Federal Register Vol. 80, No.156,

Federal Register Volume 80, Issue 156 (August 13, 2015)

Page Range48423-48682
FR Document

80_FR_156
Current View
Page and SubjectPDF
80 FR 48423 - National Health Center Week, 2015PDF
80 FR 48622 - Enhanced-Use Lease of Department of Veterans Affairs (VA) Real Property for the Development of a Housing Facility on Approximately 3 Acres of Land in St. Cloud, Minnesota.PDF
80 FR 48529 - Proposed Agency Information Collection Request: Comment Request; Servicing of Motor Vehicle Air Conditioners, EPA ICR Number 1617.08, OMB Control Number 2060-0247PDF
80 FR 48522 - Waste Management System; Testing and Monitoring Activities; Notice of Availability of Final Update V of SW-846PDF
80 FR 48443 - Final Priority. Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance CenterPDF
80 FR 48550 - Information Collection Request to Office of Management and BudgetPDF
80 FR 48511 - Applications for New Awards; Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance CenterPDF
80 FR 48555 - Information Collection Request to Office of Management and BudgetPDF
80 FR 48552 - Information Collection Request to Office of Management and BudgetPDF
80 FR 48553 - Information Collection Request to Office of Management and BudgetPDF
80 FR 48554 - Information Collection Request to Office of Management and BudgetPDF
80 FR 48440 - Drawbridge Operation Regulation; Mokelumne River, East Isleton, CAPDF
80 FR 48440 - Drawbridge Operation Regulation; Sacramento River, Sacramento, CAPDF
80 FR 48499 - Countervailing Duty Investigations of Certain Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan: Postponement of Preliminary DeterminationsPDF
80 FR 48441 - Drawbridge Operation Regulation; China Basin, San Francisco, CAPDF
80 FR 48441 - Safety Zone; Carly's Crossing; Outer Harbor, Gallagher Beach, Buffalo, NYPDF
80 FR 48436 - Special Local Regulations; Marine Events Held in the Sector Long Island Sound Captain of the Port ZonePDF
80 FR 48493 - Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances ReviewPDF
80 FR 48559 - Notice of Intent To Prepare an Environmental Impact Statement for the Tejon Indian Tribe's Proposed Trust Acquisition and Casino Project, Kern County, CaliforniaPDF
80 FR 48559 - Indian GamingPDF
80 FR 48621 - Regional Rail Holdings, LLC-Acquisition of Control Exemption-Regional Rail, LLCPDF
80 FR 48558 - Indian GamingPDF
80 FR 48618 - Texas Disaster Number TX-00448PDF
80 FR 48617 - Northern Mariana Islands Disaster #MP-00005PDF
80 FR 48617 - Northern Mariana Islands Disaster #MP-00006PDF
80 FR 48500 - Taking of Marine Mammals Incidental to Specified Activities; Front Street Transload Facility ConstructionPDF
80 FR 48618 - Interagency Task Force on Veterans Small Business DevelopmentPDF
80 FR 48617 - Advisory Committee on Veterans Business Affairs MeetingPDF
80 FR 48619 - Notice of Intent To Release Certain Properties From All Terms, Conditions, Reservations and Restrictions of a Quitclaim Deed Agreement Between the City of Orlando and the Federal Aviation Administration for the Orlando International Airport, Orlando, FLPDF
80 FR 48619 - Noise Exposure Map Notice, Fort Lauderdale Executive Airport, Fort Lauderdale, FLPDF
80 FR 48450 - Additional Compensation on Account of Children Adopted Out of Veteran's FamilyPDF
80 FR 48548 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
80 FR 48544 - National Institute on Aging; Notice of Closed MeetingPDF
80 FR 48548 - National Institute on Aging; Notice of Closed MeetingPDF
80 FR 48547 - National Institute on Aging; Notice of MeetingPDF
80 FR 48547 - National Cancer Institute; Amended Notice of MeetingPDF
80 FR 48547 - National Cancer Institute; Notice of Closed MeetingsPDF
80 FR 48548 - Center for Scientific Review; Notice of Closed MeetingsPDF
80 FR 48546 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of MeetingPDF
80 FR 48567 - Agency Information Collection Activities: Proposed Collection, Comments Requested; Revision of a Currently Approved Collection; National Incident-Based Reporting System (NIBRS)PDF
80 FR 48564 - Agency Information Collection Activities: Proposed eCollection, eComments Requested; Extension of a Currently Approved Collection Cargo Theft Incident ReportPDF
80 FR 48550 - Center for Substance Abuse Treatment: Notice of MeetingPDF
80 FR 48532 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Nitric Acid Plants for Which Construction, Reconstruction or Modification Commenced After October 14, 2011 (Renewal)PDF
80 FR 48529 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; EPA's Natural Gas STAR Program (Renewal)PDF
80 FR 48533 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 48472 - Extension of Time to File Certain Information ReturnsPDF
