15–06– Mayor, City of Oklahoma 420 West Main, 9th www.msc.fema.gov/ 3108P). City, 200 North Walker, 3rd Floor, Oklahoma City, lomc. Floor, Oklahoma City, OK OK 73102. 73102. Oklahoma ...... Unincorporated The Honorable Ray Vaughn, Oklahoma County Plan- http:// Apr. 26, 2016 ...... 400466 areas of Okla- Oklahoma County Commis- ning Department, 320 www.msc.fema.gov/ homa County sioner, District 3, 320 Robert Robert S. Kerr Ave- lomc. (15–06–3108P). S. Kerr Avenue, Suite 621, nue, Suite 101, Okla- Oklahoma City, OK 73102. homa City, OK 73102. Tulsa ...... City of Tulsa (15– The Honorable Dewey Bartlett, Development Services http:// Apr. 15, 2016 ...... 405381 06–0947P). Jr., Mayor, City of Tulsa, 175 Department, Tulsa, www.msc.fema.gov/ East 2nd Street, Tulsa, OK OK 74103. lomc. 74103. Pennsylvania: Chester ...... Township of Caln The Honorable John Contento, Township Municipality http:// Apr. 26, 2016 ...... 422247 (15–03–1479P). President, Township of Caln Building, 253 Munic- www.msc.fema.gov/ Board of Commissioners, 253 ipal Drive, Thorndale, lomc. Municipal Drive, Thorndale, PA 19372. PA 19372. Chester ...... Borough of The Honorable Joshua Max- Borough Hall, 4 West http:// Apr. 26, 2016 ...... 420275 Downingtown well, Mayor, Borough of Lancaster Avenue, www.msc.fema.gov/ (15–03–1479P). Downingtown, 4 West Lan- Downingtown, PA lomc. caster Avenue, Downingtown, 19335. PA 19335. Delaware ...... Township of Hav- The Honorable Lawrence J. Department of Commu- http:// Mar. 14, 2016 ...... 420417 erford (15–03– Gentile, Manager, Township nity Development, www.msc.fema.gov/ 2347P). of Haverford, 2325 Darby 2325 Darby Road, lomc. Road, Havertown, PA 19083. Havertown, PA 19083. Lebanon ...... Township of Hei- The Honorable Paul Fetter, Township Hall, 111 Mill http:// Jun. 16, 2016 ...... 420969 delberg (15–03– Chairman, Township of Hei- Road, www.msc.fema.gov/ 0736P). delberg Board of Super- Schaefferstown, PA lomc. visors, 111 Mill Road, 17088. Schaefferstown, PA 17088. Lebanon ...... Township of The Honorable Donald R. Planning and Zoning http:// Jun. 16, 2016 ...... 420574 Millcreek (15– Leibig, Chairman, Township Department, 400 www.msc.fema.gov/ 03–0736P). of Millcreek Board of Super- South 8th Street, lomc. visors, 81 East Alumni Ave- Newmanstown, PA nue, Newmanstown, PA 17042. 17073. South Carolina: Charleston ...... Town of Mount The Honorable Linda Page, Planning and Develop- http:// May 11, 2016 ...... 455417 Pleasant (15– Mayor, Town of Mount Pleas- ment Department, www.msc.fema.gov/ 04–A378P). ant, 100 Ann Edwards Lane, 100 Ann Edwards lomc. Mount Pleasant, SC 29464. Lane, Mount Pleas- ant, SC 29464.

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Charleston ...... Unincorporated The Honorable J. Elliott Charleston County http:// May 11, 2016 ...... 455413 areas of Summey, Chairman, Charles- Building, Inspection www.msc.fema.gov/ Charleston ton County Board of Com- Services Department, lomc. County (15–04– missioners, 4045 Bridgeview 4045 Bridgeview A378P). Drive, Suite B254, North Drive, Suite A311, Charleston, SC 29405. North Charleston, SC 29405. Greenville ...... Unincorporated The Honorable Bob Taylor, Greenville County, http:// Mar. 18, 2016 ...... 450089 areas of Green- Chairman, Greenville County Planning and Code www.msc.fema.gov/ ville County (15– Council, 301 University Compliance Depart- lomc. 04–5639P). Ridge, Suite 2400, Green- ment, 301 University ville, SC 29601. Ridge, Suite 4100, Greenville, SC 29601. Lexington ...... Unincorporated The Honorable Johnny W. Lexington County, Plan- http:// Apr. 29, 2016 ...... 450129 areas of Lex- Jeffcoat, Chairman, Lex- ning Department, 212 www.msc.fema.gov/ ington County ington County Board of Com- South Lake Drive, lomc. (15–04–7104P). missioners, 212 South Lake Suite 302, Lexington, Drive, Suite 601, Lexington, SC 29072. SC 29072. York ...... City of Rock Hill The Honorable Doug Echols, City Hall, 155 Johnston http:// Mar. 29, 2016 ...... 450196 (15–04–2163P). Mayor, City of Rock Hill, 155 Street, Suite 300, www.msc.fema.gov/ Johnston Street, Suite 210, Rock Hill, SC 29730. lomc. Rock Hill, SC 29730. York ...... Unincorporated The Honorable J. Britt York County, Heckle http:// Mar. 29, 2016 ...... 450193 areas of York Blackwell, Chairman, York Complex, 1070 Heck- www.msc.fema.gov/ County (15–04– County Council, 6 South le Boulevard, Suite lomc. 2163P). Congress Street, York, SC 107, York, SC 29732. 29745. Tennessee: Fayette ...... Town of Oakland The Honorable Chris Goodman, Building Department, http:// Mar. 31, 2016 ...... 470418 (15–04–9364P). Mayor, Town of Oakland, 75 Clay Street, Oak- www.msc.fema.gov/ P.O. Box 56, Oakland, TN land, TN 38060. lomc. 38060. Fayette ...... Unincorporated The Honorable Rhea, Taylor Fayette County, Plan- http:// Mar. 31, 2016 ...... 470352 areas of Fayette Mayor, Fayette County, P.O. ning and Develop- www.msc.fema.gov/ County (15–04– Box 218, Somerville, TN ment Department, lomc. 9364P). 38068. 16265 U.S. Highway 64, Somerville, TN 38068. Texas: Bell ...... City of Belton (15– The Honorable Marion Gray- City Hall, 333 Water http:// Apr. 29, 2016 ...... 480028 06–2989P). son, Mayor, City of Belton, Street, Belton, TX www.msc.fema.gov/ P.O. Box 120, Belton, TX 76513. lomc. 76513. Bexar ...... Unincorporated The Honorable Nelson W. Bexar County, Public http:// Mar. 30, 2016 ...... 480035 areas of Bexar Wolff, Bexar County Judge, Works Department, www.msc.fema.gov/ County (15–06– Paul Elizondo Tower, 101 233 North Pecos-La lomc. 1291P). West Nueva Street, 10th Trinidad Street, Suite Floor, San Antonio, TX 420, San Antonio, TX 78205. 78207. Cooke ...... City of Gainesville The Honorable Jim Community Services http:// Apr. 27, 2016 ...... 480154 (14–06–4582P). Goldsworthy, Mayor, City of Department, 104 www.msc.fema.gov/ Gainesville, 200 South Rusk West Hird Street, lomc. Street, Gainesville, TX 76240. Gainesville, TX 76240. Dallas ...... City of Carrollton The Honorable Matthew, Engineering Depart- http:// Apr. 18, 2016 ...... 480167 (15–06–4000P). Marchant Mayor, City of ment, 1945 East www.msc.fema.gov/ Carrollton, 1945 East Jack- Jackson Road, lomc. son Road, Carrollton, TX Carrollton, TX 75006. 75006. Dallas ...... City of Irving (15– The Honorable Beth Van Capital Improvement http:// May 16, 2016 ...... 480180 06–1807P). Duyne, Mayor, City of Irving, Program Department, www.msc.fema.gov/ 825 West Irving Boulevard, Engineering Section, lomc. Irving, TX 75060.. 825 West Irving Bou- levard, Irving, TX 75060.. Kaufman ...... City of Terrell (15– The Honorable Hal Richards, Engineering Depart- http:// Apr. 1, 2016 ...... 480416 06–2277P). Mayor, City of Terrell, 201 ment, 201 East Nash www.msc.fema.gov/ East Nash Street, Terrell, TX Street, Terrell, TX lomc. 75160. 75160. Kaufman ...... Unincorporated The Honorable Bruce Wood, Kaufman County, Pub- http:// Apr. 1, 2016 ...... 480411 areas of Kauf- Kaufman, County Judge, 100 lic Works Depart- www.msc.fema.gov/ man County West Mulberry, Kaufman, TX ment, 3003 South lomc. (15–06–2277P). 75142. Washington, Kauf- man, TX 75142.. Montgomery ... Unincorporated The Honorable Craig B. Doyal, Montgomery County, http:// May 13, 2016 ...... 480483 areas of Mont- Montgomery County Judge, Permitting Depart- www.msc.fema.gov/ gomery County 501 North Thompson, Suite ment, 501 North lomc. (15–06–2891P). 401, Conroe, TX 77301. Thompson, Suite 100, Conroe, TX 77301.

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

Waller and City of Katy (15– The Honorable Fabol R. City Hall, 910 Avenue http:// Apr. 22, 2016 ...... 480301 Harris. 06–1824P). Hughes, Mayor, City of Katy, C, Katy, TX 77493. www.msc.fema.gov/ P.O. Box 617, Katy, TX lomc. 77493. Williamson ...... City of Cedar Park The Honorable Matthew Powell, Public Works Depart- http:// Mar. 31, 2016 ...... 481282 (15–06–3037P). Mayor, City of Cedar Park, ment, 2401 Brushy www.msc.fema.gov/ 450 Cypress Creek Road, Creek Loop, Cedar lomc. Cedar Park, TX 78613. Park, TX 78613. Williamson ...... Unincorporated The Honorable Dan A. Gattis, Williamson County, En- http:// Mar. 31, 2016 ...... 481079 areas of Williamson County Judge, gineer’s Office, 3151 www.msc.fema.gov/ Williamson 710 South Main Street, Suite Southeast Inner lomc. County (15–06– 101, Georgetown, TX 78626. Loop, Suite B, 3037P). Georgetown, TX 78626. Virginia: Fauquier ...... Unincorporated The Honorable Chester W. Fauquier County, De- http:// Apr. 28, 2016 ...... 510055 areas of Fau- Stribling, Chairman, Fauquier partment of Commu- www.msc.fema.gov/ quier County County, Board of Super- nity Development, 29 lomc. (15–03–1168P). visors, 10 Hotel Street, Suite Ashby Street, Suite 208, Warrenton, VA 20186. 310, Warrenton, VA 20186. Montgomery ... Unincorporated The Honorable Bill Brown, Montgomery County, http:// May 5, 2016 ...... 510099 areas of Mont- Chairman, Montgomery Planning Department, www.msc.fema.gov/ gomery County County Board of Supervisors, 755 Roanoke Street, lomc. (14–03–0497P). 755 Roanoke Street, Suite Suite 2A, 2E, Christiansburg, VA 24073. Christiansburg, VA 24073.

[FR Doc. 2016–07080 Filed 3–28–16; 8:45 am] for reporting and drawing funds: 97.030, 15, 2016. The meeting will be open to Community Disaster Loans; 97.031, Cora BILLING CODE 9110–12–P the public. Brown Fund; 97.032, Crisis Counseling; The TMAC will meet via 97.033, Disaster Legal Services; 97.034, DATES: Disaster Unemployment Assistance (DUA); conference call on Thursday, April 14, DEPARTMENT OF HOMELAND 97.046, Fire Management Assistance Grant; 2016 from 10:00 a.m. to 5:00 p.m. SECURITY 97.048, Disaster Housing Assistance to Eastern Daylight Time (E.D.T), and on Individuals and Households In Presidentially Friday, April 15, 2016 from 10:00 a.m. Federal Emergency Management Declared Disaster Areas; 97.049, to 5:00 p.m. E.D.T. Please note that the Agency Presidentially Declared Disaster Assistance— meeting will close early if the TMAC [Internal Agency Docket No. FEMA–4256– Disaster Housing Operations for Individuals has completed its business. DR; Docket ID FEMA–2016–0001] and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals ADDRESSES: For information on how to access to the conference call, Oklahoma; Amendment No. 1 to Notice and Households—Other Needs; 97.036, Disaster Grants—Public Assistance information on services for individuals of a Major Disaster Declaration (Presidentially Declared Disasters); 97.039, with disabilities, or to request special AGENCY: Federal Emergency Hazard Mitigation Grant. assistance for the meeting, contact the person listed in FOR FURTHER Management Agency, DHS. W. Craig Fugate, below as soon as ACTION: Notice. INFORMATION CONTACT Administrator, Federal Emergency possible. Members of the public who Management Agency. SUMMARY: This notice amends the notice wish to dial in for the meeting must of a major disaster declaration for the [FR Doc. 2016–07082 Filed 3–28–16; 8:45 am] register in advance by sending an email State of Oklahoma (FEMA–4256–DR), BILLING CODE 9111–23–P to [email protected] dated February 10, 2016, and related (attention Kathleen Boyer) by 11 a.m. determinations. E.D.T. on Tuesday, April 12, 2016. DEPARTMENT OF HOMELAND Effective: March 17, 2016. To facilitate public participation, DATES: SECURITY members of the public are invited to FOR FURTHER INFORMATION CONTACT: provide written comments on the issues Federal Emergency Management Dean Webster, Office of Response and to be considered by the TMAC, as listed Agency Recovery, Federal Emergency in the ‘‘Supplementary Information’’ Management Agency, 500 C Street SW., section below. The Agenda and other Washington, DC 20472, (202) 646–2833. [Docket ID FEMA–2014–0022] associated material will be available for SUPPLEMENTARY INFORMATION: The notice review at www.fema.gov/TMAC by Technical Mapping Advisory Council of a major disaster declaration for the Friday, April 8, 2016. Written comments State of Oklahoma is hereby amended to AGENCY: Federal Emergency to be considered by the committee at the include the following area among those Management Agency, DHS. time of the meeting must be received by areas determined to have been adversely ACTION: Committee Management; Notice Tuesday, April 12, 2016, identified by affected by the event declared a major of Federal Advisory Committee Meeting. Docket ID FEMA–2014–0022, and disaster by the President in his submitted by one of the following declaration of February 10, 2016. SUMMARY: The Federal Emergency methods: Ottawa County for Public Assistance. Management Agency (FEMA) Technical • Federal eRulemaking Portal: http:// The following Catalog of Federal Domestic Mapping Advisory Council (TMAC) will www.regulations.gov. Follow the Assistance Numbers (CFDA) are to be used meet via conference call on April 14 and instructions for submitting comments.

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• Email: Address the email TO: partners; and (5) (a) methods for (hereinafter referred to as flood hazard [email protected] and CC: improving interagency and determinations), as shown on the Flood [email protected]. Include intergovernmental coordination on Insurance Rate Maps (FIRMs), and the docket number in the subject line of flood mapping and flood risk where applicable, in the supporting the message. Include name and contact determination, and (b) a funding Flood Insurance Study (FIS) reports, detail in the body of the email. strategy to leverage and coordinate prepared by the Federal Emergency • Mail: Regulatory Affairs Division, budgets and expenditures across Federal Management Agency (FEMA) for each Office of Chief Counsel, FEMA, 500 C agencies. Furthermore, the TMAC is community, is appropriate because of Street SW., Room 8NE, Washington, DC required to submit an Annual Report to new scientific or technical data. The 20472–3100. the FEMA Administrator that contains: FIRM, and where applicable, portions of Instructions: All submissions received (1) A description of the activities of the the FIS report, have been revised to must include the words ‘‘Federal Council; (2) an evaluation of the status reflect these flood hazard Emergency Management Agency’’ and and performance of flood insurance rate determinations through issuance of a the docket number for this action. maps and mapping activities to revise Letter of Map Revision (LOMR), in Comments received will be posted and update Flood Insurance Rate Maps; accordance with title 44, part 65 of the without alteration at http:// and (3) a summary of recommendations Code of Federal Regulations (44 CFR www.regulations.gov, including any made by the Council to the FEMA part 65). The LOMR will be used by personal information provided. Docket: Administrator. insurance agents and others to calculate For docket access to read background Further, in accordance with the appropriate flood insurance premium documents or comments received by the Homeowner Flood Insurance rates for new buildings and the contents TMAC, go to http://www.regulations.gov Affordability Act of 2014, the TMAC of those buildings. For rating purposes, and search for the Docket ID FEMA– must develop a review report related to the currently effective community 2014–0022. flood mapping in support of the number is shown in the table below and A public comment period will be held National Flood Insurance Program must be used for all new policies and on April 14, 2016, from 11:00–11:20 (NFIP). renewals. a.m. and April 15, 2016 from 11:00– Agenda: On April 14 and 15, 2016, 11:20 a.m. E.D.T. Speakers are requested the TMAC will review draft DATES: These flood hazard to limit their comments to no more than recommendations for the 2016 determinations will become effective on two minutes. Each public comment Technical Review Report to evaluate the the dates listed in the table below and period will not exceed 20 minutes. FEMA Flood Mapping Program. The revise the FIRM panels and FIS report Please note that the public comment TMAC will also continue to discuss in effect prior to this determination for periods may end before the time potential recommendations and will the listed communities. indicated, following the last call for review draft recommendations to be From the date of the second comments. Contact the individual listed included in the required 2016 TMAC publication of notification of these below to register as a speaker by close annual report. A brief public comment changes in a newspaper of local of business on Tuesday, April 12, 2016. period will take place at the beginning circulation, any person has 90 days in of the meeting each day. A more which to request through the FOR FURTHER INFORMATION CONTACT: community that the Deputy Associate Kathleen Boyer, Designated Federal detailed agenda will be posted by April Administrator for Mitigation reconsider Officer for the TMAC, FEMA, 1800 8, 2016, at http://www.fema.gov/TMAC. the changes. The flood hazard South Bell Street Arlington, VA 22202, Dated: March 15, 2016. determination information may be telephone (202) 646–4023, and email Roy E. Wright, changed during the 90-day period. [email protected]. The Deputy Associate Administrator, for TMAC Web site is: http:// Insurance and Mitigation, Federal Emergency ADDRESSES: The affected communities www.fema.gov/TMAC. Management Agency. are listed in the table below. Revised flood hazard information for each SUPPLEMENTARY INFORMATION: Notice of [FR Doc. 2016–06986 Filed 3–28–16; 8:45 am] community is available for inspection at this meeting is given under the Federal BILLING CODE 9110–12–P Advisory Committee Act, 5 U.S.C. both the online location and the Appendix. respective community map repository As required by the Biggert-Waters DEPARTMENT OF HOMELAND address listed in the table below. Flood Insurance Reform Act of 2012, the SECURITY Additionally, the current effective FIRM TMAC makes recommendations to the and FIS report for each community are FEMA Administrator on: (1) How to Federal Emergency Management accessible online through the FEMA improve, in a cost-effective manner, the Agency Map Service Center at www.msc.fema.gov for comparison. (a) accuracy, general quality, ease of use, [Docket ID FEMA–2016–0002; Internal and distribution and dissemination of Agency Docket No. FEMA–B–1608] Submit comments and/or appeals to flood insurance rate maps and risk data; the Chief Executive Officer of the and (b) performance metrics and Changes in Flood Hazard community as listed in the table below. milestones required to effectively and Determinations FOR FURTHER INFORMATION CONTACT: Luis efficiently map flood risk areas in the AGENCY: Federal Emergency Rodriguez, Chief, Engineering United States; (2) mapping standards Management Agency, DHS. Management Branch, Federal Insurance and guidelines for (a) flood insurance and Mitigation Administration, FEMA, ACTION: Notice. rate maps, and (b) data accuracy, data 500 C Street SW., Washington, DC quality, data currency, and data SUMMARY: This notice lists communities 20472, (202) 646–4064, or (email) eligibility; (3) how to maintain, on an where the addition or modification of [email protected]; or visit ongoing basis, flood insurance rate maps Base Flood Elevations (BFEs), base flood the FEMA Map Information eXchange and flood risk identification; (4) depths, Special Flood Hazard Area (FMIX) online at procedures for delegating mapping (SFHA) boundaries or zone www.floodmaps.fema.gov/fhm/fmx_ activities to State and local mapping designations, or the regulatory floodway main.html.

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SUPPLEMENTARY INFORMATION: The that the community is required either to The affected communities are listed in specific flood hazard determinations are adopt or to show evidence of having in the following table. Flood hazard not described for each community in effect in order to qualify or remain determination information for each this notice. However, the online qualified for participation in the community is available for inspection at location and local community map National Flood Insurance Program both the online location and the repository address where the flood (NFIP). respective community map repository hazard determination information is These flood hazard determinations, address listed in the table below. available for inspection is provided. together with the floodplain Additionally, the current effective FIRM Any request for reconsideration of management criteria required by 44 CFR and FIS report for each community are flood hazard determinations must be 60.3, are the minimum that are required. accessible online through the FEMA submitted to the Chief Executive Officer They should not be construed to mean Map Service Center at of the community as listed in the table that the community must change any www.msc.fema.gov for comparison. existing ordinances that are more below. (Catalog of Federal Domestic Assistance No. The modifications are made pursuant stringent in their floodplain 97.022, ‘‘Flood Insurance.’’) to section 201 of the Flood Disaster management requirements. The Protection Act of 1973, 42 U.S.C. 4105, community may at any time enact Dated: March 10, 2016. and are in accordance with the National stricter requirements of its own or Roy E. Wright, Flood Insurance Act of 1968, 42 U.S.C. pursuant to policies established by other Deputy Associate Administrator for Insurance 4001 et seq., and with 44 CFR part 65. Federal, State, or regional entities. The and Mitigation, Department of Homeland The FIRM and FIS report are the basis flood hazard determinations are in Security, Federal Emergency Management of the floodplain management measures accordance with 44 CFR 65.4. Agency.

Location and case Chief executive officer of com- Community map reposi- Online location of let- Effective date of Community State and county No. munity tory ter of map revision modification No.

Arizona: Maricopa ...... City of Peoria (15– The Honorable Cathy Carlat City Hall 8401, West http:// Apr. 29, 2016 ...... 040050 09–2060P). Mayor, City of Peoria, 8401 Monroe Street, Peo- www.msc.fema.gov/ West Monroe Street, Peoria, ria, AZ 85345. lomc. AZ 85345. Pima ...... Unincorporated The Honorable Sharon Bronson Pima County Flood http:// Apr. 15, 2016 ...... 040073 areas of Pima Chair, Board of Supervisors, Control District, 210 www.msc.fema.gov/ County (15–09– Pima County, 130 West Con- North Stone Avenue, lomc. 1650P). gress Street, 10th Floor, Tuc- 9th Floor, Tucson, AZ son, AZ 85701. 85701. Pima ...... City of Tucson The Honorable Jonathan Roth- Pima County Flood http:// Jun. 13, 2016 ...... 040076 (15–09–2298P). schild, Mayor, City of Tucson, Control District, 210 www.msc.fema.gov/ City Hall, 255 West Alameda North Stone Avenue, lomc. Street, 10th Floor, Tucson, 9th Floor, Tucson, AZ AZ 85701. 85701. Yavapai ...... Unincorporated The Honorable Craig Brown, Yavapai County Flood http:// May 27, 2016 ...... 040093 areas of Yavapai Chairman, Board of Super- Control District Of- www.msc.fema.gov/ County (15–09– visors, Yavapai County, 1015 fice, 1120 Commerce lomc.. 1727P). Fair Street, Prescott, AZ Drive, Prescott, AZ 86305. 86305. California: Riverside ...... City of Corona The Honorable Eugene City Hall, 400 South http:// Mar. 31, 2016 ...... 060250 (15–09–1832P). Montanez, Mayor, City of Co- Vicentia Avenue, Co- www.msc.fema.gov/ rona, 400 South Vicentia Av- rona, CA 92882. lomc. enue, Corona, CA 92882. Riverside ...... Unincorporated The Honorable Marion Ashley, Riverside County Flood http:// Mar. 31, 2016 ...... 060245 areas of River- Chairman, Board of Super- Control and Water www.msc.fema.gov/ side County visors, Riverside County, Conservation District, lomc. (15–09–1832P). 4080 Lemon Street, 5th 1995 Market Street, Floor, Riverside, CA 92501. Riverside, CA 92501. Riverside ...... City of Moreno The Honorable Tom Owings, City Hall, 14177 Fred- http:// May 26, 2016 ...... 065074 Valley (15–09– Mayor, City of Moreno Valley, erick Street, Moreno www.msc.fema.gov/ 1728P). 14177 Frederick Street, Valley, CA 92552. lomc. Moreno Valley, CA 92552. Riverside ...... City of Perris (15– The Honorable Daryl R. Busch, City Hall, 101 North D http:// May 26, 2016 ...... 060258 09–1728P). Mayor, City of Perris, 101 Street, Perris, CA www.msc.fema.gov/ North D Street, Perris, CA 92570. lomc. 92570. Sacramento .... Unincorporated The Honorable Phil Serna, Municipal Services http:// Mar. 21, 2016 ...... 060262 areas of Sac- Chairman, Board of Super- Agency, Department www.msc.fema.gov/ ramento County visors, Sacramento County, of Water Resources, lomc. (15–09–2246P). 700 H Street, Suite 2450, 827 7th Street, Suite Sacramento, CA 95814. 301, Sacramento, CA 95814. San Diego ...... City of El Cajon The Honorable Bill Wells, City Hall, 200 Civic http:// Apr. 8, 2016 ...... 060289 (15–09–1699P). Mayor, City of El Cajon, 200 Center Way, El www.msc.fema.gov/ Civic Center Way, El Cajon, Cajon, CA 92020. lomc. CA 92020. Nevada: Clark ...... Unincorporated The Honorable Steve Sisolak, Office of the Director of http:// May 19, 2016 ...... 320003 areas of Clark Chairman, Board of Super- Public Works, 500 www.msc.fema.gov/ County (15–09– visors, Clark County, 500 South Grand Central lomc. 2566P). South Grand Central Park- Parkway, Las Vegas, way, 6th Floor, Las Vegas, NV 89155. NV 89106.

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Location and case Chief executive officer of com- Community map reposi- Online location of let- Effective date of Community State and county No. munity tory ter of map revision modification No.

Clark ...... Unincorporated The Honorable Steve Sisolak, Office of the Director of http:// May 10, 2016 ...... 320003 areas of Clark Chairman, Board of Super- Public Works, 500 www.msc.fema.gov/ County (16–09– visors, Clark County, 500 South Grand Central lomc. 0035P). South Grand Central Park- Parkway, Las Vegas, way, 6th Floor, Las Vegas, NV 89155. NV 89106. Douglas ...... Unincorporated The Honorable Doug N. John- Douglas County Public http:// May 26, 2016 ...... 320008 areas of Doug- son, Chairman, Board of Su- Works Department, www.msc.fema.gov/ las County (15– pervisors Douglas County, 1615 8th Street, lomc. 09–0074P). P.O. Box 218, Minden, NV Minden, NV 89423. 89423. Washoe ...... City of Reno (16– The Honorable Hillary Schieve, City Hall Annex 450 http:// May 25, 2016 ...... 320020 09–0377X). Mayor, City of Reno, 1 East Sinclair Street Reno, www.msc.fema.gov/ 1st Street, Reno, NV 89501. NV 89501. lomc.

[FR Doc. 2016–07081 Filed 3–28–16; 8:45 am] of this rental assistance program is to Project-based Section 8 and Moderate BILLING CODE 9110–12–P assist eligible families to pay their rent Rehabilitation contracts; (3) to assist for decent, safe, and sanitary housing. families in properties where the owner The regulations for allocating housing has prepaid the HUD mortgage; (4) to DEPARTMENT OF HOUSING AND assistance budget authority under assist families in projects where the URBAN DEVELOPMENT Section 213(d) of the Housing and Rental Supplement and Rental Community Development Act of 1974 Assistance Payments contracts are [Docket No. FR–5937–FA–01] are published at 24 CFR part 791, expiring (RAD—Second Component); subpart D. (5) to provide relocation housing Announcement of Tenant Protection The FY 2015 awardees announced in assistance in connection with the Voucher Funding Awards for Fiscal this notice were provided HCVP tenant demolition of public housing; (6) to Year 2015 for the Housing Choice protection vouchers (TPVs) funds on an provide replacement housing assistance Voucher Program as-needed, non-competitive basis. TPV for single room occupancy (SRO) units AGENCY: Office of the Assistant awards made to PHAs for program that fail housing quality standards Secretary for Public and Indian actions that displace families living in (HQS); (7) to assist families in public Housing, HUD. public housing were made on a first- housing developments that are come, first-served basis in accordance scheduled for demolition in connection ACTION: Announcement of fiscal year 2015 funding awards. with PIH Notice 2007–10, ‘‘Voucher with a HUD-approved HOPE VI Funding in Connection with the revitalization or demolition grant; and SUMMARY: In accordance with Section Demolition or Disposition of Occupied (8) to assist families consistent with PIH 102(a)(4)(C) of the Department of Public Housing Units,’’ 1 and PIH Notice Notice 2014–13, ‘‘Funding for Tenant- Housing and Urban Development 2015–03, ‘‘Implementation of the Protection Vouchers for Certain At-Risk Reform Act of 1989, this document Federal Fiscal Year 2015 Funding Households in Low-Vacancy Areas— notifies the public of Tenant Protection Provision for the Housing Choice 2014 Appropriations Act’’ 4 and PIH Voucher (TPV) funding awards for Voucher Program.’’ 2 Awards for the Notice 2015–07, ‘‘Funding Availability Fiscal Year (FY) 2015 to public housing Rental Assistance Demonstration (RAD) for Tenant-Protection Vouchers for agencies (PHAs) under the Section 8 were provided for Rental Supplement Certain At-Risk Households in Low- Housing Choice Voucher Program and Rental Assistance Payment Projects Vacancy Areas—Fiscal Year 2015.’’ 5 (HCVP). The purpose of this notice is to (RAD—Second Component) consistent A special administrative fee of $200 publish the names and addresses of with PIH Notice 2012–32 (HA), REV–2, per occupied unit was provided to awardees, and the amounts of their non- ‘‘Rental Assistance Demonstration— PHAs to compensate for any competitive funding awards for assisting Final Implementation, Revision 2.’’ 3 extraordinary HCVP administrative households affected by housing Announcements of awards provided costs associated with Multifamily conversion actions, public housing under the NOFA process for Housing conversion actions. relocations and replacements, moderate Mainstream, Designated Housing, The Department awarded total new rehabilitation replacements, and HOPE Family Unification (FUP), and Veterans budget authority of $96,743,318 to VI relocations. Assistance Supportive Housing (VASH) recipients under all of the above- programs will be published in a separate mentioned categories for 16,515 housing FOR FURTHER INFORMATION CONTACT: choice vouchers. This budget authority Milan Ozdinec, Deputy Assistant Federal Register notice. Awards published under this notice includes $2,312,058 of unobligated Secretary, Office of Housing Voucher commitments made in FY 2014. These Programs, Office of Public and Indian were provided: (1) To assist families living in HUD-owned properties that are funds were reserved by September 30, Housing, Department of Housing and 2014, but not contracted until FY 2015, Urban Development, 451 Seventh Street being sold; (2) to assist families affected by the expiration or termination of their and thus have been included with SW., Room 4204, Washington, DC obligated commitments for FY 2015. In 20410–5000, telephone (202) 402–1380. 1 accordance with Section 102(a)(4)(C) of Hearing- or speech-impaired individuals PIH Notice 2007–10 is available at: http://portal. hud.gov/hudportal/documents/huddoc?id=DOC_ the Department of Housing and Urban may call HUD’s TTY number at (800) 11380.pdf. 927–7589. (Only the ‘‘800’’ telephone 2 PIH Notice 2015–03 is available at: http://portal. 4 PIH Notice 2014–13 is available at: httpy:// number is toll-free.) hud.gov/hudportal/documents/huddoc?id=15- portal.hud.gov/hudportal/documents/huddoc 03pihn.pdf. The ?id=pih2014-13.pdf. SUPPLEMENTARY INFORMATION: 3 PIH Notice 2012–32 (HA), REV–2 is available at: 5 PIH Notice 2015–07 is available at: http://portal. regulations governing the HCVP are http://portal.hud.gov/hudportal/documents/huddoc hud.gov/hudportal/documents/huddoc?id= published at 24 CFR 982. The purpose ?id=PIHNotice_2012-32_062015.pdf. PIH2015-07.pdf.

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Development Reform Act of 1989 (103 The awardees are listed alphabetically Dated: March 18, 2016. Stat. 1987, 42 U.S.C. 3545), the by State and then by PHA name. Lourdes Castro Ramirez, Department is publishing the names and Principal Deputy Assistant Secretary for addresses of awardees, and their award Public and Indian Housing. amounts in Appendix A. Appendix A

SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015

Housing agency Address Units Award

Special Fees Awarded Related to TPVs

Special Fees—At-Risk Households

CA: CITY OF ANAHEIM HOUSING AUTHORITY ...... 201 S. ANAHEIM BLVD., STE. 200, ANAHEIM, CA 0 $25,600 92805. MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ...... 0 8,000 MA: QUINCY HOUSING AUTHORITY ...... 80 CLAY STREET, QUINCY, MA 02170 ...... 0 21,400 MA: PLYMOUTH HOUSING AUTHORITY ...... P.O.B. 3537, PLYMOUTH, MA 02361 ...... 0 8,400 MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 0 13,400 MN: ST. PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 0 2,200 55102. MO: ST. LOUIS COUNTY HOUSING AUTHORITY .... 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 ...... 0 37,200

Total for Special Fees—At-Risk Households ...... 0 116,200

Special Fees—Opt-Outs/Terminations

AR: MISSISSIPPI COUNTY PUB FACIL BOARD ...... 810 WEST KEISER, OSCEOLA, AR 72370 ...... 0 1,600 CA: COUNTY OF SAN BERNARDINO HSG AUTH ... 715 E. BRIER DRIVE, SAN BERNARDINO, CA 0 6,000 92408. CA: CITY OF POMONA ...... 505 S. GAREY AVENUE, P.O. BOX 660, POMONA, 0 1,000 CA 91769. CA: CITY OF OCEANSIDE COMM DEV COMM ...... 300 NORTH COAST HIGHWAY, NEVADA STREET 0 2,200 ANNEX, OCEANSIDE, CA 92054. CO: HA OF THE CITY AND COUNTY OF DENVER .. 777 GRANT STREET, DENVER, CO 80203 ...... 0 23,600 CT: WATERBURY HOUSING AUTHORITY ...... 2 LAKEWOOD ROAD, WATERBURY, CT 06704 ...... 0 2,400 CT: CONNECTICUT DEPT OF HOUSING ...... 505 HUDSON STREET, HARTFORD, CT 06106 ...... 0 5,600 DC: D.C. HOUSING AUTHORITY ...... 1133 NORTH CAPITOL STREET NE., WASH- 0 58,200 INGTON, DC 20002. FL: HA TAMPA ...... 1514 UNION ST., P.O. BOX 4766, TAMPA, FL 33607 0 10,400 FL: MIAMI DADE HOUSING AUTHORITY ...... 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 0 800 33136. FL: ORANGE CO SECTION 8 ...... 525 EAST SOUTH STREET, P.O. BOX 38, OR- 0 3,600 LANDO, FL 32801. GA: HA MACON ...... P.O. BOX 4928, 2015 FELTON AVENUE, MACON, 0 22,400 GA 31208. IA: SOUTHERN IOWA REG HSG AUTHORITY ...... 219 N. PINE, CRESTON, IA 50801 ...... 0 6,400 ID: IDAHO HOUSING AND FINANCE ASSO ...... 565 W. MYRTLE STREET, P.O. BOX 7899, BOISE, 0 1,400 ID 83707. KS: KANSAS CITY HOUSING AUTHORITY ...... 1124 NORTH NINTH STREET, KANSAS CITY, KS 0 21,600 66101. MD: H AUTHORITY OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 0 7,600 21201. MD: HSG AUTH PRINCE GEORGE’S COUNTY ...... 9200 BASIL COURT, 5TH FLOOR, LARGO, MD 0 5,800 20774. MD: HOWARD COUNTY HOUSING COMMISSION .. 6751 COLUMBIA GATEWAY DRIVE, 3RD FLOOR, 0 12,200 COLUMBIA, MD 21046. MN: METROPOLITAN COUNCIL HRA ...... 390 ROBERT STREET, NORTH, ST. PAUL, MN 0 9,600 55101. ND: STUTSMAN COUNTY HOUSING AUTHORITY .. 217 1ST AVENUE N., JAMESTOWN, ND 58401 ...... 0 600 ND: HOUSING AUTHORITY OF FOSTER COUNTY 55 16TH AVE. SOUTH, CARRINGTON, ND 58421 .... 0 4,200 ND: MCHENRY/PIERCE COUNTY H AUTH ...... 108 BURDICK EXPRESSWAY, MINOT, ND 58701 .... 0 1,400 NH: KEENE HOUSING AUTHORITY ...... 831 COURT STREET, KEENE, NH 03431 ...... 0 3,600 NM: BERNALILLO COUNTY HSG DEPT ...... 1900 BRIDGE BLVD. SW., ALBUQUERQUE, NM 0 8,000 87105. OH: HENRY MHA ...... 1044 CHELSEA AVE., NAPOLEON, OH 43545 ...... 0 6,000 OK: OKLAHOMA HOUSING FINANCE AGENCY ...... P.O. BOX 26720, 100 NW. 63RD ST., SUITE 200, 0 19,200 OKLAHOMA CITY, OK 73126. PA: ALLENTOWN HOUSING AUTHORITY ...... 1339 ALLEN STREET, ALLENTOWN, PA 18102 ...... 0 4,000 PA: JOHNSTOWN HOUSING AUTHORITY ...... 501 CHESTNUT ST., P.O. BOX 419, JOHNSTOWN, 0 3,600 PA 15907. RQ: PUERTO RICO HOUSING FINANCE CORP ...... CALL BOX 71361—GPO, SAN JUAN, PR 00936 ...... 0 15,200 SC: CITY OF SPARTANBURG H/A ...... P.O. BOX 2828, SPARTANBURG, SC 29304 ...... 0 4,000 TN: MEMPHIS HOUSING AUTHORITY ...... P.O. BOX 3664, MEMPHIS, TN 38103 ...... 0 4,400

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

TN: METROPOLITAN DEVE & HSG AGNCY ...... 701 SOUTH SIXTH STREET, P.O. BOX 846, NASH- 0 22,000 VILLE, TN 37202. TX: HOUSING AUTHORITY OF EL PASO ...... 5300 PAISANO, EL PASO, TX 79905 ...... 0 1,200 TX: CORPUS CHRISTI HOUSING AUTHORITY ...... 3701 AYERS STREET, CORPUS CHRISTI, TX 0 13,200 78415. TX: HOUSING AUTHORITY OF WACO ...... 4400 COBBS DRIVE, WACO, TX 76703 ...... 0 19,200 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045, 201 NW. 2ND. ST., SUITE 150, 0 17,000 GRAND PRAIRIE, TX 75053. WA: SEATTLE HOUSING AUTHORITY ...... 120 SIXTH AVENUE NORTH, P.O. BOX 19028, SE- 0 400 ATTLE, WA 98109. WA: KING COUNTY HOUSING AUTHORITY ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 0 8,000 WA: HOU AUTHORITY OF SNOHOMISH COUNTY .. 12625 4TH AVE. W., SUITE 200, EVERETT, WA 0 8,800 98204. WI: DUNN COUNTY HA ...... 1421 STOUT ROAD, MENOMONIE, WI 54751 ...... 0 1,200 WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 0 1,000 OPMENT AUTHORITY. WV: PARKERSBURG HOUSING AUTHORITY ...... 1901 CAMERON AVENUE, PARKERSBURG, WV 0 5,000 26101. WV: JACKSON HOUSING AUTHORITY ...... WHISPERING WAY—TANGLEWOOD VILL, RIPLEY, 0 600 WV 25271. WY: H AUTH OF THE CITY OF CHEYENNE ...... 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 0 1,800

Total for Special Fees—Opt-Outs/Terminations ...... 0 376,000

Special Fees—Prepays

AR: FORT SMITH ...... 2100 NORTH 31ST STREET, FORT SMITH, AR 0 13,000 72904. CA: SAN FRANCISCO HSG AUTH ...... 1815 EGBERT AVE., SAN FRANCISCO, CA 94124 .. 0 31,200 CA: OAKLAND HOUSING AUTHORITY ...... 1619 HARRISON ST., OAKLAND, CA 94612 ...... 0 8,800 CA: TULARE COUNTY HOUSING AUTH ...... 5140 W. CYPRESS AVE., P.O. BOX 791, VISALIA, 0 2,400 CA 93279. CA: CITY OF LONG BEACH HSG AUTH ...... 521 E. 4TH STREET, LONG BEACH, CA 90802 ...... 0 58,600 CA: CITY OF SANTA MONICA ...... 1901 MAIN ST., STE. A, SANTA MONICA, CA 90405 0 15,000 CO: LOVELAND HOUSING AUTHORITY ...... 375 W. 37TH ST., #200, LOVELAND, CO 80538 ...... 0 14,200 IL: CHICAGO HOUSING AUTHORITY ...... 60 EAST VAN BUREN ST., 11TH FLOOR, CHI- 0 45,800 CAGO, IL 60605. IL: HOUSING AUTHORITY OF COOK COUNTY ...... 175 WEST JACKSON BOULEVARD, SUITE 350, 0 64,800 CHICAGO, IL 60604. IL: ELGIN HA ...... 120 SOUTH STATE STREET, ELGIN, IL 60123 ...... 0 1,400 IL: DUPAGE COUNTY HOUSING AUTHORITY ...... 711 EAST ROOSEVELT ROAD, WHEATON, IL 0 8,400 60187. IN: EAST CHICAGO HA ...... 4920 LARKSPUR DR., P.O. BOX 498, EAST CHI- 0 600 CAGO, IN 46312. KY: LEXINGTON FAYETTE URBAN HOUSING ...... 300 NEW CIRCLE ROAD, LEXINGTON, KY 40505 ... 0 8,000 KY: PADUCAH HOUSING AUTHORITY ...... 300 SOUTH FIFTH STREET, POST OFFICE BOX 0 8,400 2267, PADUCAH, KY 42002. MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 0 60,000 02139. MA: QUINCY HOUSING AUTHORITY ...... 80 CLAY STREET, QUINCY, MA 02170 ...... 0 67,000 MA: BROOKLINE HOUSING AUTHORITY ...... 90 LONGWOOD AVE, BROOKLINE, MA 02146 ...... 0 20,000 MD: HOU AUTHORITY OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 0 9,600 21201. MN: ST PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 0 4,000 55102. MS: MISS REG HA II ...... P.O. BOX 1887, OXFORD, MS 38655 ...... 0 14,600 MT: MT DEPARTMENT OF COMMERCE ...... P.O.B. 200545, 301 S. PARK, HELENA, MT 59620 ... 0 6,000 NJ: LAKEWOOD HOUSING AUTHORITY ...... 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 .... 0 14,400 NY: TOWN OF AMHERST ...... C/O BELMONT HOUSING RESOURCES, 1195 MAIN 0 49,200 STREET, BUFFALO, NY 14209. NY: THE CITY OF NEW YORK DEPT OF HSG ...... 501, NEW YORK, NY 10038 ...... 0 60,000 OH: TRUMBULL MHA ...... 4076 YOUNGSTOWN ROAD SE., WARREN, OH 0 13,200 44484. OH: LORAIN MHA ...... 1600 KANSAS AVENUE, LORAIN, OH 44052 ...... 0 6,400 OH: MEDINA MHA ...... 850 WALTER ROAD, MEDINA, OH 44256 ...... 0 10,600 PA: HOUSING AUTH CO OF LAWRENCE ...... 481 NESHANNOCK AVE., P.O. BOX 988, NEW 0 200 CASTLE, PA 16103. PA: FRANKLIN CITY HOUSING AUTHORITY ...... 1212 CHESTNUT STREET, FRANKLIN, PA 16323 ... 0 4,800 VA: NEWPORT NEWS REDEVELOPMENT & HA ..... P.O. BOX 797, NEWPORT NEWS, VA 23607 ...... 0 18,600 WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 0 3,000 OPMENT AUTHORITY.

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

Total for Special Fees—Prepays...... 0 642,200

Special Fees—RAD Conversions

CA: CITY OF LONG BEACH HSG AUTH ...... 521 E. 4TH STREET, LONG BEACH, CA 90802 ...... 0 27,800 IL: DECATUR HOUSING AUTHORITY ...... 1808 EAST LOCUST STREET, DECATUR, IL 62521 0 21,800 IL: HOUSING AUTHORITY OF JOLIET ...... 6 SOUTH BROADWAY STREET, JOLIET, IL 60436 .. 0 35,200 IL: MENARD COUNTY HOUSING AUTHORITY ...... 101 W. SHERIDAN ROAD, PETERSBURG, IL 62675 0 15,600 IL: KANKAKEE COUNTY HOUSING AUTHORITY ..... 185 NORTH ST. JOSEPH AVENUE, KANKAKEE, IL 0 23,800 60901. IL: WINNEBAGO COUNTY H AUTHORITY ...... 3617 DELAWARE STREET, ROCKFORD, IL 61102 .. 0 22,200 IL: AURORA HOUSING AUTHORITY ...... 1630 WEST PLUM STREET, AURORA, IL 60506 ...... 0 102,000 LA: SHREVEPORT HSG AUTHORITY ...... 2500 LINE AVENUE, SHREVEPORT, LA 71104 ...... 0 3,600 MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ...... 0 11,800 MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, 0 62,600 MA 02139. MA: WORCESTER HOUSING AUTHORITY ...... 40 BELMONT STREET, WORCESTER, MA 01605 ... 0 230,800 MA: BROOKLINE HOUSING AUTHORITY ...... 90 LONGWOOD AVE., BROOKLINE, MA 02146 ...... 0 20,000 MA: SALEM HOUSING AUTHORITY ...... 27 CHARTER STREET, SALEM, MA 01970 ...... 0 50,000 MA: COMM DEV PROG COMM OF MA. E.O.C.D ..... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 0 79,000 MD: BALTIMORE CO. HOUSING OFFICE ...... 6401 YORK ROAD, 1ST FLOOR, BALTIMORE, MD 0 36,400 21212. MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 0 53,000 NJ: NEWARK HOUSING AUTHORITY ...... 500 BROAD STREET, NEWARK, NJ 07102 ...... 0 18,600 NJ: JERSEY CITY HOUSING AUTHORITY ...... 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 0 58,800 NJ: PATERSON HOUSING AUTHORITY ...... 60 VAN HOUTEN STREET, PATERSON, NJ 07505 .. 0 95,600 NJ: RAHWAY HOUSING AUTHORITY ...... 165 GRAND AVENUE, RAHWAY, NJ 07065 ...... 0 3,800 NJ: LAKEWOOD HOUSING AUTHORITY ...... 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 .... 0 4,800 NJ: MIDDLETOWN HOUSING AUTHORITY ...... 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 0 16,400 07748. NJ: NEW JERSEY DEPARTMENT OF COMMUNITY 101 SOUTH BROAD STREET, POST OFFICE BOX 0 143,800 051, TRENTON, NJ 08625. NY: ALBANY HOUSING AUTHORITY ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 0 24,800 NY: HA OF ROCHESTER ...... 675 WEST MAIN STREET, ROCHESTER, NY 14611 0 56,200 NY: THE CITY OF NEW YORK ...... 501, NEW YORK, NY 10038 ...... 0 105,000 NY: CITY OF POUGHKEEPSIE MUNICIPAL BLDG ... MEMORIAL SQUARE, P.O. BOX 300, POUGH- 0 27,200 KEEPSIE, NY 12602. NY: NYS HSG TRUST FUND CORPORATION ...... 38–40 STATE STREET, ALBANY, NY 12207 ...... 0 234,000 PA: ALLEGHENY COUNTY H AUTHORITY ...... 625 STANWIX ST., 12TH FLOOR, PITTSBURGH, PA 0 30,400 15222. VA: FAIRFAX CO RED AND HNG AUTHORITY ...... 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 0 21,600 22030. VA: ARLINGTON CO DEPT OF HUMAN ...... 2100 WASHINGTON BLVD., ARLINGTON, VA 22204 0 8,400 WI: RACINE COUNTY HA ...... 837 MAIN STREET, RACINE, WI 53403 ...... 0 15,600 WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 0 14,200 OPMENT AUTHORITY.

Total for Special Fees—RAD Conversions ...... 0 1,674,800

Special Fees—Relocation—Rent Supplement

MA: FALL RIVER HSG AUTHORITY ...... 85 MORGAN ST., P.O. BOX 989, FALL RIVER, MA 0 5,600 02722. MA: ATTLEBORO HSG AUTHORITY ...... 37 CARLON ST., ATTLEBORO, MA 02703 ...... 0 20,000 MA: COMM DEV PROG COMM OF MA. E.O.C.D. .... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 0 22,400 NY: H AUTHORITY OF NORTH SYRACUSE ...... 201–205A, NORTH SYRACUSE, NY 13212 ...... 0 2,400

Total for Special Fees—Relocation—Rent Sup- ...... 0 50,400 plement.

Total for Special Fees for TPVs ...... 0 2,859,600

Public Housing and Mod Rehab Replacements TPVs

Mod Rehab Replacements

CA: COUNTY OF SAN MATEO HSG AUTH ...... 264 HARBOR BLVD., BLDG. A, BELMONT, CA 130 1,607,674 94002. CA: SAN DIEGO HOUSING COMMISSION ...... 1122 BROADWAY, SUITE 300, SAN DIEGO, CA 10 101,198 92101. DC: D.C HOUSING AUTHORITY ...... 1133 NORTH CAPITOL STREET NE., WASH- 2 12,656 INGTON, DC 20002.

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

FL: MIAMI DADE HOUSING AUTHORITY ...... 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 67 621,524 33136. MD: H AUTHORITY OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 33 282,645 21201. MD: MARYLAND DEPT OF HSG & COMMUNITY ..... 100 COMMUNITY PLACE, CROWNSVILLE, MD 1 7,729 21032. MO: ST. LOUIS COUNTY HOUSING AUTHORITY .... 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 ...... 7 44,101 MT: MT DEPARTMENT OF COMMERCE ...... P.O.B. 200545, 301 S. PARK, HELENA, MT 59620 ... 8 39,612 ND: RAMSEY COUNTY HOUSING AUTHORITY ...... BOX 691, DEVILS LAKE, ND 58301 ...... 5 19,165 NJ: NEW JERSEY DEP OF COMMUNITY AFFAIRS 101 SOUTH BROAD STREET, POST OFFICE BOX 95 939,096 051, TRENTON, NJ 08625. NY: THE CITY OF NEW YORK ...... 100 GOLD STREET, ROOM 501, NEW YORK, NY 62 729,291 10038. NY: CITY OF BUFFALO C/O RENTAL ASST CORP 470 FRANKLIN ST., BUFFALO, NY 14202 ...... 2 9,739 PA: WESTMORELAND COUNTY HSG AUTH ...... R.D. #6, BOX 223, SOUTH GREENGATE RD., 1 5,474 GREENSBURG, PA 15601. TN: HSG DEV AGENCY ELIZABETHTON ...... P.O. BOX 637, ELIZABETHTON, TN 37644 ...... 9 38,292 UT: HA OF CITY OF OGDEN ...... 1100 GRANT AVE., OGDEN, UT 84404 ...... 14 74,011 UT: HOUSING AUTHORITY OF SALT LAKE CITY .... 1776 SW. TEMPLE, SALT LAKE CITY, UT 84115 ..... 30 209,632

Total for Mod Rehab Replacements ...... 476 4,741,839

Mod Rehab Replacements (RAD)

MA: COMM DEV PROG COMM OF MA. E.O.C.D ..... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 81 655,776 MA: COMM DEV PROG COMM OF MA. E.O.C.D ..... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 94 259,361

Total for Mod Rehab Replacements for RAD ...... 175 915,137

MTW Relocation/Replacement

CO: BOULDER CITY HSG AUTH ...... 4800 BROADWAY, BOULDER, CO 80304 ...... 95 337,479 GA: HA COLUMBUS GA GEN FUND ACCT CONSL P.O. BOX 630, COLUMBUS, GA 31902 ...... 340 953,227 MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 297 574,672 02139. WA: SEATTLE HOUSING AUTHORITY ...... 120 SIXTH AVENUE NORTH P.O. BOX 19028, SE- 109 5 ATTLE, WA 98109.

Total for MTW Relocation/Replacement ...... 841 1,865,383

Relocation—Sunset

CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 16 61,772

Total for Relocation—Sunset ...... 16 61,772

Replacement

CA: CITY OF RICHMOND HSG AUTH ...... 330 24TH ST., RICHMOND, CA 94808 ...... 101 885,274 CO: AURORA HOUSING AUTHORITY ...... 10745 E KENTUCKY AVENUE, AURORA, CO 80012 65 256,170 CT: BRIDGEPORT HOUSING AUTHORITY ...... 150 HIGHLAND AVENUE, BRIDGEPORT, CT 06604 225 1,001,242 CT: MERIDEN HOUSING AUTHORITY ...... 22 CHURCH STREET, MERIDEN, CT 06450 ...... 23 57,316 CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 38 130,583 FL: HA WEST PALM BEACH GENERAL FUND ...... 1715 DIVISION AVENUE, WEST PALM BEACH, FL 49 294,826 33407. IN: GARY HA ...... 578 BROADWAY, GARY, IN 46402 ...... 45 52,340 MN: METROPOLITAN COUNCIL HRA ...... 390 ROBERT STREET NORTH, ST. PAUL, MN 98 196,421 55101. NJ: CAMDEN HOUSING AUTHORITY ...... 1300 ADMIRAL WILSON BLVD. P.O. BOX 1426, 33 286,775 CAMDEN, NJ 08101. NY: THE MUNI HOUSING AUTHORITY CITY OF ..... 1511 CENTRAL PARK AVE., P.O. BOX 35, YON- 35 284,571 KERS, NY 10710. NY: HA OF NEW ROCHELLE ...... 50 SICKLES AVENUE, NEW ROCHELLE, NY 10801 52 378,957 TN: HA MURFREESBORO ...... 415 NORTH MAPLE STREET, MURFREESBORO, 110 181,676 TN 37130. VA: BRISTOL REDEVELOPMENT & HA ...... 809 EDMOND STREET, BRISTOL, VA 24201 ...... 39 66,673 WA: HSG AUTHORITY OF SNOHOMISH COUNTY .. 12625 4TH AVE. W. SUITE 200, EVERETT, WA 209 608,956 98204.

Total for Replacement ...... 1,122 4,681,780

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

TPVs—HOPE VI

CO: HSG AUT OF THE CITY AND COUNTY OF ...... 777 GRANT STREET, DENVER, CO 80203 ...... 23 94,450

Total for TPVs—HOPE VI ...... 23 94,450

Witness Relocation Assistance

CT: MILFORD REDE & HOUSING PARTNERSHIP ... 75 DEMAIO DRIVE, P.O. BOX 291, MILFORD, CT 1 17,070 06460.

Total for Witness Relocation Assistance ...... 1 17,070

Total for Public Housing TPVs ...... 2,654 12,377,431

Multifamily Housing TPVs

Certain At-Risk Households Low Vacancy

CA: CITY OF ANAHEIM HOUSING AUTHORITY ...... 201 S. ANAHEIM BLVD., STE. 200, ANAHEIM, CA 128 934,287 92805. CT: CONNECTICUT DEPT OF HOUSING ...... 505 HUDSON STREET, HARTFORD, CT 06106 ...... 0 103,348 FL: MIAMI DADE HOUSING AUTHORITY ...... 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 0 132,708 33136. MA: PLYMOUTH HOUSING AUTHORITY ...... P.O.B. 3537, PLYMOUTH, MA 02361 ...... 42 246,590 MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 67 313,035 MN: ST PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 11 71,773 55102. MO: ST. LOUIS COUNTY HOUSING AUTHORITY .... 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 ...... 186 585,911

Total for Certain At-Risk Households Low Va- ...... 434 2,387,652 cancy.

New Housing Conversion Rent Supplement

MA: FALL RIVER HSG AUTHORITY ...... 85 MORGAN ST., P.O. BOX 989, FALL RIVER, MA 28 96,303 02722. MA: ATTLEBORO HSG AUTHORITY ...... 37 CARLON ST., ATTLEBORO, MA 02703 ...... 100 757,125 MA: COMM DEV PROG COMM OF MA. E.O.C.D ..... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 112 741,888 NY: HSG AUTHORITY OF NORTH SYRACUSE ...... 201 SOUTH MAIN STREET, SUITE 205A, NORTH 12 42,047 SYRACUSE, NY 13212.

Total for New Housing Conversion Rent Supple- ...... 252 1,637,363 ment.

Prepayment—RAD

IL: HOUSING AUTHORITY OF JOLIET ...... 6 SOUTH BROADWAY STREET, JOLIET, IL 60436 .. 176 1,474,729 IL: MENARD COUNTY HOUSING AUTHORITY ...... 101 W. SHERIDAN ROAD, PETERSBURG, IL 62675 78 228,815 IL: KANKAKEE COUNTY HOUSING AUTHORITY ..... 185 NORTH ST. JOSEPH AVENUE, KANKAKEE, IL 119 352,488 60901. IL: WINNEBAGO COUNTY HSG AUTHORITY ...... 3617 DELAWARE STREET, ROCKFORD, IL 61102 .. 111 338,642 IL: AURORA HOUSING AUTHORITY ...... 1630 WEST PLUM STREET, AURORA, IL 60506 ...... 510 2,348,397 MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 313 2,469,645 02139. MA: WORCESTER HOUSING AUTHORITY ...... 40 BELMONT STREET, WORCESTER, MA 01605 ... 1,154 8,192,477 MA: BROOKLINE HOUSING AUTHORITY ...... 90 LONGWOOD AVE., BROOKLINE, MA 02146 ...... 100 1,075,404 MA: SALEM HOUSING AUTHORITY ...... 27 CHARTER STREET, SALEM, MA 01970 ...... 250 2,589,090 MD: BALTIMORE CO. HSG OFFICE ...... 6401 YORK ROAD, 1ST FLOOR, BALTIMORE, MD 182 1,725,513 21212. MI: MICHIGAN STATE HSG. DEV. AUTH...... P.O. BOX 30044, LANSING, MI 48909 ...... 265 1,650,833 NJ: JERSEY CITY HOUSING AUTHORITY ...... 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 195 775,564 NJ: MIDDLETOWN HOUSING AUTHORITY ...... 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 82 439,489 07748. NJ: NEW JERSEY DEP OF COMM AFFAIRS ...... 101 SOUTH BROAD STREET, POST OFFICE BOX 125 1,029,525 051, TRENTON, NJ 08625. NY: HA OF ROCHESTER ...... 675 WEST MAIN STREET, ROCHESTER, NY 14611 281 378,988 NY: THE CITY OF NEW YORK ...... 100 GOLD STREET, ROOM 501, NEW YORK, NY 525 3,193,344 10038. NY: CITY OF POUGHKEEPSIE MUNICIPAL BLDG ... MEMORIAL SQUARE, P.O. BOX 300, POUGH- 136 497,556 KEEPSIE, NY 12602. NY: NYS HSG TRUST FUND CORPORATION ...... 38–40 STATE STREET, ALBANY, NY 12207 ...... 1,163 5,297,303

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

VA: FAIRFAX CO RED AND HNG AUTHORITY ...... 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 108 706,761 22030. VA: ARLINGTON CO DEPT OF HUMAN ...... 2100 WASHINGTON BLVD., ARLINGTON, VA 22204 42 244,115 WI: RACINE COUNTY HA ...... 837 MAIN STREET, RACINE, WI 53403 ...... 78 195,460 WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 71 175,534 OPMENT AUTHORITY.

Total for Prepayment—RAD ...... 6,064 35,379,672

Pre-Payment Vouchers

AR: FORT SMITH ...... 2100 NORTH 31ST STREET, FORT SMITH, AR 65 211,571 72904. CA: SAN FRANCISCO HSG AUTH ...... 1815 EGBERT AVE., SAN FRANCISCO, CA 94124 .. 156 2,345,728 CA: OAKLAND HOUSING AUTHORITY ...... 1619 HARRISON ST., OAKLAND, CA 94612 ...... 44 296,992 CA: TULARE COUNTY HOUSING AUTH ...... 5140 W. CYPRESS AVE., P.O. BOX 791, VISALIA, 12 79,173 CA 93279. CA: CITY OF LONG BEACH HSG AUTH ...... 521 E. 4TH STREET, LONG BEACH, CA 90802 ...... 293 1,730,101 CA: CITY OF SANTA MONICA ...... 1901 MAIN ST., STE. A, SANTA MONICA, CA 90405 75 308,892 CO: LOVELAND HOUSING AUTHORITY ...... 375 W. 37TH ST, #200, LOVELAND, CO 80538 ...... 71 290,894 IL: CHICAGO HOUSING AUTHORITY ...... 60 EAST VAN BUREN ST, 11TH FLOOR, CHICAGO, 229 1,204,777 IL 60605. IL: HOUSING AUTHORITY OF COOK COUNTY ...... 175 WEST JACKSON BOULEVARD, SUITE 350, 24 119,522 CHICAGO, IL 60604. IL: ELGIN HA ...... 120 SOUTH STATE STREET, ELGIN, IL 60123 ...... 7 44,685 IL: DUPAGE COUNTY HOUSING AUTHORITY ...... 711 EAST ROOSEVELT ROAD, WHEATON, IL 42 268,239 60187. IN: EAST CHICAGO HA ...... 4920 LARKSPUR DR, P.O. BOX 498, EAST CHI- 3 13,466 CAGO, IN 46312. KY: LEXINGTON FAYETTE URBAN COUNTY ...... 300 NEW CIRCLE ROAD, LEXINGTON, KY 40505 ... 40 132,538 KY: PADUCAH HOUSING AUTHORITY ...... 300 SOUTH FIFTH STREET, POST OFFICE BOX 42 159,934 2267, PADUCAH, KY 42002. MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 300 2,878,623 02139. MA: QUINCY HOUSING AUTHORITY ...... 80 CLAY STREET, QUINCY, MA 02170 ...... 335 2,399,784 MA: BROOKLINE HOUSING AUTHORITY ...... 90 LONGWOOD AVE., BROOKLINE, MA 02146 ...... 207 4,250,695 MD: HSG AUTHORITY OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 48 205,560 21201. MN: ST PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 20 38,974 55102. MS: MISS REG H A II ...... P.O. BOX 1887, OXFORD, MS 38655 ...... 73 176,193 MT: MT DEPARTMENT OF COMMERCE ...... POB 200545 301 S. PARK, HELENA, MT 59620 ...... 30 86,134 NJ: JERSEY CITY HOUSING AUTHORITY ...... 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 305 2,162,033 NJ: LAKEWOOD HOUSING AUTHORITY ...... 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 .... 72 568,774 NY: TOWN OF AMHERST C/O BELMONT HSG RE- 1195 MAIN STREET, BUFFALO, NY 14209 ...... 246 837,711 SOURCES. NY: THE CITY OF NEW YORK ...... 100 GOLD STREET, ROOM 501, NEW YORK, NY 300 882,207 10038. OH: TRUMBULL MHA ...... 4076 YOUNGSTOWN ROAD SE., WARREN, OH 66 155,470 44484. OH: LORAIN MHA ...... 1600 KANSAS AVENUE, LORAIN, OH 44052 ...... 32 193,920 OH: MEDINA MHA ...... 850 WALTER ROAD, MEDINA, OH 44256 ...... 53 135,996 PA: ALLEGHENY COUNTY HSG AUTHORITY ...... 625 STANWIX ST., 12TH FLOOR, PITTSBURGH, PA 0 29,164 15222. PA: HOUSING AUTH CO OF LAWRENCE ...... 481 NESHANNOCK AVE., P.O. BOX 988, NEW 1 1,931 CASTLE, PA 16103. PA: FRANKLIN CITY HOUSING AUTHORITY ...... 1212 CHESTNUT STREET, FRANKLIN, PA 16323 ... 24 44,437 VA: NEWPORT NEWS REDEVELOPMENT & HA ..... P.O. BOX 797, NEWPORT NEWS, VA 23607 ...... 93 290,244 VA: ROANOKE REDEVELOPMENT & H/A ...... P.O. BOX 6359 2624 SALEM TRNPK. NW., ROA- 0 142,587 NOKE, VA 24017. WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 15 69,754 OPMENT AUTHORITY.

Total for Pre-payment Vouchers ...... 3,323 22,756,703

RAD—Conversion Assistance

NJ: PATERSON HOUSING AUTHORITY ...... 60 VAN HOUTEN STREET, PATERSON, NJ 07505 .. 308 1,971,015 NJ: NEW JERSEY DEP OF COMM AFFAIRS ...... 101 SOUTH BROAD STREET POST OFFICE BOX 153 882,097 051, TRENTON, NJ 08625.

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

Total for RAD—Conversion Assistance ...... 461 2,853,112

Rent Supplement—RAD

CA: CITY OF LONG BEACH HSG AUTH ...... 521 E. 4TH STREET, LONG BEACH, CA 90802 ...... 139 1,474,829 IL: DECATUR HOUSING AUTHORITY ...... 1808 EAST LOCUST STREET, DECATUR, IL 62521 109 275,733 LA: SHREVEPORT HSG AUTHORITY ...... 2500 LINE AVENUE, SHREVEPORT, LA 71104 ...... 18 84,097 MA: COMM DEV PROG COMM OF MA. E.O.C.D ..... 100 CAMBRIDGE STREET, BOSTON, MA 02114 ..... 314 1,386,624 NJ: NEWARK HOUSING AUTHORITY ...... 500 BROAD STREET, NEWARK, NJ 07102 ...... 93 777,699 NJ: JERSEY CITY HOUSING AUTHORITY ...... 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 99 477,511 NJ: PATERSON HOUSING AUTHORITY ...... 60 VAN HOUTEN STREET, PATERSON, NJ 07505 .. 170 1,680,149 NJ: RAHWAY HOUSING AUTHORITY ...... 165 GRAND AVENUE, RAHWAY, NJ 07065 ...... 19 84,116 NJ: LAKEWOOD HOUSING AUTHORITY ...... 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 .... 24 166,887 NJ: NEW JERSEY DEP OF COMM AFFAIRS ...... 101 SOUTH BROAD STREET, POST OFFICE BOX 441 2,179,298 051, TRENTON, NJ 08625. NY: ALBANY HOUSING AUTHORITY ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 124 190,869 NY: NYS HSG TRUST FUND CORPORATION ...... 38–40 STATE STREET, ALBANY, NY 12207 ...... 0 520,418

Total for Rent Supplement—RAD ...... 1,550 9,298,230

Termination/Opt-out Vouchers

AR: MISSISSIPPI COUNTY PUBLIC FACI BOARD ... 810 WEST KEISER, OSCEOLA, AR 72370 ...... 8 22,543 CA: COUNTY OF SAN BERNARDINO HSG AUTH ... 715 E. BRIER DRIVE, SAN BERNARDINO, CA 30 82,057 92408. CA: CITY OF POMONA ...... 505 S. GAREY AVENUE, P.O. BOX 660, POMONA, 5 38,230 CA 91769. CA: CITY OF OCEANSIDE COMM ...... 300 NORTH COAST HIGH NEVADA STREET 11 85,183 ANNEX, OCEANSIDE, CA 92054. CO: HSG AUTH OF THE CITY AND COUNTY OF .... 777 GRANT STREET, DENVER, CO 80203 ...... 0 445,804 CT: WATERBURY HOUSING AUTHORITY ...... 2 LAKEWOOD ROAD, WATERBURY, CT 06704 ...... 12 88,275 CT: CONNECTICUT DEPT OF HOUSING ...... 505 HUDSON STREET, HARTFORD, CT 06106 ...... 28 89,621 DC: D.C. HOUSING AUTHORITY ...... 1133 NORTH CAPITOL STREET NE., WASH- 291 457,775 INGTON, DC 20002. FL: HA TAMPA ...... 1514 UNION ST., P.O. BOX 4766, TAMPA, FL 33607 52 219,299 FL: MIAMI DADE HOUSING AUTHORITY ...... 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 4 24,834 33136. FL: ORANGE CO SECTION 8 ...... 525 EAST SOUTH STREET, P.O. BOX 38, OR- 18 92,966 LANDO, FL 32801. GA: HA MACON ...... P.O. BOX 4928, 2015 FELTON AVENUE, MACON, 112 611,762 GA 31208. IA: SOUTHERN IOWA REG HSG AUTHORITY ...... 219 N. PINE, CRESTON, IA 50801 ...... 32 63,433 ID: IDAHO HSG AND FINANCE ASSOCIATION ...... 565 W. MYRTLE STREET, P.O. BOX 7899, BOISE, 0 14,016 ID 83707. KS: KANSAS CITY HOUSING AUTHORITY ...... 1124 NORTH NINTH STREET, KANSAS CITY, KS 108 502,728 66101. MD: HSG AUTHORITY OF BALTIMORE CITY ...... 417 EAST FAYETTE STREET, BALTIMORE, MD 38 135,613 21201. MD: HSG AUTH PRINCE GEORGE’S COUNTY ...... 9200 BASIL COURT, 5TH FLOOR, LARGO, MD 29 342,441 20774. MD: HOWARD COUNTY HOUSING COMMISSION .. 6751 COLUMBIA GATEWAY DRIVE, 3RD FLOOR, 61 395,964 COLUMBIA, MD 21046. MN: METROPOLITAN COUNCIL HRA ...... 390 ROBERT STREET NORTH, ST. PAUL, MN 48 352,757 55101. NC: GREENSBORO HOUSING AUTHORITY ...... P.O. BOX 21287, GREENSBORO, NC 27420 ...... 0 8,676 ND: STUTSMAN COUNTY HOUSING AUTHORITY .. 217 1ST AVENUE N., JAMESTOWN, ND 58401 ...... 3 5,894 ND: HOUSING AUTHORITY OF FOSTER COUNTY 55 16TH AVE. SOUTH, CARRINGTON, ND 58421 .... 21 26,980 ND: MCHENRY/PIERCE COUNTY HSG AUTH ...... C/O MINOT HOUSING AUTH, 108 BURDICK EX- 7 27,559 PRESSWAY, MINOT, ND 58701. NH: KEENE HOUSING AUTHORITY ...... 831 COURT STREET, KEENE, NH 03431 ...... 18 95,070 NM: BERNALILLO COUNTY HSG DEPT ...... 1900 BRIDGE BLVD. SW., ALBUQUERQUE, NM 40 227,990 87105. OH: HENRY MHA ...... 1044 CHELSEA AVE., NAPOLEON, OH 43545 ...... 30 17,209 OK: OKLAHOMA HOUSING FINANCE AGENCY ...... P.O. BOX 26720 100 NW., 63RD ST., SUITE 200, 96 270,346 OKLAHOMA CITY, OK 73126. PA: ALLENTOWN HOUSING AUTHORITY ...... 1339 ALLEN STREET, ALLENTOWN, PA 18102 ...... 20 48,031 PA: JOHNSTOWN HOUSING AUTHORITY ...... 501 CHESTNUT ST., P.O. BOX 419, JOHNSTOWN, 18 26,022 PA 15907. RQ: PUERTO RICO HOUSING FINANCE CORP ...... CALL BOX 71361—GPO, SAN JUAN, PR 00936 ...... 76 235,726 SC: CITY OF SPARTANBURG H/A ...... P.O. BOX 2828, SPARTANBURG, SC 29304 ...... 20 51,437 TN: MEMPHIS HOUSING AUTHORITY ...... P.O. BOX 3664, MEMPHIS, TN 38103 ...... 22 94,340

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SECTION 8 RENTAL ASSISTANCE PROGRAMS (TPV) ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2015—Continued

Housing agency Address Units Award

TN: METRO DEVELOPMNT & HSG AGNCY ...... 701 SOUTH SIXTH STREET, P.O. BOX 846, NASH- 110 494,386 VILLE, TN 37202. TX: HOUSING AUTHORITY OF EL PASO ...... 5300 PAISANO, EL PASO, TX 79905 ...... 6 21,468 TX: CORPUS CHRISTI HOUSING AUTHORITY ...... 3701 AYERS STREET, CORPUS CHRISTI, TX 66 230,750 78415. TX: HOUSING AUTHORITY OF WACO ...... 4400 COBBS DRIVE, WACO, TX 76703 ...... 96 382,080 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045 201 NW. 2ND. ST., SUITE 150, 85 398,977 GRAND PRAIRIE, TX 75053. WA: SEATTLE HOUSING AUTHORITY ...... 120 SIXTH AVENUE NORTH, P.O. BOX 19028, SE- 0 30,062 ATTLE, WA 98109. WA: KING COUNTY HOUSING AUTHORITY ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 40 35,366 WA: HSG AUTHORITY OF SNOHOMISH COUNTY .. 12625 4TH AVE. W., SUITE 200, EVERETT, WA 44 194,185 98204. WI: DUNN COUNTY HA ...... 1421 STOUT ROAD, MENOMONIE, WI 54751 ...... 6 11,753 WI: WISCONSIN HOUSING & ECONOMIC DEVEL- P.O. BOX 1728, MADISON, WI 53701 ...... 5 14,422 OPMENT AUTHORITY. WV: PARKERSBURG HOUSING AUTHORITY ...... 1901 CAMERON AVENUE, PARKERSBURG, WV 25 37,045 26101. WV: JACKSON HOUSING AUTHORITY ...... WHISPERING WAY—TANGLEWOOD VILL, RIPLEY, 3 5,053 WV 25271. WY: HSG AUT OF THE CITY OF CHEYENNE ...... 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 9 26,987

Total for Termination/Opt-out Vouchers ...... 1,753 7,083,115

Total for Multifamily Housing TPVs ...... 13,837 81,395,847

CPD TPVs SRO—Relocation/Replacement

ND: BURLEIGH COUNTY HOUSING AUTHORITY .... 410 SOUTH 2ND STREET, BISMARCK, ND 58504 ... 23 104,013 OH: CUYAHOGA MHA ...... 8120 KINSMAN ROAD, CLEVELAND, OH 44104 ...... 1 6,427

Total for SRO—Relocation/Replacement ...... 24 110,440

Total for CPD TPVs ...... 24 110,440

Grand Total ...... 16,515 96,743,318

[FR Doc. 2016–07070 Filed 3–28–16; 8:45 am] DATES: Comments Due Date: May 31, number). Persons with hearing or BILLING CODE 4210–67–P 2016. speech impairments may access this number via TTY by calling the Federal ADDRESSES: Interested persons are Information Relay Service at (800) 877– DEPARTMENT OF HOUSING AND invited to submit comments regarding 8339. Copies of available documents URBAN DEVELOPMENT this proposal. Comments should refer to submitted to OMB may be obtained the proposal by name and/or OMB from Ms. Mussington. Control Number and should be sent to: This [Docket No. FR–5916–N–07] Colette Pollard, Reports Management SUPPLEMENTARY INFORMATION: notice informs the public that HUD is Officer, QDAM, Department of Housing 60-Day Notice of Proposed Information seeking approval from OMB for the and Urban Development, 451 7th Street Collection: Public Housing Reform information collection described in SW., Room 4176, Washington, DC Act: Changes to Admission and Section A. Occupancy Requirements 20410–5000; telephone 202–402–3400 (this is not a toll-free number) or email A. Overview of Information Collection AGENCY: Office of the Assistant at [email protected] for a copy of Title of Information Collection: Public Secretary for Public and Indian the proposed forms or other available Housing Reform Act: Changes to Housing, PIH, HUD. information. Persons with hearing or Admission and Occupancy speech impairments may access this ACTION: Notice. Requirements. number through TTY by calling the toll- OMB Approval Number: 2577–0230. free Federal Relay Service at (800) 877– HUD is seeking approval from Type of Request: Revision of currently SUMMARY: 8339. the Office of Management and Budget approved collection. (OMB) for the information collection FOR FURTHER INFORMATION CONTACT: Form Number: N/A. described below. In accordance with the Arlette Mussington, Office of Policy, Description of the need for the Paperwork Reduction Act, HUD is Programs and Legislative Initiatives, information and proposed use: requesting comment from all interested PIH, Department of Housing and Urban The purpose of this information parties on the proposed collection of Development, 451 7th Street SW., collection submission is to implement information. The purpose of this notice (L’Enfant Plaza, Room 2206), the requirement that public housing is to allow for 60 days of public Washington, DC 20410; telephone 202– agencies have available upon request, comment. 402–4109, (this is not a toll-free their respective admission and

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occupancy policies for both the public parties concerning the collection of SW., Room 4176, Washington, DC and the Department of Housing and information described in Section A on 20410–5000; telephone 202–402–3400 Urban Development. Public housing the following: (this is not a toll-free number) or email authorities must have on hand and (1) Whether the proposed collection at [email protected] for a copy of available for inspection policies related of information is necessary for the the proposed forms or other available to admission and continued occupancy, proper performance of the functions of information. Persons with hearing or so as to respond to inquiries from the agency, including whether the speech impairments may access this tenants, legal-aid services, HUD, and information will have practical utility; number through TTY by calling the toll- other interested parties informally or (2) The accuracy of the agency’s free Federal Relay Service at (800) 877– through the Freedom of Information estimate of the burden of the proposed 8339. Act. Written documentation of policies collection of information; FOR FURTHER INFORMATION CONTACT: relating to public housing and Section 8 (3) Ways to enhance the quality, Arlette Mussington, Office of Policy, assistance programs implemented under utility, and clarity of the information to Programs and Legislative Initiatives, the Quality Housing and Work be collected; and PIH, Department of Housing and Urban Responsibility Act of 1998, such as (4) Ways to minimize the burden of Development, 451 7th Street SW., eligibility for admission and continued the collection of information on those (L’Enfant Plaza, Room 2206), occupancy, local preferences, and rent who are to respond; including through Washington, DC 20410; telephone 202– determination, must be maintained and the use of appropriate automated 402–4109, (this is not a toll-free made available by public housing collection techniques or other forms of number). Persons with hearing or authorities. information technology, e.g., permitting speech impairments may access this The collection of information electronic submission of responses. number via TTY by calling the Federal implements changes to the admission HUD encourages interested parties to Information Relay Service at (800) 877– and occupancy requirements for the submit comment in response to these 8339. Copies of available documents public housing and Section 8 assisted questions. submitted to OMB may be obtained housing programs made by the Quality Authority: Section 3507 of the Paperwork from Ms. Mussington. Housing and Work Responsibility Reduction Act of 1995, 44 U.S.C. Chapter 35. (QHWRA) Act 1998, (Title V of the FY SUPPLEMENTARY INFORMATION: This 1999 HUD appropriations Act, Public Dated: March 22, 2016. notice informs the public that HUD is Law 105–276, 112 Stat. 2518, approved Merrie Nichols-Dixon, seeking approval from OMB for the October 21, 1998), which amended the Deputy Director, Office of Policy, Programs information collection described in United States Housing Act of 1937. and Legislative Initiatives. Section A. QHWRA made comprehensive changes [FR Doc. 2016–07067 Filed 3–28–16; 8:45 am] A. Overview of Information Collection to HUD’s public housing, Section 8 BILLING CODE 4210–67–P programs. Some of the changes made by Title of Information Collection: the 1998 Act (i.e., QHWRA) affect public Alternative Inspections—Housing housing only and others affect the DEPARTMENT OF HOUSING AND Choice Voucher Program. Section 8 and public housing programs. URBAN DEVELOPMENT OMB Approval Number: Pending OMB approval. These changes cover choice of rent, [Docket No. FR–5916–N–06] community service and self-sufficiency Type of Request: New Collection. in public housing; and admission 60-Day Notice of Proposed Information Form Number: N/A. preferences and determination of Collection: Alternative Inspections— Description of the need for the income and rent in public housing and Housing Choice Voucher Program information and proposed use: Under Section 8 housing assistance programs. the Section 8 housing choice voucher Revisions are made to this collection AGENCY: Office of the Assistant rule, PHAs that elect to rely on an to reflect adjustments in calculations Secretary for Public and Indian alternative inspection are required to based on the total number of current, Housing, HUD. meet the requirements of subpart I of the active public housing agencies (PHAs) ACTION: Notice. rule. If the inspection method and to date. The number of active public standard selected is other than HOME housing agencies has changed from SUMMARY: HUD is seeking approval from Investment Partnerships (HOME) 4,058 to 3,946 since the last approved the Office of Management and Budget program, Low-Income Housing Tax information collection. The number of (OMB) for the information collection Credits (LIHTCs), or that performed by PHAs can fluctuate due to a number of described below. In accordance with the HUD, the PHA must submit a request to factors, including but not limited to the Paperwork Reduction Act, HUD is HUD. PHAs with approved alternative merging of two or more PHAs or the requesting comment from all interested inspection standards must monitor termination of the public housing and/ parties on the proposed collection of changes to the standards and or voucher programs. information. The purpose of this notice requirements of their method and if Respondents (i.e. affected public): is to allow for 60 days of public changes are made must submit to HUD State, Local or Tribal Government. comment. a copy of the revised standards and Estimated Number of Respondents: DATES: Comments Due Date: May 31, requirements along with a revised 3,946. 2016. comparison to HQS. Estimated Number of Responses: Respondents (i.e., affected public): 3,946. ADDRESSES: Interested persons are invited to submit comments regarding State, Local or Tribal Governments. Frequency of Response: 1. Estimated Number of Respondents: Average Hours per Response: 24. this proposal. Comments should refer to Total Estimated Burdens: 94,704. the proposal by name and/or OMB 2280. Control Number and should be sent to: Estimated Number of Responses: 33. B. Solicitation of Public Comment Colette Pollard, Reports Management Frequency of Response: 1. This notice is soliciting comments Officer, QDAM, Department of Housing Average Hours per Response: 4. from members of the public and affected and Urban Development, 451 7th Street Total Estimated Burdens: 149 hours.

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B. Solicitation of Public Comment Control Number and should be sent to: current and planned patterns of use, and This notice is soliciting comments Colette Pollard, Reports Management current and anticipated benefits of their from members of the public and affected Officer, QDAM, Department of Housing at-home high-speed Internet access. parties concerning the collection of and Urban Development, 451 7th Street Questions will emphasize educational information described in Section A on SW., Room 4176, Washington, DC Internet use such as completing the following: 20410–5000; telephone 202–402–3400 homework, connecting parents with (1) Whether the proposed collection (this is not a toll-free number) or email educators, and applying to college. In of information is necessary for the at [email protected] for a copy of addition, the focus groups will explore proper performance of the functions of the proposed forms or other available barriers to signing up for ConnectHome, the agency, including whether the information. Persons with hearing or securing devices, and using the Internet. information will have practical utility; speech impairments may access this number through TTY by calling the toll- Respondents (i.e. affected public): (2) The accuracy of the agency’s ConnectHome-eligible residents in 5 of estimate of the burden of the proposed free Federal Relay Service at (800) 877– the 28 pilot communities. collection of information; 8339. (3) Ways to enhance the quality, FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: 45 utility, and clarity of the information to Colette Pollard, Reports Management total—9 respondents each at 5 be collected; and Officer, QDAM, Department of Housing ConnectHome sites. (4) Ways to minimize the burden of and Urban Development, 451 7th Street Frequency of Response: One time. the collection of information on those SW., Washington, DC 20410; email who are to respond; including through Colette Pollard at Average Hours per Response: 1.5 the use of appropriate automated [email protected] or telephone hours. collection techniques or other forms of 202–402–3400. This is not a toll-free Total Estimated Burden: 67.5 hours. information technology, e.g., permitting number. Persons with hearing or speech Respondents’ Obligation: Voluntary. electronic submission of responses. impairments may access this number HUD encourages interested parties to through TTY by calling the toll-free B. Solicitation of Public Comment submit comment in response to these Federal Relay Service at (800) 877–8339. questions. Copies of available documents This notice solicits comments from submitted to OMB may be obtained members of the public and affected Authority: Section 3507 of the Paperwork parties concerning the collection of Reduction Act of 1995, 44 U.S.C. Chapter 35. from Ms. Pollard. information described in Section A on SUPPLEMENTARY INFORMATION: This Dated: March 22, 2016. the following: Merrie Nichols-Dixon, notice informs the public that HUD is seeking approval from OMB for the (1) Whether the proposed collection Deputy Director, Office of Policy, Programs of information is necessary for the and Legislative Initiatives. information collection described in Section A. proper performance of the functions of [FR Doc. 2016–07068 Filed 3–28–16; 8:45 am] the agency, including whether the A. Overview of Information Collection BILLING CODE 4210–67–P information will have practical utility; Title of Information Collection: (2) The accuracy of the agency’s ConnectHome Use and Barriers Focus estimate of the burden of the proposed DEPARTMENT OF HOUSING AND Groups. URBAN DEVELOPMENT OMB Approval Number: Pending. collection of information; [Docket No. FR–5915–N–02] Type of Request: New. (3) Ways to enhance the quality, Form Number: Focus groups. utility, and clarity of the information to 60 Day Notice of Proposed Information Description of the need for the be collected; and Collection for Public Comment on the: information and proposed use: (4) Ways to minimize the burden of ConnectHome Use and Barriers Focus President Barack Obama and HUD the collection of information on those Groups ´ Secretary Julian Castro announced who are to respond, including through ConnectHome on July 15, 2015, as the AGENCY: Office of Policy Development the use of appropriate automated next step in the Obama Administration’s and Research, HUD. collection techniques or other forms of efforts to increase access to high-speed information technology, e.g., permitting ACTION: Notice of proposed information Internet access for all Americans. collection. Through public-private partnerships, electronic submission of responses. HUD encourages interested parties to SUMMARY: HUD is seeking approval from nonprofit organizations, businesses, and the Office of Management and Budget Internet service providers (ISPs), submit comment in response to these (OMB) for the information collection ConnectHome will offer high-speed questions. described below. In accordance with the Internet service, devices, technical Authority: Section 3507 of the Paperwork Paperwork Reduction Act, HUD is training, and digital literacy programs to Reduction Act of 1995, 44 U.S.C. Chapter 35. requesting comment from all interested residents of HUD-assisted housing in 28 Dated: March 22, 2016. parties on the proposed collection of pilot communities, including the information. The purpose of this notice Choctaw Nation of Oklahoma. Katherine M. O’Regan, is to allow for 60 days of public As communities begin to implement Assistant Secretary, Office of Policy comment. ConnectHome in 2016 and connect Development and Research. residents to Internet access within their [FR Doc. 2016–07063 Filed 3–28–16; 8:45 am] DATES: Comments Due Date: May 31, homes, these focus groups will BILLING CODE 4210–67–P 2016. illuminate how families are taking ADDRESSES: Interested persons are advantage of ConnectHome as well as invited to submit comments regarding barriers they may encounter. The focus this proposal. Comments should refer to groups will explore ConnectHome the proposal by name and/or OMB subscribers’ previous broadband access,

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DEPARTMENT OF HOUSING AND operating budget and related form are Dated: March 23, 2016. URBAN DEVELOPMENT submitted by PHAs for the low-income Colette Pollard, housing program. The operating budget Department Reports Management Officer, [Docket No. FR–5909–N–20] provides a summary of proposed budget Office of the Chief Information Officer. 30-Day Notice of Proposed Information receipts and expenditures by major [FR Doc. 2016–07066 Filed 3–28–16; 8:45 am] category, as well as blocks for indicating Collection: Public Housing Operating BILLING CODE 4210–67–P Fund Program: Operating Budget and approval of budget receipts and Related Form expenditures by the PHAs and HUD. The related form provides a record of DEPARTMENT OF HOUSING AND AGENCY: Office of the Chief Information PHA Board approval of how the amount URBAN DEVELOPMENT Officer, HUD. shown on the operating budget were Notice. ACTION: derived, as well as the justification of [Docket No. FR–5909–N–23] certain specified amounts. The HUD has submitted the SUMMARY: information is reviewed by HUD to proposed information collection 30-Day Notice of Proposed Information determine if the plan of operation requirement described below to the Collection: Evaluation of the Jobs Plus adopted by the PHAs and amounts Office of Management and Budget Pilot Program included therein are reasonable for the (OMB) for review, in accordance with efficient and economical operation of AGENCY: Office of the Chief Information the Paperwork Reduction Act. The the development(s), and the PHAs are in Officer, HUD. purpose of this notice is to allow for an compliance with HUD’s procedures to additional 30 days of public comment. ACTION: Notice. assure that sound management practices Comments Due Date: April 28, DATES: will be followed in the operation of the HUD has submitted the 2016. SUMMARY: development. PHAs are still required to proposed information collection ADDRESSES: Interested persons are prepare their operating budgets and requirement described below to the invited to submit comments regarding submit them to their Board for approval Office of Management and Budget this proposal. Comments should refer to prior to their operating subsidy being (OMB) for review, in accordance with the proposal by name and/or OMB approved by HUD. The operating the Paperwork Reduction Act. The Control Number and should be sent to: budgets must be kept on file for review, purpose of this notice is to allow for an HUD Desk Officer, Office of if requested. additional 30 days of public comment. Management and Budget, New Respondents (i.e. affected public): Executive Office Building, Washington, DATES: Comments Due Date: April 28, State, Local or Tribal Government. 2016. DC 20503; fax: 202–395–5806. Email: Estimated Number of Respondents: [email protected] 3,041. ADDRESSES: Interested persons are FOR FURTHER INFORMATION CONTACT: Estimated Number of Responses: invited to submit comments regarding Colette Pollard, Reports Management 3,041. this proposal. Comments should refer to Officer, QMAC, Department of Housing Frequency of Response: 1. the proposal by name and/or OMB and Urban Development, 451 7th Street Average Hours per Response: .17. Control Number and should be sent to: SW., Washington, DC 20410; email Total Estimated Burdens: 517. HUD Desk Officer, Office of Colette Pollard at Colette.Pollard@ Management and Budget, New hud.gov or telephone 202–402–3400. B. Solicitation of Public Comment Executive Office Building, Washington, This is not a toll-free number. Persons This notice is soliciting comments DC 20503; fax: 202–395–5806. Email: with hearing or speech impairments from members of the public and affected [email protected] may access this number through TTY by parties concerning the collection of calling the toll-free Federal Relay information described in Section A on FOR FURTHER INFORMATION CONTACT: Service at (800) 877–8339. the following: Colette Pollard, Reports Management Copies of available documents (1) Whether the proposed collection Officer, QMAC, Department of Housing submitted to OMB may be obtained of information is necessary for the and Urban Development, 451 7th Street from Ms. Pollard. proper performance of the functions of SW., Washington, DC 20410; email Colette Pollard at SUPPLEMENTARY INFORMATION: This the agency, including whether the notice informs the public that HUD is information will have practical utility; [email protected] or telephone seeking approval from OMB for the (2) The accuracy of the agency’s 202–402–3400. This is not a toll-free information collection described in estimate of the burden of the proposed number. Persons with hearing or speech Section A. collection of information; impairments may access this number The Federal Register notice that (3) Ways to enhance the quality, through TTY by calling the toll-free solicited public comment on the utility, and clarity of the information to Federal Relay Service at (800) 877–8339. information collection for a period of 60 be collected; and Copies of available documents days was published on January 6, 2016 (4) Ways to minimize the burden of submitted to OMB may be obtained at 81 FR 510. the collection of information on those from Ms. Pollard. A. Overview of Information Collection who are to respond; including through SUPPLEMENTARY INFORMATION: This the use of appropriate automated notice informs the public that HUD is Title of Information Collection: Public collection techniques or other forms of seeking approval from OMB for the Housing Operating Fund Program: information technology, e.g., permitting information collection described in Operating Budget and Related Form. OMB Approval Number: 2577–0026. electronic submission of responses. Section A. Type of Request: Extension of a HUD encourages interested parties to The Federal Register notice that currently approved collection. submit comment in response to these solicited public comment on the Form Number: HUD–52574. questions. information collection for a period of 60 Description of the need for the Authority: Section 3507 of the Paperwork days was published on December 28, information and proposed use: The Reduction Act of 1995, 44 U.S.C. Chapter 35. 2015 at 80 FR 80790.

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A. Overview of Information Collection growth in earned income among each grantee; describing the extent to Title of Information Collection: residents at sites that fully implemented which grantees are successful at Evaluation of the Jobs Plus Pilot the program. This current generation of engaging a high percentage of residents Program. the Jobs Plus program, however, will in some aspect of program participation; OMB Approval Number: 2528-New. differ from the Jobs Plus demonstration documenting the ease with which PHAs Type of Request: New collection. in some important ways—first, the implemented the JPEID; and Form Number: None. current iteration of the program will documenting the costs of implementing Description of the need for the benefit from a more robust financial and operating the Jobs Plus program. information and proposed use: HUD’s incentive, and second, the program will Data to be analyzed during the 2014 Appropriations included funding be implemented almost twenty years evaluation include administrative data, to support the implementation of the after the initial demonstration, in a very as well as data collected directly from Jobs Plus Pilot Program, a place-based different employment market. Because PHAs, Jobs Plus program administrators, program designed to increase work and of these important variations, HUD is partners and staff, as well as residents earnings among public housing supporting an evaluation of the Jobs of developments where Jobs Plus is residents. Nine public housing agencies Plus Pilot program, with the goal of being implemented. This request for documenting the programs established (PHAs) were awarded grant funds in the OMB clearance includes the data by the Jobs Plus Pilot Program grantees Spring of 2015, and will implement the collection instruments that will be Jobs Plus program over a period of four and laying the groundwork for future utilized during two separate rounds of years. The program as designed includes evaluative work that will seek to site visits to each of the nine program three core components: (1) document the impact of the program, sites, including a site visit interview Employment-related services, (2) both on the program participants, as financial incentives—the Jobs Plus well as the entire target development. guide and a focus group discussion Earned Income Disregard (JPEID), and Specific research objectives include, but guide. (3) community supports for work. The are not limited to: Describing the set of Respondents (i.e. affected public): Jobs Plus program seeks to replicate the activities and partnerships established PHAs administering the Jobs Plus Pilot model tested under the Jobs Plus by grantees under core program program, Jobs Plus Pilot program Demonstration back in the 1990s and components; describing the amount and community partners, and residents of early 2000, which led to sustained type of leveraged resources accessed by participating developments.

Average time to complete Form Respondent sample Number of (minimum, Frequency Total burden respondents maximum) in (hours) minutes

Site Visit Interview 12 staff and stakeholders from all 9 Jobs Plus 108 90 (75–105) 1 162 Guide #1. sites. Focus Group Discus- 15 residents at each of the 9 Jobs Plus sites .. 135 90 (50–70) 1 202.5 sion Guide #1. Site Visit Interview 12 staff and stakeholders from all 9 Jobs Plus 108 90 (75–105) 1 162 Guide #1. sites. Focus Group Discus- 15 residents at each of the 9 Jobs Plus sites .. 135 90 (50–70) 1 202.5 sion Guide #2.

Total Burden Hours ...... 729

B. Solicitation of Public Comment information technology, e.g., permitting DEPARTMENT OF THE INTERIOR electronic submission of responses. This notice is soliciting comments United States Geological Survey from members of the public and affected HUD encourages interested parties to parties concerning the collection of submit comment in response to these [GX16EN05ESB0500] information described in Section A on questions. the following: Authority: Section 3507 of the Paperwork Announcement of Advisory Committee (1) Whether the proposed collection Reduction Act of 1995, 44 U.S.C. Chapter 35. on Climate Change and Natural of information is necessary for the Resource Science Meeting Dated: March 23, 2016. proper performance of the functions of Colette Pollard, AGENCY: U.S. Geological Survey, the agency, including whether the Department of the Interior. information will have practical utility; Department Reports Management Officer, ACTION: Notice of meeting. (2) The accuracy of the agency’s Office of the Chief Information Officer. [FR Doc. 2016–07064 Filed 3–28–16; 8:45 am] estimate of the burden of the proposed SUMMARY: In accordance with the collection of information; BILLING CODE 4210–67–P requirements of the Federal Advisory (3) Ways to enhance the quality, Committee Act, 5 U.S.C. App. 2, we utility, and clarity of the information to announce that the Advisory Committee be collected; and on Climate Change and Natural (4) Ways to minimize the burden of Resource Science will hold a meeting. the collection of information on those DATES: Meeting: The meeting will be who are to respond; including through held as follows: Tuesday, April 19, the use of appropriate automated 2016, from 9:00 a.m. to 5:15 p.m.; and collection techniques or other forms of Wednesday, April 20, 2016 from 9:00

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a.m. to 12:30 p.m. (All times Eastern the CSCs (including the ACCCNRS 2015 our best to accommodate those who are Daylight Time). report to the Secretary of the Interior), unable to meet this deadline. and how the program is responding or ADDRESSES: Corporation for Enterprise Robin O’Malley, Development, 1200 G Street NW., Suite will respond; (2) Engage the committee Designated Federal Officer. 400—Roosevelt Room, Washington, DC concerning strategic substantive 20005. decisions to be considered by NCCWSC [FR Doc. 2016–07035 Filed 3–28–16; 8:45 am] BILLING CODE 4311–AM–P FOR FURTHER INFORMATION CONTACT: Mr. and the CSCs; identify an appropriate Robin O’Malley, Designated Federal role for ACCCNRS and elicit initial Officer, Policy and Partnership recommendations; (3) Establish the Coordinator, National Climate Change ACCCNRS focus areas for the next two DEPARTMENT OF THE INTERIOR to three years and outline an action plan and Wildlife Science Center, U.S. Bureau of Land Management Geological Survey, 12201 Sunrise Valley for the committee to address those focus Drive, Mail Stop 516, Reston, VA 20192, areas. The final agenda will be posted [LLMTM00000.L111100000.XP0000 [email protected], (703) 648–4086. on https://nccwsc.usgs.gov/acccnrs 16XL1109AF MO#4500091304] Chartered prior to the meeting. SUPPLEMENTARY INFORMATION: Notice of Public Meeting; Central in May 2013, the Advisory Committee Public Input: All Committee meetings Montana Resource Advisory Council on Climate Change and Natural are open to the public. Interested Resource Science (ACCCNRS) advises members of the public may present, AGENCY: Bureau of Land Management, the Secretary of the Interior on the either orally or through written Interior. establishment and operations of the U.S. comments, information for the ACTION: Notice of public meeting. Geological Survey (USGS) National Committee to consider during the public Climate Change and Wildlife Science meeting. The public will have SUMMARY: In accordance with the Center (NCCWSC) and the Department approximately 15 minutes to make Federal Land Policy and Management of the Interior (DOI) Climate Science comment on both Tuesday, April 19, Act (FLPMA) and the Federal Advisory Centers (CSCs). ACCCNRS members 2016, from 4:45 p.m. to 5:00 p.m. and Committee Act of 1972 (FACA), the U.S. represent the Federal Government, state Wednesday, April 20, 2016 from 11:45 Department of the Interior, Bureau of and local governments, including state p.m. to 12:00 p.m. (all times Eastern Land Management (BLM) Central membership entities, non-governmental Daylight Time). Montana Resource Advisory Council organizations, including those whose Individuals or groups requesting to (RAC) will meet as indicated below. primary mission is professional/ make comment at the public Committee DATES: The Central Montana Resource scientific and those whose primary meeting will be limited to 2 minutes per Advisory Council Meeting will be held mission is conservation and related speaker. The Committee will endeavor May 4, 2016 in Havre, Montana. The scientific and advocacy activities, to provide adequate opportunity for all meeting will begin at 8:00 a.m. to 5:00 American Indian tribes and other Native speakers, within available time limits. p.m., with a 30-minute public comment American entities, academia, Speakers who wish to expand upon period at 10:00 a.m. landowners, businesses, and their oral statements, or those who had ADDRESSES: The meetings will be in the organizations representing landowners wished to speak, but could not be Havre Inn and Suites Conference Room or businesses. Duties of the committee accommodated during the public at 1425 Highway 2 NW., Havre, include: (A) Advising on the contents of comment period, are encouraged to Montana. a national strategy identifying key submit their comments in written form FOR FURTHER INFORMATION CONTACT: science priorities to advance the to the Committee after the meeting. management of natural resources in the Mark Albers, HiLine & Central Districts face of climate change; (B) advising on Written comments should be Manager, Great Falls Field Office, 1101 the nature, extent, and quality of submitted, prior to, during, or after the 15th Street North, Great Falls, MT relations with and engagement of key meeting, to Mr. Robin O’Malley, 59401, (406) 791–7789, malbers@ partners at the regional/CSC level; (C) Designated Federal Officer, by U.S. Mail blm.gov. Persons who use a advising on the nature and effectiveness to: Mr. Robin O’Malley, Designated telecommunications device for the deaf of mechanisms to ensure the Federal Officer, U.S. Geological Survey, (TDD) may call the Federal Information identification of key priorities from 12201 Sunrise Valley Drive, Mail Stop Relay Service (FIRS) at 1–800–677–8339 management partners and to effectively 516, Reston, VA 20192, or via email, at to contact the above individual during deliver scientific results in useful forms; [email protected]. normal business hours. The FIRS is (D) advising on mechanisms that may be The meeting location is open to the available 24 hours a day, 7 days a week employed by the NCCWSC to ensure public. When entering the Corporation to leave a message or question with the high standards of scientific quality and for Enterprise Development building, above individual. You will receive a integrity in its products, and to review attendees will need to show government reply during normal business hours. and evaluate the performance of issued photo identification. Space is SUPPLEMENTARY INFORMATION: This 15- individual CSCs, in advance of limited, so all interested in attending member council advises the Secretary of opportunities to re-establish expiring should pre-register. Please submit your the Interior, through the BLM, on a agreements; and (E) coordinating as name, estimate time of arrival, email variety of management issues associated appropriate with the Landscape address and phone number to Holly with public land management in Conservation Cooperatives Council. Padgett via email at [email protected], or Montana. During these meetings the More information about the ACCCNRS phone at (703) 648–4081, by close of council is scheduled to participate in, is available at https://nccwsc.usgs.gov/ business on April 12, 2016. Persons discuss, and act upon these topics or acccnrs. with disabilities requiring special activities. All RAC meetings are open to Meeting Agenda: The objectives of services, such as an interpreter for the the public. this meeting are to: (1) Ensure hearing impaired, should also contact Each formal RAC meeting will also committee familiarity with external Holly Padgett at least seven calendar have time allocated for hearing public input being provided to NCCWSC and days prior to the meeting. We will do comments. Depending on the number of

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persons wishing to comment and time Management’s land management plan Sec. 31, lots 2 and 3, E1⁄2SW1⁄4, and available, the time for individual oral for the John Day Wild and Scenic River. SW1⁄4SE1⁄4. comments may be limited. T. 9 S., R. 20 E., Order Sec. 6, lots 1, 2, 6, and 7, S1⁄2NE1⁄4, Authority: 43 CFR 1784.4–2. E1⁄2SW1⁄4, and NW1⁄4SE1⁄4; By virtue of the authority vested in 1 1 Mark K. Albers, Sec. 30, lots 1 and 2, and E ⁄2NW ⁄4; the Secretary of the Interior by Section Sec. 32, S1⁄2NE1⁄4, NW1⁄4, and N1⁄2SE1⁄4. HiLine & Central Districts Manager. 204 of the Federal Land Policy and T. 9 S., R. 21 E., [FR Doc. 2016–07043 Filed 3–28–16; 8:45 am] Management Act of 1976, 43 U.S.C. Sec. 28, SW1⁄4SW1⁄4; 1 1 1 1 BILLING CODE 4310–DN–P 1714, and pursuant to the determination Sec. 29, S ⁄2SW ⁄4 and S ⁄2SE ⁄4; by the Federal Energy Regulatory Sec. 30, SE1⁄4SE1⁄4; Commission in DV13–3–000, it is Sec. 31, NE1⁄4, E1⁄2NW1⁄4, NE1⁄4SW1⁄4, and 1 1 DEPARTMENT OF THE INTERIOR ordered as follows: NW ⁄4SE ⁄4. T. 9 S., R. 22 E., 1. The withdrawal created by the 1 1 Bureau of Land Management Sec. 13, NW ⁄4SW ⁄4; Executive Order dated July 2, 1910, Sec. 14, NE1⁄4SE1⁄4 and S1⁄2SE1⁄4; [LLOR–936000–L14300000–ET0000– which established Power Site Reserve Sec. 22, SE1⁄4NE1⁄4, NE1⁄4SW1⁄4, N1⁄2SE1⁄4, 14XL1109AF; HAG–14–0197; OR–19024, Nos. 24 and 145, is hereby revoked and SW1⁄4SE1⁄4; OR–19046, OR–19083] insofar as it affects the following- Sec. 23, W1⁄2NE1⁄4 and SE1⁄4NW1⁄4; described land: Sec. 27, NE1⁄4NW1⁄4; Public Land Order No. 7851; Partial Sec. 28, SE1⁄4NE1⁄4, SW1⁄4SW1⁄4, and Revocation, Power Site Reserve Nos. Willamette Meridian NE1⁄4SE1⁄4; 1 1 24, 145, and 566; Oregon (a) Power Site Reserve No. 24 Sec. 32, SW ⁄4SE ⁄4. T. 10 S., R. 22 E., AGENCY: Bureau of Land Management, Federal Lands Sec. 5, lot 4. Interior. T. 3 S., R. 18 E., T. 9 S., R. 23 E., 1 1 ACTION: Public Land Order. Sec. 2, lots 2, 3, and 4, SW1⁄4NE1⁄4, Sec. 18, E ⁄2SW ⁄4. SE1⁄4NW1⁄4, S1⁄2SW1⁄4, and W1⁄2SE1⁄4; The areas described aggregate 7,942.96 SUMMARY: This order partially revokes Sec. 11, W1⁄2NE1⁄4, E1⁄2NW1⁄2, NW1⁄4NW1⁄4, acres within Gilliam, Jefferson, Sherman, three withdrawals insofar as they affect and SW1⁄4SW1⁄4, W1⁄2SE1⁄4; Wasco, and Wheeler Counties. 23,878.22 acres of public and non- Sec. 23, N1⁄2 and SW1⁄4; 1 1 Non-Federal Lands (Conveyed out of Federal Federal lands originally withdrawn to Sec. 24, NW ⁄4NW ⁄4; Ownership Subject to Section 24 Sec. 27, E1⁄2NE1⁄4; protect water power values. Portions of 1 1 Reservation) the withdrawals created by two Sec. 35, SW ⁄4SE ⁄4. T. 4 S., R. 18 E., T. 1 N., R. 20 E., Executive Orders which established 1 1 Sec. 2, lot 2, SW1⁄4NE1⁄4, and S1⁄2NW1⁄4; Sec. 31, lot 2 and SE ⁄4NW ⁄4. Power Site Reserve Nos. 24, 145, and Sec. 3, lots 1 and 2, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, T. 9 S., R. 22 E., 1 2 1 4 566, are no longer needed for the E1⁄2SW1⁄4, and W1⁄2SE1⁄4; Sec. 28, E ⁄ SW ⁄ ; 1 4 1 4 1 4 1 4 purpose for which they were Sec. 14, S1⁄2SW1⁄4; Sec. 32, SW ⁄ NE ⁄ , NE ⁄ SW ⁄ , and 1 1 1 1 1 1 NW ⁄4SE ⁄4. withdrawn. The lands will not be Sec. 15, E ⁄2NE ⁄4 and E ⁄2SE ⁄4; Sec. 22, NE1⁄4NE1⁄4; T. 10 S., R. 22 E., restored to operation of the public land 1 1 1 1 1 1 1 Sec. 6, lot 3, SE ⁄4NW ⁄4. laws because they have either been Sec. 23, W ⁄2NE ⁄4, SE ⁄4NE ⁄4, NW ⁄4, and 1 conveyed out of Federal ownership, or SE ⁄4; The areas described aggregate 373.94 acres 1 1 1 1 1 within Gilliam, Sherman, and Wheeler are included in the John Day Wild and Sec. 25, NE ⁄4, N ⁄2NW ⁄4, and SE ⁄4NW ⁄4. T. 1 N., R. 19 E., Counties. Scenic River withdrawal. 1 1 Sec. 4, lots 1 and 2, and SE ⁄4NE ⁄4. (b) Power Site Reserve No. 145 DATES: This Public Land Order is T. 4 S., R. 19 E., effective on March 29, 2016. Sec. 29, SW1⁄4NW1⁄4 and SW1⁄4. Federal Lands FOR FURTHER INFORMATION CONTACT: T. 5 S., R. 19 E., T. 3 S., R. 18 E., 1 1 1 Jenice Prutz, Bureau of Land Sec. 9, SW ⁄4 and SW ⁄4SE ⁄4; Sec. 11, E1⁄2NE1⁄4 and E1⁄2SE1⁄4; 1 1 1 1 1 Sec. 21, W ⁄2NW ⁄4, SE ⁄4NW ⁄4, and SW ⁄4; Sec. 15, SE1⁄4SE1⁄4; Management, Oregon State Office, P.O. 1 1 1 1 1 Sec. 29, S ⁄2N ⁄2, NW ⁄4SW ⁄4, and SE ⁄4. 1 2 1 4 1 4 1 4 1 4 1 4 Box 2965, Portland, Oregon, 97208– Sec. 27, W ⁄ NE ⁄ , SE ⁄ NW ⁄ , NE ⁄ SW ⁄ , T. 7 S., R. 19 E., and N1⁄2SE1⁄4. 2965, 503–808–6163. Persons who use a 1 1 Sec. 5, lots 3 and 4, S ⁄2NW ⁄4, and T. 4 S., R. 18 E., telecommunications device for the deaf S1⁄2SW1⁄4; Sec. 13, W1⁄2SW1⁄4. (TDD) may call the Federal Information Sec. 7, E1⁄2NE1⁄4 and NE1⁄4SE1⁄4; T. 1 S., R. 19 E., Relay Service (FIRS) at 1–800–877– Sec. 8, SW1⁄4NW1⁄4 and W1⁄2SW1⁄4; Sec. 10, S1⁄2NE1⁄4, NE1⁄4SW1⁄4, and 8339. The FIRS is available 24 hours a Sec. 17, NW1⁄4NW1⁄4; NW1⁄4SE1⁄4; day, 7 days a week, to leave a message Sec. 18, W1⁄2SE1⁄4 and SE1⁄4SE1⁄4; Sec. 31, W1⁄2SE1⁄4. or question with the above individual. Sec. 19, N1⁄2NE1⁄4; T. 5 S., R. 19 E., 1 1 1 1 You will receive a reply during normal Sec. 20, NW ⁄4NW ⁄4. Sec. 17, SE ⁄4SE ⁄4; T. 8 S., R. 19 E., Sec. 20, NE1⁄4NE1⁄4; business hours. Sec. 9, SE1⁄4SW1⁄4; Sec. 29, NE1⁄4NW1⁄4. SUPPLEMENTARY INFORMATION: The Sec. 21, lots 5 to 8, inclusive; T. 6 S., R. 19 E., subject lands are located within the Sec. 25, W1⁄2SW1⁄4; Sec. 7, NW1⁄4NE1⁄4 and SE1⁄4NW1⁄4; designated boundary of the John Day Sec. 26, N1⁄2SE1⁄4 and SE1⁄4SE1⁄4; Sec. 8, SW1⁄4SW1⁄4; Wild and Scenic River. The lands, Sec. 35, NE1⁄4NE1⁄4. Sec. 17, NW1⁄4NW1⁄4 and SW1⁄4SW1⁄4; which are precluded from waterpower T. 9 S., R. 19 E., Sec. 18, SW1⁄4NE1⁄4 and NW1⁄4SE1⁄4; development, would continue to be Sec. 12, NE1⁄4SE1⁄4 and S1⁄2SE1⁄4. Sec. 19, E1⁄2NE1⁄4 and SE1⁄4SE1⁄4; 1 1 managed subject to the provisions of the T. 1 N., R. 20 E., Sec. 20, W ⁄2NW ⁄4; Sec. 31, lot 1 and NE1⁄4NW1⁄4. Sec. 29, SE1⁄4NW1⁄4 and NE1⁄4SW1⁄4. National Wild and Scenic Rivers System T. 1 S., R. 20 E., T. 7 S., R. 19 E., Act, Public Law 90–542, as amended, 16 Sec. 6, lot 3, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, and Sec. 8, SE1⁄4NW1⁄4 and E1⁄2SW1⁄4; U.S.C. 1271 et seq. Revocation of the NW1⁄4SE1⁄4; Sec. 17, NE1⁄4NW1⁄4; power site reserve withdrawals is Sec. 7, lot 4. Sec. 29, NW1⁄4NW1⁄4. consistent with the Bureau of Land T. 8 S., R. 20 E., T. 8 S., R. 19 E.,

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Sec. 22, lots 5 and 6. T. 1 S., R. 19 E., DEPARTMENT OF THE INTERIOR T. 9 S., R. 19 E., Sec. 10, SE1⁄4NW1⁄4, SE1⁄4SW1⁄4, and 1 1 1 1 Sec. 12, SW ⁄4NE ⁄4, SE ⁄4NW ⁄4, and SW1⁄4SE1⁄4; Bureau of Land Management 1 4 1 4 NW ⁄ SW ⁄ . Sec. 11, NE1⁄4SW1⁄4 and N1⁄2SE1⁄4; T. 1 S., R. 20 E., [LLORB00000.L17110000.PH0000.LXSSH1 Sec. 12, S1⁄2NW1⁄4, NW1⁄4SW1⁄4, Sec. 6, E1⁄2SE1⁄4; 060000.16XL1109AF; HAG 16–0107] SE1⁄4SW1⁄4, and S1⁄2SE1⁄4; 1 4 1 4 1 4 1 4 Sec. 7, SE ⁄ SW ⁄ and NW ⁄ SE ⁄ . 1 1 1 1 1 T. 9 S., R. 20 E., Sec. 14, W ⁄2NE ⁄4, NW ⁄4, and NE ⁄4SW ⁄4; Steens Mountain Advisory Council 1 2 1 4 1 4 1 4 1 2 1 4 Sec. 30, W1⁄2NE1⁄4 and S1⁄2SE1⁄4; Sec. 15, E ⁄ NE ⁄ , SW ⁄ NE ⁄ , E ⁄ NW ⁄ , 1 1 Public Meeting Sec. 32, NE1⁄4SW1⁄4. and SW ⁄4SW ⁄4; T. 9 S., R. 22 E., Sec. 17, N1⁄2NE1⁄4, SE1⁄4NW1⁄4, NW1⁄4SW1⁄4, AGENCY: Bureau of Land Management, Sec. 23, NW1⁄4SW1⁄4 and NW1⁄4SE1⁄4. NE1⁄4SE1⁄4, and SW1⁄4SE1⁄4; Interior. The areas described aggregate 2,238.07 Sec. 19, lots 4, 5, 6, 9, 10, and 11, ACTION: Notice of public meeting. acres within Gilliam, Jefferson, Sherman, SE1⁄4NE1⁄4, and W1⁄2SE1⁄4; Wasco, and Wheeler Counties. Sec. 21, N1⁄2NE1⁄4 and SE1⁄4NE1⁄4; SUMMARY: In accordance with the 2. The withdrawal created by Sec. 22, N1⁄2NE1⁄4, NE1⁄4NW1⁄4, Federal Land Policy and Management Executive Order dated November 24, SW1⁄4NW1⁄4, NE1⁄4SW1⁄4, and N1⁄2SE1⁄4; Act and the Federal Advisory 1916, which established Power Site Sec. 23, NW1⁄4NW1⁄4, SE1⁄4NW1⁄4, and Committee Act of 1972, and the U.S. Reserve No. 566, is hereby revoked NW1⁄4SW1⁄4; Department of the Interior, Bureau of insofar as it affects the following- Sec. 30, lots 4, 5, 6, 8, 9, and 10; Land Management (BLM), the Steens 1 1 described lands: Sec. 31, lots 1, 3, 4, and 9, and W ⁄2NE ⁄4. Mountain Advisory Council (SMAC) T. 2 S., R. 19 E., will meet as indicated below: Willamette Meridian Sec. 5, SW1⁄4NW1⁄4 and W1⁄2SW1⁄4; DATES April 28, 2016 from 10 a.m. to 4 1 1 : Federal Lands Sec. 6, lots 1, 2, 4, 6 and 7, SE ⁄4NE ⁄4, p.m. and April 29, 2016 from 8:30 a.m. 1 1 1 1 T. 2 S., R. 18 E., E ⁄2SW ⁄4, and W ⁄2SE ⁄4; to 2 p.m., at the Hilton Garden Inn, 425 Sec. 1, lots 1 and 2, SW1⁄4NE1⁄4, and Sec. 7, lots 2 and 3. SW. Bluff Drive, Bend, Oregon. Daily NE1⁄4SE1⁄4; T. 4 S., R. 19 E., 1 sessions may end early if all business Sec. 11, SE ⁄4; Sec. 19, SW1⁄4SE1⁄4; 1 1 1 1 1 1 items are accomplished ahead of Sec. 12, W ⁄2NE ⁄4, N ⁄2SW ⁄4, SW ⁄4SW ⁄4, Sec. 29, NW1⁄4NW1⁄4; 1 1 schedule, or go longer if discussions and SE ⁄4SE ⁄4; Sec. 30, lots 1, 2, and 3, NE1⁄4, E1⁄2NW1⁄4, Sec. 13, NW1⁄4, N1⁄2SW1⁄4, and SE1⁄4SW1⁄4; warrant more time. and E1⁄2SE1⁄4; Sec. 14, NE1⁄4; Sec. 31, NE1⁄4 and E1⁄2SE1⁄4 FOR FURTHER INFORMATION CONTACT: Tara Sec. 23, E1⁄2; Sec. 32, SW1⁄4NE1⁄4, W1⁄2, and E1⁄2SE1⁄4. Thissell, Public Affairs Specialist, BLM Sec. 24, NW1⁄4NE1⁄4, NE1⁄4NW1⁄4, E1⁄2SW1⁄4, 1 1 1 1 T. 5 S., R. 19 E., Burns District Office, 28910 Highway 20 SW ⁄4SW ⁄4, and W ⁄2SE ⁄4; 1 1 West, Hines, Oregon 97738, (541) 573– Sec. 25, N1⁄2NW1⁄4 and SW1⁄4NW1⁄4; Sec. 5, lots 1 and 2, SW ⁄4NE ⁄4, and 1 1 4519, or email [email protected]. Sec. 26, E1⁄2, E1⁄2NW1⁄4, and E1⁄2SW1⁄4; N ⁄2SW ⁄4; Sec. 34, E1⁄2SE1⁄4; Sec. 6, lot 1; Persons who use a telecommunications 1 1 1 1 1 Sec. 35, NE ⁄4, E ⁄2NW ⁄4, SW ⁄4NW ⁄4, Sec. 8, S1⁄2NE1⁄4 and NW1⁄4NW1⁄4; device for the deaf (TDD) may call the 1 1 1 SW ⁄4, and E ⁄2SE ⁄4. Sec. 17, E1⁄2NE1⁄4 and NE1⁄4SE1⁄4; Federal Information Relay Service T. 3 S., R. 18 E., Sec. 20, SE1⁄4NE1⁄4, S1⁄2SW1⁄4, S1⁄2SE1⁄4, (FIRS) at 1(800) 877–8339 to contact the Sec. 2, lot 1, SE1⁄4NE1⁄4, and E1⁄2SE1⁄4; and NE1⁄4SE1⁄4; above individual during normal Sec. 13, W1⁄2SW1⁄4; Sec. 28, NW1⁄4, N1⁄2SW1⁄4, and SW1⁄4SW1⁄4; business hours. The FIRS is available 24 Sec. 14; Sec. 29, N1⁄2NE1⁄4 and NW1⁄4NW1⁄4; hours a day, 7 days a week, to leave a Sec. 22, NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Sec. 30, lots 2, 3, and 4, S1⁄2NE1⁄4, message or question with the above Sec. 23, NW1⁄4SE1⁄4; 1 1 1 1 1 1 Sec. 26, W1⁄2; SE ⁄4NW ⁄4, NE ⁄4SW ⁄4, and NW ⁄4SE ⁄4. individual. You will receive a reply Sec. 27, NE1⁄4NW1⁄4; T. 6 S., R. 19 E., during normal business hours. 1 1 1 1 1 1 1 Sec. 34, E ⁄2NE ⁄4, SW ⁄4NE ⁄4, and SE ⁄4; Sec. 7, NW ⁄4SE ⁄4; SUPPLEMENTARY INFORMATION: The Sec. 35, N1⁄2NW1⁄4, SW1⁄4NW1⁄4, N1⁄2SW1⁄4, Sec. 30, NW1⁄4NE1⁄4. SMAC was initiated August 14, 2001, 1 1 and NW ⁄4SE ⁄4. T. 8 S., R. 19 E., pursuant to the Steens Mountain T. 4 S., R. 18 E., Sec. 10, lots 5 and 6. Cooperative Management and Protection Sec. 3, E1⁄2SE1⁄4; T. 1 N., R. 20 E., Sec. 10, NE1⁄4, E1⁄2NW1⁄4, N1⁄2SE1⁄4, and Act of 2000 (Pub. L. 106–399). The Sec. 30, lots 3 and 4, E1⁄2SW1⁄4, W1⁄2SE1⁄4, SE1⁄4SE1⁄4; SMAC provides representative counsel and SE1⁄4SE1⁄4. Sec. 13, SW1⁄4NW1⁄4; and advice to the BLM regarding new Sec. 14, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, E1⁄2NW1⁄4, The areas described aggregate 13,283.25 and unique approaches to management SW1⁄4NW1⁄4, NW1⁄4SW1⁄4, and S1⁄2SE1⁄4; acres in Gilliam, Jefferson, Sherman, Wasco, of the land within the bounds of the Sec. 23, N1⁄2SW1⁄4, and SE1⁄4SW1⁄4; and Wheeler Counties. Steens Mountain Cooperative 1 1 1 Sec. 24, SW ⁄4 and SW ⁄4SE ⁄4; Non-Federal Lands (Conveyed out of Federal Management and Protection Area, Sec. 25, SW1⁄4NW1⁄4. Ownership Subject to Section 24 recommends cooperative programs and T. 5 S., R. 18 E., Reservation) Sec. 25, SE1⁄4SW1⁄4 and SE1⁄4. incentives for landscape management T. 1 N., R. 19 E., T. 6 S., R. 19 E., that meet human needs, and advises the 1 1 Sec. 2, SW1⁄4NW1⁄4 and NE1⁄4SW1⁄4; Sec. 6, SE ⁄4NW ⁄4. BLM on maintenance and improvement Sec. 14, S1⁄2NE1⁄4, N1⁄2SE1⁄4, The area described contains 40 acres of the ecological and economic integrity 1 1 1 1 1 1 1 N ⁄2SW ⁄4SE ⁄4, N ⁄2SW ⁄4SW ⁄4SE ⁄4, within Gilliam and Wasco Counties. of the area. Agenda items for April 28– N1⁄2S1⁄2SW1⁄4SW1⁄4SE1⁄4, SE1⁄4SW1⁄4SE1⁄4, 29, 2016 session include: Updates from 1 1 Dated: March 5, 2016. and SE ⁄4SE ⁄4. the Designated Federal Official and the T. 2 N., R. 19 E., Janice M. Schneider, Andrews/Steens Resource Area Field Sec. 18, SW1⁄4NE1⁄4; Assistant Secretary—Land and Minerals Sec. 19, E1⁄2SW1⁄4; Manager; discussions regarding projects Management. Sec. 28, SW1⁄4SW1⁄4 and E1⁄2SE1⁄4; for the Steens Mountain Comprehensive 1 1 [FR Doc. 2016–07005 Filed 3–28–16; 8:45 am] Sec. 30, E ⁄2NE ⁄4; Recreation Plan, inholder access, and Sec. 32, N1⁄2NE1⁄4 and NE1⁄4NW1⁄4. BILLING CODE 4310–33–P fencing in the No Livestock Grazing

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Area; and regular business items such as You will receive a reply during normal Bureau of Justice Statistics, will be approving the previous meeting’s business hours. submitting the following information minutes, member round-table, and SUPPLEMENTARY INFORMATION: This collection request to the Office of planning the next meeting’s agenda. survey was executed at the request of Management and Budget (OMB) for Any other matters that may reasonably the Field Manager, Dillon Field Office, review and approval in accordance with come before the SMAC may also be Dillon, Montana, and was necessary to the Paperwork Reduction Act of 1995. addressed. A public comment period is determine Federal lands. This proposed information collection available both days. Unless otherwise The lands we surveyed are: was previously published in the Federal approved by the SMAC Chair, the Principal Meridian, Montana Register at 81 FR 1222, on January 11, public comment period will last no 2016, allowing for a 60 day comment longer than 30 minutes, and each T. 13 S., R. 12 W. period. speaker may address the SMAC for a The plat, in one sheet, representing maximum of five minutes. The public is the dependent resurvey of dependent DATES: Comments are encouraged and welcome to attend all sessions, resurvey of a portion of the will be accepted for 30 days until April including the field tour, but must subdivisional lines and the subdivision 28, 2016. of section 11, Township 13 South, provide personal transportation. FOR FURTHER INFORMATION CONTACT: If Range 12 East, Principal Meridian, you have additional comments Rhonda Karges, Montana, was accepted March 17, 2016. Andrews/Steens Resource Area Field especially on the estimated public We will place a copy of the plat, in burden or associated response time, Manager. one sheet, and related field notes we suggestions, or need a copy of the [FR Doc. 2016–07047 Filed 3–28–16; 8:45 am] described in the open files. They will be proposed information collection BILLING CODE 4310–33–P available to the public as a matter of instrument with instructions or information. If the BLM receives a additional information, please contact protest against this survey, as shown on Lynn Langton, Statistician, Bureau of DEPARTMENT OF THE INTERIOR this plat, in one sheet, prior to the date Justice Statistics, 810 Seventh Street of the official filing, we will stay the NW., Washington, DC 20531 (email: Bureau of Land Management filing pending our consideration of the [email protected]; telephone: protest. We will not officially file this [LLMTB05000/L10500000.DF0000); 202–353–3328). Written comments and/ plat, in one sheet, until the day after we 16XL1109AF; MO# 4500089866] or suggestions can also be directed to have accepted or dismissed all protests the Office of Management and Budget, Notice of Filing of Plats of Survey; and they have become final, including Office of Information and Regulatory Montana decisions or appeals. Before including Affairs, Attention Department of Justice your address, phone number, email AGENCY: Bureau of Land Management, Desk Officer, Washington, DC 20530 or address, or other personally identifying Interior. sent to OIRA_submissions@ information in your comment, you ACTION: Notice of filing of plats of omb.eop.gov. survey. should be aware that your entire comment—including your personally SUPPLEMENTARY INFORMATION: Written SUMMARY: The Bureau of Land identifying information—may be made comments and suggestions from the Management (BLM) will file the plat of publicly available at any time. While public and affected agencies concerning survey of the lands described below in you can ask us in your comment to the proposed collection of information the BLM Montana State Office, Billings, withhold your personally identifying are encouraged. Your comments should Montana, on April 28, 2016. information from public review, we address one or more of the following DATES: A notice of protest of the survey cannot guarantee that we will be able to four points: do so. must be filed before April 28, 2016 to —Evaluate whether the proposed be considered. A statement of reasons Authority: 43 U.S.C. Chap. 3. collection of information is necessary for a protest may be filed with the notice Joshua F. Alexander, for the proper performance of the of protest and must filed within 30 days functions of the Bureau of Justice after the notice of protest is filed. Acting Chief, Branch of Cadastral Survey, Division of Energy, Minerals and Realty. Statistics, including whether the ADDRESSES Protests of the survey : [FR Doc. 2016–07048 Filed 3–28–16; 8:45 am] information will have practical utility; should be sent to the Branch of Cadastral Survey, Bureau of Land BILLING CODE 4310–DN–P —Evaluate the accuracy of the agency’s Management, 5001 Southgate Drive, estimate of the burden of the Billings, Montana 59101–4669. proposed collection of information, DEPARTMENT OF JUSTICE including the validity of the FOR FURTHER INFORMATION CONTACT: methodology and assumptions used; Marvin Montoya, Cadastral Surveyor, [OMB Number 1121–NEW] Branch of Cadastral Survey, Bureau of —Evaluate whether and if so how the Land Management, 5001 Southgate Agency Information Collection quality, utility, and clarity of the Drive, Billings, Montana 59101–4669, Activities; Proposed eCollection information to be collected can be telephone (406) 896–5124 or (406) 896– eComments Requested; New enhanced; and 5003, [email protected]. Persons who Collection; Comments Requested: —Minimize the burden of the collection use a telecommunications device for the National Census of Victim Service of information on those who are to deaf (TDD) may call the Federal Providers (VSP Census) respond, including through the use of Information Relay Service (FIRS) at 1– AGENCY: Bureau of Justice Statistics, appropriate automated, electronic, 800–877–8339 to contact the above Department of Justice. mechanical, or other technological individual during normal business collection techniques or other forms ACTION: 30-Day Notice. hours. The FIRS is available 24 hours a of information technology, e.g., day, 7 days a week, to leave a message SUMMARY: The Department of Justice permitting electronic submission of or question with the above individual. (DOJ), Office of Justice Programs, responses.

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Overview of This Information DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR Collection Notice of Lodging Proposed Consent Bureau of Labor Statistics (1) Type of Information Collection: Decree New collection. Proposed Collection; Comment (2) Title of the Form/Collection: In accordance with Departmental Request Policy, 28 CFR 50.7, notice is hereby National Census of Victim Service ACTION: Notice. Providers. given that a proposed Consent Decree in Andy Johnson v. United States SUMMARY The Department of Labor, as (3) Agency form number, if any, and : Environmental Protection Agency, et al., part of its continuing effort to reduce the applicable component of the Civil Action No. 15–cv–147–SWS, was paperwork and respondent burden, Department of Justice sponsoring the lodged with the United States District conducts a pre-clearance consultation collection: The form numbers for the Court for the District of Wyoming on program to provide the general public collection are VSP–1, VSP–2, and VSP– March 22, 2016. and Federal agencies with an 3. The applicable component within the opportunity to comment on proposed Department of Justice is the Bureau of This proposed Consent Decree and/or continuing collections of Justice Statistics, in the Office of Justice concerns a complaint filed by Andy information in accordance with the Programs. Johnson against the United States Paperwork Reduction Act of 1995 Environmental Protection Agency (3) Affected public who will be asked (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This (‘‘EPA’’), under the Administrative or required to respond, as well as a brief program helps to ensure that requested Procedure Act, 5 U.S.C. 706, which abstract: Organizations that have been data can be provided in the desired seeks judicial review of an identified as providing services to format, reporting burden (time and administrative order that EPA issued to victims of crime or abuse will be asked financial resources) is minimized, Mr. Johnson on January 30, 2014, to respond. The Census of Victim collection instruments are clearly entitled ‘‘Findings of Violation and understood, and the impact of collection Service Providers is the first national Administrative Order for Compliance,’’ requirements on respondents can be collection to gather data on the under Section 309 of the Clean Water properly assessed. The Bureau of Labor characteristics, functions, and resources Act, 33 U.S.C. 1319. The proposed Statistics (BLS) is soliciting comments of entities that provide assistance to Consent Decree resolves this matter by, concerning the proposed revision of a victims of crime or abuse. among other things, requiring Mr. currently approved collection ‘‘National (5) An estimate of the total number of Johnson to perform mitigation for areas Longitudinal Survey of Youth 1979.’’ A respondents and the amount of time impacted by fill material. copy of the proposed information estimated for an average respondent to collection request (ICR) can be obtained The Department of Justice will accept respond: An estimated 31,000 victim by contacting the individual listed in written comments relating to this service providers will be asked to the Addresses section of this notice. proposed Consent Decree for thirty (30) respond to the survey. About 15% of DATES: Written comments must be days from the date of publication of this entities will no longer be in business or submitted to the office listed in the Notice. Please address comments to no longer serving victims and these Addresses section below on or before Alan D. Greenberg, Senior Attorney, respondents will be ineligible to May 31, 2016. United States Department of Justice, complete the survey instrument. For ADDRESSES: Send comments to Nora Environment and Natural Resources these entities the burden will be less Kincaid, BLS Clearance Officer, Division, Environmental Defense than 5 minutes. For the remaining Division of Management Systems, Section, 999 18th Street, Suite 370, 26,350 victim service providers, it will Bureau of Labor Statistics, Room 4080, Denver, CO 80202 and refer to Andy take the average interviewed respondent 2 Massachusetts Avenue NE., Johnson v. United States Environmental an estimated 20 minutes to respond. Washington, DC 20212. Written Protection Agency, et al., DJ #90–5–1–4– comments also may be transmitted by (6) An estimate of the total public 20568. fax to 202–691–5111 this is not a toll burden (in hours) associated with the The proposed Consent Decree may be free number). collection: There are an estimated 9,171 examined at the Clerk’s Office, United FOR FURTHER INFORMATION CONTACT: total burden hours associated with this States District Court for the District of Nora Kincaid, BLS Clearance Officer, collection. Wyoming, 2120 Capitol Avenue, Room 202–691–7628 (this is not a toll free If additional information is required 2131, Cheyenne, WY 82001. In addition, number). (See ADDRESSES section.) contact: Jerri Murray, Department the proposed Consent Decree may be SUPPLEMENTARY INFORMATION: Clearance Officer, United States examined electronically at http:// I. Background Department of Justice, Justice www.justice.gov/enrd/Consent_ The National Longitudinal Survey of Management Division, Policy and Decrees.html. Planning Staff, Two Constitution Youth 1979 (NLSY79) is a Square, 145 N Street NE., 3E.405B, Cherie L. Rogers, representative national sample of Washington, DC 20530. Assistant Section Chief, Environmental persons who were born in the years Defense Section, Environment and Natural 1957 to 1964 and lived in the U.S. in Dated: March 24, 2016. Resources Division. 1978. These respondents were ages 14 to Jerri Murray, [FR Doc. 2016–07009 Filed 3–28–16; 8:45 am] 22 when the first round of interviews Department Clearance Officer for PRA, U.S. began in 1979; they were ages 51 to 58 BILLING CODE 4410–15–P Department of Justice. as of December 31, 2015. The NLSY79 [FR Doc. 2016–07050 Filed 3–28–16; 8:45 am] was conducted annually from 1979 to

BILLING CODE 4410–18–P 1994 and has been conducted biennially since 1994. The longitudinal focus of this survey requires information to be

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collected from the same individuals II. Current Action read as part of their job and how often over many years in order to trace their The BLS seeks approval to conduct their job involves face-to-face contact education, training, work experience, round 27 of the NLSY79 and the with people other than co-workers or fertility, income, and program associated surveys of biological children supervisors. participation. of female NLSY79 respondents. Questions will be added to the health section of the NLSY79 in order to date In addition to the main NLSY79, the The Young Adult Survey will be the onset of menopause among the biological children of female NLSY79 administered to young adults age 12 and female sample members. The questions respondents have been surveyed since older who are the biological children of will be asked of all women. We expect 1986. A battery of child cognitive, socio- female NLSY79 respondents. These that most of the women will have emotional, and physiological young adults will be contacted reached menopause as the youngest of assessments has been administered regardless of whether they reside with them will be 52 in 2016. The biennially since 1986 to NLSY79 their mothers. Members of the Young menopause questions collect age of last mothers and their children. Starting in Adult grant sample are contacted for menstrual cycle, whether the woman 1994, children who had reached age 15 interviews every other round once they has had a hysterectomy, whether the by December 31 of the survey year (the reach age 31. The NLSY79 Young Adult woman is taking hormone replacement Young Adults) were interviewed about Survey involves interviews with approximately 5,445 young adults ages therapy, and, if taking HRT, whether she their work experiences, training, had a period in the 12 months prior to schooling, health, fertility, self-esteem, 12 and older. During the field period, about 10 main beginning HRT. and other topics. Funding for the The primary change to the Child and NLSY79 interviews will be validated to NLSY79 Child and Young Adult surveys Young Adult Surveys is that a separate ascertain whether the interview took is provided by the Eunice Kennedy child survey will no longer be place as the interviewer reported and Shriver National Institute of Child conducted. This sample includes very whether the interview was done in a Health and Human Development few children age 14 and under and so through an interagency agreement with polite and professional manner. BLS has undertaken a continuing we will no longer conduct a separate the BLS and through a grant awarded to child survey; children age 12 and older researchers at the Ohio State University redesign effort to examine the current content of the NLSY79 and provide will join the Young Adult sample. The Center for Human Resource Research Young Adult sample will include 1,205 (CHRR). The interagency agreement direction for changes that may be appropriate as the respondents age. The respondents ages 12–22 and 4,240 funds data collection for children and respondents age 23 and older in Round young adults up to age 22. The grant 2016 instrument reflects a number of changes recommended by experts in 27. funds data collection for young adults Most of the changes made to the various fields of social science and by age 23 and older. One of the goals of the Young Adult questionnaire for 2016 our own internal review of the survey’s Department of Labor (DOL) is to have been made to streamline questions content. Additions to the questionnaire produce and disseminate timely, and sections in order to cut down on the are accompanied by deletions of accurate, and relevant information about amount of time it takes for a respondent previous questions so that the overall the U.S. labor force. The BLS to complete an interview. contributes to this goal by gathering time required to complete the survey III. Desired Focus of Comments information about the labor force and should remain about the same or even labor market and disseminating it to decline slightly as compared to 2014. The BLS is particularly interested in The round 27 questionnaire includes policymakers and the public so that comments that: new questions on job tasks, as well as participants in those markets can make • Evaluate whether the proposed questions on menopause that will be more informed, and thus more efficient, collection of information is necessary asked of the female respondents. In choices. Research based on the NLSY79 for the proper performance of the addition, the assets module that has contributes to the formation of national functions of the agency, including been asked in odd-numbered rounds policy in the areas of education, whether the information will have since Round 19 will rotate back into the training, employment programs, and practical utility. questionnaire. school-to-work transitions. In addition • Evaluate the accuracy of the Questions on job tasks will be added agency’s estimate of the burden of the to the reports that the BLS produces to the employment section for Round based on data from the NLSY79, proposed collection of information, 27. All respondents (male and female) including the validity of the members of the academic community who have held a job since their last publish articles and reports based on methodology and assumptions used. interview will be asked these questions • Enhance the quality, utility, and NLSY79 data for the DOL and other about their current or most recent job clarity of the information to be funding agencies. To date, more than (job #1). The items cover job tasks in collected. 2,578 articles examining NLSY79 data three key domains: Things (physical or • Minimize the burden of the have been published in scholarly repetitive tasks), data (analytic tasks; collection of information on those who journals. problem solving), and people are to respond, including through the The survey design provides data (interpersonal tasks). Respondents are use of appropriate automated, gathered from the same respondents first asked how much of their workday electronic, mechanical, or other over time to form the only data set that involves carrying out short, repetitive technological collection techniques or contains this type of information for this tasks, doing physical tasks, and other forms of information technology, important population group. Without managing or supervising other workers. e.g., permitting electronic submissions the collection of these data, an accurate They are next asked how often they of responses. longitudinal data set could not be engage in problem solving on their job, Type of Review: Revision of a provided to researchers and and a separate question asks how often previously approved collection. policymakers, thus adversely affecting they use advanced mathematics on their Agency: Bureau of Labor Statistics. the DOL’s ability to perform its policy- job. They are also asked about the Title: National Longitudinal Survey of and report-making activities. longest document that they typically Youth 1979.

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OMB Number: 1220–0109. Affected Public: Individuals or households.

Average time Estimated total Form Total Frequency Total per response burden respondents responses (minutes) (hours)

NLSY79 Round 27 Main Survey ...... 7,100 Biennially ...... 7,100 70 8,283 Round 27 Validation Interviews ...... 10 Biennially ...... 10 6 1 Young Adult Survey (Ages 12 to 13) ...... 45 Biennially ...... 45 50 38 Young Adult Survey (Ages 14 to 18) ...... 400 Biennially ...... 400 66 440 Young Adult Survey (Ages 19 to 22) ...... 760 Biennially ...... 760 60 760 Young Adult Survey, Grant component (Age 23 2,020 Biennially ...... 2,020 55 1,852 to 28), interview. Young Adult Survey, Grant component (Age 29 2,220 Biennially ...... 2,220 70 2,590 and older), interview.

Totals 1 ...... 12,545 ...... 12,555 ...... 13,964 1 The total number of 12,545 respondents across all the survey instruments is a mutually exclusive count that does not include th e 10 reinter- view respondents, who were previously counted among the main and young adult survey respondents.

Total Burden Cost (capital/startup): requirements on respondents can be responding appropriately to mine $0. properly assessed. Currently, the Mine emergencies. MSHA uses the plans to Total Burden Cost (operating/ Safety and Health Administration ensure that the operator’s program will maintenance): $0. (MSHA) is soliciting comments on the provide the required training and drills Comments submitted in response to information collection for Emergency to all miners. MSHA requires the this notice will be summarized and/or Mine Evacuation. operator to certify the training and drill included in the request for Office of DATES: All comments must be received for each miner at the completion of each Management and Budget approval of the on or before May 31, 2016. quarterly drill, annual expectations information collection request; they also ADDRESSES: Comments concerning the training, or other training, and that a will become a matter of public record. information collection requirements of copy be provided to the miner upon Signed at Washington, DC, this 24th day of this notice may be sent by any of the request. These certifications are used by March 2016. methods listed below. MSHA, operators, and miners as Kimberly D. Hill, • Federal E-Rulemaking Portal: evidence that the required training has Chief, Division of Management Systems, http://www.regulations.gov. Follow the been completed. MSHA requires that Bureau of Labor Statistics. on-line instructions for submitting escapeway maps show the SCSR storage comments for docket number MSHA– [FR Doc. 2016–07033 Filed 3–28–16; 8:45 am] locations. Accurate and up-to-date maps 2016–0003. BILLING CODE 4510–24–P are essential to the engineering plans • Regular Mail: Send comments to and safe operation of mines and to the USDOL–MSHA, Office of Standards, health and safety of the miners. MSHA Regulations, and Variances, 201 12th DEPARTMENT OF LABOR and other emergency evacuation Street South, Suite 4E401, Arlington, personnel will use the notations on the VA 22202–5452. Mine Safety and Health Administration maps should a rescue or recovery • Hand Delivery: USDOL-Mine Safety [OMB Control No. 1219–0141] and Health Administration, 201 12th operation be necessary. Miners use the Street South, Suite 4E401, Arlington, escapeway maps in training and during Proposed Extension of Information VA 22202–5452. Sign in at the mine evacuations. Escapeway maps are Collection; Emergency Mine receptionist’s desk on the 4th floor via required to be posted or readily Evacuation the East elevator. accessible for all miners in each working section, areas where Mine Safety and Health AGENCY: FOR FURTHER INFORMATION CONTACT: mechanized mining equipment is being Administration, Labor. Sheila McConnell, Acting Director, installed or removed, at surface ACTION: Request for public comments. Office of Standards, Regulations, and Variances, MSHA, at locations where miners congregate and in each refuge alternative. MSHA SUMMARY: The Department of Labor, as [email protected] part of its continuing effort to reduce (email); 202–693–9440 (voice); or 202– requires that persons that test Self- paperwork and respondent burden, 693–9441 (facsimile). Contained, Self-Rescuers (SCSRs) certify that the tests were done and record all conducts a pre-clearance consultation SUPPLEMENTARY INFORMATION: program to provide the general public corrective actions. MSHA inspectors use and Federal agencies with an I. Background these records to determine compliance opportunity to comment on proposed The Mine Safety and Health with the standards. It includes collections of information in accordance Administration (MSHA) requires each requirements for compiling, with the Paperwork Reduction Act of operator of an underground coal mine to maintaining, and reporting an inventory 1995, 44 U.S.C. 3506(c)(2)(A). This submit a Mine Emergency Evacuation of all SCSRs at the mine, and for program helps to assure that requested and Firefighting Program of Instruction reporting defects, performance data can be provided in the desired to the District Manager for approval. problems, or malfunctions with SCSRs. format, reporting burden (time and Upon approval by the MSHA District This will assure that MSHA can financial resources) is minimized, Manager, the operator uses the approved investigate SCSR problems, if necessary, collection instruments are clearly program of instruction to implement notify other users of these problems understood, and the impact of collection programs for training miners in before accidents occur and require

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manufacturers to address potential Number of Respondents: 240. hours a day, 7 days a week, 365 days a problems with these critical devices. Frequency: On occasion. year (including federal holidays). Number of Responses: 1,150,400. II. Desired Focus of Comments SUPPLEMENTARY INFORMATION: Comments Annual Burden Hours: 479,282 hours. regarding (a) whether the collection of MSHA is soliciting comments Annual Respondent or Recordkeeper information is necessary for the proper concerning the proposed information Cost: $52,960. performance of the functions of the collection related to Emergency Mine MSHA Forms: MSHA Form 2000–222, agency, including whether the Evacuation. MSHA is particularly Self Contained Self Rescuer (SCSR) information will have practical utility; interested in comments that: Inventory and Report. (b) the accuracy of the agency’s estimate • Evaluate whether the collection of Comments submitted in response to of burden including the validity of the information is necessary for the proper this notice will be summarized and methodology and assumptions used; (c) performance of the functions of the included in the request for Office of ways to enhance the quality, utility and agency, including whether the Management and Budget approval of the clarity of the information to be information has practical utility; information collection request; they will collected; (d) ways to minimize the • Evaluate the accuracy of MSHA’s also become a matter of public record. burden of the collection of information estimate of the burden of the collection Sheila McConnell, on those who are to respond, including of information, including the validity of Certifying Officer. through the use of appropriate the methodology and assumptions used; automated, electronic, mechanical, or • Suggest methods to enhance the [FR Doc. 2016–07007 Filed 3–28–16; 8:45 am] other technological collection quality, utility, and clarity of the BILLING CODE 4510–43–P techniques or other forms of information information to be collected; and technology. Comments regarding these • Minimize the burden of the information collections are best assured collection of information on those who NATIONAL SCIENCE FOUNDATION of having their full effect if received are to respond, including through the within 30 days of this notification. use of appropriate automated, Agency Information Collection Copies of the submission(s) may be electronic, mechanical, or other Activities: Comment Request obtained by calling 703–292–7556. technological collection techniques or AGENCY: National Science Foundation. NSF may not conduct or sponsor a other forms of information technology, Notice; submission for OMB collection of information unless the e.g., permitting electronic submission of ACTION: review; comment request. collection of information displays a responses. currently valid OMB control number The information collection request SUMMARY: The National Science will be available on http:// and the agency informs potential Foundation (NSF) has submitted the persons who are to respond to the www.regulations.gov. MSHA cautions following information collection the commenter against providing any collection of information that such requirement to OMB for review and persons are not required to respond to information in the submission that clearance under the Paperwork should not be publicly disclosed. Full the collection of information unless it Reduction Act of 1995. This is the displays a currently valid OMB control comments, including personal second notice for public comment; the information provided, will be made number. first was published in the Federal Under OMB regulations, the agency available on www.regulations.gov and Register at 81 FR 972, and no comments www.reginfo.gov. may continue to conduct or sponsor the were received. NSF is forwarding the collection of information while this The public may also examine publicly proposed renewal submission to the available documents at USDOL-Mine submission is pending at OMB. Office of Management and Budget Title of Collection: Antarctic Safety and Health Administration, 201 (OMB) for clearance simultaneously 12th South, Suite 4E401, Arlington, VA emergency response plan and with the publication of this second environmental protection information. 22202–5452. Sign in at the receptionist’s notice. The full submission may be desk on the 4th floor via the East OMB Approval Number: 3145–0180. found at: http://www.reginfo.gov/public/ Abstract: NSF, pursuant to the elevator. do/PRAMain. Questions about the information Antarctic Conservation Act of 1978 (16 Submit written comments collection requirements may be directed ADDRESSES: U.S.C. 2401 et seq.) (‘‘ACA’’) regulates to Office of Information and Regulatory to the person listed in the certain non-governmental activities in FOR FURTHER Affairs of OMB, Attention: Desk Officer INFORMATION section of this notice. Antarctica. The ACA was amended in for National Science Foundation, 725 1996 by the Antarctic Science, Tourism, III. Current Actions 17th Street NW. Room 10235, and Conservation Act. On September 7, This request for collection of Washington, DC 20503, and to Suzanne 2001, NSF published a final rule in the information contains provisions for Plimpton, Reports Clearance Officer, Federal Register (66 FR 46739) Emergency Mine Evacuation. MSHA has National Science Foundation, 4201 implementing certain of these statutory updated the data with respect to the Wilson Boulevard, Room 1265, amendments. The rule requires non- number of respondents, responses, Arlington, VA 22230, or by email to governmental Antarctic expeditions burden hours, and burden costs [email protected]. using non-U.S. flagged vessels to ensure supporting this information collection FOR FURTHER INFORMATION CONTACT: Call that the vessel owner has an emergency request. or write, Suzanne Plimpton, Reports response plan. The rule also requires Type of Review: Extension, without Clearance Officer, National Science persons organizing a non-governmental change, of a currently approved Foundation, 4201 Wilson Boulevard, expedition to provide expedition collection. Room 1265, Arlington, VA 22230, or by members with information on their Agency: Mine Safety and Health email to [email protected]. Individuals environmental protection obligations Administration. who use a telecommunications device under the Antarctic Conservation Act. OMB Number: 1219–0141. for the deaf (TDD) may call the Federal Expected Respondents. Respondents Affected Public: Business or other for- Information Relay Service (FIRS) at 1– may include non-profit organizations profit. 800–877–8339, which is accessible 24 and small and large businesses. The

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majority of respondents are anticipated ADDRESSES: You may submit comments White Flint North, 11555 Rockville to be U.S. tour operators, currently by any of the following methods: Pike, Rockville, Maryland 20852. estimated to number fifteen. • Federal Rulemaking Web site: Go to • NRC’s Guidance for License Burden on the Public. The Foundation http://www.regulations.gov and search Renewal and Subsequent License estimates that a one-time paperwork and for Docket ID NRC–2015–0251. Address Renewal site: Guidance for subsequent recordkeeping burden of 40 hours or questions about NRC dockets to Carol license renewal documents are also less, at a cost of $500 to $1400 per Gallagher; telephone: 301–415–3463; available online under the ‘‘Draft respondent, will result from the email: [email protected]. For Guidance Documents for Subsequent emergency response plan requirement technical questions, contact the License Renewal for Public Comment’’ contained in the rule. Presently, all individuals listed in the FOR FURTHER heading at http://www.nrc.gov/reactors/ respondents have been providing INFORMATION CONTACT section of this operating/licensing/renewal/slr/ expedition members with a copy of the document. guidance.html. Mail comments to: Cindy Bladey, Guidance for Visitors to the Antarctic • B. Submitting Comments (prepared and adopted at the Eighteenth Office of Administration, Mail Stop: Antarctic Treaty Consultative Meeting OWFN–12–H08, U.S. Nuclear Please include Docket ID NRC–2015– as Recommendation XVIII–1). Because Regulatory Commission, Washington, 0251 in your comment submission. this Antarctic Treaty System document DC 20555–0001. The NRC cautions you not to include satisfies the environmental protection For additional direction on obtaining identifying or contact information that information requirements of the rule, no information and submitting comments, you do not want to be publicly additional burden shall result from the see ‘‘Obtaining Information and disclosed in your comment submission. environmental information Submitting Comments’’ in the The NRC will post all comment requirements in the proposed rule. SUPPLEMENTARY INFORMATION section of submissions at http:// this document. www.regulations.gov as well as enter the Dated: March 9, 2016. comment submissions into ADAMS. Suzanne H. Plimpton, FOR FURTHER INFORMATION CONTACT: William Holston, Office of Nuclear The NRC does not routinely edit Reports Clearance Officer, National Science comment submissions to remove Foundation. Reactor Regulation; telephone: 301– 415–8573; email: William.Holston@ identifying or contact information. [FR Doc. 2016–05665 Filed 3–28–16; 8:45 am] nrc.gov and Brian Allik, Office of If you are requesting or aggregating BILLING CODE 7555–01–P Nuclear Reactor Regulation, telephone: comments from other persons for 301–415–1082; email: Brian.Allik@ submission to the NRC, then you should nrc.gov. Both are staff of the U.S. inform those persons not to include NUCLEAR REGULATORY Nuclear Regulatory Commission, identifying or contact information that COMMISSION Washington, DC 20555–0001; they do not want to be publicly disclosed in their comment submission. [NRC–2015–0251] SUPPLEMENTARY INFORMATION: Your request should state that the NRC Generic Aging Lessons Learned for I. Obtaining Information and does not routinely edit comment Subsequent License Renewal Report Submitting Comments submissions to remove such information before making the comment and Standard Review Plan for Review A. Obtaining Information of Subsequent License Renewal submissions available to the public or Please refer to Docket ID NRC–2015– Applications for Nuclear Power Plants entering the comment into ADAMS. 0251 when contacting the NRC about II. Background AGENCY: Nuclear Regulatory the availability of information regarding Commission. this action. You may obtain publicly- On December 23, 2015, the NRC ACTION: Supplemental staff guidance; available information related to this published in the Federal Register (80 request for comment. action by any of the following methods: FR 79956) the draft NUREG–2191, • Federal Rulemaking Web site: Go to ‘‘Generic Aging Lessons Learned for SUMMARY: The U.S. Nuclear Regulatory http://www.regulations.gov and search Subsequent License Renewal (GALL– Commission (NRC) is soliciting public for Docket ID NRC–2015–0251. SLR) Report,’’ Vol. I and II and draft comment on supplemental guidance to • NRC’s Agencywide Documents NUREG–2192, ‘‘Standard Review Plan draft NUREG–2191, ‘‘Generic Aging Access and Management System for Review of Subsequent License Lessons Learned for Subsequent License (ADAMS): You may obtain publicly- Renewal Applications for Nuclear Renewal (GALL–SLR) Report,’’ Vol. I available documents online in the Power Plants’’ (SRP–SLR), which are and II, and draft NUREG–2192, ADAMS Public Documents collection at available under ADAMS Accession Nos. ‘‘Standard Review Plan for Review of http://www.nrc.gov/reading-rm/ ML15348A111, ML15348A153, and Subsequent License Renewal adams.html. To begin the search, select ML15348A265, respectively. These draft Applications for Nuclear Power Plants’’ ‘‘ADAMS Public Documents’’ and then documents describe methods acceptable (SRP–SLR). This supplemental guidance select ‘‘Begin Web-based ADAMS to the NRC staff for granting a was developed subsequent to the release Search.’’ For problems with ADAMS, subsequent license renewal (i.e., license of draft NUREG–2191 and NUREG–2192 please contact the NRC’s Public renewal following 60 years of licensed on December 23, 2015. Changes to the Document Room (PDR) reference staff at operation) in accordance with the NRC’s supplemental guidance will be 1–800–397–4209, 301–415–4737, or by license renewal regulations, as well as incorporated into the final versions of email to [email protected]. The draft techniques used by the NRC staff in NUREG–2191 and NUREG–2192. ‘‘GALL–SLR and SRP–SLR evaluating applications for subsequent DATES: Comments must be filed by May Supplemental Staff Guidance’’ is license renewal. 31, 2016. Comments received after this available in ADAMS under Accession The changes described in the GALL– date will be considered, if it is practical No. ML16041A090. SLR and SRP–SLR Supplemental Staff to do so, but the Commission is able to • NRC’s PDR: You may examine and Guidance were developed subsequent to ensure consideration only for comments purchase copies of public documents at the release of the draft versions of received on or before this date. the NRC’s PDR, Room O1–F21, One NUREG–2191 and NUREG–2192 and are

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being released for public comments. NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: Comments received on the changes COMMISSION I. Obtaining Information and proposed in this document will be [NRC–2016–0059] Submitting Comments addressed along with comments A. Obtaining Information received on the draft versions of Biweekly Notice; Applications and NUREG–2191 and NUREG–2192. The Amendments to Facility Operating Please refer to Docket ID NRC–2016– changes will then be incorporated into Licenses and Combined Licenses 0059 when contacting the NRC about the final versions of NUREG–2191 and Involving No Significant Hazards the availability of information for this NUREG–2192. Considerations action. You may obtain publicly- The topical areas addressed in this available information related to this AGENCY: Nuclear Regulatory action by any of the following methods: supplement to the publically-available Commission. • Federal Rulemaking Web site: Go to GALL–SLR Report and SRP–SLR are as ACTION: Biweekly notice. http://www.regulations.gov and search follows: (A) selective leaching of ductile Pursuant to Section 189a. (2) for Docket ID NRC–2016–0059. iron; (B) cracking due to stress corrosion SUMMARY: NRC’s Agencywide Documents of the Atomic Energy Act of 1954, as • cracking and intergranular stress Access and Management System amended (the Act), the U.S. Nuclear corrosion cracking; (C) changes to (ADAMS): You may obtain publicly- Regulatory Commission (NRC) is further evaluation, aging management available documents online in the publishing this regular biweekly notice. program (AMP) XI.M29, ‘‘Aboveground ADAMS Public Documents collection at The Act requires the Commission to Metallic Tanks,’’ AMP XI.M36, http://www.nrc.gov/reading-rm/ publish notice of any amendments adams.html. To begin the search, select ‘‘External Surfaces Monitoring of issued, or proposed to be issued, and ‘‘ADAMS Public Documents’’ and then Mechanical Components,’’ and aging grants the Commission the authority to select ‘‘Begin Web-based ADAMS management review (AMR) line items to issue and make immediately effective Search.’’ For problems with ADAMS, address cracking and loss of material for any amendment to an operating license please contact the NRC’s Public aluminum and stainless steel or combined license, as applicable, Document Room (PDR) reference staff at components; (D) a new title for AMP upon a determination by the 1–800–397–4209, 301–415–4737, or by XI.M29; (E) issuance of LR–ISG–2015– Commission that such amendment email to [email protected]. The 01, ‘‘Changes to Buried and involves no significant hazards ADAMS accession number for each Underground Piping and Tank consideration, notwithstanding the document referenced (if it is available in Recommendations;’’ (F) minor technical pendency before the Commission of a ADAMS) is provided the first time that and editorial changes to AMR line items request for a hearing from any person. it is mentioned in the SUPPLEMENTARY and AMPs; and (G) response to certain This biweekly notice includes all notices of amendments issued, or INFORMATION section of this document. initial comments from the industry as NRC’s PDR: You may examine and proposed to be issued from March 1, • presented at a public meeting on purchase copies of public documents at 2016, to March 14, 2016. The last January 21, 2016. the NRC’s PDR, Room O1–F21, One biweekly notice was published on White Flint North, 11555 Rockville III. Backfitting and Issue Finality March 15, 2016. Pike, Rockville, Maryland 20852. DATES: Comments must be filed by April This supplement contains guidance 28, 2016. A request for a hearing must B. Submitting Comments on one acceptable approach for be filed by May 31, 2016. managing the associated aging effects Please include Docket ID NRC–2016– ADDRESSES: You may submit comments 0059, facility name, unit number(s), during subsequent periods of extended by any of the following methods (unless application date, and subject in your operation for components within the this document describes a different comment submission. scope of subsequent license renewal. method for submitting comments on a The NRC cautions you not to include Issuance of this supplemental guidance specific subject): identifying or contact information that does not constitute backfitting as • Federal Rulemaking Web site: Go to you do not want to be publicly defined in 10 CFR 50.109(a)(1), and the http://www.regulations.gov and search disclosed in your comment submission. NRC staff did not prepare a backfit for Docket ID NRC–2016–0059. Address The NRC posts all comment analysis for issuing this supplement. questions about NRC dockets to Carol submissions at http:// More information is provided under the Gallagher; telephone: 301–415–3463; www.regulations.gov, as well as entering ‘‘Backfitting and Issue Finality’’ section email: [email protected]. the comment submissions into ADAMS. of the supplemental guidance. • Mail comments to: Cindy Bladey, The NRC does not routinely edit Office of Administration, Mail Stop: comment submissions to remove Dated at Rockville, Maryland, this 23rd day OWFN–12–H08, U.S. Nuclear identifying or contact information. of March, 2016. Regulatory Commission, Washington, If you are requesting or aggregating For the Nuclear Regulatory Commission. DC 20555–0001. comments from other persons for Dennis C. Morey, For additional direction on obtaining submission to the NRC, then you should Chief, Aging Management of Reactor Systems information and submitting comments, inform those persons not to include Branch, Division of License Renewal, Office see ‘‘Obtaining Information and identifying or contact information that of Nuclear Reactor Regulation. Submitting Comments’’ in the they do not want to be publicly [FR Doc. 2016–07052 Filed 3–28–16; 8:45 am] SUPPLEMENTARY INFORMATION section of disclosed in their comment submission. this document. BILLING CODE 7590–01–P Your request should state that the NRC FOR FURTHER INFORMATION CONTACT: does not routinely edit comment Sandra Figueroa, Office of Nuclear submissions to remove such information Reactor Regulation, U.S. Nuclear before making the comment Regulatory Commission, Washington DC submissions available to the public or 20555–0001; telephone: 301–415–1262, entering the comment submissions into email: [email protected]. ADAMS.