80 FR 48433 - Extension of Time To File Certain Information ReturnsPDF
80 FR 48570 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Notification of Methane Detected in Underground Metal and Nonmetal Mine AtmospheresPDF
80 FR 48571 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Reports of Injuries to Employees Operating Mechanical Power PressesPDF
80 FR 48620 - Pipeline Safety: PHMSA Pipeline Risk Modeling Methodologies Public WorkshopPDF
80 FR 48476 - Fruit and Vegetable Industry Advisory CommitteePDF
80 FR 48467 - Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of AlaskaPDF
80 FR 48489 - Monsanto Company; Availability of Petition for Determination of Nonregulated Status for Maize Genetically Engineered for Resistance to Dicamba and GlufosinatePDF
80 FR 48562 - Agency Information Collection Activities Under OMB Review; Renewal of a Currently Approved Information CollectionPDF
80 FR 48537 - Submission for OMB Review; Comment RequestPDF
80 FR 48536 - Submission for OMB Review; Comment RequestPDF
80 FR 48563 - Agency Information Collection Activities Under OMB Review; Renewal of a Currently Approved Information CollectionPDF
80 FR 48530 - Agency Information Collection Activities; PCBs, Consolidated Reporting and Record Keeping Requirements; Submitted to OMB for Review and Approval; Comment RequestPDF
80 FR 48528 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of WashingtonPDF
80 FR 48531 - Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of AlaskaPDF
80 FR 48560 - Agency Information Collection Activities Under OMB Review; Renewal of a Currently Approved Information Collection (OMB Control Number 1006-0005)PDF
80 FR 48544 - Government-Owned Inventions; Availability for LicensingPDF
80 FR 48491 - Submission for OMB Review; Comment RequestPDF
80 FR 48622 - Application of Harris Aircraft Services, Inc. for Certificate AuthorityPDF
80 FR 48565 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Proposed Collection: Extension of Currently Approved Collection; Survey: National Corrections Reporting ProgramPDF
80 FR 48568 - Agency Information Collection Activities; Proposed eCollection eComments Requested; 2016/2018 Identity Theft Supplement (ITS)PDF
80 FR 48567 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection; Comments Requested Research To Support the National Crime Victimization Survey (NCVS)PDF
80 FR 48565 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Environmental InformationPDF
80 FR 48560 - Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; A Survey of National Parks and Federal Recreational Lands Pass HoldersPDF
80 FR 48490 - Submission for OMB Review; Comment RequestPDF
80 FR 48509 - Reserve Forces Policy Board (RFPB); Notice of Federal Advisory Committee MeetingPDF
80 FR 48492 - Submission for OMB Review; Comment RequestPDF
80 FR 48515 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Assessing the Role of Noncognitive and School Environmental Factors in Students' Transitions to High School in New Mexico; Docket ID Number; CorrectionPDF
80 FR 48510 - Agency Information Collection Activities; Comment Request; Gap Analysis Tool Implementation and Outcomes Evaluation (Future Ready Leaders Study)PDF
80 FR 48515 - Boston Energy Trading and Marketing LLC v. Midcontinent Independent System Operator, Inc.; Notice of ComplaintPDF
80 FR 48517 - Indicated Market Participants v. PJM Interconnection, L.L.C.; Notice of ComplaintPDF
80 FR 48519 - Notice of Effectiveness of Exempt Wholesale Generator StatusPDF
80 FR 48517 - Columbia Gas Transmission, LLC; Notice of Request Under Blanket AuthorizationPDF
80 FR 48519 - Transcontinental Gas Pipe Line Company, LLC; Notice of ApplicationPDF
80 FR 48516 - Combined Notice of Filings #2PDF
80 FR 48521 - Combined Notice of Filings #1PDF
80 FR 48518 - Aquenergy Systems, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing ProcessPDF
80 FR 48520 - Willey Battery Utility, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 48521 - Energy.Me Midwest LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
80 FR 48520 - DBM Pipeline, LLC; Notice of Request Under Blanket AuthorizationPDF
80 FR 48516 - Combined Notice of Filings #1PDF
80 FR 48471 - Adisseo France S.A.S.; Filing of Food Additive Petition (Animal Use)PDF
80 FR 48558 - Renewal of Agency Information Collection for Data Elements for Student Enrollment in Bureau-Funded SchoolsPDF
80 FR 48533 - Draft Funded Priorities ListPDF
80 FR 48492 - Proposed Information Collection; Comment Request; Services Surveys: BE-185, Quarterly Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign PersonsPDF
80 FR 48611 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to a Proposal to Update the Public Disclosure of Sources of Data BX UtilizesPDF