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

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under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone Time on the due date. Upon receipt of should state the nature and extent of the at 301–415–1677, to request (1) a digital a transmission, the E-Filing system petitioner’s interest in the proceeding. identification (ID) certificate, which time-stamps the document and sends The petition should be submitted to the allows the participant (or its counsel or the submitter an email notice Commission by May 31, 2016. The representative) to digitally sign confirming receipt of the document. The petition must be filed in accordance documents and access the E-Submittal E-Filing system also distributes an email with the filing instructions in the server for any proceeding in which it is notice that provides access to the ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the document to the NRC’s Office of the section of this document, and should Secretary that the participant will be General Counsel and any others who meet the requirements for petitions for submitting a request or petition for have advised the Office of the Secretary leave to intervene set forth in this hearing (even in instances in which the that they wish to participate in the section, except that under § 2.309(h)(2) participant, or its counsel or proceeding, so that the filer need not a State, local governmental body, or representative, already holds an NRC- serve the documents on those Federally-recognized Indian Tribe, or issued digital ID certificate). Based upon participants separately. Therefore, agency thereof does not need to address this information, the Secretary will applicants and other participants (or the standing requirements in 10 CFR establish an electronic docket for the their counsel or representative) must 2.309(d) if the facility is located within hearing in this proceeding if the apply for and receive a digital ID its boundaries. A State, local Secretary has not already established an certificate before a hearing request/ governmental body, Federally- electronic docket. petition to intervene is filed so that they recognized Indian Tribe, or agency Information about applying for a can obtain access to the document via thereof may also have the opportunity to digital ID certificate is available on the the E-Filing system. participate under 10 CFR 2.315(c). NRC’s public Web site at http:// A person filing electronically using If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system who does not wish, or is not qualified, getting-started.html. System may seek assistance by contacting the to become a party to the proceeding requirements for accessing the E- NRC Meta System Help Desk through may, in the discretion of the presiding Submittal server are detailed in the the ‘‘Contact Us’’ link located on the officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// appearance pursuant to the provisions Submission,’’ which is available on the www.nrc.gov/site-help/e- of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// submittals.html, by email to limited appearance may make an oral or www.nrc.gov/site-help/e- [email protected], or by a toll- written statement of position on the submittals.html. Participants may free call at 1–866–672–7640. The NRC issues, but may not otherwise attempt to use other software not listed Meta System Help Desk is available participate in the proceeding. A limited on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern appearance may be made at any session NRC’s E-Filing system does not support Time, Monday through Friday, of the hearing or at any prehearing unlisted software, and the NRC Meta excluding government holidays. conference, subject to the limits and System Help Desk will not be able to Participants who believe that they conditions as may be imposed by the offer assistance in using unlisted have a good cause for not submitting presiding officer. Persons desiring to software. documents electronically must file an make a limited appearance are If a participant is electronically exemption request, in accordance with requested to inform the Secretary of the submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper Commission by May 31, 2016. accordance with the E-Filing rule, the filing requesting authorization to participant must file the document continue to submit documents in paper B. Electronic Submissions (E-Filing) using the NRC’s online, Web-based format. Such filings must be submitted All documents filed in NRC submission form. In order to serve by: (1) First class mail addressed to the adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the request for hearing, a petition for leave Information Exchange System, users Commission, U.S. Nuclear Regulatory to intervene, any motion or other will be required to install a Web Commission, Washington, DC 20555– document filed in the proceeding prior browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and to the submission of a request for site. Further information on the Web- Adjudications Staff; or (2) courier, hearing or petition to intervene, and based submission form, including the express mail, or expedited delivery documents filed by interested installation of the Web browser plug-in, service to the Office of the Secretary, governmental entities participating is available on the NRC’s public Web Sixteenth Floor, One White Flint North, under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, accordance with the NRC’s E-Filing rule submittals.html. Maryland, 20852, Attention: (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a Rulemaking and Adjudications Staff. Filing process requires participants to digital ID certificate and a docket has Participants filing a document in this submit and serve all adjudicatory been created, the participant can then manner are responsible for serving the documents over the internet, or in some submit a request for hearing or petition document on all other participants. cases to mail copies on electronic for leave to intervene. Submissions Filing is considered complete by first- storage media. Participants may not should be in Portable Document Format class mail as of the time of deposit in submit paper copies of their filings (PDF) in accordance with NRC guidance the mail, or by courier, express mail, or unless they seek an exemption in available on the NRC’s public Web site expedited delivery service upon accordance with the procedures at http://www.nrc.gov/site-help/e- depositing the document with the described below. submittals.html. A filing is considered provider of the service. A presiding To comply with the procedural complete at the time the documents are officer, having granted an exemption requirements of E-Filing, at least 10 submitted through the NRC’s E-Filing request from using E-Filing, may require days prior to the filing deadline, the system. To be timely, an electronic a participant or party to use E-Filing if participant should contact the Office of filing must be submitted to the E-Filing the presiding officer subsequently the Secretary by email at system no later than 11:59 p.m. Eastern determines that the reason for granting

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the exemption from use of E-Filing no Task Force (TSTF) Traveler, TSTF–425, in the safety analysis. The proposed changes longer exists. Revision 3, ‘‘Relocate Surveillance are consistent with the safety analysis Documents submitted in adjudicatory Frequencies to Licensee Control— assumptions and current plant operating proceedings will appear in the NRC’s RITSTF Initiative 5b’’ (ADAMS practice. electronic hearing docket which is Therefore, the proposed changes do not Accession No. ML090850642), and are create the possibility of a new or different available to the public at http:// described in the Notice of Availability kind of accident from any accident ehd1.nrc.gov/ehd/, unless excluded published in the Federal Register on previously evaluated. pursuant to an order of the Commission, July 6, 2009 (74 FR 31996). 3. Does the proposed change involve a or the presiding officer. Participants are The proposed changes are consistent significant reduction in a margin of safety? requested not to include personal with NRC-approved TSTF Traveler, Response: No. privacy information, such as social TSTF–425. The proposed changes The design, operation, testing methods, security numbers, home addresses, or relocate surveillance frequencies to a and acceptance criteria for systems, home phone numbers in their filings, licensee-controlled program, the structures, and components (SSCs), specified in applicable codes and standards (or unless an NRC regulation or other law Surveillance Frequency Control requires submission of such alternatives approved for use by the NRC) Program (SFCP). This change is will continue to be met as described in the information. However, in some applicable to licensees using plant licensing basis (including the final instances, a request to intervene will probabilistic risk guidelines contained safety analysis report and bases to TS), since require including information on local in NRC-approved Nuclear Energy these are not affected by changes to the residence in order to demonstrate a Institute (NEI) 04–10, ‘‘Risk-Informed surveillance frequencies. Similarly, there is proximity assertion of interest in the Technical Specifications Initiative 5b, no impact to safety analysis acceptance proceeding. With respect to copyrighted Risk-Informed Method for Control of criteria as described in the plant licensing works, except for limited excerpts that Surveillance Frequencies’’ (ADAMS basis. To evaluate a change in the relocated serve the purpose of the adjudicatory surveillance frequency, Duke Energy will Accession No. ML071360456). perform a probabilistic risk evaluation using filings and would constitute a Fair Use Basis for proposed no significant application, participants are requested the guidance contained in NRC approved NEI hazards consideration determination: 04–10, Revision 1, in accordance with the TS not to include copyrighted materials in As required by 10 CFR 50.91(a), the SFCP. NEI 04–10, Revision 1, methodology their submission. licensee has provided its analysis of the provides reasonable acceptance guidelines Petitions for leave to intervene must issue of no significant hazards and methods for evaluating the risk increase be filed no later than 60 days from the consideration, which is presented of proposed changes to surveillance date of publication of this notice. below: frequencies consistent with Regulatory Guide Requests for hearing, petitions for leave 1.177. to intervene, and motions for leave to 1. Does the proposed change involve a Therefore, the proposed changes do not file new or amended contentions that significant increase in the probability or involve a significant reduction in a margin of are filed after the 60-day deadline will consequences of an accident previously safety. evaluated? not be entertained absent a Response: No. The NRC staff has reviewed the determination by the presiding officer The proposed change relocates the licensee’s analysis and, based on this that the filing demonstrates good cause specified frequencies for periodic review, it appears that the three by satisfying the three factors in 10 CFR surveillance requirements to licensee control standards of 10 CFR 50.92(c) are 2.309(c)(1)(i)-(iii). under a new Surveillance Frequency Control satisfied. Therefore, the NRC staff For further details with respect to Program. Surveillance frequencies are not an proposes to determine that the these license amendment applications, initiator to any accident previously amendment request involves no see the application for amendment evaluated. As a result, the probability of any significant hazards consideration. which is available for public inspection accident previously evaluated is not Attorney for licensee: Kathryn B. significantly increased. The systems and in ADAMS and at the NRC’s PDR. For components required by the technical Nolan, Deputy General Counsel, 550 additional direction on accessing specifications for which the surveillance South Tryon Street, M/C DEC45A, information related to this document, frequencies are relocated are still required to Charlotte, North Carolina 28202. see the ‘‘Obtaining Information and be operable, meet the acceptance criteria for NRC Branch Chief: Benjamin G. Submitting Comments’’ section of this the surveillance requirements, and be Beasley. document. capable of performing any mitigation function assumed in the accident analysis. Entergy Nuclear Operations, Inc., Duke Energy Progress, Inc., Docket Nos. As a result, the consequences of any accident Docket No. 50–333, James A. FitzPatrick 50–325 and 50–324, Brunswick Steam previously evaluated are not significantly Nuclear Power Plant (JAF), Oswego Electric Plant, Units 1 and 2, Brunswick increased. County, New York County, North Carolina Therefore, the proposed change does not Date of amendment request: February involve a significant increase in the Date of amendment request: probability or consequences of an accident 4, 2016. A publicly-available version is December 21, 2015. A publicly-available previously evaluated. in ADAMS under Package Accession version is in ADAMS under Accession 2. Does the proposed change create the No. ML16043A424. No. ML16004A249. possibility of a new or different kind of Description of amendment request: Description of amendment request: accident from any accident previously The amendment would revise the JAF This amendment request would adopt evaluated? Emergency Plan to reduce the the approved changes to the standard Response: No. Emergency Response Organization technical specifications for General No new or different accidents result from (ERO) positions that the licensee Electric Plants Boiling Water Reactor utilizing the proposed change. The changes considers unnecessary to effectively (BWR/4) per NUREG–1433, Revision 4, do not involve a physical alteration of the respond to credible accidents following plant (i.e., no new or different type of to allow relocation of specific technical equipment will be installed) or a change in permanent defueling. The proposed specification (TS) surveillance the methods governing normal plant amendment would not be effective until frequencies to a licensee-controlled operation. In addition, the changes do not the certification of permanent cessation program. The proposed changes are impose any new or different requirements. of operation and certification of described in Technical Specification The changes do not alter assumptions made permanent removal of fuel from the

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reactor vessel are submitted to the NRC. Response: No. 1. Does the proposed change involve a The licensee has provided a formal Margin of safety is associated with significant increase in the probability or notification to the NRC of the intention confidence in the ability of the fission consequences of an accident previously to permanently cease power operations product barriers (i.e., fuel cladding, reactor evaluated? coolant system pressure boundary, and Response: No. of JAF at the end of the current containment structure) to limit the level of The proposed change allows temporary operating cycle. Once certifications for radiation dose to the public. The proposed conditions during which secondary permanent cessation of operation and changes are associated with the JAF containment SR 3.6.4.1.2 is not met. The permanent removal of fuel from the Emergency Plan staffing and do not impact secondary containment is not an initiator of reactor are submitted to the NRC, operation of the plant or its response to any accident previously evaluated. As a reactor operation is no longer transients or accidents. The change does not result, the probability of any accident authorized and the spectrum of credible affect the Technical Specifications. The previously evaluated is not increased. The proposed changes do not involve a change in consequences of an accident previously accidents at the facility will be reduced. evaluated while utilizing the proposed The licensee states that certain on-shift the method of plant operation, and no accident analyses will be affected by the change are no different than the positions for the ERO that are needed proposed changes. Safety analysis acceptance consequences of an accident while utilizing during normal reactor operation will no criteria are not affected by the proposed the existing 4-hour Completion Time for an longer be necessary to protect the public changes. The revised JAF Emergency Plan inoperable secondary containment. As a health and safety from the risks will continue to provide the necessary result, the consequences of an accident associated with spent fuel storage and response staff with the proposed changes. previously evaluated are not significantly Therefore, the proposed amendment does increased. decommissioning activities. Therefore, the proposed change does not not involve a significant reduction in a Basis for proposed no significant involve a significant increase in the margin of safety. hazards consideration determination: probability or consequences of an accident As required by 10 CFR 50.91(a), the The NRC staff has reviewed the previously evaluated. licensee has provided its analysis of the licensee’s analysis and, based on this 2. Does the proposed change create the issue of no significant hazards review, it appears that the three possibility of a new or different kind of accident from any accident previously consideration, which is presented standards of 10 CFR 50.92(c) are below: evaluated? satisfied. Therefore, the NRC staff Response: No. 1. Does the proposed amendment involve proposes to determine that the The proposed change does not alter the a significant increase in the probability or amendment request involves no protection system design, create new failure consequences of an accident previously significant hazards consideration. modes, or change any modes of operation. evaluated? Attorney for licensee: Ms. Jeanne Cho, The proposed change does not involve a Response: No. Assistant General Counsel, Entergy physical alteration of the plant, and no new The proposed changes to the JAF or different kind of equipment will be Emergency Plan do not impact the function Nuclear Operations, Inc., 440 Hamilton installed. Consequently, there are no new of plant structures, systems, or components Avenue, White Plains, New York 10601. initiators that could result in a new or (SSCs). The proposed changes do not affect NRC Branch Chief: Meena K. Khanna. different kind of accident. accident initiators or precursors, nor does it Therefore, the proposed change does not alter design assumptions. The proposed Exelon Generation Company, LLC, create the possibility of a new or different changes do not prevent the ability of the on- Docket Nos. 50–237 and 50–249, kind of accident from any accident shift staff and ERO to perform their intended Dresden Nuclear Power Station, Units 2 previously evaluated. functions to mitigate the consequences of any and 3, Grundy County, Illinois 3. Does the proposed change involve a accident or event that will be credible in the significant reduction in a margin of safety? permanently defueled condition. The Exelon Generation Company, LLC, Response: No. proposed changes only remove positions that Docket Nos. 50–373 and 50–374, LaSalle The proposed change allows temporary will no longer be credited in the JAF County Station, Units 1 and 2, LaSalle conditions during which secondary Emergency Plan in the permanently defueled County, Illinois containment SR 3.6.4.1.2 is not met. The condition. allowance for both an inner and outer Therefore, the proposed amendment does Exelon Generation Company, LLC, secondary containment access door to be not involve a significant increase in the Docket Nos. 50–254 and 50–265, Quad open simultaneously for entry and exit does probability or consequences of an accident Cities Nuclear Power Station, Units 1 not affect the safety function of the secondary previously evaluated. and 2, Rock Island County, Illinois containment as the doors are promptly closed 2. Does the proposed amendment create after entry or exit, thereby restoring the the possibility of a new or different kind of Date of amendment request: February secondary containment boundary. In accident from any accident previously 3, 2016. A publicly-available version is addition, brief, inadvertent, simultaneous evaluated? in ADAMS under Accession No. opening and closing of redundant secondary Response: No. ML16034A542. containment access doors during normal The proposed changes reduce the number Description of amendment request: entry and exit conditions does not affect the of on-shift and ERO positions commensurate The proposed change would revise ability of the Standby Gas Treatment system with the hazards associated with a to establish the required secondary Surveillance Requirement (SR) 3.6.4.1.2, containment vacuum. permanently shutdown and defueled facility. for each facility, to provide an The proposed changes do not involve Therefore, the safety function of the installation of new equipment or allowance for brief, inadvertent, secondary containment is not affected. modification of existing equipment, so that simultaneous opening of redundant Therefore, the proposed change does not no new equipment failure modes are secondary containment access doors involve a significant reduction in a margin of introduced. Also, the proposed changes do during normal entry and exit safety. not result in a change to the way that the conditions. The NRC staff has reviewed the equipment or facility is operated so that no Basis for proposed no significant licensee’s analysis and, based on this new accident initiators are created. hazards consideration determination: review, it appears that the three Therefore, the proposed amendment does not create the possibility of a new or different As required by 10 CFR 50.91(a), the standards of 10 CFR 50.92(c) are kind of accident from any previously licensee has provided its analysis of the satisfied. Therefore, the NRC staff evaluated. issue of no significant hazards proposes to determine that the 3. Does the proposed amendment involve consideration, which is presented requested amendments involve no a significant reduction in a margin of safety? below: significant hazards consideration.

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Attorney for licensee: Bradley Fewell, kind of accident from any accident impact any safety analysis. The proposed Associate General Counsel, Exelon previously evaluated. amendment does not impose any new Generation Company, LLC, 4300 3. Does the proposed amendment involve radiological hazards to the plant staff or the Winfield Road, Warrenville, Illinois a significant reduction in a margin of safety? public. Response: No. Therefore, the proposed amendment does 60555. The proposed change revises the limits on not involve an increase in the probability or Acting NRC Branch Chief: Justin C. noble gas radioactivity in the primary consequences of an accident previously Poole. coolant. The proposed change is consistent evaluated. Exelon Generation Company, LLC, with the assumptions in the safety analyses 2. Does the proposed amendment create Docket No. 50–244, R.E. Ginna Nuclear and will ensure the monitored values protect the possibility of a new or different kind of the initial assumptions in the safety analyses. accident from any accident previously Power Plant, Wayne County, New York Based upon the reasoning presented above evaluated? Date of amendment request: February and the previous discussion of the Response: No. 4, 2016. A publicly-available version is amendment request, the requested change This license amendment request revises TS in ADAMS under Accession No. does not involve a significant hazards 5.5.3.b and TS 5.5.3.g consistent with two ML16035A015. consideration. changes proposed in TSTF–258–A. The Description of amendment request: Therefore, the proposed changes do not amendment will not change any equipment, The amendment would revise R.E. involve a significant reduction in a margin of does not require new equipment to be safety. installed, and will not change the way Ginna Nuclear Power Plant’s Technical The NRC staff has reviewed the current equipment operates or is maintained. Specifications limit for Reactor Coolant No credible failure mechanisms, System (RCS) gross specific activity licensee’s analysis and, based on this malfunctions, or accident initiators are with a new limit based upon RCS noble review, it appears that the three created by the proposed amendment. gas specific activity. standards of 10 CFR 50.92(c) are Therefore, the proposed amendment does Basis for proposed no significant satisfied. Therefore, the NRC staff not create the possibility of a new or different hazards consideration determination: proposes to determine that the kind of accident from any accident As required by 10 CFR 50.91(a), the amendment request involves no previously evaluated. licensee has provided its analysis of the significant hazards consideration. 3. Does the proposed amendment involve issue of no significant hazards Attorney for licensee: Tamra Domeyer, a significant reduction in a margin of safety? Associate General Counsel, Exelon Response: No. consideration, which is presented This license amendment request revises TS below: Generation Company, LLC, 4300 5.5.3.b and TS 5.5.3.g consistent with two Winfield Road, Warrenville, Illinois 1. Does the proposed amendment involve changes proposed in TSTF–258–A. The a significant increase in the probability or 60555. amendment has no effect on the design, consequences of an accident previously NRC Branch Chief: Travis L. Tate. testing, maintenance, or operation of plant evaluated? FirstEnergy Nuclear Operating structures, systems, or components. The proposed amendment does not affect any Response: No. Company, et al., Docket No. 50–346, Reactor coolant specific activity is not an safety analysis. initiator for any accident previously Davis-Besse Nuclear Power Station, Unit Therefore, the proposed amendment does evaluated. The Completion Time when No. 1, Ottawa County, Ohio not involve a significant reduction in a primary coolant gross activity is not within Date of application for amendment: margin of safety. limit is not an initiator for any accident February 9, 2016. A publicly-available The NRC staff has reviewed the previously evaluated. The current variable version is in ADAMS under Accession limit on primary coolant iodine licensee’s analysis and, based on this concentration is not an initiator to any No. ML16041A115 review, it appears that the three accident previously evaluated. As a result, Description of amendment request: standards of 10 CFR 50.92(c) are the proposed change does not significantly The amendment would revise the satisfied. Therefore, the NRC staff increase the probability of an accident. The technical specifications (TS) proposes to determine that the proposed change will limit primary coolant requirements for limitations on the amendment request involves no noble gases to concentrations consistent with radioactive material released in liquid significant hazards consideration. the accident analyses. The proposed change and gaseous effluents and the references Attorney for licensee: David W. to the Completion Time has no impact on the for the radioactive material effluent consequences of any design basis accident Jenkins, Attorney, FirstEnergy since the consequences of an accident during requirements. Corporation, Mail Stop A–GO–15, 76 the extended Completion Time are the same Basis for proposed no significant South Main Street, Akron, Ohio 44308. as the consequences of an accident during hazards consideration determination: [Acting] NRC Branch Chief: Justin C. the Completion Time. As a result, the As required by 10 CFR 50.91(a), the Poole. consequences of any accident previously licensee has provided its analysis of the evaluated are not significantly increased. issue of no significant hazards Florida Power & Light Company, et al., Therefore, the proposed changes do not consideration, which is presented Docket Nos. 50–335 and 50–389, St. involve a significant increase in the below, along with NRC edits in square Lucie Plant, Unit Nos. 1 and 2, St. Lucie probability or consequences of an accident brackets: County, Florida previously evaluated. 2. Does the proposed amendment create 1. Does the proposed amendment involve Date of amendment request: January the possibility of a new or different kind of a significant increase in the probability or 19, 2016. A publicly-available version is accident from any accident previously consequences of an accident previously in ADAMS under Accession No. evaluated? evaluated? ML16033A472. Response: No. Response: No. Description of amendment request: The proposed change in specific activity This license amendment request revises TS The amendments would revise the limits does not alter any physical part of the 5.5.3.b and TS 5.5.3.g consistent with two Operating Licenses’ licensing basis to plant nor does it affect any plant operating changes proposed in [Technical Specification parameter. The change does not create the Task Force] TSTF–258–A. The amendment allow elimination of the end-of-cycle potential for a new or different kind of has no effect on the design, testing, or moderator temperature coefficient accident from any previously calculated. operation of plant structures, systems, or (MTC) surveillance test as supported by Therefore, the proposed changes do not components. The proposed amendment does NRC-Approved Topical Report CE create the possibility of a new or different not affect any accident initiators and does not NPSD–911–A and Amendment 1–A,

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‘‘Analysis of Moderator Temperature installed) or a change in the methods licensing basis documents. The Coefficients in Support of a Change in governing normal plant operation. proposed changes are consistent with the Technical Specification End-of- Therefore, the proposed changes do not those generically approved in WCAP– Cycle Negative MTC Limit,’’ and St. create the possibility of a new or different 17524–P–A, Revision 1, ‘‘AP1000 Core kind of accident from any accident Lucie specific supporting information. previously evaluated. Reference Report.’’ Basis for proposed This amendment request also proposes 3. Does the proposed change involve a no significant hazards consideration to add previously NRC approved significant reduction in a margin of safety? determination: As required by 10 CFR Westinghouse PARAGON Topical Response: No. 50.91(a), the licensee has provided its Report WCAP–16045–P–A, Revision 0, A change is proposed to eliminate the analysis of the issue of no significant ‘‘Qualification of the Two-Dimensional measurement of EOC MTC if the BOC hazards consideration, which is Transport Code PARAGON,’’ to the measurements are within a given tolerance of presented below: the design values. The Topical Report CE Units 1 and 2 Technical Specification 1. Does the proposed amendment involve list of Core Operating Limits Report NPSD–911–A and Amendment 1–A, with additional justification provided in this a significant increase in the probability or (COLR) methodologies. amendment request, concluded that the risk consequences of an accident previously Basis for proposed no significant of not measuring the EOC MTC is acceptably evaluated? Response: No. hazards consideration determination: small provided that the BOC measured The proposed changes will revise the As required by 10 CFR 50.91(a), the values are within a specific tolerance of the licensing basis documents related to the fuel licensee has provided its analysis of the design values. Also, WCAP–16045–P–A system design, nuclear design, thermal proposed to be added to TS 6.9.1.11, has issue of no significant hazards hydraulic design, and accident analyses. consideration, which is presented been previously approved by the NRC for The UFSAR Chapter 15 accident analyses below: licensing applications to be used consistent describe the analyses of various design basis with the approved methodologies. 1. Does the proposed change involve a transients and accidents to demonstrate Therefore, the proposed changes do not compliance of the AP1000 design with the significant increase in the probability or involve a significant reduction in a margin of consequences of an accident previously acceptance criteria for these events. The safety. acceptance criteria for the various events are evaluated? based on meeting the relevant regulations, Response: No. The NRC staff has reviewed the general design criteria, the Standard Review A change is proposed to eliminate the licensee’s analysis and, based on this Plan, and are a function of the anticipated measurement of end-of-cycle (EOC) review, it appears that the three frequency of occurrence of the event and moderator temperature coefficient (MTC) if standards of 50.92(c) are satisfied. potential radiological consequences to the the beginning-of-cycle (BOC) measurements Therefore, the NRC staff proposes to public. As such, each design-basis event is are within a given tolerance of the design determine that the amendment request categorized accordingly based on these values. MTC is not an initiator of any involves no significant hazards considerations. As discussed in Section 5.3 accident previously evaluated. Consequently, consideration. of WCAP–17524–P–A Revision 1, the revised the probability of an accident previously Attorney for licensee: William S. accident analyses maintain their plant evaluated is not significantly increased. Blair, Managing Attorney—Nuclear, conditions, and thus their frequency The EOC MTC value is an important designation and consequence level as assumption in determining the consequences Florida Power & Light Company, 700 Universe Boulevard, MS LAW/JB, Juno previously evaluated. As confirmed in the of accidents previously evaluated. The Safety Evaluation Report (SER), the revised analysis presented in the Topical Report CE Beach, Florida 33408–0420. analyses meet the applicable guidelines in NPSD–911–A and Amendment 1–A, with NRC Branch Chief: Benjamin G. the Standard Review Plan. additional justification provided in this Beasley. Therefore, the proposed amendment does amendment request, determined that the EOC Southern Nuclear Operating Company, not involve an increase in the probability or MTC will be within design limits if the BOC consequences of an accident previously MTC design values are within a given Docket Nos. 52–025 and 52–026, Vogtle evaluated. tolerance of the measured values. Therefore, Electric Generating Plant (VEGP), Units 2. Does the proposed amendment create the EOC MTC will continue to be within 3 and 4, Burke County, Georgia the possibility of a new or different kind of design limits and the consequences of Date of amendment request: January accident from any accident previously accidents will continue to be as previously evaluated? evaluated. 29, 2016. A publicly-available version is in ADAMS under Accession No. Response: No. The addition of WCAP–16045–P–A, which The proposed changes will revise the has been previously approved by the NRC for ML16029A476. licensing basis documents related to the fuel licensing applications to TS 6.9.1.11.b, is an Description of amendment request: system design, nuclear design, thermal administrative change which has no impact The proposed change would amend hydraulic design, and accident analyses. on the probability or consequences of any Combined License Nos. NPF–91 and The proposed changes would not introduce accident previously evaluated. NPF–92 for the Vogtle Electric a new failure mode, fault, or sequence of As a result, the proposed changes do not Generating Plant Units 3 and 4. The events that could result in a radioactive involve a significant increase in the requested amendment proposes to material release. The proposed changes do probability or consequences of an accident depart from approved AP1000 Design not alter the design, configuration, or method previously evaluated. of operation of the plant beyond standard 2. Does the proposed change create the Control Documents (DCD) Tier 2 functional capabilities of the equipment. possibility of a new or different kind of information (text, tables, and figures) Therefore, this activity does not create the accident from any accident previously and involved Tier 2* information (as possibility of a new or different kind of evaluated? incorporated into the Updated Final accident from any accident previously Response: No. Safety Analysis Report (UFSAR) as evaluated. A change is proposed to eliminate the plant specific DCD information), and 3. Does the proposed amendment involve measurement of EOC MTC if the BOC also involves a change to the plant- a significant reduction in a margin of safety? measurements are within a given tolerance of specific Technical Specifications. Response: No. the design values. Also, a new previously Specifically, the amendment request The proposed changes will revise the approved methodology is proposed to be licensing basis documents related to the fuel included in the TS list of COLR proposed changes to the plant-specific system design, nuclear design, thermal methodologies. The proposed changes do not AP1000 fuel system design, nuclear hydraulic design, and accident analyses. involve a physical alteration of the plant (no design, thermal hydraulic design, and Safety margins are applied at many levels new or different type of equipment will be accident analyses as described in the to the design and licensing basis functions

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and to the controlling values of parameters to assessment need be prepared for these The Commission’s related evaluation account for various uncertainties and to amendments. If the Commission has of the amendment is contained in an SE avoid exceeding regulatory or licensing prepared an environmental assessment dated March 8, 2016. limits. UFSAR Subsection 4.1.1 presents the under the special circumstances No significant hazards consideration Principle Design Requirements imposed on the fuel and control rod mechanism design provision in 10 CFR 51.22(b) and has comments received: No. to ensure that the performance and safety made a determination based on that FirstEnergy Nuclear Operating criteria described in UFSAR Chapter 4 and assessment, it is so indicated. Company, et al., Docket No. 50–346, For further details with respect to the Chapter 15 are met. The revised fuel system Davis-Besse Nuclear Power Station design, nuclear design, thermal hydraulic action see (1) the applications for (DBNPS), Unit No. 1, Ottawa County, design, and accident analyses maintain the amendment, (2) the amendment, and (3) Ohio same Principle Design Requirements, and the Commission’s related letter, Safety further, satisfy the applicable regulations, Evaluation and/or Environmental Date of application for amendment: general design criteria, and Standard Review March 12, 2015, as supplemented by Plan. The effects of the changes do not result Assessment as indicated. All of these items can be accessed as described in letter dated May 6, 2015. in a significant reduction in margin for any Brief description of amendment: This safety function, and were evaluated in the the ‘‘Obtaining Information and Safety Evaluation Report for WCAP–17524– Submitting Comments’’ section of this amendment revises the operating P–A Revision 1 and found to be acceptable. document. license to extend the completion date Therefore, the proposed change does not for full implementation of the DBNPS involve a significant reduction in a margin of Duke Energy Progress Inc., Docket No. cyber security plan to December 31, safety. 50–261, H. B. Robinson Steam Electric 2017. Plant, Unit No. 2, Darlington County, The NRC staff has reviewed the Date of issuance: March 8, 2016. South Carolina licensee’s analysis and, based on this Effective date: As of the date of review, it appears that the three Duke Energy Progress Inc., Docket No. issuance and shall be implemented standards of 10 CFR 50.92(c) are 50–400, Shearon Harris Nuclear Power within 30 days from the date of satisfied. Therefore, the NRC staff Plant, Unit 1, Wake County, North issuance. Amendment No.: 290. A publicly- proposes to determine that the Carolina available version is in ADAMS under amendment request involves no Date of amendment request: March 5, Accession No. ML15302A075. significant hazards consideration. 2015, as supplemented by letters dated Documents related to this amendment Attorney for licensee: Mr. M. Stanford August 10, 2015, December 17, 2015 Blanton, Balch & Bingham LLP, 1710 are listed in the safely evaluation and February 1, 2016, respectively. enclosed with the amendment. Sixth Avenue North, Birmingham, Brief description of amendments: The Renewed Facility Operating License Alabama 35203–2015. amendments revised Robinson No. NPF–3: Amendment revised the Acting NRC Branch Chief: John Technical Specification (TS) 5.6.5.b and Renewed Facility Operating License. McKirgan. Harris TS 6.9.1.6.2 to adopt the reactor Date of notice in Federal Register: III. Notice of Issuance of Amendments core design methodology report DPC– May 5, 2015 (80 FR 25720). The to Facility Operating Licenses and NE–2005–P–A, ‘‘Thermal-Hydraulic supplemental letter dated May 6, 2015, Combined Licenses Statistical Core Design Methodology,’’ provided additional information that for application to Robinson and Harris. During the period since publication of clarified the application, did not expand The approval of the methodology report the scope of the application as originally the last biweekly notice, the revision added Appendix H specifically Commission has issued the following noticed, and did not change the staff’s reviewed for Robinson and Appendix I original proposed no significant hazards amendments. The Commission has specifically reviewed for Harris, to use determined for each of these consideration determination as at each facility. published in the Federal Register. amendments that the application Date of issuance: March 8, 2016. The Commission’s related evaluation complies with the standards and Effective date: As of the date of of the amendment is contained in a requirements of the Atomic Energy Act issuance and shall be implemented safety evaluation dated March 8, 2016. of 1954, as amended (the Act), and the within 120 days of issuance. No significant hazards consideration Commission’s rules and regulations. Amendment Nos.: 148 and 244. A comments received: No. The Commission has made appropriate publicly-available version is in ADAMS findings as required by the Act and the under Accession No. ML16049A630; Florida Power & Light Company, Docket Commission’s rules and regulations in documents related to the amendments Nos. 50–335 and 50–389, St. Lucie 10 CFR Chapter I, which are set forth in are listed in the Safety Evaluation (SE) Plant, Unit Nos. 1 and 2, St. Lucie the license amendment. enclosed with the amendments. County, Florida A notice of consideration of issuance Renewed Facility Operating License Date of amendment requests: March of amendment to facility operating Nos. DPR–23 and NPF–63: The 10, 2015, as supplemented by a letter license or combined license, as amendments revised the Facility dated December 15, 2015. applicable, proposed no significant Operating Licenses and TSs. Brief description of amendments: The hazards consideration determination, Date of initial notice in Federal amendments remove Technical and opportunity for a hearing in Register: August 4, 2015 (80 FR 46342). Specification (TS) 3/4.9.5 related to connection with these actions, was The supplemental letters dated August communication during core alteration published in the Federal Register as 10, 2015, December 17, 2015, and and TS 3/4.9.6 related to manipulator indicated. February 1, 2016, provided additional crane operability from the TSs and Unless otherwise indicated, the information that clarified the require inclusion of those specifications Commission has determined that these application, did not expand the scope of in the Updated Final Safety Analysis amendments satisfy the criteria for the application as originally noticed, Report. categorical exclusion in accordance and did not change the staff’s original Date of issuance: March 7, 2016. with 10 CFR 51.22. Therefore, pursuant proposed no significant hazards Effective date: As of the date of to 10 CFR 51.22(b), no environmental consideration determination as issuance and shall be implemented impact statement or environmental published in the Federal Register. within 60 days of issuance.

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Amendment Nos.: 230 and 180. A No significant hazards consideration April 10, 2015; November 25, 2015; and publicly-available version is in ADAMS comments received: No. February 3, 2016. under Accession No. ML16034A080; Brief description of amendments: The Pacific Gas and Electric Company, documents related to these amendments amendments created new Technical Docket Nos. 50–275 and 50–323, Diablo are listed in the Safety Evaluation (SE) Specification (TS) 3.9.2.1, ‘‘Refueling Canyon Nuclear Power Plant, Unit Nos. enclosed with the amendments. Operations/Unborated Water Source 1 and 2 (DCPP), San Luis Obispo Renewed Facility Operating License Isolation Valves,’’ to isolate unborated County, California Nos. DPR–67 and NPF–16: Amendments water sources in Mode 6 (Refueling) and revised the Renewed Facility Operating Date of application for amendments: revised the existing TS 3.9.2, ‘‘Refueling Licenses and TSs. April 16, 2015. Operations/Instrumentation,’’ to support Date of initial notice in Federal Brief description of amendments: The using the Gamma-Metrics post-accident Register: October 13, 2015 (80 FR amendments revised the Best Estimate neutron monitors for neutron flux 61483). The supplemental letter dated Analyzer for the Core Operations- indication during Mode 6. TS 3.9.2 is December 15, 2015, provided additional Nuclear (BEACON) power distribution renumbered as TS 3.9.2.2, and the TS information that clarified the monitoring system methodology language is reworded to be consistent application, did not expand the scope of described in the DCPP Updated Final with the language in NUREG–1431, the application as originally noticed, Safety Analysis Report (UFSAR) Section Revision 4, ‘‘Standard Technical and did not change the staff’s original 4.3.2.2, ‘‘Power Distribution,’’ to the Specifications, Westinghouse Plants.’’ proposed no significant hazards method described in the Westinghouse These amendments also remove the consideration determination as Electric Company LLC (Westinghouse) existing requirement for the audible published in the Federal Register. proprietary topical report (TR) WCAP– indication of the source range neutron The Commission’s related evaluation 12472–P–A, Addendum 4, ‘‘BEACON flux monitor in the containment and the of the amendment is contained in an SE Core Monitoring and Operation Support control room during Mode 6. dated March 7, 2016. System.’’ The amendments also revised Date of issuance: March 7, 2016. No significant hazards consideration Technical Specification (TS) 5.6.5, Effective date: As of the date of comments received: No. ‘‘CORE OPERATING LIMITS REPORT issuance and shall be implemented (COLR),’’ Section b to replace within 120 days of issuance. Florida Power & Light Company, et al., Westinghouse proprietary TR WCAP– Amendment Nos.: 311 (Unit No. 1) Docket Nos. 50–335 and 50–389, St. 11596–P–A, ‘‘Qualification of the and 292 (Unit No. 2). A publicly- Lucie Plant, Unit Nos. 1 and 2, St. Lucie PHOENIX–P/ANC Nuclear Design available version is in ADAMS under County, Florida System for Pressurized Water Reactor Accession No. ML16035A087; Date of amendment request: July 15, Cores,’’ with NRC-approved proprietary documents related to these amendments 2015, as supplemented by letter dated TR WCAP–16045–P–A, ‘‘Qualification are listed in the Safety Evaluation December 15, 2015. of the Two-Dimensional Transport Code enclosed with the amendments. Brief description of amendments: The PARAGON,’’ and NRC-approved Renewed Facility Operating License amendments revise the technical proprietary TR WCAP–16045–P–A, Nos. DPR–70 and DPR–75: Amendments specification (TS) to ensure consistency Addendum 1–A, ‘‘Qualification of the revised the Renewed Facility Operating between the two units in the required NEXUS Nuclear Data Methodology.’’ Licenses and TSs. Date of initial notice in Federal actions for inoperability of auxiliary Date of issuance: March 6, 2016. Register: May 26, 2015 (80 FR 30101). feedwater pumps. Effective date: As of its date of The supplemental letters dated Date of Issuance: March 7, 2016. issuance and shall be implemented prior to MODE 4 at the start of Cycle 21 November 25, 2015, and February 3, Effective Date: As of the date of for Unit 1, and for Unit 2 prior to MODE 2016, provided additional information issuance and shall be implemented 4 at the start of Cycle 20. that clarified the application, did not within 90 days of issuance. Amendment Nos.: Unit 1—224; Unit expand the scope of the application as Amendment Nos.: 229 (Unit No. 1) 2—226. A publicly-available version is originally noticed, and did not change and 179 (Unit No. 2). A publicly- in ADAMS under Accession No. the staff’s original proposed no available version is in ADAMS under ML16055A359; documents related to significant hazards consideration Accession No. ML15356A611; these amendments are listed in the determination as published in the documents related to these amendments Safety Evaluation enclosed with the Federal Register. are listed in the Safety Evaluation amendments. The Commission’s related evaluation enclosed with the amendments. Facility Operating License Nos. DPR– of the amendment is contained in a Renewed Facility Operating License 80 and DPR–82: The amendments Safety Evaluation dated March 7, 2016. Nos. DPR–67 and NPF–16: Amendments revised the Facility Operating Licenses, No significant hazards consideration revised the TSs. TSs, and UFSAR. comments received: No. Date of initial notice in Federal Date of initial notice in Federal Southern Nuclear Operating Company, Register: November 24, 2015 (80 FR Register: June 9, 2015 (80 FR 32628). Inc., Georgia Power Company, 73237). The supplemental letter dated The Commission’s related evaluation Oglethorpe Power Corporation, December 15, 2015, provided additional of the amendments is contained in a Municipal Electric Authority of Georgia, information that clarified the Safety Evaluation dated March 9, 2016. application, did not expand the scope of No significant hazards consideration City of Dalton, Georgia, Docket Nos. 50– the application as originally noticed, comments received: No. 321 and 50–366, Edwin I. Hatch Nuclear and did not change the staff’s original Plant, Units 1 and 2, Appling County, proposed no significant hazards PSEG Nuclear LLC, Docket Nos. 50–272 Georgia consideration determination as and 50–311, Salem Nuclear Generating Date of amendment request: August 4, published in the Federal Register. Station, Unit Nos. 1 and 2, Salem 2015. The Commission’s related evaluation County, New Jersey Brief description of amendments: The of the amendments is contained in a Date of amendment request: March 9, amendments corrected the Edwin I. Safety Evaluation dated March 7, 2016. 2015, as supplemented by letters dated Hatch Nuclear Plant (HNP), Unit 1,

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Renewed Facility Operating License Safety Evaluation enclosed with the application, did not expand the scope of (RFOL) and the HNP, Units 1 and 2, amendments. the application as originally noticed, Technical Specifications (TSs). Facility Operating License Nos. NPF– and did not change the staff’s original Specifically, the amendments correct 10 and NPF–15: The amendments proposed no significant hazards typographical errors in the HNP, Unit 1, revised the Facility Operating Licenses. consideration determination as RFOL, and HNP, Unit 2, TS, and add the Date of initial notice in Federal published in the Federal Register. term STAGGERED TEST BASIS to TS Register: November 10, 2015 (80 FR The Commission’s related evaluation Section 1.1, ‘‘Definitions,’’ of the HNP, 69715). The supplemental letters dated of the amendments is contained in a Units 1 and 2, TS. November 19, 2015, and January 12, Safety Evaluation dated February 29, Date of issuance: March 7, 2016. 2016, provided additional information 2016. Effective date: As of the date of that clarified the application, did not No significant hazards consideration issuance and shall be implemented expand the scope of the application as comments received: No. within 90 days of issuance. originally noticed, and did not change Amendment Nos.: 276 and 220. A the staff’s original proposed no IV. Notice of Issuance of Amendment to publicly-available version is in ADAMS significant hazards consideration Renewed Facility Operating License, under Accession No. ML16043A101; determination as published in the Determination of No Significant documents related to these amendments Federal Register. Hazards Consideration, and are listed in the Safety Evaluation The Commission’s related evaluation Opportunity for Hearing (Exigent Public enclosed with the amendments. of the amendments is contained in a Announcement or Emergency Facility Operating License Nos. DPR– Safety Evaluation dated March 11, 2016. Circumstances) 57 and NPF–5: Amendments revised the No significant hazards consideration South Carolina Electric & Gas Company, Facility Operating Licenses and comments received: No. South Carolina Public Service Technical Specifications. Virginia Electric and Power Company, Authority, Docket No. 50–395, Virgil C. Date of initial notice in Federal et al., Docket Nos. 50–280 and 50–281, Summer Nuclear Station, Unit No. 1, Register: November 10, 2015 (80 FR Surry Power Station, Units 1 and 2, Fairfield County, South Carolina 69717). The Commission’s related evaluation Surry County, Virginia Date of amendment request: March 1, of the amendment is contained in a Date of amendment request: January 2016, as supplemented by letter dated Safety Evaluation dated March 7, 2016. 14, 2015, as supplemented by letters March 3, 2016. No significant hazards consideration dated February 19, August 19, December Brief description of amendment: The comments received: No. 3, 2015 and January 25, 2016. amendment revised Technical Brief description of amendments: The Specification (TS) 3.7.1.2, ‘‘Plant Southern California Edison Company, et licensee requested to adopt the U.S. Systems—Emergency Feedwater al., Docket Nos. 50–361 and 50–362, San Nuclear Regulatory Commission- System,’’ action statement b for two Onofre Nuclear Generating Station, approved Technical Specifications Task emergency feedwater pumps being Units 2 and 3, San Diego County, Force (TSTF) Standard Technical inoperable by adding a note to the California Specifications Change Traveler TSTF– statement ‘‘be in at least HOT Date of amendment request: August 523, Revision 2, ‘‘Generic Letter 2008– STANDBY within 6 hours’’ that extends 20, 2015, as supplemented by letters 01, Managing Gas Accumulation’’ this time period to 24 hours. The dated November 19, 2015, and January (ADAMS Accession No. ML13053A075), extended action duration is needed to 12, 2016. dated February 21, 2013. The allow the testing of three auxiliary Brief description of amendments: The availability of this TS improvement was feedwater flow control valves that was proposed amendment would revise announced in the Federal Register on missed during the previous refueling Appendix 3A of the Updated Final January 15, 2014 (79 FR 2700), as part outage. This is a one-time change and Safety Analysis Report to more fully of the consolidated line item expires on March 18, 2016. reflect the permanently shutdown status improvement process (CLIIP). Date of issuance: March 9, 2016. of the San Onofre Nuclear Generating Date of issuance: February 29, 2016. Effective date: As of the date of Station (SONGS), Units 2 and 3. The Effective date: As of its date of issuance and shall be implemented revision would include a limited set of issuance and shall be implemented immediately. exceptions and clarifications to within 60 days from the date of Amendment No.: 203. A publicly- referenced Regulatory Guides to reflect issuance. available version is in ADAMS under the significantly reduced decay heat Amendment Nos.: Unit 1–287; Unit Accession No. ML16063A090; loads in the SONGS Units 2 and 3 Spent 2–287. A publicly-available version is in documents related to this amendment Fuel Pools and to support ADAMS under Accession No. are listed in the Safety Evaluation corresponding design basis changes and ML16042A173; documents related to enclosed with the amendment. modifications that will allow for the these amendments are listed in the Renewed Facility Operating License implementation of the ‘‘cold and dark’’ Safety Evaluation enclosed with the No. NPF–12: Amendment revised the strategy outlined in the SONGS Post- amendments. Renewed Facility Operating License and Shutdown Decommissioning Activities Renewed Facility Operating License Technical Specifications. Report. Nos. DPR–32 and DPR–37: The Public comments requested as to Date of issuance: March 11, 2016. amendments revise the Renewed proposed no significant hazards Effective date: As of its date of Facility Operating Licenses and the consideration (NSHC): Yes. Public issuance and shall be implemented Technical Specifications. notice of the proposed amendment was within 60 days. Date of initial notice in Federal published in The State, located in Amendment Nos.: Unit 2–233 and Register: (80 FR 35986, June 23, 2015). Columbia, South Carolina, on March 5 Unit 3–226: A publicly-available version The supplemental letters dated February and March 6, 2016. The notice provided is in ADAMS under Accession No. 19, August 19, December 3, 2015 and an opportunity to submit comments on ML16055A522; documents related to January 25, 2016, provided additional the Commission’s proposed NSHC these amendments are listed in the information that clarified the determination.

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The Commission’s related evaluation estimate of the burden of the collection processing and overall program integrity of the amendment, finding of exigent of the information; (c) ways to enhance as recommended by the RRB’s Office of circumstances, state consultation, and the quality, utility, and clarity of the Inspector General and the Government NSHC determination are contained in a information to be collected; and (d) Accountability Office. safety evaluation dated March 9, 2016. ways to minimize the burden related to Proposed changes to Form G–251 No significant hazards consideration the collection of information on include the consolidation and revision comments received: No. respondents, including the use of of existing items that request Dated at Rockville, Maryland, this 18th day automated collection techniques or information about essential job duties of March 2016. other forms of information technology. performed and any exposure to For the Nuclear Regulatory Commission. Title and purpose of information environmental hazards; the expansion Anne T. Boland, collection: Vocational Report; OMB of existing items that provide 3220–0141. Section 2 of the Railroad Director, Division of Operating Reactor information regarding an applicant’s Licensing, Office of Nuclear Reactor Retirement Act (RRA) provides for physical actions or work activities and Regulation. payment of disability annuities to the amount of time that they expend on qualified employees and widow(ers). [FR Doc. 2016–06939 Filed 3–28–16; 8:45 am] such activities during an average 8 hour The establishment of permanent BILLING CODE 7590–01–P work day to include Balancing, disability for work in the applicant’s Twisting/Turning, Crawling, Gripping/ ‘‘regular occupation’’ or for work in any Holding, Foot Control, and Fine regular employment is prescribed in 20 RAILROAD RETIREMENT BOARD Manipulation; and the addition of new CFR 220.12 and 220.13 respectively. items that request information regarding The RRB utilizes Form G–251, any permanent working Proposed Collection; Comment Vocational Report, to obtain an Request accommodations an employer may have applicant’s work history. This made due to the employee’s disability SUMMARY: In accordance with the information is used by the RRB to are also proposed. requirement of Section 3506(c)(2)(A) of determine the effect of a disability on an the Paperwork Reduction Act of 1995 applicant’s ability to work. Form G–251 Other minor changes proposed which provides opportunity for public is designed for use with the RRB’s include revisions to the ‘‘Identifying comment on new or revised data disability benefit application forms and Information’’ section to add ‘‘Province’’ collections, the Railroad Retirement is provided to all applicants for to the address field for applicants who Board (RRB) will publish periodic employee disability annuities and to may live outside the U.S. and to provide summaries of proposed data collections. those applicants for a widow(er)’s for an additional telephone number. Comments are invited on: (a) Whether disability annuity who indicate that Minor non-burden impacting, editorial the proposed information collection is they have been employed at some time. and formatting changes are also necessary for the proper performance of Significant changes are proposed to proposed. the functions of the agency, including Form G–251 in support of the RRB’s Completion is required to obtain or whether the information has practical Disability Program Improvement Project retain a benefit. One response is utility; (b) the accuracy of the RRB’s to enhance/improve disability case requested of each respondent.

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Annual Form No. responses Time (minutes) Burden (hours)

G–251 (with assistance) ...... 5,730 40 3,820 G–251 (without assistance) ...... 270 50 225

Total ...... 6,000 ...... 4,045

Additional Information or Comments: SECURITIES AND EXCHANGE notice is hereby given that on March 14, To request more information or to COMMISSION 2016, NASDAQ BX, Inc. (‘‘Exchange’’) obtain a copy of the information filed with the Securities and Exchange collection justification, forms, and/or [Release No. 34–77429; File No. SR–BX– Commission (‘‘Commission’’) the supporting material, contact Dana 2016–017] proposed rule change as described in Hickman at (312) 751–4981 or Items I, II, and III, below, which Items [email protected]. Comments Self-Regulatory Organizations; have been substantially prepared by the regarding the information collection NASDAQ BX, Inc.; Notice of Filing and Exchange. The Commission is Immediate Effectiveness of Proposed should be addressed to Charles publishing this notice to solicit Rule Change To Amend Chapter XI Mierzwa, Railroad Retirement Board, comments on the proposed rule change (Doing Business With the Public), 844 North Rush Street, Chicago, Illinois from interested persons. Section 8 (Supervision of Accounts) of 60611–2092 or emailed to the Exchange’s Rulebook I. Self-Regulatory Organization’s [email protected]. Written Statement of the Terms of Substance of comments should be received within 60 March 23, 2016. the Proposed Rule Change days of this notice. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 The Exchange proposes to amend Charles Mierzwa, (‘‘Act’’),1 and Rule 19b-4 thereunder,2 Chapter XI (Doing Business with the Chief of Information Resources Management. Public), Section 8 (Supervision of [FR Doc. 2016–07130 Filed 3–28–16; 8:45 am] 1 15 U.S.C. 78s(b)(1). Accounts) of the Exchange’s rulebook to BILLING CODE 7905–01–P 2 17 CFR 240.19b-4. remove outdated references to three

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National Association of Securities updated its own rulebook and deleted III. Date of Effectiveness of the Dealers, Inc. (‘‘NASD’’) rules and to the Old NASD Rules, adopting in their Proposed Rule Change and Timing for replace those references with references place FINRA Rules 3110, 3120, 3130 Commission Action 4 to four successor Financial Industry and 3170. The Exchange therefore Because the foregoing proposed rule Regulatory Authority, Inc. (‘‘FINRA’’) proposes to make a conforming change change does not: (i) Significantly affect rules which have replaced them. to the BX Options Supervision Rules by the protection of investors or the public The text of the proposed rule change deleting references to the Old NASD interest; (ii) impose any significant is available on the Exchange’s Web site Rules and replacing them with burden on competition; and (iii) become at http:// references to FINRA Rules 3110, 3120, operative for 30 days from the date on nasdaqomxbx.cchwallstreet.com/, at the 3130 and 3170. which it was filed, or such shorter time principal office of the Exchange, and at 2. Statutory Basis as the Commission may designate, it has the Commission’s Public Reference become effective pursuant to Section Room. The Exchange believes that its 19(b)(3)(A)(iii) of the Act 7 and Rule II. Self-Regulatory Organization’s proposal is consistent with Section 6(b) 19b–4(f)(6) thereunder.8 of the Act 5 in general, and furthers the At any time within 60 days of the Statement of the Purpose of, and 6 Statutory Basis for, the Proposed Rule objectives of Section 6(b)(5) of the Act filing of the proposed rule change, the Change in particular, in that it is designed to Commission summarily may promote just and equitable principles of temporarily suspend such rule change if In its filing with the Commission, the trade, to remove impediments to and it appears to the Commission that such Exchange included statements perfect the mechanism of a free and action is: (i) necessary or appropriate in concerning the purpose of, and basis for, open market and a national market the public interest; (ii) for the protection the proposed rule change and discussed system, and, in general to protect of investors; or (iii) otherwise in any comments it received on the investors and the public interest, by furtherance of the purposes of the Act. proposed rule change. The text of these removing references to outdated NASD If the Commission takes such action, the statements may be examined at the rules, thus minimizing any potential Commission shall institute proceedings places specified in Item IV below. The confusion on the part of members and to determine whether the proposed rule Exchange has prepared summaries, set other market participants regarding the should be approved or disapproved. forth in sections A, B, and C below, of standards and rules to which Exchange the most significant aspects of such members are subject. IV. Solicitation of Comments statements. Interested persons are invited to B. Self-Regulatory Organization’s submit written data, views, and A. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and arguments concerning the foregoing, Statutory Basis for, the Proposed Rule The Exchange does not believe that including whether the proposed rule Change the proposed rule change will impose change is consistent with the Act. any burden on competition not Comments may be submitted by any of 1. Purpose necessary or appropriate in furtherance the following methods: The Exchange is proposing to amend of the purposes of the Act. As the Electronic Comments Chapter XI (Doing Business with the amendments merely correct the Public), Section 8 (Supervision of Exchange rules to refer to the current • Use the Commission’s Internet Accounts) of the Exchange’s rulebook FINRA rules discussed above, it has no comment form (http://www.sec.gov/ (the ‘‘BX Options Supervision Rules’’) to impact on competition. rules/sro.shtml); or • Send an email to rule-comments@ remove outdated references to three C. Self-Regulatory Organization’s sec.gov. Please include File Number SR– NASD rules and to replace those Statement on Comments on the BX–2016–017 on the subject line. references with references to four Proposed Rule Change Received From successor FINRA rules which have Paper Comments 3 Members, Participants, or Others replaced them. • Send paper comments in triplicate Currently, the BX Options No written comments were either to, Secretary, Securities and Exchange Supervision Rules provide in Section solicited or received. Commission, 100 F Street NE., 8(a) that each member that conducts a Washington, DC 20549–1090. public customer options business shall 4 FINRA Rules 3110 (Supervision) and 3120 All submissions should refer to File (Supervisory Control System) were adopted by ensure that its written supervisory Number SR–BX–2016–017. This file system policies and procedures FINRA to replace NASD Rules 3010 (Supervision), and 3012 (Supervisory Control System). In addition, number should be included on the pursuant to NASD Rules 3010, 3012, new FINRA Rule 3170 (Tape Recording of subject line if email is used. To help the and 3013 (the ‘‘Old NASD Rules’’) Registered Persons by Certain Firms) replaced Commission process and review your NASD Rule 3010(b)(2). The new rules became adequately address the member’s public comments more efficiently, please use customer options business. Since the effective on December 1, 2014. See Securities Exchange Act Release No. 71179 (Dec. 23, 2013), 78 only one method. The Commission will adoption by the Exchange of the BX FR 79542 (Dec. 30, 2013) (Order Approving post all comments on the Commission’s Options Supervision Rules, FINRA has Proposed Rule Change as Modified by Amendment Internet Web site (http://www.sec.gov/ No. 1) (File No. SR–FINRA–2013–025); see also rules/sro.shtml). 3 The current FINRA rulebook consists of: (1) FINRA Regulatory Notice 08–24 (May 2008) FINRA rules; (2) NASD rules; and (3) rules (Proposed Consolidated FINRA Rules Governing incorporated from NYSE (Incorporated NYSE Rules) Supervision and Supervisory Controls). FINRA Rule 7 15 U.S.C. 78s(b)(3)(a)(iii). (together, the NASD rules and Incorporated NYSE 3130 (Annual Certification of Compliance and 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Rules are referred to as the ‘‘Transitional Supervisory Processes) replaced NASD Rule 3013 4(f)(6) requires a self-regulatory organization to give Rulebook’’). As part of the process of developing a (Annual Certification of Compliance and the Commission written notice of its intent to file new consolidated rulebook (the ‘‘Consolidated Supervisory Processes) in 2008. See Securities the proposed rule change at least five business days FINRA Rulebook’’) FINRA adopted FINRA Rules Exchange Act Release No. 58661 (Sept. 26, 2008), prior to the date of filing of the proposed rule 3110, 3120, 3130 and 3170 which the Exchange 73 FR 57395 (Oct. 2, 2008) (SR–FINRA–2008–030). change, or such shorter time as designated by the seeks to incorporate in the BX Options Supervision 5 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this Rules. 6 15 U.S.C. 78f(b)(5). requirement.

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Copies of the submission, all ADDRESSES: The meeting will be held in administrative work session during subsequent amendments, all written Multi-Purpose Room LL–006 at the lunch. statements with respect to the proposed Commission’s headquarters, 100 F Dated: March 23, 2016. rule change that are filed with the Street NE., Washington, DC 20549. The Brent J. Fields, Commission, and all written meeting will be webcast on the Secretary. communications relating to the Commission’s Web site at www.sec.gov. proposed rule change between the Written statements may be submitted by [FR Doc. 2016–06988 Filed 3–28–16; 8:45 am] Commission and any person, other than any of the following methods: BILLING CODE 8011–01–P those that may be withheld from the Electronic Statements public in accordance with the provisions of 5 U.S.C. 552, will be D Use the Commission’s Internet SECURITIES AND EXCHANGE available for Web site viewing and submission form (http://www.sec.gov/ COMMISSION printing in the Commission’s Public rules/other.shtml); or [Release No. 34–77430; File No. SR–FINRA– Reference Room, 100 F Street NE., D Send an email message to rules- 2015–057] Washington, DC 20549–1090, on official [email protected]. Please include File business days between the hours of No. 265–28 on the subject line; or Self-Regulatory Organizations; Financial Industry Regulatory 10:00 a.m. and 3:00 p.m. Copies of the Paper Statements filing also will be available for Authority, Inc.; Order Approving inspection and copying at the principal D Send paper statements to Brent J. Proposed Rule Change to Adopt office of the Exchange. All comments Fields, Secretary, Securities and FINRA Rule 2273 (Educational received will be posted without change; Exchange Commission, 100 F Street NE., Communication Related to the Commission does not edit personal Washington, DC 20549–1090. Recruitment Practices and Account identifying information from All submissions should refer to File No. Transfers) submissions. You should submit only 265–28. This file number should be March 23, 2016. information that you wish to make included on the subject line if email is available publicly. used. To help us process and review I. Introduction All submissions should refer to File your statement more efficiently, please On December 16, 2015, Financial Number SR–BX–2016–017 and should use only one method. Industry Regulatory Authority, Inc. be submitted on or before April 19, Statements also will be available for (‘‘FINRA’’) filed with the Securities and 2016. Web site viewing and printing in the Exchange Commission (‘‘SEC’’ or Commission’s Public Reference Room, For the Commission, by the Division of ‘‘Commission’’), pursuant to section Trading and Markets, pursuant to delegated 100 F Street NE., Room 1580, 19(b)(1) of the Securities Exchange Act authority.9 Washington, DC 20549, on official of 1934 (‘‘Exchange Act’’) 1 and Rule Brent J. Fields, business days between the hours of 19b–4 thereunder,2 a proposed rule 10:00 a.m. and 3:00 p.m. All statements Secretary. change to adopt FINRA Rule 2273, received will be posted without change; [FR Doc. 2016–06994 Filed 3–28–16; 8:45 am] which would establish an obligation for we do not edit personal identifying a member to deliver an educational BILLING CODE 8011–01–P information from submissions. You communication in connection with should submit only information that member recruitment practices and you wish to make available publicly. SECURITIES AND EXCHANGE account transfers. COMMISSION FOR FURTHER INFORMATION CONTACT: The proposed rule change was Marc Oorloff Sharma, Senior Special published for comment in the Federal [Release Nos. 33–10058; 34–77432; File No. Counsel, Office of the Investor Register on December 30, 2015.3 The 265–28] Advocate, at (202) 551–3302, Securities Commission received twelve comment and Exchange Commission, 100 F Street letters on the proposal.4 On February 4, Investor Advisory Committee Meeting NE., Washington, DC 20549. 2016, FINRA extended the time period AGENCY: Securities and Exchange SUPPLEMENTARY INFORMATION: The for Commission action on the proposed Commission. meeting will be open to the public, rule change until March 29, 2016. On ACTION: Notice of Meeting of Securities except during that portion of the March 17, 2016, FINRA responded to and Exchange Commission Dodd-Frank meeting reserved for an administrative Investor Advisory Committee. work session during lunch. Persons 1 15 U.S.C. 78s(b)(1). needing special accommodations to take 2 17 CFR 240.19b–4. SUMMARY: The Securities and Exchange part because of a disability should 3 See Notice of Filing of a Proposed Rule Change Commission Investor Advisory to Adopt FINRA Rule 2273 (Educational notify the contact person listed in FOR Communication Related to Recruitment Practices Committee, established pursuant to FURTHER INFORMATION CONTACT. and Account Transfers), Exchange Act Rel. No. Section 911 of the Dodd-Frank Wall The agenda for the meeting includes: 76757 (December 23, 2015), 80 FR 81590 (December Street Reform and Consumer Protection Remarks from Commissioners; a 30, 2015) (‘‘Notice’’). Act of 2010, is providing notice that it 4 Comment letters were submitted by Georgia discussion of a recommendation of the State University College of Law Investor Advocacy will hold a public meeting. The public Investor as Purchaser subcommittee Clinic (‘‘GSU’’); Commonwealth Financial Network is invited to submit written statements regarding mutual fund cost disclosure; (‘‘Commonwealth’’); Securities Industry and to the Committee. an update from the Commission’s Office Financial Markets Association (‘‘SIFMA’’); Financial Services Institute (‘‘FSI’’); Public DATES: The meeting will be held on of Compliance Inspections and Investors Arbitration Bar Association (‘‘PIABA’’); Thursday, April 14, 2016 from 9:30 a.m. Examinations; subcommittee reports; a Wells Fargo Advisors (‘‘Wells Fargo’’); The until 3:45 p.m. (ET). Written statements discussion regarding cybersecurity and Committee of Annuity Insurers (‘‘Committee of should be received on or before April related investor protection concerns; Annuity Insurers’’); Lincoln Financial Network (‘‘Lincoln’’); LPL Financial (‘‘LPL’’); Raymond 14, 2016. reflections on the first full term of James Financial Services (‘‘RJFS’’); Raymond James Investor Advisory Committee & Associates (‘‘RJA’’); and HD Vest Investment 9 17 CFR 200.30–3(a)(12). membership; and a nonpublic Services (‘‘HD Vest’’).

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the comments.5 The proposed rule associates with a registered transferring representative and change is unchanged from the original representative to provide to a former recruiting firm (and, if necessary, the proposal. This order approves the customer of the representative, customer’s current firm), to the extent proposed rule change. The text of the individually, in paper or electronic that the customer considers the proposed rule change is available on form, an educational communication information important to his or her FINRA’s Web site at http:// prepared by FINRA. The proposed rule decision making. www.finra.org, at the principal office of change would require delivery of the FINRA, on the Commission’s Web site at educational communication when: (1) Requirement To Deliver Educational http://www.sec.gov, and at the The member, directly or through a Communication Commission’s Public Reference Room. representative, individually contacts a As stated in the Notice, FINRA former customer of that representative believes that a broad range of II. Description of the Proposed Rule to transfer assets; or (2) a former communications by a recruiting firm or Change customer of the representative, absent its registered representative would Background individual contact, transfers assets to an constitute individualized contact that FINRA is concerned that account assigned, or to be assigned, to would trigger the delivery requirement 6 8 representatives who switch their the representative at the member. under the proposal. These member firm often contact former The proposed rule change would communications may include, but are customers and emphasize the benefits define a ‘‘former customer’’ as any not limited to, oral or written the former customers would experience customer that had a securities account communications by the transferring by following the representative and assigned to a registered person at the representative: (1) Informing the former transferring their assets to the firm that representative’s previous firm. The term customer that he or she is now recruited the registered representative ‘‘former customer’’ would not include a associated with the recruiting firm, (‘‘recruiting firm’’) and maintaining customer account that meets the which would include customer their relationship with the definition of an ‘‘institutional account’’ communications permitted under the representative. In this situation, former pursuant to FINRA Rule 4512(c); Protocol for Broker Recruiting customers’ confidence in and prior provided, however, accounts held by a (‘‘Protocol’’); 9 (2) suggesting that the experience with the representative may natural person would not qualify for the former customer consider transferring 7 be one of the customers’ most important institutional account exception. his or her assets or account to the considerations in determining whether The educational communication recruiting firm; (3) informing the former to transfer assets to the recruiting firm. focuses on important considerations for customer that the recruiting firm may As stated in the Notice, FINRA is a former customer who is contemplating offer better or different products or concerned that former customers may transferring assets to an account services; or (4) discussing with the not be aware of other important factors assigned to his or her former former customer the fee or pricing to consider in making a decision representative at the recruiting firm. The structure of the recruiting firm. whether to transfer assets to the educational communication would Furthermore, as stated in the Notice, recruiting firm, including direct costs highlight the following potential FINRA would consider oral or written that may be incurred. Therefore, to implications of transferring assets to the communications to a group of former provide former customers with a more recruiting firm: (1) Whether financial customers to similarly trigger the complete picture of the potential incentives received by the requirement to deliver the educational implications of a decision to transfer representative may create a conflict of communication under the proposed rule assets, the proposed rule change would interest; (2) that some assets may not be change.10 These types of oral or written require delivery of an educational directly transferrable to the recruiting communications by a member, directly communication by the recruiting firm firm and as a result the customer may or through the representative, to a group that highlights key considerations in incur costs to liquidate and move those of former customers may include, but transferring assets to the recruiting firm, assets or account maintenance fees to are not limited to: (1) Mass mailing of and the direct and indirect impacts of leave them with his or her current firm; information; (2) sending copies of such a transfer on those assets. (3) potential costs related to transferring information via email; or (3) automated As stated in the Notice, FINRA assets to the recruiting firm, including phone calls or voicemails. believes that former customers would differences in the pricing structure and Timing and Means of Delivery of benefit from receiving a concise, plain- fees imposed by the customer’s current Educational Communication English document that highlights the firm and the recruiting firm; and (4) potential implications of transferring differences in products and services The proposed rule change would assets. The proposed educational between the customer’s current firm and require a member to deliver the communication is intended to the recruiting firm. educational communication at the time encourage former customers to make The educational communication is of the first individualized contact with further inquiries of the transferring intended to prompt a former customer a former customer by the member, representative (and, if necessary, the to make further inquiries of the customer’s current firm), to the extent 8 See Notice, supra note 3, 80 FR at 81591. that the customer considers the 6 See proposed FINRA Rule 2273(a). 9 The Protocol was created in 2004 and permits 7 See proposed FINRA Rule 2273.01 (Definition). departing representatives to take certain limited information important to his or her FINRA Rule 4512(c) defines the term institutional customer information with them to a new firm, and decision making. account to mean the account of: (1) A bank, savings solicit those customers at the new firm, without the and loan association, insurance company, or fear of legal action by their former employer. The Educational Communication registered investment company; (2) an investment Protocol provides that representatives of firms that The proposed rule change would adviser registered either with the SEC under have signed the Protocol can take client names, Section 203 of the Investment Advisers Act of 1940 addresses, phone numbers, email addresses, and require a member that hires or or with a state securities commission (or any agency account title information when they change firms, or office performing like functions); or (3) any other provided they leave a copy of this information, 5 Letter from Jeanette Wingler, Assistant General entity (whether a natural person, corporation, including account numbers, with their branch Counsel, FINRA, to Brent J. Fields, Secretary, partnership, trust, or otherwise) with total assets of manager when they resign. Commission, dated March 17, 2016. at least $50 million. 10 See Notice, supra note 3, 80 FR at 81591.

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directly or through the representative, provided with the account transfer account transfer process, which also regarding the former customer approval documentation.16 includes some disclosure.24 transferring assets to the member.11 If In its response to commenters, FINRA such contact is in writing, the proposed Format of Educational Communication states that it believes that the proposal rule change would require the To facilitate uniform communication will promote investor protection by educational communication to under the proposed rule change and to highlighting important conflict and cost considerations of transferring assets and accompany the written communication. assist members in providing the encouraging customers to make further If the contact is by electronic proposed communication to former inquiries to reach an informed decision communication, the proposed rule customers of a representative, the about whether to transfer assets to the change would permit the member to proposed rule change would require a recruiting firm. Furthermore, FINRA’s hyperlink directly to the educational member to deliver the proposed 12 response to commenters notes that, as communication. educational communication prepared by explained in more detail in the Notice, If the first individualized contact with FINRA to the former customer, the former customer is oral, the FINRA considered several alternatives individually, in paper or electronic to the proposal to help ensure that it is proposed rule change would require the 17 form. The proposed rule change narrowly tailored to achieve its member or representative to notify the would require members to provide the former customer orally that an purposes without imposing unnecessary FINRA-created communication and 25 educational communication that costs and burdens on members. would not permit members to use an FINRA believes that the proposed rule includes important considerations in alternative format.18 As stated in the deciding whether to transfer assets to is an effective and efficient alternative Notice, FINRA believes that the FINRA- to the previous proposal. While the member will be provided not later created uniform educational than three business days after the educating former customers about communication will allow members to important considerations to make an contact. The proposed rule change provide the required communication at would require the educational informed decision whether to transfer a relatively low cost and without assets to the recruiting firm, FINRA communication be sent within three significant administrative burdens.19 business days from such oral contact or believes the proposed rule eliminates or with any other documentation sent to III. Summary of Comment Letters and reduces the privacy and operational the former customer related to FINRA’s Response concerns raised regarding the previous transferring assets to the member, proposal (e.g., by removing the Overall Proposal whichever is earlier.13 requirement to disclose to former customers the magnitude of recruitment If the former customer seeks to Two commenters stated that the compensation paid to a transferring transfer assets to an account assigned, or current proposal is an improvement representative). FINRA notes that the to be assigned, to the representative at from the previous version of the dialogue prompted by the educational the member, but no individualized 20 proposal. Eight additional communication could include a contact with the former customer by the commenters expressed support for a discussion with the transferring representative or member occurs before regulatory effort to provide investors representative about more specifics the former customer seeks to transfer with meaningful information upon related to the incentives and costs assets, the proposed rule change would which to base a decision to transfer associated with the transfer. mandate that the member deliver the assets but did not support all aspects of FINRA further states in its response to 21 educational communication to the the current proposal. Two commenters that it believes that former former customer with the account commenters opposed the current 14 customers would benefit from receiving transfer approval documentation. The proposal and instead supported a return a concise, plain-English document that educational communication to the requirement in a previous version highlights the potential implications of requirement in the proposed rule of the proposal to provide specific transferring assets, such as conflict and change would apply for a period of information about any financial cost considerations, several of which are three months following the date that the incentives received by the not disclosed or otherwise brought to representative begins employment or representative and costs associated with 15 the attention of a customer as part of the associates with the member. the former customer transferring account transfer approval 22 Pursuant to the proposed rule change, assets. Alternatively, another documentation. the educational communication commenter suggested requiring the requirement would not apply when the member to provide written answers to Requirement To Deliver the Educational former customer expressly states that he the questions included in the Communication or she is not interested in transferring educational communication if the One commenter supported the assets to the member. If the former customer so requests.23 One commenter proposal’s delivery requirements as customer subsequently decides to maintained that the proposal is not providing a ‘‘clear and straightforward transfer assets to the member without justified by its costs because there are standard.’’ 26 The commenter further further individualized contact within no systemic issues with the current stated that with the ‘‘straightforward the period of three months following the standard, firms will be able to easily date that the representative begins 16 See proposed FINRA Rule 2273.02 (Express create and implement policies, employment or associates with the Rejection by Former Customer). procedures and systems to comply with member, then the educational 17 See proposed FINRA Rule 2273(a) and Exhibit the rule.’’ 27 Some commenters, on the 3. communication would be required to be 18 See proposed FINRA Rule 2273(a). other hand, stated that the triggers for 19 See Notice, supra note 3, 80 FR at 81592. delivering the educational 11 See proposed FINRA Rule 2273(b)(1). 20 Lincoln and FSI. 12 See proposed FINRA Rule 2273(b)(1)(A). 21 SIFMA, LPL, Wells Fargo, RJFS, RJFA, 24 HD Vest. 13 See proposed FINRA Rule 2273(b)(1)(B). Commonwealth, and HD Vest. 25 See Notice, supra note 3, 80 FR at 81593. 14 See proposed FINRA Rule 2273(b)(2). 22 PIABA and GSU. 26 FSI. 15 See proposed FINRA Rule 2273(b)(3). 23 GSU. 27 FSI.

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communication would be complex and Individualized Contact firm and whether the representative has difficult for members to implement as Some commenters requested individually contacted the former members would be dependent on additional guidance as to what customer regarding transferring assets to 37 reporting by representatives to members individualized contact with a former the recruiting firm. FINRA also states with respect to each individualized customer would trigger the requirement in its response to commenters that it contact with a former customer.28 Some to deliver the educational believes that a reasonably designed commenters commented that communication.32 FINRA’s response to supervisory system would require the compliance with the proposed rule commenters notes that, as stated in the representative to communicate with a would require significant time and effort Notice, it intends for a broad range of member whether he or she had on the part of members and would oral or written communications by a individualized contact with a former result in significant costs.29 recruiting firm, directly or through a customer. As such, FINRA does not representative, to constitute believe it is unworkable to distinguish In its response to commenters, FINRA account transfers that resulted absent states that it does not believe that the individualized contact with a former customer to transfer assets and therefore individualized contact. burdens associated with tracking Some commenters requested whether there has been individualized trigger the delivery of the educational communication under the proposed clarification regarding whether the contact with a former customer are 33 requirements of the proposed rule unreasonable relative to the value in rule. FINRA notes that the Notice provides several examples of such would be triggered by ‘‘unanticipated providing the educational individualized contacts, including a communications’’ between a communication to such customers. 38 written or oral communication representative and a former customer. Moreover, FINRA’s response to informing the customer that the In its response to commenters, FINRA commenters notes that, as FINRA stated representative is now associated with explains that the proposed rule would in the Notice, members already are the recruiting firm.34 In its response to apply where a member, directly or obligated to supervise representatives’ commenters, FINRA states that it will through a representative, individually communications with existing or consider giving additional guidance, as contacts a former customer of that prospective customers and have appropriate, where questions about representative to transfer assets or flexibility to design their supervisory specific types of individualized contact where a former customer transfers assets systems to track communications arise. to an account assigned to the soliciting new business from former The proposed rule change would representative at the member absent customers of representatives.30 As such, require delivery of the educational individualized contact. As such, FINRA FINRA does not believe the proposed communication, absent individualized notes that whether contact that occurs rule change imposes substantially new contact, with account transfer approval with a former customer is planned or or burdensome obligations by requiring documentation. One commenter serendipitous is not dispositive; rather, firms to establish policies and supported requiring delivery of the it is the substance of the communication procedures reasonably designed to educational communication to a former that determines if the delivery ensure that the educational customer, where there is not requirement is triggered. Thus, FINRA communication is timely delivered to individualized contact, before the explains that unanticipated contact with former customers. transmittal of the account transfer a former customer (e.g., at a sporting or social event) without a communication One commenter stated that a member approval documentation.35 FINRA’s response to commenters notes that to from the representative to the former cannot supervise communications customer that would constitute between representatives and former lessen any associated operational and supervisory burdens of implementing individualized contact, as described customers before such customers above, about transferring assets would 31 the proposed rule, FINRA has not establish accounts at the member. In not trigger the requirements of the its response to commenters, FINRA proposed requiring that the educational communication be provided to former proposed rule. In its response to states that it disagrees. If a commenters FINRA notes that, if, for representative is associated with or customers before the account transfer approval documentation where there is example, the representative took the employed by a member, FINRA notes opportunity of the situation to inform that the member is required to supervise not individualized contact. One commenter expressed the view the former customer of his or her move the representative’s conduct consistent that the different delivery requirements to a new firm and the merits of with FINRA rules, including FINRA based on whether there was transferring assets to that new firm, the Rule 2210 (Communications with the individualized contact would be delivery requirement would be Public). FINRA notes that the standards unworkable as members could not triggered. applicable to retail communications and reasonably determine that the receipt of correspondence under Rule 2210, as Timing and Delivery of Educational account paperwork was the result of no Communication well as the requirements to supervise contact between the registered person correspondence pursuant to FINRA Rule and the former customer.36 Several commenters expressed 3110 (Supervision), are not limited to FINRA’s response to commenters concern with the means and timing of communications with current states that, as set forth in the Notice, the delivery requirement. Some customers. FINRA states that therefore, FINRA believes that a representative commenters contended that the the fact that a former customer or any reasonably should know whether an requirement to deliver the educational other individual has not yet established individual had an account assigned to communication within three business an account at the member does not him or her at the representative’s prior days after oral contact by a obviate those supervision requirements. representative with a former customer 32 SIFMA, HD Vest, RJA, and RJFS. would present operational and 28 Commonwealth and HD Vest. 33 See Notice, supra note 3, 80 FR at 81591. supervisory challenges, such as training 29 Commonwealth and HD Vest. 34 See Notice, supra note 3, 80 FR at 81591. 30 See Notice, supra note 3, 80 FR at 81595. 35 GSU. 37 See Notice, supra note 3, 80 FR at 81594. 31 HD Vest. 36 Commonwealth. 38 Lincoln, LPL, RJA, and RJFS.

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representatives on the scope and have indicated an interest in opening an determination to transfer assets prior to practical implications of the account. FINRA also notes that it sought receiving the communication.49 requirement, relying on representatives data and evidence around the associated In its response to commenters, FINRA to timely report contacts to the member, costs of the proposed rule and that states that it agrees with the commenters and preparing the mailing to former commenters did not provide specific that providing the communication at the customers within the required period of data or analysis to support their time of account opening would be less time.39 One commenter suggested contention that the delivery effective than the proposed approach as eliminating the requirement to deliver requirements as proposed would customers have already made the the educational communication within present considerable additional costs for decision to transfer assets at the time the three business days after oral contact recruiting firms. Accordingly, FINRA customer has initiated the account and instead require written delivery in does not propose to change the opening process. Similarly, FINRA all circumstances.40 Along with that requirement in the proposed rule. states that it believes a requirement to commenter, some commenters As explained in its response to permit delivery of the educational suggested that the requirement to communication at any time prior to deliver the educational communication commenters and in more detail in the Notice, FINRA believes that to be account opening would allow members be integrated into an existing process, to wait until the customer agrees to such as including the communication effective, the proposed educational communication must be accessible to transfer assets to the member or until with the account transfer approval shortly before the account is opened documentation, so as to make the former customer at or shortly after the time the first individualized contact before delivering the educational implementation of the requirement communication. more cost effective and efficient for is made by the recruiting firm or the 46 Finally, with respect to one comment 41 representative. In its response to members. Alternatively, one that post-use review of communications commenter suggested lengthening the commenters, FINRA notes that the delivery requirement will allow the cannot prevent a violation of the period to deliver the educational requirement that the educational 42 customer the time needed to have communication to 10 business days. communication accompany written first One commenter requested additional discussions with the registered individualized contact,50 FINRA notes analysis and justification for FINRA’s representative and the customer’s in its response to commenters that its belief that delivering the current firm about the implications of rules provide members’ some flexibility communication at or prior to account transferring assets in close proximity to with respect to review of opening would be too late because receipt of any information the representatives’ communications with customers typically have already made representative may have provided to customers and require review of only the decision to transfer assets by that encourage a transfer and will facilitate some communications prior to first use point in the process.43 Another an informed and reasoned decision. or distribution.51 Consistent with those commenter stated that requiring the FINRA further notes that some rules, FINRA states that a member educational communication to commenters to its Regulatory Notice 15– would not necessarily need to accompany the first written 19,47 where FINRA first proposed the implement prior use approval of every communication would mean that any delivery requirements, noted the written communication to a former efforts taken by a member to review benefits of timely delivery. FINRA customer to have policies and written communications that have points out that two commenters to procedures reasonably designed to already occurred between a Regulatory Notice 15–19 supported achieve compliance with the proposed representative and a former customer requiring delivery of the educational rule change. would be too late to prevent a rule communication prior to the time that a violation.44 former customer decides to transfer Duration of Delivery Requirement FINRA’s response to commenters assets to the recruiting firm to ensure Under the proposed rule change, the notes that with respect to delivery after that the former customer has sufficient delivery of the educational oral contact, as stated in the Notice, time to consider and respond to the communication would apply for three FINRA believes that the three-business- information in the communication.48 months following the date the day period gives a representative FINRA also notes that another broker- representative begins employment or sufficient time to inform the recruiting dealer commenter that favored associates with the member. One firm of the former customers who have contemporaneous delivery of the commenter supported shortening the been contacted and, in turn, for the educational communication at the time applicable time period from six months recruiting firm to send the educational of first individualized contact stated as proposed in Notice 15–19 52 to three communication to those former that permitting three business days customers.45 Furthermore, as stated in following an oral communication was its response to commenters, FINRA 49 See Letter from Jesse Hill, Principal— too late as many customers will make a Government and Regulatory Relations, Edward understands that members frequently Jones, to Marcia E. Asquith, Senior Vice President send account opening documentation 46 See Notice, supra note 3, 80 FR at 81595. and Corporate Secretary of FINRA, dated July 14, within that time frame to customers that 47 See FINRA Requests Comment on a Proposed 2015. Rule to Require Delivery of an Educational 50 Commonwealth. 51 39 SIFMA, Committee of Annuity Insurers, Communication to Customers of a Transferring FINRA states, for example, that correspondence Lincoln, RJA, RJFS, Commonwealth, and HD Vest. Representative, Regulatory Notice 15–19, at 4 (May with customers is subject to the supervision and 2015) (‘‘Notice 15–19’’). review requirements of FINRA Rules 3110(b) and 40 Wells Fargo. 48 See Letter from Jeffrey T. Brown, Senior Vice 3110.06 through .09. While review of all 41 Wells Fargo, SIFMA, Lincoln, Committee of President and Head of Legislative and Regulatory institutional communications is not required prior Annuity Insurers, RJA, RJFS, Commonwealth, and Affairs, Charles Schwab & Co., Inc., to Marcia E. to first use or distribution, FINRA states that FINRA HD Vest. Asquith, Senior Vice President and Corporate Rule 2210(b)(1)(A) requires that an appropriately 42 HD Vest. Secretary of FINRA, dated July 13, 2015; and letter qualified registered principal of the member must 43 SIFMA. from Joseph C. Peiffer, President, Public Investors approve each retail communication before the 44 Commonwealth. Arbitration Bar Association, to Marcia E. Asquith, earlier of its use or filing with FINRA’s Advertising 45 See Notice, supra note 3, 80 FR at 81595– Senior Vice President and Corporate Secretary of Regulation Department. 81596. FINRA, dated July 13, 2015. 52 See Notice 15–19, supra note 47, at 4.

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months as proposed in the Notice.53 On Contractual and Legal Considerations instances, a former customer will not be the other hand, two commenters Three commenters suggested contacted in the first instance unless the supported extending the period to one including a statement in the educational representative or recruiting firm already year.54 communication that the communication has the customer’s contact information. In those rare circumstances where In its response to commenters, FINRA is not intended as a solicitation or to individualized contact that triggers the states that it believes the three-month encourage or discourage the transfer of requirements of the rule happens by period strikes an appropriate balance customer assets.58 Two commenters chance or without contact information, between achieving the regulatory asked FINRA to amend the proposed rule to include a provision stating that FINRA believes the representative or objective of an informed decision by recruiting firm can ask the customer for former customers most likely to compliance with the rule is not intended to interfere with members’ the contact information needed to consider transferring assets as the result deliver the educational communication. of their representative’s move to a new obligations under Regulation S–P, the firm, while lessening the economic Protocol or other contractual non- Scope of Proposal solicitation obligations.59 impacts on members. In its response to commenters, and as Customers Efforts by Current Firm To Retain noted in the Notice in response to Two commenters supported Customers earlier comments of the same nature, expanding the requirement to apply to FINRA states that it does not intend the all customers of a representative, not One commenter favored requiring a proposed rule to impact any contractual just a representative’s former customer’s current firm to deliver the agreement between a representative and customers.62 One commenter educational communication to the his or her former firm or new firm and recommended that the proposed rule customer and including questions in the does not require members to disclose incorporate the definition of communication that a customer may information in a manner inconsistent institutional account in FINRA Rule wish to consider if the current firm is with Regulation S–P.60 FINRA notes 4512(c) (Customer Account Information) soliciting a customer to keep his or her that the proposed rule change assumes without excluding accounts held by any account with the firm.55 Another that recruiting firms and representatives natural person.63 commenter also supported including will act in accordance with the In its response to commenters, FINRA specific disclosure about the incentives contractual obligations established in declines to revise the definition of that employees of the current firm may employment contracts, state law, and, if ‘‘former customer’’ or to extend the receive for retaining the customer.56 applicable, the Protocol. Furthermore, requirement to apply to other customers in its response to commenters, FINRA of a representative. Furthermore, FINRA’s response to commenters states that it does not intend for the FINRA’s response to commenters notes states that, as noted in the Notice, provision of the educational that, as stated in the Notice, FINRA FINRA is focused on providing communication to have any relevance to believes that former customers that a customers impactful information to a determination of whether a member or representative individually consider when deciding whether to representative impermissibly solicited a contacts to transfer assets to a new firm transfer assets to a representative’s new former customer in breach of a are most impacted in recruitment firm, where cost and portability issues contractual obligation. FINRA does not situations because they have already are most likely to arise and where some believe it necessary or appropriate to developed a relationship with the potential conflicts (e.g., financial include any statement regarding representative and because their assets incentives to attract new assets) are solicitation in the educational may be both the basis for the more pronounced.57 In its response to communication, which by itself and its representative’s recruitment commenters, FINRA states that while own terms cannot reasonably be compensation and subject to potential the proposed rule change would not considered to encourage or discourage costs and changes if the customer require the current firm to provide the the transfer of assets. decides to move those assets to the educational communication to a One commenter stated that an recruiting firm.64 In its response to customer, the proposed educational exception from Regulation S–P was commenters, FINRA states that it communication does note that ‘‘some needed to permit transferring believes that it is appropriate to include representatives to take limited customer firms pay financial incentives to retain natural persons who would be information with them to their new brokers or customers.’’ FINRA further considered institutional accounts under firms in order to comply with the Rule 4512(c), as these individuals may states that it believes that the requirements of the proposed rule.61 In not be aware of the implications of communication will prompt customers its response to commenters, FINRA transferring assets. to consider the implications of both disagrees. FINRA states that the Two commenters supported requiring staying and moving when urged to do so proposed rule does not require contact customer affirmation of the receipt of by representatives of either firm. with any former customers, but rather, the educational communication.65 Furthermore, FINRA notes that only requires delivering the educational FINRA’s response to commenters requiring the current firm to also communication once a transferring explains that, as noted in more detail in provide the educational communication representative or the recruiting firm the Notice, while some firms may elect to a customer whose representative has makes individualized contact with a to include a customer affirmation transferred to a new firm would result former customer about transferring requirement as part of their supervisory in the customer receiving multiple assets to an account assigned to the controls in implementing the proposed copies of the same communication. representative at the member. FINRA rule change, FINRA believes the states that it believes that in most requirements of the rule will ensure that 53 SIFMA. 54 PIABA and GSU. 58 SIFMA, HD Vest, and LPL. 62 PIABA and GSU. 55 Lincoln. 59 RJA and RJFS. 63 SIFMA. 56 PIABA. 60 See Notice, supra note 3, 80 FR at 81599. 64 See Notice, supra note 3, 80 FR at 81600. 57 See Notice, supra note 3, 80 FR at 81598. 61 HD Vest. 65 PIABA and GSU.

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former customers receive and have an rule would not apply should be Terminology opportunity to review the information extended to include all changes in Two commenters supported replacing in the proposed educational networking arrangements between a the term ‘‘broker’’ in the educational communication before they decide to financial institution and a broker-dealer, 66 communication with the term transfer assets to a recruiting firm. In and not just those for which bulk 75 71 ‘‘registered representative.’’ addition, FINRA states that it does not transfers are used. In its response to commenters, FINRA want to impose any additional In its response to commenters, FINRA declines to make the requested change obligations that may impede the timely states that it believes that the as it believes ‘‘broker’’ is a commonly transfer of customer assets between considerations set forth in the understood generic term for a registered members. educational communication do not have representative. It is used in the Members and Registered the same application in the context of a proposed educational communication Representatives bulk transfer as they do when a for readability and brevity purposes, customer has a viable choice between which FINRA believes is important to One commenter requested staying at his or her current firm with encourage customers to read the clarification regarding whether the the same level of products and services document. proposed rule would apply to or transferring assets to the recruiting representatives who are employed by or firm, with the attendant impacts. Implementation Date associated with a member in a non- Because the facts and circumstances of One commenter requested that the financial advisor role (e.g., operations or changes in networking arrangements implementation date of the proposed non-producing branch/complex between a financial institution and a rule be at least 180 days from the date managers), but who may have customer broker-dealer outside the bulk transfer that the proposed rule is finalized so as accounts assigned to them that are context may vary, FINRA will consider to provide members with sufficient time incidental to their primary job giving additional guidance, as 67 to design, adopt, and implement function. FINRA states in its response appropriate, where specific questions appropriate policies and procedures to to commenters that to the extent a arise for changes in networking achieve compliance with the rule.76 representative has accounts assigned to arrangements outside the bulk transfer In its response to commenters, FINRA him or her at the new firm, FINRA sees context. states that it will consider the need to no reason to distinguish those accounts In the Notice, FINRA stated that the develop compliance systems and make based on the representative’s primary proposed rule change would apply to a operational changes in establishing an function, as the implications for the registered person dually registered as an effective date for the proposed rule. former customers are the same. investment adviser and broker-dealer at IV. Discussion and Commission Accordingly, FINRA believes that the former firm who associates with a Findings because an account assigned to a member firm in both an investment representative may be incidental to a advisory and broker-dealer capacity.72 After carefully considering the representative’s primary job function One commenter supported the proposal, the comments submitted, and should not obviate the requirements of clarification provided in the Notice FINRA’s response to the comments, the the proposed rule. regarding the treatment of dual hatted Commission finds that the proposed Two commenters requested persons.73 Another commenter noted rule change is consistent with the clarification on whether the proposed that there may be instances where requirements of the Exchange Act and rule would apply when a representative dually registered representatives have rules and regulations thereunder transfers between broker-dealer former clients with only investment applicable to a national securities subsidiaries of the same holding advisory accounts at the former firm and association.77 In particular, the 68 company. In its response to requested clarification on whether the Commission finds that the proposed commenters, FINRA states that it proposed rule would apply to such rule change is consistent with Exchange believes that the facts and former customers.74 Act section 15A(b)(6),78 which requires, circumstances of such representative In its response to commenters, FINRA among other things, that the rules of a transfers may vary. FINRA will consider notes that it proposed to define ‘‘former national securities association be giving additional guidance, as customer’’ to include any customer that designed to prevent fraudulent and appropriate, where specific questions had a securities account assigned to a manipulative acts and practices, to arise regarding representative transfers representative at the representative’s promote just and equitable principles of between broker-dealer subsidiaries of previous firm, excluding a customer trade, to foster cooperation and the same holding company. account that meets the definition of an coordination with persons engaged in In the Notice, FINRA interpreted the institutional account pursuant to Rule facilitating transactions in securities, to proposed rule change as not applying to 4512(c) other than accounts held by any remove impediments to and perfect the circumstances where a customer’s natural person. FINRA would interpret mechanism of a free and open market account is proposed to be transferred to this definition to include an individual and a national market system, and, in a new member via bulk transfer or due who had only an investment advisory general, to protect investors and the to a change of broker-dealer of record.69 account at the representative’s old firm. public interest. Four commenters supported the FINRA notes that the proposed rule The Commission believes that the clarification provided in the Notice in would not apply if the registered person proposed rule change would increase these contexts.70 One commenter stated transferred to a non-member firm or the information available to investors that the interpretation that the proposed associated with a member firm only as an investment adviser representative. 75 RJFS, RJFA. 66 See Notice, supra note 3, 80 FR at 81597. 76 SIFMA. 67 SIFMA. 77 In approving the proposed rule change, the 68 RJA and RJFS. 71 LPL. Commission has considered the impact on 69 See Notice, supra note 3, 80 FR at 81596. 72 See Notice, supra note 3, 80 FR at 81601. efficiency, competition, and capital formation. See 70 SIFMA, FSI, Committee of Annuity Insurers, 73 SIFMA. 15 U.S.C. 78c(f). and LPL. 74 LPL. 78 15 U.S.C. 78o–3(b)(6).

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regarding the potential implications of SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s transferring assets. The Commission COMMISSION Statement of the Purpose of, and the further believes that the proposed Statutory Basis for, the Proposed Rule Change educational communication may [Release No. 34–77433; File No. SR– encourage former customers to make NYSEMKT–2016–38] 1. Purpose inquiries of their representatives, which could increase communication between Self-Regulatory Organizations; NYSE The Exchange proposes to amend customers and representatives about the MKT LLC; Notice of Filing and Rule 13—Equities (‘‘Rule 13’’) to expand potential implications of transferring Immediate Effectiveness of Proposed the availability of STP modifiers to non- assets. The Commission believes that Rule Change Amending Rule 13— algorithmically entered e-Quotes, pegging e-Quotes, and g-Quotes. the increase in information and Equities To Expand the Availability of communication about the potential Self-Trade Prevention Modifiers to STP modifiers arEe [sic] designed to implications of transferring assets will Non-Algorithmically Entered Floor prevent two orders from the same market participant identifier (‘‘MPID’’) benefit customers when deciding Broker Interest whether to transfer assets. assigned to a member organization from March 23, 2016. executing against each other. The STP The Commission does not believe that Pursuant to Section 19(b)(1) of the modifier on the incoming order the proposed rule change will result in determines the interaction between two Securities Exchange Act of 1934 a burden on competition that is not orders marked with STP modifiers and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 necessary or appropriate in furtherance whether the incoming or the resting of the purposes of the Exchange Act. notice is hereby given that on March 15, order would cancel. Both the buy and The Commission believes FINRA has 2016, NYSE MKT LLC (the ‘‘Exchange’’ the sell order must include an STP carefully crafted the proposed rule or ‘‘NYSE MKT’’) filed with the modifier in order to prevent a trade from change to achieve its intended and Securities and Exchange Commission occurring and to effect a cancel necessary regulatory purpose while (‘‘SEC’’ or ‘‘Commission’’) the proposed instruction.3 Currently, under Rule minimizing the burden on firms. rule change as described in Items I, II, 13(f)(3)(B), STP modifiers are available Although the proposed rule change will and III below, which Items have been for Limit Orders and Market Orders impose new requirements upon FINRA prepared by the Exchange. The entered by off-Floor participants, and members, it will apply equally to all Commission is publishing this notice to for e-Quotes, pegging e-Quotes, and g- FINRA members when hiring or solicit comments on the proposed rule Quotes sent to the matching engine by otherwise associating with a registered change from interested persons. an algorithm on behalf of a Floor broker. representative. I. Self-Regulatory Organization’s The Exchange amended Rule 13 to add STP modifiers in 2013.4 At the time, The Commission has considered the Statement of the Terms of Substance of the supporting technology was not the Proposed Rule Change commenters’ views on the proposed rule compatible with Floor broker systems change and believes that FINRA The Exchange proposes to amend and the Exchange chose to deploy STP responded appropriately to the concerns modifiers for other market participants raised. Rule 13—Equities to expand the availability of self-trade prevention while it performed the technical For the reasons stated above, the (‘‘STP’’) modifiers to non- modifications required for the use of 5 Commission finds that the rule change algorithmically entered Floor broker STP modifiers for Floor brokers. The is consistent with the Act and the rules interest. The proposed rule change is Exchange later made STP modifiers available for algorithms used by Floor and regulations thereunder. available on the Exchange’s Web site at brokers to route interest to the www.nyse.com, at the principal office of V. Conclusion Exchange’s matching engine, but the the Exchange, and at the Commission’s IT IS THEREFORE ORDERED, technology supporting STP modifiers Public Reference Room. was still incompatible with all Floor pursuant to Exchange Act section broker systems.6 Now that the 19(b)(2) 79 that the proposed rule change II. Self-Regulatory Organization’s technology to extend STP modifiers to (SR–FINRA–2015–057) be, and hereby Statement of the Purpose of, and all Floor broker systems is available, the is, approved. Statutory Basis for, the Proposed Rule Change Exchange proposes to delete the clause For the Commission, by the Division of ‘‘sent to the matching engine by an Trading and Markets, pursuant to delegated In its filing with the Commission, the algorithm on behalf of a Floor broker’’ authority.80 self-regulatory organization included in Rule 13 to make STP modifiers Brent J. Fields, statements concerning the purpose of, available for eQuotes, pegging e-Quotes, Secretary. and basis for, the proposed rule change and g-Quotes without limitation. No [FR Doc. 2016–06995 Filed 3–28–16; 8:45 am] and discussed any comments it received other changes are proposed to Rule 13. on the proposed rule change. The text Because of the technology changes BILLING CODE 8011–01–P of those statements may be examined at associated with this rule proposal, the the places specified in Item IV below. Exchange will announce the The Exchange has prepared summaries, set forth in sections A, B, and C below, 3 See Rule 13(f)(3)(A); Securities Exchange Act Release No. 69098 (Mar. 11, 2013), 78 FR 16544 of the most significant parts of such (Mar. 15, 2013) (SR–NYSEMKT–2013–21). statements. 4 See Securities Exchange Act Release No. 69098, 78 FR at 16544. 5 See id. 6 See Securities Exchange Act Release No. 69501 79 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). (May 2, 2013), 78 FR 26821 (May 8, 2013) (SR– 80 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. NYSEMKT–2013–36).

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implementation date in a Trader III. Date of Effectiveness of the Paper Comments Update. Proposed Rule Change and Timing for Commission Action • Send paper comments in triplicate 2. Statutory Basis to Secretary, Securities and Exchange The Exchange has filed the proposed The Exchange believes that the Commission, 100 F Street, NE., rule change pursuant to Section Washington, DC 20549–1090. proposed rule change is consistent with 9 7 19(b)(3)(A)(iii) of the Act and Rule Section 6(b) of the Act, in general, and 10 All submissions should refer to File furthers the objectives of Section 6(b)(5) 19b–4(f)(6) thereunder. Because the proposed rule change does not: (i) Number SR–NYSEMKT–2016–38. This of the Act,8 in particular, because it is Significantly affect the protection of file number should be included on the designed to prevent fraudulent and investors or the public interest; (ii) subject line if email is used. To help the manipulative acts and practices, impose any significant burden on Commission process and review your promote just and equitable principles of competition; and (iii) become operative comments more efficiently, please use trade, remove impediments to and prior to 30 days from the date on which only one method. The Commission will perfect the mechanism of a free and it was filed, or such shorter time as the open market and a national market post all comments on the Commission’s Commission may designate, if system, and protect investors and the Internet Web site (http://www.sec.gov/ consistent with the protection of public interest. In particular, the rules/sro.shtml). Copies of the investors and the public interest, the Exchange believes that extending STP submission, all subsequent proposed rule change has become modifiers to non-algorithmically entered amendments, all written statements effective pursuant to Section 19(b)(3)(A) Floor broker interest would provide with respect to the proposed rule of the Act and Rule 19b–4(f)(6)(iii) Floor brokers with an additional change that are filed with the thereunder. opportunity to prevent unintended Commission, and all written executions by Floor broker customers A proposed rule change filed under communications relating to the with themselves or the potential for Rule 19b–4(f)(6) 11 normally does not proposed rule change between the ‘‘wash sales’’ that may occur as a result become operative prior to 30 days after Commission and any person, other than of the velocity of trading in today’s the date of the filing. However, pursuant those that may be withheld from the high-speed marketplace, thereby to Rule 19b4(f)(6)(iii),12 the Commission public in accordance with the removing impediments to and may designate a shorter time if such provisions of 5 U.S.C. 552, will be perfecting the mechanism of a free and action is consistent with the protection available for Web site viewing and open market. The Exchange notes that of investors and the public interest. printing in the Commission’s Public STP modifiers would not alleviate, or At any time within 60 days of the Reference Room, 100 F Street NE., otherwise exempt, broker-dealers from filing of such proposed rule change, the Washington, DC 20549 on official their best execution obligations. Commission summarily may business days between the hours of temporarily suspend such rule change if B. Self-Regulatory Organization’s 10:00 a.m. and 3:00 p.m. Copies of the it appears to the Commission that such Statement on Burden on Competition filing also will be available for action is necessary or appropriate in the inspection and copying at the principal public interest, for the protection of The Exchange does not believe that office of the Exchange. All comments investors, or otherwise in furtherance of the proposed rule change will impose received will be posted without change; any burden on competition that is not the purposes of the Act. If the the Commission does not edit personal necessary or appropriate in furtherance Commission takes such action, the identifying information from of the purposes of the Act. The Commission shall institute proceedings Exchange believes that the proposal under Section 19(b)(2)(B) 13 of the Act to submissions. You should submit only would provide Floor brokers with an determine whether the proposed rule information that you wish to make additional opportunity to prevent change should be approved or available publicly. All submissions unintended self-trades from occurring. disapproved. should refer to File Number SR– NYSEMKT–2016–38, and should be The Exchange notes that it operates in IV. Solicitation of Comments a highly competitive market in which submitted on or before April 19, 2016. market participants can readily direct Interested persons are invited to For the Commission, by the Division of order flow to competing venues offering submit written data, views, and Trading and Markets, pursuant to delegated similar functionality. Many competing arguments concerning the foregoing, authority.14 venues offer similar functionality to including whether the proposed rule Brent J. Fields, market participants. To this end, the change is consistent with the Act. Secretary. Exchange is proposing a market Comments may be submitted by any of enhancement to provide greater the following methods: [FR Doc. 2016–06996 Filed 3–28–16; 8:45 am] protections from inadvertent executions, BILLING CODE 8011–01–P Electronic Comments and encourage market participants to trade on the Exchange. • Use the Commission’s Internet C. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement on Comments on the rules/sro.shtml); or Proposed Rule Change Received From • Send an email to rule-comments@ Members, Participants, or Others sec.gov. Please include File Number SR– NYSEMKT–2016–38 on the subject line. No written comments were solicited or received with respect to the proposed 9 15 U.S.C. 78s(b)(3)(A)(iii). rule change. 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6). 7 15 U.S.C. 78f(b). 12 17 CFR 240.19b–4(f)(6)(iii). 8 15 U.S.C. 78f(b)(5). 13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s because it will allow the Exchange and COMMISSION Statement of the Purpose of, and the the Commission additional time to Statutory Basis for, the Proposed Rule analyze data regarding the Program that Change the Exchange has committed to [Release No. 34–77424; File No. SR– provide.6 As such, the Exchange NYSEMKT–2016–39] 1. Purpose believes that it is appropriate to extend The purpose of this filing is to extend 7 Self-Regulatory Organizations; NYSE the current operation of the Program. the pilot period of the Retail Liquidity Through this filing, the Exchange seeks MKT LLC; Notice of Filing and Program, currently scheduled to expire to amend NYSE MKT Rule 107C(m)— Immediate Effectiveness of Proposed on March 31, 2016, until August 31, Equities and extend the current pilot Rule Change Extending the Pilot 2016.4 period of the Program until August 31, Period for the Exchange’s Retail 2016. Liquidity Program Background In July 2012, the Commission 2. Statutory Basis March 23, 2016. approved the Retail Liquidity Program The proposed rule change is Pursuant to section 19(b)(1) 1 of the on a pilot basis.5 The Program is consistent with section 6(b) of the Act,8 Securities Exchange Act of 1934 (the designed to attract retail order flow to in general, and furthers the objectives of ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the Exchange, and allows such order section 6(b)(5),9 in particular, in that it notice is hereby given that on March 17, flow to receive potential price is designed to promote just and 2016, NYSE MKT LLC (the ‘‘Exchange’’ improvement. The Program is currently equitable principles of trade, to remove or ‘‘NYSE MKT’’) filed with the limited to trades occurring at prices impediments to and perfect the Securities and Exchange Commission equal to or greater than $1.00 per share. mechanism of a free and open market (the ‘‘Commission’’) the proposed rule Under the Program, Retail Liquidity and a national market system, and, in change as described in Items I and II Providers (‘‘RLPs’’) are able to provide general, to protect investors and the potential price improvement in the form below, which Items have been prepared public interest. The Exchange believes of a non-displayed order that is priced by the self-regulatory organization. The that extending the pilot period for the better than the Exchange’s best Commission is publishing this notice to Retail Liquidity Program is consistent protected bid or offer (‘‘PBBO’’), called with these principles because the solicit comments on the proposed rule a Retail Price Improvement Order Program is reasonably designed to change from interested persons. (‘‘RPI’’). When there is an RPI in a attract retail order flow to the exchange I. Self-Regulatory Organization’s particular security, the Exchange environment, while helping to ensure Statement of the Terms of Substance of disseminates an indicator, known as the that retail investors benefit from the the Proposed Rule Change Retail Liquidity Identifier, indicating better price that liquidity providers are that such interest exists. Retail Member willing to give their orders. The Exchange proposes to extend the Organizations (‘‘RMOs’’) can submit a Additionally, as previously stated, the pilot period for the Exchange’s Retail Retail Order to the Exchange, which competition promoted by the Program Liquidity Program (the ‘‘Retail Liquidity would interact, to the extent possible, may facilitate the price discovery Program’’ or the ‘‘Program’’), which is with available contra-side RPIs. process and potentially generate currently scheduled to expire on March The Retail Liquidity Program was additional investor interest in trading 31, 2016, until August 31, 2016. The approved by the Commission on a pilot securities. The extension of the pilot proposed rule change is available on the basis. Pursuant to NYSE MKT Rule period will allow the Commission and Exchange’s Web site at www.nyse.com, 107C(m)—Equities, the pilot period for the Exchange to continue to monitor the at the principal office of the Exchange, the Program is scheduled to end on Program for its potential effects on March 31, 2016. and at the Commission’s Public public price discovery, and on the broader market structure. Reference Room. Proposal to Extend the Operation of the Program B. Self-Regulatory Organization’s II. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and The Exchange established the Retail Statutory Basis for, the Proposed Rule Liquidity Program in an attempt to The Exchange does not believe that Change attract retail order flow to the Exchange the proposed rule change will impose by potentially providing price any burden on competition that is not In its filing with the Commission, the improvement to such order flow. The necessary or appropriate in furtherance self-regulatory organization included Exchange believes that the Program of the purposes of the Act. The statements concerning the purpose of, promotes competition for retail order proposed rule change simply extends an and basis for, the proposed rule change flow by allowing Exchange members to established pilot program for an and discussed any comments it received submit RPIs to interact with Retail additional six months, thus allowing the on the proposed rule change. The text Orders. Such competition has the ability Retail Liquidity Program to enhance of those statements may be examined at to promote efficiency by facilitating the competition for retail order flow and the places specified in Item IV below. price discovery process and generating 6 See id. at 40681. The Exchange has prepared summaries, additional investor interest in trading securities, thereby promoting capital 7 Concurrently with this filing, the Exchange has set forth in sections A, B, and C below, formation. The Exchange believes that submitted a request for an extension of the of the most significant parts of such exemption under Regulation NMS Rule 612 extending the pilot is appropriate statements. previously granted by the Commission that permits it to accept and rank the undisplayed RPIs. See 4 See Securities Exchange Act Release No. 75995 Letter from Martha Redding, Asst. Corporate (September 28, 2015), 80 FR 59836 (October 2, Secretary, NYSE Group, Inc. to Brent J. Fields, 2015) (SR–NYSEMKT–2015–69). Secretary, Securities and Exchange Commission, 1 15 U.S.C.78s(b)(1). 5 See Securities Exchange Act Release No. 67347 dated March 17, 2016. 2 15 U.S.C. 78a. (July 3, 2012), 77 FR 40673 (July 10, 2012) (‘‘RLP 8 15 U.S.C. 78f(b). 3 17 CFR 240.19b–4. Approval Order’’) (SR–NYSEAmex-2011–84). 9 15 U.S.C. 78f(b)(5).

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contribute to the public price discovery Commission hereby waives the 30-day Washington, DC 20549 on official process. operative delay and designates the business days between the hours of proposal operative upon filing.16 10:00 a.m. and 3:00 p.m. Copies of the C. Self-Regulatory Organization’s At any time within 60 days of the filing also will be available for Statement on Comments on the inspection and copying at the principal Proposed Rule Change Received From filing of the proposed rule change, the office of the Exchange. All comments Members, Participants, or Others Commission summarily may temporarily suspend such rule change if received will be posted without change; No written comments were solicited it appears to the Commission that such the Commission does not edit personal or received with respect to the proposed action is necessary or appropriate in the identifying information from rule change. public interest, for the protection of submissions. You should submit only III. Date of Effectiveness of the investors, or otherwise in furtherance of information that you wish to make Proposed Rule Change and Timing for the purposes of the Act. If the available publicly. All submissions Commission Action Commission takes such action, the should refer to File Number SR– Commission shall institute proceedings NYSEMKT–2016–39 and should be The Exchange has filed the proposed to determine whether the proposed rule submitted on or before April 19, 2016. rule change pursuant to section change should be approved or 19(b)(3)(A) of the Act 10 and Rule 19b– For the Commission, by the Division of 11 disapproved. Trading and Markets, pursuant to delegated 4(f)(6) thereunder. Because the authority.17 proposed rule change does not: (i) IV. Solicitation of Comments Brent J. Fields, significantly affect the protection of Interested persons are invited to investors or the public interest; (ii) Secretary. submit written data, views, and [FR Doc. 2016–06989 Filed 3–28–16; 8:45 am] impose any significant burden on arguments concerning the foregoing, competition; and (iii) become operative BILLING CODE 8011–01–P including whether the proposed rule prior to 30 days from the date on which change is consistent with the Act. it was filed, or such shorter time as the Comments may be submitted by any of Commission may designate, if SECURITIES AND EXCHANGE the following methods: consistent with the protection of COMMISSION investors and the public interest, the Electronic Comments [Release No. 34–77425; File No. SR– proposed rule change has become • Use the Commission’s Internet NYSEArca–2016–47] effective pursuant to section 19(b)(3)(A) comment form (http://www.sec.gov/ 12 Self-Regulatory Organizations; NYSE of the Act and Rule 19b–4(f)(6) rules/sro.shtml); or 13 Arca, Inc.; Notice of Filing and thereunder. Send an email to rule-comments@ • Immediate Effectiveness of Proposed A proposed rule change filed under sec.gov. Please include File Number SR– 14 Rule Change To Extend the Pilot Rule 19b–4(f)(6) normally does not NYSEMKT–2016–39 on the subject line. become operative prior to 30 days after Period for the Exchange’s Retail the date of the filing. However, pursuant Paper Comments Liquidity Program, Which Is Currently 15 Scheduled To Expire on March 31, to Rule 19b4(f)(6)(iii), the Commission • Send paper comments in triplicate may designate a shorter time if such to Secretary, Securities and Exchange 2016, Until August 31, 2016 action is consistent with the protection Commission, 100 F Street NE., March 23, 2016. of investors and the public interest. The Washington, DC 20549–1090. Pursuant to Section 19(b)(1) 1 of the Exchange has asked the Commission to All submissions should refer to File Securities Exchange Act of 1934 (the waive the 30-day operative delay so that Number SR–NYSEMKT–2016–39. This ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the proposed rule change may become file number should be included on the notice is hereby given that, on March operative before the current expiration subject line if email is used. To help the 21, 2016, NYSE Arca, Inc. (the of the pilot period. The Commission Commission process and review your ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with believes that waiving the 30-day comments more efficiently, please use the Securities and Exchange operative delay is consistent with the only one method. The Commission will Commission (the ‘‘Commission’’) the protection of investors and the public post all comments on the Commission’s proposed rule change as described in interest, because waiver would allow Internet Web site (http://www.sec.gov/ Items I and II below, which Items have the pilot period to continue rules/sro.shtml). Copies of the been prepared by the self-regulatory uninterrupted after its current submission, all subsequent organization. The Commission is expiration date of March 31, 2016, amendments, all written statements publishing this notice to solicit thereby avoiding any potential investor with respect to the proposed rule comments on the proposed rule change confusion that could result from change that are filed with the from interested persons. temporary interruption in the pilot Commission, and all written program. For this reason, the I. Self-Regulatory Organization’s communications relating to the Statement of the Terms of Substance of 10 15 U.S.C. 78s(b)(3)(A). proposed rule change between the the Proposed Rule Change 11 Commission and any person, other than 17 CFR 240.19b-4(f)(6). The Exchange proposes to extend the 12 those that may be withheld from the 15 U.S.C. 78s(b)(3)(A). pilot period for the Exchange’s Retail 13 17 CFR 240.19b-4(f)(6). In addition, Rule 19b- public in accordance with the 4(f)(6)(iii) requires the Exchange to give the provisions of 5 U.S.C. 552, will be Liquidity Program (the ‘‘Retail Liquidity Commission written notice of the Exchange’s intent available for Web site viewing and Program’’ or the ‘‘Program’’), which is to file the proposed rule change, along with a brief printing in the Commission’s Public currently scheduled to expire on March description and text of the proposed rule change, 31, 2016, until August 31, 2016. The at least five business days prior to the date of filing Reference Room, 100 F Street NE., of the proposed rule change, or such shorter time 17 as designated by the Commission. The Exchange 16 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12). has satisfied this requirement. operative delay, the Commission has considered the 1 15 U.S.C.78s(b)(1). 14 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 2 15 U.S.C. 78a. 15 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.

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proposed rule change is available on the Program was originally scheduled to 2. Statutory Basis Exchange’s Web site at www.nyse.com, end twelve months after the date of The proposed rule change is at the principal office of the Exchange, implementation. Because the Program consistent with Section 6(b) of the Act,9 and at the Commission’s Public was implemented on April 14, 2014, the in general, and furthers the objectives of Reference Room. first pilot period for the Program ended Section 6(b)(5),10 in particular, in that it II. Self-Regulatory Organization’s on April 14, 2015 and the Exchange is designed to promote just and Statement of the Purpose of, and extended the pilot period to March 31, equitable principles of trade, to remove Statutory Basis for, the Proposed Rule 2016.5 In 2015, the Exchange adopted impediments to and perfect the Change NYSE Arca Equities Rule 7.44P, which mechanism of a free and open market will govern the Retail Liquidity Program and a national market system, and, in In its filing with the Commission, the general, to protect investors and the self-regulatory organization included when the Exchange implements its Pillar trading platform.6 public interest. The Exchange believes statements concerning the purpose of, that extending the pilot period for the and basis for, the proposed rule change Proposal To Extend the Operation of the Retail Liquidity Program is consistent and discussed any comments it received Program with these principles because the on the proposed rule change. The text Program is reasonably designed to of those statements may be examined at The Exchange established the Retail attract retail order flow to the exchange the places specified in Item IV below. Liquidity Program in an attempt to environment, while helping to ensure The Exchange has prepared summaries, attract retail order flow to the Exchange that retail investors benefit from the set forth in sections A, B, and C below, by potentially providing price better price that liquidity providers are of the most significant parts of such improvement to such order flow. The willing to give their orders. statements. Exchange believes that the Program Additionally, as previously stated, the A. Self-Regulatory Organization’s promotes competition for retail order competition promoted by the Program Statement of the Purpose of, and the flow by allowing Exchange members to may facilitate the price discovery Statutory Basis for, the Proposed Rule submit RPIs to interact with Retail process and potentially generate Change Orders. Such competition has the ability additional investor interest in trading to promote efficiency by facilitating the securities. The extension of the pilot 1. Purpose price discovery process and generating period will allow the Commission and The purpose of this filing is to extend additional investor interest in trading the Exchange to continue to monitor the the pilot period of the Retail Liquidity securities, thereby promoting capital Program for its potential effects on Program, currently scheduled to expire formation. The Exchange believes that public price discovery, and on the on March 31, 2016, until August 31, extending the pilot is appropriate broader market structure. 2016. because it will allow the Exchange and B. Self-Regulatory Organization’s Background the Commission additional time to Statement on Burden on Competition In December 2013, the Commission analyze data regarding the Program that The Exchange does not believe that approved the Retail Liquidity Program the Exchange has committed to the proposed rule change will impose 7 on a pilot basis.4 The Program is provide. As such, the Exchange any burden on competition that is not designed to attract retail order flow to believes that it is appropriate to extend necessary or appropriate in furtherance the Exchange, and allows such order the current operation of the Program.8 of the purposes of the Act. The flow to receive potential price Through this filing, the Exchange seeks proposed rule change simply extends an improvement. The Program is currently to amend NYSE Arca Equities Rule established pilot program for an limited to trades occurring at prices 7.44(m) and Rule 7.44P(m) and extend additional six months, thus allowing the equal to or greater than $1.00 per share. the current pilot period of the Program Retail Liquidity Program to enhance Under the Program, Retail Liquidity until March 31, 2016. competition for retail order flow and Providers (‘‘RLPs’’) are able to provide contribute to the public price discovery potential price improvement in the form 5 The Exchange announced the implementation process. of a non-displayed order that is priced date by Trader Update, which is available here: C. Self-Regulatory Organization’s better than the Exchange’s best https://www.nyse.com/publicdocs/nyse/ notifications/trader-update/2014 04 07 Arca Statement on Comments on the protected bid or offer (‘‘PBBO’’), called _ _ _ _ RLP%20GO%20LIVE.pdf. See Securities Exchange Proposed Rule Change Received From a Retail Price Improvement Order Act Release No. 75994 (September 28, 2015), 80 FR Members, Participants, or Others (‘‘RPI’’). When there is an RPI in a 59834 (October 2, 2015) (SR–NYSEArca–2015–84). particular security, the Exchange 6 See Securities Exchange Act Release No. 76267 No written comments were solicited disseminates an indicator, known as the (Oct. 26, 2015), 80 FR 66951 (Oct. 30, 2015) (SR– or received with respect to the proposed Retail Liquidity Identifier, indicating NYSEArca–2015–56) (‘‘Pillar Approval Order’’). rule change. NYSE Arca Equities Rule 7.44P(m) was recently that such interest exists. Retail Member amended to reflect the current date the Retail III. Date of Effectiveness of the Organizations (‘‘RMOs’’) can submit a Liquidity Program expires. See Securities Exchange Proposed Rule Change and Timing for Retail Order to the Exchange, which Act Release No. 77236 (February 25, 2016), 81 FR Commission Action would interact, to the extent possible, 10943 (March 2, 2016) (SR–NYSEArca–2016–30). with available contra-side RPIs. 7 See RLP Approval Order, supra n. 4, 78 FR at The Exchange has filed the proposed The Retail Liquidity Program was 79529. rule change pursuant to Section 8 11 approved by the Commission on a pilot Concurrently with this filing, the Exchange has 19(b)(3)(A) of the Act and Rule 19b– 12 basis. Pursuant to NYSE Arca Equities submitted a request for an extension of the 4(f)(6) thereunder. Because the exemption under Regulation NMS Rule 612 proposed rule change does not: (i) Rule 7.44(m), the pilot period for the previously granted by the Commission that permits it to accept and rank the undisplayed RPIs. See 9 4 See Securities Exchange Act Release No. 71176 Letter from Martha Redding, Asst. Corporate 15 U.S.C. 78f(b). (December 23, 2013), 78 FR 79524 (December 30, Secretary, NYSE Group, Inc. to Brent J. Fields, 10 15 U.S.C. 78f(b)(5). 2013) (SR–NYSEArca–2013–107) (‘‘RLP Approval Secretary, Securities and Exchange Commission, 11 15 U.S.C. 78s(b)(3)(A). Order’’). dated March 17, 2016. 12 17 CFR 240.19b–4(f)(6).

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Significantly affect the protection of IV. Solicitation of Comments For the Commission, by the Division of investors or the public interest; (ii) Trading and Markets, pursuant to delegated impose any significant burden on Interested persons are invited to authority.18 competition; and (iii) become operative submit written data, views, and Brent J. Fields, prior to 30 days from the date on which arguments concerning the foregoing, Secretary. including whether the proposed rule it was filed, or such shorter time as the [FR Doc. 2016–06990 Filed 3–28–16; 8:45 am] Commission may designate, if change is consistent with the Act. consistent with the protection of Comments may be submitted by any of BILLING CODE 8011–01–P investors and the public interest, the the following methods: proposed rule change has become Electronic Comments SECURITIES AND EXCHANGE effective pursuant to Section 19(b)(3)(A) 13 COMMISSION of the Act and Rule 19b–4(f)(6) • Use the Commission’s Internet 14 thereunder. comment form (http://www.sec.gov/ [Release No. 34–77428; File No. SR– A proposed rule change filed under rules/sro.shtml); or Rule 19b–4(f)(6) 15 normally does not NASDAQ–2016–038] become operative prior to 30 days after • Send an email to rule-comments@ the date of the filing. However, pursuant sec.gov. Please include File Number SR– Self-Regulatory Organizations; The to Rule 19b4(f)(6)(iii),16 the Commission NYSEArca–2016–47 on the subject line. NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of may designate a shorter time if such Paper Comments action is consistent with the protection Proposed Rule Change To Amend of investors and the public interest. The • Send paper comments in triplicate Chapter XI (Doing Business With the Exchange has asked the Commission to to Secretary, Securities and Exchange Public), Section 8 (Supervision of waive the 30-day operative delay so that Commission, 100 F Street NE., Accounts) of the Exchange’s Rulebook the proposed rule change may become Washington, DC 20549–1090. operative before the current expiration March 23, 2016. of the pilot period. The Commission All submissions should refer to File Pursuant to Section 19(b)(1) of the believes that waiving the 30-day Number SR–NYSEArca–2016–47. This Securities Exchange Act of 1934 operative delay is consistent with the file number should be included on the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 protection of investors and the public subject line if email is used. To help the notice is hereby given that on March 14, interest, because waiver would allow Commission process and review your 2016, The NASDAQ Stock Market LLC the pilot period to continue comments more efficiently, please use (‘‘Exchange’’) filed with the Securities uninterrupted after its current only one method. The Commission will and Exchange Commission expiration date of March 31, 2016, post all comments on the Commission’s (‘‘Commission’’) the proposed rule thereby avoiding any potential investor Internet Web site (http://www.sec.gov/ change as described in Items I, II, and confusion that could result from rules/sro.shtml). Copies of the III, below, which Items have been temporary interruption in the pilot submission, all subsequent substantially prepared by the Exchange. program. For this reason, the amendments, all written statements The Commission is publishing this Commission hereby waives the 30-day with respect to the proposed rule notice to solicit comments on the operative delay and designates the change that are filed with the proposed rule change from interested proposal operative upon filing.17 Commission, and all written persons. At any time within 60 days of the communications relating to the filing of the proposed rule change, the proposed rule change between the I. Self-Regulatory Organization’s Commission summarily may Commission and any person, other than Statement of the Terms of Substance of temporarily suspend such rule change if the Proposed Rule Change it appears to the Commission that such those that may be withheld from the action is necessary or appropriate in the public in accordance with the The Exchange proposes to amend public interest, for the protection of provisions of 5 U.S.C. 552, will be Chapter XI (Doing Business with the investors, or otherwise in furtherance of available for Web site viewing and Public), Section 8 (Supervision of the purposes of the Act. If the printing in the Commission’s Public Accounts) of the Exchange’s rulebook to Commission takes such action, the Reference Room, 100 F Street NE., remove outdated references to three Commission shall institute proceedings Washington, DC 20549 on official National Association of Securities to determine whether the proposed rule business days between the hours of Dealers, Inc. (‘‘NASD’’) rules and to change should be approved or 10:00 a.m. and 3:00 p.m. Copies of the replace those references with references disapproved. filing also will be available for to four successor Financial Industry inspection and copying at the principal Regulatory Authority, Inc. (‘‘FINRA’’) 13 15 U.S.C. 78s(b)(3)(A). office of the Exchange. All comments rules which have replaced them. 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– received will be posted without change; 4(f)(6)(iii) requires the Exchange to give the the Commission does not edit personal The text of the proposed rule change Commission written notice of the Exchange’s intent is available on the Exchange’s Web site to file the proposed rule change, along with a brief identifying information from description and text of the proposed rule change, submissions. You should submit only at http://nasdaq.cchwallstreet.com, at at least five business days prior to the date of filing information that you wish to make the principal office of the Exchange, and of the proposed rule change, or such shorter time at the Commission’s Public Reference as designated by the Commission. The Exchange available publicly. All submissions has satisfied this requirement. should refer to File Number SR– Room. 15 17 CFR 240.19b–4(f)(6). NYSEArca–2016–47 and should be 16 17 CFR 240.19b–4(f)(6)(iii). submitted on or before April 19, 2016. 17 For purposes only of waiving the 30-day 18 17 CFR 200.30–3(a)(12). operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s Exchange therefore proposes to make a 19(b)(3)(A)(iii) of the Act 7 and Rule Statement of the Purpose of, and conforming change to the Options 19b–4(f)(6) thereunder.8 Statutory Basis for, the Proposed Rule Supervision Rules by deleting At any time within 60 days of the Change references to the Old NASD Rules and filing of the proposed rule change, the In its filing with the Commission, the replacing them with references to Commission summarily may Exchange included statements FINRA Rules 3110, 3120, 3130 and temporarily suspend such rule change if concerning the purpose of, and basis for, 3170. it appears to the Commission that such action is: (i) Necessary or appropriate in the proposed rule change and discussed 2. Statutory Basis any comments it received on the the public interest; (ii) for the protection proposed rule change. The text of these The Exchange believes that its of investors; or (iii) otherwise in statements may be examined at the proposal is consistent with Section 6(b) furtherance of the purposes of the Act. places specified in Item IV below. The of the Act 5 in general, and furthers the If the Commission takes such action, the Exchange has prepared summaries, set objectives of Section 6(b)(5) of the Act 6 Commission shall institute proceedings forth in sections A, B, and C below, of in particular, in that it is designed to to determine whether the proposed rule the most significant aspects of such promote just and equitable principles of should be approved or disapproved. statements. trade, to remove impediments to and IV. Solicitation of Comments perfect the mechanism of a free and A. Self-Regulatory Organization’s open market and a national market Interested persons are invited to Statement of the Purpose of, and system, and, in general to protect submit written data, views, and Statutory Basis for, the Proposed Rule investors and the public interest, by arguments concerning the foregoing, Change removing references to outdated NASD including whether the proposed rule change is consistent with the Act. 1. Purpose rules, thus minimizing any potential confusion on the part of members and Comments may be submitted by any of The Exchange is proposing to amend other market participants regarding the the following methods: Chapter XI (Doing Business with the standards and rules to which Exchange Electronic Comments Public), Section 8 (Supervision of members are subject. Accounts) of the Exchange’s rulebook • Use the Commission’s Internet (the ‘‘Options Supervision Rules’’) to B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ remove outdated references to three Statement on Burden on Competition rules/sro.shtml); or NASD rules and to replace those • Send an email to rule-comments@ references with references to four The Exchange does not believe that sec.gov. Please include File Number SR– successor FINRA rules which have the proposed rule change will impose NASDAQ–2016–038 on the subject line. 3 any burden on competition not replaced them. Paper Comments Currently, the Options Supervision necessary or appropriate in furtherance Rules provide in Section 8(a) that each of the purposes of the Act. As the • Send paper comments in triplicate member that conducts a public amendments merely correct the to Secretary, Securities and Exchange customer options business shall ensure Exchange rules to refer to the current Commission, 100 F Street NE., that its written supervisory system FINRA rules discussed above, it has no Washington, DC 20549–1090. policies and procedures pursuant to impact on competition. All submissions should refer to File NASD Rules 3010, 3012, and 3013 (the C. Self-Regulatory Organization’s Number SR–NASDAQ–2016–038. This ‘‘Old NASD Rules’’) adequately address Statement on Comments on the file number should be included on the the member’s public customer options Proposed Rule Change Received From subject line if email is used. To help the business. Since the adoption by the Members, Participants, or Others Commission process and review your Exchange of the Options Supervision comments more efficiently, please use Rules, FINRA has updated its own No written comments were either only one method. The Commission will rulebook and deleted the Old NASD solicited or received. post all comments on the Commission’s Rules, adopting in their place FINRA III. Date of Effectiveness of the Internet Web site (http://www.sec.gov/ Rules 3110, 3120, 3130 and 3170.4 The Proposed Rule Change and Timing for rules/sro.shtml). Commission Action Copies of the submission, all 3 The current FINRA rulebook consists of: (1) subsequent amendments, all written FINRA rules; (2) NASD rules; and (3) rules Because the foregoing proposed rule statements with respect to the proposed incorporated from NYSE (Incorporated NYSE Rules) (together, the NASD rules and Incorporated NYSE change does not: (i) Significantly affect rule change that are filed with the Rules are referred to as the ‘‘Transitional the protection of investors or the public Commission, and all written Rulebook’’). As part of the process of developing a interest; (ii) impose any significant communications relating to the new consolidated rulebook (the ‘‘Consolidated burden on competition; and (iii) become proposed rule change between the FINRA Rulebook’’), FINRA adopted FINRA Rules 3110, 3120, 3130 and 3170, which the Exchange operative for 30 days from the date on Commission and any person, other than seeks to incorporate in the Options Supervision which it was filed, or such shorter time those that may be withheld from the Rules. as the Commission may designate, it has public in accordance with the 4 FINRA Rules 3110 (Supervision) and 3120 become effective pursuant to Section provisions of 5 U.S.C. 552, will be (Supervisory Control System) were adopted by available for Web site viewing and FINRA to replace NASD Rules 3010 (Supervision) and 3012 (Supervisory Control System). In addition, (Proposed Consolidated FINRA Rules Governing new FINRA Rule 3170 (Tape Recording of Supervision and Supervisory Controls). FINRA Rule 7 15 U.S.C. 78s(b)(3)(a)(iii). Registered Persons by Certain Firms) replaced 3130 (Annual Certification of Compliance and 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– NASD Rule 3010(b)(2). The new rules became Supervisory Processes) replaced NASD Rule 3013 4(f)(6) requires a self-regulatory organization to give effective on December 1, 2014. See Securities (Annual Certification of Compliance and the Commission written notice of its intent to file Exchange Act Release No. 71179 (Dec. 23, 2013), 78 Supervisory Processes) in 2008. See Securities the proposed rule change at least five business days FR 79542 (Dec. 30, 2013) (Order Approving Exchange Act Release No. 58661 (Sept. 26, 2008), prior to the date of filing of the proposed rule Proposed Rule Change as Modified by Amendment 73 FR 57395 (Oct. 2, 2008) (SR–FINRA–2008–030). change, or such shorter time as designated by the No. 1) (File No. SR–FINRA–2013–025); see also 5 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this FINRA Regulatory Notice 08–24 (May 2008) 6 15 U.S.C. 78f(b)(5). requirement.

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printing in the Commission’s Public at www.nyse.com, at the principal office and the relative share of electronic Reference Room, 100 F Street NE., of the Exchange, and at the volume in a given class of options (the Washington, DC 20549–1090, on official Commission’s Public Reference Room. Primary Specialist Criteria’’).7 Per business days between the hours of current Rule 964.2NY(a), the Exchange II. Self-Regulatory Organization’s 10:00 a.m. and 3:00 p.m. Copies of the will publish the Primary Specialist Statement of the Purpose of, and filing also will be available for Criteria, including the relative Statutory Basis for, the Proposed Rule inspection and copying at the principal weighting of each factor, by Regulatory Change office of the Exchange. All comments Bulletin at least 5 business days prior to received will be posted without change; In its filing with the Commission, the an evaluation period. The Exchange the Commission does not edit personal self-regulatory organization included adopted the quarterly contest for identifying information from statements concerning the purpose of, Primary Specialist in 2012 to enhance submissions. You should submit only and basis for, the proposed rule change quote competition among the Specialist information that you wish to make and discussed any comments it received Pool participants.8 available publicly. on the proposed rule change. The text The Exchange proposes to modify the All submissions should refer to File of those statements may be examined at Primary Specialist Criteria to include Number SR–NASDAQ–2016–038 and the places specified in Item IV below. the electronic volumes from resting should be submitted on or before April The Exchange has prepared summaries, quotes and orders in the Consolidated 19, 2016. set forth in sections A, B, and C below, Book 9 for each Specialist and e- of the most significant parts of such Specialist. While the current Primary For the Commission, by the Division of statements. Trading and Markets, pursuant to delegated Specialist Criteria includes ‘‘electronic authority.9 A. Self-Regulatory Organization’s volume,’’ this can be composed of Brent J. Fields, Statement of the Purpose of, and the liquidity-taking volume. The Exchange believes the new criterion would enable Secretary. Statutory Basis for, the Proposed Rule Change the Exchange to better account for the [FR Doc. 2016–06993 Filed 3–28–16; 8:45 am] liquidity-making volume of each BILLING CODE 8011–01–P 1. Purpose Specialist and e-Specialist. The The Exchange is proposing changes to Exchange believes this proposal also Rule 964.2NY regarding the provides the Exchange the ability to SECURITIES AND EXCHANGE reward Specialists and e-Specialists that COMMISSION participation entitlement formula for Specialists and e-Specialists as contribute significant volumes through [Release No. 34–77435; File No. SR– described below.4 market making activity. The Exchange NYSEMKT–2016–41] Rule 964NY sets forth the priority for believes that having the ability to the allocation of incoming orders to reward such participants would Self-Regulatory Organizations; NYSE resting interest at a particular price in incentivize Specialist Pool Participants MKT LLC; Notice of Filing and the System,5 which includes the to increase their posted volume on the Immediate Effectiveness of Proposed allocation to the Specialist Pool.6 Rule Exchange, which benefits other market Rule Change to Rule 964.2NY 964.2NY sets forth the participant participants through the improvement Regarding the Participation entitlement formula applicable to the of the price and size of the displayed Entitlement Formula for Specialists Specialist Pool and provides that, on a market. and e-Specialists quarterly basis, the Exchange will The Exchange also proposes at this March 23, 2016. determine a Primary Specialist in each time to make a procedural change for Pursuant to Section 19(b)(1) 1 of the option class. announcements regarding the Primary Securities Exchange Act of 1934 (the To select the Primary Specialist, the Specialist Criteria and any additional ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Exchange objectively evaluates the weighting to the Primary Specialist notice is hereby given that on March 21, relative quote performance of each amongst the Specialist Pool. Presently 2016, NYSE MKT LLC (the ‘‘Exchange’’ Specialist and e-Specialist focusing on the Exchange issues Regulatory or ‘‘NYSE MKT’’) filed with the one or more of the following optional Bulletins when making such Securities and Exchange Commission factors: time and size at the NBBO, announcements. Going forward, the (the ‘‘Commission’’) the proposed rule average quote width, average quote size, Exchange proposes to issue a Trader change as described in Items I and II Update in lieu of a Regulatory Bulletin. below, which Items have been prepared 4 A Specialist is ‘‘an individual or entity that has Regulatory Bulletins generally contain by the self-regulatory organization. The been deemed qualified by the Exchange for the information regarding legal and purpose of making transactions on the Exchange in regulatory matters while Trader Updates Commission is publishing this notice to accordance with the provisions of Rule 920NY solicit comments on the proposed rule [Market Makers], and who meets the qualification deal with issues such as trading, change from interested persons. requirements of Rule 927NY(b) [Specialists]. Each systems changes and real-time market Specialist must be registered with the Exchange as I. Self-Regulatory Organization’s a Market Maker. Any ATP Holder registered as a 7 See Rule 964.2NY(a). The Primary Specialist’s Statement of the Terms of Substance of Market Maker with the Exchange is eligible to be size pro-rata participation in the Specialist Pool qualified as a Specialist. See Rule 900.2NY(76). also receives additional weighting amongst the Proposed Rule Change Rule 923NY(b) also provides that ‘‘[t]he Exchange Specialist Pool participants, which is determined The Exchange proposes to Rule may designate e-Specialists in an option class in by the Exchange and announced via Regulatory accordance with Rule 927.4NY[e-Specialists].’’ Id. 964.2NY regarding the participation Bulletin. See Rule 964.2NY(b)(3)(A). 5 The term ‘‘System’’ refers to the Exchange’s 8 See Securities Exchange Release No. 34–67421 entitlement formula for Specialists and electronic order delivery, execution and reporting (July 12, 2012), 77 FR 42349 (July 18, 2012) (SR– e-Specialists. The proposed rule change system through which orders and quotes for listed NYSEAmex–2012–31) (approval order). is available on the Exchange’s Web site options are consolidated for execution and/or 9 The Consolidated Book is ‘‘the Exchange’s display. See Rule 900.2NY(48) (defining ‘‘Exchange electronic book of limit orders for the accounts of System’’ or ‘‘System’’). 9 Customers and broker-dealers, and Quotes with 17 CFR 200.30–3(a)(12). 6 The Specialist Pool refers to the aggregated size Size. All orders and Quotes with Size that are 1 15 U.S.C.78s(b)(1). of the best bid and best offer, in a given series, entered into the Book will be ranked and 2 15 U.S.C. 78a. amongst the Specialist and e-Specialists that match maintained in accordance with the rules of priority 3 17 CFR 240.19b–4. in price. See Rule 900.2NY(75). as provided in Rule 964NY.’’ See Rule 900.2NY(14).

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announcements. The Exchange believes Trader Updates, would foster A proposed rule change filed under that it is more appropriate to make cooperation and coordination with Rule 19b–4(f)(6) 15 normally does not announcements regarding the Primary persons engaged in facilitating become operative for 30 days after the Specialist via Trader Update. Trader transactions in securities as Trader date of filing. However, pursuant to Updates, like Regulatory Bulletins, are Updates deal with issues such as Rule 19b–4(f)(6)(iii),16 the Commission electronically distributed to ATP trading, systems changes and real-time may designate a shorter time if such Holders and posted on the Exchange’s market announcements and are action is consistent with the protection Web site. Accordingly, the Exchange electronically distributed to ATP of investors and the public interest. The proposes to amend current Rule Holders and posted on the Exchange’s Exchange has requested that the 964.2NY(a) and (b)(3)(A) by replacing Web site. Commission waive the 30-day operative reference to ‘‘Regulatory Bulletin’’ with B. Self-Regulatory Organization’s delay so that the proposal may become ‘‘Trader Update.’’ Thus, for example, the Statement on Burden on Competition operative immediately upon filing. The Exchange will publish the Primary Exchange states that this waiver would Specialist Criteria, including the relative The Exchange does not believe that enable the Exchange to apply the weighting of each factor, by Trader the proposed rule change would impose proposed modified Primary Specialist Update at least 5 business days prior to any burden on competition that is not Criteria for the second quarter starting an evaluation period.10 necessary or appropriate in furtherance April 1, 2016. The Commission believes of the purposes of the Act. The 2. Statutory Basis that waiving the 30-day operative delay proposed change is designed to enhance is consistent with the protection of The Exchange believes the proposed quote competition among Specialist investors and the public interest. As rule change is consistent with Section Pool participants and would not have stated in the filing, the Exchange 11 6(b) of the Securities Exchange Act of any adverse impact on quote believes that the proposed rule change 1934 (the ‘‘Act’’), in general, and competition within the Exchange. In would promote quote competition furthers the objectives of Section addition, the proposal permits the among the Specialist Pool participants 12 6(b)(5), in particular, in that it is Exchange to consider an additional by enabling the Exchange to consider designed to promote just and equitable objective factor in determining the liquidity-making electronic volume principles of trade, to foster cooperation Primary Specialist. Should the among the objective factors considered and coordination with persons engaged Exchange decide to use such a factor, it in the Primary Specialist Criteria. The in facilitating transactions in securities, would announce the modified Primary waiver of the operative delay will and to remove impediments to and Specialist Criteria in advance of the enable the Exchange to apply the perfect the mechanism of a free and evaluation period. As is the case today, proposed modified Primary Specialist open market and a national market Specialists Pool participants would Criteria for the second quarter starting system. have ample notice of the modified April 1, 2016, and to announce the As noted by the Exchange, the Primary Specialist Criteria and could modified Primary Specialist Criteria by proposed rule change would promote opt to modify their market making Trader Update at least five days before just and equitable principles of trade as activities to better compete for the the start of the April 1st evaluation it is intended to enhance quote Primary Specialist designation. period, to help ensure that Specialists competition among the Specialist Pool C. Self-Regulatory Organization’s and e-Specialists are given ample notice participants by enabling the Exchange to Statement on Comments on the of the proposed change. The Exchange include liquidity-making electronic Proposed Rule Change Received From notes that while the modified Primary volume among the objective factors Members, Participants, or Others Specialist Criteria would be announced considered in the Primary Specialist for the second quarter, starting April 1st, Criteria. The Exchange believes this No written comments were solicited the actual evaluation would not be proposal also provides the Exchange the or received with respect to the proposed conducted until the start of the third ability to reward Specialists and e- rule change. quarter (i.e., July 1, 2016). Accordingly, Specialists who contribute significant III. Date of Effectiveness of the the Commission designates the volumes through market making Proposed Rule Change and Timing for proposed rule change to be operative activity. The Exchange believes that Commission Action upon filing.17 having the ability to reward such At any time within 60 days of the participants would incentivize Because the proposed rule change filing of the proposed rule change, the Specialist Pool Participants to increase does not (i) significantly affect the Commission summarily may their posted volume on the Exchange, protection of investors or the public temporarily suspend such rule change if which benefits other market participants interest; (ii) impose any significant it appears to the Commission that such through the improvement of the price burden on competition; and (iii) become action is necessary or appropriate in the and size of the displayed market. The operative for 30 days from the date on public interest, for the protection of proposal would remove impediments to which it was filed, or such shorter time investors, or otherwise in furtherance of and perfect the mechanism of a free and as the Commission may designate if the purposes of the Act. If the open market and a national market consistent with the protection of Commission takes such action, the system because enhanced quote investors and the public interest, the proposed rule change has become competition should lead to narrower at least five business days prior to the date of filing spreads and more liquid markets, which effective pursuant to Section 19(b)(3)(A) 13 of the proposed rule change, or such shorter time should attract more order flow to the of the Act and Rule 19b–4(f)(6) as designated by the Commission. The Exchange 14 Exchange, thereby benefiting investors. thereunder. has satisfied this requirement. Finally, the replacement of references 15 17 CFR 240.19b–4(f)(6). to Regulatory Bulletin with references to 13 15 U.S.C. 78s(b)(3)(A). 16 17 CFR 240.19b–4(f)(6)(iii). 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 17 For purposes only of waiving the 30-day 4(f)(6)(iii) requires the Exchange to give the operative delay, the Commission has also 10 See proposed Rule 964.2NY(a). Commission written notice of the Exchange’s intent considered the proposed rule’s impact on 11 15 U.S.C. 78f(b). to file the proposed rule change, along with a brief efficiency, competition, and capital formation. See 12 15 U.S.C. 78f(b)(5). description and text of the proposed rule change, 15 U.S.C. 78c(f).

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Commission shall institute proceedings For the Commission, by the Division of SECURITIES AND EXCHANGE to determine whether the proposed rule Trading and Markets, pursuant to delegated COMMISSION should be approved or disapproved. authority.18 Brent J. Fields, IV. Solicitation of Comments [Release No. 34–77427; File No. SR–ICEEU– Secretary. 2016–003] Interested persons are invited to [FR Doc. 2016–06999 Filed 3–28–16; 8:45 am] submit written data, views, and BILLING CODE 8011–01–P Self-Regulatory Organizations; ICE arguments concerning the foregoing, Clear Europe Limited; Notice of Filing including whether the proposed rule and Immediate Effectiveness of a change is consistent with the Act. SECURITIES AND EXCHANGE Proposed Rule Change Relating to Comments may be submitted by any of COMMISSION Additions to Permitted Cover the following methods: Sunshine Act Meeting March 23, 2016. Electronic Comments Pursuant to section 19(b)(1) of the Notice is hereby given, pursuant to • Use the Commission’s Internet Securities Exchange Act of 1934 the provisions of the Government in the 1 2 comment form (http://www.sec.gov/ (‘‘Act’’), and Rule 19b–4 thereunder, Sunshine Act, Public Law 94–409, that rules/sro.shtml); or notice is hereby given that on March 11, the Securities and Exchange 2016, ICE Clear Europe Limited (‘‘ICE Send an email to rule-comments@ • Commission will hold a Closed Meeting Clear Europe’’) filed with the Securities sec.gov. Please include File Number SR– on Thursday, March 31, 2016 at 2:00 and Exchange Commission NYSEMKT–2016–41 on the subject line. p.m. (‘‘Commission’’) the proposed rule Paper Comments Commissioners, Counsel to the changes described in Items I, II and III Commissioners, the Secretary to the below, which Items have been prepared • Send paper comments in triplicate Commission, and recording secretaries primarily by ICE Clear Europe. ICE Clear to Secretary, Securities and Exchange will attend the Closed Meeting. Certain Europe filed the proposal pursuant to Commission, 100 F Street NE., staff members who have an interest in section 19(b)(3)(A) of the Act,3 and Rule Washington, DC 20549–1090. the matters also may be present. 19b–4(f)(4)(ii)4 thereunder, so that the All submissions should refer to File The General Counsel of the proposal was effective upon filing with Number SR–NYSEMKT–2016–41. This Commission, or her designee, has the Commission. The Commission is file number should be included on the certified that, in her opinion, one or publishing this notice to solicit subject line if email is used. To help the more of the exemptions set forth in 5 comments on the proposed rule change Commission process and review your U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) from interested persons. comments more efficiently, please use and 17 CFR 200.402(a)(3), (5), (7), 9(ii) I. Self-Regulatory Organization’s only one method. The Commission will and (10), permit consideration of the Statement of the Terms of Substance of post all comments on the Commission’s scheduled matter at the Closed Meeting. the Proposed Rule Change Internet Web site (http://www.sec.gov/ Commissioner Stein, as duty officer, rules/sro.shtml). Copies of the voted to consider the items listed for the The principal purpose of the changes submission, all subsequent Closed Meeting in closed session. is to permit F&O Clearing Members of amendments, all written statements ICE Clear Europe to provide qualifying with respect to the proposed rule The subject matter of the Closed high-grade corporate and other non- change that are filed with the Meeting will be: sovereign or ‘‘semi-government’’ bonds Commission, and all written Institution and settlement of (‘‘Non-Sovereign Permitted Cover’’) to communications relating to the injunctive actions; ICE Clear Europe as Permitted Cover to proposed rule change between the Institution and settlement of satisfy original margin requirements for Commission and any person, other than administrative proceedings; and the F&O product category. those that may be withheld from the public in accordance with the Other matters relating to enforcement II. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be proceedings. Statement of the Purpose of, and available for Web site viewing and At times, changes in Commission Statutory Basis for, the Proposed Rule printing in the Commission’s Public priorities require alterations in the Change Reference Room, 100 F Street NE., scheduling of meeting items. Washington, DC 20549, on official In its filing with the Commission, ICE For further information and to business days between the hours of Clear Europe included statements ascertain what, if any, matters have been 10:00 a.m. and 3:00 p.m. Copies of the concerning the purpose of and basis for added, deleted or postponed, please filing also will be available for the proposed rule change. The text of contact the Office of the Secretary at inspection and copying at the principal these statements may be examined at (202) 551–5400. office of the Exchange. All comments the places specified in Item IV below. received will be posted without change; Dated: March 24, 2016. ICE Clear Europe has prepared the Commission does not edit personal Brent J. Fields, summaries, set forth in sections A, B, identifying information from Secretary. and C below, of the most significant aspects of such statements. submissions. You should submit only [FR Doc. 2016–07108 Filed 3–25–16; 11:15 am] information that you wish to make BILLING CODE 8011–01–P available publicly. All submissions 1 15 U.S.C. 78s(b)(1). should refer to File Number SR– 2 17 CFR 240.19b–4. NYSEMKT–2016–41, and should be 3 15 U.S.C. 78s(b)(3)(A). submitted on or before April 19, 2016. 18 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(4)(ii).

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A. Self-Regulatory Organization’s criteria may be accepted as Non- Member’s use of Non-Sovereign Statement of the Purpose of, and Sovereign Permitted Cover. All Non- Permitted Cover will be limited to Statutory Basis for, the Proposed Rule Sovereign Permitted Cover must be twenty-five percent of its total F&O Change rated at least ‘‘AA’’ (or equivalent). ICE margin requirement. Clear Europe will periodically review Valuations of Non-Sovereign 1. Purpose issuers of Non-Sovereign Permitted Permitted Cover will be made at end of The purpose of the rule changes is to Cover and decline to continue to accept day by the triparty collateral service permit F&O Clearing Members of ICE bonds issued by an entity that falls provider. For public sector Non- Clear Europe to provide qualifying Non- below the AA equivalent for corporate Sovereign Permitted Cover (such as Sovereign Permitted Cover to ICE Clear issuance. The issuer of Non-Sovereign semi-government bonds and agency Europe to satisfy original margin Permitted Cover (other than certain bonds), ICE Clear Europe will use the requirements for the F&O product public sector debt) must also have an same pricing procedures as used for category. Non-Sovereign Permitted equity listing or a credit spread. For sovereign bonds. In terms of corporate Cover will be limited to high grade (i.e., public sector debt that is either a fully bonds, while ICE Clear Europe rated ‘‘AA’’ equivalent and above) or implicitly guaranteed ‘‘state’’ bond anticipates that ‘‘AA’’ grade bonds will public sector, agency, municipal and (e.g., Deutsche Bundesla¨ nder bonds), have readily available pricing, ICE Clear corporate bonds meeting certain criteria, ICE Clear Europe will generally look to Europe will take additional steps to as discussed herein. ICE Clear Europe the rating of the relevant ultimate limit the use of illiquid bonds (for intends to commence accepting the sovereign (e.g., German (Federal) which pricing may be less available). Non-Sovereign Permitted Cover once all Sovereign Bonds) but may consider a Specifically, ICE Clear Europe will necessary regulatory approvals have higher haircut to reflect a wider bid-ask decline to accept those corporate bonds been obtained. ICE Clear Europe spread and reduced relative and that breach 40 percent of haircut levels believes that the changes will provide absolute limits. in the last ten days. In addition, where F&O Clearing Members access to a The Non-Sovereign Permitted Cover corporate bonds are not repriced on a broader range of eligible collateral to must not be issued by a Clearing regular basis (such as where the price support their margin obligations (and Member (or affiliate of a Clearing has been unchanged for 3 or more days thus their clearing business), while Member). In addition, Non-Sovereign in a row under normal market continuing to satisfy the Clearing Permitted Cover must not be issued by conditions), ICE Clear Europe will House’s financial resources and risk any entity linked to the energy market review the continued acceptance of management requirements. as determined by the Clearing House. such bonds. In order to simplify the operational The Non-Sovereign Permitted Cover Non-Sovereign Permitted Cover aspects of holding non-sovereign bonds must be fixed coupon or floating rate comprising semi-government and (including addressing corporate only, with no derivative aspects to its agency bonds will be managed in the actions), the Non-Sovereign Permitted pricing and with no embedded caps or same manner as the relevant sovereign Cover may be posted by F&O Clearing floors with respect to its price or bonds (i.e., added to the same absolute Members to ICE Clear Europe only coupon. In addition, covered bonds are and relative limit applicable to such through triparty accounts at Euroclear or not eligible. The Non-Sovereign sovereign bonds under the ICE Clear Clearstream Banking in accordance with Permitted Cover cannot be subject to Europe Collateral and Haircut Policy). the Finance Procedures. Under existing any regulatory or legal constraint or ICE Clear Europe proposes to manage procedures for the use of triparty third party claims that impair general wrong-way risk (‘‘WWR’’) with collateral service providers, the service liquidation. The Non-Sovereign respect to corporate Non-Sovereign provider is responsible for allowing Permitted Cover must be redeemable Permitted Cover in line with its existing only bonds that meet ICE Clear Europe’s only in a single currency, which must WWR policy in its Collateral and acceptable collateral requirements to be be one of EUR, USD, CHF, GBP, JPY, Haircut Policy, such that a threshold per transferred into the triparty account by CAD, SEK, or NOK. Clearing Member is established relative the F&O Clearing Member. ICE Clear In terms of liquidity, the issue size of to member capital (currently 2.5% of Europe will thus inform the triparty the particular bond to be used as Non- capital). If a Clearing Member has a collateral service providers of the Sovereign Permitted Cover must be at short equity position in excess of the detailed criteria for eligible Non- least USD 500 million. In addition to threshold, it will be required to remove Sovereign Permitted Cover, and expect any otherwise applicable relative and the Non-Sovereign Permitted Cover that the triparty collateral service provider to absolute limits under the Collateral and presents WWR with respect to that reflect those criteria in its systems for Haircut Policy, ICE Clear Europe will position. accepting triparty collateral. ICE Clear accept a maximum of five percent of the As set forth in Exhibit 5, ICE Clear Europe then monitors collateral in the total outstanding bond issuance of the Europe has revised its List of Permitted triparty account periodically during the issuer of any Non-Sovereign Permitted Cover to incorporate the criteria for day. Consistent with its Collateral and Cover for any single F&O Clearing Non-Sovereign Permitted Cover.5 Haircut Policy, ICE Clear Europe will Member’s (and its affiliates’) original continue to impose absolute and relative margin requirement. The absolute 2. Statutory Basis limits on the various types of Permitted maximum amount acceptable of Non- ICE Clear Europe has identified the Cover provided by F&O Clearing Sovereign Permitted Cover of any single Non-Sovereign Permitted Cover as Members, including the Non-Sovereign bond issue from any F&O Clearing encompassing types of assets that would Permitted Cover. Member (and its affiliated Clearing be appropriate for Clearing Members to Rather than publish a specific list of Members) is ten percent of that issue. acceptable Non-Sovereign Permitted The maximum amount of Non- 5 As a result of the addition of such criteria, Cover, ICE Clear Europe proposes to Sovereign Permitted Cover provided by which will only apply to initial margin for F&O establish a set of credit, liquidity, an F&O Clearing Member (and its Contracts, ICE Clear Europe will hereafter maintain and publish separate Lists of Permitted Cover for pricing, currency, structural and other affiliated Clearing Members) may not F&O Contracts and CDS Contracts. The List of criteria applicable to Non-Sovereign exceed USD 50 million or its equivalent. Permitted Cover for CDS Contracts is unchanged Permitted Cover. Bonds that meet the As an additional limit, an F&O Clearing from the current List of Permitted Cover.

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post in order to meet original margin appropriate in furtherance of the or otherwise in furtherance of the requirements for the F&O product purposes of the Act. The proposed purposes of the Act. category. ICE Clear Europe believes that changes will provide additional IV. Solicitation of Comments accepting the Non-Sovereign Permitted flexibility to F&O Clearing Members by Cover is consistent with the allowing them to use, on an optional Interested persons are invited to requirements of section 17A of the Act 6 basis, Non-Sovereign Permitted Cover submit written data, views, and and the regulations thereunder (in addition to existing forms of arguments concerning the foregoing, applicable to it, and is consistent with Permitted Cover) to satisfy F&O original including whether the proposed rule the prompt and accurate clearance of margin obligations. The changes will change is consistent with the Act. and settlement of securities transactions thus allow F&O Clearing Members Comments may be submitted by any of and, to the extent applicable, derivative access to a broader pool of potential the following methods: agreements, contracts and transactions, collateral that may be used to satisfy Electronic Comments the safeguarding of securities and funds margin obligations. As a result, ICE in the custody or control of ICE Clear Clear Europe does not believe the • Use the Commission’s Internet Europe or for which it is responsible, changes will adversely affect the cost to comment form (http://www.sec.gov/ and the protection of investors and the clearing members or other market rules/sro.shtml) or public interest, within the meaning of participants of clearing services. The • Send an email to rule-comments@ section 17A(b)(3)(F) of the Act.7 changes will otherwise not affect the sec.gov. Please include File Number SR– Although it has not previously terms or conditions of any cleared ICEEU–2016–003 on the subject line. accepted collateral of the type of the contract or the standards or Non-Sovereign Permitted Cover, ICE requirements for participation in or use Paper Comments Clear Europe has developed a detailed of the Clearing House. Accordingly, the • Send paper comments in triplicate set of criteria addressing credit risk, changes should not, in the Clearing to Secretary, Securities and Exchange liquidity risk, structure, pricing, wrong House’s view, affect the availability of Commission, 100 F Street NE., way risk and other relevant factors for clearing or access to clearing services. Washington, DC 20549–1090. these instruments. ICE Clear Europe has All submissions should refer to File further analyzed the trading C. Self-Regulatory Organization’s Statement on Comments on the Number SR–ICEEU–2016–003. This file characteristics and volatility of number should be included on the instruments that may qualify as Non- Proposed Rule Change Received From Members, Participants or Others subject line if email is used. To help the Sovereign Permitted Cover. As a result, Commission process and review your ICE Clear Europe believes that the Written comments relating to the comments more efficiently, please use qualifying Non-Sovereign Permitted proposed changes to the rules have not only one method. The Commission will Cover will have characteristics that are been solicited or received. ICE Clear post all comments on the Commission’s appropriate for use as Permitted Cover Europe will notify the Commission of Internet Web site (http://www.sec.gov/ for a Clearing Member’s obligations in any written comments received by ICE rules/sro.shtml). Copies of the respect of original margin for F&O Clear Europe. submission, all subsequent contracts. ICE Clear Europe will impose III. Date of Effectiveness of the amendments, all written statements haircuts and limitations on the Non- Proposed Rule Change and Timing for with respect to the proposed rule Sovereign Permitted Cover under its Commission Action change that are filed with the Collateral and Haircut Policy, and will Commission, and all written review and update such haircuts and The foregoing rule change has become effective upon filing pursuant to section communications relating to the limitations under that policy as proposed rule change between the necessary. Taken together, these criteria 19(b)(3)(A) 8 of the Act and Rule 19b– 4(f)(4)(ii) 9 thereunder because it effects Commission and any person, other than and related haircuts and limitations will those that may be withheld from the restrict Non-Sovereign Permitted Cover a change in an existing service of a registered clearing agency that primarily public in accordance with the to instruments that have a stable value provisions of 5 U.S.C. 552, will be and present low credit risk and affects the clearing operations of the clearing agency with respect to products available for Web site viewing and volatility. As such, acceptance of such printing in the Commission’s Public Permitted Cover is, in ICE Clear that are not securities, including futures that are not security futures, swaps that Reference Room, 100 F Street, NE., Europe’s view, consistent with the Washington, DC 20549, on official financial resources and risk are not security-based swaps or mixed swaps, and forwards that are not business days between the hours of management requirements of the 10:00 a.m. and 3:00 p.m. Copies of such Clearing House. security forwards, and does not significantly affect any securities filings will also be available for For the reasons noted above, ICE Clear inspection and copying at the principal Europe believes that the acceptance of clearing operations of the clearing agency or any rights or obligations of the office of ICE Clear Europe and on ICE the Non-Sovereign Permitted Cover is Clear Europe’s Web site at https:// consistent with the requirements of clearing agency with respect to securities clearing or persons using such www.theice.com/clear-europe/ section 17A of the Act and regulations regulation#rule-filings. thereunder applicable to it. securities-clearing service. At any time within 60 days of the filing of the All comments received will be posted B. Self-Regulatory Organization’s proposed rule change, the Commission without change; the Commission does Statement on Burden on Competition summarily may temporarily suspend not edit personal identifying ICE Clear Europe does not believe the such rule change if it appears to the information from submissions. You proposed amendments would have any Commission that such action is should submit only information that impact, or impose any burden, on necessary or appropriate in the public you wish to make available publicly. All competition not necessary or interest, for the protection of investors, submissions should refer to File Number SR–ICEEU–2016–003 and 6 15 U.S.C. 78q–1. 8 15 U.S.C. 78s(b)(3)(A). should be submitted on or before April 7 15 U.S.C. 78q–1(b)(3)(F). 9 17 CFR 240.19b–4(f)(4)(ii). 19, 2016.

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For the Commission, by the Division of the places specified in Item IV below. ‘‘sent to the matching engine by an Trading and Markets, pursuant to delegated The Exchange has prepared summaries, algorithm on behalf of a Floor broker’’ authority.10 set forth in sections A, B, and C below, in Rule 13 to make STP modifiers Brent J. Fields, of the most significant parts of such available for eQuotes, pegging e-Quotes, Secretary. statements. and g-Quotes without limitation. No [FR Doc. 2016–06992 Filed 3–28–16; 8:45 am] other changes are proposed to Rule 13. A. Self-Regulatory Organization’s BILLING CODE 8011–01–P Because of the technology changes Statement of the Purpose of, and the associated with this rule proposal, the Statutory Basis for, the Proposed Rule Exchange will announce the Change SECURITIES AND EXCHANGE implementation date in a Trader COMMISSION 1. Purpose Update. [Release No. 34–77434; File No. SR–NYSE– The Exchange proposes to amend 2. Statutory Basis 2016–23] Rule 13 to expand the availability of The Exchange believes that the STP modifiers to non-algorithmically proposed rule change is consistent with Self-Regulatory Organizations; New entered e-Quotes, pegging e-Quotes, and section 6(b) of the Act,7 in general, and York Stock Exchange LLC; Notice of g-Quotes. furthers the objectives of section 6(b)(5) STP modifiers are designed to prevent Filing and Immediate Effectiveness of of the Act,8 in particular, because it is two orders from the same market Proposed Rule Change Amending Rule designed to prevent fraudulent and participant identifier (‘‘MPID’’) assigned 13 to Expand the Availability of Self- manipulative acts and practices, to a member organization from Trade Prevention Modifiers to Non- promote just and equitable principles of executing against each other. Use of the Algorithmically Entered Floor Broker trade, remove impediments to and STP modifiers is optional and is not Interest perfect the mechanism of a free and automatically implemented by the open market and a national market March 23, 2016. Exchange. Rather, a member system, and protect investors and the Pursuant to section 19(b)(1) of the organization can choose to add a STP Securities Exchange Act of 1934 modifier on eligible orders. The STP public interest. In particular, the (‘‘Act’’),1 and Rule 19b-4 thereunder,2 modifier on the incoming order Exchange believes that extending STP notice is hereby given that on March 15, determines the interaction between two modifiers to non-algorithmically entered 2016, New York Stock Exchange LLC orders marked with STP modifiers and Floor broker interest would provide (‘‘NYSE’’ or the ‘‘Exchange’’) filed with whether the incoming or the resting Floor brokers with an additional the Securities and Exchange order would cancel. Both the buy and opportunity to prevent unintended Commission (‘‘SEC’’ or ‘‘Commission’’) the sell order must include an STP executions by Floor broker customers the proposed rule change as described modifier in order to prevent a trade from with themselves or the potential for in Items I, II, and III below, which Items occurring and to effect a cancel ‘‘wash sales’’ that may occur as a result have been prepared by the Exchange. instruction.3 Currently, under Rule of the velocity of trading in today’s The Commission is publishing this 13(f)(3)(B), STP modifiers are available high-speed marketplace, thereby notice to solicit comments on the for Limit Orders and Market Orders removing impediments to and proposed rule change from interested entered by off-Floor participants, and perfecting the mechanism of a free and persons. for e-Quotes, pegging e-Quotes, and g- open market. The Exchange notes that Quotes sent to the matching engine by STP modifiers would not alleviate, or I. Self-Regulatory Organization’s otherwise exempt, broker-dealers from Statement of the Terms of Substance of an algorithm on behalf of a Floor broker. The Exchange amended Rule 13 to their best execution obligations. the Proposed Rule Change add STP modifiers in 2013.4 At the time, B. Self-Regulatory Organization’s The Exchange proposes to amend the supporting technology was not Statement on Burden on Competition Rule 13 to expand the availability of compatible with Floor broker systems self-trade prevention (‘‘STP’’) modifiers and the Exchange chose to deploy STP The Exchange does not believe that to non-algorithmically entered Floor modifiers for other market participants the proposed rule change will impose broker interest. The proposed rule while it performed the technical any burden on competition that is not change is available on the Exchange’s modifications required for the use of necessary or appropriate in furtherance Web site at www.nyse.com, at the STP modifiers for Floor brokers.5 The of the purposes of the Act. The principal office of the Exchange, and at Exchange later made STP modifiers Exchange believes that the proposal the Commission’s Public Reference available for algorithms used by Floor would provide Floor brokers with an Room. brokers to route interest to the additional opportunity to prevent Exchange’s matching engine, but the unintended self-trades from occurring. II. Self-Regulatory Organization’s The Exchange notes that it operates in Statement of the Purpose of, and technology supporting STP modifiers was still incompatible with all Floor a highly competitive market in which Statutory Basis for, the Proposed Rule broker systems.6 Now that the market participants can readily direct Change technology to extend STP modifiers to order flow to competing venues offering In its filing with the Commission, the all Floor broker systems is available, the similar functionality. Many competing self-regulatory organization included Exchange proposes to delete the clause venues offer similar functionality to statements concerning the purpose of, market participants. To this end, the and basis for, the proposed rule change 3 See Rule 13(f)(3)(A); Securities Exchange Act Exchange is proposing a market and discussed any comments it received Release No. 69102 (Mar. 11, 2013), 78 FR 16561 enhancement to provide greater on the proposed rule change. The text (Mar. 15, 2013) (SR–NYSE–2013–17). protections from inadvertent executions, 4 See Securities Exchange Act Release No. 69102, and encourage market participants to of those statements may be examined at 78 FR at 16561. 5 See id. trade on the Exchange. 10 17 CFR 200.30–3(a)(12). 6 See Securities Exchange Act Release No. 69502 1 15 U.S.C. 78s(b)(1). (May 2, 2013), 78 FR 26818 (May 8, 2013) (SR– 7 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. NYSE–2013–30). 8 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s Electronic Comments SECURITIES AND EXCHANGE Statement on Comments on the COMMISSION Proposed Rule Change Received From • Use the Commission’s Internet Members, Participants, or Others comment form (http://www.sec.gov/ rules/sro.shtml); or [Release No. 34–77426 ; File No. SR–NYSE– No written comments were solicited 2016–25] • Send an email to rule-comments@ or received with respect to the proposed sec.gov. Please include File Number SR– rule change. Self-Regulatory Organizations; New NYSE–2016–23 on the subject line. York Stock Exchange LLC; Notice of III. Date of Effectiveness of the Paper Comments Filing and Immediate Effectiveness of Proposed Rule Change and Timing for Proposed Rule Change Extending the Commission Action • Send paper comments in triplicate Pilot Period for the Exchange’s Retail The Exchange has filed the proposed to Secretary, Securities and Exchange Liquidity Program Commission, 100 F Street NE., rule change pursuant to section March 23, 2016. 19(b)(3)(A)(iii) of the Act 9 and Rule Washington, DC 20549–1090. 19b–4(f)(6) thereunder.10 Because the Pursuant to Section 19(b)(1) 1 of the All submissions should refer to File Securities Exchange Act of 1934 (the proposed rule change does not: (i) Number SR–NYSE–2016–23. This file Significantly affect the protection of ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 number should be included on the notice is hereby given that on March 17, investors or the public interest; (ii) subject line if email is used. To help the impose any significant burden on 2016, New York Stock Exchange LLC Commission process and review your competition; and (iii) become operative (‘‘NYSE’’ or the ‘‘Exchange’’) filed with comments more efficiently, please use prior to 30 days from the date on which the Securities and Exchange it was filed, or such shorter time as the only one method. The Commission will Commission (the ‘‘Commission’’) the Commission may designate, if post all comments on the Commission’s proposed rule change as described in consistent with the protection of Internet Web site (http://www.sec.gov/ Items I and II below, which Items have investors and the public interest, the rules/sro.shtml). Copies of the been prepared by the self-regulatory proposed rule change has become submission, all subsequent organization. The Commission is effective pursuant to section 19(b)(3)(A) amendments, all written statements publishing this notice to solicit of the Act and Rule 19b-4(f)(6)(iii) with respect to the proposed rule comments on the proposed rule change thereunder. change that are filed with the from interested persons. A proposed rule change filed under Commission, and all written Rule 19b–4(f)(6) 11 normally does not communications relating to the I. Self-Regulatory Organization’s become operative prior to 30 days after proposed rule change between the Statement of the Terms of Substance of the date of the filing. However, pursuant Commission and any person, other than the Proposed Rule Change to Rule 19b4(f)(6)(iii),12 the Commission those that may be withheld from the public in accordance with the The Exchange proposes to extend the may designate a shorter time if such pilot period for the Exchange’s Retail action is consistent with the protection provisions of 5 U.S.C. 552, will be Liquidity Program (the ‘‘Retail Liquidity of investors and the public interest. available for Web site viewing and Program’’ or the ‘‘Program’’), which is At any time within 60 days of the printing in the Commission’s Public Reference Room, 100 F Street NE., currently scheduled to expire on March filing of such proposed rule change, the 31, 2016, until August 31, 2016. The Commission summarily may Washington, DC 20549 on official business days between the hours of proposed rule change is available on the temporarily suspend such rule change if Exchange’s Web site at www.nyse.com, it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of the at the principal office of the Exchange, action is necessary or appropriate in the filing also will be available for and at the Commission’s Public public interest, for the protection of inspection and copying at the principal investors, or otherwise in furtherance of office of the Exchange. All comments Reference Room. the purposes of the Act. If the received will be posted without change; II. Self-Regulatory Organization’s Commission takes such action, the the Commission does not edit personal Statement of the Purpose of, and Commission shall institute proceedings identifying information from Statutory Basis for, the Proposed Rule under section 19(b)(2)(B) 13 of the Act to submissions. You should submit only Change determine whether the proposed rule information that you wish to make change should be approved or available publicly. All submissions In its filing with the Commission, the disapproved. should refer to File Number SR–NYSE– self-regulatory organization included IV. Solicitation of Comments 2016–23, and should be submitted on or statements concerning the purpose of, before April 19, 2016. and basis for, the proposed rule change Interested persons are invited to and discussed any comments it received submit written data, views, and For the Commission, by the Division of on the proposed rule change. The text Trading and Markets, pursuant to delegated arguments concerning the foregoing, of those statements may be examined at authority.14 including whether the proposed rule the places specified in Item IV below. change is consistent with the Act. Brent J. Fields, The Exchange has prepared summaries, Comments may be submitted by any of Secretary. set forth in sections A, B, and C below, the following methods: [FR Doc. 2016–06998 Filed 3–28–16; 8:45 am] of the most significant parts of such BILLING CODE 8011–01–P statements. 9 15 U.S.C. 78s(b)(3)(A)(iii). 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6). 1 15 U.S.C.78s(b)(1). 12 17 CFR 240.19b–4(f)(6)(iii). 2 15 U.S.C. 78a. 13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s the Commission additional time to C. Self-Regulatory Organization’s Statement of the Purpose of, and the analyze data regarding the Program that Statement on Comments on the Statutory Basis for, the Proposed Rule the Exchange has committed to Proposed Rule Change Received From Change provide.6 As such, the Exchange Members, Participants, or Others believes that it is appropriate to extend 1. Purpose the current operation of the Program.7 No written comments were solicited The purpose of this filing is to extend Through this filing, the Exchange seeks or received with respect to the proposed the pilot period of the Retail Liquidity to amend NYSE Rule 107C(m) and rule change. Program, currently scheduled to expire extend the current pilot period of the III. Date of Effectiveness of the on March 31, 2016, until August 31, Program until August 31, 2016. Proposed Rule Change and Timing for 2016.4 2. Statutory Basis Commission Action Background The proposed rule change is The Exchange has filed the proposed In July 2012, the Commission consistent with Section 6(b) of the Act,8 rule change pursuant to Section approved the Retail Liquidity Program in general, and furthers the objectives of 19(b)(3)(A) of the Act 10 and Rule 19b– 5 on a pilot basis. The Program is Section 6(b)(5),9 in particular, in that it 4(f)(6) thereunder.11 Because the designed to attract retail order flow to is designed to promote just and proposed rule change does not: (i) the Exchange, and allows such order equitable principles of trade, to remove significantly affect the protection of flow to receive potential price impediments to and perfect the investors or the public interest; (ii) improvement. The Program is currently mechanism of a free and open market impose any significant burden on limited to trades occurring at prices and a national market system, and, in competition; and (iii) become operative equal to or greater than $1.00 per share. general, to protect investors and the prior to 30 days from the date on which Under the Program, Retail Liquidity public interest. The Exchange believes it was filed, or such shorter time as the Providers (‘‘RLPs’’) are able to provide that extending the pilot period for the Commission may designate, if potential price improvement in the form Retail Liquidity Program is consistent consistent with the protection of of a non-displayed order that is priced with these principles because the investors and the public interest, the better than the Exchange’s best Program is reasonably designed to proposed rule change has become protected bid or offer (‘‘PBBO’’), called attract retail order flow to the exchange effective pursuant to Section 19(b)(3)(A) a Retail Price Improvement Order environment, while helping to ensure of the Act 12 and Rule 19b–4(f)(6) (‘‘RPI’’). When there is an RPI in a that retail investors benefit from the thereunder.13 particular security, the Exchange better price that liquidity providers are disseminates an indicator, known as the willing to give their orders. A proposed rule change filed under 14 Retail Liquidity Identifier, indicating Additionally, as previously stated, the Rule 19b–4(f)(6) normally does not that such interest exists. Retail Member competition promoted by the Program become operative prior to 30 days after Organizations (‘‘RMOs’’) can submit a may facilitate the price discovery the date of the filing. However, pursuant Retail Order to the Exchange, which process and potentially generate to Rule 19b–4(f)(6)(iii),15 the would interact, to the extent possible, additional investor interest in trading Commission may designate a shorter with available contra-side RPIs. securities. The extension of the pilot time if such action is consistent with the The Retail Liquidity Program was period will allow the Commission and protection of investors and the public approved by the Commission on a pilot the Exchange to continue to monitor the interest. The Exchange has asked the basis. Pursuant to NYSE Rule 107C(m), Program for its potential effects on Commission to waive the 30-day the pilot period for the Program is public price discovery, and on the operative delay so that the proposed scheduled to end on March 31, 2016. broader market structure. rule change may become operative before the current expiration of the pilot Proposal To Extend the Operation of the B. Self-Regulatory Organization’s period. The Commission believes that Program Statement on Burden on Competition waiving the 30-day operative delay is The Exchange established the Retail The Exchange does not believe that consistent with the protection of Liquidity Program in an attempt to the proposed rule change will impose investors and the public interest, attract retail order flow to the Exchange any burden on competition that is not because waiver would allow the pilot by potentially providing price necessary or appropriate in furtherance period to continue uninterrupted after improvement to such order flow. The of the purposes of the Act. The its current expiration date of March 31, Exchange believes that the Program proposed rule change simply extends an 2016, thereby avoiding any potential promotes competition for retail order established pilot program for an investor confusion that could result flow by allowing Exchange members to additional six months, thus allowing the from temporary interruption in the pilot submit RPIs to interact with Retail Retail Liquidity Program to enhance program. For this reason, the Orders. Such competition has the ability competition for retail order flow and Commission hereby waives the 30-day to promote efficiency by facilitating the contribute to the public price discovery price discovery process and generating process. 10 15 U.S.C. 78s(b)(3)(A). additional investor interest in trading 11 17 CFR 240.19b–4(f)(6). securities, thereby promoting capital 6 See id. at 40681. 12 15 U.S.C. 78s(b)(3)(A). formation. The Exchange believes that 7 Concurrently with this filing, the Exchange has 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– extending the pilot is appropriate submitted a request for an extension of the 4(f)(6)(iii) requires the Exchange to give the exemption under Regulation NMS Rule 612 Commission written notice of the Exchange’s intent because it will allow the Exchange and previously granted by the Commission that permits to file the proposed rule change, along with a brief it to accept and rank the undisplayed RPIs. See description and text of the proposed rule change, 4 See Securities Exchange Act Release No. 75993 Letter from Martha Redding, Asst. Corporate at least five business days prior to the date of filing (September 28, 2015), 80 FR 59844 (October 2, Secretary, NYSE Group, Inc. to Brent J. Fields, of the proposed rule change, or such shorter time 2015) (SR–NYSE–2015–41). Secretary, Securities and Exchange Commission, as designated by the Commission. The Exchange 5 See Securities Exchange Act Release No. 67347 dated March 17, 2016. has satisfied this requirement. (July 3, 2012), 77 FR 40673 (July 10, 2012) (‘‘RLP 8 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4(f)(6). Approval Order’’) (SR–NYSE–2011–55). 9 15 U.S.C. 78f(b)(5). 15 17 CFR 240.19b–4(f)(6)(iii).