80 FR 48600 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1, 2, and 3 Thereto, To Establish Rules Governing the Trading of Options on the EDGX Options MarketPDF
80 FR 48588 - Self-Regulatory Organizations; NYSE MKT, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying the Manner in Which It Calculates Certain Volume and Quoting Thresholds Applicable to Billing on the Exchange in Relation to a Suspension of Trading on the Exchange on July 8, 2015PDF
80 FR 48583 - Self-Regulatory Organizations; New York Stock Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Modifying the Manner in Which It Calculates Certain Volume, Liquidity and Quoting Thresholds Applicable to Billing on the Exchange in Relation to a Suspension of Trading on the Exchange on July 8, 2015PDF
80 FR 48612 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XV, Section 2 Entitled “NASDAQ Options Market-Fees and Rebates”PDF
80 FR 48572 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of a Proposed Rule Change Consisting of Revisions to the Content Outlines for the Municipal Fund Securities Limited Principal Qualification Examination, Municipal Securities Representative Qualification Examination and Municipal Securities Principal Qualification Examination and Revisions to the Selection Specifications for the Municipal Securities Principal Qualification ExaminationPDF
80 FR 48590 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to a Delay of Implementation Relate to the Volume-Based and Multi-Trigger ThresholdPDF
80 FR 48594 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 961 To Establish Exchange Rules Governing the Give Up of a Clearing Member by ATP Holders and Conforming Changes to Rules 960 and 954NYPDF
80 FR 48577 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.15 To Establish Exchange Rules Governing the Give Up of a Clearing Member by Options Trading Permit Holders and OTP Firms and Conforming Changes to Rules 6.66 and 6.79PDF
80 FR 48592 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update the Public Disclosure of Sources of Data Utilized by PSXPDF
80 FR 48615 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Tier Size Pilot of FINRA Rule 6433 (Minimum Quotation Size Requirements for OTC Equity Securities)PDF
80 FR 48586 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Update Public Disclosure of Exchange Usage of Market DataPDF
80 FR 48569 - Webinar Meeting of the Federal Advisory Committee on Juvenile JusticePDF
80 FR 48497 - Renewable Energy and Energy Efficiency Advisory CommitteePDF
80 FR 48572 - Product Change-Priority Mail Express and Priority Mail Negotiated Service AgreementPDF
80 FR 48533 - Notice to All Interested Parties of the Termination of the Receivership of 10040, Pinnacle Bank Beaverton, ORPDF
80 FR 48533 - Notice of Termination; 10014, Ameribank, Inc., Northfork, West VirginiaPDF
80 FR 48534 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 48498 - Cyber Security Business Development Mission to Japan, South Korea, and Taiwan; May 16-24, 2016PDF
80 FR 48557 - Notice of Second Extension of Time for Completion of Manufacturer Notification and Correction PlanPDF
80 FR 48473 - Occupational Safety and Health Research and Related Activities; Administrative Functions, Practices, and ProceduresPDF
80 FR 48538 - Privacy Act of 1974; System of Records NoticePDF
80 FR 48476 - Privacy Act of 1974; Systems of Records USDA/OIG-1 through USDA/OIG-9PDF
80 FR 48549 - Proposed Collection; 60-Day Comment Request: Scientific Information Reporting System (SIRS) NIGMSPDF
80 FR 48620 - Agency Information Collection Activities: Requests for Comments; Clearance of Renewed Approval of Information Collection: Commercial Air Tour Operator ReportsPDF
80 FR 48490 - Siuslaw Resource Advisory Committee MeetingPDF
80 FR 48624 - Energy Conservation Program: Energy Conservation Standards for Ceiling Fan Light KitsPDF
80 FR 48451 - Hearing Process Concerning Acknowledgment of American Indian TribesPDF
80 FR 48425 - Amendment of Class E Airspace; Toledo, WAPDF
80 FR 48430 - Amendment of Class E Airspace; Kelso, WAPDF
80 FR 48429 - Amendment of Class E Airspace; Chehalis, WAPDF
80 FR 48426 - Amendment of Class E Airspace; Santa Rosa, CAPDF
80 FR 48427 - Amendment of VOR Federal Airways; Northeastern United StatesPDF
80 FR 48470 - Proposed Establishment of Class E Airspace; Marshall, ARPDF
80 FR 48469 - Proposed Establishment of Class E Airspace; Vidalia, LAPDF
80 FR 48428 - Establishment of Class E Airspace, and Amendment of Class D Airspace; Ogden, Hill AFB, UTPDF
80 FR 48431 - Establishment of Class E Airspace, and Amendment of Class D and E Airspace; Ogden-Hinckley Airport, UTPDF