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operative delay and designates the business days between the hours of All other information in the original proposal operative upon filing.16 10:00 a.m. and 3:00 p.m. Copies of the declaration remains unchanged. At any time within 60 days of the filing also will be available for (Catalog of Federal Domestic Assistance filing of the proposed rule change, the inspection and copying at the principal Numbers 59002 and 59008) Commission summarily may office of the Exchange. All comments temporarily suspend such rule change if received will be posted without change; James E. Rivera, it appears to the Commission that such the Commission does not edit personal Associate Administrator for Disaster action is necessary or appropriate in the identifying information from Assistance. public interest, for the protection of submissions. You should submit only [FR Doc. 2016–06967 Filed 3–28–16; 8:45 am] investors, or otherwise in furtherance of information that you wish to make BILLING CODE 8025–01–P the purposes of the Act. If the available publicly. All submissions Commission takes such action, the should refer to File Number SR–NYSE– Commission shall institute proceedings 2016–25 and should be submitted on or DEPARTMENT OF STATE to determine whether the proposed rule before April 19, 2016. [Public Notice: 9495] change should be approved or For the Commission, by the Division of disapproved. Trading and Markets, pursuant to delegated Request for Comments on World 17 IV. Solicitation of Comments authority. Health Organization Pandemic Brent J. Fields, Influenza Preparedness Framework Interested persons are invited to Secretary. Review submit written data, views, and [FR Doc. 2016–06991 Filed 3–28–16; 8:45 am] arguments concerning the foregoing, AGENCY: International Health and including whether the proposed rule BILLING CODE 8011–01–P Biodefense, U.S. Department of State. change is consistent with the Act. ACTION: Notice and request for Comments may be submitted by any of comments. the following methods: SMALL BUSINESS ADMINISTRATION SUMMARY: The U.S. Department of State Electronic Comments [Disaster Declaration # 14637 and # 14638] invites submission of comments from • Use the Commission’s Internet Oregon Disaster Number OR–00080 the public and relevant industries on comment form (http://www.sec.gov/ influenza surveillance and response, rules/sro.shtml); or AGENCY: U.S. Small Business related to the implementation of the • Send an email to rule-comments@ Administration. World Health Organization (WHO) sec.gov. Please include File Number SR– ACTION: Amendment 2. Pandemic Influenza Preparedness NYSE–2016–25 on the subject line. Framework (PIP–FW) (http:// SUMMARY: This is an amendment of the apps.who.int/gb/ebwha/pdf_files/ Paper Comments Presidential declaration of a major WHA64/A64_8-en.pdf). Comments are • Send paper comments in triplicate disaster for Public Assistance Only for specifically requested on the PIP–FW to Secretary, Securities and Exchange the State of Oregon (FEMA–4258–DR), Review areas of virus sharing and Commission, 100 F Street NE., dated 02/17/2016. benefits sharing, and on governance and Washington, DC 20549–1090. Incident: Severe Winter Storms, linkages with other international All submissions should refer to File Straight-line Winds, Flooding, programs or instruments. Landslides, and Mudslides. Number SR–NYSE–2016–25. This file DATES: Written comments on PIP–FW number should be included on the Incident Period: 12/06/2015 through virus sharing and benefits sharing must subject line if email is used. To help the 12/23/2015. be submitted on or before April 10, Commission process and review your Effective Date: 03/21/2016. 2016, and written comments on PIP–FW comments more efficiently, please use Physical Loan Application Deadline governance and linkages must be only one method. The Commission will Date: 04/18/2016. submitted before May 25, 2016. post all comments on the Commission’s Economic Injury (EIDL) Loan Comments should be no more than 15 Internet Web site (http://www.sec.gov/ Application Deadline Date: 11/17/2016. pages with single spaced text. Submit completed loan rules/sro.shtml). Copies of the ADDRESSES: ADDRESSES: Submissions should be submission, all subsequent applications to: U.S. Small Business made via the Internet at amendments, all written statements Administration, Processing and www.regulations.gov docket number with respect to the proposed rule Disbursement Center, 14925 Kingsport DOS–2016–0016. For alternatives to change that are filed with the Road, Fort Worth, TX 76155. online submissions please contact Bruce Commission, and all written FOR FURTHER INFORMATION CONTACT: A Ruscio at (202) 647–3017 or communications relating to the Escobar, Office of Disaster Assistance, [email protected]. Note that relevant proposed rule change between the U.S. Small Business Administration, comments submitted to regulations.gov Commission and any person, other than 409 3rd Street SW., Suite 6050, will be posted without editing and will those that may be withheld from the Washington, DC 20416. be available to the public; therefore, public in accordance with the SUPPLEMENTARY INFORMATION: The notice business-confidential information provisions of 5 U.S.C. 552, will be of the President’s major disaster should be clearly identified as such and available for Web site viewing and declaration for Private Non-Profit submitted by email. The public is printing in the Commission’s Public organizations in the State of OREGON, strongly encouraged to file submissions Reference Room, 100 F Street NE., dated 02/17/2016, is hereby amended to electronically rather than by facsimile or Washington, DC 20549 on official include the following areas as adversely mail. affected by the disaster. FOR FURTHER INFORMATION CONTACT: 16 For purposes only of waiving the 30-day operative delay, the Commission has considered the Primary Counties: Clackamas. Questions regarding the submission of proposed rule’s impact on efficiency, competition, comments should be directed to Bruce and capital formation. See 15 U.S.C. 78c(f). 17 17 CFR 200.30–3(a)(12). Ruscio (202) 647–3017,

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[email protected], or Robert Sorenson Material Transfer Agreements (SMTA– Diplomatic Security and Antiterrorism at (202) 647 4689, [email protected]. 2). Act of 1986), as amended; Public Law SUPPLEMENTARY INFORMATION: In 2007, (3) Use of partnership contributions 107–56 (USA PATRIOT Act); and E.O. the Sixtieth World Health Assembly and WHO efforts to strengthen the 13356. The purpose of the collection is passed a resolution calling on the GISRS and overall global preparedness to validate the identity of individuals Director-General to convene an and response capability/capacity. who enter 1033 Department facilities. intergovernmental meeting to develop (4) How changing technology has The data will be entered into the Visitor mechanisms to ensure the continued impacted or has the ability to impact the Access Control System (VACS–D) sharing of potential pandemic influenza existing PIP–FW, specifically as regards database. Please see the Security viruses, and the fair and equitable genetic sequence data. Records System of Records Notice sharing of benefits arising from such (5) Potential linkages with other (State-36) at https://foia.state.gov/_docs/ sample sharing. For four years, WHO instruments, including the Nagoya SORN/State-36.pdf for additional member states met as an Protocol. information. Intergovernmental Mechanism, as well (6) Other matters related to prevention, planning and response Dated: March 24, 2016. as informally, to negotiate the Pandemic Jonathan A Margolis, Influenza Preparedness Framework whose resolution will be integral for the (PIP–FW). The PIP–FW came into effect effective operation of a global influenza Deputy Assistant Secretary for Science Space pandemic response. and Health, Acting Bureau of Oceans on May 24, 2011 when it was International Environmental and Scientific unanimously adopted by the Sixty- The facts and information obtained from written submissions will be used Affairs. fourth World Health Assembly. At the [FR Doc. 2016–07069 Filed 3–28–16; 8:45 am] core of the PIP–FW is a robust Global to inform the participation of the U.S. Influenza Surveillance and Response Department of State in the interagency BILLING CODE 4710–09–P System (GISRS, previously called the process to prepare for United States Global Influenza Surveillance Network participation for the five-year 2016 or GISN). review of the PIP–FW. Upon receipt of DEPARTMENT OF TRANSPORTATION The key goals of the PIP–FW are to the written submission, representatives improve and strengthen global influenza from the Department of State will Federal Highway Administration pandemic preparedness by: consider them and share them, as [FHWA Docket No. FHWA–2016–0005] (1) Ensuring the global sharing of appropriate, with other interested U.S. influenza viruses with human pandemic Government agencies and departments Notice of Funding Opportunity for the potential for continuous global engaging in the five-year review process. Advanced Transportation and monitoring and assessment of risks, and The Department of State invites Congestion Management Technologies for the development of safe and effective comments from civil society Deployment Program countermeasures. The PIP–FW provides organizations as well as pharmaceutical a transparent mechanism for sharing and medical technology industries and AGENCY: Federal Highway virus samples, based on two Standard other interested members of the public. Administration (FHWA), Department of Material Transfer Agreements (SMTAs) Entities making submissions may be Transportation (DOT). that specify the conditions for samples contacted for further information or ACTION: Notice of funding opportunity. passed within and outside of the GISRS, explanation. and a traceability mechanism to monitor Two meetings are planned in SUMMARY: The Fixing America’s Surface the movement of samples. association with this request for written Transportation (FAST) Act directs the (2) Increasing countries’ access to submissions. DOT to establish an advanced vaccines and other pandemic related Time and Date: The meetings will transportation and congestion resources. Two innovative and begin at 2:00 p.m. EDT on Monday, May management technologies deployment complementary benefit-sharing 2, 2016, and Thursday, June 16, 2016. (ATCMTD) initiative. The initiative mechanisms pool monetary and in-kind Both meetings will continue until 4:30 provides grants to eligible entities to contributions from entities that use the p.m. each day. develop model deployment sites for GISRS to enhance pandemic influenza Place: Both meetings will be held at large scale installation and operation of preparedness and response capacity for the U.S. State Department’s Harry S. advanced transportation technologies to countries in need and at risk of Truman Building, 2201 C Street NW., improve safety, efficiency, system pandemic influenza: The annual Washington, DC 20520. Please use the performance, and infrastructure return partnership contribution and the 23rd Street entrance, and plan to arrive on investment. The ATCMTD program SMTA–2. at least twenty minutes prior to the start is funded for fiscal years (FY) 2016 Section 7.4.2 of the PIP–FW provides of the meeting to allow for ID through 2020 at $60 million per FY from that: ‘‘The Framework and its Annexes verification and escorting requirements. amounts authorized under sections will be reviewed by 2016 with a view Status: The meeting will be open to 6002(a)(1), 6002(a)(2), and 6002(a)(4) of to proposing revisions reflecting the public. Persons planning on the FAST Act. This notice is the first of development as appropriate, to the attending must provide their full name annual solicitations for the ATCMTD World Health Assembly in 2017, and organization to Dr. Bruce Ruscio at program and seeks applications from through the Executive Board.’’ It is in [email protected] three days prior to eligible entities to establish the initial anticipation of the 2016 review that the each meeting. Persons who need special set of model technology deployment U.S. Department of State seeks accommodations should also contact Dr. sites. The DOT intends for these model comments on the following points: Ruscio at [email protected] or (202) technology deployments to help (1) Perspectives on the PIP–FW efforts 647–3017 seven days before each demonstrate how emerging in advancing global pandemic influenza meeting. Requests made after that time transportation technologies, data, and preparedness, including inter-pandemic will be considered, but might not be their applications, which also link to surveillance, and capacity to respond. possible to accommodate. Beyond Traffic 2045, can be effectively (2) Experiences relating to the status Personal data is requested pursuant to deployed and integrated with existing and process of concluding Standard Public Law 99–399 (Omnibus systems to provide access to essential

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services and other destinations. This ATCMTD program for FY 2016 from • accelerate the deployment of also includes efforts to increase eligible entities to develop model vehicle-to-vehicle, vehicle-to- connectivity to employment, education, deployment sites for large scale infrastructure, autonomous vehicles, services and other opportunities; installation and operation of advanced and other technologies. support workforce development; and transportation technologies to improve The DOT intends for these model contribute to community revitalization, safety, efficiency, system performance, technology deployments to help particularly for disadvantaged groups and infrastructure return on investment. demonstrate how emerging (e.g., low income groups, persons with Each section of this notice contains transportation technologies, data, and visible or hidden disabilities, elderly information and instructions relevant to their applications, which also link to individuals, and minority populations). the application process for ATCMTD Beyond Traffic 2045, can be effectively The DOT will make no fewer than five grants. The applicant should read this deployed and integrated with existing and no more than 10 awards of up to notice in its entirety to submit eligible systems to provide access to essential $12 million each depending on the and competitive applications. services and other destinations. number of awards and amounts set The competitive ATCMTD program aside for DOT administrative expenses. Table of Contents will promote the use of innovative DATES: Applications must be submitted A. Program Description transportation solutions. The by 3:00 p.m., e.t., on or by June 3, 2016. B. Federal Award Information deployment of these technologies will The Grants.gov ‘‘Apply’’ function will C. Eligibility Information provide Congress and DOT with open by March 29, 2016. Applications D. Application and Submission Information valuable real life data and feedback to should be submitted through http:// E. Application Review Information inform future decisionmaking. The DOT F. Federal Award Administration will make no fewer than five and no www.grants.gov. Information more than 10 awards of up to $12 ADDRESSES: Applications must be G. Federal Awarding Agency Contacts submitted through www.grants.gov. H. Other Information million each depending on the number of awards and amounts set aside for Only applicants who comply with all A. Program Description submission requirements described in DOT administrative expenses. this notice and submit applications Section 503(c)(4), title 23, United B. Federal Award Information through www.grants.gov will be eligible States Code (23 U.S.C. 503(c)(4)) directs Per 23 U.S.C. 503(c)(4)(I), for each for award. the DOT to establish an ATCMTD initiative to provide grants to eligible fiscal year from 2016 through 2020, a FOR FURTHER INFORMATION CONTACT: For maximum of $60 million, less up to $2 further information concerning this entities to develop model deployment sites for large scale installation and million for DOT administrative notice, please contact the FHWA via expenses, will be available to make five email at [email protected]. For operation of advanced transportation technologies to improve safety, to 10 awards not exceeding $12 million questions about the ATCMTD program each depending on the number of discussed herein, contact Mr. Robert efficiency, system performance, and awards and the amount set aside for Arnold, Director, FHWA Office of infrastructure return on investment. DOT administrative expenses. The Transportation Management, telephone This solicitation seeking applications planned award type is a cost- 202–366–1285 or via email at from eligible entities will establish the reimbursable cooperative agreement or [email protected]; or Mr. Egan initial set of model technology an allocation to a State department of Smith, Managing Director, Intelligent deployment sites. The deployment of transportation (State DOT). The Transportation Systems (ITS) Joint technologies will: ATCMTD awards may be used for: Program Office, telephone 202–366– • Reduce costs and improve return on • Advanced traveler information 9224 or via email at Egan.Smith@ investments, including through the enhanced use of existing transportation systems; dot.gov. For legal questions, please Advanced transportation capacity; • contact Mr. Adam Sleeter, Attorney- management technologies; deliver environmental benefits that Advisor, FHWA Office of the Chief • • Infrastructure maintenance, Counsel, telephone 202–366–8839 or via alleviate congestion and streamline monitoring, and condition assessment; email at [email protected]. traffic flow; • Advanced public transportation Business hours for the FHWA are from • measure and improve the systems; 8:00 a.m. to 4:30 p.m., e.t., Monday operational performance of the • Transportation system performance through Friday, except Federal holidays. applicable transportation network; data collection, analysis, and A telecommunications device for the • reduce the number and severity of dissemination systems; deaf (TDD) is available at 202–366– traffic crashes and increase driver, • Advanced safety systems, including 3993. Additionally, the notice, answers passenger, and pedestrian safety; vehicle-to-vehicle and vehicle-to- to questions, requests for clarification, • collect, disseminate, and use real infrastructure communications, and information about Webinars for time transportation-related information technologies associated with further guidance will be posted at to improve mobility, reduce congestion, autonomous vehicles, and other http://www.grants.gov/. and provide for more efficient and collision avoidance technologies, SUPPLEMENTARY INFORMATION: accessible transportation; including systems using cellular • monitor transportation assets to Electronic Access technology; improve infrastructure management, • Integration of intelligent An electronic copy of this document reduce maintenance costs, prioritize transportation systems with the Smart may be downloaded from the Federal investment decisions, and ensure a state Grid and other energy distribution and Register Web site at http:// of good repair; charging systems; www.archives.gov and the Government • deliver economic benefits by • Electronic pricing and payment Printing Office’s database at http:// reducing delays, improving system systems; or www.access.gpo.gov/nara. performance, and providing for the • Advanced mobility and access SUPPLEMENTARY INFORMATION: This efficient and reliable movement of technologies, such as dynamic notice solicits applications for the goods and services; or ridesharing and information systems to

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support human services for elderly and reduce maintenance costs, prioritize of these fatalities occur in urban disabled individuals. investment decisions, and ensure a state environments. The DOT recognizes that each of good repair; • Multimodal Integrated Corridor location has unique attributes, and each • Delivery of economic benefits by Management (ICM): ICM is the location’s proposed deployment will be reducing delays, improving system coordination of individual network tailored to their vision and goals. performance and throughput, and operations of adjacent facilities across Applications may be submitted for providing for the efficient and reliable all government or other operations deploying any eligible technology. movement of people, goods, and agencies that creates a unified, However, this section provides a services; interconnected, and multimodal system framework for applicants to consider in • Accelerated deployment of vehicle- capable of sharing cross-network travel the development of a proposed to-vehicle, vehicle-to-infrastructure, management. All corridor transportation deployment by presenting the DOT’s automated vehicle applications, assets and information services (i.e., vision, goals, and focus areas. autonomous vehicles, and other State, regional, county, and local) are The DOT’s vision for the ATCMTD advanced technologies; brought to bear when congestion events initiative is the deployment of advanced • Integration of advanced beyond nominal threshold conditions technologies and related strategies to technologies into transportation system trigger alerts. Through an ICM approach, address issues and challenges in safety, management and operations; transportation professionals manage the mobility, sustainability, economic • Demonstration, quantification, and corridor as a multimodal system and vitality, and air quality that confront evaluation of the impact of these make operational decisions for the transportation systems owners and advanced technologies, strategies, and benefit of the corridor as a whole. The operators. The advanced technologies applications towards improved safety, DOT is interested in increasing are integrated into the routine functions efficiency, and sustainable movement of deployment of ICM. of the location or jurisdiction, and play people and goods; and • Traffic signal data acquisition, a critical role in helping agencies and • Reproducibility of successful analysis, and management: Deployment the public address their challenges. systems and services for technology and of technology that actively impacts the Management systems within knowledge transfer to other locations management, operation, and transportation and across other sectors facing similar challenges. maintenance of traffic signal systems (e.g., human services, energy, and Although proposals are not limited to through real time data collection and logistics) share information and data to DOT priorities, the DOT is particularly signal control to meet congestion communicate between agencies and interested in deployment programs and management and system responsiveness with the public. These management projects in the following areas: objectives. Data collection could be from • Transportation elements associated systems provide benefits by maximizing infrastructure sensors and cameras, with Smart Cities: A Smart City is one efficiencies based on the intelligent mobile and connected sources (in- that uses technology to connect management of assets and the sharing of vehicle and portable devices), or other transportation assets into an interactive information using integrated technology external sources. Performance driven network that allows communities to solutions. The advanced technology management of traffic systems is a reduce congestion, support efficient solutions and the lessons learned from proven approach to shifting resources goods movements, provide multimodal their deployment are used in other from reactive to proactive processes to choices, keep travelers and freight locations, scaled in scope and size, to produce improved outcomes for internal logistics safe, reduce fuel consumption, increase successful deployments and and external stakeholders. The DOT has protect the environment, respond to provide widespread benefits to the been working to accelerate the climate change, connect underserved public and agencies. implementation of technologies that The DOT’s goals for the ATCMTD communities, and support economic advance these strategies. initiative include: vitality. This focus area is for • Unified fare collection and payment • Reduced costs and improved return transportation technology deployments system across transportation modes and on investments, including through the that would lead to a wider Smart City jurisdictions: Technological enhanced use of existing transportation environment. advancements in payment systems capacity; • Systemic applied pedestrian allow convergence across both publicly- • Delivery of environmental benefits crossing technology: Pedestrian crossing delivered and privately-delivered that alleviate congestion and streamline technology encompasses crossing mobility services. However, field traffic flow; treatments with advanced equipment implementations have been achieved • Measurement and improvement of such as automated detectors that can only sparingly and in small projects. the operational performance of the sense pedestrians and provide them Convergence will enhance consumer applicable transportation networks; with safer crossing opportunities (e.g., payment options and mode choices and • Reduction in the number and extending crossing times or activating forge partnerships among providers to severity of traffic crashes and an infrastructure or in-vehicle based achieve a seamless, accessible, and increase in driver, passenger, and displays and warnings). Such flexible transportation network across pedestrian safety; technologies offer significant benefits at the Nation. The DOT is engaged in • Collection, dissemination and use midblock locations, which are efforts which will assist in identifying of real time transportation related particularly risky for pedestrians. technical, institutional, and policy information to improve mobility, reduce Because pedestrian fatalities do not solutions to achieve unified congestion, and provide for more necessarily cluster in particular transportation payment systems. efficient and accessible transportation, locations, it will likely be more effective • Incorporation of connected vehicle including access to safe, reliable, and to use a systemic application of (CV) technology in public sector and affordable connections to employment, pedestrian crossing improvements to first responder fleets: The use of CV education, healthcare, freight facilities, improve safety. The DOT is interested in technologies in infrastructure and and other services; these technologies because pedestrians integrated into public sector and first • Monitoring transportation assets to account for over 14 percent of annual responder fleets can provide valuable improve infrastructure management, roadway fatalities and over 70 percent system performance data, increased

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safety and response time via signal publicly owned toll or port authorities), awarded each fiscal year to carry out preemption capabilities and routing or a multijurisdictional group or planning and reporting requirements for information, and better fleet operation. consortia of research institutions or the project. The DOT is interested in early academic institutions. Partnership with The DOT encourages applicants to deployment opportunities of CV the private sector or public agencies, identify any project components that technologies that increase safety and has including multimodal and have independent utility and separately public benefit. multijurisdictional entities, research detail the costs and requested ATCMTD • Weigh-in-Motion (WIM) facilities institutions, organizations representing funding for each component in their for advanced data collection: WIM transportation and technology leaders, applications. If the application technology allows for the capture and or other transportation stakeholders is recording of heavy vehicles axle and encouraged. identifies one or more independent gross weights while traveling at normal Typically, a consortium is a project components, the application traffic speed without requiring the meaningful arrangement with all should clearly identify how each vehicle to stop. These deployments, members involved in planning the independent component addresses the either existing or new, would be capable overall direction of the group’s activities selection criteria and produces benefits of high-quality and shareable data as and participating in most aspects of the on its own, and describe how the full part of its standard operation to support group. The consortium is a long-term proposal, of which the independent infrastructure and safety management relationship intended to last the full life component is a part, addresses the needs. They would provide strategic of the grant. Any application submitted selection criteria. coverage for a State’s highway freight by a sole research or academic network. The DOT is interested in this D. Application and Submission institution that is not part of a Information technology to provide more efficient consortium will not be considered for movement of goods through the selection. 1. Address collection and sharing of data needed to make better policy decisions at the State 2. Cost Sharing or Matching Applicants may obtain application and national level. Cost sharing or matching is required, forms at grants.gov under the Notice of • Dynamic ridesharing: Dynamic with the maximum Federal share being Funding Opportunity Number cited ridesharing deploys the latest 50 percent of future eligible costs. herein. The applicant must complete communications technologies and social Therefore, a minimum non-Federal cost and submit all forms included in the network structures to bring drivers and share of 50 percent is required. Cost application package for this notice as riders together quickly and efficiently. sharing or matching means the portion contained at www.grants.gov. This strategy can reduce the number of of project costs not paid by Federal 2. Content and Form of Application single passenger trips which reduces funds. For a more complete definition, Submission overall fuel consumption and please see the Uniform Administrative greenhouse gas emissions. The DOT Requirements, Cost Principles, and considers dynamic ridesharing as a The application must include the Audit Requirements for Federal Awards Standard Form (SF) 424 (Application for potential step-change improvement to at part 200, title 2, Code of Federal carpooling when brought up to scale. Federal Assistance), SF 424A (Budget Regulations (2 CFR 200), including Information for Non-Construction C. Eligibility Information section 200.306 on cost sharing or Programs), SF 424B (Assurances for matching. Other Federal funds using 1. Eligible Applicants Non-Construction Programs), Grants.gov their appropriate matching share may be Lobbying Form, cover page, and the To be selected for an ATCMTD award, leveraged for the deployment but cannot project narrative. The SFs are available an applicant must be an eligible be considered as part of the ATCMTD online at http://www.grants.gov/web/ applicant. Eligible applicants are State matching funds, unless otherwise grants/forms/sf-424-family.html. More or local governments, transit agencies, supported by statute. metropolitan planning organizations detailed information about the cover (MPO) representing a population of over 3. Other page and project narrative follows. 200,000, or other political subdivisions The ATCMTD recipients may use not a. Cover Page Including the Following of a State or local government (such as more than five percent of the funds Table:

Project name

Previously Incurred Project Cost ...... $ Future Eligible Project Cost ...... $ Total Project Cost ...... $ ATCMTD Request ...... $ Total Federal Funding (including ATCMTD) ...... $ Are matching funds restricted to a specific project component? If so, which one? ...... Yes/No. State(s) in which the project is located ...... Is the project currently programmed in the: ...... Yes/No—please specify in which • Transportation Improvement Program (TIP) plans the project is currently pro- • Statewide Transportation Improvement Program (STIP) grammed. • MPO Long Range Transportation Plan • State Long Range Transportation Plan

b. Project Narrative determine that the project satisfies selection criteria specified in section project requirements described in E.1. To the extent practicable, The application must include sections A, B, and C and to assess the applicants should provide data and information required for the DOT to

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evidence of project merits in a form that implement the advanced transportation initiatives (DOT ITS initiatives are is verifiable or publicly available. The technologies deployment initiative described online at http:// DOT may ask any applicant to across jurisdictional boundaries, and is www.its.dot.gov). supplement data in its application, but an eligible entity under this paragraph.) d. Staffing description that includes expects applications to be complete (3) A description of the geographic the following: upon submission. area or jurisdiction the deployment will (1) A description of the organization The DOT recommends that the project service. of staffing to manage and conduct the narrative adhere to the following basic (4) A description of the real world project, including identification of key outline of a project description, staffing issues and challenges to be addressed by personnel, organization, role, and description, and funding description to the proposed technology deployments. responsibility. clearly address the program Applicants should discuss how the (2) A primary point of contact (POC) requirements and make critical proposed technology deployments and provide complete contact information readily apparent. In address the goals of the initiative and information for this individual. addition to a detailed statement of work, any applicable technology focus area. e. Funding Description detailed project schedule, and detailed Applicants should highlight any project budget, the project narrative proposed linkages to Ladders of Applications must include a should include a table of contents, Opportunity pathways to jobs and breakdown of estimated costs across maps, and graphics as appropriate to economic opportunities as described in project work areas or tasks, including an make the information easier to review. section B. identification of funding sources and The DOT recommends that the project (5) A description of transportation amounts. narrative be prepared with standard systems and services to be included in (Note: The maximum amount of funding formatting preferences (i.e., a single- project. requested from the ATCMTD program cannot spaced document, using a standard 12- (6) A plan to deploy and provide for exceed $12 million per year nor exceed 50 point font such as Times New Roman, percent of the total cost of the activities the long-term operation and proposed to be funded. The maximum with 1-inch margins). The project maintenance of advanced transportation amount that will be awarded will depend on narrative may not exceed 25 pages in and congestion management the number of awards and the amount length, excluding cover pages and the technologies to improve safety, reserved for DOT administrative expenses. table of contents. The only substantive efficiency, system performance, and Selection of an application to receive grant portions that may exceed the 25-page return on investment. funding in one fiscal year is not a limit are documents to support (7) A description of any challenges in commitment of any future funding. assertions or conclusions made in the the regulatory, legislative, or Applications will be solicited annually for project narrative or re´sume´s of key staff institutional environments or other competitively selecting grant recipients for described in the project narrative. If obstacles to deployment. that funding year.) supporting documents are submitted, (8) Quantifiable system performance f. Additional Organization Information applicants must clearly identify within improvements, such as: the project narrative the relevant portion (a) Reducing traffic-related crashes, In addition to the forms noted above, of the project narrative that each congestion, and costs; provide answers to the following supporting document supports. (b) optimizing system efficiency; and organizational information questions in c. Project description that includes (c) improving access to transportation a pdf format: the following: services. (1) Identify any exceptions to the (1) An introduction that provides a (9) Quantifiable safety, mobility, and anticipated award terms and conditions one- to two-page summary of the environmental benefit projections such as contained in section F (Federal proposed technology deployment(s). as data-driven estimates of how the Award Administration Information). (2) A description of the entity that project will improve the region’s Identify any preexisting intellectual will be entering into the agreement with transportation system efficiency and property that you anticipate using FHWA including: reduce traffic congestion. during award performance, and your (a) Membership of any partnership or (10) Vision, goals, and objectives of position on its data rights during and entity proposed to carry out the the applicant for the technology after the award period of performance. deployment; and deployment, including any future (2) The use of a Dun and Bradstreet (b) a description of how the entity related deployments; Data Universal Numbering System will manage the program including (11) Vision of the organization and (DUNS) number is required on all project funding. goals, objectives, and activities to be applications for Federal grants or Applicants that are pursued in addressing the identified cooperative agreements. Please provide multijurisdictional groups or consortia issues and challenges. your organization’s DUNS number in of research or academic institutions do (12) A plan for partnering with the your budget application. not necessarily have to be an existing private sector or public agencies, (3) A statement to indicate whether organization or coalition but should including multimodal and your organization has previously show evidence that a cooperative multijurisdictional entities, research completed an A–133 Single Audit and, agreement, memorandum of institutions, organizations representing if so, the date that the last A–133 Single understanding, or other organizational transportation and technology leaders, Audit was completed. mechanism can be executed in a or other transportation stakeholders. (4) A statement regarding conflicts of reasonable timeframe after selection. (13) A plan to leverage and optimize interest. The applicant must disclose in (Note: A multijurisdictional group is existing local and regional advanced writing any actual or potential personal any combination of State governments, transportation technology investments. or organizational conflict of interest in local governments, metropolitan (14) A schedule for conducting the its application that describes in a planning agencies, transit agencies, or technology deployment and for concise manner all past, present or other political subdivisions of a State for completion of all proposed activities. planned organizational, contractual or which each member of the group has (15) Any support or leveraging of the other interest(s), which may affect the signed a written agreement to ITS program or innovative technology applicants’ ability to perform the

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proposed project in an impartial and the remedies described in 2 CFR Customer Service Support Hotline at objective manner. Actual or potential 200.338 (remedies for noncompliance, 800–518–4726, from 7:00 a.m. to 9:00 conflicts of interest may include but are including suspension or debarment). p.m., e.t., Monday through Friday. not limited to any past, present or (See also 2 CFR part 180 and 31 U.S.C. b. Consideration of Application planned contractual, financial, or other 3321.) relationships, obligations, commitments Only applicants who comply with all or responsibilities, which may bias the 3. Unique Identifier and System for submission deadlines described in this applicant or affect the applicant’s ability Award (SAM) notice and submit applications through to perform the agreement in an impartial The applicant is required to: (i) Be Grants.gov will be eligible for award. and objective manner. The Agreement registered in SAM before submitting its Applicants are strongly encouraged to Officer (AO) will review the application; (ii) provide a valid unique make submissions in advance of the statement(s) and may require additional entity identifier in its application; and deadline. relevant information from the applicant. (iii) continue to maintain an active SAM Applicants interested in applying are All such information, and any other registration with current information encouraged to email [email protected] relevant information known to DOT, while it has an active Federal award, no later than May 13, 2016, with will be used to determine whether an application, or plan under consideration applicant name, State in which project award to the applicant may create an by a Federal awarding agency. is located, approximate total project actual or potential conflict of interest. If The Federal awarding agency may not cost, amount of the ATCMTD grant any such conflict of interest is found to make a Federal award to an applicant request, and a two- to three-sentence exist, the AO may disqualify the until the applicant has complied with project description. The DOT seeks this applicant or determine that it is all applicable unique entity identifier early notification of interest to inform otherwise in the best interest of the and SAM requirements. If an applicant its allocation of resources for United States to contract with the has not fully complied with the application evaluations and to facilitate applicant and include appropriate requirements by the time the Federal timely and efficient awards. provisions to mitigate or avoid such awarding agency is ready to make a c. Late Applications conflict in the agreement pursuant to 2 Federal award, it may determine that CFR 200.112. the applicant is not qualified and use Applications received after the (5) A statement to indicate whether a that determination as a basis for deadline will not be considered except Federal or State organization has awarding another applicant. in the case of unforeseen technical audited or reviewed the applicant’s difficulties outlined below. accounting system, purchasing system, 4. Submission Dates and Times d. Late Application Policy and/or property control system. If such a. Deadline systems have been reviewed, provide Applicants experiencing technical summary information of the audit/ Applications must be submitted issues with Grants.gov that are beyond review results to include as applicable through www.Grants.gov by 3:00 p.m., the applicant’s control must contact summary letter or agreement, date of e.t., on or by June 3, 2016, which is the [email protected] prior to the audit/review, Federal or State POC for date and time by which the FHWA must application deadline with the user name such review. receive the full and completed of the registrant and details of the (6) Terminated Contracts. List any application, including all required technical issue experienced. The contract/agreement that was terminated sections. applicant must provide: for convenience of the Government To submit an application through (1) Details of the technical issue within the past 3 years, and any Grants.gov, applicants must: experienced; contract/agreement that was terminated (1) Obtain a DUNS number: (2) Screen capture(s) of the technical for default within the past 5 years. (2) Register with the SAM at issues experienced along with Briefly explain the circumstances in www.sam.gov; corresponding Grants.gov grant tracking each instance. (3) Create a Grants.gov username and number; (7) The applicant is directed to review password; and (3) The legal business name for the 2 CFR 170 (http://www.ecfr.gov/cgi-bin/ (4) The E-business Point of Contact applicant that was provided in the SF– text-idx?c=ecfr&tpl=/ecfrbrowse/ (POC) at the applicant’s organization 424; Title02/2cfr170_main_02.tpl), dated must respond to the registration email (4) The AOR name submitted in the September 14, 2010, and Appendix A from Grants.gov and login to authorize SF–424; thereto; on reporting of information on the POC as an Authorized Organization (5) The DUNS number associated with subawards and executive total Representative (AOR). Please note that the application; and compensation. The applicant is directed there can only be one AOR per (6) The Grants.gov Help Desk to acknowledge in its application that it organization. Tracking Number. understands the requirement, has the Please note that the Grants.gov To ensure a fair competition of necessary processes and systems in registration process usually takes 2–4 limited discretionary funds, the place, and is prepared to fully comply weeks to complete and late applications following conditions are not valid with the reporting described in the term that are the result of failure to register reasons to permit late submissions: (1) if it receives funding resulting from this or comply with Grants.gov applicant Failure to complete the registration notice. The text of Appendix A will be requirements in a timely manner will process before the deadline; (2) failure incorporated in the award document as not be considered. For information and to follow Grants.gov instructions on a General Term and Condition as instruction on each of these processes, how to register and apply as posted on referenced under section F (Federal please see instructions at http:// its Web site; (3) failure to follow all of Award Administration Information). www.grants.gov/web/grants/applicants/ the instructions in this notice; and (4) (8) Disclose any violations of Federal applicant-faqs.html. If interested parties technical issues experienced with the criminal law involving fraud, bribery, or experience difficulties at any point applicant’s computer or information gratuity violations. Failure to make during the registration or application technology environment. After DOT required disclosures can result in any of process, please call the Grants.gov staff review all information submitted

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and contact the Grants.gov Help Desk to 2. Review and Selection Process selected projects. Notice that an validate reported technical issues, DOT The DOT will review all eligible applicant has been selected as a staff will contact late applicants to applications received before the recipient does not constitute approval of approve or deny a request to submit a application deadline. The ATCMTD the application as submitted. Before the late application through Grants.gov. If process consists of a technical award, the DOT will contact the POC the reported technical issues cannot be evaluation phase and senior review. In listed in the SF 424 to initiate validated, late applications will be the technical evaluation phase, teams negotiation of a project specific rejected as untimely. will determine whether each project agreement. If the negotiations do not E. Application Review Information satisfies statutory requirements and rate result in an acceptable submittal, the how well it addresses selection criteria. DOT reserves the right to terminate the 1. Criteria The senior review team will consider negotiation and decline to fund the The DOT will evaluate applications the applications and the technical applicant. on the following criteria, which are of evaluations to determine which projects to advance to the Secretary for 2. Administrative and National Policy equal importance: Requirements Technical Merit Criteria: consideration. Evaluations in both the technical evaluation and senior review • Degree to which the proposed All awards will be administered technology deployment aligns with phases will place projects into rating pursuant to the Uniform Administrative program requirements and DOT goals. categories, not assign numerical scores. Requirements, Cost Principles and The Secretary will select the projects for Maturity or readiness of the Audit Requirements for Federal Awards • award. The DOT reserves the right to proposed technology(ies) to be found in 2 CFR 200, as adopted by DOT use outside expertise and/or contractor deployed, and the likelihood of success at 2 CFR 1201. Applicable Federal laws, support to perform application of the applicant to deploy and sustain rules, and regulations set forth in 23 evaluation. A panel of Agency experts the proposed technology(ies), including U.S.C. and 23 CFR also apply. For a list will conduct a risk assessment of the the proposed approaches to addressing of the applicable laws, rules, applicant prior to award. regulations, executive orders, polices, any regulatory and other obstacles to The DOT will award the applications deployment. that are considered the most guidelines, and requirements related to • Scalability or portability of the advantageous using the criteria cited ATCMTD projects, please see http:// proposed technology deployment to above, subject to the results of an www.fhwa.dot.gov/aaa/ other jurisdictions. applicant risk assessment. In addition, generaltermsconditions.cfm. • Commitment to evaluate the per 23 U.S.C. 503(c)(4)(D)(i) and (ii), the 3. Reporting effectiveness (i.e., cost-benefit) of DOT shall ensure, to the extent activities proposed. practicable, that grant recipients a. Progress Reporting on Grant Activity • Clarity, quality, and completeness represent diverse geographic areas of the Each applicant selected for an of the proposal. United States, including urban and rural ATCMTD grant must submit the Federal Staffing Criteria: areas, and that grant recipients represent Financial Report (SF–425) on the • Degree to which the application diverse technology solutions. includes a program/project management financial condition of the project, its 3. Other Information structure or organization that will progress, and an Annual Budget Review successfully oversee the proposed Prior to award, each selected and Program Plan to monitor the use of technology deployment. applicant will be subject to a risk Federal funds and ensure accountability and financial transparency in the • Expertise and qualifications of key assessment required by 2 CFR 200.205. ATCMTD program. personnel for managing or conducting The DOT must review and consider any appropriate aspects of the proposed information about the applicant that is b. Reporting of Matters Related to technology deployment through the in the designated integrity and Integrity and Performance period of performance. performance system accessible through The DOT will prioritize projects that SAM (currently the Federal Awardee If the total value of a selected also enhance personal mobility and Performance and Integrity Information applicant’s currently active grants, accessibility. Such projects include, but System (FAPIIS)). An applicant may cooperative agreements, and are not limited to (1) investments that review information in FAPIIS and procurement contracts from all Federal better connect people to essential comment on any information about awarding agencies exceeds $10 million services such as employment centers, itself. The DOT will consider comments at any time during the period of health care, schools, education facilities, by the applicant, in addition to other performance, then the applicant must healthy food, and recreation; (2) remove information in FAPIIS, in making a maintain the currency of information physical barriers to access; (3) judgment about the applicant’s integrity, reported to the SAM and made available strengthen communities through business ethics, and record of in the FAPIIS about civil, criminal, or neighborhood redevelopment; (4) performance under Federal awards administrative proceedings described in mitigate the negative impacts of freight when completing the risk assessment. paragraph 2 of the award terms and movement on communities; and (5) The DOT reserves the right to deny an conditions. This is a statutory support workforce development, award based on the results of the risk requirement under section 872 of Public particularly for disadvantaged groups assessment. Law 110–417, as amended (41 U.S.C. (e.g., low-income groups, the disabled, F. Federal Award Administration 2313). As required by section 3010 of elderly individuals, and minority Information Public Law 111–212, all information populations). The DOT may consider posted in the designated integrity and whether a project’s design is likely to 1. Federal Award Notices performance system on or after April 15, generate benefits for all users, including Following the evaluation outlined in 2011, except past performance reviews non-driving members of a community section E, the DOT will notify the required for Federal procurement adjacent to or affected by the project. selected applicants and announce the contracts, will be publicly available.

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c. Reporting to the Secretary should be considered. The FHWA may SUMMARY: Section 6020 of the Fixing Per 23 U.S.C. 503(c)(4)(F), not later consider the submitted comments and America’s Surface Transportation than 1 year after receiving an ATCMTD suggestions when developing (FAST) Act directs the DOT to establish grant, and each year thereafter, the subsequent ATCMTD notices and the Surface Transportation System recipient shall submit a report to the program guidance, but they will not Funding Alternatives (STSFA) program Secretary that describes: affect the program’s evaluation and to provide grants to States to (1) Deployment and operational costs selection process for FY 2016 awards. demonstrate user-based alternative of the project compared to the benefits Applications or comments about revenue mechanisms that utilize a user and savings the project provides; and specific projects should not be fee structure to maintain the long-term (2) how the project has met the submitted to the docket. Any solvency of the Federal Highway Trust original expectations projected in the application submitted to the document Fund. Section 6020 provides $15 deployment plan submitted with the will not be reviewed. Comments should million for fiscal year (FY) 2016 and $20 application, such as: be sent to docket number FHWA–2016– million for each of FYs 2017–2020 out (a) Data on how the project has helped 0005 by July 1, 2016. To the extent of funds set aside in section 6002(a)(1), reduce traffic crashes, congestion, costs, practicable, FHWA will consider late- which authorizes funds for the Highway and other benefits of the deployed filed comments. Research and Development Program. systems; These grants shall make up no more 2. Protection of Confidential Business than 50 percent of total proposed project (b) data on the effect of measuring and Information improving transportation system costs, with the remainder coming from performance through the deployment of To the extent possible, all information non-Federal sources. This Notice of advanced technologies; submitted as part of or in support of any Funding Opportunity for the STSFA (c) the effectiveness of providing real application shall use publicly available program seeks applications from States time integrated traffic, transit, and data or data that can be made public and or groups of States. multimodal transportation information methodologies that are accepted by DATES: Applications must be submitted to the public to make informed travel industry practice and standards. If the by 3:00 p.m., e.t., on or by May 20, 2016. decisions; and application includes information the The Grants.gov ‘‘Apply’’ function will (d) lessons learned and applicant considers to be a trade secret, open by March 29, 2016. Applications recommendations for future deployment confidential commercial information, or should be submitted through http:// strategies to optimize transportation financial information, the applicant www.grants.gov. efficiency and multimodal system should do the following: (1) Note on the ADDRESSES: Applications must be performance. front cover that the submission submitted through www.Grants.gov. ‘‘Contains Confidential Business G. Federal Awarding Agency Contacts Only applicants who comply with all Information (CBI)’’; (2) mark each submission requirements described in For further information or questions affected page ‘‘CBI’’; and (3) highlight or this notice and submit applications concerning this notice, please contact otherwise denote the CBI portions. The through www.Grants.gov will be eligible the FHWA via email at ATCMTD@ DOT protects such information from for award. dot.gov. For questions about the disclosure to the extent allowed under FOR FURTHER INFORMATION CONTACT: For ATCMTD program discussed herein, applicable law. In the event DOT further information concerning this contact Mr. Robert Arnold, Director, receives a Freedom of Information Act notice, please contact the FHWA via FHWA Office of Transportation (FOIA) request for the information, it email at [email protected]. For questions Management, telephone 202–366–1285 will follow the procedures described in about the STSFA program, contact Mr. or via email at [email protected]; its FOIA regulations at 49 CFR 7.17. Robert Arnold, Director, FHWA Office or Mr. Egan Smith, Managing Director, Only information that is ultimately of Transportation Management, ITS Joint Program Office, telephone determined to be confidential under that telephone 202–366–1285, or via email at 202–366–9224 or via email at procedure will be exempt from [email protected]; or Angela [email protected]. A TDD is available disclosure under FOIA. Jacobs, Program Manager, telephone at 202–366–3993. Additionally, the Authority: 23 U.S.C. 503(c)(4). 202–366–0076, or via email at notice, answers to questions, requests Gregory G. Nadeau, [email protected]. For legal for clarification, and information about questions, please contact Mr. Adam Webinars for further guidance will be Administrator, Federal Highway Administration. Sleeter, Attorney-Advisor, FHWA Office posted at http://www.grants.gov/. of the Chief Counsel, telephone 202– [FR Doc. 2016–07051 Filed 3–28–16; 8:45 am] H. Other Information 366–8839, or via email at BILLING CODE 4910–22–P [email protected]. Business hours 1. Public Comment for the FHWA are from 8:00 a.m. to 4:30 The ATCMTD program is funded p.m., e.t., Monday through Friday, through FY 2020. This notice solicits DEPARTMENT OF TRANSPORTATION except Federal holidays. A applications for FY 2016 only. Because Federal Highway Administration telecommunications device for the deaf this is the first year implementing the (TDD) is available at 202–366–3993. ATCMTD program, FHWA invites [FHWA Docket No. FHWA–2016–0006] Additionally, the DOT will regularly interested parties to submit comments post answers to questions, requests for about this notice’s contents, the Notice of Funding Opportunity for clarification, and information about FHWA’s implementation choices within Surface Transportation System Webinars for further guidance at the legal bounds of the program, and Funding Alternatives Program http://www.grants.gov/. suggestions for clarification in future AGENCY: Federal Highway SUPPLEMENTARY INFORMATION: ATCMTD solicitations. The FHWA Administration (FHWA), Department of Electronic Access seeks input on whether the information Transportation (DOT). requested in applications is reasonable An electronic copy of this document Notice of Funding Opportunity. and clear and if additional merit criteria ACTION: may be downloaded from the Federal

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Register’s Web site at http:// design, acceptance, and implementation traveled) and from new administrative www.archives.gov and the Government of a user-based alternative revenue processes for collecting fees (such as Printing Office’s database at http:// mechanism. An application shall purchasing the necessary technology www.access.gpo.gov/nara. address or describe how the proposed and reporting vehicle use). Of particular This demonstration has already addressed: concern are changes that could increase SUPPLEMENTARY INFORMATION: Implementation, interoperability, notice solicits applications for the • the relative cost burdens on public acceptance and potential hurdles STSFA program for FY 2016 from States economically disadvantaged to adoption of the demonstrated user- or groups of States to demonstrate user- populations who would be least able to based alternative revenue mechanism. based alternative revenue mechanisms afford such a change. New mechanisms There are a number of logistical, that utilize a user fee structure to could also shift the relative costs paid technological, and societal issues that by drivers in different regions of a State, maintain the long-term solvency of the will need to be addressed in any particularly between urban and rural Federal Highway Trust Fund. Each alternative to the current user fee areas. section of this notice contains structure. These range from potential • Ease of user compliance. The information and instructions relevant to additional logistical burdens imposed current collection system for fuel taxes the application process for STSFA by the mechanism to explaining to the (the predominant source of highway grants. The applicant should read this public why the current gas tax is no user-based fees) is mostly transparent to notice in its entirety to submit eligible longer a sustainable funding source. the user; does not require any additional and competitive applications. While some demonstrations of the action beyond fuel purchasing; and is Table of Contents effectiveness of alternative funding relatively invulnerable to avoidance by mechanisms to date have focused on consumers. Any new mechanism would A. Program Description light vehicles, the consideration of the need to carefully consider and evaluate B. Federal Award Information C. Eligibility Information impacts on heavy vehicles is also of how compliance can be enforced D. Application and Submission Information interest. without imposing undue costs or other E. Application Review Information • Privacy protection. The current burdens on different classes of users. F. Federal Award Administration system provides almost complete • Reliability and security on the use Information privacy protection. Any new of technology. Threats to the success of G. Federal Awarding Agency Contacts mechanism would have to provide the the mechanism can be both malicious same level of protection by design, (e.g., hacking attacks) and non- A. Program Description either perceived or real, or employ malicious (e.g., equipment failures). Section 6020 of the FAST Act (Pub. L. mitigating strategies that reduce the risk Any system should address the 114–94) directs the DOT to establish a to acceptable levels. This extends into robustness of the technology and program to provide grants to States or the area of data security and access processes to withstand and recover from groups of States to demonstrate user- beyond the requirements of the user fee such events. based alternative revenue mechanisms collection. The application for the pilot project that utilize a user fee structure to • Use of independent and private may address: maintain the long-term solvency of the third party vendors. The use of private • The flexibility and choices of user- Highway Trust Fund. This solicitation sector third party vendors to administer based alternative revenue mechanisms, seeks applications that meet the and operate a system could reduce such including the ability of users to select following objectives: costs, off-set administrative costs by from various technology and payment • To test the design, acceptance, and offering value-added services, or options; implementation of a user-based alleviate privacy concerns generated by • The cost of administering the user- alternative revenue mechanisms. government administration of the user based alternative revenue mechanism; • To improve the functionality of fee collection process. However, other and such user-based alternative revenue concerns could be raised depending on • The ability of the administering mechanisms. the degree of private sector involvement entity to audit and enforce user • To conduct outreach to increase envisioned. compliance. public awareness regarding the need for • Congestion mitigation impacts. To It is anticipated that up to $15 million alternative funding sources for surface the extent market forces or will be awarded during FY 2016 for transportation programs and to provide governmental incentives under the these three types of proposals, with information on possible approaches. mechanism might positively or larger awards for new demonstration • To provide recommendations negatively impact roadway congestion projects and extensions or regarding adoption and implementation or be used to leverage congestion enhancements of existing demonstration of user-based alternative revenue reduction strategies, those impacts projects, and smaller awards for pre- mechanisms. should be addressed in the proposal. demonstration activities. Projects • To minimize the administrative cost • Equity concerns (including impacts receiving awards for pre-demonstration of deploying any potential user-based on differing income groups, various activities in FY 2016 are not guaranteed alternative revenue mechanisms. geographic areas and relative burdens to receive future funding for • Minimize the administrative costs on rural and urban drivers). The demonstration activities. associated with the collection of fees. implementation of alternative user- B. Federal Award Information Though pilot projects of any size or based revenue mechanisms may alter scope may be proposed, the DOT is the distribution of cost burdens among Per section 6020 of the FAST Act, the most interested in funding larger scale different classes of users of the planned award type is a grant to a State pilots, rather than smaller scale proof of transportation system relative to those or group of States. concept projects, and in awarding funds imposed by current mechanisms for C. Eligibility Information to both single State and multi-State funding surface transportation. Those pilots. burdens could result from changes in 1. Eligible Applicants The purpose of the STSFA grants is the basis of assessing user fees (such as To be selected for an STSFA award, for a State or group of States to test the from fuel consumption to miles an applicant must be a State or group of

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States. However, in the case of a group Therefore, a minimum non-Federal cost Notice of Funding Opportunity Number of States, this solicitation requires that share of 50 percent is required. Cost cited herein. The applicant must a single State Department of sharing or matching means the portion complete and submit all forms included Transportation (State DOT) serve as the of project costs not paid by Federal in the application package for this lead agency for administering the funds. For a more complete definition, notice as contained at www.grants.gov. program funding through the Federal- please see the Uniform Administrative aid highway program. Another State Requirements, Cost Principles, and 2. Content and Form of Application agency or a State agency in a different Audit Requirements for Federal Awards Submission State (if the project involves a group of at part 200, title 2, Code of Federal The application must include the States) may be responsible for providing Regulations (2 CFR 200), including Standard Form (SF) 424 (Application for day-to-day project oversight. It is section 200.306 on cost sharing or expected that at all relevant State matching. Other Federal funds using the Federal Assistance), SF 424A (Budget agencies (e.g., Departments of Motor appropriate matching share may be Information for Non-Construction Vehicles, Departments of Revenue) leveraged for the deployment but cannot Programs), SF 424B (Assurances for needed to initiate a full-scale be considered as part of the STSFA Non-Construction Programs), Grants.gov deployment of the proposed revenue matching funds, unless otherwise Lobbying Form, cover page, and the mechanism will be actively involved in supported by statute. Project Narrative. The SFs are available the planning and operation of the online at http://www.grants.gov/web/ demonstration. D. Application and Submission grants/forms/sf-424-family.html. More Information 2. Cost Sharing or Matching detailed information about the cover 1. Address page and project narrative follows. Cost sharing or matching is required, with the maximum Federal share being Applicants may obtain application a. Cover Page Including the Following 50 percent of future eligible costs. forms at www.grants.gov under the Table

Project name

Previously Incurred Project Cost ...... $ Future Eligible Project Cost ...... $ Total Project Cost ...... $ STSFA Request ...... $ Total Federal Funding (including STSFA) ...... $ Are matching funds restricted to a specific project component? If so, which one? ...... Yes/No. State(s) in which the project is located Is the project currently programmed in the: Yes/No—please specify in which • Transportation Improvement Program (TIP) plans the project is currently pro- • Statewide Transportation Improvement Program (STIP) grammed. • Metropolitan Planning Organization (MPO) Long Range Transportation Plan • State Long Range Transportation Plan

b. Project Narrative narrative be prepared with standard (b) A description of how the entity formatting preferences (i.e., a single- will manage the program including The application must include spaced document, using a standard 12- project funding information required for the DOT to point font such as Times New Roman, determine that the project satisfies In the case of a group of States, with 1-inch margins). The project applicants should show evidence that a requirements described in sections A, B, narrative may not exceed 25 pages in and C and to assess the selection criteria memorandum of understanding, or length, excluding cover pages and table other organizational mechanism can be specified in section E.1. To the extent of contents. The only substantive practicable, applicants should provide executed in a reasonable timeframe after portions that may exceed the 25-page selection data and evidence of project merits in a limit are documents to support form that is verifiable or publicly (3) A description of the geographic assertions or conclusions made in the area or jurisdiction the deployment will available. The DOT may ask any ´ ´ project narrative, or resumes of key staff service. applicant to supplement data in its described in the project narrative. If (4) A description of any challenges in application, but expects applications to supporting documents are submitted, the regulatory, legislative, or be complete upon submission. applicants must clearly identify the institutional environments or other The DOT recommends that the project relevant portion of the project narrative obstacles to deployment. narrative adhere to the following basic that each supporting document supports outline of a project description, staffing within the project narrative. (5) A schedule for conducting the description, and funding description to demonstration and for completion of all clearly address the program c. Project Description proposed activities. requirements and make critical (1) An introduction that provides a (6) Criteria contained in FAST Act information readily apparent. In one to two-page summary of the section 6020(d) (see section A ‘‘Program addition to a detailed statement of work, proposed technology deployment(s). Description’’ that explains what a pilot detailed project schedule, and detailed (2) A description of the entity that project shall and may address). project budget, the project narrative will be entering into the agreement with d. Organizational Information should include a table of contents, FHWA including: maps, and graphics as appropriate to (a) Membership of any partnership or In addition to the forms, provide make the information easier to review. entity proposed to carry out the answers to the following organizational The DOT recommends that the project deployment; and information questions in a pdf format:

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(1) Identify any exceptions to the for convenience of the Government e.t., by May 20, 2016, which is the date anticipated award terms and conditions within the past 3 years, and any and time by which the FHWA must as contained in section F (Federal contract/agreement that was terminated receive the full and completed Award Administration Information). for default within the past 5 years. application, including all required Identify any preexisting intellectual Briefly explain the circumstances in sections. property that you anticipate using each instance. To submit an application through during award performance, and your (7) The applicant is directed to review Grants.gov, applicants must: position on its data rights during and 2 CFR 170 (http://www.ecfr.gov/cgi-bin/ (a) Obtain a DUNS number; after the award period of performance. text-idx?c=ecfr&tpl=/ecfrbrowse/ (b) Register with the SAM at (2) The use of a Dun and Bradstreet Title02/2cfr170_main_02.tpl), dated www.sam.gov; Data Universal Numbering System September 14, 2010, and Appendix A (c) Create a Grants.gov username and (DUNS) number is required on all thereto, and acknowledge in its password; and applications for Federal grants. Please application that it understands the (d) The E-business POC at the provide your organization’s DUNS requirement, has the necessary applicant’s organization must respond number in your budget application. processes and systems in place, and is to the registration email from Grants.gov (3) A statement to indicate whether prepared to fully comply with the and login to authorize the POC as an your organization has previously reporting described in the term if it Authorized Organization Representative completed an A–133 Single Audit and, receives funding resulting from this (AOR). Please note that there can only if so, the date that the last A–133 Single notice. The text of Appendix A will be be one AOR per organization. Audit was completed. incorporated in the award document as Please note that the Grants.gov (4) A statement regarding conflicts of a General Term and Condition as registration process usually takes 2–4 interest. The applicant must disclose in referenced under this notice’s section F weeks to complete and late applications writing any actual or potential personal (Federal Award Administration that are the result of failure to register or organizational conflict of interest in Information). or comply with Grants.gov applicant its application that describes in a (8) Disclose any violations of Federal requirements in a timely manner will concise manner all past, present or criminal law involving fraud, bribery, or not be considered. For information and planned organizational, contractual or gratuity violations. Failure to make instruction on each of these processes, other interest(s), which may affect the required disclosures can result in any of please see instructions at http:// applicants’ ability to perform the the remedies described in 2 CFR www.grants.gov/web/grants/applicants/ proposed project in an impartial and 200.338 (remedies for noncompliance, applicant-faqs.html. If interested parties objective manner. Actual or potential including suspension or debarment). experience difficulties at any point conflicts of interest may include but are (See also 2 CFR 180 and section 3321, during the registration or application not limited to any past, present or title 31, United States Code (31 U.S.C. process, please call the Grants.gov planned contractual, financial, or other 3321).) Customer Service Support Hotline at relationships, obligations, 800–518–4726, from 7:00 a.m. to 9:00 commitments, and responsibilities, c. Funding Description p.m., e.t., Monday through Friday. which may bias the applicant or affect Applications must include a the applicant’s ability to perform the 4. Consideration of Application breakdown of estimated costs across agreement in an impartial and objective project work areas or tasks, including an Only applicants who comply with all manner. The Agreement Officer (AO) identification of funding sources and submission deadlines described in this will review the statement(s) and may amounts. notice and submit applications through require additional relevant information Unique identifier and system for Grants.gov will be eligible for award. from the applicant. All such award (SAM). The applicant is required Applicants are strongly encouraged to information, and any other relevant to: (1) Be registered in SAM before make submissions in advance of the information known to DOT, will be used submitting its application; (2) provide a deadline. to determine whether an award to the valid unique entity identifier in its Applicants interested in applying are applicant may create an actual or application; and (3) continue to encouraged to email [email protected] no potential conflict of interest. If any such maintain an active SAM registration later than April 22, 2016, with applicant conflict of interest is found to exist, the with current information while it has an name, State in which project is located, AO may disqualify the applicant, or active Federal award, application, or approximate total project cost, amount determine that it is otherwise in the best plan under consideration by a Federal of the STSFA grant request, and a two interest of the United States to contract awarding agency. or three-sentence project description. with the applicant and include The Federal awarding agency may not The DOT seeks this early notification of appropriate provisions to mitigate or make a Federal award to an applicant interest to inform its allocation of avoid such conflict in the agreement until the applicant has complied with resources for application evaluations pursuant to 2 CFR 200.112. all applicable unique entity identifier and to facilitate timely and efficient (5) A statement to indicate whether a awards. Federal or State organization has and SAM requirements. If an applicant audited or reviewed the applicant’s has not fully complied with the 5. Late Applications accounting system, purchasing system, requirements by the time the Federal Applications received after the and/or property control system. If such awarding agency is ready to make a deadline will not be considered except systems have been reviewed, provide Federal award, it may determine that in the case of unforeseen technical summary information of the audit/ the applicant is not qualified and use difficulties outlined below. review results to include, as applicable, that determination as a basis for denial. 6. Late Application Policy the summary letter or agreement, date of Submission dates and times. audit/review, and Federal or State point Applicants experiencing technical 3. Deadline of contact (POC) for such review. issues with Grants.gov that are beyond (6) Terminated Contracts. List any Applications must be submitted the applicant’s control must contact contract/agreement that was terminated through www.grants.gov by 3:00 p.m., [email protected] prior to the application

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deadline with the user name of the • Expertise and qualifications of key DOT reserves the right to deny an award registrant and details of the technical personnel for managing or conducting based on the results of the risk issue experienced. The applicant must appropriate aspects of the proposed assessment. provide: technology deployment through the F. Federal Award Administration (a) Details of the technical issue period of performance. Information experienced; The FAST Act also requires DOT to (b) Screen capture(s) of the technical consider geographic diversity in making 1. Federal Award Notices issues experienced along with awards. Additionally, DOT is most Following the evaluation outlined in corresponding Grants.gov grant tracking interested in funding larger scale pilots, section E, the DOT will notify the number; rather than smaller scale proof of selected applicants and announce the (c) The legal business name for the concept projects, and awarding funds to selected projects. Notice that an applicant that was provided in the SF both single State and multi-State pilots. applicant has been selected as a 424; (d) The AOR name submitted in the 2. Review and Selection Process recipient does not constitute approval of SF 424; The DOT will review all eligible the application as submitted. Before the (e) The DUNS number associated with applications received before the award, the DOT will contact the POC the application; and application deadline. The STSFA listed in the SF 424 to initiate (f) The Grants.gov Help Desk Tracking process consists of a technical negotiation of a project specific Number. evaluation phase and senior review. In agreement. If the negotiations do not To ensure a fair competition of the technical evaluation phase, teams result in an acceptable submittal, the limited discretionary funds, the will determine whether each project DOT reserves the right to terminate the following conditions are not valid satisfies statutory requirements and rate negotiation and decline to fund the reasons to permit late submissions: (1) how well it addresses selection criteria. applicant. Failure to complete the registration The senior review team will consider 2. Administrative and National Policy process before the deadline; (2) failure the applications and the technical Requirements to follow Grants.gov instructions on evaluations to determine which projects how to register and apply as posted on advance to the Secretary for All awards will be administered its Web site; (3) failure to follow all of consideration. Evaluations in both the pursuant to the Uniform Administrative the instructions in this notice; and (4) technical evaluation and senior review Requirements, Cost Principles and technical issues experienced with the team phases will place projects into Audit Requirements for Federal Awards applicant’s computer or information rating categories, not assign numerical found in 2 CFR 200, as adopted by DOT technology environment. After DOT scores. The Secretary will select the at 2 CFR 1201. Applicable Federal laws, staff review all information submitted projects for award. The DOT reserves rules, and regulations set forth in 23 and validate reported technical issues, the right to use outside expertise and/ U.S.C. and 23 CFR also apply. For a list DOT staff will contact late applicants to or contractor support to perform of the applicable laws, rules, approve or deny a request to submit a application evaluation. A panel of regulations, executive orders, polices, late application. If the reported Agency experts will conduct a risk guidelines, and requirements related to technical issues cannot be validated, assessment of the applicant prior to STSFA projects, please see http:// late applications will be rejected as award. www.fhwa.dot.gov/aaa/ untimely. The DOT will award the applications generaltermsconditions.cfm. that are considered the most 3. Reporting E. Application Review Information advantageous using the criteria cited 1. Criteria above, subject to the results of an a. Progress Reporting on Grant Activity Each applicant selected for an STSFA The DOT will evaluate applications applicant’s risk assessment. In addition, grant must submit the Federal Financial based on the following criteria, which per Sec. 6020 (e) of the FAST Act, the Report (SF 425) on the financial are of equal importance. DOT shall ensure, to the extent Technical Merit Criteria: practicable, that grant recipients condition of the project and its progress, • Alignment with program represent diverse geographic areas of the and an Annual Budget Review and requirements. United States. Program Plan to monitor the use of Federal funds and ensure accountability • Reasonableness that the 3. Other Information demonstration could lead to a viable and financial transparency. alternative revenue mechanism. Prior to award, each selected applicant will be subject to a risk b. Reporting of Matters Related to • Maturity or readiness of the Integrity and Performance technology to demonstrate the proposed assessment required by 2 CFR 200.205. alternative revenue mechanism. The DOT must review and consider any If the total value of a selected • Ability of the applicant to deploy information about the applicant in the applicant’s currently active grants, and sustain the proposed designated integrity and performance cooperative agreements, and demonstration. system that is accessible through SAM procurement contracts from all Federal • Scalability or portability of the (currently the Federal Awardee awarding agencies exceeds $10 million proposed demonstration mechanism to Performance and Integrity Information at any time during the period of other jurisdictions. System (FAPIIS)). An applicant may performance, then the applicant must • Clarity, quality, and completeness review information in FAPIIS and maintain the currency of SAM and of the proposal. comment on any information about FAPIIS information about civil, Staffing Criteria: itself. The DOT will consider comments criminal, or administrative proceedings • Degree that the Application by the applicant, in addition to the other described in paragraph 2 of the award includes a program/project management information in FAPIIS, in making a terms and conditions. This is a statutory structure or organization that will judgment about the applicant’s integrity, requirement under section 872 of Public successfully oversee the proposed business ethics, and record of Law 110–417, as amended (41 U.S.C. technology deployment. performance under Federal awards. The 2313). As required by section 3010 of

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Public Law 111–212, all information 0006 by July 1, 2016. To the extent Transportation Act’’ (FAST Act). That posted in the designated integrity and practicable, FHWA will consider late- section extends the expiration date of performance system on or after April 15, filed comments. hours-of-service (HOS) exemptions in 2011, except past performance reviews effect on the date of enactment of the 2. Protection of Confidential Business required for Federal procurement Information FAST Act to 5 years from the date of contracts, will be publicly available. issuance of the exemptions. The OTA To the extent practicable, all exemption from the Agency’s 30-minute c. Reporting to the Secretary information submitted as part of or in rest break requirement is limited to Per section 6020(h) of the FAST Act, support of any application shall use commercial motor vehicle (CMV) not later than 1 year after the date on publicly available data or data that can drivers engaged in transporting timber which the first eligible entity receives be made public and methodologies that from Oregon forestlands, and further an STSFA grant, and each year are accepted by industry practice and limited to periods of the year in which thereafter, every recipient shall submit a standards. If the application includes the Oregon Department of Forestry report to the Secretary that describes: information the applicant considers to (ODF) has formally restricted logging (1) How the demonstration activities be a trade secret or confidential operations to certain hours of the day carried out with grant funds meet the commercial or financial information, the due to an elevated risk of forest fire. The objectives of the STSFA program; and applicant should do the following: (1) Agency previously determined that the (2) Lessons learned for future Note on the front cover that the CMV operations of OTA timber deployment of alternative revenue submission ‘‘Contains Confidential transporters under this exemption mechanisms that utilize a user fee Business Information (CBI);’’ (2) mark would likely achieve a level of safety structure. each affected page ‘‘CBI;’’ and (3) equivalent to or greater than the level of highlight or otherwise denote the CBI G. Federal Awarding Agency Contacts safety that would be obtained in the portions. The DOT protects such absence of the exemption. For further information or questions information from disclosure to the DATES: This limited exemption is concerning this notice, please contact extent allowed under applicable law. In the event DOT receives a Freedom of effective from March 18, 2015, through the FHWA via email at [email protected]. March 18, 2020. For questions about the STSFA program Information Act (FOIA) request, it will discussed herein, contact Mr. Robert follow the procedures described in its SUPPLEMENTARY INFORMATION: Arnold, Director, FHWA Office of FOIA regulations at 49 CFR 7.17. Only Legal Basis Transportation Management, telephone information that is ultimately FMCSA has authority under 49 U.S.C. 202–366–1285, or via email at determined to be confidential under that 31136(e) and 31315 to grant exemptions [email protected]. A TDD is procedure will be exempt from from certain parts of the Federal Motor available at 202–366–3993. disclosure under FOIA. Carrier Safety Regulations. FMCSA must Additionally, the DOT will regularly Authority: Section 6020 of the Fixing publish a notice of each exemption post answers to questions, requests for America’s Surface Transportation Act (FAST request in the Federal Register [49 CFR clarification, and information about Act) (Pub. L. 114–94). 381.315(a)]. Webinars for further guidance at Issued on: March 23, 2016. Section 5206(b)(2)(A) of the FAST Act http://www.grants.gov/. Gregory G. Nadeau, requires FMCSA to extend any H. Other Information Administrator, Federal Highway exemption from any provision of the Administration. HOS regulations under 49 CFR part 395 1. Public Comment [FR Doc. 2016–07045 Filed 3–28–16; 8:45 am] that was in effect on the date of The STSFA program is funded BILLING CODE 4910–22–P enactment of the Act to a period of 5 through FY 2020. This notice solicits years from the date the exemption was applications for FY 2016 only. Because granted. The exemption may be this is the first year implementing the DEPARTMENT OF TRANSPORTATION renewed. Because this action merely STSFA program, FHWA invites implements a statutory mandate that Federal Motor Carrier Safety interested parties to submit comments took effect on the date of enactment of Administration about this notice’s contents, the FAST Act, notice and comment are implementation choices within the legal [Docket No. FMCSA–2013–0451] not required. bounds of the program, and suggestions for clarification in future STSFA Hours of Service of Drivers: Oregon OTA Exemption solicitations. The FHWA seeks input on Trucking Associations (OTA) The OTA, a trade association, applied whether the information requested in Exemption; FAST Act Extension of for a limited exemption from the applications is reasonable and clear and Compliance Date mandatory rest break requirement of 49 if additional merit criteria should be AGENCY: Federal Motor Carrier Safety CFR 395.3(a)(3)(ii) on behalf of all motor considered. The FHWA may consider Administration (FMCSA), DOT. carriers and drivers who operate CMVs the submitted comments and to transport logs in interstate commerce ACTION: Notice of final determination; suggestions when developing extension of existing exemption date. from Oregon forestlands. subsequent STSFA notices and program FMCSA reviewed OTA’s application guidance, but they will not affect the SUMMARY: FMCSA announces the and the public comments and program’s evaluation and selection extension of the exemption granted to concluded that limiting the timber process for FY 2016 awards. the Oregon Trucking Associations operations of these CMV drivers to a Applications or comments about (OTA) on March 18, 2015, for certain fixed 12-hour window would promote specific projects should not be timber operations in Oregon. The safety at least as effectively as the 30- submitted to the docket. Any Agency extends the expiration date from minute break. These drivers operate like application submitted to the document March 18, 2017 to March 18, 2020 in certain short-haul drivers, who are will not be reviewed. Comments should response to section 5206(b)(2)(A) of the already permitted to follow a 12-hour be sent to Docket Number FHWA–2016– ‘‘Fixing America’s Surface duty period, during which they are

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exempt from the break requirement. A Catalog of Federal Domestic Assistance should initiate the process by registering Notice of Final Determination granting (CFDA) Number: 20.514 on the GRANTS.GOV Web site promptly the OTA exemption was published on ACTION: Notice of funding opportunity to ensure completion of the application March 18, 2015 [80 FR 14227]. (NOFO): solicitation of project proposals process before the submission deadline. The substance of the exemption is not for Rides to Wellness Demonstration Instructions for applying can be found affected by this extension. The and Innovative Coordinated Access and on FTA’s Web site at http:// exemption covers only the 30-minute Mobility Grants. www.fta.dot.gov/grants/15066.html and break requirement [49 CFR in the ‘‘FIND’’ module of 395.3(a)(3)(ii)]. The exemption is SUMMARY: The Federal Transit GRANTS.GOV. Mail and fax restricted to drivers operating CMVs Administration (FTA) announces the submissions will not be accepted. engaged in interstate logging originating availability of approximately $5.3 million of funding from two programs to FOR FURTHER INFORMATION CONTACT: in Oregon forestlands during periods in Danielle Nelson, FTA Office of Program support the Rides to Wellness which the Oregon Department of Management, 202–366–2160, or Demonstration and Innovative Forestry (ODOF) imposes Industrial Fire [email protected]. Precaution Level 3 (IPFL3) on those Coordinated Access and Mobility Grants lands, restricting the transportation of (R2W Demonstration Grants). The Table Of Contents funding sources are: Section 3006(b) of logs to certain hours of the day because A. Program Description of an elevated risk of forest fire.1 Drivers the Fixing America’s Surface B. Federal Award Information operating under this exemption must be Transportation Act (FAST), Pub. L. 114– C. Eligibility Information released from duty no more than 12 94, which authorizes a pilot program for D. Application and Submission Information consecutive hours after the time they innovative coordinated access and E. Application Review Information come on duty following 10 consecutive mobility; and 49 U.S.C. 5312 (Section F. Federal Award Administration hours off duty. They must maintain a 5312). G. Federal Awarding Agency Contact The goal of the competitive R2W record of duty status (‘‘log book’’) for the A. Program Description Demonstration Grants is to find and test days on which they travel outside a 100 promising, replicable public FTA announces the availability of air-mile radius of their normal work transportation healthcare access funding from two programs to support reporting location. If an individual solutions that support the following the R2W Demonstration Grants. The chose to forego this short-haul goals: increased access to care, funding sources are: Section 3006(b) of exemption either by travelling outside improved health outcomes and reduced the FAST Act, which authorizes a pilot the 100 air-miles or by working a 14 healthcare costs. Eligible applicants program for innovative coordinated hour day instead of the 12 hours include: States, Tribes, and Designated access and mobility; and the 49 U.S.C. required by the exemption, he or she or Direct Recipients for funds under 49 5312 Research Program. would be required to maintain a logbook U.S.C. 5307, 5310 or 5311. Proposers Current changes in the healthcare for that day and also to comply with the must serve as the lead agency of a local industry, from the passage of the 30-minute rest break provision. consortium that includes stakeholders Affordable Care Act to the increasing The FMCSA does not believe the from the transportation, healthcare, focus on preventive care, present an safety record of any driver operating human service or other sectors. opportunity for public transportation to under this exemption will deteriorate. Members of this consortium are eligible address transportation-related However, should deterioration in safety as subrecipients. Further, proposers challenges to reduce healthcare costs, occur, FMCSA will take all steps must demonstrate that the proposed increase access to care and improve necessary to protect the public interest, project was planned through an health outcomes for people. The including revocation of the exemption. inclusive process with the involvement healthcare industry’s increasing focus The FMCSA has the authority to of the transportation, healthcare and on prevention and other improvements terminate the exemption at any time the human service industries. Eligible to the effectiveness and efficiency of Agency has the data/information to projects must have implementation- care has resulted in an increased conclude that safety is being ready capital and operating projects that understanding of the value of compromised. enhance access, such as: mobility partnerships between health and Issued on: March 23, 2016. management; health and transportation transportation. T. F. Scott Darling, III, provider partnerships; technology; and R2W Demonstration Grants are part of Acting Administrator. other actions that drive change. These a series of activities to support FTA’s [FR Doc. 2016–07041 Filed 3–28–16; 8:45 am] R2W Demonstration Grants will develop Rides to Wellness Program (R2W best practice solutions that other Program). The R2W Program seeks to BILLING CODE 4910–EX–P communities can replicate. address challenges for the transportation This announcement is available on disadvantaged in getting access to DEPARTMENT OF TRANSPORTATION the FTA Web site at: http:// healthcare, such as getting to the doctor, www.fta.dot.gov/legislation_law/ returning home from a hospital Federal Transit Administration federal_register_notices.php. A synopsis procedure; getting to rehabilitation of this funding opportunity will be services; getting to behavioral health Rides to Wellness Demonstration and posted in the FIND module of the services; getting to the pharmacy; and Innovative Coordinated Access and government-wide electronic grants Web getting to free health screenings. Across Mobility Grants site at http://www.GRANTS.GOV. FTA the country, communities are will announce final selections on the AGENCY: Federal Transit Administration experimenting with ways to overcome (FTA), DOT. FTA Web site and may also announce barriers to these essential services by Funding Opportunity Number: FTA– selections in the Federal Register. leveraging partnerships across 2015–012–TPM–RTW DATES: Complete proposals must be transportation, health, and wellness submitted electronically through the providers. 1 Neither IFPL 1 nor IFPL 2 restricts the GRANTS.GOV ‘‘APPLY’’ function by Through the R2W Demonstration transportation of timber. May 31, 2016. Prospective applicants Grants, FTA will fund projects with