Issue

80 156 Thursday, August 13, 2015 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 48476 2015-19927 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

See

Forest Service

NOTICES Privacy Act; Systems of Records, 48476-48489 2015-19854
Animal Animal and Plant Health Inspection Service NOTICES Petitions for Determination of Nonregulated Status: Monsanto Company; Maize Genetically Engineered for Resistance to Dicamba and Glufosinate, 48489-48490 2015-19925 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48534-48536 2015-19860 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48536-48538 2015-19921 2015-19922 Coast Guard Coast Guard RULES Drawbridge Operations: China Basin, San Francisco, CA, 48441 2015-19989 Mokelumne River, East Isleton, CA, 48440-48441 2015-19996 Sacramento River, Sacramento, CA, 48440 2015-19995 Safety Zones: Carly's Crossing; Outer Harbor, Gallagher Beach, Buffalo, NY, 48441-48443 2015-19987 Special Local Regulations: Marine Events held in the Sector Long Island Sound Captain of the Port Zone, 48436-48440 2015-19986 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48550-48557 2015-19997 2015-19999 2015-20000 2015-20002 2015-20004 Commerce Commerce Department See

Economic Analysis Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48490-48492 2015-19899 2015-19903 2015-19911
Defense Department Defense Department NOTICES Meetings: Reserve Forces Policy Board, 48509-48510 2015-19900 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Services Surveys--BE-185, Quarterly Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, 48492-48493 2015-19880 Education Department Education Department RULES Final Priorities: Rehabilitation Training; Vocational Rehabilitation Workforce Innovation Technical Assistance Center, 48443-48449 2015-20011 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessing the Role of Noncognitive and School Environmental Factors in Students' Transitions to High School in New Mexico; Docket ID Number; Correction, 48515 2015-19898 Gap Analysis Tool Implementation and Outcomes Evaluation (Future Ready Leaders Study), 48510 2015-19897 Applications for New Awards: Rehabilitation Training -- Vocational Rehabilitation Workforce Innovation Technical Assistance Center, 48511-48515 2015-20003 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Ceiling Fan Light Kits, 48624-48682 2015-19650
Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Natural Gas STAR Program, 48529 2015-19935 NSPS for Nitric Acid Plants for which Construction, Reconstruction or Modification Commenced after October 14, 2011, 48532-48533 2015-19936 PCBs, Consolidated Reporting and Record Keeping Requirements, 48530-48531 2015-19918 Servicing of Motor Vehicle Air Conditioners, 48529-48530 2015-20032 Cross-Media Electronic Reporting: Alaska; Authorized Program Revision Approval, 48531-48532 2015-19916 Washington; Authorized Program Revision Approval, 48528-48529 2015-19917 Waste Management System: Testing and Monitoring Activities; Final Update V of SW-846, 48522-48528 2015-20030 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Chehalis, WA, 48429-48430 2015-19475 Kelso, WA, 48430-48431 2015-19476 Santa Rosa, CA, 48426-48427 2015-19243 Toledo, WA, 48425-48426 2015-19477 Amendment of VOR Federal Airways: Northeastern United States, 48427-48428 2015-19239 Class D Airspace: Ogden, Hill AFB, UT, 48428-48429 2015-19140 Class D and E Airspace: Ogden-Hinckley Airport, UT, 48431-48433 2015-19138 PROPOSED RULES Class E Airspace: Marshall, AR, 48470-48471 2015-19151 Vidalia, LA, 48469-48470 2015-19146 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Air Tour Operator Reports, 48620 2015-19813 Noise Exposure Maps: Fort Lauderdale Executive Airport, Fort Lauderdale, FL, 48619-48620 2015-19954 Release of Airport Property: Orlando International Airport, Orlando, FL, 48619 2015-19955 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receivership: 10014, Ameribank, Inc. Northfork, WV, 48533 2015-19862 Pinnacle Bank, Beaverton, OR, 48533 2015-19863 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Aquenergy Systems, LLC, 48518-48519 2015-19889 Transcontinental Gas Pipe Line Co., LLC, 48519 2015-19892 Combined Filings, 48516-48517, 48521 2015-19885 2015-19890 2015-19891 Complaints: Boston Energy Trading and Marketing, LLC v. Midcontinent Independent System Operator, Inc., 48515-48516 2015-19896 Indicated Market Participants v. PJM Interconnection, LLC, 48517 2015-19895 Exempt Wholesale Generator or Foreign Utility Company Status: Seville Solar One LLC, et al., 48519-48520 2015-19894 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Energy Me Midwest, LLC, 48521-48522 2015-19887 Willey Battery Utility, LLC, 48520-48521 2015-19888 Requests under Blanket Authorization: Columbia Gas Transmission, LLC, 48517-48518 2015-19893 DBM Pipeline, LLC, 48520 2015-19886 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 48533 2015-19934 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petitions; Animal Use: Adisseo France S.A.S., 48471-48472 2015-19884 Forest Forest Service NOTICES Meetings: Siuslaw Resource Advisory Committee, 48490 2015-19663 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Draft Funded Priorities List, 48533-48534 2015-19881 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

PROPOSED RULES Occupational Safety and Health Research and Related Activities: Administrative Functions, Practices, and Procedures, 48473-48475 2015-19856 NOTICES Privacy Act; Systems of Records, 48538-48544 2015-19855
Homeland Homeland Security Department See

Coast Guard

Housing Housing and Urban Development Department NOTICES Extension of Time for Completion of Manufacturer Notification and Correction Plan, 48557-48558 2015-19858 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Elements for Student Enrollment in Bureau-funded Schools, 48558 2015-19883 Environmental Impact Statements; Availability, etc.: Tejon Indian Tribe Proposed Trust Acquisition and Casino Project, Kern County, CA, 48559 2015-19973 Indian Gaming, 48558-48560 2015-19970 2015-19972 Interior Interior Department See

Indian Affairs Bureau

See

National Park Service

See

Reclamation Bureau

RULES Hearing Process Concerning Acknowledgment of American Indian Tribes, 48451-48467 2015-19612
Internal Revenue Internal Revenue Service RULES Extension of Time to File Certain Information Returns, 48433-48436 2015-19932 PROPOSED RULES Extension of Time to File Certain Information Returns, 48472-48473 2015-19933 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan; Postponement, 48499-48500 2015-19994 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 48493-48497 2015-19985 Cyber Security Business Development Mission to Japan, South Korea, and Taiwan, 48498-48499 2015-19859 Meetings: Renewable Energy and Energy Efficiency Advisory Committe, 48497-48498 2015-19865 Justice Department Justice Department See

Justice Programs Office

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2016/2018 Identity Theft Supplement, 48568-48569 2015-19908 Cargo Theft Incident Report, 48564-48565 2015-19938 Environmental Information, 48565 2015-19906 National Incident-Based Reporting System, 48567-48568 2015-19939 Research to Support the National Crime Victimization Survey, 48567 2015-19907 Survey--National Corrections Reporting Program, 48565-48567 2015-19909
Justice Programs Justice Programs Office NOTICES Meetings: Federal Advisory Committee on Juvenile Justice, 48569-48570 2015-19866 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notification of Methane Detected in Underground Metal and Nonmetal Mine Atmospheres, 48570-48571 2015-19931 Reports of Injuries to Employees Operating Mechanical Power Presses, 48571-48572 2015-19930 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Scientific Information Reporting System NIGMS, 48549-48550 2015-19849 Government-Owned Inventions; Availability for Licensing, 48544-48546 2015-19912 Meetings: Center for Scientific Review, 48548-48549 2015-19941 National Cancer Institute, 48547-48548 2015-19942 2015-19943 National Institute of Allergy and Infectious Diseases, 48548 2015-19947 National Institute of Diabetes and Digestive and Kidney Diseases, 48546 2015-19940 National Institute on Aging, 48544, 48547-48548 2015-19944 2015-19945 2015-19946 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Economic Exclusive Zone Off Alaska: Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska, 48467-48468 2015-19926 NOTICES Taking of Marine Mammals Incidental to Specified Activities: Front Street Transload Facility Construction, 48500-48509 2015-19958 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Survey of National Parks and Federal Recreational Lands Pass Holders, 48560 2015-19905 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: PHMSA Pipeline Risk Modeling Methodologies Public Workshop, 48620-48621 2015-19929 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express and Priority Mail Negotiated Service Agreement, 48572 2015-19864 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Health Center Week (Proc. 9306), 48423-48424 2015-20074 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48560-48564 2015-19913 2015-19920 2015-19923 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: EDGX Exchange, Inc., 48600-48610 2015-19878 Financial Industry Regulatory Authority, Inc., 48615-48617 2015-19869 Municipal Securities Rulemaking Board, 48572-48577 2015-19874 NASDAQ OMX BX, Inc., 48590-48592, 48611-48612 2015-19873 2015-19879 NASDAQ OMX PHLX, LLC, 48592-48594 2015-19870 New York Stock Exchange, LLC, 48583-48586 2015-19876 NYSE Arca, Inc., 48577-48583 2015-19871 NYSE MKT LLC, 48594-48600 2015-19872 NYSE MKT, LLC, 48588-48590 2015-19877 The NASDAQ Stock Market LLC, 48586-48588 2015-19868 Small Business Small Business Administration NOTICES Disaster Declarations: Northern Mariana Islands, 48617-48618 2015-19959 2015-19960 Texas; Amendment 5, 48618 2015-19961 Meetings: Advisory Committee on Veterans Business Affairs, 48617 2015-19956 Interagency Task Force on Veterans Small Business Development, 48618 2015-19957 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Treatment, 48550 2015-19937 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemptions: Regional Rail Holdings, LLC; Regional Rail, LLC; Correction, 48621-48622 2015-19971 Transportation Department Transportation Department See

Federal Aviation Administration

See

Pipeline and Hazardous Materials Safety Administration

See

Surface Transportation Board

NOTICES Certificates of Public Convenience and Necessity: Harris Aircraft Services, Inc., 48622 2015-19910
Treasury Treasury Department See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department RULES Additional Compensation on Account of Children Adopted Out of Veteran's Family, 48450-48451 2015-19949 NOTICES Enhanced-Use Leases: St. Cloud, MN, 48622 2015-20035 Separate Parts In This Issue Part II Energy Department, 48624-48682 2015-19650 Reader Aids

Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.thefederalregister.org and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

80 156 Thursday, August 13, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1135; Airspace Docket No. 15-ANM-9] Amendment of Class E Airspace; Toledo, WA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Ed Carlson Memorial Field-South Lewis County Airport, Toledo, WA, to accommodate new Standard Instrument Approach Procedures (SIAPs) at the airport due to a decrease in the radius of controlled airspace. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT:

Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Ed Carlson Memorial Field-South Lewis County Airport, Toledo, WA.