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strategies that enhance access, such as • Approximately $2 million in fiscal amount originally requested. In those mobility management, health and year (FY) 2016 funds under Section cases, applicants must be able to transportation provider partnerships, 3006(b) of the FAST Act, which demonstrate that the proposed projects technology, and other actions that drive authorizes a pilot program for are still viable and can be completed change. For historically disadvantaged innovative coordinated access and with the amount awarded. populations, there are many challenges mobility. Type of Award: Competitive Grants. to maintaining optimal health. Through • Approximately $3.3 million in FY Estimated Available Funds: community partnerships that break 2015 funds for research projects under $5,300,000. Contingent upon the down industry silos, leverage existing Section 5312, authorized by the Moving availability of funds and the quality of resources, enhance mobility for targeted Ahead for Progress in the 21st Century applications, FTA may make additional groups, and develop a person-centric Act (MAP 21), Public Law 112–141. awards in FY 2016 if additional model, these projects will provide Section 3006(b) of the FAST Act resources become available. ladders of opportunity that improve the authorizes a pilot program for There is no minimum or maximum health of our citizens. innovative coordinated access and grant award amount; however, FTA The goals of the R2W Program are to: mobility. Under this program, the intends to fund as many meritorious projects as possible at funding levels 1. Increase access to care; Secretary may make grants to eligible 2. Improve health outcomes; and recipients to assist in financing necessary to conduct meaningful pilot 3. Reduce healthcare costs. innovative projects for the testing. transportation disadvantaged that To support these goals, the R2W C. Eligibility Information improve the coordination of Demonstration Grants will: transportation services and non- 1. Eligible Applicants 1. Develop replicable, innovative, emergency medical transportation Eligible proposers for awards must be: sustainable solutions to healthcare access services, including: challenges. i. States, Tribes, Designated or Direct 2. Foster local partnerships between (A) The deployment of coordination Recipients under 49 U.S.C. 5307, 5310 health, transportation, home and community- technology; or 5311. based services and other sectors to (B) Projects that create or increase access Proposers must serve as the lead collaboratively develop and support to community One-Call/One-Click Centers, agency of a local consortium that solutions that increase healthcare access. and; includes stakeholders from the 3. Demonstrate the impacts of (C) Such other projects as determined appropriate by the Secretary. transportation, healthcare, human transportation solutions on improved access service or other sectors. Members of this to healthcare and health outcomes and 49 U.S.C. 5312, as amended by MAP– consortium are eligible as subrecipients. reduced costs to the healthcare and 21 and continued in the FAST Act, transportation sectors. Further, proposers must demonstrate authorizes research, development, that the proposed project was planned Building upon previous planning demonstration and deployment projects. through an inclusive process with the activities and private or federally Through this program, FTA may make involvement of the transportation, funded research activities, R2W grants, or enter into contracts, healthcare and human service Demonstration Grants will be awarded cooperative agreements and other industries. An implementation plan and to communities ready to implement a agreements for research, development, schedule must be submitted as part of public transportation healthcare access demonstration and deployment projects, the proposal. solution. and evaluation of research and FTA’s goal for these demonstration technology of national significance to 2. Cost Sharing or Matching grants is to select and test promising public transportation that the Secretary The federal share of project costs for transportation healthcare access of Transportation determines will R2W Demonstration Grants is 80%, with solutions that other communities can improve public transportation. A the applicant providing a local share of replicate. It is expected that successful demonstration and deployment project 20% of the net project cost and projects will work collaboratively and that receives assistance under this documenting the source of the local leverage partnerships among Federal section must seek to build on successful match in the grant application. agencies of the Coordinating Council on research, innovation, and development The local match may include: Access and Mobility (CCAM), including efforts to facilitate: i. Cash from non-governmental the Department of Health and Human (A) The deployment of research and sources other than revenues from Services’ operating divisions such as the technology development resulting from providing public transportation Administration for Community Living, private efforts or Federally funded efforts, services; the Health Resources and Services and; ii. Non-farebox revenues from the Administration, and the Centers for (B) The implementation of research and operation of public transportation Medicare and Medicaid Services. technology development to advance the service, such as the sale of advertising Partnerships that cross health and interests of public transportation. and concession revenues. A voluntary transportation sectors facilitate better This notice includes priorities or mandatory fee that a college, health for communities through established by FTA for these university, or similar institution increased access to health/wellness competitive funds, criteria FTA will use imposes on all its students for free or services through transportation. The to identify meritorious projects for discounted transit service is not farebox R2W Demonstration Grants will operate funding, and the process to apply for revenue; as pilots for up to eighteen (18) months. funding. iii. Amounts received under a service Within the first year, projects must be agreement with a State or local social able to demonstrate impacts related to B. Federal Award Information service agency or private social service the goals of R2W: Increased access to Only proposals from eligible organization; care, improved health outcomes, and recipients for eligible activities will be iv. Undistributed cash surpluses, reduced healthcare costs. considered for funding. Due to funding replacement or depreciation cash funds, This notice solicits proposals for limitations, proposers that are selected reserves available in cash, or new funding under two programs: for funding may receive less than the capital;

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v. Amounts appropriated or otherwise Proposers must use the supplemental may be requested in varying degrees of made available to a department or form designated for the R2W Pilot detail on both the SF 424 form and agency of the Federal Government program and attach it to their supplemental form. Proposers must fill (other than the U.S. Department of submission in GRANTS.GOV to in all fields unless stated otherwise on Transportation); successfully complete the application the forms. Proposers should use both vi. In-kind contribution such as the process. A proposal submission may the ‘‘Check Package for Errors’’ and the market value of in-kind contributions contain additional supporting ‘‘Validate Form’’ validation buttons on integral to the project may be counted documentation as attachments. both forms to check all required fields as a contribution toward local share; Within 24–48 hours after submitting on the forms, and ensure that the federal and an electronic application, the applicant and local amounts specified are vii. Value capture revenue (revenue should receive three email messages consistent. generated from value capture financing from GRANTS.GOV: (1) Confirmation of mechanisms). successful transmission to 1. Address To Request Application Package 3. Other GRANTS.GOV, (2) confirmation of successful validation by GRANTS.GOV To request a paper copy of the Eligible projects under this program and (3) confirmation of successful application materials for this program, are implementation-ready capital and validation by FTA. If confirmations of contact Danielle Nelson, Federal Transit operating projects that enhance public successful validation are not received Administration, phone: (202) 366–2160, transportation access such as: Mobility and a notice of failed validation or fax: (202) 366–3475, or email: management; health and transportation incomplete materials is received, the [email protected]. A TDD is provider service partnerships; applicant must address the reason for available at 1–800–877–8339 technology; and other activities. These the failed validation, as described in the (TDDFIRS). demonstration grants are meant to build email notice, and resubmit before the upon previous private or federally submission deadline. If making a 2. Content and Form of Application funded efforts such as: projects resubmission for any reason, include all Submission developed through the National Center original attachments regardless of which For complete and up to date guidance for Mobility Management’s Healthcare attachments were updated and check on the project information and project Access Mobility Design Challenge; the the box on the supplemental form evaluation criteria that must be Administration for Community Living’s indicating this is a resubmission. documented, refer to the Rides to Inclusive Coordinated Transportation Complete instructions on the Wellness Demonstration and Innovative Project, Round 2; the Veterans application process can be found at Coordinated Access and Mobility Grants Transportation and Community Living http://www.fta.dot.gov/about/ program on the FTA Web site: http:// Initiative (VTCLI); the Mobility Services 15035.html. Important: FTA urges www.fta.dot.gov/grants/13077.html. for All Americans (MSAA) Initiative; or proposers to submit their applications at At a minimum, every proposal must: similar efforts. FTA’s goal for these least 72 hours prior to the due date to • Submit an SF–424 with the correct demonstration grants is to identify and allow time to receive the validation supplemental form attached. test promising healthcare access messages and to correct any problems • Submit the supplemental form that solutions that other communities can that may have caused a rejection clearly shows how the proposed project replicate. notification. FTA will not accept will meet FTA’s goal to find and test submissions after the stated submission promising public transportation D. Application And Submission deadline. GRANTS.GOV scheduled healthcare access solutions that other Information maintenance and outage times are communities can replicate. All proposals must be submitted announced on the GRANTS.GOV Web • Include all relevant letters of electronically through the site at http://www.GRANTS.GOV. commitment or support (these will not GRANTS.GOV APPLY function. Any Deadlines will not be extended due to count against the page limit for the agency intending to apply should scheduled maintenance or outages. solicitation response). initiate the process of registering on the Proposers are encouraged to begin the • Provide a project timeline, GRANTS.GOV site immediately to process of registration on the including significant milestones. ensure completion of registration before GRANTS.GOV site well in advance of • Provide Congressional district the submission deadline. Instructions the submission deadline. Registration is information for the project’s place of for applying can be found on FTA’s Web a multi-step process, which may take performance. site at http:/www.fta.dot.govbus, and in several weeks to complete before an the ‘‘FIND’’ module of GRANTS.GOV. application can be submitted. Registered 3. Unique Entity Identifier and System A complete proposal submission will proposers may still be required to take for Award Management (SAM) consist of at least two files: (1) The SF steps to keep their registration up to Each applicant (unless the applicant 424 Mandatory form (downloaded from date before submissions can be made is an individual or Federal awarding GRANTS.GOV); and (2) the Applicant successfully: (1) Registration in the agency that is excepted from those and Proposal Profile supplemental form System for Award Management (SAM) requirements under 2 CFR 25.110(b) or for R2W Pilot program (supplemental is renewed annually and (2) persons (c), or has an exception approved by the form) found on the FTA Web site at making submissions on behalf of the Federal awarding agency under 2 CFR http://www.fta.dot.gov/grants/ Authorized Organization Representative 25.110(d)) is required to: (i) Be 15926.html. The supplemental form (AOR) must be authorized in registered in SAM before submitting its provides guidance and a consistent GRANTS.GOV by the AOR to make application; (ii) provide a valid unique format for proposers to respond to the submissions. Instructions on the entity identifier in its application; and criteria outlined in this Notice of GRANTS.GOV registration process are (iii) continue to maintain an active SAM Funding Opportunity. Once completed, listed in Appendix A. registration with current information at the supplemental form and business Information such as proposer name, all times during which it has an active plan must be placed in the attachments Federal amount requested, local match grant or an application or plan under section of the SF 424 Mandatory form. amount, description of areas served, etc. consideration. FTA may not make an

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award to an applicant until the i. Demonstration of Need iv. Local Financial Commitment applicant has complied with all FTA will evaluate proposals on the Applicants must identify the source of applicable unique entity identifier and scale of the local healthcare access SAM requirements. If an applicant has the local share and describe whether challenge addressed through the project. such funds are currently available for not fully complied with the Both the scope of the overall challenge, requirements by the time FTA is ready the project or will need to be secured if as well as the size of the specific the project is selected for funding. FTA to make a Federal award, the FTA may segment of the population served by the determine that the applicant is not will consider the availability of the local proposed project will also be share as evidence of local financial qualified to receive a Federal award and considered. use that determination as a basis for commitment to the project. In addition, making a Federal award to another ii. Demonstration of Benefits an applicant may propose a local share applicant. FTA will evaluate proposals on the that is greater than the minimum requirement or provide documentation 4. Submission Dates and Times basis of the benefits from the proposed project. Benefits will be tied to the R2W of previous local investment in the Project proposals must be submitted Program’s goals of increased access to project as evidence of local financial electronically through http:// care; improved health outcomes; and commitment. www.GRANTS.GOV by 11:59 p.m. reduced healthcare costs. Benefits v. Project Readiness E.D.T. on May 31, 2016. Mail and fax identified in the proposals will be submissions will not be accepted. evaluated at both the individual level, FTA will evaluate the project on the 5. Intergovernmental Review—Not and that of the local health and proposed schedule and the consortium’s Applicable transportation providers. Proposals will ability to implement it. Proposers be judged on the extent to which the should indicate the short-term, mid- 6. Funding Restrictions proposed project demonstrates a benefit range and long-term goals for the Eligible expenditures include capital to the healthcare access challenge project. Proposers also should provide a and operating expenses such as mobility demonstrated above. Projects will be description of how the project will help management activities, equipment, evaluated on the ability of the proposed the transportation disadvantaged and software and information systems; as project to yield data demonstrating improve the coordination of well as the acquisition of services as impacts on the goals of FTA’s transportation services and non- part of a pilot demonstration. R2WProgram: To increase access to care, emergency medical transportation The FTA will issue specific guidance improve health outcomes and reduce services, such as—the deployment of to recipients regarding pre-award healthcare costs. Proposals must show coordination technology; projects that authority at the time of selection. The an ability to provide impactful data create or increase access to community FTA does not provide pre-award during and at the conclusion of the pilot One-Call/One-Click Centers; mobility authority for competitive funds until project. Applicants need to be aware management; etc. Proposals should projects are selected and even then there that if chosen for award, an independent provide specific performance measures are Federal requirements that must be evaluation of the demonstration grant the eligible project will use to quantify met before costs are incurred. For more may occur at various points in the actual outcomes against expected information about FTA’s policy on pre- deployment process and at the end of outcomes. FTA will evaluate the project award authority, please see the FY 2016 the pilot project. on the extent to which it was developed Apportionment Notice published on iii. Planning and Partnership inclusively, incorporating meaningful February 16, 2016. http:// involvement from key stakeholders Proposers must provide a description www.fta.dot.gov/grants/12853.html. including consumer representatives of of the eligible project and outline the target groups and providers from the 7. Other Submission Requirements project partners and their specific role healthcare, transportation and human in the project—including private Project proposals must be submitted service sectors, among others. entities and nonprofit entities involved electronically through http:// Significant, ongoing involvement of the in the coordination of nonemergency www.GRANTS.GOV by 11:59 p.m. intended target population of the medical transportation services for the E.D.T. on May 31, 2016. Mail and fax intervention must be shown. transportation disadvantaged. Include a submissions will not be accepted. description of how the eligible project vi. Technical, Legal and Financial E. Application Review Information would improve local coordination, or Capacity access to coordinated transportation 1. Project Evaluation Criteria service; reduce duplication of service, if FTA will evaluate proposals on the FTA will evaluate proposals applicable; and provide innovative capacity of the lead agency and any submitted according to the following solutions in the State and/or partners to successfully execute the criteria: (i.) Demonstration of need; (ii.) community. Proposers should provide pilot effort. There should be no demonstration of benefits; (iii.) planning evidence of strong commitment from outstanding legal, technical, or financial and partnership; (iv.) local financial key partners, including letters of issues with the proposer that would commitment; (v.) project readiness; and support from relevant local make this a high-risk project. FTA will (vi.) technical, legal and financial stakeholders. An eligible recipient may evaluate each proposal (including the capacity. Each proposer is encouraged submit an application in partnership business plan, financial projections, and to demonstrate the responsiveness of a with other entities that intend to other relevant data) for feasibility and project to any and all criteria with the participate in the implementation of the longer-term sustainability of both the most relevant information that the project. Applicants are advised that any pilot project as well as the proposed proposer can provide, regardless of changes to the proposed partnership project at full deployment. It is FTA’s whether such information has been will require FTA advance approval, and intent to select projects with a high specifically requested, or identified in would need to be consistent with the likelihood of long-term success and this notice. scope of the approved project. sustainability.

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2. Review and Selection Process CFR part 200, Section 200.320, sub DEPARTMENT OF TRANSPORTATION In addition to other FTA staff that paragraph (f)). When included, the may review the proposals, an inter- application, budget and budget narrative Federal Transit Administration agency technical evaluation committee should provide a clear understanding of FY16 Competitive Funding with membership from one or more how the selection of these organizations Opportunity: Grants for Buses and Bus agencies of the Coordinating Council on is critical for the project and of Facilities and Low or No Emission Access and Mobility may review sufficient detail to understand the costs Grant Programs; 5339(b) Grants for proposals under the project evaluation involved. Buses and Bus Facilities Program and criteria. Members of the technical 5339(c) Low or No Emission Program evaluation committee and other iii. Planning Federal Transit Administration involved FTA staff reserve the right to The FTA encourages proposers to AGENCY: (FTA), DOT. screen and rate the applications engage the appropriate State received and to seek clarification from Departments of Transportation, Regional ACTION: Notice of Funding Opportunity any applicant about any statement in its (NOFO). Transportation Planning Organizations, application that FTA finds ambiguous and/or request additional or Metropolitan Planning Organizations SUMMARY: The Federal Transit documentation to be considered during in areas likely to be served by the Administration (FTA) announces the the evaluation process to clarify project funds made available under this availability of approximately $211 information contained within the programs. million of Fiscal Year (FY) 2016 funds for the Section 5339(b) Grants for Buses proposal. iv. Standard Assurances After consideration of the ratings of and Bus Facilities Competitive Grant the technical evaluation, the FTA will The applicant assures that it will Program (Bus Program) and determine the final selection and comply with all applicable Federal approximately $55 million for 5339(c) Low or No Emission Bus Competitive amount of funding for each project. statutes, regulations, executive orders, Grant Program (Low-No Program). Geographic diversity and the applicant’s FTA circulars, and other Federal Funds awarded for the Bus Program will receipt of other Federal funding may be administrative requirements in carrying considered in FTA’s award decisions. finance capital projects to replace, out any project supported by the FTA rehabilitate, purchase or lease buses and FTA may provide reduced funding or grant. The applicant acknowledges that fund only part of an application. related equipment and to rehabilitate, it is under a continuing obligation to purchase, construct or lease bus-related F. Federal Award Administration comply with the terms and conditions facilities, including programs of bus and Information of the grant agreement issued for its bus-related projects for subrecipients 1. Federal Award Notices project with FTA. The applicant that are public agencies, private understands that Federal laws, companies engaged in public FTA may publish awards in a Federal regulations, policies, and administrative transportation, or private non-profit Register Notice and on the FTA public practices might be modified from time organizations. Funds awarded for the Web site. to time and may affect the Low-No Program will finance the 2. Administrative and National Policy implementation of the project. The purchase or lease of low or no emission Requirements applicant agrees that the most recent vehicles that use advanced technologies, i. Pre-Award Authority Federal requirements will apply to the including related equipment or project, unless FTA issues a written facilities, for transit revenue operations. The FTA will issue specific guidance determination otherwise. The applicant Projects may include costs incidental to to recipients regarding pre-award must submit the Certifications and the acquisition of buses or to the authority at the time of selection. The Assurances before receiving a grant if it construction of facilities, such as the FTA does not provide pre-award costs of related workforce development authority for competitive funds until does not have current certifications on file. and training activities, and project projects are selected and even then there development. FTA may award are Federal requirements that must be 3. Reporting additional funding that is made met before costs are incurred. For more available to the program prior to the information about FTA’s policy on pre- Post-award reporting requirements announcement of project selections. award authority, please see the FY 2016 include submission of Federal Financial Complete proposals must be Apportionment Notice published on DATES: Reports and Milestone Reports in FTA’s submitted electronically through the February 16, 2016. http:// electronic grants management system. GRANTS.GOV ‘‘APPLY’’ function by www.fta.dot.gov/grants/12853.html. G. Federal Awarding Agency Contact May 13, 2016. Prospective applicants ii. Grant Requirements should initiate the process by registering If selected, awardees will apply for a For questions about applying for the on the GRANTS.GOV Web site promptly grant through FTA’s electronic grant programs outlined in this notice, please to ensure completion of the application management system and adhere to the contact Danielle Nelson, Federal Transit process before the submission deadline. customary FTA grant requirements. All Administration, phone: (202) 366–2160, Instructions for applying can be found competitive grants, regardless of award fax: (202) 366–3475, or email, on FTA’s Web site at http:// amount, will be subject to the [email protected]. A TDD is transit.dot.gov/howtoapply and in the congressional notification and release available at 1–800–877–8339 ‘‘FIND’’ module of GRANTS.GOV. Mail process. The FTA emphasizes that third- (TDDFIRS). and fax submissions will not be party procurement applies to all funding accepted. Ellen Partridge, awards, as described in FTA.C.4220.1F. FOR FURTHER INFORMATION CONTACT: For However, FTA may approve Chief Counsel. the Bus Program, contact Sam Snead, applications that include a specifically [FR Doc. 2016–07008 Filed 3–28–16; 8:45 am] FTA Office of Program Management, identified partnering organization(s) (2 BILLING CODE P 202–366–1089, or samuel.snead@

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dot.gov. For the Low-No Program, 2. The Low or No Emission Bus (Low- C. Eligibility Information contact Tara Clark, same office, 202– No) Program 1. Bus Program Eligibility 366–2623, or [email protected]. Section 5339(c) of Title 49, United SUPPLEMENTARY INFORMATION: i. Eligible Applicants States Code, as established by Section Table Of Contents 3017 of the FAST Act, authorizes FTA Eligible applicants include direct recipients of FTA grants under the to award grants for low or no emission A. Program Description Section 5307 Urbanized Area Formula buses through a competitive process, as 1. 5339(b) Bus and Bus Facilities program, States, and Indian Tribes. Competitive Program described in this notice. The Low or No 2. 5339(c) Low or No Emission Program Except for projects proposed by Indian Emission Bus Program (Low-No Tribes, proposals for projects in rural B. Federal Award Information Program) provides funding to State and 1. 5339(b) Bus and Bus Facilities (non-urbanized) areas must be Competitive Program local governmental authorities for the submitted as part of a consolidated State 2. 5339(c) Low or No Emission Program purchase or lease of zero-emission and proposal. States and other eligible C. Eligibility Information low-emission transit buses, including applicants may also submit 1. 5339(b) Bus and Bus Facilities acquisition, construction, and leasing of consolidated proposals for projects in Competitive Program required supporting facilities such as urbanized areas. Proposals may contain 2. 5339(c) Low or No Emission Program recharging, refueling, and maintenance D. Application and Submission Information projects to be implemented by the E. Application Review facilities. FTA recognizes that a recipient or its subrecipients. Eligible 1. 5339(b) Bus and Bus Facilities significant transformation is occurring subrecipients include public agencies, Competitive Program in the transit bus industry, with the private nonprofit organizations, and 2. 5339(c) Low or No Emission Program increasing availability of low and zero private providers engaged in public F. Federal Award Administration emission bus vehicles for transit transportation. If a single project G. Federal Awarding Agency Contacts revenue operations. The adoption of proposal involves multiple public H. Technical Assistance and Other Program these technologically advanced vehicles transportation providers, such as when Information will enable the country’s transportation an agency acquires vehicles that will be A. Program Description system to move toward a cleaner and operated by another agency, the more energy-efficient future, as proposal must include a detailed 1. The Bus Program described in the U.S. Department of statement regarding the role of each Section 5339(b) of Title 49, United Transportation’s recent report, Beyond public transportation provider in the States Code, as amended by Section Traffic 2045. Accordingly, the purpose implementation of the project. 3017 of the Fixing America’s Surface of the Low-No Program is to support the ii. Cost Sharing or Matching Transportation Act, Pub. L. 114–94, transition of the nation’s transit fleet to authorizes FTA to award Bus Program the lowest polluting and most energy The maximum Federal share for grants through a competitive process, as efficient transit vehicle technologies, projects selected under the Bus Program described in this notice. The program thereby reducing local air pollution and is 80 percent of the net project cost, provides funds to State and local direct carbon emissions, and to support unless noted below by one of the governmental authorities for capital the deployment of technologically exceptions. projects to replace, rehabilitate, advanced U.S.-made transit buses that i. The Federal share is 85 percent of purchase or lease buses and related have been largely proven in testing and the net project cost of acquiring vehicles equipment and to rehabilitate, purchase, demonstrations, but are not yet widely (including clean-fuel or alternative fuel construct or lease bus-related facilities. deployed in transit fleets. vehicles) that are compliant with the Under this authority, FTA also may Clean Air Act (CAA) and/or the award grants to eligible recipients for B. Federal Award Information Americans with Disabilities Act (ADA) projects to be undertaken by of 1990. subrecipients that are public agencies, 1. 5339(b) Grants for Buses and Bus ii. The Federal share is 90 percent of private companies engaged in public Facilities Competitive Program the net project cost of acquiring, transportation, or private non-profit The FAST Act amended 49 U.S.C. installing or constructing vehicle-related organizations. The purpose of the Bus 5339 to provide competitive grants for equipment or facilities (including clean Program is to improve the condition of eligible projects under the Bus Program fuel or alternative-fuel vehicle-related the nation’s public transportation bus and has authorized $213 million in FY equipment or facilities) that are required fleets, expand transportation access to 2016 to carry out the Bus Program. A by the Americans with Disabilities Act employment, educational, and one half of one percent take down (ADA) of 1990, or that are necessary to healthcare facilities, and to improve comply with or maintaining compliance authorized for oversight reduces this mobility options in rural and urban with the Clean Air Act. The award amount to approximately $211 million. areas throughout the country. In recipient must itemize the cost of A minimum of 10 percent of the amount accordance with the statutory specific, discrete, vehicle-related awarded under the Bus Program will be requirement that FTA must ‘‘consider equipment associated with compliance awarded to States for projects located in the age and condition of buses, bus with ADA or CAA to be eligible for the fleets, related equipment, and bus- rural areas. maximum 90 percent Federal share for related facilities’’, FTA will prioritize 2. 5339(c) Low or No Emission these costs. projects that demonstrate how they will Competitive Program Eligible sources of local match address significant repair and include the following: Cash from non- maintenance needs, improve the safety The FAST Act established 49 U.S.C. Government sources other than of transit systems, deploy connective 5339(c) to provide competitive grants revenues from providing public projects that include advanced for eligible projects under the Low-No transportation services; revenues technologies to connect bus systems Program and has authorized $55 million derived from the sale of advertising and with other networks, and support the in FY 2016 to carry out the Low-No concessions; amounts received under a creation of ladders of opportunity. Program. service agreement with a State or local

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social service agency or private social entities that intend to participate in the acquiring low or no emission buses with service organization; revenues generated implementation of the project, a leased power source, constructing or from value capture financing including, but not limited to, specific leasing facilities and related equipment mechanisms; or funds from an vehicle manufacturers, equipment (including intelligent technology and undistributed cash surplus; replacement vendors, owners or operators of related software), for low or no emission buses, or depreciation cash fund or reserve; or facilities, or project consultants. If an constructing new public transportation new capital. In addition, transportation application that involves such a facilities to accommodate low or no development credits or documentation partnership is selected for funding, the emission buses, or rehabilitating or of in-kind match may substitute for competitive selection process will be improving existing public transportation local match if identified in the deemed to satisfy the requirement for a facilities to accommodate low or no application. competitive procurement under 49 emission buses. All proposed projects U.S.C. 5325(a) for the named entities. must be part of the intended recipient’s iii. Eligible Projects Applicants are advised that any changes long-term integrated fleet management Eligible projects are capital projects to to the proposed partnership will require plan. replace, rehabilitate purchase, or lease FTA advance approval, would need to Under the Low-No Program, a low or buses, vans, and related equipment be consistent with the scope of the no-emission bus is defined as a (including intelligent technology and approved project, and may necessitate a passenger vehicle used to provide software), and capital projects to competitive procurement. public transportation that significantly rehabilitate, purchase, construct, or Under the 5339(c) Low-No Program, reduces energy consumption, air lease bus-related facilities. Eligible as amended by the FAST Act, there no pollution, or direct carbon emissions, projects under the Bus Program also longer is a requirement that an eligible when compared to a standard vehicle. include all projects otherwise eligible project or recipient be located in an area This includes zero-emission transit under the Low-No Program. designated as an air quality non- buses, which are defined as buses that FTA is particularly interested in attainment or maintenance area. produce no direct carbon emissions and implementing the provisions of the ii. Cost Sharing or Matching no particulate matter emissions under FAST Act that permit applicants to use any and all possible operational modes up to 0.5 percent of the FTA funds for All eligible expenses under the Low- and conditions. Examples of zero No Program are attributable to workforce development activities emission bus technologies include, but compliance with the Clean Air Act. eligible under 49 U.S.C. 5314 and an are not limited to hydrogen fuel-cell Therefore under the provisions of 49 additional 0.5 percent for costs buses and battery-electric buses. All U.S.C. 5323(i) the maximum Federal associated with training at the National transit bus models procured with funds participation in the costs of leasing or Transit Institute. Applicants should awarded under the Low-No Program acquiring a transit bus financed under identify the proposed use of funds for must complete FTA bus testing for the Low-No Program is 85 percent of the these activities in the project proposal production transit buses pursuant to 49 total transit bus cost. The proposer may and identify them separately in the U.S.C. 5318. The development or seek a lower Federal contribution. project budget. deployment of prototype vehicles is not Further, the maximum Federal eligible for funding under the Low-No 2. Low-No Program Eligibility participation in the cost of leasing or program. i. Eligible Applicants acquiring low or no emission bus- FTA is particularly interested in related equipment and facilities under Eligible applicants include direct implementing the provisions of the the Low-No Program, such as recharging FAST Act that permit applicants to use recipients of FTA grants under the or refueling facilities, is 90 percent of Section 5307 Urbanized Area Formula up to 0.5 percent of the FTA funds for the net project cost of the equipment or workforce development activities program, States, and Indian Tribes. facilities that are attributable to Except for projects proposed by Indian eligible under 49 U.S.C. 5314 and an compliance with the Clean Air Act. additional 0.5 percent for costs Tribes, proposals for funding eligible Eligible sources of local match associated with training at the National projects in rural (non-urbanized) areas include the following: Cash from non- Transit Institute. Applicants should must be submitted as part of a Government sources other than identify the proposed use of funds for consolidated State proposal. States and revenues from providing public these activities in the project proposal other eligible applicants also may transportation services; revenues and identify them separately in the submit consolidated proposals for derived from the sale of advertising and project budget. projects in urbanized areas. Proposals concessions; amounts received under a may contain projects to be implemented service agreement with a State or local D. Application and Submission by the recipient or its subrecipients. social service agency or private social Information Eligible subrecipients include direct service organization; revenues generated 1. Address recipients of Section 5307 grants and from value capture financing local government authorities that mechanisms; or funds from an Applications must be submitted to operate fixed route transit service. If a undistributed cash surplus; replacement Grants.gov. General information for single project proposal involves or depreciation cash fund or reserve; submitting applications through multiple public transportation new capital; or in-kind contributions. In Grants.gov can be found at providers, such as when an agency addition, transportation development www.fta.dot.gov/howtoapply along with acquires vehicles that will be operated credits or documentation of in-kind specific instructions for the forms and by another agency, the proposal must match may substitute for local match if attachments required for submission. include a detailed statement regarding identified in the application. Failure to submit the information as the role of each public transportation requested can delay review of the provider in the implementation of the iii. Eligible Projects application. project. Eligible projects are projects or The FTA urges proposers to submit An eligible recipient may submit an programs of projects for purchasing or applications at least 72 hours prior to application in partnership with other leasing low or no emission buses, the due date to allow time to receive the

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validation messages and to correct any inappropriate form will not contain the provided by FTA through an problems that may have caused a information necessary to determine introductory applicant training session. rejection notification. The FTA will not eligibility of the project and will not be Dates and times for the training session accept submissions after the stated evaluated. Applicants may submit will be posted on FTA’s Web site at deadline. GRANTS.GOV scheduled multiple proposals for one or both www.fta.dot.gov/busprogram. maintenance and outage times are competitions in a single application, but announced on the GRANTS.GOV Web must complete a separate ‘‘project 4. Submission Dates and Times site. Deadlines will not be extended due detail’’ section of the appropriate 5. to scheduled Web site maintenance. supplemental form for each project. Project proposals must be submitted Proposers are encouraged to begin the The supplemental form must be electronically through GRANTS.GOV by process of registration on the placed in the attachments section of the May 13, 2016. Mail and fax submissions GRANTS.GOV site well in advance of SF424 Mandatory Form. Proposers must will not be accepted. the submission deadline. Registration is use the relevant supplemental form(s) a multi-step process, which may take designated for the Bus Program and/or 6. Funding Restrictions several weeks to complete before an the Low-No Program and attach it/them Funds under this NOFO cannot be application can be submitted. Registered to the submission in GRANTS.GOV to used to reimburse applicants for proposers may still be required to take successfully complete the application otherwise eligible expenses incurred steps to keep their registration up to process. A submission may include prior to FTA award of a Grant date before submissions can be made multiple supplemental forms, and a Agreement until FTA has issued pre- successfully: (1) Registration in the single supplemental form may contain award authority for selected projects System for Award Management (SAM) multiple individual project proposals. through a notification in the Federal is renewed annually; and, (2) persons All project proposals will be evaluated Register, or unless FTA has issued a making submissions on behalf of the separately, regardless of whether they ‘‘Letter of No Prejudice’’ for the project Authorized Organization Representative are submitted as a single submission. before the expenses are incurred. (AOR) must be authorized in An applicant may submit additional GRANTS.GOV by the AOR to make supporting documentation for each 7. Other Submission Requirements submissions. project proposal as attachments. Any Applicants are encouraged to consider Within 48 hours after submitting an supporting documentation must be scaling projects in increments of 1 or 2 electronic application, the applicant described and referenced by file name transit buses, in case insufficient should receive three email messages in the appropriate response section of funding is available to fund a project at from GRANTS.GOV: (1) Confirmation of the supplemental form, or it may not be the full requested amount. If an successful transmission to reviewed. applicant indicates that a project is Information such as proposer name, GRANTS.GOV, (2) confirmation of scalable, the applicant must provide an Federal amount requested, local match successful validation by GRANTS.GOV, appropriate minimum funding amount and (3) confirmation of successful amount, description of areas served, etc. that will fund an eligible project that validation by FTA. If confirmations of may be requested in varying degrees of achieves the objectives of the program successful validation are not received or detail on both the SF424 form and and meets all relevant program a notice of failed validation or Supplemental Form. Proposers must fill requirements. The applicant must incomplete materials is received, the in all fields unless stated otherwise on provide a clear explanation of how the applicant must address the reason for the forms. The Supplemental Form project budget would be affected by a the failed validation, as described in the template supports pasting copied text reduced award. Additionally, funding email notice, and resubmit before the from other documents; applicants requests for workforce development submission deadline. If making a should verify that pasted text is fully activities must be addressed separately resubmission for any reason, include all captured on the Supplemental Form and in the budget section of the application, original attachments regardless of which has not been truncated by the character and such activities must be attributable attachments were updated and check limits built into the form. Proposers to the project being applied for. the box on the supplemental form should use both the ‘‘Check Package for indicating this is a resubmission. Errors’’ and the ‘‘Validate Form’’ E. Application Review validation buttons on both forms to 2. Content and Form of Application check all required fields on the forms, 1. Evaluation Criteria for the Bus and Submission and ensure that the federal and local Bus Facilities Competitive Program A complete proposal submission amounts specified are consistent. FTA will evaluate project proposals consists of at least two forms: The for the Bus Program based on the 3. Unique Entity Identifier and System SF424 Mandatory Form and the relevant criteria described in this notice. Projects for Award Management (SAM) supplemental form for either the Bus will be evaluated primarily on the Program or the Low-No Program. The All applicants must provide a unique responses provided in the supplemental application must include responses to entity identifier provided by the System form. Additional information may be all sections of the SF424 Mandatory for Award Management (SAM). provided to support the responses Form and the relevant Supplemental Registration in SAM may take as little provided, however, any additional Form, unless indicated as optional. The as 3–5 business days, but since there documentation must be directly information on the supplemental form could be unexpected steps or delays (for referenced on the supplemental form, will be used to determine applicant and example, if you need to obtain an including the file name where the project eligibility for the program, and Employer Identification Number), FTA additional information can be found. to evaluate the proposal against the recommends allowing ample time, up to selection criteria described in part E of several weeks, for completion of all 1. Demonstration of Need this notice. steps. For additional information on Applicants must demonstrate how the A separate supplemental form exists obtaining a unique entity identifier, proposed project will address an unmet for the Bus Program and the Low-No please visit www.sam.gov. Further need for capital investment in bus program. Projects that use the instructions on registration will be vehicles and/or supporting facilities,

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enhance the safety of the transit system ability of the agency to provide an organizations, and the private sector to for transit vehicle operators, riders, and adequate level of service relative to improve mobility for individuals with the general public, or improve current ridership demands or the degree limited access to economic connectivity of bus systems with other the equipment will improve opportunities. This includes the extent networks through the use of connectivity of bus systems to other the applicant has or will bring local deployment-ready information networks and infrastructure. workforce development, training, technologies. For example, an applicant education, veterans, transportation and 2. Demonstration of Benefits may demonstrate a substantial backlog planning stakeholders together with of deferred capital investment, Applicants must demonstrate how the representation of key customer groups insufficient size or capacity of proposed project will support the (people with low-incomes, people with maintenance facilities, excessive creation of ladders of opportunity, disabilities, youths, veterans, elderly reliance on vehicles that are beyond which are defined for this competition populations, etc.) to formulate a plan to their intended service life, a vehicle as public transportation services that create ladders of opportunity in an area. fleet that is insufficient to meet current enable individuals to achieve increased 3. Planning and Local/Regional ridership demands, or passenger economic security by supporting the Prioritization facilities that are insufficient for their following five Ladders of Opportunity current use. For safety, an applicant Principles: (1) Enhanced access to work, Applicants must demonstrate how the may demonstrate safety concerns with (2) more transportation choices, (3) proposed project is consistent with local vehicles, equipment, or facilities that support for existing communities, (4) and regional long-range planning are beyond their intended useful life, or enhanced economic opportunities, and documents and local government that are no longer appropriate for use (5) support for partnerships between priorities. This will involve assessing due to safety concerns. To improve public agencies, non-profit whether the project is consistent with connectivity, bus systems may deploy organizations and the private sector. the transit priorities identified in the Intelligent Transportation System (ITS) Enhanced access to work: FTA will long range plan; and/or contingency/ technologies or software that link buses evaluate whether the project will illustrative projects included in that with other transportation networks. improve access for Americans with plan; or the locally developed human Applicants should also describe how transportation disadvantages through services public transportation the proposed project will improve the reliable and timely access to coordinated plan. Applicants are not operation of the transit system and employment centers, educational required to submit copies of such plans, whether the project represents a one- opportunities, services and other basic but should describe how the project will time or periodic need that cannot needs. support regional goals and may submit reasonably be funded from FTA More Transportation Choices: FTA support letters from local and regional program formula allocations or State will evaluate whether the project will planning organizations attesting to the and/or local resources. significantly enhance mobility through consistency of the proposed project with Applicants should provide the the creation of more convenient these plans. following information, which FTA will transportation options for travelers. Evidence of additional local or use to assess the need for capital Support for Existing Communities: regional prioritization may include investment underlying the proposed FTA will evaluate whether the project letters of support for the project from project: will increase community revitalization, local government officials, public a. For bus projects (replacement, improve the efficiency of public works agencies, and non-profit or private rehabilitation or expansion): The age investments or safeguard rural sector partners. and condition of the asset(s) to be communities. replaced or rehabilitated by the Enhanced Economic Opportunities: 4. Local Financial Commitment proposed project, relative to their FTA will evaluate whether the project Applicants must identify the source of intended useful life. Consistency with improves economic opportunities by the local cost share and describe the proposer’s bus fleet management linking capital investments with local whether such funds are currently plan. Condition and performance of the workforce development opportunities available for the project or will need to asset to be replaced by the proposed and initiatives, including connections to be secured if the project is selected for project, as ascertained through field employment and educational funding. FTA will consider the inspections or otherwise, if available. opportunities. FTA is particularly availability of the local cost share as For fleet expansion requests, the degree interested in projects that propose to evidence of local financial commitment to which the proposed project will have utilize the eligibility of 0.5 percent of to the project. In addition, an applicant a significant impact on service delivery. the proposed Federal funding for may propose a local cost share that is For both the Bus Program and Low-No workforce development and/or 0.5 greater than the minimum requirement Program, the proposal must address percent for training at the National or provide documentation of previous whether the project conforms to FTA’s Transit Institute. Please note that local investments in the project, which spare ratio guidelines. funding requests for workforce cannot be used to satisfy local matching b. For bus facility and equipment development activities must be requirements, as evidence of local projects (replacement and/or addressed separately in the budget financial commitment. expansion): The age of the asset to be section of the application, and such rehabilitated or replaced relative to its activities must be attributable to the 5. Project Implementation Strategy useful life. The degree to which the project being applied for. Projects will be evaluated based on proposed project will enable the agency Support for partnerships between the extent to which the project is ready to improve the maintenance and public agencies, non-profit to implement within a reasonable condition of the agency’s fleet and/or organizations and the private sector: period of time. Among other factors, other related transit assets. For FTA will evaluate the extent to which FTA will assess whether the project expansion requests, the degree to which the proposed project will support strong qualifies for a Categorical Exclusion the proposed project addresses a current partnerships between State or local (CE), or whether the required capacity constraint that is limiting the public agencies, local non-profit environmental work has been initiated

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or completed for projects requiring an transit systems receiving funding, and/ are calculated on the agency’s entire Environmental Assessment (EA) or or the applicant’s receipt of other fleet. Environmental Impact Statement (EIS) competitive awards in determining the b. For bus facility and equipment under the National Environmental allocation of program funds. Not less projects (replacement and/or Policy Act of 1969 (NEPA), as amended. than 10 percent of the Bus and Bus expansion): The age of the asset to be Applicants should address whether Facility Program funds will be rehabilitated or replaced relative to its project implementation plans are distributed to projects in rural areas. In useful life. The degree to which the complete, including initial design of addition, not more than 10 percent of proposed project will enable the agency facilities projects. For vehicle the funds may be awarded to a single to improve the maintenance or acquisitions, the applicant should grantee. operation of the agency’s existing low or explain the status and timeline of the no emission vehicles, and/or other intended procurement strategy. 2. Selection Criteria for the Low or No related transit assets. Applicants must also provide the Emission Bus Program ii. Demonstration of Benefits timeframe under which the FTA will evaluate project proposals Metropolitan Transportation for the Low-No Program based on the Applicants must demonstrate how the Improvement Program (TIP) and/or criteria described in this notice. Projects proposed project will support the Statewide Transportation Improvement will be evaluated primarily on the successful deployment of vehicles with Program (STIP) can be amended to responses provided in the supplemental advanced propulsion technologies in include the proposed project. This form. Additional information may be regular transit operations. In particular, should be accompanied by evidence of provided to support the responses the applicant must demonstrate how the MPO and/or State endorsement. In provided; however, any additional proposed project will support the following Low-No Program objectives: addition, the proposal should state documentation must be directly (1) Reduce Direct Carbon Emissions; (2) whether grant funds can be obligated referenced on the supplemental form, Reduce Particulate Emissions; (3) within 12 months from time of award, including the file name where the Support Deployment of Advanced if selected. For projects that will require additional information can be found. formal coordination, approvals or Propulsion Technologies; (4) permits from other agencies or project i. Demonstration of Need Demonstrate Successful Revenue partners, the applicant must Operation of New Technologies. Since the purpose of this program is Reduce Direct Carbon Emissions: demonstrate previous coordination with to fund bus vehicles and facilities, these organizations and their support for Applicants should demonstrate how the applicants must demonstrate how the proposed vehicles or facility will reduce the project, such as through letters of proposed project will address an unmet support. emissions of greenhouse gases from need for capital investment in bus transit vehicle operations. FTA will 6. Technical, Legal, and Financial vehicles and/or supporting facilities. evaluate the rate of direct carbon Capacity For example, an applicant may emissions by the proposed vehicles or demonstrate a substantial backlog of Applicants must demonstrate that vehicles to be supported by the deferred capital investment, insufficient they have the technical, legal and proposed facility, the number of size or capacity of maintenance facilities financial capacity to undertake the vehicles that will be in operation as a for low or no emission vehicles, project. FTA will review relevant result of the proposed project, and the excessive reliance on vehicles that are oversight assessments and records to emissions from the vehicles that will be beyond their intended service life, or a determine whether there are any replaced or moved to the spare fleet as vehicle fleet size that is insufficient to outstanding legal, technical, or financial a result of the proposed project. meet current ridership demands. issues with the applicant that would Reduce Particulate Emissions: affect the outcome of the proposed Applicants should also provide the Applicants should demonstrate how the project. following information, which FTA will proposed vehicles or facility will reduce FTA will also review the proposed use to assess the need for capital the emission of particulates that create source of local match. Applicants investment underlying the proposed local air pollution, which leads to local should submit evidence of the project: environmental health concerns, smog, availability of such funds for the project, a. For low or no emission bus projects and unhealthy ozone concentrations. for example by including a board (replacement, rehabilitation or FTA will evaluate the rate of particulate resolution, letter of support from the expansion): The age and condition of emissions by the proposed vehicles or State, or other documentation of the the vehicles or facilities to be replaced vehicles to be supported by the source of local funds. or rehabilitated by the proposed project, proposed facility, the number of relative to their intended useful life. The vehicles that will be in operation as a Review and Selection Process consistency of the proposed project with result of the proposed project, and the In addition to other FTA staff that the proposer’s bus fleet management emissions from the vehicles that will be may review the proposals, a technical plan. The condition and performance of replaced or moved to the spare fleet as evaluation committee will evaluate the vehicles to be replaced by the a result of the proposed project. proposals based on the published proposed project. For fleet expansion Support Deployment of Advanced evaluation criteria. Members of the requests, the degree to which the Propulsion Technologies: As described technical evaluation committee and proposed project will have a significant in the U.S. Department of other FTA staff may request additional impact on service delivery. For both the Transportation’s ‘‘Beyond Traffic 2045’’, information from applicants, if Bus Program and Low-No Program, the the transportation sector will need to necessary. Based on the findings of the proposal must address whether the significantly reduce its emissions of technical evaluation committee, the project conforms to FTA’s spare ratio greenhouse gases. Accordingly, FTA Administrator will determine the guidelines. Low or no emission vehicles applicants should describe how the final selection of projects for program funded under this program are not proposed project will introduce new funding. FTA may consider geographic exempted from FTA’s standard spare vehicle technologies that reduce diversity, diversity in the size of the ratio requirements which apply to and emissions and increase energy

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efficiency into transit revenue support regional goals and may submit vendor, consultant, or other third party, operations. FTA will consider the support letters from local and regional applicants must identify by name any prevalence of the proposed propulsion planning organizations attesting to the project partners, including but not technology in the nation’s transit fleet, consistency of the proposed project with limited to other transit agencies, bus the degree to which the proposed these plans. manufacturers, owners or operators of technology reduces emissions as Evidence of additional local or related facilities, or any expert compared to more common vehicle regional prioritization may include consultants. FTA will evaluate the propulsion technologies, and the letters of support for the project from experience and capacity of the named capability of the proposed vehicle type local government officials, public project partners to successfully to perform to an adequate level of agencies, and non-profit or private implement the proposed project based performance in standard revenue sector partners. on the partners’ experience and operations, as evidenced by successful iv. Local Financial Commitment qualifications. Applicants are advised to revenue service in similar operating submit information on the partners’ environments. Applicants must identify the source of qualification and experience as a part of Demonstrate Successful Revenue the local cost share and describe the application. Entities involved in the Operation of New Technologies: whether such funds are currently project that are not named in the Applicants should describe how the available for the project or will need to application will be required to be proposed project will support the be secured if the project is selected for selected through a competitive successful operation of new funding. FTA will consider the procurement. technologies in revenue service. FTA availability of the local cost share as Applicants must also provide the will evaluate the current or planned evidence of local financial commitment timeframe under which the TIP and/or ability of the applicant to successfully to the project. In addition, an applicant STIP can be amended to include the operate and maintain the proposed may propose a local cost share that is proposed project. This should be vehicles or vehicles to be supported by greater than the minimum requirement accompanied by evidence of MPO and/ the proposed project. As the or provide documentation of previous or State endorsement. In addition, the introduction of new technology may local investments in the project, which proposal should state whether grant impact the skills needed by the cannot be used to satisfy local matching funds can be obligated within 12 applicant’s workforce, FTA is requirements, as evidence of local months from time of award, if selected. particularly interested in projects that financial commitment. FTA will also For projects that will require formal propose to utilize the eligibility of 0.5 note if an applicant proposes to use coordination, approvals or permits from percent of the proposed Federal funding grant funds only for the incremental other agencies or project partners, the for workforce development and/or 0.5 cost of new technologies over the cost applicant must demonstrate previous percent for training at the National of replacing vehicles with standard coordination with these organizations Transit Institute. Please note that propulsion technologies. and their support for the project, such funding requests for workforce as through letters of support. v. Project Implementation Strategy development activities must be vi. Technical, Legal, and Financial addressed separately in the budget Projects will be evaluated based on Capacity section of the application, and such the extent to which the project is ready activities must be attributable to the to implement within a reasonable Applicants must demonstrate that project being applied for. Applicants period of time. Among other factors, they have the technical, legal and should also address the appropriateness FTA will assess whether the project financial capacity to undertake the of the intended vehicles for the type of qualifies for a Categorical Exclusion project. FTA will review relevant service proposed, in particular when (CE), or whether the required oversight assessments and records to considering vehicle operating range, environmental work has been initiated determine whether there are any charging or fueling requirements, or or completed for projects requiring an outstanding legal, technical, or financial terrain. FTA will evaluate the Environmental Assessment (EA) or issues with the applicant that would consistency of the proposed project with Environmental Impact Statement (EIS) affect the outcome of the proposed the applicant’s long-term fleet under the National Environmental project. FTA will also review the management plan, as well as the Policy Act of 1969 (NEPA), as amended. proposed source of local match. applicant’s previous experience with Applicants must provide information Applicants should submit evidence of the relevant low or no emissions vehicle regarding their project implementation the availability of such funds for the technologies. plans, including whether initial design project, for example by including a of facilities projects has been completed. board resolution, letter of support from iii. Planning and Local/Regional For vehicle acquisitions, the applicant the State, or other documentation of the Prioritization must explain the status and timeline of source of local funds. Applicants must demonstrate how the the intended procurement strategy, and Review and Selection Process proposed project is consistent with local must demonstrate familiarity with the and regional long range planning current market availability of the In addition to other FTA staff that documents and local government proposed advanced vehicle propulsion may review the proposals, a technical priorities. This will involve assessing technology. evaluation committee will evaluate whether the project is consistent with For project proposals that do not proposals based on the published the transit priorities identified in the specify a particular manufacturer, evaluation criteria. Members of the long range plan; and/or contingency/ model, or vendor, applicants must technical evaluation committee and illustrative projects included in that demonstrate that vehicles are available other FTA staff may request additional plan; or the locally-developed human of the proposed type that meet or exceed information from applicants, if services public transportation FTA’s Buy America domestic content necessary. Based on the findings of the coordinated plan. Applicants are not requirements. technical evaluation committee, the required to submit copies of such plans, For project proposals that involve a FTA Administrator will determine the but should describe how the project will partnership with a manufacturer, final selection of projects for program

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funding. FTA may consider geographic ii. Grant Requirements awarded. For more information on DBE diversity, diversity in the size of the If selected, awardees will apply for a requirements, please contact Britney transit systems receiving funding, and/ grant through FTA’s Transit Award Berry, Office of Civil Rights, 202–366– or the applicant’s receipt of other Management System (TrAMS). 1065, email: [email protected]. competitive awards in determining the Recipients of Bus Program Funding in v. Planning allocation of program funds. FTA may urban areas and all Low/No Emission The FTA encourages proposers to consider capping the amount a single recipients, are subject to the grant applicant may receive. notify the appropriate State requirements of section 5307 Urbanized Departments of Transportation and F. Federal Award Administration Area Formula Grant program, including MPOs in areas likely to be served by the those of FTA Circular 9030.1E. i. Federal Award Notice project funds made available under Recipients of Bus Program Funding in these initiatives and programs. Selected rural areas are subject to the grant Subsequent to an announcement by projects must be incorporated into the requirements of Section 5311 Formula the FTA Administrator of the final long-range plans and transportation Grants for Rural Areas Program, project selections, which will be posted improvement programs of States and including those of FTA Circular on the FTA Web site, FTA will publish metropolitan areas before they are 9040.1G All recipients must follow the a list of the selected projects, a summary eligible for FTA funding. Grants Management Requirements of of final scores for selected projects, FTA Circular 5010.1D, and the labor vi. Standard Assurances Federal award amounts and recipients protections of 49 U.S.C. Section 5333(b). in the Federal Register. Project The applicant assures that it will All competitive grants, regardless of recipients should contact their FTA comply with all applicable Federal award amount, will be subject to the Regional Offices for additional statutes, regulations, executive orders, congressional notification and release information regarding allocations for FTA circulars, and other Federal process. Technical assistance regarding projects under the Bus and Low-No administrative requirements in carrying these requirements is available from Programs. out any project supported by the FTA each FTA regional office. grant. The applicant acknowledges that At the time the project selections are it is under a continuing obligation to announced, FTA will extend pre-award iii. Buy America comply with the terms and conditions authority for the selected projects. There The FTA requires that all capital of the grant agreement issued for its is no blanket pre-award authority for procurements meet FTA’s Buy America project with FTA. The applicant these projects before announcement. requirements that require all iron, steel, understands that Federal laws, ii. Award Administration or manufactured products be produced regulations, policies, and administrative in the U.S., to help create and protect practices might be modified from time Funds under the Bus and Low-No manufacturing jobs in the U.S. The to time and may affect the Programs are available to States, Ferry program will have a significant implementation of the project. The designated recipients, or eligible direct economic impact toward meeting the applicant agrees that the most recent recipients of Section 5307 funds. There objectives of the Buy America law. The Federal requirements will apply to the is no minimum or maximum grant Buy America requirements can be found project, unless FTA issues a written award amount; however, FTA intends to in 49 CFR part 661. Any proposal that determination otherwise. The applicant fund as many meritorious projects as will require a waiver must identify the must submit the Certifications and possible. Only proposals from eligible items for which a waiver will be sought Assurances before receiving a grant if it recipients for eligible activities will be in the application. Applicants should does not have current certifications on considered for funding. Due to funding not proceed with the expectation that file. limitations, proposers that are selected waivers will be granted. vii. Reporting for funding may receive less than the iv. Disadvantaged Business Enterprise amount originally requested. In those Post-award reporting requirements cases, applicants must be able to Projects that include ferry include submission of Federal Financial demonstrate that the proposed projects acquisitions are subject to the Reports and Milestone Reports in FTA’s are still viable and can be completed Disadvantaged Business Enterprise electronic grants management system. with the amount awarded. (DBE) program regulations at 49 CFR part 26. The rule requires that, prior to G. Technical Assistance and Other iii. Administrative and National Policy bidding on any FTA-assisted vehicle Program Information Requirements procurement, entities that manufacture This program is not subject to i. Pre-Award Authority ferries must submit a DBE Program plan Executive Order 12372, and annual goal methodology to FTA. ‘‘Intergovernmental Review of Federal The FTA will issue specific guidance The FTA will then issue a transit Programs.’’ The FTA will consider to recipients regarding pre-award vehicle manufacturer (TVM) applications for funding only from authority at the time of selection. The concurrence/certification letter. Grant eligible recipients for eligible projects FTA does not provide pre-award recipients must verify each entity’s listed in Section C. Complete authority for competitive funds until compliance before accepting its bid. A applications must be submitted through projects are selected and even then there list of certified TVMs is posted on FTA’s GRANTS.GOV by 11:59 p.m. EDT on are Federal requirements that must be Web page at http://www.fta.dot.gov/ XXXXXXX. Contact information for met before costs are incurred. For more civilrights/12891.html. Recipients FTA’s regional offices can be found on information about FTA’s policy on pre- should contact FTA before accepting FTA’s Web site at www.fta.dot.gov. award authority, please see the FY 2016 bids from entities not listed on this Web Apportionment Notice published on posting. Recipients may also establish H. Federal Awarding Agency Contacts February 16, 2016. https://www.gpo. project specific DBE goals for ferry For further information concerning gov/fdsys/pkg/FR-2016-02-16/pdf/2016- purchases. The FTA will provide this notice please contact the Bus 02821.pdf. additional guidance as grants are Program manager via email at

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[email protected], or call Sam vacancies that may arise. The Agency d. Strengthen maritime capabilities Snead at 202–366–1089. For further encourages nominations submitted any essential to economic and national information concerning this notice time before the deadline. security; contact the Low-No Program manager, ADDRESSES: Interested candidates may e. Modernize the maritime workforce Tara Clark by phone at 202–366–2623, submit a completed application by one and inspire and educate the next or by email at [email protected]. A of the following methods: generation of mariners; TDD is available for individuals who are • Email: [email protected], subject f. Foster maritime innovation; and, deaf or hard of hearing at [number]. In line: MTSNAC Application. g. Topics related to the Agency’s addition, FTA will post answers to • Fax: 202–308–8968, ATTN: mission that the Maritime Administrator questions and requests for clarifications MTSNAC DFO, please provide name, may charge the Committee with on FTA’s Web site at http:// mailing address and telephone and fax addressing. transit.dot.gov/busprogram. To ensure numbers to send application forms to. II. Who should be considered for applicants receive accurate information • Mail: MARAD–MTSNAC nomination as MTSNAC members? about eligibility or the program, the Designated Federal Officer, Room W21– applicant is encouraged to contact FTA 310, U.S. Department of Transportation, The Maritime Administration seeks directly, rather than through 1200 New Jersey Ave. SE., Washington, nominations for immediate intermediaries or third parties, with DC 20590, please provide name, mailing consideration to fill approximately 10 questions. FTA staff may also conduct address and telephone and fax numbers positions on the Committee for the briefings on the competitive grants to send application forms to. upcoming 2016–2018 charter term, and will continue to accept nominations selection and award process upon FOR FURTHER INFORMATION CONTACT: Eric request. Shen, Designated Federal Officer, at under this notice on an on-going basis [email protected] or at (202) 308–8968. for two years for consideration to fill Matthew J. Welbes, Please visit the MTSNAC Web site at vacancies that may arise during the Executive Director. http://www.marad.dot.gov/ports/ charter term. Member appointment [FR Doc. 2016–07027 Filed 3–28–16; 8:45 am] marine-transportation-system-mts/ terms run for two years concurrently BILLING CODE 4910–57–P marine-transportation-system-national- with the Committee charter. Members advisory-committee-mtsnac/. will be selected in accordance with applicable Agency guidelines based DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: upon their ability to advise the I. Under what authority is MARAD Administrator on marine transportation Maritime Administration renewing the MTSNAC? issues. Members will be selected with a The MTSNAC is a Federal advisory view toward a varied perspective of the Renewal of the U.S. Maritime marine transportation industry, Transportation System National committee MARAD sponsors that advises the Department of including (1) ports and terminal Advisory Committee and Solicitation of operators; (2) vessel operators; (3) Nominations for Membership Transportation on issues related to the marine transportation system. The shippers or beneficiary cargo owners; (4) AGENCY: Maritime Administration, MTSNAC was originally established in shipbuilders; (5) other modes of Department of Transportation. 1999 in accordance with the transportation; (6) relevant policy areas ACTION: Notice of charter renewal and recommendations made in a Report to such as innovative financing, economic nomination solicitation. Congress titled ‘‘An Assessment of the competitiveness, performance U.S. Marine Transportation System,’’ monitoring, safety, labor, and Pursuant to authority SUMMARY: and mandated in 2007 by section 1121 environment; (7) freight customers and delegated by the Secretary of of the Energy Independence and providers; and (8) government bodies. Transportation (Secretary) to the Security Act of 2007, Public Law 110– Specifically, the Agency seeks to Maritime Administrator (Administrator) 140 (46 U.S.C. 55603). The MTSNAC balance the following interests to the and the Federal Advisory Committee operates in accordance with the extent practicable: State departments of Act implementing regulations, the provisions of the Federal Advisory transportation; State, local, and tribal Maritime Administration (MARAD) Committee Act (FACA), and shall officials; local planning offices; announces the renewal of the U.S. undertake information-gathering shippers, businesses, and economic Maritime Transportation System activities, develop technical advice, and development; freight forwarders; rail, National Advisory Committee present recommendations to the ports, trucking, and pipelines (Committee or MTSNAC), by the Administrator on matters including but operations; workforce including both Secretary of Transportation. The not limited to the following: shipboard and waterfront workers, Committee will advise the Secretary on a. Impediments hindering effective safety, and environmental interest. solutions to impediments hindering use of short sea transportation, Registered lobbyists are not eligible to effective use of short sea transportation including the expansion of America’s serve on Federal Advisory Committees. and other matters as the Secretary Marine Highways, as directed in Section Registered lobbyists are lobbyists determines. Duration of the MTSNAC is 1121 of the Energy Independence and required to comply with provisions for two years unless renewed by the Security Act of 2007 (Pub. L. 110–140), contained in the Lobbying Disclosure Secretary. This notice also requests and methods to expand the use of the Act of 1995 (Pub. L. 110–81). nominations for membership on the Marine Transportation System for III. Do MTSNAC members receive Committee. freight and passengers; compensation and/or per diem? DATES: Nominations for immediate b. Expand capacity of U.S. consideration for appointment must be international gateway ports to Committee members will receive no received on or before 5:00 p.m. ET on accommodate larger vessels; salary for the participation in MTSNAC May 2, 2016. After that date, MARAD c. Improve waterborne transport to activities. While attending meetings or will continue to accept applications reduce congestion and increase mobility when otherwise engaged in Committee under this notice for a period of up to throughout the domestic transportation business, members may be reimbursed two years from the deadline to fill any system; for travel and per diem expenses as

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permitted under applicable Federal (4) An affirmative statement that the V. How will MARAD select MTSNAC travel regulations. Reimbursement is nominee is not a Federally registered members? subject to funding availability. lobbyist and that the nominee understands that, if appointed, the A selection team comprised of IV. What is the process for submitting nominee will not be allowed to continue representatives from the Maritime nominations? to serve as a Committee member, if the Administration will review the Individuals can self-apply or be nominee becomes a Federally registered application packages. The selection nominated by any individual or lobbyist; and team will make recommendations organization. To be considered for the (5) Optional letters of support. regarding membership to the MTSNAC, nominators should submit Please do not send company, trade Administrator based on the following the following information: association, organization brochures, or criteria: (1) Professional or academic (1) Contact Information for the any other promotional information. expertise, experience, and knowledge; nominee, consisting of: Materials submitted should total five (2) stakeholder representation; (3) pages or less and must be in a 12 font, a. Name availability and willingness to serve; formatted in Microsoft Word or PDF. b. Title and (4) relevant experience in working Should more information be needed, c. Organization or Affiliation in committees and advisory panels. MARAD staff will contact the nominee, Nominations are open to all individuals d. Address obtain information from the nominee’s e. City, State, Zip without regard to race, color, religion, past affiliations, or obtain information sex, national origin, age, mental or f. Telephone number from publicly available sources. If you g. Email address physical disability, marital status, or are interested in applying to become a sexual orientation. (2) Statement of interest limited to member of the Committee, send a 250 words on why the nominee wants completed application package by email Authority: 49 CFR part 1.93(a); 5 U.S.C. to serve on the MTSNAC and the unique to [email protected] or by mail to Eric 552b; 41 CFR parts 102–3; 5 U.S.C. app. perspectives and experiences the Shen, MTSNAC- DFO, Room W21–310, Sections 1–16. nominee brings to the Committee; U.S. Department of Transportation, 1200 By Order of the Maritime Administrator. (3) Resume limited to 3 pages New Jersey Ave. SE., Washington, DC Dated: March 24, 2016. describing professional and academic 20590. Applications must be received expertise, experience, and knowledge, on or before 5:00 p.m. ET on March 24, T. Mitchell Hudson, Jr., including any relevant experience 2016; however, candidates are Secretary, Maritime Administration. serving on advisory committees, past encouraged to send application any time [FR Doc. 2016–07053 Filed 3–28–16; 8:45 am] and present; before the deadline. BILLING CODE 4910–81–P

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Part II

Department of Agriculture

Food and Nutrition Service 7 CFR Parts 210, 215, 220, et al. Child Nutrition Program Integrity; Proposed Rule

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DEPARTMENT OF AGRICULTURE • Preferred method: Federal operate the Programs. Comments eRulemaking Portal at http:// received after the close of the comment Food and Nutrition Service www.regulations.gov. Follow the online period (refer to DATES) will not be instructions for submitting comments. considered or included in the 7 CFR Parts 210, 215, 220, 225, 226 and • Mail: Comments should be Administrative Record for the final rule. 235 addressed to Andrea Farmer, Chief, We also invite your comments on how RIN 0584–AE08 School Meal Programs Branch, Policy to make these proposed regulations and Program Development Division, easier to understand, including answers Child Nutrition Program Integrity Child Nutrition Programs, Food and to questions such as the following: Nutrition Service, Department of (1) Are the requirements in the AGENCY: Food and Nutrition Service, Agriculture, 3101 Park Center Drive, proposed regulations clearly stated? USDA. Alexandria, Virginia 22302–1594. (2) Does the rule contain technical ACTION: Proposed rule. • Hand Delivery or Courier: Deliver language or jargon that interferes with comments to the Food and Nutrition its clarity? SUMMARY: This rule proposes to codify Service, Child Nutrition Programs, 3101 (3) Does the format of the rule (e.g., several provisions of the Healthy, Park Center Drive, Alexandria, Virginia Hunger-Free Kids Act of 2010 affecting grouping and order of sections, use of 22302–1594, during normal business headings, and paragraphing) make it the integrity of the Child Nutrition hours of 8:30 a.m.–5:00 p.m., Monday Programs, including the National School clearer or less clear? through Friday. (4) Would the rule be easier to Lunch Program (NSLP), the Special Comments sent by other methods not Milk Program for Children, the School understand if it was divided into more listed above will not be able to be (but shorter) sections? Breakfast Program, the Summer Food accepted and subsequently, not posted. Service Program (SFSP), the Child and (5) Is the description of the rule in the All comments submitted in response to preamble section entitled ‘‘Background Adult Care Food Program (CACFP) and this proposed rule will be included in State Administrative Expense Funds. and Discussion of the Proposed Rule’’ the record and will be made available to helpful in understanding the rule? How The Department is proposing to the public. Duplicate comments are not establish criteria for assessments against could this description be more helpful considered. Please be advised that the in making the rule easier to understand? State agencies and program operators substance of the comments and the who jeopardize the integrity of any identity of the individuals or entities II. Executive Summary Child Nutrition Program; establish submitting the comments will be subject Purpose of the Regulatory Action procedures for termination and to public disclosure. The Department disqualification of entities in the SFSP; will make the comments publicly This proposed rule would codify modify State agency site review available on the Internet via http:// several provisions of the Healthy, requirements in the CACFP; establish www.regulations.gov. Hunger-Free Kids Act of 2010 (HHFKA), State liability for reimbursements Public Law 111–296, that affect the incurred as a result of a State’s failure FOR FURTHER INFORMATION CONTACT: integrity of the Child Nutrition to conduct timely hearings in the Mandana Yousefi, Community Meal Programs, including the National School CACFP; establish criteria for increased Programs Branch, Policy and Program Lunch Program (NSLP), the Special State audit funding for CACFP; establish Development Division, Child Nutrition Milk Program for Children (SMP), the procedures to prohibit the participation Programs, Food and Nutrition Service at School Breakfast Program (SBP), the of entities or individuals terminated (703) 305–2590. Summer Food Service Program (SFSP), from any of the Child Nutrition SUPPLEMENTARY INFORMATION: the Child and Adult Care Food Program Programs; establish serious deficiency I. Public Comment Procedures (CACFP), and State Administrative and termination procedures for II. Executive Summary Expense Funds (SAE). In addition, this unaffiliated sponsored centers in the III. Background and Discussion of the Proposed Rule rule would incorporate policy changes CACFP; eliminate cost-reimbursement IV. Procedural Matters resulting from several findings from food service management company recently conducted targeted contracts in the NSLP; and establish I. Public Comment Procedures management evaluations of the CACFP procurement training requirements for Your written comments on the by the Food and Nutrition Service State agency and school food authority proposed rule should be specific, (FNS), and USDA Office of Inspector staff in the NSLP. In addition, this should be confined to issues pertinent General audit findings, as well as other rulemaking would make several to the proposed rule, and should miscellaneous revisions to the operational changes to improve explain the reason(s) for any change you regulations. The rule is intended to oversight of an institution’s financial recommend or proposal(s) you oppose. improve the integrity of all Child management and would also include Where possible, you should reference Nutrition Programs. several technical corrections to the the specific section or paragraph of the USDA anticipates that the provisions regulations. The proposed rule is proposal you are addressing. We invite under this proposed rule would be intended to improve the integrity of all specific comments on various aspects of implemented 90 days following Child Nutrition Programs. the rule as described later in this publication of the final rule, with the DATES: To be assured of consideration, preamble. We also invite comments exception of those related to CACFP written comments must be postmarked from State agencies, sponsors, and audit funds and those related to on or before May 31, 2016. providers on the administrative cost of assessments against State agencies and ADDRESSES: The Food and Nutrition compliance with any of the provisions program operators. The provision Service, USDA, invites interested in the rule. Additionally, we invite granting eligible State agencies persons to submit written comments on comments on the potential impact of the additional CACFP audit funds will be this proposed rule. In order to ensure changes in the proposed rule on implemented upon publication of the proper receipt, written comments must Program access, particularly in areas final rule. Because States and school be submitted through one of the through the country where there are a districts have been working diligently to following methods only: limited number of providers available to implement the provisions of the

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Healthy, Hunger-Free Kids Act, USDA requires State agencies to pay all valid exception of those related to anticipates that the provision claims for reimbursement, from non- assessments against State agencies and establishing criteria for assessments Federal sources, if the required program operators and CACFP audit against State agencies and program timeframes for a fair hearing are not funds. The provision establishing operators would be implemented one met. criteria for assessments against State school year following publication of the Section 335 of the HHFKA: CACFP agencies and program operators would final rule to provide entities the time Audit Funding—Section 335 allows the be implemented one school year they need to complete successful Department to increase the amount of following publication of the final rule. implementation. audit funds made available to a CACFP The provision granting eligible State State agency if the State agency agencies additional CACFP audit funds Summary of the Major Provisions of the demonstrates it can effectively use the will be implemented upon publication Regulatory Action funds to improve Program management of the final rule. The major provisions addressed in in accordance with criteria established Proposed Changes in Response to the this rule are: by the Department. Section 303 of the HHFKA: Fines for Section 362 of the HHFKA: HHFKA Violating Program Requirements— Disqualified Schools, Institutions, and Section 303 of the HHFKA: Fines for Section 303 of the HHFKA requires the Individuals—Section 362 makes any Violating Program Requirements Secretary to establish criteria for the school, institution, service institution, Section 303 of the HHFKA amended imposition of fines in the Child facility, or individual that has been section 22 of the Richard B. Russell Nutrition Programs, referred to as terminated from any Child Nutrition National School Lunch Act (NSLA) (42 assessments in this proposed rule. An Program and who is on the CACFP or U.S.C. 1769c) to require the Secretary to assessment refers to a required payment SFSP National Disqualified List establish criteria by which the Secretary of funds from non-Federal sources. ineligible for participation in or or the State agency may impose a fine, Under section 303, the Secretary or a administration of any Child Nutrition referred to in this proposed rule as an State agency may establish an Program. assessment, against any school food assessment against any school food authority or school administering a authority or school administering the Costs and Benefits program authorized under the NSLA or Child Nutrition Programs if the While all entities—school food the Child Nutrition Act of 1966 (42 Secretary or the State agency determines authorities, schools, institutions, U.S.C. 1771 et seq.) (CNA). An that the school or school food authority sponsors sites, sponsoring assessment refers to a required payment failed to correct severe mismanagement organizations, day care centers and State of funds from non-Federal sources. The of any program, failed to correct agencies—administering Child Nutrition provision also authorizes the Secretary repeated violations of program Programs will be affected by this to establish an assessment against any requirements, or disregarded a rulemaking, the economic effect is not State agency administering a program requirement of which they have been expected to be significant as explained under the NSLA or the CNA. informed. Section 303 also provides the below. Assessments established pursuant to Secretary the authority to establish an section 303 are limited to those assessment against any State agency if III. Background and Discussion of the situations where a school, school food the Secretary determines the State Proposed Rule authority, or State agency has failed to agency has failed to correct severe The Department is proposing to correct severe mismanagement of any mismanagement of any program, failed amend the regulations for the NSLP, program, disregarded a requirement of to correct repeated violations of program SMP, SBP, SFSP, CACFP, and SAE which it has been informed, or failed to requirements, or disregarded a found at 7 CFR parts 210, 215, 220, 225, correct repeated violations of program requirement of which they have been 226 and 235, respectively. These requirements. informed. changes are intended to improve the The provision implies that an Section 322 of the HHFKA: SFSP integrity of the affected Child Nutrition assessment would be established only in Disqualification—Section 322 requires Programs. situations where the regular monitoring, the Secretary to establish procedures for The proposed changes respond to oversight, corrective action and the termination and disqualification of provisions of the HHFKA, findings from technical assistance processes used by a entities participating in the SFSP, to management evaluations of the CACFP State agency or the Department do not maintain a list of entities that have been by the Department and from an audit by result in correction of identified terminated or disqualified from SFSP, the Department’s Office of Inspector program violations. It is important to and to make this list available to States General. In addition, the proposal note that the statutory scheme only for use in approving or renewing service includes technical corrections and other anticipates assessments be established institutions’ applications for SFSP miscellaneous revisions to the in instances of severe mismanagement participation. regulations. Each of the proposed of a program, disregard of a program Section 331(b) of the HHFKA: State changes is discussed in detail below. requirement of which the program Agency/Sponsor Review Requirements The Department recognizes that the operator had been informed, or failure in the CACFP—Section 331(b) requires provisions in this proposed rule impact to correct repeated violations. These the Secretary to develop for State many aspects of State administration of criteria suggest that violations that agencies additional criteria or priorities Child Nutrition Programs. As a result, would result in assessments would be for use in choosing institutions for the Department will provide guidance egregious or persistent in nature, review, including institutions at risk of and technical assistance to State remaining unresolved after the normal having serious management problems agencies to ensure successful monitoring and oversight activities have and institutions conducting activities implementation of this regulation. failed to secure corrective action. other than the CACFP. USDA anticipates that the provisions Current program regulations require Section 332 of the HHFKA: State under this proposed rule would be rigorous FNS and State agency Liability for Payments to Aggrieved implemented 90 days following monitoring and oversight. For example, Child Care Institutions—Section 332 publication of the final rule, with the in accordance with 7 CFR part 210.29,

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FNS conducts management evaluations section 19 of the NSLA (42 U.S.C. is expected to serve as a deterrent to of State agencies administering the 1769a). While the authority set forth in those State and local program operators NSLP and SBP based on relative-risk for section 303 also extends to the FFVP, who disregard the program program administration issues, rather this proposed rule does not include requirements of any Child Nutrition than by a calendar cycle. At a minimum, amendatory changes relating to the Program. each State agency receives a FFVP, as the FFVP regulations have not This rule proposes to amend the management evaluation once every five yet been codified. It is the intention of regulations for the NSLP, SMP, SBP, years to assess compliance with all the Department to incorporate language SFSP, and CACFP at §§ 210.26(b), aspects of the State agency’s operation identical to that proposed at § 210.26(b) 215.15(b), 220.18(b), 225.18(k), and of the NSLP and SBP. Any findings are to extend the authority provided under 226.25(i) to codify the authority to recorded in the management evaluation section 303 to the FFVP when that rule establish an assessment, identify the report and are either immediately is finalized. Any comments related to violations for which an assessment corrected or a corrective action plan is assessments established in the FFVP would be established, and establish the implemented with subsequent follow- under section 303 should be submitted monetary limits to which an assessment up activity until the violations are to the Department in response to this may be imposed, as outlined in the corrected. In addition, the monitoring proposed rulemaking. NSLA. and oversight process for the NSLP and Section 303 prescribes upper limits Section 303 authorizes the Secretary SBP calls for a State agency on the amount of the assessments that or a State agency to establish administrative review of each school can be established against any school assessments against school food food authority once every three years. food authority, school, and State agency. authorities and schools administering As part of the 7 CFR 210.18 In calculating assessments against any Child Nutrition Program. However, administrative review requirements, school food authorities and schools, the in addition to school food authorities State agencies must assess a school food Department is directed to base the and schools, other types of institutions authority’s compliance with specific amount on the reimbursement earned by operate the Child Nutrition Programs in performance standards as well as with the school food authority or school for accordance with the statutory and general areas of review. School food the program in which the violation regulatory framework. Institutions, sites, authorities failing to demonstrate occurred. The amount of the assessment sponsors, day care centers, and day care compliance must develop a corrective may not exceed the equivalent of: providers also may operate under the action plan and take corrective actions • For the first assessment, 1 percent SMP, SFSP, or CACFP. to ameliorate the problem. The State of the amount of meal reimbursements Investigations conducted by the agency must assess the corrective earned for the fiscal year; USDA OIG and management evaluations actions taken, provide any needed • For the second assessment, 5 of State agencies conducted by the technical assistance, recover any percent of the amount of meal Department identified problems in the improperly paid Federal funds, and if reimbursements earned for the fiscal Child Nutrition Programs associated needed, conduct a follow-up review. year; and with non-school Program operators. In Generally, State agencies and school • For the third or subsequent 2006, OIG conducted an audit of the food authorities work together to correct assessment, 10 percent of the amount of SFSP in California and Nevada which Program violations for the betterment of meal reimbursements earned for the found the majority of private nonprofit the Program and the children they serve. fiscal year. sponsors reviewed to be noncompliant However, there have been cases, albeit In calculating assessments established in Program requirements related to meal few, where program operators have against State agencies, the Department is counts, costs and income reporting, as failed to correct Program violations directed to base the amount on the SAE well as State health and safety code through the normal administrative funds made available to the State agency requirements. In addition, the Child review requirements and technical for the State agency’s administration of Care Assessment Project (CCAP) Final assistance. This proposed rule would the Child Nutrition Programs. Therefore, Report, published by the Department in provide both the Department and State the amount of the assessment is based July 2009, identified inaccurate meal agencies the authority to establish an on SAE funds for all Child Nutrition counts and menu records by providers assessment after the normal monitoring Programs, not only SAE support earned and private nonprofit sponsoring and oversight activities have been by the program in which the violation organizations and a failure to employ unsuccessful in correcting program occurred. The amount of the assessment the serious deficiency process as violations. The Department anticipates may not exceed the equivalent of: intended. These findings indicate assessments would be established only • For the first assessment,1 percent of patterns of non-compliance in CACFP on rare occasions in securing corrective funds made available for SAE during the and SFSP by entities/institutions which action. However, it should serve as a fiscal year; are not school food authorities or useful tool when egregious or persistent • For the second assessment, 5 schools. OIG has several audits disregard of Program requirements percent of funds made available for SAE currently underway, including a review occurs. during the fiscal year; and of management controls in the CACFP, Amendatory language under this • For the third or subsequent areas of risk assessment in the CACFP proposed rule would affect the NSLP, assessment, 10 percent of the amount and a follow up of the 2006 SFSP audit SMP, SBP, SFSP, CACFP, and USDA funds made available for SAE during the in California and Nevada. The findings Donated Foods in schools and fiscal year. of these audits can be found in the institutions. The Department published The proposed regulation bases these Review of the Management Controls in proposed regulation ‘‘Fresh Fruit and limits on the most recent fiscal year for the CACFP Final Report published by Vegetable Program’’ in the Federal which meal reimbursements or SAE the Department in November 2011. Register on February 24, 2012 (77 FR allocations closeout data are available. With these findings in mind and 10981), which would establish the basic Finally, section 303 specifies that funds consistent with the Department’s structure of the Fresh Fruit and used to pay an assessment must be authority in Section 10(a) of the CNA, Vegetables Program (FFVP), and related derived from non-Federal sources. This 42 U.S.C. 1779(a), to promulgate requirements, as authorized under new authority to establish assessments regulations necessary to carry out the

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Child Nutrition Programs, this rule Department review official in any sponsor reasonable opportunity to would extend to all entities that have an appeal final and not subject to further correct problems before termination. agreement with the State agency. Thus, administrative or judicial review, and Current regulations indicate the types of this proposed rule would apply to would provide the authority for the serious deficiencies which are grounds school food authorities, schools, Department to suspend or terminate the for disapproval of an application or institutions, sites, sponsors, day care participation of the State agency if the termination. centers, and day care providers. The State agency failed to pay the Current regulations at § 225.11(f) resultant rule would ensure program assessment. require State agencies to terminate integrity and equitable treatment of all Finally, the proposed rule would participation of sites or sponsors for participating entities and institutions. require that all assessments and any failure to correct Program violations Given the fiscal consequences of this interest charged would be collected and within timeframes specified in a provision, the Department would paid to the Department and transmitted corrective action plan. Additionally, provide school food authorities, to the U.S. Department of the Treasury. participation of a site must be institutions, and sponsors the Funds received by and from the State immediately terminated if there is an opportunity to appeal any assessment agencies as a result of assessments must imminent threat to the health or safety established pursuant to this regulatory be paid from non-Federal sources. As of the participating children. Once authority. School food authorities, such, the funds could not be used by the terminated, claims for reimbursement institutions, and sponsors administering Department. may not be submitted. Under § 225.13, the NSLP, SFSP, and CACFP currently Accordingly, proposed rule changes State agencies must afford sponsors the have the ability to appeal fiscal action are found at §§ 210.18(q), 210.26(b), right to appeal termination and denial of through the existing administrative 215.15(b), 220.18(b), 225.13(a), an application for participation. review process in the NSLP, SFSP, and 225.18(k), 226.6(k)(2)(xii), 226.25(i), and This proposed rule would reorganize CACFP regulations. This proposed rule 235.11(c) and (g). the current SFSP regulations, amend the would expand current regulatory appeal Section 322 of the HHFKA: SFSP current SFSP termination process, and rights to include any assessment Disqualification establish a disqualification process established pursuant to this regulatory similar to the process employed in the authority and would extend those Section 322 of the HHFKA amended CACFP, with modifications reflecting appeal rights and procedures to both the section 13 of the NSLA (42 U.S.C. 1761) the shorter duration of the SFSP. For SMP and SBP. To ensure the appeal by adding a new paragraph (q), example, the proposed maximum process is completed on a timely basis, Termination and Disqualification of timeframe for which the corrective this proposed rule would make the Participating Organizations. Under this action plan may be implemented in determination of the State agency new authority, State agencies are SFSP is 10 days, whereas in the CACFP review official final and not subject to required to follow the procedures for the this maximum timeframe is 90 days. further administrative review. The termination of participation of Because SFSP and CACFP are proposed rule also would require the institutions in the SFSP established by administered by the same State agency State agency to notify the Department at the Secretary. The procedures for in many States, using similar least 30 days prior to establishing an termination must include a provision procedures is expected to facilitate and assessment. for a fair hearing and prompt streamline the implementation of the Finally, the proposal would provide determination for any service institution SFSP termination and disqualification the Department and the State agency the aggrieved by any action of the State process. Thus, the Department will authority to suspend or terminate the agency that affects the participation of develop a National Disqualified List participation of an entity if the the service institution in the SFSP or the (NDL) for SFSP that is modeled after the established assessment is not paid. claim of the service institution for current CACFP NDL. This rule also proposes to amend the reimbursement. The Secretary is The proposed rule makes a number of SAE regulations at § 235.11(c) to required to maintain a list of institutions changes throughout the SFSP incorporate the Department’s authority and individuals that have been regulations in order to present a holistic to establish an assessment against a terminated or otherwise disqualified approach to the termination and State agency, the violations for which an from participation in the SFSP and to disqualification process. An overview of assessment would be established, and make the list available to States for use the proposed changes follows. the monetary limits to which an in approving or renewing applications The proposed rule would add the assessment may be established. by institutions for participation in the following definitions to § 225.2, The proposed rule would expand the SFSP. Definitions. These definitions are current criteria previously established Prior to enactment of the HHFKA, the generally consistent with those set forth in regulation for establishing an Department and State agencies did not in the CACFP regulations at § 226.2: assessment to include the State’s failure have the authority to disqualify SFSP • Administrative review means a fair to correct both State and local sponsors. Current regulations at hearing provided upon request to an mismanagement of the program as a § 225.11(c) only provide authority to entity that has been given notice by the violation for which an assessment may terminate sponsor participation. These State agency of any action that will be established. This reflects the State regulations prohibit State agencies from affect their participation or agencies’ responsibility for ensuring the entering into an agreement with any reimbursement in the SFSP. proper administration of the programs at applicant sponsor, or allowing • Administrative review official both the State and local level. participation in the Program, of a means the independent and impartial As with program operators, this sponsor that was seriously deficient in official who conducts the administrative proposed rule would provide State its operation of the SFSP, or any other review. agencies the ability to appeal any Federal Child Nutrition Program. • National disqualified list mean a assessment established through the Additionally, State agencies are list, maintained by the Department, of existing administrative review process required to terminate the Program sponsors, responsible principals, and for State agencies in § 235.11(g), would agreement with any sponsor determined responsible individuals disqualified make the determination of the to be seriously deficient and provide a from participation in the SFSP.

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• Responsible principal or Identification Numbers (FEIN) and/or concealing criminal convictions, that responsible individual means a sponsor the Dun and Bradstreet Data Universal occurred in the past seven years and principal, any other individual Numbering System (DUNS) numbers. that indicate a lack of business integrity; employed by, or under contract with, a This information would be included in • A significant number of Program sponsor, or an individual not entries submitted by the State agency for violations at a site; compensated by the sponsor, placement on the SFSP NDL if the • Termination or disqualification determined to be responsible for a sponsor is terminated for cause. Limited from another Child Nutrition Program; sponsor’s serious deficiency. access to the SFSP NDL would be and • Seriously deficient means the status granted to authorized State agency • Any action affecting a sponsor’s of a sponsor that has been determined personnel tasked with decisions ability to administer the Program in to be non-compliant in one or more regarding application approvals or accordance with Program requirements aspects of its operation of the Program. terminations from participation. Additionally, proposed paragraph (c) • State agency list means a list However, FNS is particularly interested would allow no more than 10 days for maintained by the State agency, which in comments regarding this proposed corrective action to be completed, includes a synopsis of information change and whether sponsors, in unless otherwise approved by the concerning seriously deficient sponsors addition to State agencies, should also Department. If the State agency cannot and which must be updated throughout have limited access to the SFSP NDL. confirm that serious deficiencies have all stages of the termination and In addition the proposed rule would been fully and permanently corrected, disqualification process. expand paragraph (c)(2)(ii) to require in accordance with § 225.6(b)(9), the Maintaining a State agency list is a new sponsors and sponsors who have sponsor would be terminated. Current new requirement for State agencies experienced problems in the prior year regulations do not specify a timeframe under this proposed rule. to submit a certification, similar to that for corrective action and CACFP Under current § 225.6(b), Approval of which is required under the CACFP, regulations allow for a timeframe of 90 sponsor applications, paragraph (b)(9) that: days. However, given the short duration prohibits the State agency from • The information on the application, of SFSP, the Department determined a approving the application of any as required in paragraph (c)(1) is true 10-day timeframe would best meet the applicant sponsor that has been and correct; needs of the SFSP in ensuring Program determined to be seriously deficient. • Serious deficiencies identified integrity. State agencies, institutions, However, the State agency may approve during the previous year have been fully and sites are encouraged to address the the application of a sponsor that has and permanently corrected; sufficiency of the proposed 10-day been disapproved or terminated in prior • The sponsor, sites under its corrective action timeframe in their years if the applicant demonstrates to jurisdiction, or any responsible comments on the rule. the satisfaction of the State agency that principals have not been terminated for Proposed § 225.11(d), Serious it has taken appropriate corrective cause from any Child Nutrition Program deficiency procedures, would identify actions to prevent recurrence of the during the past seven years unless the actions a State agency must take to deficiencies. This proposed rule would reinstated in, or determined eligible for, declare an institution or individual expand paragraph (b)(9) to require the that program, including by the payment seriously deficient. This proposed State agency to develop policies and of any debts owed, or are not currently paragraph is new to the SFSP and is procedures to confirm that serious on the CACFP or the SFSP NDL; and modeled after the CACFP serious deficiencies have been fully and • The sponsor, sites under its deficiency notification procedures permanently corrected. This jurisdiction, or any responsible found at § 226.6(c)(1)(i), confirmation must address the principals have not been convicted of § 226.6(c)(1)(iii)(A), and circumstances that led to the serious any activity that occurred during the § 226.6(c)(2)(iii)(A). Under the proposed deficiency, the responsible parties, the past seven years and that indicated a rule, if an entity is seriously deficient, timeframe for corrective action, and lack of business integrity. the State agency must declare it as such policies and/or procedures that are in Current Program regulations at and send a notification of serious place to avoid recurrence of the serious § 225.6(d), Approval of sites, identifies deficiency to the applicable parties. At deficiency within the same Program criteria State agencies must consider the same time the notice is issued, the year or in subsequent Program years. when approving sites for participation State agency would be required to add Under current Program regulations at in the SFSP. This proposed rule would applicable parties to the State agency § 225.6(c), Content of sponsor expand the criteria in paragraph (d) to list, indicate that the notice of serious application, paragraph (c)(1) establishes specify that State agencies may not deficiency(ies) has(ve) been issued, basic application requirements, and approve a site if the site or its include the basis for the serious paragraph (c)(2)(ii) requires new responsible individuals are currently on deficiency determination, and provide a sponsors and sponsors that have the CACFP or the SFSP NDL or have copy of the notice to the Department. experienced significant operational been terminated for cause from the Proposed § 225.11(d)(4) incorporates the problems in the prior year to include NSLP, SBP, or SMP. required components of this notice. additional information in their The proposed rule would make a Proposed § 225.11(d)(5) addresses the application. number of revisions to § 225.11, proposed requirements for the State This rule proposes to expand including re-titling the section as agency list. The State agency list, as paragraph (c)(1) to require the Administrative actions for program discussed above, would include a application to include the following violations, and reorganizing the synopsis of information concerning information: Full legal name; any provisions. seriously deficient sponsors and would previously used names; mailing address; Proposed § 225.11(c), List of serious be updated throughout all stages of the and date of birth of the sponsor’s deficiencies, would revise existing termination and disqualification principals, which includes, but is not paragraph (c) to expand the list of process. The requirement to maintain a limited to, the Executive Director and serious deficiencies to include: State agency list is new to the SFSP and Chairman of the Board of Directors; and • The submission of false information is modeled after the CACFP State the sponsor’s Federal Employer to the State agency, including agency list. As previously mentioned,

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the term, State agency list, is defined in agreement if timely corrective action is issued, the State agency must update the proposed § 225.2. not taken to fully and permanently State agency list and provide a copy of Proposed § 225.11(e), Corrective correct the serious deficiency. This the notice and related information to action procedures, restates the paragraph is new to SFSP and is FNS. If the State agency does not provisions of existing § 225.11(f)(1), modeled after the CACFP termination administer all the Child Nutrition which require the sponsor to take procedures. However, the SFSP process Programs, the State agency must notify corrective action for violations differs in that termination occurs the State agency administering the other identified on a site review. The immediately following failed corrective programs of the disqualification. The proposed rule expands the corrective action, but includes an opportunity for proposed rule would also require State action requirement for serious administrative review. As noted above agencies to develop a process to notify deficiencies requiring a longer-term in discussing the distinctions between WIC State agencies of entities or revision of management systems, the Programs’ corrective action individuals terminated for cause or meaning actions that require a timeframes, the short duration of the disqualified. These proposed actions are significant amount of time to ensure the SFSP dictates a more immediate need to new to SFSP and are modeled after the serious deficiency is properly protect Program integrity through quick CACFP agreement termination and addressed. In such situations, the resolution of an institution’s serious disqualification procedures found at proposal would require the corrective deficiencies or removal from SFSP. § 226.6(c)(1)(iii)(E) and action plan to identify serious Proposed paragraphs (g)(2) through § 226.6(c)(2)(iii)(E). deficiencies and a date by which (g)(4) would restate existing SFSP Proposed § 225.11(i), National corrective action must be completed and provisions requiring the State agency to disqualified list, would reference the would clarify the State agency’s terminate a sponsor’s site if the sponsor authority of the Department to maintain monitoring responsibility. At the same fails to take corrective action noted in an NDL and make the list available to time, the State agency would be the State agency’s review report or if all State agencies. This proposed required to revise the State agency list there is an imminent threat to the health paragraph is new to the SFSP and is to indicate that the corrective action and safety of the participating children, modeled after the CACFP NDL plan has been submitted, and provide a and to notify any food service requirements found at § 226.6(c)(7). copy of the plan to the Department. management company providing meals Once placed on the SFSP NDL, an entity Proposed § 225.11(f), Successful to a site within 48 hours of a site’s or individual may not participate in any corrective action, would identify the termination. of the Child Nutrition Programs in any procedures a State agency must take if Proposed paragraphs (g)(5) and (g)(6) capacity. The entity or individual must the serious deficiency is fully and would require the State agency to remain on the list until the Department, permanently corrected. This proposed terminate an institution’s agreement if in consultation with the State agency, paragraph is new to SFSP and is the Department or another State determines that the entity or individual modeled after the CACFP successful determines the institution to be is no longer seriously deficient, or until corrective action process found at seriously deficient and subsequently seven years have elapsed since the § 226.6(c)(1)(iii)(B) and disqualifies the institution in this disqualification, provided all debts § 226.6(c)(2)(iii)(B). Under the proposed Program or any other Child Nutrition owed have been paid. rule, the State agency would notify all Program. Section 362 of the HHFKA The Department also is proposing to affected parties that the State agency has amended section 12 of the NSLA (42 amend § 225.13, Appeal Procedures, to accepted the corrective action. For those U.S.C. 1760) to prohibit any school, include the opportunity to appeal the sponsors whose applications were institution, service institution, facility, termination of a sponsor’s agreement denied, the State agency would afford a or individual that has been terminated and any other action of the State agency new or renewing sponsor the from any Child Nutrition Program from affecting a sponsor’s participation, or its opportunity to resubmit its application. participating in or administering any claim for reimbursement. Proposed Under the proposed rule, if the State Child Nutrition Program. This provision § 225.13(e) would require State agencies agency initially determines that the requires expanded access to the CACFP to provide its administrative review sponsor’s corrective action is complete, or SFSP NDL allowing State agencies to procedures to sponsors annually and but later determines that the serious conduct oversight of sections 322 and upon request. Under this proposal, upon deficiency has recurred, the State 362 of the HHFKA. termination, sponsors would be agency would move immediately to Under proposed paragraph (g)(7), the provided an opportunity to request an issue a notice of termination and State agency must notify all affected administrative review. However, disqualification, which is similar to the parties that the State agency has disqualification from the Program process used in CACFP. However, FNS terminated the sponsor’s agreement or would not be subject to appeal. is particularly interested in comments participation of the sponsor’s site. The Although current regulations at regarding this proposed change and notice would include the procedures for § 225.13(b)(1) allow sponsors to whether it would be more effective to seeking an administrative review of the continue operation during an appeal of provide the State agency with discretion State agency’s decision. termination, unlike the procedures in to restart the serious deficiency process Proposed § 225.11(h), Disqualification CACFP, sponsors are not eligible for for recurring deficiencies when procedures, would identify the continued reimbursement during this appropriate, rather than requiring disqualification procedures a State period. This modification is necessary immediate termination and agency must take in the event that the due to the short duration of the SFSP. disqualification. time to request an administrative review If the termination is ultimately upheld Proposed § 225.11(g), Termination expires or when the administrative upon review, the sponsor and procedures, would incorporate the review official upholds the State responsible individuals would be termination procedures a State agency agency’s decision. disqualified; if the termination is must take if the corrective action plan Under the proposed rule, the State overturned, the sponsor would be is not successfully completed. Proposed agency must notify all affected parties eligible for reimbursement for properly paragraph (g)(1) would require the State who have been disqualified. At the same documented meals served during the agency to terminate the sponsor’s time the notice of disqualification is review period, unless the termination

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was based on imminent danger to the State agency’s inability to effectively Current regulations at § 226.6(m)(6) health or safety of children. monitor a remote location or an require State agencies to annually Accordingly, the proposed rule institution’s desire to self-terminate. No review at least 33.3 percent of all changes are found at §§ 225.2, 225.6(b), change is made to current regulations institutions participating in the CACFP 225.6(c)(2)(ii)(E), 225.6(c)(2)(ii)(D), prohibiting termination for convenience in each State. Institutions with 1 to 100 225.6(d), 225.11, 225.13(a), 225.13(e), once an entity has been declared facilities must be reviewed at least once and 225.18(b). seriously deficient and corrective action every three years. Institutions with more Section 331(a) and 321 of the HHFKA: has not been completed and approved. than 100 facilities must be reviewed at The proposal also would amend the Termination of Operating Agreements in least once every two years. New CACFP definition of Termination for CACFP and SFSP institutions with five or more facilities convenience in § 226.2. As currently must be reviewed within the first 90 Section 331(a) of the HHFKA defined, Termination for convenience days of operation. This proposed rule amended section 17(d)(1) of the NSLA means termination of a day care home’s would amend § 226.6(m)(6) to modify (42 U.S.C.1766(d)(1)) to require all Program agreement by either the the review requirements for institutions institutions that meet the conditions of sponsoring organization or the day care that must be reviewed at least every two eligibility for participation in the home, due to considerations unrelated years. In addition to reviewing CACFP to enter into permanent to either party’s performance of Program institutions with more than 100 agreements with the respective State responsibilities under the agreement. facilities as currently required, the agency. Previously this was not a Under the proposed rule, the definition proposal also would require the State requirement, but only an option for would be expanded to include agency to review, at least every 2 years, State agencies. Similarly, section 321 of agreements between the State agency institutions with 1 to 100 facilities that the HHFKA amended section 13(b) of and an institution, and a sponsoring conduct activities other than CACFP, the NSLA (42 U.S.C. 1761(b)) to require organization and an unaffiliated center. and institutions that have been institutions that meet the conditions of This change is intended to reflect identified during a previous review as eligibility for participation in the SFSP sections 331(a) and (c) of the HHFKA, having serious management problems, to enter into permanent agreements with which require permanent operating or that are at risk of having serious the applicable State agency. State agreements between State agencies and management problems. Institutions that agencies were advised of the section institutions and between sponsoring conduct activities other than CACFP 331(a) and section 321 requirements for organizations and sponsored centers. with more than 100 facilities are permanent operating agreements in a The proposed rule also would amend currently reviewed at least once every memorandum issued January 14, 2011, SFSP regulations at § 225.6(e) to two years; therefore, the proposed rule Child Nutrition Reauthorization 2010: incorporate changes related to would not alter the review requirement Permanent Agreements in the Summer termination for cause and end of for these institutions. Food Service Program and the Child Program activity in the SFSP Examples of criteria to be considered and Adult Care Food Program (CACFP comparable to those discussed above for as posing a risk of serious management 07–2011 and SFSP 03–2011). the CACFP. Because the SFSP problems include: Change in ownership Section 331(a) and section 321 allow regulations currently do not include a or significant staff turnover; change in State agencies and institutions which definition of Termination for licensing status; complaints received by enter into permanent agreements in convenience, no changes are made to facilities, day care providers, or either the CACFP or SFSP to terminate the SFSP definitions. participants; significant change in the a permanent agreement for convenience. Accordingly, the proposed rule number of claims submitted; or As a result, either party to the changes are found at §§ 225.2, significant increase in the number of permanent agreement may terminate the 225.6(b)(4) and 225.6(c). sponsored facilities or day care homes. agreement for considerations unrelated Section 331(b) of the HHFKA: State The composition of institutions varies to the institution’s performance of throughout each State, therefore, program responsibilities under the Agency Sponsor Review Requirements in the CACFP determining the burden placed on State agreement. In addition, sections 331(a) agencies by requiring more frequent and 321 require State agencies to (1) Section 331(b) of the HHFKA reviews of institutions is difficult to terminate the permanent agreement for amended section 17(d) of the NSLA (42 predict. The Department asks for cause; or (2) terminate the permanent U.S.C. 1766(d)) to direct the Department comments regarding the effect this agreement when an institution’s to develop a policy for required reviews proposed rule will have with respect to participation in the program ends. of institutions in the CACFP. As the frequency and number of reviews To effect the changes required by directed by the statute, each State the State agency would be required to section 331(a) in CACFP, the proposed agency must conduct: (1) At least one administer. rule would revise § 226.6(b)(4) to scheduled site visit at not less than 3- Accordingly, the proposed rule require State agencies to: (1) Terminate year intervals to each institution to changes are found at § 226.6(m)(6). an institution’s agreement whenever an identify and prevent management institution’s participation in the deficiencies and fraud and abuse under Section 332 of the HHFKA: State Program ends; and (2) terminate the the Program and to improve Program Liability for Payments to Aggrieved agreement for cause in accordance with operations; and (2) more frequent Child Care Institutions CACFP regulations. In addition, the reviews of any institution that sponsors Section 17(e) of the NSLA (42 U.S.C. proposed rule would allow the State a significant share of facilities 1766(e)) requires State agencies to agency or institution to terminate the participating in the Program, conducts provide an opportunity for a fair hearing agreement at the convenience of the activities other than the CACFP, has and a prompt determination to any State agency for considerations serious management problems as institution aggrieved by any action by unrelated to the institution’s identified in a prior review, is at risk of the State agency that affects either the performance of Program responsibilities having serious management problems, participation of the institution in the under the agreement. Examples of or meets such other criteria as are CACFP or the claim of the institution for termination for convenience include a defined by the Department. reimbursement in the CACFP.

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Section 332 of the HHFKA amended meet the 60-day timeframe set forth in The Department considered changing section 17(e) of the NSLA (42 U.S.C. paragraph (k)(5)(ix) would pay all valid the 60-day timeframe currently set forth 1766(e)) to require State agencies failing claims for reimbursement to the in § 226.6(k)(5)(ix) to alleviate any to meet required timeframes in institution during the period beginning burden State agencies may face as a providing a fair hearing and a prompt on the 61st day and ending on the date result of financial and/or administrative determination to pay all valid claims for on which the hearing determination is challenges. However, the 60-day reimbursement to the appellant made. The Department would notify the timeframe is intended to provide those institution and the facilities of the State agency of its liability for all valid seeking administrative review with a institution, using funds from non- claims for reimbursement to an prompt determination while protecting Federal sources. The State’s liability for aggrieved institution(s) at least 30 days the use of Federal funds against these claims begins on the day after the prior to imposing any liability. Liability noncompliant entities. The TME end of any regulatory deadline for for reimbursement would begin 61 days findings do not provide a clear providing the opportunity for a fair following the State agency’s receipt of a resolution to meeting these hearing and making the determination, request for an administrative review and counterbalancing priorities. Thus, the and ending on the date on which a end on the date on which a hearing Department is requesting comments on hearing determination is made. Section determination is made. During this the 60-day timeframe and any 332 directs the Department to provide period, the State agency would be modification which would meet State written notice of this liability to a State required to pay from non-Federal needs without compromising the need agency at least 30 days prior to the sources all valid claims for for a timely decision for the appellant imposition of any liability for reimbursement to the aggrieved and maintaining CACFP integrity. reimbursement. institution. The Department expects Finally, the proposed rule at Current regulations at § 226.6(k)(5)(ix) State agencies to assess the validity of § 226.6(k)(11)(ii) would afford a State specify the procedures for such claims using the same standards agency the opportunity to seek a administrative reviews in CACFP. used to review all claims for reduction or reconsideration of its Under those procedures, State agencies reimbursement. The Department would liability by submitting to the must acknowledge the receipt of the monitor the approval and payment of Department information concerning the request for an administrative review such claims during management State’s liability for reimbursement to an within 10 days of its receipt of the evaluations to ensure State agencies act aggrieved institution, including request. Within 60 days of the State in good faith when assessing the information regarding any mitigating agency’s receipt of the request for an validity of claims once State liability is circumstances. administrative review, the imposed. This proposed requirement is The Department recognizes the administrative review official must expected to improve State compliance financial implications for State agencies inform the State agency, the institution’s with the required timeframes for fair resulting from implementation of this executive director and chairman of the hearings, thus improving the proposed rule and will assist State board of directors, and the responsible stewardship of Federal funds. agencies’ efforts to ensure their principals and responsible individuals administrative review structures meet of the administrative review’s outcome. During fiscal years 2010 and 2011, the the required timeframes. The Current regulations at Department conducted CACFP Targeted Department also recognizes that many § 226.6(c)(3)(iii)(E)(5) specify that all Management Evaluations (TMEs) of State agencies are experiencing difficult valid claims for reimbursement must be State agencies administering the CACFP fiscal circumstances. The Department paid to the institution and the facilities to identify patterns of regulatory non- will work with the State agencies to of the institution while under compliance with the serious deficiency establish milestones to implement this administrative review unless the State process. For the 10 most recent appeals provision and minimize potential or local health or licensing officials have of a Notice of Proposed Termination, financial burdens. The Department cited an institution for serious health or State agencies were asked to determine encourages State agency commenters to safety violations. the average number of days elapsed address the financial implications of This proposed rule would make no between the State agency’s receipt of an this proposed rule as related to their changes to the existing administrative institution’s request and the date of the State and suggest appropriate review procedures or timeframes. administrative review official’s milestones the Department could However, the proposed rule at decision. Of the 21 State agencies for require of State agencies during § 226.6(k)(5)(ii) would require the State which TMEs were completed in FY implementation. agency to provide a copy of the written 2010 and for which appeal data was Accordingly, the proposed rule request for an administrative review, provided, on average, 9 completed the changes are found at §§ 226.6(k)(5)(ii), including the date of receipt of the administrative review process within 226.6(k)(5)(ix) and 226.6(k)(11). request, to the Department within 10 the required 60 days; 13 within 90 days; days of receipt of the request. This and 14 within 120 days. In some Section 335 of the HHFKA: CACFP information would allow the instances, the date on which a hearing Audit Funding Department to track State agency determination was made was hundreds Section 17(i) of the NSLA (42 U.S.C. progress and timeliness in meeting the of days after receipt of the State agency’s 1766(i)) authorizes the Secretary to required administrative review request for an administrative review, provide funds to each CACFP State timeframe. resulting in appellants continuing to agency to conduct audits of The proposed rule at § 226.6(k)(5)(ix) earn Federal reimbursement for long participating institutions. Each fiscal would inform State agencies failing to after the required 60-day review period year, each State agency receives up to meet the required timeframe for had elapsed. Shifting the responsibility 1.5 percent of the funds used by the providing a fair hearing and a prompt to State agencies for payments to State in the Program during the second determination of their liability to pay all aggrieved child care institutions is preceding fiscal year for this purpose. valid claims for reimbursement to the expected to serve as a deterrent to those Section 335 of the HHFKA amended institution. Under § 226.6(k)(11) of the State agencies that have habitually section 17(i) of the NSLA, 42 U.S.C. proposal, a State agency that fails to failed to meet the required timeframes. 1766(i), to allow the Department to

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make available, for each fiscal year based on criteria related to the effective include the term ‘‘local agencies,’’ the beginning 2016 (i.e., October 1, 2015), use of funds to improve program Department determined that this and each fiscal year thereafter, management. The Department expects provision does not apply to the WIC additional funding for a total of up to 2 this criteria to include a description of Program, but State agencies must notify percent of the funds used by each State the additional audit and other allowable WIC State agencies of entities agency in the Program during the activity (e.g., additional review activity) disqualified from participation in any second preceding year, if the State the State agency would conduct. The Child Nutrition Program so WIC State agency can effectively use the funds to Department expects this process to be agencies may look into potential threats improve Program management under similar to the process currently used for to WIC Program integrity. Finally, the criteria established by the Department. reallocation of State administrative Department also determined that the This provision is expected to allow for funds. term ‘‘individuals’’ refers to responsible better Program management and principals or responsible individuals, Section 362 of the HHFKA: Disqualified improve the integrity of the CACFP. and not individuals receiving nutrition Schools, Institutions, and Individuals Program integrity audits are an assistance benefits under the Child integral component of the CACFP, Section 362 of the HHFKA amended Nutrition Programs. allowing State agencies to monitor section 12 of the NSLA (42 U.S.C. 1760) Second, section 362 identifies Program funding and operations to to prohibit any school, institution, ‘‘termination’’ from a Child Nutrition ensure that providers and sponsors are service institution, facility, or Program as a criterion which results in operating the Program in accordance individual that has been terminated ineligibility for participation in or with the law. In accordance with the from any Child Nutrition Program (i.e., administration of any Child Nutrition NSLA, current regulations at § 226.4(j) the NSLP, SMP, SBP, SFSP, and Program. However, as discussed later in require funds be made available for the CACFP), and that is on the CACFP and this preamble, two types of termination expense of conducting audits and SFSP NDL, from being approved to may be invoked in CACFP. One type is reviews to each State agency in an participate in or administer any Child termination for convenience which is amount equal to 1.5 percent of the Nutrition Program. This provision is not performance based, and can be used Program reimbursement provided to expected to protect program integrity by either party. The Department institutions within the State. and federal funds since entities that determined that termination for Additionally, the amount of assistance have been terminated or disqualified convenience does not warrant provided to a State agency for this from one Child Nutrition Program will disqualification from other Child purpose in any fiscal year may not be prevented from participating in all of Nutrition Programs because it is not exceed the State’s expenditures for the Department’s Child Nutrition based on failure to administer the conducting audits as permitted under Programs. Program. The second type of § 226.8 during such fiscal year. In assessing implementation of termination is termination for cause, To effect the changes envisioned by section 362, the Department determined based on failure to properly administer section 335, the Department proposes to the need to clarify three areas. First, the program or otherwise perform amend § 226.4(j), Audit funds, by section 362 prohibits approval of pursuant to the agreement. Upon making minor technical changes to schools, institutions, service review, Department concluded that existing language and including the institutions, facilities, and individuals ‘‘termination’’ in section 362 refers to opportunity for State agencies, which have been terminated or termination for cause. beginning in fiscal year 2016 and each disqualified from any Child Nutrition Third, section 362 prohibits a State fiscal year thereafter, to request an Program. However, additional types of agency from approving for participation increase in the amount of audit funds. entities participate in the Child in or administration of the Child The technical changes correct the Nutrition Programs. The Department Nutrition Programs, any entity misuse of the phrase ‘Program concluded, then, that the prohibition in terminated from a Child Nutrition reimbursement provided to institutions’ section 362 is not limited to those Program and appearing on the CACFP in reference to the Program funds used identified entities, but extends to all NDL or SFSP NDL. In practice, the to conduct audits. entities which participate in the Child NSLP, SMP, and SBP currently do not This proposed change is consistent Nutrition Programs in similar capacities. maintain or refer to an NDL. It is with section 17(i) of the NSLA (42 This furthers the intended effect of possible that school food authorities U.S.C. 1766(i)) and does not alter the section 362, which is to prevent an which also participate in CACFP would current formula used to calculate audit entity terminated or disqualified from appear on the CACFP NDL. In the future funds. The proposed rule would also one Child Nutrition Program from and pursuant to section 322 as require approval by the Department for participating in another Child Nutrition discussed earlier, a school food increased funding. Such approval Program. Thus, the rule also would authority terminated from SFSP would be based on criteria related to the apply to school food authorities, child participation would be added to that State agency’s ability to effectively use care institutions, sponsoring Program’s NDL. The Department the funds to improve Program organizations, sites, day care centers, concluded that in order to fully management. Additionally, the and day care homes which participate implement the intent of Congress to proposed rule would limit the total in the Child Nutrition Programs. protect integrity of all Child Nutrition amount of audit funds made available to This provision only applies to the Programs as expressed in section 362, a State agency to 2 percent of Program entities authorized to participate in the the implementation of the provision funds used by the State during the Child Nutrition Programs. Entities should be read more broadly to prohibit second fiscal year preceding the fiscal administering the Special Supplemental participation in or administration of any year for which the funds are made Nutrition Program for Women, Infants Child Nutrition Program. available. and Children (WIC) (or to the WIC For these reasons, the proposed rule The proposed rule would allow State Farmers’ Market Nutrition Program) would prohibit an entity’s participation agencies to submit a request for an under section 17 of the Child Nutrition if it meets either criterion. In other increase in the amount of audit funds. Act of 1966 are referred to as ‘‘local words, the State agency may not The Department’s approval will be agencies.’’ Because section 362 does not approve any entity terminated from a

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Child Nutrition Program or any entity proposed rule would also require State Current CACFP regulations at § 226.6 appearing on the CACFP or SFSP NDL agencies to develop a process to notify include serious deficiency, termination, for participation in or administration of WIC State agencies of the entities’ or and disqualification procedures for any Child Nutrition Program. The individuals’ termination for cause, since sponsored day care homes, but not Department encourages commenters to they might be associated with the WIC sponsored centers. There are two types address this proposed interpretation. Program. The Department has chosen to of sponsored centers, affiliated and Thus, this proposed rule amends the allow State agencies to develop their unaffiliated. Unlike affiliated centers, regulations for the NSLP, SMP, SBP, own process due to the different unaffiliated centers are not part of the and SFSP to prohibit a State agency organizational structures of each State. same legal entity as the sponsoring from approving any school, school food CACFP and SFSP State agencies will organization responsible for authority, institution, service be required to develop a process to administration of the CACFP. Currently, institution, facility, individual, share information on entities and if an unaffiliated center is seriously sponsoring organization, site, child care individuals terminated or disqualified deficient in the operation of the institution, day care center, or day care with other Child Nutrition Programs if Program, it is the sponsor which a State home from participating in or such a process is not presently in place. agency would declare seriously administering the Program if the entity Under § 226.6(b)(1)(xiii), Program deficient. In practice, it is the or its officials: (1) Have been terminated participation is prohibited when the responsibility of the sponsor to for cause from any Child Nutrition institution or any of its principals have complete the corrective action plan, and Program; or (2) are currently listed on been declared ineligible for any other it is the sponsor that will ultimately be the CACFP NDL or SFSP NDL. publically funded program by reason of terminated and disqualified from the Current regulations for CACFP violation that program’s requirements. Program if the serious deficiency is not address the duration of ineligibility. Therefore, the Department expects corrected. Additionally, current Under § 226.6(b)(1)(xiii), an entity CACFP State agencies to currently have regulations permit the sponsor to simply remains included on the CACFP NDL such process in place. To avoid end its association with a seriously and thus ineligible to participate in duplicative efforts and streamline deficient unaffiliated center, rather than CACFP, until the State agency, in efforts, the Department expects to utilize implementing corrective action to consultation with the Department, the database currently used to maintain eliminate the serious deficiency and determines that the deficiency(ies) that the NDL by the Department for the come into compliance with Program resulted in the ineligible status has(ve) CACFP for the SFSP NDL. regulations. Therefore, under current been corrected, or seven years have regulations, it is possible for a The Department requests comments passed. In all cases, all debts owed must problematic unaffiliated center that has on this requirement, specifically the be repaid prior to removal from the been removed from the CACFP to process State agencies may propose to CACFP NDL. State agencies are required participate in the Program under share information, and the potential to consult the CACFP NDL when another sponsor, or in another Child obstacles or burdens a State agency may reviewing any entity’s new or renewal Nutrition Program, without the face. The Department also asks for application, and to deny the entity’s knowledge of the State agency that a comments on the extent to which State application if either the entity, or any of serious management deficiency exists in agency access to the NDLs would have its principals, is on the CACFP NDL. that facility. The proposed rule would adopt the to be expanded under these proposed The Department has identified CACFP CACFP approach to limiting the requirements. integrity issues arising from the inability duration of ineligibility. Accordingly, the proposed rule to declare unaffiliated centers as Under this proposed rule, the State changes are found at §§ 210.9(d), seriously deficient and to terminate and agency’s decision not to approve an 215.7(g), 220.7(h), 225.6(b)(12), disqualify the centers from CACFP entity to participate in or administer a 225.6(c)(2)(ii)(E)(3), 225.6(d)(1)(v), participation. Currently, problematic program based on the entity’s 225.6(e), 225.11(c)(5), 225.11(h)(2), unaffiliated centers and operators of termination for cause from a Child 225.14(c)(3), 225.14(c)(4), and those centers are not disqualified from Nutrition Program or placement on the 226.6(b)(1)(xiii). participation if they are found to be in CACFP NDL or SFSP NDL is final and Serious Deficiency and Termination violation of Program requirements. not subject to further administrative or Procedures for Sponsored Centers in the Rather they may terminate their judicial review. This rule also proposes CACFP participation voluntarily and seek to that for entities currently administering participate in the Program under a program, the State agency must use This proposed rule also amends another sponsoring organization, procedures currently specified in current CACFP regulations, to make a putting Program integrity at risk. regulations to suspend or terminate corresponding change as a result of the This proposed rule would establish participation if it is discovered that the intended effect of section 362. The serious deficiency, termination, and entity was terminated for cause from provision explicitly prohibits entities disqualification procedures for another Child Nutrition Program. terminated or disqualified from one unaffiliated sponsored centers Finally, the proposed rule would Child Nutrition Program from being consistent with the procedures require State agencies to develop a approved to participate in or administer established for day care homes in process to share information about any Child Nutrition Program. Approval current regulations. Specifically, the entities and individuals no longer or participation of seriously deficient Department proposes to amend § 226.2, eligible to administer or participate in sponsored child or adult day care Definitions, to require inclusion of the programs within the State. The center, then, would be contrary to the unaffiliated centers and the full legal process must be approved by the intent of that provision. In order to name and any other names previously Department and must ensure the State implement section 362, this proposed used of entities on the State agency list. agency works closely with any other rule would create serious deficiency, The Department proposed to add the State agency administering a Child termination, and disqualification definition of Sponsored Center in a Nutrition Program to ensure information procedures which are essential to separate proposed rule published April is shared on a timely basis. The meeting the intent of statute. 9, 2012, in the Federal Register (77 FR

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21018), Child and Adult Care Food applying the same requirements to day and/or (2) the proper value of USDA Program: Amendments Related to the care homes and unaffiliated centers, foods returned to their nonprofit food Healthy, Hunger-Free Kids Act of 2010. where applicable. service account. For the most part, OIG Under that proposal, Sponsored Center A technical change was made under concluded that the instances arose from is defined to mean a center that operates the proposed rule in § 226.2 to the problematic language in cost- the Program under the auspices of a definition of ‘Facility’ by removing the reimbursement contracts between sponsoring organization and is word ‘family’ to correct the meaning of FSMCs and local school food categorized as either an affiliated or facility as sponsored center or day care authorities. FNS has attempted to unaffiliated center. Unaffiliated centers home. resolve such issues by requiring State would be entities required to have Accordingly, the proposed rule agencies to review contracts prior to permanent agreements with their changes are found at §§ 226.2, execution by school food authorities per sponsoring organization, as they are 226.6(c)(2)(ii)(H), 226.6(c)(3)(ii)(R), Program regulations at 7 CFR legally distinct from the sponsoring 226.6(c)(7), 226.6(c)(8), 226.6(l), 210.19(a)(5). Further efforts have been organizations, unlike affiliated centers 226.6(m)(3)(ix), 226.16(b), 226.16(c), made by FNS to educate State agencies that are part of the same legal entity. 226.16(d), and 226.16(l). and school food authorities through Under § 226.6(c)(3)(ii)(R), State Miscellaneous Provisions trainings on procurement standards agencies would be required to declare using national conferences, and sponsoring organizations seriously Elimination of Cost-Reimbursement stakeholder meetings. Likewise, deficient if they fail to properly Contracts Regional offices have offered additional implement the termination and Current Program regulations at 7 CFR trainings to State agency staff. FNS has administrative procedures required in 210.16(c) prohibit contracts which also provided technical assistance the Program. If an institution does not permit all income and expenses to during management evaluations, properly oversee the participation of accrue to the food service management reviewed State agency prototype their unaffiliated centers, they could be company, ‘‘cost-plus-a-percentage-of- solicitations and contracts, if available; declared seriously deficient by the State cost’’ contracts, and ‘‘cost-plus-a- assisted on administrative reviews to agency or the Department. assess school food authority contracts Under this proposed rule, throughout percentage-of-income’’ contracts. School food authorities are currently permitted and monitoring of contractor the disqualification process as specified performance; and developed tools to in § 226.6(c)(7) and § 226.6(c)(8), where to use two types of contracts when procuring Program goods and services. assist State agencies when reviewing day care homes are referenced, and approving school food authority unaffiliated centers are also included in Contracts that provide for fixed fees, commonly referred to as ‘fixed price contracts with FSMCs. This proposal is the requirement. The request for the next step in ensuring the oversight removal of a day care home, unaffiliated contracts,’ are those that provide for and monitoring of school food authority center, or responsible principal and management fees established on a per contracts with FSMCs. responsible individual from the CACFP meal basis. Cost-reimbursable contracts, NDL must be made by the State agency, an alternative to fixed price contracts, All school food authorities, including with concurrence by the Department. are those that provide for payment of sub grantees, must follow applicable The Department’s concurrence is allowable incurred costs. Unlike fixed Federal procurement regulations when necessary to ensure the serious price contracts, cost-reimbursable entering into agreements to purchase deficiencies no longer exist prior to contracts require the return of rebates, products and services under the NSLP. removal. discounts and credits on all costs from However, in evaluating State agency Under this rule, the administrative the food service management company oversight of FSMC contracts, during review process would be amended at to the school food authority. During agency compliance reviews and with § 226.6(l) and § 226.6(m) to include management evaluations, FNS has information provided by OIG audits and unaffiliated centers. The Department observed that non-compliant cost- investigations, FNS determined that proposes to allow State agencies to reimbursable contracts are becoming many school food authorities with make different elections with regard to more common. FSMC cost-reimbursable contracts are who offers the administrative review, Since 2002, the Department’s OIG has engaged in practices that weaken the either the State agency or the sponsoring conducted various reviews of the competitive procurement process. The organization, to day care homes and effectiveness of Federal and State most prevalent area of non-compliance unaffiliated centers. The Department oversight and monitoring of school food found in FSMC cost-reimbursable anticipates that while a State agency authority contracts with food service contracts is the failure to return the may prefer the sponsoring organization management companies (FSMCs). These value of discounts, rebates, and credits offer administrative reviews to day care OIG reports, entitled ‘‘National School to the nonprofit food service account. homes, the State agency may choose to Lunch Program—Food Service This loss represents millions of dollars offer administrative reviews to Management Company Contracts’’ for school food authority nonprofit food unaffiliated centers. published January 2013, ‘‘National service accounts annually. FNS has Under this proposed rule, § 226.16, School Lunch Program Cost- determined that it is too complex and Sponsoring organization provisions, Reimbursable Contracts with a Food burdensome for school food authority would be amended to include Service Management Company’’ staff to consistently and effectively unaffiliated centers wherever day care published December 2005, and ensure compliance with program homes are referenced, as applicable. ‘‘National School Lunch Program Food requirements across all cost- Additionally, § 226.16(l)(2) would be Service Management Companies’’ reimbursable contracts. State agencies amended by adding specific serious published April 2002, identified have expressed a lack of expertise and deficiencies applicable for unaffiliated compliance problems associated with the magnitude of monitoring centers only. Serious deficiency procurements at the local level. OIG transactions at this level is unduly procedures for sponsoring organizations identified some instances where school burdensome and growing. Increasingly, are also amended under this proposed food authorities were not receiving (1) school food authorities are moving from rule to include unaffiliated centers, purchase discounts and rebates in full self-operated programs to contracting

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operations with a FSMC. As a result of also approve, each contract and contract This proposed rule would require State agency challenges, FNS has amendment between any school food State agency and school food authority published guidance for school food authority and food service management staff tasked with procurement authorities on considerations before company. Requiring approval will serve responsibilities to successfully complete contracting the operation with a FSMC to strengthen oversight of compliance procurement training annually. The and on the benefits and burdens of with all the provisions and standards Department expects State agencies to fixed-price contracts and cost- before the execution of the contract by ensure required training includes reimbursable contracts. FNS has either party. State agencies, institutions, applicable State and Federal conducted trainings on this guidance for and FSMCs are encouraged to address procurement requirements as found in State agencies and made presentations the elimination of cost-reimbursable existing statutes and regulations. This at stakeholder national conferences, contracts as a type of food service requirement may be met at the provided technical assistance during management company contract school discretion of the State agency through a management evaluations, assisted State food authorities may use in the NSLP in variety of methods, including using agencies on administrative reviews of their comments on the rule. State developed procurement training or school food authorities and developed Accordingly, the proposed rule trainings on the aforementioned review tools to assist State agencies with changes are found at § 210.16 and procurement areas developed by other oversight. Additionally, FNS has § 210.19(a)(5). expert organizations such as the USDA engaged many stakeholders (industry, Annual Procurement Training in NSLP web-based procurement training offered State Agencies, school food authorities, by the National Food Service GAO, and OIG) in discussion on how to This rule also proposes to incorporate Management Institute, available at no best address these concerns. Despite recommendations made by the cost (http://www.nfsmi.org/Templates/ FNS’s technical assistance, training, and Department of Agriculture’s Office of TemplateDefault.aspx?qs= guidance, State agencies continue to Inspector General (OIG) audit report cElEPTEzNQ). State agencies and school report challenges, which are costly to entitled ‘‘National School Lunch food authorities would be required to school food authority nonprofit food Program-Food Service Management maintain documentation of compliance service accounts. Based on FNS’ Company Contracts’’ (Audit). with this provision. engagements, requiring fixed price Specifically, the audit found risk of Accordingly, the proposed rule contracts is the next logical step in misuse of Federal funds due to changes are found at § 210.15(b)(8), protecting and strengthening Program difficulties experienced by State § 210.20(b)(16), and § 210.21(h). agencies and school food authorities integrity. Financial Reviews of Sponsors in the This rule proposes to amend enforcing contractual terms and CACFP § 210.16(c) to eliminate cost- regulatory procurement requirements. reimbursable contracts as a type of food Therefore, this rule proposes that a Through TMEs of State agencies service management company contract portion of the professional standards conducted by the Department in fiscal school food authorities may use in the required for school nutrition programs years 2010 and 2011 and previous NSLP. This rule proposes to require the include procurement training management evaluations, it was use of only fixed-price contracts, such specifically for personnel tasked with determined that misuse of funds was as contracts that provide per meal and/ this key area. Further, such training often an indicator of a sponsoring or management fees established on a per must be documented. organization’s systemic Program abuse. meal basis, either with or without Currently, regulatory requirements It was also determined that financial economic price adjustments tied to a related to program operations training reviews of sponsors conducted by State standard index. In solicitations seeking are found in the professional standards agencies could be improved to better and resulting in a fixed-price contract, requirements for the NSLP. The detect and prevent the misuse of funds. contractors respond with bids/proposals Department issued a memorandum on Current regulations at § 226.7(g) that have already taken discounts, February 12, 2013, strongly encouraging require State agencies to approve rebates and other credits into periodic training for State agency and sponsors’ budgets and assess sponsors’ consideration when formulating their school food authority staff tasked with compliance with Program requirements, final bid prices; this holds true for any procurement responsibilities. See including ensuring that Program funds fixed-fee component of a cost- Guidance Reaffirming the Requirement are used only for allowable expenses. reimbursable contract. that State agencies and School Food Currently, the process by which sponsor Current Program regulations at 7 CFR Authorities Periodically Review Food compliance with CACFP financial rules 210.16(a)(10) require school food Service Management Company Cost is assessed is left to the discretion of the authorities who employ a FSMC in the Reimbursable Contracts and Contracts State agency, consistent with Program operation of its nonprofit school food Associated with USDA Foods (SP 23– regulations. Thorough reviews of service to ensure that the State agency 2013), http://www.fns.usda.gov/ sponsor financial records are vital in has reviewed and approved the contract guidance-reaffirming-requirement-state- ensuring Program integrity. The terms. However, current Program agencies-and-school-food-authorities- Department found that the financial regulations at 7 CFR 210.19(a)(5) require periodically-review-food. Given that the reviews conducted by State agencies each State agency to annually review, Audit, as well as the Department’s own were inconsistent with federal not approve, each contract and contract monitoring activities, determined that regulations and often lacked focus on a amendment between any school food program integrity may be at risk, it is sponsor’s CACFP bank account activity, authority and FSMC to ensure necessary to specifically require training but rather focused on matching the compliance with all the provisions and to ensure that all relevant staff are aware sponsors’ representation of their standards before the execution of the of procurement requirements. Under expenses to supporting documents. This contract by either party. This rule also such a requirement, State agency and often resulted in other suspicious proposes to amend and align 7 CFR school food authority staff annually transactions on a sponsor’s CACFP bank 210.19(a)(5) with the requirements in 7 would gain knowledge of procurement account to be left unnoticed if CFR 210.16(a)(10) to require each State requirements for implementation at the supporting documents presented were agency to annually review, and now State and local level. valid.

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Currently federal regulations do not expenditures with Program payments to procurement provisions that are require sponsors to fully account for ensure funds are fully accounted for, inconsistent with the foregoing their expenditure of CACFP funds. A and use the reported actual requirements. Specifically, they do not sponsor may use funds for both expenditures as the basis for selecting a mention the micro-purchase threshold allowable and unallowable sample of expenditures for validation. If and set the threshold for small expenditures, but provide a State agency the State agency identifies any purchases at $10,000. The $10,000 reviewer with receipts for only the expenditures that have the appearance threshold does not align with current allowable costs to support Program of violating Program requirements, the practices and is thus obsolete. administration. It is possible for the State agency would be required to refer Given the foregoing, the Department amount of the allowable expenditures to the sponsoring organization’s account is proposing to remove the $10,000 appear reasonable to a State reviewer if activity to the appropriate State figure and substitute language the expenditures match the authorities for verification as discussed referencing the applicable passages in approximations made in the sponsor’s above. the Uniform Guidance. This will benefit approved budget for that fiscal year. Accordingly, the proposed rule the CACFP by expanding the However, a reviewer is only required to changes are found at §§ 226.7(b), availability of the informal purchase confirm support for the receipts 226.7(m) and 226.10(c). methods. It will also resolve all provided by the sponsor and thus may Informal Purchase Methods questions about which threshold never be provided with or become applies, the one set by program aware of the sponsor’s unallowable Informal purchase methods are used in conducting the procurement of regulations or the one(s) given in the expenditures. Uniform Guidance. The Department will Also, the State agency’s current ability services, supplies, and other property no longer need to update the Program to monitor sponsors’ use of CACFP whose cost falls below the threshold regulations each time the thresholds are funds is limited. While sponsors must established for requiring a procuring adjusted for inflation. submit annual budgets for State agency entity to formally solicit bids or approval, which must detail the project proposals from suppliers. The Accordingly, the proposed rule expenditures by cost category, sponsors availability of informal purchase changes are found at §§ 226.21(a), are not required to report actual methods for procurements under 226.22(i)(1), 226.22(l)(2), and expenditures. Requiring annual Federal awards is covered in the 226.22(l)(3). reporting of actual expenditures would Uniform Administrative Requirements, The Department recognizes that the improve sponsor accountability, and Cost Principles, and Audit provisions in this proposed rule impact provide State agencies a means by Requirements for Federal Awards (the many aspects of State administration of which to identify misuse of CACFP ‘‘Uniform Guidance’’) published by the Child Nutrition Programs. As a result, funds. State agencies could then OMB at 2 CFR part 200 and adopted by the Department will provide guidance reconcile reported expenditures to USDA at 2 CFR part 400. The and technical assistance to State Program payments to ensure funds are Department is proposing to update agencies to ensure successful spent on allowable costs, and use the applicable program regulations at 7 CFR implementation of this regulation. reported actual expenditures as the 226.21 and 226.22 in order to bring their USDA anticipates that the provisions basis for selecting a sample of procurement provisions into conformity under this proposed rule would be expenditures for validation against the with the government-wide and implemented 90 days following sponsor’s CACFP bank account activity. departmental pronouncements publication of the final rule, with the To facilitate reconciliation, the report referenced above. exception of those related to should use the same cost categories as There are two types of informal assessments against State agencies and are used on the sponsor’s approved purchase methods: small purchases and program operators and CACFP audit annual budget. micro-purchases. These methods differ funds. The provision establishing The Department proposes to require in terms of dollar thresholds below criteria for assessments against State State agencies to have a system in place which their use is permitted, and the agencies and program operators would to annually review at least one month’s degree of informality that characterizes be implemented one school year bank account activity of all sponsoring each of them. The Uniform Guidance following publication of the final rule. organizations compared to documents sets the applicable dollar thresholds, The provision granting eligible State adequate to demonstrate that the which are periodically adjusted for agencies additional CACFP audit funds transactions meet Program inflation. 2 CFR 200.67 of the Uniform will be implemented upon publication requirements. Under this rule, if the Guidance authorizes a program operator of the final rule. State agency identifies any expenditures to use the micro-purchase method for a that have the appearance of violating transaction in which the aggregate cost IV. Procedural Matters Program requirements, the State agency of the items purchased does not exceed A. Executive Order 12866 and Executive reviewer could continue to investigate the prescribed threshold. 2 CFR 200.67 Order 13563 the account activity further or refer the currently sets the micro-purchase matter to someone else within the State threshold at $3,500. Under section Executive Orders 12866 and 13563 agency, such as an auditor. 200.88, a program operator can use the direct agencies to assess all costs and This proposed rule also would require small purchase method for purchases benefits of available regulatory State agencies to have a system in place ranging in cost from $3,501 to the alternatives and, if regulation is to annually review a report of actual simplified acquisition threshold of necessary, to select regulatory expenditures of Program funds and the $150,000. As noted above, formal approaches that maximize net benefits amount of meal reimbursement funds advertising is required for procurements (including potential economic, retained from centers (if any) for above that threshold. environmental, public health and safety administrative costs for all sponsoring 7 CFR 226.21 (Food service effects, distributive impacts, and organizations of unaffiliated centers. management companies) and 226.22 equity). Executive Order 13563 Under this rule, State agencies would be (Procurement standards) of the CACFP emphasizes the importance of required to reconcile reported regulations currently contain quantifying both costs and benefits, of

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reducing costs, of harmonizing rules, resulting in improved nutrition for $923 million in the SBP) in FY 2014. and of promoting flexibility. program participants; and Even small percentage point reductions This proposed rule has been • prompt compliance with new in these improper payment amounts, determined to be significant and was Federal regulations on school meal which the rule’s provisions can help to reviewed by the Office of Management nutrition standards and nutrition promote, would quickly exceed the cost and Budget (OMB) in conformance with standards for competitive school foods of its implementation. Executive Order 12866. that will further improve the school • The 2014 USDA Agency Financial nutrition environment; B. Regulatory Impact Analysis Summary Report estimates that improper and through the following specific payments in the CACFP due to mistakes As required for all rules that have transfers: by program sponsors in determining the been designated significant by the Office • An increase in Federal audit reimbursement eligibility of family day of Management and Budget, a funding available to State agencies; Regulatory Impact Analysis (RIA) was • a reduction in financial care home providers (‘‘tiering’’ errors) developed for this proposal. A summary mismanagement that diverts Federal totaled $10 million in FY 2014. In is presented below. funds from their intended purpose of addition, data gathered by USDA during its 2004–2007 Child Care Assessment Need for Action providing nutritious meals to children; • a reduction in certification errors Project (CCAP) are suggestive of The proposed rule updates the that will better target Federal benefits to possible over-reporting of Federally regulations governing the eligible children; and reimbursable meals served by family administration of USDA’s child 4 • full compliance with Sections 205 day care home providers. Estimates of nutrition programs in response to and 206 of HHFKA that prevent Federal the value of improper claims by CACFP statutory changes made by The Healthy, meal reimbursements, intended centers, or by sponsors and service Hunger-Free Kids Act of 2010.1 These primarily to provide meals to low providers in the remaining USDA child changes, as well as other discretionary income students, from subsidizing nutrition programs, are not available. changes, will help ensure proper and meals for more affluent students, and efficient administration of the programs, Though the data available is limited, from subsidizing non-program foods. reduce misuse of program funds, the estimates of improper payments in These are the expected results of the improve compliance with meal patterns the NSLP and SBP alone indicate that rule’s provisions, which add new and nutrition standards, reduce the potential impact of the proposed participant certification error, improve requirements to existing reviews of rule is substantial. child nutrition program sponsors, the integrity of the procurement process, Costs/Administrative Impact and reduce meal counting and claiming subject additional sponsors to periodic error through increased administrative review, increase USDA and State agency Most of the cost of complying with review and penalties for non- authority to penalize seriously deficient the rule is associated with the compliance. sponsors and providers, and standardize additional review responsibilities the processes of termination and Benefits placed on State administering agencies. disqualification from program Other State agency costs are tied to participation, all of which will Each of the proposed rule’s provisions documentation, and establishing and contribute to an increase in the quality is intended to remedy deficiencies in carrying out new procedures for of program meals served to program the administration of USDA’s child termination and disqualification of participants. nutrition programs at the sponsor, program sponsors, providers, and We cannot quantify these nutritional provider, SFA, and State agency levels. responsible individuals. Program benefits, nor can we quantify the dollar The rule addresses the types of sponsors will incur minimal additional effects of the actions and transfers listed problems commonly encountered in cost to provide their State agencies with above, as we do not know the rates or CACFP sponsor reviews, in USDA’s additional financial data. The primary magnitudes of error in the population, Targeted Management Evaluations of Federal government cost, an increase in nor do we know the percentage of errors the CACFP, and in Coordinated Review funds made available for CACFP audits, Effort (CRE) and in School Meals that will be avoided or rectified because is expected to offset the additional Initiative (SMI) reviews of schools and of the implementation of these administrative costs incurred by State school food authorities. Through the provisions. However, the size of the agencies. reforms outlined in the preceding problem addressed by the proposed rule sections, the rule is expected to increase has been partly quantified: The regulatory impact analysis the quality of program meals served to • The 2014 USDA Agency Financial quantifies the impact of the three participants, as inefficiently managed Report (http://www.ocfo.usda.gov/docs/ provisions in the rule that we estimate funds and improper payments subvert USDA%20AFR%202014- have non-negligible cost implications the nutritional intent of program meals. 12.30.2014.pdf) estimates that improper for the Federal government, State This rule generates these benefits payments in the NSLP and the SBP due agencies, and/or SFAs, as well as the through the following specific actions: to certification error 2 and meal counting new reporting and recordkeeping • A reduction in the incidence of and claiming errors 3 totaled $2.67 requirements of the rule. The following existing meal pattern violations, billion ($1.75 billion in the NSLP and table summarizes these effects.

1 Public Law 111–296. and Federal reimbursements for meals served to or paid meals served when submitting claims for 2 Improper payments due to certification error those children are too low. reimbursement. include both overpayments and underpayments. 3 These include cashier errors, when meals are 4 ‘‘Child Care Assessment Project Final Report’’, Overpayments occur when children are certified for identified as reimbursable when they are missing a USDA Food and Nutrition Service, Child Nutrition free or reduced-price meals when their household required meal component, or when the cashier Division, July 2009, pp. 34–36 (http:// incomes exceed the thresholds for those benefits. makes a mistake in identifying the child receiving Federal reimbursements for meals served to those the meal as free, reduced-price, or paid eligible. www.fns.usda.gov/cnd/Care/Management/pdf/ _ children are too high. Underpayments occur when Counting and claiming errors also include mistakes CCAP Report.pdf). children are denied free or reduced-price benefits, made in totaling the number of free, reduced-price,

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TABLE 1—SUMMARY OF ESTIMABLE ADMINISTRATIVE COSTS AND RESOURCES 5

Fiscal year (millions) 2017 2018 2019 2020 2021 Total

State agency administrative costs

State agency sponsor reviews (CACFP) $2.7 $2.8 $2.8 $2.9 $3.0 $14.2 State agency bank statement reviews (CACFP) ...... 1.3 1.3 1.3 1.4 1.4 6.7 Information collection burden (reporting and recordkeeping)...... 0.3 0.3 0.4 0.4 0.4 1.8

Total State agency administrative costs ...... 4.3 4.4 4.5 4.7 4.8 22.7

School Food Authority administrative costs

SFA Information collection burden (re- porting and recordkeeping) ...... $0.1 $0.1 $0.1 $0.1 $0.1 $0.6

Increase in Federal audit funding for State agencies (CACFP)

Low estimate...... $2.1 $2.2 $2.3 $2.4 $2.5 $11.6 Upper bound estimate ...... 16.3 17.3 17.8 18.5 19.2 89.1

We note that the maximum available Federal agencies to assess the effects of administered at the State level. The amount of additional federal audit their regulatory actions on State, local Department headquarters and regional funding for State agencies (presented as and tribal governments and the private office staff engage in ongoing formal and the projected upper bound estimate in sector. Under section 202 of the UMRA, informal discussions with State and Table 1) exceeds the combined the Department generally must prepare local officials regarding program estimated costs of the rule’s State a written statement, including a cost operational issues. This structure of the agency sponsor review, sponsor bank benefit analysis, for proposed and final Child Nutrition Programs allows State statement review, and information rules with ‘‘Federal mandates’’ that may and local agencies to provide feedback collection requirements. result in expenditures by State, local or that forms the basis for any C. Regulatory Flexibility Act tribal governments, in the aggregate, or discretionary decisions made in this and the private sector, of $100 million or other rules. This proposed rule has been reviewed more in any one year. When such a with regard to the requirements of the statement is needed for a rule, Section F. Executive Order 13132 Regulatory Flexibility Act of 1980 (5 205 of the UMRA generally requires the U.S.C. 601–612). Pursuant to that Secretary to identify and consider a Executive Order 13132 requires review, it has been determined that this reasonable number of regulatory Federal agencies to consider the impact rule will not have a significant impact alternatives and adopt the most cost of their regulatory actions on State and on a substantial number of small effective or least burdensome alternative local governments. Where such actions entities. This rule sets forth proposed that achieves the objectives of the rule. have federalism implications, agencies provisions to implement sections 303, This proposed rule does not contain are directed to provide a statement for 322, 331(b), 332, 335, 362, of Public Law Federal mandates (under the regulatory inclusion in the preamble to the 111–296, the HHFKA that affects the provisions of Title II of the UMRA) that regulations describing the agency’s management of USDA’s Child Nutrition would result in expenditures for State, considerations in terms of the three programs. Most of the provisions local and tribal governments or the categories called for under Section included in the proposed rule increase private sector of $100 million or more (6)(b)(2)(B) of Executive Order 13121. the authority of USDA and State in any one year. Thus, the rule is not agencies to enforce existing program subject to the requirements of sections 1. Prior Consultation With State rules, and do not impose additional 202 and 205 of the UMRA. Officials burden on small entities. The rule does impose some additional reporting and E. Executive Order 12372 FNS headquarters and regional offices documentation requirements on have formal and informal discussions The NSLP, SBP, SAE, SMP, CACFP program sponsors and providers, but we with State agency officials on an and SFSP are listed in the Catalog of expect these costs to be very small Federal Domestic Assistance Programs ongoing basis regarding the Child relative to existing program under NSLP No. 10.555, SBP No. Nutrition Programs and policy issues. requirements. 10.553, SAE No. 10.560, SMP No. Prior to drafting this proposed rule, FNS D. Unfunded Mandates Reform Act 10.556, CACFP No. 10.558, and SFSP held several conference calls and meetings with the State agencies and Title II of the Unfunded Mandates No. 10.559, respectively and are subject organizations representing local Reform Act of 1995 (UMRA), Public to Executive Order 12372 which program operators, advocacy groups and Law 104–4, establishes requirements for requires intergovernmental consultation with State and local officials (See 2 CFR State government to discuss the 5 Numbers shown in Table 1 may not add due to chapter IV). The Child Nutrition statutory requirements addressed in this rounding. Programs are federally funded programs proposed rule.

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2. Nature of Concerns and the Need To consultation sessions were coordinated information unless it displays a current Issue This Rule by FNS and held on the following dates valid OMB control number. This State agencies expressed concern and locations: proposed rule contains information regarding the implementation of the 1. HHFKA Consultation Webinar & collections that are subject to review provisions, specifically the Conference Call—April 12, 2011 and approval by OMB; therefore, FNS administrative burden that may be 2. HHFKA Consultation In-Person— has submitted an information collection placed on the State agencies. State Rapid City, SD—March 23, 2011 under 0584–NEW, which contains the agencies also expressed concerns 3. HHFKA Consultation Webinar & burden information in the proposed rule relating to the fiscal consequences of the Conference Call—June 22, 2011 for OMB’s review and approval. These state liability provision. 4. Tribal Self-Governance Annual changes are contingent upon OMB Conference In-Person Consultation approval under the Paperwork 3. Extent to Which the Department in Palm Springs, CA—May 2, 2011 Reduction Act of 1995. When the Meets Those Concerns 5. National Congress of American information collection requirements FNS has considered the impact of this Indians Mid-Year Conference In- have been approved, FNS will publish proposed rule on State and local Person Consultation, Milwaukee, a separate action in the Federal Register operators. We have attempted to balance WI—June 14, 2011 announcing OMB’s approval. the goal of strengthening the integrity of 6. FNS Quarterly Consultation Comments on the information the Child Nutrition Programs against the Conference Call, May 2, 2012 collection in this proposed rule must be need to minimize the administrative The six consultation sessions in total received by May 31, 2016. burden placed on program operators. provided the opportunity to address FNS will provide guidance and Send comments to the Office of Tribal concerns related to school meals. Information and Regulatory Affairs, technical assistance to program There was only one question asked operators once the final rule is OMB, Attention: Desk Officer for FNS, about this regulation, regarding how the published, and expects to provide on- Washington, DC 20503. Please also send NDL functions, which was explained by going assistance to State and local a copy of your comments to, Andrea FNS staff during an aforementioned program operators to ensure the Farmer, Child Nutrition Programs, Food Tribal Consultation session. Additional provisions of this rulemaking are and Nutrition Service, U.S. Department comments were not received. Reports implemented efficiently and in a of Agriculture, 3101 Park Center Drive, from these consultations are part of the manner that is least burdensome. Alexandria, Virginia 22302. For further USDA annual reporting on Tribal information, or for copies of the G. Executive Order 12988 consultation and collaboration. FNS information collection requirements, will respond in a timely and meaningful This proposed rule has been reviewed please contact Andrea Farmer at the manner to Tribal government requests under Executive Order 12988, Civil address indicated above. Comments are for consultation concerning this rule. Justice Reform. This proposed rule is invited on: (1) Whether the proposed Currently, FNS provides regularly intended to have preemptive effect with collection of information is necessary scheduled quarterly consultation respect to any State or local laws, for the proper performance of the sessions as a venue for collaborative regulations or policies which conflict Agency’s functions, including whether conversations with Tribal officials or with its provisions or which would the information will have practical their designees. otherwise impede its full and timely utility; (2) the accuracy of the Agency’s implementation. This rule is not I. Civil Rights Impact Analysis estimate of the proposed information intended to have retroactive effect collection burden, including the validity unless so specified in the Effective Dates FNS and the Department has reviewed this proposed rule in of the methodology and assumptions section of the final rule. Prior to any used; (3) ways to enhance the quality, judicial challenge to the provisions of accordance with the Departmental Regulation 4300–4, ‘‘Civil Rights Impact utility and clarity of the information to the final rule, appeal procedures in be collected; and (4) ways to minimize § 210.18(q), § 225.13, § 226.6(k) and Analysis,’’ to identify any major civil rights impacts the rule may have on the burden of the collection of § 235.11(f), of this chapter, must be information on those who are to exhausted. program participants on the basis of age, race, color, national origin, sex, or respond, including use of appropriate H. Executive Order 13175 disability. After a careful review of the automated, electronic, mechanical, or Executive Order 13175 requires rule’s intent and provisions, FNS has other technological collection Federal agencies to consult and determined that this rule is no intended techniques or other forms of information coordinate with Tribes on a impact in any of the protected classes technology. government-to-government basis on and is not intended to reduce a child or All responses to this request for policies that have Tribal implications, eligible adult’s ability to participate in comments will be summarized and including regulations, legislative the National School Lunch Program, included in the request for OMB comments or proposed legislation, and School Breakfast Program, Special Milk approval. All comments will also other policy statements or actions that Program, Child and Adult Care Food become a matter of public record. Once have substantial direct effects on one or Program or Summer Food Service OMB approval is obtained, FNS will more Indian Tribes, on the relationship Program. merge burden hours into the currently between the Federal Government and approved National School Lunch J. Paperwork Reduction Act Indian Tribes, or on the distribution of Program, OMB Control Number 0584– power and responsibilities between the The Paperwork Reduction Act of 1995 0006, expiration date 2/29/2016; Child Federal Government and Indian Tribes. (44 U.S.C. Chapter 35; see 5 CFR part and Adult Care Food Program, OMB In the spring of 2011, FNS offered 1320) requires that OMB approve all Control Number 0584–0055, expiration opportunities for consultation with collections of information by a Federal date 9/30/2016; and Summer Food Tribal officials or their designees to agency from the public before they can Service Program for Children, OMB discuss the impact of the HHFKA on be implemented. Respondents are not Control Number 0584–0280, expiration tribes or Indian Tribal governments. The required to respond to any collection of date 3/31/2016, respectfully.

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Title: 7 CFR parts 210, 215, 220, 225, food service management company include several technical corrections. 226 and 235, Child Nutrition Programs contracts in the NSLP; establish The proposed rule is intended to Integrity Proposed Rule. procurement training requirements for improve the integrity of all Child OMB Number: Not Yet Assigned. State agency and school food authority Nutrition Programs. The average burden Expiration Date: Not Yet Determined. staff in the NSLP, establish procedures per response and the annual burden Type of Request: New Collection. for termination and disqualification in hours for reporting and recordkeeping Abstract: This rule proposes to codify the SFSP; modify State agency site are explained below and summarized in several provisions of the Healthy, review requirements in the CACFP; the charts which follow. Hunger-Free Kids Act of 2010 affecting establish State liability for the management of the Child Nutrition reimbursements incurred as a result of CACFP—7 CFR Part 226 Programs, including the National School a State’s failure to conduct a timely Affected Public: State Agencies. Lunch Program (NSLP), the Special hearing in the CACFP; establish criteria Estimated Number of Respondents: Milk Program for Children, the School for an increase in State audit funding; 54. Breakfast Program, the Summer Food establish procedures to prohibit the Estimated Number of Responses per Service Program (SFSP), the Child and participation of entities or individuals Respondent: 39.29. Adult Care Food Program (CACFP) and terminated from any of the Child State Administrative Expense Funds. Nutrition Programs; and establish Estimated Total Annual Responses: The Department is proposing to serious deficiency and termination 2,122. establish criteria for establishing procedures for sponsored centers in the Estimated Time per Response: 2.4345. assessments against State agencies and CACFP. In addition, this rule would Estimated Total Annual Burden: program operators who jeopardize the make several operational changes to 5,166. integrity of any Child Nutrition improve oversight of an institution’s Refer to the table below for estimated Program; eliminate cost-reimbursement financial management and would also total annual burden.

Estimated Number of Estimated total Affected public number of responses per Total annual hours per Estimated total respondents respondent responses response burden

Reporting

State Agencies ...... 54 13.15 710 4.095 2,907.5

Recordkeeping

State Agencies ...... 54 26.15 1,412 1.5995 2,258.5

Total of Reporting and Recordkeeping CACFP

Reporting ...... 54 13.15 710 4.095 2,907.5 Recordkeeping ...... 54 26.15 1,412 1.5995 2,258.5

Total ...... 54 39.29 2,122 2.435 5,166 With OMB Approval, 0584–NEW CACFP burden will be merged to OMB Control Number 0584–0055.

SFSP—7 CFR Part 225 Estimated Number of Responses per Estimated Total Annual Burden: Respondent: 21. 6,916.5. Affected Public: State Agencies. Estimated Total Annual Responses: Refer to the table below for estimated Estimated Number of Respondents: 1,113. 53. Estimate Time per Response: 6.214. total annual burden.

Estimated Number of Estimated total Affected public number of responses per Total annual hours per Estimated total respondents respondent responses response burden

Reporting

State Agencies ...... 53 20 1,060 6.5 6,890

Recordkeeping

State Agencies ...... 53 1 53 .5 26.5

Total of Reporting and Recordkeeping SFSP

Reporting ...... 53 20 1,060 6.5 6,890 Recordkeeping ...... 53 1 53 .5 26.5

Total ...... 53 21 1,113 6.214 6,916.5 With OMB Approval, 0584–NEW SFSP burden will be merged to OMB Control Number 0584–0280.

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NSLP—7 CFR Part 21 Estimated Number of Responses per Estimated Total Annual Burden: Affected Public: State Agencies and Respondent: 2.0054. 10,485. School Food Authorities. Estimated Total Annual Responses: Refer to the table below for estimated Estimated Number of Respondents: 41,940. total annual burden. 20,914. Estimate Time per Response: .25.

Estimated Number of Estimated total Affected public number of responses per Total annual hours per Estimated total respondents respondent responses response burden

Reporting

State Agencies...... 0 0 0 0 0

Recordkeeping

State Agencies ...... 56 1 56 .25 14 School Food Authorities ...... 19,822 1 19,878 .20 3,964.4

Total of Reporting and Recordkeeping NSLP

Reporting * ...... 0 0 0 0 0 Recordkeeping ...... 19,878 1 19,878 .20 3,978.4

Total ...... 19,878 1 19,878 .2 3,978 * There is no reporting burden associated with procurement training requirements for State agency and SFA staff in the NSLP. With OMB Approval, 0584–NEW NSLP burden will be merged to OMB Control Number 0584–0006.

K. E-Government Act Compliance 7 CFR Part 226 (i) Have been terminated for cause from any program authorized under this Accounting, Aged, Day care, Food The Food and Nutrition Service is part or parts 215, 220, 225 and 226 of assistance programs, Grant programs, committed to complying with the E- this chapter; or Government Act to promote the use of Grant programs—health, American the Internet and other information Indians, Individuals with disabilities, (ii) Are currently included on the technologies to provide increased Infants and children, Intergovernmental National disqualified lists under opportunities for citizen access to relations, Loan programs, Reporting and §§ 225.11 or 226.6 of this chapter. recordkeeping requirements, Surplus Government information and services (2) Duration. State agencies must agricultural commodities. and for other purposes. ensure that school food authorities or 7 CFR Part 235 schools described in paragraph (d)(1) of List of Subjects this section do not participate in or Administrative practice and administer the Program until the State 7 CFR Part 210 procedure, Food assistance programs, agency, in consultation with FNS, Grant programs—education, Grant Grant programs—education, Grant determines that the deficiency(ies) programs—health, Infants and children, programs—health, Infants and children, Reporting and recordkeeping has(ve) been corrected, or until seven Nutrition, Penalties, Reporting and requirements, School breakfast and years have elapsed since they were recordkeeping requirements, School lunch programs. terminated or disqualified. However, if breakfast and lunch programs, Surplus a school food authority, school or agricultural commodities. Accordingly, 7 CFR parts 210, 215, official has failed to repay debts owed 220, 225, 226, and 235 are proposed to under the Program, they will remain 7 CFR Part 215 be amended as follows: ineligible until the debt has been repaid. Food assistance programs, Grant PART 210—NATIONAL SCHOOL (3) State actions. The State agency’s programs—education, Grant programs— LUNCH PROGRAM decision not to approve a school food health, Infants and children, Milk, authority or school to participate in or Reporting and recordkeeping ■ 1. The authority citation for part 210 administer the Program as required by requirements. continues to read as follows: paragraph (d)(1) of this section is final 7 CFR Part 220 Authority: 42 U.S.C. 1751–1760, 1779. and not subject to further administrative or judicial review. For school food ■ 2. In § 210.9, add paragraph (d) to read Grant programs—education, Grant authorities and schools currently as follows: programs—health, Infants and children, administering the Program, the State Nutrition, Reporting and recordkeeping § 210.9 Agreement with State agency. agency must suspend or terminate the requirements, School breakfast and * * * * * Program in accordance with the lunch programs. (d) Terminations or disqualifications. procedures set forth in § 210.25. 7 CFR Part 225 (1) General. The State agency may not (4) Process for identifying approve any school food authority or terminations and disqualifications. Food assistance programs, Grant school to participate in or administer State agencies must develop a process to programs—health, Infants and children, the Program if the school food authority, Labeling, Reporting. school, or its officials:

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share information on school food followed by a school food authority procurement requirements, competitive authorities, schools and individuals not requesting a review of a denial of all or procurements, the Buy American approved to administer or participate in a part of the Claim for Reimbursement, provision, State agency and school food the programs as described under withholding payment arising from authority responsibilities in regard to paragraph (d)(1) of this section. The administrative or follow-up review food service management company process must be approved by the Food activity conducted by the State agency contracts and all contract changes, and Nutrition Service Regional Office under § 210.18, or assessments USDA Foods, intergovernmental (FNSRO) and must ensure the State established under § 210.26. State cooperation, geographic preference, agency works closely with any other agencies may use their own appeal protests, and ethics in accordance with State agency within the State procedures provided the same § 210.21(a). State agencies and school administering the programs under parts procedures are applied to all appellants food authorities must retain records to 215, 220, 225 226, 246 and 248 of this in the State and the procedures meet the document compliance with the chapter to ensure information is shared following requirements: Appellants are procurement training requirements in for program purposes and on a timely assured of a fair and impartial hearing this paragraph. basis. before an independent official at which ■ 9. Revise § 210.26 to read as follows: ■ 3. In § 210.15, add paragraph (b)(8) to they may be represented by legal § 210.26 Penalties and assessments. read as follows: counsel; decisions are rendered in a timely manner not to exceed 120 days (a) Penalties. Whoever embezzles, § 210.15 Reporting and recordkeeping. from the date of the receipt of the willfully misapplies, steals, or obtains * * * * * request for review; appellants are by fraud any funds, assets, or property (b) * * * afforded the right to either a review of provided under this part whether (8) Records to document compliance the record with the right to file written received directly or indirectly from the with the procurement training information, or a hearing which they Department shall, if such funds, assets, requirements under § 210.21(h). may attend in person; and adequate or property are of a value of $100 or ■ 4. In § 210.16, revise paragraph (c) notice is given of the time, date, place more, be fined no more than $25,000 or introductory text and add paragraph and procedures of the hearing. If the imprisoned not more than 5 years or (c)(4) to read as follows: State agency has not established its own both; or if such funds, assets, or appeal procedures or the procedures do property are of a value of less than $100, § 210.16 Food service management be fined not more than $1,000 or companies. not meet the above listed criteria, the imprisoned not more than 1 year or * * * * * State agency shall observe the following procedures at a minimum: both. Whoever receives, conceals, or (c) Contracts. Contracts that permit all retains for personal use or gain, funds, income and expenses to accrue to the (1) The written request for a review shall be postmarked within 15 calendar assets, or property provided under this food service management company, part, whether received directly or ‘‘cost-plus-a-percentage-of-cost,’’ ‘‘cost- days of the date the appellant received the notice of the denial of all or a part indirectly from the Department, plus-a-percentage-of-income,’’ and knowing such funds, assets, or property ‘‘cost-reimbursable’’ contracts are of the Claim for Reimbursement, withholding of payment, or assessments have been embezzled, willfully prohibited. Contracts that provide for misapplied, stolen, or obtained by fraud, fixed-fees such as those that provide for established under § 210.26, and the State agency shall acknowledge the shall be subject to the same penalties. management fees established on a per (b) Assessments. meal basis are allowed. Only fixed-price receipt of the request for appeal within 10 calendar days; (1) The State agency may establish an contracts, such as contracts that provide assessment against any school food a per meal and/or management fees * * * * * authority when it has determined that established on a per meal basis, either § 210.19 [Amended] the school food authority or school with or without economic price ■ 6. In § 210.19: Amend paragraph (a)(5) under its agreement has: adjustments tied to a standard index, are (i) Failed to correct severe allowed. Contractual agreements with by adding the phrase ‘‘and approve’’ after the words ‘‘annually review’’ in the mismanagement of the Program; food service management companies (ii) Disregarded a Program shall include provisions which ensure first sentence. ■ 7. In § 210.20, add paragraph (b)(16) to requirement of which the school food that the requirements of this section are read as follows: authority or school had been informed; met. Such agreements must also include or the following: § 210.20 Reporting and recordkeeping. (iii) Failed to correct repeated * * * * * * * * * * violations of Program requirements. (4) Provisions in 7 CFR part 250, (b) * * * (2) FNS may direct the State agency subpart D must be included to ensure (16) Records to document compliance to establish an assessment against any the value of donated foods, i.e., USDA with the procurement training school food authority when it has Foods are credited to the nonprofit requirements under § 210.21(h). determined that the school food school food service account. ■ 8. In § 210.21, add paragraph (h) to authority or school meets the criteria set ■ 5. In § 210.18, revise paragraph (q) read as follows: forth under paragraph (b)(1) of this introductory text and paragraph (q)(1) section. introductory text to read as follows: § 210.21 Procurement. (3) Funds used to pay assessments * * * * * established under this paragraph must § 210.18 Administrative reviews. (h) Procurement training. State agency be derived from non-federal sources. In * * * * * and school food authority staff tasked calculating an assessment, the State (q) School food authority appeal of with procurement responsibilities shall agency must base the amount of the State agency findings. Except for FNS- successfully complete annual training in assessment on the reimbursement conducted reviews authorized under procurement standards including but earned by the school food authority or § 210.29(d)(2), each State agency shall not limited to the procurement process school for this Program for the most establish an appeal procedure to be generally, government-wide Federal recent fiscal year for which closeout

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data are available, provided that the ■ 11. In § 215.7, add paragraph (g) to § 215.15 Withholding payments and assessment does not exceed the read as follows: establishing assessments. equivalent of: (a) Withholding payments. In § 215.7 Requirements for participation. (i) For the first assessment, 1 percent accordance with OMB regulations at 2 of the amount of meal reimbursement * * * * * CFR part 200.338 (Remedies for earned for the fiscal year; (g) Terminations or disqualifications. noncompliance), implemented by (ii) For the second assessment, 5 (1) General. The State agency may not Departmental regulations at 2 CFR part percent of the amount of meal approve any school food authority, 400, the State agency may withhold reimbursement earned for the fiscal school or child care institution to Program payments in whole or in part, year; and participate in or administer the Program to any school food authority which has (iii) For the third or subsequent if the school food authority, school, failed to comply with the provisions of assessment, 10 percent of the amount of child care institution or its officials: this part. Program payments shall be meal reimbursement earned for the (i) Have been terminated for cause withheld until the school food authority fiscal year. from any program authorized under this takes corrective action satisfactory to the (4) The State agency must inform the part or parts 210, 220, 225 and 226 of State agency, or gives evidence that FNSRO at least 30 days prior to this chapter; or such corrective actions will be taken, or establishing the assessment under this (ii) Are currently included on the until the State agency terminates the paragraph. The State agency must send National disqualified lists under grant in accordance with § 215.16. the school food authority written §§ 225.11 or 226.6 of this chapter. Subsequent to the State agency’s notification of the assessment (2) Duration. State agencies must acceptance of the corrective actions, established under this paragraph and ensure that school food authorities, payments will be released for any milk provide a copy of the notification to the schools or child care institutions served in accordance with the FNSRO. The notification must: described in paragraph (g)(1) of this provisions of this part during the period (i) Specify the violations or actions section do not participate in or the payments were withheld. which constitute the basis for the administer the Program until the State (b) Assessments. (1) The State agency assessment and indicate the amount of agency, in consultation with FNS, may establish an assessment against any the assessment; determines that the deficiency(ies) school food authority, school under its agreement, or child care institution (ii) Inform the school food authority has(ve) been corrected, or until seven when it has determined that the school that it may appeal the assessment and years have elapsed since they were food authority or child care institution advise the school food authority of the terminated or disqualified. However, if has: appeal procedures established under a school food authority, school, child (i) Failed to correct severe § 210.18(q); care institution or official has failed to repay debts owed under the Program, mismanagement of the Program; (iii) Indicate the effective date and (ii) Disregarded a Program payment procedures should the school they will remain ineligible until the debt has been repaid. requirement of which the school food food authority not exercise its right to authority, school, or child care appeal within the specified timeframe. (3) State actions. The State agency’s decision not to approve a school food institution had been informed; or (5) Any school food authority subject (iii) Failed to correct repeated authority, school or child care to an assessment under paragraph (b)(1) violations of Program requirements. of this section may appeal the State institution to participate in or (2) FNS may direct the State agency agency’s determination. In appealing an administer the Program as required by to establish an assessment against any assessment, the school food authority paragraph (g)(1) of this section is final school food authority or child care must submit to the State agency any and not subject to further administrative institution when it has determined that pertinent information, explanation, or or judicial review. For school food the school food authority, school, or evidence addressing the Program authorities, schools and child care child care institution has committed one violations identified by the State institutions currently administering the or more acts the under paragraph (b)(1) agency. Any school food authority Program, the State agency must suspend of this section. seeking to appeal the State agency or terminate the Program in accordance (3) Funds used to pay an assessment determination must follow State agency with the procedures set forth in established under this paragraph must appeal procedures. § 215.16. be derived from non-federal sources. In (6) The decision of the State agency (4) Process for identifying calculating an assessment, the State review official is final and not subject to terminations and disqualifications. agency must base the amount of the further administrative or judicial State agencies must develop a process to assessment on the reimbursement review. Failure to pay an assessment share information on school food earned by the school food authority, established under this paragraph may be authorities, schools, child care school, or child care institution for this grounds for suspension or termination. institutions and individuals not Program for the most recent fiscal year (7) Money received by the State approved to administer or participate in for which closeout data are available, agency as a result of an assessment the programs as described under provided that the assessment does not established under this paragraph against paragraph (g)(1) of this section. The exceed the equivalent of: a school food authority and any interest process must be approved by the (i) For the first assessment, 1 percent charged in the collection of these FNSRO and must ensure the State of the amount of reimbursement earned assessments must be remitted to FNS. agency works closely with any other for the fiscal year; State agency within the State (ii) For the second assessment, 5 PART 215—SPECIAL MILK PROGRAM administering the programs under parts percent of the amount of reimbursement FOR CHILDREN 210, 220, 225, 226, 246 and 248 of this earned for the fiscal year; and chapter to ensure information is shared (iii) For the third or subsequent ■ 10. The authority citation for part 215 for program purposes and on a timely assessment, 10 percent of the amount of continues to read as follows: basis. reimbursement earned for the fiscal Authority: 42 U.S.C. 1772 and 1779. ■ 12. Revise § 215.15 to read as follows: year.