History

On May 27, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Ed Carlson Memorial Field-South Lewis County Airport, Toledo, WA (80 FR 30185). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface at Ed Carlson Memorial Field-South Lewis County Airport, Toledo, WA. A review of the airspace revealed new Standard Instrument Approach Procedures necessary for the safety and management of IFR operations at the airport. Class E airspace extending upward from 700 feet above the surface is decreased from the 6.0-mile radius to within a 4-mile radius of Ed Carlson Memorial-South Lewis County Airport, with segments extending from the 4-mile radius to 8 miles northeast of the airport, and 7 miles southwest of the airport. This action enhances the safety and management of controlled airspace within the NAS.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ANM WA E5 Toledo, WA [Modified] Ed Carlson Memorial Field-South Lewis County Airport, WA (Lat. 46°28′38″ N., long. 122°48′23″ W.)

That airspace extending upward from 700 feet above the surface within a 4-mile radius of the Ed Carlson Memorial Field-South Lewis County Airport, and within 1.2 miles each side of the 073° bearing from the airport extending from the 4-mile radius to 8 miles northeast of the airport, and within 1.8 miles each side of the 256° bearing from the airport extending from the 4-mile radius to 7 miles southwest of the airport.

Issued in Seattle, Washington, on July 31, 2015. Christopher Ramirez, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19477 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1481; Airspace Docket No. 15-AWP-1] Amendment of Class E Airspace; Santa Rosa, CA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Charles M. Schulz-Sonoma County Airport, Santa Rosa, CA. The FAA found modification of the airspace area above 1,200 feet is no longer needed for standard instrument approach procedures at the airport. This action is necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; Telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT:

Rob Riedl, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; Telephone: (425) 203-4534.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Santa Rosa, CA.

History

On May 27, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at the Charles M. Schulz-Sonoma County Airport, Santa Rosa, CA (80 FR 30182). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface at Charles M. Schulz-Sonoma County Airport, Santa Rosa, CA. After a review of the airspace, the FAA found removal of the Class E airspace area above 1,200 feet necessary as this airspace is no longer required for standard instrument approach procedures at the airport. This action enhances the safety and management of controlled airspace within the NAS.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial, and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation.

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g): 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth AWP CA E5 Santa Rosa, CA [Amended] Charles M. Schulz-Sonoma County Airport, CA (Lat. 38°30′35″ N., long. 122°48′46″ W.)

That airspace extending upward from 700 feet above the surface bounded by a line beginning at lat. 38°53′25″ N., long. 122°52′34″ W.; to lat. 38°37′07″ N., long. 122° 46′02″ W.; to lat. 38°22′08″ N., long. 122°38′28″ W.; to lat. 38°06′41″ N., long. 122°29′59″ W.; to lat. 38°02′10″ N., long. 122°44′09″ W.; to lat. 38°17′57″ N., long. 122°54′37″ W.; to lat. 38°22′58″ N., long. 123°02′34″ W.; lat. 38°29′12″ N., long. 122°56′32″ W.; lat. 38°33′48″ N., long. 123°00′47″ W.; lat. 38°50′14″ N., long. 123°07′20″ W.; thence to the point of origin.

Issued in Seattle, Washington, on July 29, 2015. Christopher Ramirez, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19243 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1650; Airspace Docket No. 14-AEA-8] RIN 2120-AA66 Amendment of VOR Federal Airways; Northeastern United States AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; delay of effective date, and correction.

SUMMARY:

This action changes the effective date of a final rule published in the Federal Register on June 9, 2015, amending VOR Federal airways V-31, V-36, V-98, V-164 and V-252 in the northeastern United States. The FAA is taking this action to link the effective date of the airway amendments with the completion of the development of associated en route procedures. In addition, this action corrects the description of Federal airway V-36 by restoring certain segments of that route that were removed in the final rule.

DATES:

The effective date of the final rule published on June 9, 2015, is delayed from August 20, 2015, to October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

FOR FURTHER INFORMATION CONTACT:

Paul Gallant, Airspace Policy and Regulations Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Background

Docket No. FAA-2015-1650, Airspace Docket No. 14-AEA-8, published in the Federal Register on June 9 2015 (80 FR 32464), amends VOR Federal airways V-31, V-36, V-98, V-164 and V-252 by removing certain segments in Canadian airspace. The development of associated en route procedures are planned for October 15, 2015, therefore the rule amending these airways is delayed until that date.

Additionally, subsequent to publication of the final rule, it was determined that an error was made in the description of Federal airway V-36, whereby the airway segments between Thunder Bay, Ontario, Canada, and the intersection of radials from the Wiarton, Ontario, Canada, and the Toronto, Ontario, Canada, navigation aids were inadvertently removed. This action corrects the description of V-36 by reinserting the missing airway segments.

Domestic VOR Federal Airways are published in paragraph 6010(a) of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The VOR Federal Airway listed in this document will be published subsequently in the Order.

Delay of Effective Date

Accordingly, pursuant to the authority delegated to me, the effective date of the final rule, Airspace Docket 14-AEA-8, as published in the Federal Register on June 9, 2015 (80 FR 32464), is hereby delayed until October 15, 2015.

Correction to Final Rule

Accordingly, pursuant to the authority delegated to me, the description of VOR Federal airway V-36 as published in the Federal Register on June 9, 2015 (80 FR 32464) (FR Doc. 2015-13980) for Federal airway V-36, is corrected under the description for V-36 as follows:

Paragraph 6010(a) Domestic VOR Federal Airways V-36 [Corrected]

On page 32465, column 2, remove lines 39-42 and add in its place:

From Thunder Bay, ON, Canada; Wawa, ON, Canada; Sault Ste Marie, MI; Elliot Lake, ON, Canada; Wiarton, ON, Canada to INT Wiarton 150° and Toronto, ON, Canada, 304° radials.

From Buffalo; Elmira, NY; INT Elmira 110° and LaGuardia, NY, 310° radials; to INT LaGuardia 310° and Stillwater, NJ, 043° radials. The airspace in Canada is excluded.

Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Issued in Washington, DC, on July 30, 2015. Jacqueline R. Jackson, Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2015-19239 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-0691; Airspace Docket No. 15-ANM-6] Establishment of Class E Airspace, and Amendment of Class D Airspace; Ogden, Hill AFB, UT AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action establishes Class E airspace and modifies Class D airspace at Hill Air Force Base (AFB), Ogden, UT. The FAA's review of the airspace area revealed that modification of controlled airspace enhances the safety and management of Standard Instrument Approach Procedures for Instrument Flight Rules (IFR) operations at the airport. This action updates the geographic coordinates for Hill AFB, and Ogden-Hinckley Airport.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT:

Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Hill AFB, Ogden, UT.

History

On May 1, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace as an extension to the Class D surface area, and modify Class D airspace at Ogden-Hinckley Airport, Ogden, UT (80 FR 24860). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class D and Class E airspace designations are published in paragraph 5000 and 6004, respectively, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace as an extension to the Class D surface area and modifies Class D airspace Hill AFB, Ogden, UT. Class E airspace as an extension to the Class D surface area is established within a 4.5-mile radius of point in space coordinates, with a segment extending 1 mile southeast. Class D airspace is amended to within a 4.6-mile radius of Hill AFB, and the boundary between Hill AFB and Ogden-Hinckley Airport is moved 1 mile northwest. This action also updates the geographic coordinates for Hill AFB and Ogden-Hinckley Airport. This action enhances the safety and management of controlled airspace within the National Airspace System.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71 —DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 5000 Class D Airspace ANM UT D Ogden, Hill AFB, UT [Modified] Hill AFB, UT (Lat. 41°07′26″ N., long. 111°58′23″ W.) Ogden-Hinckley Airport, UT (Lat. 41°11′44″ N., long. 112°00′47″ W.)

That airspace extending upward from the surface up to, but not including, 7,800 feet within a 4.6-mile radius of Hill AFB, excluding that airspace north of a line beginning at a point where the Ogden-Hinckley Airport 216° radial intersects the Hill AFB 4.6-mile radius; thence counter clockwise along the 4.6- mile radius to the point where the Ogden-Hinckley Airport 99° radial intersects the Hill AFB 4.6-mile radius, thence northwest to lat. 41°10′56″ N., long. 111°59′19″ W.; to lat. 41°10′21″ N., long. 112°00′55 W., to the point of beginning. This airspace is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be published in the Airport/Facility Directory.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area ANM UT E4 Ogden, Hill AFB, UT [New] Hill AFB, UT (Lat. 41°07′26″ N., long. 111°58′23″ W.) Hill AFB, point in space coordinates (Lat. 41°06′27″ N., long.111°57′43″ W.)

That airspace extending upward from the surface within a 4.5-mile radius of point in space coordinates at lat. 41°06′27″ N., long.111°57′43″ W., from the 077° bearing from the Hill AFB airport clockwise to the 230° bearing.

Issued in Seattle, Washington, on July 27, 2015. Johanna Forkner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19140 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1134; Airspace Docket No. 15-ANM-7] Amendment of Class E Airspace; Chehalis, WA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Chehalis-Centralia Airport, Chehalis, WA, to accommodate new Standard Instrument Approach Procedures (SIAPs) at Chehalis-Centralia Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT:

Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Chehalis-Centralia Airport, Chehalis, WA.

History

On May 27, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Chehalis-Centralia Airport, Chehalis, WA (80 FR 30181). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface at Chehalis-Centralia Airport, Chehalis, WA. A review of the airspace revealed that new Standard Instrument Approach Procedures are necessary for the safety and management of IFR operations at the airport. Class E airspace extending upward from 700 feet above the surface is modified to within a 4-mile radius of Chehalis-Centralia Airport, with a segment extending from the 4-mile radius to 8.1 miles north of the airport. This action enhances the safety and management of controlled airspace within the NAS.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ANM WA E5 Chehalis, WA [Modified] Chehalis, Chehalis-Centralia Airport, WA (Lat. 46°40′37″ N., long. 122°58′58″ W.)