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(4) The State agency must inform the school to participate in or administer until the State agency terminates the FNSRO at least 30 days prior to the Program if the school food authority, grant in accordance with § 220.19. establishing an assessment under this school or its officials: Subsequent to the State agency’s paragraph. The State agency must send (i) Have been terminated for cause acceptance of the corrective actions, the school food authority or child care from any program authorized under this payments will be released for any institution written notification of the part or parts 210, 215, 225 and 226 of breakfasts served in accordance with the assessment established under this this chapter; or provisions of this part during the period paragraph and provide a copy of the (ii) Are currently included on the the payments were withheld. notification to the FNSRO. The National disqualified lists under (b) Assessments. (1) The State agency notification must: §§ 225.11 or 226.6 of this chapter. may establish an assessment against any (i) Specify the violations or actions (2) Duration. State agencies must school food authority or school under which constitute the basis for the ensure that school food authorities or its agreement when it has determined assessment and indicate the amount of schools described in paragraph (h)(1) of that the school food authority has: the assessment; this section do not participate in or (i) Failed to correct severe (ii) Inform the school food authority administer the Program until the State mismanagement of the Program; or child care institution that it may agency, in consultation with FNS, (ii) Disregarded a Program appeal the assessment and advise the determines that the deficiency(ies) requirement of which the school food school food authority or child care has(ve) been corrected, or until seven authority or school had been informed; institution of the appeal procedures years have elapsed since they were or established under § 210.18(q) of this terminated or disqualified. However, if (iii) Failed to correct repeated chapter; a school food authority, school or violations of Program requirements. (iii) Indicate the effective date and official has failed to repay debts owed (2) FNS may direct the State agency payment procedures should the school under the Program, they will remain to establish an assessment against any food authority or child care institution ineligible until the debt has been repaid. school food authority when it has not exercise its right to appeal within (3) State actions. The State agency’s determined that the school food the specified timeframe. decision not to approve a school food authority or school has committed one (5) Any school food authority or child authority or school to participate in or or more acts the under paragraph (b)(1) care institution subject to an assessment administer the Program as required by of this section. under paragraph (b)(1) of this section paragraph (h)(1) of this section is final (3) Funds used to pay an assessment may appeal the State agency’s and not subject to further administrative established under this paragraph must determination. In appealing an or judicial review. For school food be derived from non-federal sources. In assessment, the school food authority or authorities and schools administering calculating an assessment, the State child care institution must submit to the the Program, the State agency must agency must base the amount of the State agency any pertinent information, suspend or terminate the Program in assessment on the reimbursement explanation, or evidence addressing the accordance with the procedures set earned by the school food authority or Program violations identified by the forth in § 220.19. school for this Program for the most State agency. Any school food authority (4) Process for identifying recent fiscal year for which closeout or child care institution seeking to terminations and disqualifications. data are available, provided that the appeal the State agency determination State agencies must develop a process to assessment does not exceed the must follow State agency appeal share information on school food equivalent of: procedures. authorities, schools and individuals not (i) For the first assessment, 1 percent (6) The decision of the State agency approved to administer or participate in of the amount of meal reimbursement review official is final and not subject to the programs as described under earned for the fiscal year; further administrative or judicial paragraph (h)(1) of this section. The (ii) For the second assessment, 5 review. Failure to pay an assessment process must be approved by the percent of the amount of meal established under this paragraph may be FNSRO and must ensure the State reimbursement earned for the fiscal grounds for suspension or termination. agency works closely with any other year; and (7) Money received by the State State agency within the State (iii) For the third or subsequent agency as a result of an assessment administering the programs under parts assessment, 10 percent of the amount of established under this paragraph against 210, 215, 225, 226, 246 and 248 of this meal reimbursement earned for the a school food authority and any interest chapter to ensure information is shared fiscal year. charged in the collection of these for program purposes and on a timely (4) The State agency must inform the assessments must be remitted to FNS. basis. FNSRO at least 30 days prior to ■ 15. Revise § 220.18 to read as follows: establishing an assessment under this PART 220—SCHOOL BREAKFAST paragraph. The State agency must send PROGRAM § 220.18 Withholding payments and the school food authority written assessments. notification of the assessment ■ 13. The authority citation for part 220 (a) Withholding payments. In established under this paragraph and continues to read as follows: accordance with Departmental provide a copy of the notification to the Authority: 42 U.S.C. 1773, 1779, unless regulations 2 CFR part 400, the State FNSRO. The notification must: otherwise noted. agency may withhold Program (i) Specify the violations or actions ■ 14. In § 220.7, add paragraph (h) to payments, in whole or in part, to any which constitute the basis for the read as follows: school food authority which has failed assessment and indicate the amount of to comply with the provisions of this the assessment; § 220.7 Requirements for participation. part. Program payments shall be (ii) Inform the school food authority * * * * * withheld until the school food authority that it may appeal the assessment and (h) Terminations or disqualifications. takes corrective action satisfactory to the advise the school food authority of the (1) General. The State agency may not State agency, or gives evidence that appeal procedures established under approve any school food authority or such corrective actions will be taken, or § 210.18(q) of this chapter;

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(iii) Indicate the effective date and sponsors, responsible principals, and ■ b. Add paragraph (b)(12); payment procedures should the school responsible individuals disqualified ■ c. Amend paragraph (c)(1) by revising food authority not exercise its right to from participation in the Program. the third sentence; appeal within the specified timeframe. * * * * * ■ d. Add paragraph (c)(2)(ii)(E); (5) Any school food authority subject Responsible principal or responsible ■ e. Add paragraph (c)(3)(ii)(D); to an assessment under paragraph (b)(1) individual means: ■ f. Add paragraph (d)(1)(v); of this section may appeal the State (a) A principal, whether compensated ■ g. Revise paragraph (e) introductory agency’s determination. In appealing an or uncompensated, who the State text; assessment, the school food authority agency or FNS determines to be The revisions and additions read as must submit to the State agency any responsible for a sponsor’s serious follows: pertinent information, explanation, or deficiency; evidence addressing the Program (b) Any other individual employed § 225.6 State agency responsibilities. violations identified by the State by, or under contract with, a sponsor * * * * * agency. Any school food authority who the State agency or FNS determines (b) * * * seeking to appeal the State agency to be responsible for the sponsor’s (9) The State agency shall not approve determination must follow State agency serious deficiency; or the application of any applicant sponsor appeal procedures. (c) An individual not compensated by identifiable through its organization or (6) The decision of the State agency the sponsor who the State agency or principals as a sponsor which has been review official is final and not subject to FNS determines to be responsible for a determined to be seriously deficient as further administrative or judicial sponsor’s serious deficiency. described in § 225.11(c). However, the review. Failure to pay an assessment * * * * * State agency may approve the established under this paragraph may be Seriously deficient means the status of application of a sponsor which has been grounds for suspension or termination. a sponsor that has been determined to determined to be seriously deficient in (7) Money received by the State be non-compliant in one or more prior years in accordance with this agency as a result of an assessment aspects of its operation of the Program; paragraph if the applicant demonstrates established under this paragraph against such noncompliance is also referred to to the satisfaction of the State agency a school food authority and any interest as a serious deficiency. that it has taken appropriate corrective charged in the collection of these actions to prevent recurrence of the * * * * * assessments must be remitted to FNS. deficiencies. The State agency must State agency list means an actual develop policies and procedures to paper or electronic list, or the PART 225—SUMMER FOOD SERVICE confirm that serious deficiencies have retrievable paper records, maintained by PROGRAM been fully and permanently corrected. the State agency, which includes a ■ This confirmation must address the 16. The authority citation for part 225 synopsis of information concerning circumstances that led to the serious continues to read as follows: seriously deficient sponsors in that deficiency, the responsible parties, the Authority: Secs. 9, 13, and 14, Richard B. State. The list must be made available timeframe for corrective action and Russell National School Lunch Act, as to FNS upon request, and must include policies and/or procedures that are in amended (42 U.S.C. 1758, 1761 and 1762a). the following information: place to avoid recurrence of the serious ■ 17. In § 225.2, add new definitions (a) Sponsors determined to be seriously deficient by the State agency, deficiency within the same Program ‘‘Administrative review’’, year or in subsequent Program years. ‘‘Administrative review official’’, including the names and mailing ‘‘National disqualified list’’, addresses of the sponsors, the basis for * * * * * ‘‘Responsible principal or responsible each serious deficiency determination, (12) Terminations or individual’’, ‘‘Seriously deficient’’ and and the status of the sponsors as they disqualifications. ‘‘State agency list’’ in alphabetical order move through the possible subsequent (i) General. The State agency may not to read as follows: stages of corrective action, agreement approve any sponsor or site to termination, and/or disqualification, as participate in or administer the Program § 225.2 Definitions. applicable; if the sponsor, site or its responsible * * * * * (b) Responsible principals and principals or individuals: Administrative review means the fair responsible individuals determined by (A) Have been terminated for cause hearing provided upon request to: the State agency to be associated with from any program authorized under this (a) A sponsor that has been given the serious deficiency, including their part, parts 210, 215, 220, or 226 of this notice by the State agency of any action full legal names, and any other names chapter; or that will affect their participation or previously used, mailing addresses, and (B) Are currently included on the reimbursement under the Program, in dates of birth. National disqualified lists under this accordance with § 225.13; and * * * * * part or § 226.6 of this chapter. (b) A principal or individual ■ 18. In § 225.5, add paragraph (g) to (ii) Duration. State agencies must responsible for a sponsor’s serious read as follows: ensure that sponsor or sites described in deficiency after the responsible paragraph (b)(12)(i) of this section do principal or responsible individual has § 225.5 Payments to State agencies and not participate in or administer the been given a notice of intent to use of Program funds. Program until the State agency, in disqualify them from the Program. * * * * * consultation with FNS, determines that Administrative review official means (g) FNS may establish an assessment the deficiency(ies) has(ve) been the independent and impartial official against any State agency administering corrected, or until seven years have who conducts the administrative review the Program, consistent with the elapsed since they were terminated or held in accordance with § 225.13. provisions set forth in § 235.11(c) of this disqualified. However, if a sponsor, site * * * * * chapter. or its responsible principals or National disqualified list means the ■ 19. In § 225.6, individuals has failed to repay debts list, maintained by the Department, of ■ a. Revise paragraph (b)(9); owed under the Program, they will

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remain ineligible until the debt has been (D) Certification that all information the number of children’s meals prepared repaid. on the application is true and correct. or ordered in excess of the number of (iii) State actions. The State agency’s * * * * * children served. decision not to approve a sponsor or site (d) * * * (2) If the State agency observes meal to participate in or administer the (1) * * * service violations during the conduct of Program as required by paragraph (v) The site and its responsible a site review, the State agency shall (b)(12)(i) of this section is final and not individuals are not currently on the disallow all of the meals observed to be subject to further administrative or National disqualified lists under this in violation. judicial review. part or 226.6 of this chapter and have (3) The State agency shall also (c) * * * not been terminated for cause from any disallow children’s meals which are in (1) * * * The State agency may use program authorized under this part, excess of a site’s approved level the application form developed by FNS, parts 210, 215, and 220 of this chapter established under § 225.6(d)(2). (c) List of serious deficiencies. The list or it may develop an application form, as specified in § 225.6(b)(12). for use in the Program; provided that of serious deficiencies is not identical * * * * * for each category of sponsor (new, such form requests the full legal name, (e) State-Sponsor Agreement. A any previously used names; mailing renewing, participating) because the sponsor approved for participation in type of information likely to be available address; date of birth of the sponsor’s the Program must enter into a principals which includes the Executive to the State agency is different, permanent written agreement with the depending on whether the State agency Director and Chairman of the Board; and State agency. The existence of a valid is reviewing a new or renewing the sponsor’s Federal Employer permanent agreement does not limit the sponsor’s application or is conducting a Identification Number (FEIN) and/or State agency’s ability to terminate the review of a participating sponsor. The Dun and Bradstreet Data Universal agreement, as provided under State agency shall afford a sponsor an Numbering System (DUNS) number. § 225.11(g). The State agency must opportunity not greater than 10 days, *** terminate the sponsor’s agreement unless approved by the FNSRO, to (2) * * * whenever a sponsor’s participation in correct problems before terminating the (ii) * * * the Program ends. The State agency sponsor for being seriously deficient. (E) Sponsors must submit a must terminate the agreement for cause Serious deficiencies which are not fully certification of the following under § 225.6(b)(12)(i), or if the sponsor and permanently corrected will result in information: or its responsible principal or the sponsor’s termination from the (1) That all information on the responsible individual are on the program. Serious deficiencies which are application is true and correct; National disqualified lists under this grounds for termination or disapproval (2) That serious deficiencies part or § 226.6 of this chapter, as of application include, but are not identified during the previous year have required under § 225.11(i). The State limited to, any of the following: been fully and permanently corrected; agency or sponsor may terminate the (1) Noncompliance with the (3) That the sponsor, sites under its agreement at its convenience for applicable bid procedures and contract jurisdiction or any responsible considerations unrelated to the requirements of Federal child nutrition principals have not been terminated for institution’s performance of Program program regulations; cause from any program authorized responsibilities under the agreement. (2) The submission of false under this part, parts 210, 215 220, and All sponsors must agree in writing to: information to the State agency, 226 of this chapter during the past seven *** including but not limited to a years or are not currently included on * * * * * determination that the sponsor has the National disqualified lists under this ■ 20. Revise § 225.11 to read as follows: concealed a conviction for any activity part or § 226.6 of this chapter. Or, if the that occurred during the past seven sponsor has been terminated for cause § 225.11 Administrative actions for years and that indicates a lack of from any program authorized under this program violations. business integrity. A lack of business part, parts 210, 215 220, and 226 of this (a) Investigations. Each State agency integrity includes fraud, antitrust chapter during the past seven years, the shall promptly investigate complaints violations, embezzlement, theft, forgery, sponsor has been reinstated in, or received or irregularities noted in bribery, falsification or destruction of determined eligible for, that program, connection with the operation of the records, making false statements, including the payment of any debts Program, and shall take appropriate receiving stolen property, making false owed; and action to correct any irregularities. The claims, obstruction of justice, or any (4) That the sponsor, sites under its State agency shall maintain on file all other activity indicating a lack of jurisdiction or any responsible evidence relating to such investigations business integrity as defined by the principals have not been convicted of and actions. The State agency shall State agency; any activity that occurred during the inform the appropriate FNSRO of any (3) Failure to return to the State past seven years and that indicated a suspected fraud or criminal abuse in the agency any start-up or advance lack of business integrity. A lack of Program which would result in a loss or payments which exceeded the amount business integrity includes fraud, misuse of Federal funds. The earned for serving meals in accordance antitrust violations, embezzlement, Department may make investigations at with this part, or failure to submit all theft, forgery, bribery, falsification or the request of the State agency, or where claims for reimbursement in any prior destruction of records, making false the Department determines year, provided that failure to return any statements, receiving stolen property, investigations are appropriate. advance payments for months for which making false claims, obstruction of (b) Meal disallowances. (1) If the State claims for reimbursement are under justice, or any other activity indicating agency determines that a sponsor has dispute from any prior year shall not be a lack of business integrity as defined by failed to plan, prepare, or order meals grounds for disapproval in accordance the State agency. with the objective of providing only one with this paragraph; (3) * * * meal per child at each meal service at (4) Significant number of Program (ii) * * * a site, the State agency shall disallow violations at a site, or Program

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violations at a significant proportion of responsible principals and responsible (e) Corrective action procedures. (1) the sponsor’s sites. Such violations individuals. The notice must also Whenever the State agency observes include, but are not limited to, the specify: violations during the course of a site following: (i) The serious deficiency(ies); review, it shall require the sponsor to (i) Noncompliance with the meal (ii) The actions to be taken to correct take corrective action within 10 days, service requirements; the serious deficiency(ies); unless approved by the FNSRO. If the (ii) Failure to maintain adequate (iii) The time allotted to correct the State agency finds a high level of meal records; serious deficiency(ies); service violations, the State agency shall (iii) Failure to adjust meal orders to (iv) That the serious deficiency require a specific immediate corrective conform to variations in the number of determination is not subject to action plan to be followed by the participating children; administrative review; sponsor and shall either conduct a (iv) The simultaneous service of more (v) For new sponsors, that failure to follow-up visit or in some other manner than one meal to any child; fully and permanently correct the verify that the specified corrective (v) The claiming of Program payments serious deficiency(ies) within the action has been taken. for meals not served to participating allotted time will result in either the (2) For serious deficiencies requiring children; denial of a new sponsor’s application the long-term revision of management (vi) Service of a significant number of and the disqualification of the sponsor systems or processes, the corrective meals which did not include required and the responsible principals and action must be approved by the FNSRO quantities of all meal components; responsible individuals; and must include milestones and a (vii) Excessive instances of off-site (vi) For renewing and participating definite completion date that the State meal consumption; and sponsors, that failure to fully and agency will monitor. The determination (viii) Continued use of food service permanently correct the serious of serious deficiency will remain in management companies that are in deficiency(ies) within the allotted time effect until the State agency determines violation of health codes. will result in the State agency’s denial that the serious deficiency(ies) has(ve) (5) Termination or disqualification of the renewing sponsor’s application, been fully and permanently corrected from another Child Nutrition Program, the termination of the sponsor’s within the allotted time. in accordance with § 225.6(b)(12)(i); and agreement, and the disqualification of (3) At the same time the notice of (6) Any action affecting the sponsor’s the sponsor and the responsible serious deficiency is issued, the State ability to administer the Program in principals and responsible individuals; agency must also update the State accordance with Program requirements. (vii) That the State agency will not agency list to indicate that the corrective (d) Serious deficiency procedures. (1) pay any claims for reimbursement or action plan has been issued and provide If the State agency determines that a allowable administrative expenses a copy of the corrective action plan to sponsor has committed one or more incurred until the State agency has the appropriate FNSRO. serious deficiencies listed in paragraph approved any sponsor’s application and (f) Successful corrective action. If (c) of this section, the State agency must the sponsor has signed a Program corrective action has been taken to fully declare the sponsor to be seriously agreement; and permanently correct the serious deficient. (viii) For renewing and participating deficiency(ies) within the allotted time (2) If the State agency determines that sponsors, that the sponsor’s withdrawal and to the State agency’s satisfaction, a responsible principal or individual of its application, after having been the State agency must: has committed one or more serious notified that it is seriously deficient, (1) Notify the sponsor’s Executive deficiencies listed in paragraph (c) of will still result in the sponsor’s formal Director and Chairman of the Board of this section, the State agency must termination by the State agency and Directors, and the responsible principals declare the responsible principal or placement of the sponsor and its and responsible individuals, that the individual to be seriously deficient. responsible principals and individuals State agency has temporarily deferred (3) If the State agency holds an on the National disqualified list; its serious deficiency determination; agreement with a sponsor whose (ix) That, if the sponsor voluntarily and principal FNS determines to be terminates its agreement after receiving (2) Offer the new or renewing sponsor seriously deficient and subsequently the notice of serious deficiency, the the opportunity to resubmit its disqualified, the State agency must sponsor and the responsible principals application. If the new or renewing determine the sponsor to be seriously and responsible individuals will be sponsor resubmits its application, the deficient and initiate action to terminate disqualified; and State agency must complete its review and disqualify the sponsor. The State (x) That, if the State agency does not of the application within 30 days after agency must initiate these actions no possess the date of birth for any receiving a complete and correct later than 10 days after the date of the individual named as a ‘‘responsible application. principal’s disqualification by FNS. principal or individual’’ in the serious (3) If corrective action is complete for (4) If the State agency determines a deficiency notice, the submission of that the sponsor but not for all of the sponsor, responsible principal or person’s date of birth is a condition of responsible principals and responsible individual to be seriously deficient, the corrective action for the sponsor and/or individuals (or vice versa), the State State agency must notify the sponsor’s individual. agency must continue with the actions Executive Director and Chairman of the (5) State agency list. At the same time against the remaining parties; Board of Directors. The notice must the notice is issued, the State agency (4) At the same time the notice is identify the responsible principals and must add the sponsor, responsible issued as required under paragraph responsible individuals (e.g., for new principals and/or individuals to the (f)(1), the State agency must also update sponsor, the person who signed the State agency list, indicate that the notice the State agency list to indicate that the application) and must be sent to those of serious deficiency(ies) has(ve) been serious deficiency(ies) has(ve) been persons as well. The State agency may issued, include the basis for the serious corrected and provide a copy of the specify in the notice different corrective deficiency determination, and provide a notice to the appropriate FNSRO; and action, and time periods for completing copy of the notice to the appropriate (5) If the State agency initially the corrective action for the sponsor, the FNSRO. determines that the sponsor’s corrective

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action is complete, but later determines principals and responsible individuals, of this chapter to ensure information is that the serious deficiency(ies) has of the termination and disqualification. shared for Program purposes and on a recurred, the State agency must move At the same time the notice is issued, timely basis. immediately to issue a notice of the State agency also must update the (i) National disqualified list. (1) FNS termination and proposed State agency list and provide a copy of will maintain the National disqualified disqualification, in accordance with the notice to the appropriate FNSRO. list and make it available to all State paragraph (g) of this section. The notice also must specify: agencies. In addition: (g) Termination procedures. (1) If (i) That the State agency is (i) No sponsor, responsible principals corrective action is not taken to fully terminating the sponsor’s agreement and or responsible individuals on the and permanently correct the serious will disqualify the sponsor and the National disqualified lists under this deficiency(ies) within the timeframe responsible principals and responsible part or § 226.6 of this chapter may established in paragraph (e)(1) of this individuals; participate in the Program as a sponsor section, the State agency must (ii) The basis for the actions; and or site. The State agency must not immediately terminate the sponsor’s (iii) The procedures for seeking an approve the application of a new or agreement. administrative review of the application renewing sponsor if the sponsor, (2) The State agency shall terminate denial and/or termination as provided responsible principals or responsible the participation of a sponsor’s site if in § 225.13. individuals are on the National the site or sponsor fails to take action to (8) If this action results in children disqualified lists under this part or correct the Program violations noted in not receiving meals under the Program, § 226.6 of this chapter. If the State a State agency review report within the the State agency shall make reasonable agency holds an agreement with a timeframes established by the corrective effort to locate another source of meal sponsor that has been placed on the action plan. service for these children. National disqualified lists under this (3) The State agency shall (h) Disqualification procedures. (1) part or § 226.6 of this chapter, the State immediately terminate the participation When the time for requesting an agency must terminate the agreement. of a sponsor’s site if during a review it administrative review expires or when (ii) No individual on the National determines that the health or safety of the administrative review official disqualified lists under this part or the participating children is imminently upholds the State agency’s denial of the § 226.6 of this chapter, may serve as a threatened. sponsor’s application or termination, principal for any sponsor or as a site (4) If the site is vended, the State the State agency must notify the operator. agency shall within 48 hours notify the sponsor’s Executive Director and (2) Once included on the National food service management company Chairman of the Board of Directors, and disqualified list, a sponsor and providing meals to the site of the site’s the responsible principals and responsible principals and responsible termination. responsible individuals that the sponsor individuals remain on the National (5) If the State agency holds an and the responsible principal and disqualified list until such time as FNS, agreement with a sponsor that FNS responsible individuals have been in consultation with the appropriate determines to be seriously deficient and disqualified. State agency, determines that the (2) At the same time the notice of subsequently disqualifies, the State serious deficiency(ies) that led to their disqualification is issued, the State agency must terminate the institution’s placement on the list has(ve) been agency must update the State agency agreement effective no later than 10 corrected, or until seven years have list. The State agency must provide a days after the date of the sponsor’s elapsed since they were disqualified copy of the notice and the mailing disqualification by FNS. As noted in from participation. However, if the address and date of birth for each § 225.13(f)(4), the disqualification is not sponsor, principal or individual has responsible principal and responsible subject to administrative review. At the failed to repay debts owed under the individual to the appropriate FNSRO to same time the notice of disqualification Program, they will remain on the list place the sponsor, responsible principal is issued, the State agency must add the until the debt has been repaid; and sponsor to the State agency list and and/or responsible individuals on the (3) Within 10 days of disqualifying a provide a copy of the notice to the National disqualified list. If the State sponsor, the State agency must provide appropriate FNSRO. agency does not administer all programs the appropriate FNSRO the full legal (6) If the State agency holds an authorized under this part or parts 210, name, previously used names, mailing agreement with a sponsor operating in 215, 220 and 226 of this chapter, the address, and date of birth of each more than one State that another State State agency must develop a process to responsible party, which includes, but determines to be seriously deficient and share information on sponsors, is not limited to, the Executive Director subsequently disqualifies, the State responsible principals and responsible and Chairman of the Board of Directors. agency must terminate the institution’s individuals that were terminated and In addition, the sponsor’s Federal agreement effective no later than 10 disqualified, with any other State Employer Identification Numbers (FEIN) days after the date of the sponsor’s agency in its State, administering a and/or the Dun and Bradstreet Data disqualification by FNS. As noted in Child Nutrition Program. The State Universal Numbering System (DUNS) § 225.13(f)(4), the disqualification is not agency also must notify any State numbers must be provided. subject to administrative review. At the agency in its State, administering a (4) A sponsor or a responsible same time the notice of disqualification program under parts 246 and 248 of this principal or individual may only be is issued, the State agency must add the chapter, of the termination and removed from the National disqualified sponsor to the State agency list and disqualification of any sponsor, list based on the determination of the provide a copy of the notice to the responsible principal, or responsible State agency with concurrence from appropriate FNSRO. individual. The process must be FNS. (7) If the State agency terminates the approved by the FNSRO and must ■ 21. In § 225.13, sponsor’s agreement for cause, the State ensure the State agency works closely ■ a. Revise paragraph (a); and agency must notify the sponsor’s with any other State agency within the ■ b. Add paragraphs (e) and (f). Executive Director and Chairman of the State administering the programs under The revision and additions read as Board of Directors, and the responsible parts 210, 215, 220, 226, 246, and 248 follows:

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§ 225.13 Appeal procedures. The additions read as follows: meal reimbursement earned for the (a) Each State agency shall establish a fiscal year. § 225.14 Requirements for sponsor (4) The State agency must inform the procedure to be followed by an participation. applicant appealing: A denial of an FNSRO at least 30 days prior to application for participation (except if * * * * * establishing an assessment under this (c) * * * the applicant has failed to complete a paragraph. The State agency must send (3) Has not been terminated from any the sponsor written notification of the corrective action plan from the previous program authorized under this part or year); a denial of a sponsor’s request for assessment established under this parts 210, 215, 220 and 226 of this paragraph and provide a copy of the an advance payment; a denial of a chapter during the past seven years sponsor’s claim for reimbursement notification to the FNSRO. The unless reinstated in, or determined notification must: (except for late submission under eligible for, that program, as specified in § 225.9(d)(6)); a State agency’s refusal to (i) Specify the violations or actions § 225.6(b)(12); which constitute the basis for the forward to FNS an exception request by (4) Is not currently listed on the assessment and indicate the amount of the sponsor for payment of a late claim National disqualified lists under this the assessment; or a request for an upward adjustment part or § 226.6 of this chapter; to a claim; a claim against a sponsor for (ii) Inform the sponsor that it may remittance of a payment; an assessment * * * * * appeal the assessment and advise the ■ 23. In § 225.18, sponsor of the appeal procedures established under § 225.18(k); the ■ a. Remove paragraph (b)(2) and termination of the sponsor or a site; established under § 225.13; and redesignate paragraph (b)(3) as (iii) Indicate the effective date and termination of a sponsor’s agreement; a paragraph (b)(2); denial of a sponsor’s application for a ■ payment procedures should the sponsor b. Amend newly redesignated not exercise its right to appeal within site; a denial of a food service paragraph (b)(2) by removing the words management company’s application for the specified timeframe. ’’any funds paid to the State agency or (5) Any sponsor subject to an registration, if applicable; the revocation a sponsor or’’ and ’’or by the State of a food service management assessment under paragraph (k)(1) of agency from a sponsor’’; this section may appeal the State company’s registration, if applicable; or ■ c. Add paragraph (k). any other action of the State agency The addition reads as follows: agency’s determination. In appealing an affecting a sponsor’s participation, or its assessment, the sponsor must submit to claim for reimbursement. Appeals shall § 225.18 Miscellaneous administrative the State agency any pertinent not be allowed on decisions made by provisions. information, explanation, or evidence FNS with respect to late claims or * * * * * addressing the Program violations upward adjustments under § 225.9(d)(6). (k) Assessments. identified by the State agency. Any (1) The State agency may establish an sponsor seeking to appeal the State * * * * * assessment against any sponsor when it (e) The State agency’s administrative agency determination must follow State has determined that the sponsor or site review procedures must be provided: agency appeal procedures. has: (6) The decision of the State agency (1) Annually to all sponsors; (i) Failed to correct severe review official is final and not subject to (2) To a sponsor and to each mismanagement of the Program; further administrative or judicial responsible principal and responsible (ii) Disregarded a Program review. Failure to pay an assessment individual when the State agency takes requirement of which the sponsor or site established under this paragraph may be any action subject to an administrative had been informed; or grounds for suspension or termination. review; and (iii) Failed to correct repeated (7) Money received by the State (3) Any other time upon request. violations of Program requirements. agency as a result of an assessment (f) The State agency is prohibited from (2) FNS may direct the State agency established under this paragraph against offering administrative reviews of the to establish an assessment against any a sponsor and any interest charged in following actions: sponsor when it has determined that the the collection of these assessments must (1) A decision by FNS to deny an sponsor or site meets the criteria set be remitted to FNS. exception request by a sponsor for forth under paragraph (k)(1) of this payment of a late claim, or for an section. PART 226—THE CHILD AND ADULT upward adjustment to a claim; (3) Funds used to pay an assessment CARE FOOD PROGRAM (2) A determination that a sponsor is established under this paragraph must seriously deficient; be derived from non-federal sources. In ■ 24. The authority citation for part 226 (3) A determination by the State calculating an assessment, the State continues to read as follows: agency that the corrective action taken agency must base the amount of the Authority: Secs. 9, 11, 14, 16, and 17, by a sponsor does not completely and assessment on the reimbursement Richard B. Russell National School Lunch permanently correct a serious earned by the sponsor or site for this Act, as amended (42 U.S.C. 1758, 1759a, deficiency; Program for the most recent fiscal year 1762a, 1765 and 1766). (4) Disqualification of a sponsor or a for which closeout data are available, ■ 25. In § 226.2, responsible principal or responsible provided that the assessment does not ■ a. Amend the definition of ‘‘Facility’’ individual, and the subsequent exceed the equivalent of: by removing the word ‘‘family’’; and placement on the State agency list and (i) For the first assessment, 1 percent ■ b. Revise the definitions of ‘‘State the National disqualified list; or of the amount of meal reimbursement agency list’’ and ‘‘Termination for (5) Termination of a sponsor or earned for the fiscal year; convenience’’. responsible principal or responsible (ii) For the second assessment, 5 The revisions read as follows: individual under § 225.6(b)(12(i). percent of the amount of meal ■ 22. In § 225.14, redesignate reimbursement earned for the fiscal § 226.2 Definitions. paragraphs (c)(3) through (c)(7) as year; and * * * * * paragraphs (c)(5), through (c)(9); and (iii) For the third or subsequent State agency list means an actual add new paragraphs (c)(3) and (c)(4). assessment, 10 percent of the amount of paper or electronic list, or the

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retrievable paper records, maintained by criteria related to the effective use of ■ r. Revise paragraph (m)(3)(ix); and the State agency, that includes a funds to improve program management. ■ s. Revise paragraphs (m)(6)(i) and synopsis of information concerning The total amount of audit funds made (m)(6)(ii). seriously deficient institutions and available to any State agency under this The additions and revisions read as providers or unaffiliated centers paragraph may not exceed two percent follows: terminated for cause in that State. The of Program funds used by the State § 226.6 State agency administrative list must be made available to FNS upon during the second fiscal year preceding responsibilities. request, and must include the following the fiscal year for which the funds are * * * * * information: made available. The amount of (a) Institutions determined to be (b) * * * assistance provided to a State under this (1) * * * seriously deficient by the State agency, paragraph in any fiscal year may not (xiii) Ineligibility for other publicly including the full legal names, and any exceed the State’s expenditures under funded programs. other names previously used, and § 226.8 during the fiscal year in which (A) General. A State agency is mailing addresses of the institutions, the funds are made available. prohibited from approving an basis for each serious deficiency * * * * * institution’s application if, during the determination, and the status of the ■ 27. In § 226.6, past seven years, the institution or any institutions as they move through the ■ a. Revise paragraph (b)(1)(xiii)(A); of its principals have been declared possible subsequent stages of corrective ■ b. Revise paragraph (b)(1)(xv); ineligible for any other publicly funded action, proposed termination, ■ c. Revise paragraph (b)(4) program by reason of violating that suspension, agreement termination, ■ d. Amend paragraph (c)(2)(ii)(H) by program’s requirements. This and/or disqualification, as applicable; removing the words ‘‘day care home’’ prohibition does not apply if the (b) Responsible principals and and adding the phrase ‘‘relating to day institution or the principal has been responsible individuals who have been care homes and unaffiliated centers as’’ fully reinstated in, or determined disqualified from participation by the after the word ‘‘provisions’’; eligible for, that program, including the State agency, including their full legal ■ e. Amend paragraph (c)(3)(ii)(R) by payment of any debts owed. names, and any other names previously removing the words ‘‘day care home’’ (1) A State agency is prohibited from used, mailing addresses, and dates of and adding the phrase ‘‘relating to day approving an institution’s application if, birth; and care homes and unaffiliated centers as’’ during the past seven years, the (c) Day care home providers or after the word ‘‘provisions’’; institution, unaffiliated center, day care unaffiliated centers whose agreements ■ f. Revise paragraphs (c)(7)(vi) and home provider, or any principals were have been terminated for cause by a (c)(8); terminated for cause from any program sponsoring organization in the State, ■ g. Amend paragraph (k)(2)(xi) by authorized under parts 210, 215, 220, including their full legal names, and any removing ‘and’ 225 of this chapter; or any institution, other names previously used, mailing ■ h. Redesignate paragraph (k)(2)(xii) as unaffiliated center, day care home addresses, and dates of birth. paragraph (k)(2)(xiii) and add new provider, or any principals are currently * * * * * paragraph (k)(2)(xii); listed on the National disqualified lists Termination for convenience means ■ i. Amend paragraph (k)(5)(ii) by under this part or § 225.11 of this termination of a Program agreement due adding a second sentence at the end of chapter. to considerations unrelated to either the paragraph; (2) State agencies must develop a party’s performance of Program ■ j. Amend paragraph (k)(5)(ix) by process to share information on any responsibilities under the agreement adding the third sentence at the end of institution, unaffiliated center, day care between; the paragraph; home provider, or principal terminated (a) A State agency and the sponsoring ■ k. Add paragraph (k)(11); or disqualified under this part with any organization; ■ agency within the State administering a (b) A sponsoring organization and the l. Amend paragraph (l) by revising the Child Nutrition Program under parts unaffiliated center; or paragraph heading and by revising 210, 215, 220, and 225 of this chapter. (c) A sponsoring organization and the paragraph (l)(1); ■ State agencies also must notify any day care home. m. Amend paragraph (l)(2) by adding the words ‘‘and/or unaffiliated center’’ agency within the State administering a * * * * * program under parts 246 and 248 of this ■ 26. In § 226.4, revise paragraph (j) to after the word ‘‘home’’; ■ chapter, of the termination and read as follows: n. Amend paragraph (l)(4) by adding the words ‘‘and unaffiliated centers’’ disqualification of any institution, § 226.4 Payments to States and use of after the word ‘‘homes’’ in the paragraph unaffiliated center, day care home funds. heading; provider, or principal. The process must * * * * * ■ o. Amend paragraph (l)(4)(i) by adding be approved by the FNSRO and must (j) Audit funds. For the expense of the words ‘‘and unaffiliated centers’’ ensure the State agency works closely conducting audits and reviews under after the word ‘‘homes’’; with any other State agency within the § 226.8, funds shall be made available to ■ p. Amend paragraph (l)(4)(ii) by State administering the programs under each State agency in an amount equal to adding the words ‘‘or an unaffiliated parts 210, 215, 220, 225, 246 and 248 of one and one-half percent of the Program center’’ after the word ‘‘home’’; this chapter to ensure information is funds used by the State during the ■ q. Amend paragraph (l)(5) by shared for program purposes and on a second fiscal year preceding the fiscal removing the words ‘‘election pursuant’’ timely basis. year for which these funds are to be and adding the words ‘‘election(s) * * * * * made available. Beginning in fiscal year according’’ in their place; by adding the (xv) Certification of truth of 2016 and each fiscal year thereafter, words ‘‘or unaffiliated centers’’ after the applications and submission of names State agencies may request an increase word ‘‘home’’ in all instances it appears; and addresses. Institutions must submit in the amount of funds made available and by adding the words ‘‘or a certification that all information on under this paragraph. FNS approval for unaffiliated centers’’ after the word the application is true and correct, along increased funding will be based on ‘‘homes’’; with the name, mailing address, and

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date of birth of the institution’s (i) Maintenance of the State agency institutions, as specified in paragraph executive director and chairman of the list. The State agency must maintain a (k)(11)(i) of this section. board of directors or, in the case of a for- State agency list (in the form of an * * * * * profit center that does not have an actual paper or electronic list or (11) State liability for payments. executive director or is not required to retrievable paper records). The list must (i) A State agency that fails to meet have a board of directors, the owner of be made available to FNS upon request, the 60-day timeframe set forth in the for-profit center. In addition, the and must include the following paragraph (k)(5)(ix) of this section must institution’s Federal Employer information: pay from non-Federal sources all valid Identification Numbers (FEIN) and/or (A) Institutions determined to be claims for reimbursement to the the Dun and Bradstreet Data Universal seriously deficient by the State agency, institution during the period beginning Numbering System (DUNS) numbers including the full legal names, and any on the 61st day and ending on the date must be provided; other names previously used, and on which the hearing determination is * * * * * mailing addresses of the institutions, the made. (4) Program agreements. basis for each serious deficiency (ii) FNS will notify the State agency (i) The State agency must require each determination, and the status of the of its liability for reimbursement at least institution that has been approved for institutions as they move through the 30 days before liability is imposed. The participation in the Program to enter possible subsequent stages of corrective timeframe for written notice from FNS into a permanent agreement governing action, proposed termination, is an administrative requirement and the rights and responsibilities of each suspension, agreement termination, may not be used to dispute the State’s party. The existence of a valid and/or disqualification, as applicable; liability for reimbursement. The State permanent agreement, however, does (B) Responsible principals and agency may submit for FNS review not eliminate the need for an institution individuals who have been disqualified information supporting a request for a to comply with the reapplication and from participation by the State agency, reduction or reconsideration of the related provisions at paragraphs (b) and including their full legal names, and any State’s liability for reimbursement. After (f) of this section. other names previously used, mailing review, FNS will recover any (ii) The existence of a valid addresses, and dates of birth; and improperly paid Federal funds. permanent agreement does not limit the (C) Day care home providers and (l) Administrative reviews for day care State agency’s ability to terminate the unaffiliated centers whose agreements homes and unaffiliated centers. agreement, as provided under paragraph have been terminated for cause by a (1) General. The State agency must (c)(3) of this section. The State agency sponsoring organization in the State, ensure that, when a sponsoring must terminate the institution’s including their full legal names, and any organization proposes to terminate its agreement whenever an institution’s other names previously used, mailing Program agreement with a day care participation in the Program ends. The addresses, and dates of birth. home or unaffiliated center for cause, State agency must terminate the (ii) Referral of disqualified day care the day care home or unaffiliated center agreement for cause based on violations homes and unaffiliated centers to FNS. and any responsible principals are by the institution or its responsible Within 10 days of receiving a notice of provided an opportunity for an principals in accordance with paragraph termination and disqualification from a administrative review of the proposed (c) of this section. The State agency or sponsoring organization, the State termination. The State agency may do institution may terminate the agreement agency must provide the appropriate this either by electing to offer a State- at its convenience for considerations FNSRO the name, mailing address, and level administrative review, or by unrelated to the institution’s date of birth of each day care home electing to require the sponsoring performance of Program responsibilities provider, unaffiliated centers, or organization to offer an administrative under the agreement. responsible principals and responsible review. State agencies may make * * * * * individuals whose agreement is different elections with regard to who (c) * * * terminated for cause. offers the administrative review for day (7) * * * * * * * * care homes and for unaffiliated centers; (vi) Removal of day care homes and (k) * * * however, the same election must apply to all day care homes and the same unaffiliated centers or responsible (2) * * * election must apply to all unaffiliated principals and responsible individuals (xi) Overpayment demand. Demand centers. The State agency must notify from the list. Once included on the for the remittance of an overpayment the appropriate FNSRO of its election National disqualified list, a day care (see § 226.14(a)); under this option, or any change it later home, unaffiliated center, or responsible (xii) Assessment. An assessment principals and responsible individuals makes under this option within 30 days established by FNS or the State agency of any subsequent change under this will remain on the list until such time under § 226.25(i); and as the State agency, in concurrence with option. The State agency or the the appropriate FNSRO, determines that * * * * * sponsoring organization must develop the serious deficiency(ies) that led to its (5) * * * procedures for offering and providing placement on the list has(ve) been (ii) * * * The State agency must these administrative reviews, and these corrected, or until seven years have provide a copy of the written request for procedures must be consistent with this elapsed since its agreement was an administrative review, including the paragraph (l). terminated for cause. However, if the date of receipt of the request to the * * * * * day care home, unaffiliated center, or appropriate FNSRO within 10 days of (m) * * * responsible principals and responsible its receipt of the request. (3) * * * individuals remain as failed to repay * * * * * (ix) If a sponsoring organization of debts owed under the Program, it will (ix) * * * State agencies failing to day care homes or unaffiliated centers, remain on the list until the debt has meet the timeframe set forth in this implementation of the serious been repaid. paragraph are liable for all valid claims deficiency and termination procedures (8) State agency list. for reimbursement to aggrieved for day care homes or unaffiliated

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centers and, if such procedures have (ii) Annually reviewing actual (ii) Compare the number of children been delegated to sponsoring expenditures reported of Program funds or eligible adults enrolled for care at organizations in accordance with and the amount of meal reimbursement each facility, multiplied by the number paragraph (l)(1) of this section, the funds retained from centers (if any) for of days on which the facility is administrative review procedures for administrative costs for all sponsoring approved to serve meals, to the total day care homes and unaffiliated centers; organizations of unaffiliated centers. number of meals claimed by the facility * * * * * State agencies shall reconcile reported for that month. Discrepancies between (6) * * * expenditures with Program payments to the facility’s meal claim and its (i) At least once every three years, ensure funds are fully accounted for, enrollment must be subjected to more independent centers and sponsoring and use the reported actual thorough review to determine if the organizations of 1 to 100 facilities must expenditures as the basis for selecting a claim is accurate. be reviewed. A review of such a sample of expenditures for validation. If (2) Sponsoring organizations of sponsoring organization must include the State agency identifies any unaffiliated centers must submit an reviews of 10 percent of the sponsoring expenditures that have the appearance annual report detailing actual organization’s facilities; of violating Program requirements, the expenditures of Program funds and the (ii) At least once every two years, State agency must refer the sponsoring amount of meal reimbursement funds sponsoring organizations with more organization’s account activity to the retained from centers (if any) for than 100 facilities, sponsoring appropriate State authorities for administrative costs for the year to organizations that conduct activities verification: And which the claims apply. The report shall other than CACFP with 1 to 100 (iii) Monitoring and reviewing the use the same cost categories as the facilities and independent centers and institutions’ documentation of their approved annual budget submitted by sponsoring organizations that have been nonprofit status to ensure that all the sponsoring organization. identified during a previous review as Program reimbursement funds are used: (3) Sponsoring organizations of for- having serious management problems or (A) Solely for the conduct of the food profit child care centers or for-profit that are at risk of having serious service operation; or outside-school-hours care centers must management problems must be (B) To improve such food service submit the number and percentage of reviewed. These reviews must include operations, principally for the benefit of children in care (enrolled or licensed reviews of 5 percent of the first 1,000 the participants. capacity, whichever is less) that facilities and 2.5 percent of the facilities (2) The financial management system documents that at least 25 percent are in excess of 1,000; and standards for institutional eligible for free or reduced-price meals recordkeeping and reporting shall: or are title XX beneficiaries. Sponsoring * * * * * organizations of such centers must not ■ 28. In § 226.7, (i) Prohibit claiming reimbursement ■ a. Revise paragraph (b); and for meals provided by participant’s submit a claim for any for-profit center ■ b. Remove paragraph (m). family, except as authorized § 226.18(e); in which less than 25 percent of the The revision reads as follows: and children in care (enrolled or licensed (ii) Allow the cost of meals served to capacity, whichever is less) during the § 226.7 State agency responsibilities for adults who perform necessary food claim month were eligible for free or financial management. service labor under the Program, except reduced-price meals or were title XX * * * * * in day care homes. beneficiaries. (b) Financial management system. * * * * * (4) For each month in which Each State agency shall establish and ■ 29. In § 226.10, revise paragraph (c) to independent for-profit child care centers maintain an acceptable financial read as follows: and independent for-profit outside- management system, adhere to financial school-hours care centers claim management standards and otherwise § 226.10 Program payment procedures. reimbursement, they must submit the carry out financial management policies * * * * * number and percentage of children in in accordance with 2 CFR parts 200, (c) Claims for Reimbursement shall care (enrolled or licensed capacity, 400, 415, 416, 417, 418, 421, and FNS report information in accordance with whichever is less) that documents at Instruction 796–2, as applicable, and the financial management system least 25 percent are eligible for free or related FNS guidance to identify established by the State agency, and in reduced-price meals or are title XX allowable Program costs and establish sufficient detail to justify the beneficiaries. However, children who standards for institutional reimbursement claimed and to enable only receive at-risk afterschool snacks recordkeeping and report. The State the State agency to provide the final and/or at-risk afterschool meals must agency shall provide guidance on Report of the Child and Adult Care Food not be considered in determining this financial management requirements to Program (FNS 44) required under eligibility. each institution. § 226.7(d). In submitting a Claim for (5) Independent for-profit adult day (1) State agencies shall also have a Reimbursement, each institution shall care centers shall submit the system in place for: certify that the claim is correct and that percentages of enrolled adult (i) Annually reviewing at least one records are available to support that participants receiving title XIX or title month’s bank account activity of all claim. XX benefits for the month claimed for sponsoring organizations against (1) Prior to submitting its months in which not less than 25 documents adequate to support that the consolidated monthly claim to the State percent of enrolled adult participants transactions meet program agency, each sponsoring organization were title XIX or title XX beneficiaries. requirements. If the State agency must perform edit checks on each Sponsoring organizations of such adult identifies any expenditures that have facility’s meal claim. At a minimum, the day care centers shall submit the the appearance of violating Program sponsoring organization’s edit checks percentage of enrolled adult participants requirements, the State agency must must: receiving title XIX or title XX benefits refer the sponsoring organization’s (i) Verify that each facility has been for each center for the claim. Sponsoring account activity to the appropriate State approved to serve the types of meals organizations of such centers shall not authorities for verification; claimed; and submit claims for adult day care centers

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in which less than 25 percent of ■ r. Revise paragraphs (l)(3)(ii) and any debts owed. However this enrolled adult participants were title (l)(3)(iii); prohibition does not apply if the XIX or title XX beneficiaries for the ■ s. Amend paragraph (l)(3)(iv) by unaffiliated center or any of its month claimed. adding the phrase ‘‘or unaffiliated responsible principals have been fully * * * * * center’s’’ after the word ‘‘home’s’’; reinstated in, or are now eligible to ■ 30. In § 226.16, ■ t. Amend paragraph (l)(3)(v) by adding participate in, that program. ■ a. Amend paragraph (b)(2) and (b)(3) the phrase ‘‘or unaffiliated center’s’’ (3) * * * by removing the phrase ‘‘child care and after the word ‘‘home’s’’ both times it (ii) Successful corrective action. If the adult day care’’; appears and adding the phrase ‘‘or day care home or unaffiliated center ■ b. Amend paragraph (b)(4) by unaffiliated center’’ after the word corrects the serious deficiency(ies) removing the phrase ‘‘on or after June ‘‘home’’; within the allotted time and to the 20, 2000’’; ■ u. Revise paragraph (l)(4); and sponsoring organization’s satisfaction, ■ c. Amend paragraph (b)(6), by adding ■ v. Revise paragraph (m). the sponsoring organization must notify the phrase ‘‘or unaffiliated center’’ after The addition and revisions read as the day care home or unaffiliated center the word ‘‘home’’ in the first sentence; follows: that it has temporarily deferred its and by adding the phrase ‘‘or an § 226.16 Sponsoring organization determination of serious deficiency. The unaffiliated center’s’’ after the word provisions. sponsoring organization must also ‘‘home’s’’ in the second sentence; provide a copy of the notice to the State * * * * * ■ d. Amend paragraph (b)(8) by adding (d) * * * agency. However, if the sponsoring the phrase ‘‘or unaffiliated centers’’ after (3) Additional mandatory training organization accepts the day care the word ‘‘homes’’; sessions, as defined by the State agency, home’s or unaffiliated center’s ■ e. Amend paragraph (c) by removing for key staff from all sponsored facilities corrective action, but later determines the phrase ‘‘child care and adult day not less frequently than annually. At a that the corrective action was not care’’; permanent or complete, the sponsoring ■ f. Amend paragraph (d)(1) by minimum, such training must include instruction, appropriate to the level of organization must then propose to removing the phrase ‘‘child care and terminate the day care home’s or adult day care’’ after the word ‘‘each’’ staff experience and duties, on the Program’s meal patterns, meal counts, unaffiliated center’s Program agreement and the phrase ‘‘child care’’ after the and disqualify any responsible phrase ‘‘capability of the’’; claims submission and review procedures, recordkeeping principals, as set forth in paragraph ■ g. Revise paragraph (d)(3); (l)(3)(iii) of this section. ■ h. Amend paragraph (i) by removing requirements, and reimbursement system. (iii) Proposed termination of the phrase ‘‘child care and adult day agreement and proposed care’’; * * * * * disqualification. If timely corrective ■ (l) * * * i. Amend paragraph (l)(1) by adding action is not taken to fully and (2) * * * the phrase ‘‘or an unaffiliated center’’ permanently correct the serious after the word ‘‘home’’ both times it (x) For unaffiliated centers only: (A) Use of a food service management deficiency(ies) cited, the sponsoring appears in the text; organization must issue a notice ■ j. Amend paragraph (l)(2) by adding company that is in violation of health codes; proposing to terminate the day care the phrase ‘‘or unaffiliated centers’’ after home’s or unaffiliated center’s the word ‘‘homes’’ in the paragraph (B) Failure to adjust meal orders to conform to variations in the number of agreement for cause. The notice must heading and in the introductory text; explain the day care home’s or ■ k. Amend paragraph (1)(2)(vii) by participants; unaffiliated center’s opportunity for an adding the phrase ‘‘, unaffiliated center (C) Claiming reimbursement for meals administrative review of the proposed or responsible principle’’ after the word served by a for-profit child care center termination in accordance with ‘‘home’’; or a for-profit outside-school-hours case § 226.6(l). The sponsoring organization ■ l. Add paragraph (l)(2)(x); center during a calendar month in ■ m. Amend paragraph (l)(3) by adding which less than 25 percent of the must provide a copy of the notice to the the phrase ‘‘or unaffiliated center’’ after children in care (enrolled or licensed State agency. The notice must specify the word ‘‘home’’ each time it appears capacity, whichever is less) were that: in the text; eligible for free or reduced-price meals (A) It may continue to participate and ■ n. Amend paragraph (l)(3)(i) by or were title XX beneficiaries; receive Program reimbursement for adding the phrase ‘‘or unaffiliated (D) Claiming reimbursement for meals eligible meals served until its center’’ after the word ‘‘home’’; served by a for-profit adult day care administrative review is concluded; ■ o. Amend paragraph (l)(3)(i)(B) by center during a calendar month in (B) Termination of the day care adding the phrase ‘‘or unaffiliated which less than 25 percent of its home’s or unaffiliated center’s center’’ after the word ‘‘home’’; enrolled adult participants were title agreement will result in termination for ■ p. Amend paragraph (l)(3)(i)(E) by XIX or title XX beneficiaries; cause and disqualification; and adding the phrase ‘‘or unaffiliated (E) Failure to perform any of the other (C) If the day care home seeks to center’s’’ after the word ‘‘home’s’’; and financial and administrative voluntarily terminate its agreement after removing the words ‘‘and its’’ and responsibilities required by this part; receiving the notice of intent to adding the words ‘‘, unaffiliated center (F) The fact that the unaffiliated terminate, the day care home or or any responsible’’ in their place; sponsored center or any of its unaffiliated center or any responsible ■ q. Amend paragraph (l)(3)(i)(F) by responsible principals have been principals will still be placed on the adding the phrase ‘‘or unaffiliated declared ineligible for any other National disqualified list. center’s’’ after the word ‘‘home’s’’ both publicly funded program by reason of * * * * * times it appears in the text; and violating that program’s requirements (4) Suspension of participation for removing the words ‘‘and its’’ and during the past seven years unless day care homes or unaffiliated centers. adding the words ‘‘, unaffiliated center, reinstated in, or determined eligible for, (i) General. If State or local health or or any responsible’’ in their place; that program, including the payment of licensing officials have cited a day care

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home or an unaffiliated center for center on the National disqualified list; § 226.25 Other provisions. serious health or safety violations, the and * * * * * sponsoring organization must (E) If the day care home or (i) Assessments. immediately suspend the day care unaffiliated center seeks to voluntarily (1) The State agency may establish an home’s or unaffiliated center’s CACFP terminate its agreement after receiving assessment against any institution when participation prior to any formal action the notice of proposed termination, the it has determined that the institution, to revoke the day care home’s or day care home or unaffiliated center unaffiliated center, or day care provider unaffiliated center’s licensure or will still be terminated for cause and has: approval. If the sponsoring organization disqualified. (i) Failed to correct severe determines that there is an imminent (iii) Agreement termination and mismanagement of the Program; threat to the health or safety of disqualification. The sponsoring (ii) Disregarded a Program participants at a day care home or an organization must immediately requirement of which the institution, unaffiliated center, or that the day care terminate the day care home’s or unaffiliated center, or day care provider home or an unaffiliated center has unaffiliated center’s agreement and had been informed; or engaged in activities that threaten the disqualify the day care home or (iii) Failed to correct repeated public health or safety, and the unaffiliated center when the violations of Program requirements. licensing agency cannot make an administrative review official upholds (2) FNS may direct the State agency immediate onsite visit, the sponsoring the sponsoring organization’s proposed to establish an assessment against any organization must immediately notify termination, or when the day care institution when it has determined that the appropriate State or local licensing home’s or unaffiliated center’s the institution, unaffiliated center, or and health authorities and take action opportunity to request an administrative day care provider has committed one or that is consistent with the review expires. more acts under paragraph (i)(1) of this recommendations and requirements of (iv) Program payments. A sponsoring section. those authorities. An imminent threat to organization is prohibited from making (3) Funds used to pay an assessment the health or safety of participants and any Program payments to a day care established under this paragraph must engaging in activities that threaten the home or unaffiliated center that has be derived from non-federal sources. In public health or safety constitute serious been suspended until any calculating an assessment, the State deficiencies; however, the sponsoring administrative review of the proposed agency must base the amount of the organization must use the procedures in termination is completed. If the assessment on the reimbursement this paragraph (l)(4) of this section (and suspended day care home or earned by the institution, unaffiliated not the procedures in paragraph (l)(3) of unaffiliated center prevails in the center, or day care provider for this this section) to provide the day care administrative review of the proposed Program for the most recent fiscal year home or an unaffiliated center notice of termination, the sponsoring for which closeout data are available, the suspension of participation, serious organization must reimburse the day provided that the assessment does not deficiency, and proposed termination of care home or unaffiliated center for exceed the equivalent of: the day care home’s or an unaffiliated eligible meals served during the (i) For the first assessment, 1 percent center’s agreement. suspension period. of the amount of meal reimbursement (ii) Notice of suspension, serious (m) Sponsoring organizations of day earned for the fiscal year; deficiency, and proposed termination. care homes or unaffiliated centers must (ii) For the second assessment, 5 The sponsoring organization must notify not make payments to employees or percent of the amount of meal the day care home or unaffiliated center contractors solely on the basis of the reimbursement earned for the fiscal that its participation has been number of homes or centers recruited. year; and suspended, that the day care home or However, such employees or contractors (iii) For the third or subsequent unaffiliated center has been determined may be paid or evaluated on the basis assessment, 10 percent of the amount of seriously deficient, and that the of recruitment activities accomplished. meal reimbursement earned for the sponsoring organization proposes to fiscal year. terminate the agreement for cause, and § 226.21 [Amended] (4) The State agency must inform the must provide a copy of the notice to the ■ 31. In § 226.21, amend paragraph (a) FNSRO at least 30 days prior to State agency. The notice must specify by removing the text ‘‘$10,000’’ and establishing an assessment under this that: adding in its place the words ‘‘the small paragraph. The State agency must send (A) The serious deficiency(ies) found purchase threshold as defined by 2 CFR the institution written notification of an and the day care home or unaffiliated 200.88 and established by 41 U.S.C. 134, assessment established under this center’s opportunity for an as applicable,’’. paragraph and provide a copy of the administrative review of the proposed ■ 32. In § 226.22, notification to the FNSRO. The termination in accordance with ■ a. Amend paragraph (i)(1) by notification must: § 226.6(l); removing the text ‘‘$10,000’’ and adding (i) Specify the violations or actions (B) Participation (including all in its place the words ‘‘the small which constitute the basis for the Program payments) will remain purchase threshold as defined by 2 CFR assessment and indicate the amount of suspended until the administrative 200.88 and established by 41 U.S.C. 134 the assessment; review is concluded; as applicable’’ both times it appears; (ii) Inform the institution that it may (C) If the administrative review and appeal the assessment and advise the official overturns the suspension, the ■ b. Amend paragraph (l)(2) and (l)(3) by institution of the appeal procedures day care home or unaffiliated center removing the text ‘‘$10,000’’ and adding established under § 226.6(k); may claim reimbursement for eligible in its place the words ‘‘the small (iii) Indicate the effective date and meals served during the suspension; purchase threshold as defined by 2 CFR payment procedures should the (D) Termination of the day care 200.88 and established by 41 U.S.C. 134, institution not exercise its right to home’s or unaffiliated center’s as applicable,’’ both times it appears: appeal within the specified timeframe. agreement will result in the placement ■ 33. In 226.25, add paragraph (i) to (5) Any institution subject to an of the day care home or unaffiliated read as follows: assessment under paragraph (i)(1) of this

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section may appeal the State agency’s ■ b. Amend newly redesignated be derived from non-federal sources. determination. In appealing an paragraph (e) by removing the phrase The amount of the assessment will not assessment, the institution must submit ‘‘or (c)’’ after the phrase ‘‘paragraphs exceed the equivalent of: to the State agency any pertinent (b)’’ and adding in its place the phrase (i) For the first assessment, 1 percent information, explanation, or evidence ‘‘, (c) or (d)’’; and of the funds made available under ■ addressing the Program violations c. Amend newly redesignated § 235.4 during the most recent fiscal identified by the State agency. Any paragraph (g) by adding in the first year for which closeout data are institution seeking to appeal the State sentence ‘‘and (c)’’ after the words available; agency determination must follow State ‘‘provisions of paragraph (b)’’; and agency appeal procedures. adding the words ‘‘or assessment’’ after (ii) For the second assessment, 5 (6) The decision of the State agency the word ‘‘sanction’’ each time it percent of the funds made available review official is final and not subject to appears. under § 235.4 during the most recent further administrative or judicial The addition reads as follows: fiscal year for which closeout data are review. Failure to pay an assessment available; and § 235.11 Other provisions. established under this paragraph may be (iii) For the third or subsequent grounds for suspension or termination. * * * * * assessment, 10 percent of the funds (7) Money received by the State (c) Assessments. made available under § 235.4 during the (1) FNS may establish an assessment agency as a result of an assessment most recent fiscal year for which against any State agency administering established under this paragraph against closeout data are available. an institution and any interest charged the programs under parts 210, 215, 220, in the collection of these assessments 225 and 226 of this chapter and in part (3) State agencies seeking to appeal an must be remitted to FNS. 250 of this chapter as it applies to the assessment established under this operation of the Food Distribution paragraph must follow the procedures PART 235—STATE ADMINISTRATIVE Program in schools and child and adult set forth in § 235.11(g). Failure to pay an EXPENSE FUNDS care institutions when it has determined assessment established under this that the State agency has: paragraph may be grounds for ■ 34. The authority citation for part 235 (i) Failed to correct a State or local suspension or termination. continues to read as follows: mismanagement of the programs; * * * * * Authority: Secs. 7 and 10 of the Child (ii) Disregarded a program Dated: March 22, 2016. Nutrition Act of 1966, 80 Stat. 888, 889, as requirement of which the State has been amended (42 U.S.C. 1776, 1779). informed; or Kevin Concannon, ■ 35. In § 235.11, (iii) Failed to correct repeated Under Secretary, Food, Nutrition and ■ a. Redesignate paragraphs (c), (d), (e) violations of the program requirements. Consumer Services. and (f) as paragraphs (d), (e), (f) and (g); (2) Funds used to pay an assessment [FR Doc. 2016–06801 Filed 3–28–16; 8:45 am] and add new paragraph (c); established under paragraph (c)(1) must BILLING CODE 3410–30–P

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Part III

The President

Proclamation 9409—Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2016

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Federal Register Presidential Documents Vol. 81, No. 60

Tuesday, March 29, 2016

Title 3— Proclamation 9409 of March 24, 2016

The President Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2016

By the President of the United States of America

A Proclamation Inspired by ancient Greece’s example, America’s Founding Fathers drew on Hellenic principles to guide our democracy in its nascence. Nearly half a century after the Stars and Stripes first flew over our country, a flag was raised on a mountaintop in Greece, and a revolution spawned that would bring democracy back to its birthplace and lay the cornerstone of the close relationship enjoyed by our two nations. On the 195th anniversary of Greece’s independence, we celebrate the friendship between our countries and honor the contributions that Greek Americans have made to our national character. Our common histories are reflected in our shared values. Throughout our storied pasts, our peoples have upheld the fundamental ideals we cherish by working together to safeguard the foundation of democracy upon which both our nations are built. Greeks and Americans have long stood shoulder- to-shoulder in defense of freedom, and today, the Greek American community carries forward the legacy of past Greeks who enlightened our world by continuing to enrich our society in unique ways. Driving generations, the hope that incited both our revolutions still burns in the hearts of Greek Americans and in all those across our country who seek even greater oppor- tunity for our children and grandchildren. The Greek people have faced extraordinary challenges in recent years, yet they remain steadfast in their resilience and perseverance. In response to an ongoing refugee and migration crisis, Greece is providing humanitarian assistance to countless men, women, and children seeking freedom from persecution and violence. As Americans, we stand with Greece as partners, friends, and NATO allies, and the Greek American community serves as an important bridge that helps bring us together. At our core, we share deep ties of culture and family, and respect for the fundamental rights of democratic States. Through good times and bad, we share a common commitment to security and liberty for people around the world. On this day, let us reflect on nearly two centuries of strong bonds between our nations, and let us recommit to working together to strengthen our respective democracies. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 25, 2016, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy. I call upon the people of the United States to observe this day with appropriate ceremonies and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of March, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.

[FR Doc. 2016–07222 Filed 3–28–16; 11:15 am] Billing code 3295–F6–P

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Reader Aids Federal Register Vol. 81, No. 60 Tuesday, March 29, 2016

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 246...... 10433 Presidential Documents 2 CFR 271...... 15613 Executive orders and proclamations 741–6000 Proposed Rules: 273...... 15613 The United States Government Manual 741–6000 Ch. IV...... 16099 301...... 15153 Other Services 3 CFR 905...... 10451 906...... 13967 Electronic and on-line services (voice) 741–6020 Proclamations: 966...... 15425 Privacy Act Compilation 741–6064 9388 (Revoked by 1470...... 12573 Public Laws Update Service (numbers, dates, etc.) 741–6043 9406) ...... 14683 1703...... 11000 9399...... 11091 1709...... 11000 9400...... 11093 ELECTRONIC RESEARCH 1710...... 11000 9401...... 11095 1717...... 11000 World Wide Web 9402...... 11097 1720...... 11000 9403...... 11653 1721...... 11000 Full text of the daily Federal Register, CFR and other publications 9404...... 12571 1724...... 11000 is located at: www.fdsys.gov. 9405...... 12789 1726...... 11000 Federal Register information and research tools, including Public 9406...... 14683 1737...... 11000 Inspection List, indexes, and Code of Federal Regulations are 9407...... 15611 1738...... 11000 located at: www.ofr.gov. 9408...... 17059 1739...... 11000 9409...... 17599 1740...... 11000 E-mail Executive Orders: 1753...... 11000 13584 (Revoked by 1774...... 11000 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13721) ...... 14685 1775...... 11000 an open e-mail service that provides subscribers with a digital 13720...... 11089 1779...... 10456, 11000 form of the Federal Register Table of Contents. The digital form 13721...... 14685 1780...... 10456, 11000 of the Federal Register Table of Contents includes HTML and 13722...... 14943 1781...... 11000 PDF links to the full text of each document. Administrative Orders: 1782...... 11000 To join or leave, go to http://listserv.access.gpo.gov and select Memorandums: 1784...... 11000 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of March 1794...... 11000 (or change settings); then follow the instructions. 1, 2016 ...... 11997 1924...... 11000 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of March 1940...... 11000 service that notifies subscribers of recently enacted laws. 11, 2016 ...... 14367 1942...... 10456, 11000 1944...... 11000 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of March 18, 2016 ...... 15417 1948...... 11000 and select Join or leave the list (or change settings); then follow 1951...... 11000 the instructions. Memorandum of March 18, 2016 ...... 15419 1955...... 11000 FEDREGTOC-L and PENS are mailing lists only. We cannot Memorandum of March 1962...... 11000 respond to specific inquiries. 18, 2016 ...... 15421 1970...... 11000 Reference questions. Send questions and comments about the Memorandum of March 1980...... 11000 Federal Register system to: [email protected] 18, 2016 ...... 15423 3550...... 11000 Memorandum of March 3555...... 11000, 17361 The Federal Register staff cannot interpret specific documents or 21, 2016 ...... 16053 3560...... 11000 regulations. Notices: 3565...... 11000 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Notice of March 2, 3570...... 10456, 11000 longer appears in the Federal Register. This information can be 2016 ...... 11655 3575...... 10456, 11000 found online at http://bookstore.gpo.gov/. Notice of March 2, 4274...... 11000 2016 ...... 11657 4279...... 10456, 11000 FEDERAL REGISTER PAGES AND DATE, MARCH Notice of March 3, 4280...... 10456, 11000 2016 ...... 11999 4284...... 11000 10433–10754...... 1 14689–14946...... 18 Notice of March 9, 4287...... 11000 10755–11090...... 2 14947–15152...... 21 2016 ...... 12793 4288...... 11000 11091–11406...... 3 4290...... 11000 15153–15416...... 22 5 CFR 11407–11658...... 4 15417–15612...... 23 Proposed Rules: Proposed Rules: Ch. I ...... 16099 11659–12000...... 7 15613–16052...... 24 870...... 12032 Ch. II ...... 16099 12001–12404...... 8 16053–17058...... 25 210...... 17564 12405–12572...... 9 Ch. LXXIII ...... 16099 17059–17360...... 28 215...... 17564 12573–12794...... 10 17361–17600...... 29 6 CFR 220...... 17564 12795–13262...... 11 5...... 14369, 14947 225...... 17564 13263–13712...... 14 226...... 17564 13713–13966...... 15 7 CFR 235...... 17564 13967–14368...... 16 25...... 11000 251...... 13290 14369–14688...... 17 65...... 10755 271...... 13290

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272...... 13290 417...... 17338 Proposed Rules: 558...... 11664 277...... 13290 424...... 17338 21...... 13452 700...... 14718 Ch. III ...... 16099 431...... 17338 23...... 13452, 14801 801...... 11428 Ch. IV...... 16099 35...... 13452 830...... 11428 Ch. V...... 16099 10 CFR 39 ...... 10533, 10535, 10537, 1308...... 11429 Ch. VI...... 16099 37...... 13263 10540, 10544, 10545, 10549, Proposed Rules: Ch. VII...... 16099 72...... 13265, 15153 11132, 11134, 11465, 11467, 15...... 12430 Ch. VIII...... 16099 429...... 15426 11469, 11471, 11473, 11475, 73...... 15173 800...... 10530 431...... 15426 11687, 11690, 12039, 12041, 74...... 15173 Ch. IX...... 16099 Proposed Rules: 12044, 12047, 12833, 12834, 573...... 14995 915...... 14019 9...... 15457 12836, 12838, 12841, 12843, 820...... 11477 925...... 12605 50...... 10780, 11681 13298, 13301, 13303, 13764, 864...... 10553 985...... 15450 52...... 11681 14402, 14404, 14804, 14990, 878 ...... 11140, 11151, 15173 989...... 11678 54...... 11681 15171, 16100, 17098, 17107, 880...... 15173 Ch. X...... 16099 72...... 13295 17109, 17412, 17415, 17417 888...... 12607 Ch. XI...... 16099 100...... 11681 43...... 13452 895...... 15173 1214...... 10530 170...... 15457 71 ...... 10551, 11136, 11139, 1308 ...... 11479, 15188, 15485 1250...... 14021 171...... 15457 11692, 11694, 11695, 12845, 1260...... 14022 429 ...... 11686, 14528, 14632, 12847, 17111, 17113, 17114, 22 CFR Ch. XIV ...... 16099 14642 17116, 17118, 17420 Proposed Rules: Ch. XV ...... 16099 430 ...... 11454, 13763, 14024, 91...... 13452 41...... 12050 Ch. XVI ...... 16099 14528, 14632 121...... 13452 Ch. XVII ...... 16099 431...... 14642, 15836 135...... 13452 23 CFR Ch. XVIII ...... 16099 900...... 11686 490...... 13882 Ch. XX ...... 16099 15 CFR 924...... 13722 12 CFR Ch. XXV...... 16099 19...... 12810 Ch. XXVI...... 16099 327...... 16059 701...... 10472 24 CFR Ch. XXVII...... 16099 701...... 13530 736...... 13972 5...... 12354 Ch. XXVIII...... 16099 723...... 13530 740...... 13972 880...... 12354 Ch. XXIX...... 16099 741...... 13530 744 ...... 12004, 14953, 15633 884...... 12354 Ch. XXX...... 16099 1026...... 11099, 16075 746...... 13972 886...... 12354 Ch. XXXI...... 16099 1807...... 14307 2017...... 14716 891...... 12354 Ch. XXXII...... 16099 Proposed Rules: Proposed Rules: 903...... 12354 Ch. XXXIII...... 16099 4...... 13608 30...... 12423 960...... 12354 Ch. XXXIV ...... 16099 5...... 13608 922...... 13303 966...... 12354 Ch. XXXV ...... 16099 7...... 13608 982...... 12354 Ch. XXXVI ...... 16099 9...... 13608 16 CFR 983...... 12354 Ch. XXXVII ...... 16099 10...... 13608 1112...... 17062 990...... 12354 Ch. XXXVIII ...... 16099 11...... 13608 1233...... 17062 Proposed Rules: Ch. XLII...... 16099 12...... 13608 1610...... 12587 266...... 12051 16...... 13608 960...... 12613 8 CFR 12101...... 15427 18...... 13608 Proposed Rules: 214...... 13040 25 CFR 31...... 13608 23...... 11697 234...... 14948 150...... 13608 20...... 10475 274a...... 13040 151...... 13608 17 CFR 151...... 10477 Proposed Rules: 169...... 14976 155...... 13608 1...... 12820 212...... 12032 162...... 13608 3...... 12821 26 CFR 163...... 13608 10...... 17065 9 CFR 1 ...... 11104, 11431, 15156, 193...... 13608 32...... 14966 Proposed Rules: 17066, 17083 194...... 13608 200...... 12821 1...... 12832 301...... 10479 197...... 13608 240...... 12821 3...... 12832 252...... 14328 300...... 14372 Proposed Rules: 50...... 12832 380...... 10798 1 ...... 11160, 11486, 13305 Proposed Rules: 51...... 12832 301...... 11486 56...... 15652 14 CFR 241...... 15660 71...... 12832 Ch. I ...... 13719 302...... 10798 27 CFR 76...... 12832 11...... 13968 18 CFR 9...... 11110, 11103 77...... 12832 25...... 10761, 13969 78...... 12832 39 ...... 10457, 10460, 10465, 11...... 10475, 12006 28 CFR 86...... 12832 10468, 11407, 11409, 12405, 40...... 15635 2...... 13974 93...... 12832 12409, 12413, 12583, 12585, 157...... 15156 Ch. I ...... 16099 12795, 12796, 12799, 12802, 284...... 15431 29 CFR 145...... 15652 12804, 12806, 13271, 13713, Proposed Rules: 405...... 15924 146...... 15652 13714, 13717, 14307, 14689, 35...... 15481 406...... 15924 147...... 15652 14693, 14698, 14700, 14702, 1910 ...... 10490, 16085, 16086 161...... 12832 14704, 14707, 14711, 15154, 19 CFR 1915...... 16085, 16086 Ch. II ...... 16099 17365, 17367, 17369, 17372 12...... 13721 1917...... 16085 Ch. III ...... 16099 71 ...... 11102, 11103, 11413, 113...... 15159 1918...... 16085 301...... 17338 11414, 12001, 12002, 12810, 122...... 14948 1926...... 16085, 16086 303...... 17338 17061, 17374, 17375, 17376, 351...... 15641 1985...... 14374 318...... 17338 17377 1988...... 13976 319...... 17338 73...... 17379 21 CFR 4010...... 15432 320...... 17338 95...... 11659 14...... 11663, 14975 4022...... 13742 325...... 17338 97 ...... 15623, 15627, 15630, 189...... 14718 4044...... 13742 331...... 17338 15631 312...... 17065 Proposed Rules: 381...... 17338 252...... 11415 320...... 17065 13...... 13306

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30 CFR 51...... 13275 401...... 11908 1844...... 13747 Proposed Rules: 52 ...... 11120, 11438, 11445, 403...... 11908 1847...... 13747 583...... 15190 11668, 11671, 11673, 12591, 404...... 11908 1849...... 13747 12595, 13275, 14392, 14736, 501...... 10508 1850...... 13747 31 CFR 16094, 17390 502...... 10508 1851...... 13747 515...... 13989 58...... 17248 Proposed Rules: 1852 ...... 10519, 12420, 13747, 540...... 17384 75...... 10508 502...... 15002 14739 605...... 11432 82...... 14393 503...... 15002 2404...... 13747 1010...... 14389 97...... 13275 515...... 15002 2406...... 13747 180 ...... 10771, 10776, 11121, 520...... 15002 2408...... 13747 Proposed Rules: 530...... 15002 2409...... 13747 1010 ...... 11496, 12613, 14408 12011, 12015, 17084 271...... 15440 535...... 15002 2411...... 13747 32 CFR 711...... 17392 540...... 15002 2415...... 13747 550...... 15002 2427...... 13747 104...... 10491 Proposed Rules: 555...... 15002 2428...... 13747 199...... 11665 52 ...... 10559, 11497, 11711, 11716, 11717, 11726, 11727, 560...... 15002 2432...... 13747 635...... 17385 2437...... 13747 706...... 11116 12440, 12626, 12627, 12636, 47 CFR 12637, 12849, 14025, 15200, 2444...... 13747 Proposed Rules: 15205, 16102 51...... 15647 2452...... 13747 69...... 13765 64...... 14984 Proposed Rules: 89...... 11698 68...... 13638 81...... 10563 73...... 15649, 17088 Ch. 2 ...... 17051 33 CFR 85...... 10822 76...... 13997 216...... 17050 90...... 10519 225...... 17053 110...... 12822 86...... 10822 180...... 14030, 17422 Proposed Rules: 231...... 17055 117 ...... 11118, 11434, 11668, 11...... 15792 236...... 17050 12007, 12824, 13274, 14732, 271...... 14808, 15497 300...... 14813 15...... 11166, 15210 Ch. 4 ...... 16099 14733, 14976, 17386, 17387 63...... 11500 609...... 17121 165 ...... 10498, 10499, 10501, 1036...... 10822 1037...... 10822 64...... 12062 649...... 17121 10762, 11435, 11437, 12588, 73...... 15216 1815...... 13308 14734, 17083, 17387 1065...... 10822 1066...... 10822 74...... 11166 1817...... 17124 334...... 16093 76...... 14033 1852...... 13308, 17124 401...... 13744 1068...... 10822 402...... 14390 42 CFR 48 CFR 49 CFR Proposed Rules: Ch. 1...... 11988, 11993 390...... 13998 100...... 10557, 15489 136...... 14977 435...... 11447, 12599 1...... 11988 578...... 10520 165 ...... 10820, 11161, 11706, 4...... 11988, 11992 674...... 14230 14806, 14995, 14998, 15000, 495...... 11447 510...... 11449 9...... 11988 1111...... 13287 17120 22...... 11988, 11992 1540...... 11364 Proposed Rules: 167...... 13307 25...... 11992 100...... 17423 Proposed Rules: 334...... 16102 36...... 11992 136...... 12851 218...... 13918 52 ...... 11988, 11992, 13998 34 CFR 405...... 10720, 12024 222...... 11734 211...... 17042, 17048 410...... 12024 240...... 12642 Proposed Rules: 212...... 17042, 17045 411...... 12024 242...... 12642 270...... 15665 217...... 17044 414...... 12024 350...... 12062 271...... 15665 219...... 17045 424...... 10720 365...... 12062 272...... 15665 225...... 17047, 17048 425...... 12024 380...... 11944 Ch. III ...... 15491 234...... 17044 455...... 10720 383...... 11944, 14052 300...... 10968 246...... 17042 457...... 10720 384...... 11944, 14052 Ch. VI...... 12622 252...... 17042, 17045 495...... 12024 385...... 12062 1802...... 13747 36 CFR 511...... 13230 386...... 12062 1804...... 13747 387...... 12062 242...... 12590 43 CFR 1805...... 13747 391...... 12642 1275...... 12007 1806...... 13747 393...... 15217 2...... 11124 Proposed Rules: 1807...... 13747 395 ...... 12062, 12443, 15217 Ch. II ...... 16099 44 CFR 1808...... 13747 523...... 10822 1223...... 12432 1809...... 12420 534...... 10822 1224...... 12432 64 ...... 14395, 14398, 17395 1811...... 13747 535...... 10822 1227...... 12432 1812...... 10519 45 CFR 571...... 12647 1229...... 12432 1813...... 13747 580...... 16107 1232...... 12432 144...... 12204 1814...... 13747 595...... 12852 1233...... 12432 147...... 12204 1815...... 13747 1039...... 17125 1239...... 12432 153...... 12204 1819...... 10519 154...... 12204 1822...... 13747 50 CFR 38 CFR 155...... 12204 1824...... 13747 17...... 13124, 14264 17...... 10764, 13994 156...... 12204 1825...... 13747 20...... 17302 38...... 10765 158...... 12204 1828...... 13747 100...... 12590 70...... 10504 1201...... 12599 1830...... 13747 216...... 15444 Proposed Rules: Ch. XVI ...... 15646 1831...... 13747 223...... 17091, 17398 14...... 12625 2505...... 12599 1832...... 13747 224...... 17091 2507...... 12599 1833...... 13747 300...... 14000 39 CFR 2508...... 12599 1834...... 13747 622 ...... 11451, 12601, 12826, Proposed Rules: Proposed Rules: 1835...... 13747 12828, 16095, 17093, 17094 551...... 11164 170...... 11056 1836...... 13747 635...... 12602 1839...... 13747 648 ...... 12030, 12420, 14986 40 CFR 46 CFR 1841...... 13747 660...... 17094 49...... 12825 105...... 13279 1843...... 13747 679 ...... 11452, 12829, 13288,

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13289, 14017, 14740, 14773, Proposed Rules: 223...... 14820 648 ...... 11168, 14072, 14409, 14988, 14989, 15650, 16096, 17...... 13174, 14058 224...... 14820 14817, 15003 16097, 17096, 17403 91...... 13769 622...... 11166, 11502 660...... 12676

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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 March 23, 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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