That airspace extending upward from 700 feet above the surface within a 4-mile radius of Chehalis-Centralia Airport, and within 1 mile each side of the 358° bearing of the airport extending from the 4-mile radius to 8.1 miles north of the airport.

Issued in Seattle, Washington, on July 31, 2015. Christopher Ramirez, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19475 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1133; Airspace Docket No. 15-ANM-8] Amendment of Class E Airspace; Kelso, WA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Southwest Washington Regional Airport, Kelso, WA, to accommodate new Standard Instrument Approach Procedures (SIAPs) developed at Southwest Washington Regional Airport, Kelso, WA, due to a decrease of controlled airspace. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT:

Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it amends controlled airspace at Southwest Washington Regional Airport, Kelso, WA.

History

On May 27, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Southwest Washington Regional Airport, Kelso, WA (80 FR 30183). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface at Southwest Washington Regional Airport, Kelso, WA. A review of the airspace revealed modification necessary for new Standard Instrument Approach Procedures developed at the airport, the safety and management of IFR operations at the airport. Class E airspace extending upward from 700 feet above the surface is modified to within a 4-mile radius of the Southwest Washington Regional Airport, with segments extending from the 4-mile radius to 14.8 miles northwest of the airport, 20.7 miles north of the airport, and 13.2 miles northeast of the airport. This action enhances the safety and management of controlled airspace within the NAS.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ANM WA E5 Kelso, WA [Modified] Southwest Washington Regional Airport, WA (Lat. 46°07′05″ N., long. 122°53′54″ W.)

That airspace extending upward from 700 feet above the surface within a 4-mile radius of Southwest Washington Regional Airport beginning at lat. 46°07′51″ N., long. 122°48′16″ W., clockwise along the 4-mile radius of the airport to lat. 46°04′25″ N., long. 122°58′10″ W.; to lat. 46°14′02″ N., long. 123°12′43″ W.; to lat. 46°24′21″ N., long. 123°10′19″ W.; to lat. 46°20′04″ N., long. 122°50′07″ W.; thence to the point of beginning.

Issued in Seattle, Washington, on July 31, 2015. Christopher Ramirez, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19476 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-0671; Airspace Docket No. 15-ANM-5] Establishment of Class E Airspace, and Amendment of Class D and E Airspace; Ogden-Hinckley Airport, UT AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action establishes Class E airspace as an extension to the Class D surface area, modifies Class D airspace, and Class E airspace extending from 700 feet above the surface at Ogden-Hinckley Airport, Ogden, UT. The FAA's review of the airspace area revealed that modification of controlled airspace enhances the safety and management of Standard Instrument Approach Procedures for Instrument Flight Rules (IFR) operations at the airport. This action updates the geographic coordinates of Ogden-Hinckley Airport and Hill AFB, Ogden, UT, and corrects an error in the regulatory text of the Class E airspace designated as an extension.

DATES:

Effective 0901 UTC, October 15, 2015. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and ATC Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783.

FOR FURTHER INFORMATION CONTACT:

Steve Haga, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4563.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Ogden-Hinckley Airport, Ogden, UT.

History

On May 1, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace as an extension to the Class D surface area, modify Class D airspace, and Class E airspace extending from 700 feet above the surface, at Ogden-Hinckley Airport, Ogden, UT (80 FR 24861). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Subsequent to publication, the FAA identified an error in the geographic coordinates in the legal description of the airspace designated as an extension to Class D airspace. This action corrects the error.

Class D and Class E airspace designations are published in paragraph 5000, 6004, and 6005, respectively, of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Y, airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace as an extension to the Class D surface area, modifies Class D airspace, and Class E airspace extending upward from 700 feet above the surface at Ogden-Hinckley Airport, Ogden, UT. Class E airspace as an extension to the Class D surface area is established with a segment extending from the 4.3-mile radius of the airport to 16 miles southwest of the airport. The Class D airspace common boundary between Ogden-Hinckley Airport and Hill AFB, Ogden, UT, is moved 1 mile northwest. Class E airspace extending upward from 700 feet above the surface is modified to within a 5.3-mile radius of the airport, with segments extending from the 5.3-mile radius to 11 miles northwest, and 13 miles southwest of the airport. This action updates the geographic coordinates for Ogden-Hinckley Airport and Hill AFB, as well as corrects coordinates in the legal description for the Class E airspace area designated as an extension. This action enhances the safety and management of controlled airspace within the NAS.

Regulatory Notices and Analyses

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 5000 Class D Airspace ANM UT D Ogden-Hinckley Airport, UT [Modified] Ogden-Hinckley Airport, UT (Lat. 41°11′44″ N., long. 112°00′47″ W.) Hill AFB, UT (Lat. 41°07′26″ N., long. 111°58′23″ W.)

That airspace extending upward from the surface up to, but not including, 7,800 feet within a 4.3-mile radius of the Ogden-Hinckley Airport, and that airspace beginning at a point where the Ogden-Hinckley 216° radial intersects the Hill AFB 4.6-mile radius to the point where the Ogden-Hinckley 231° radial intersects the 4.3-mile radius, thence clockwise along the 4.3-mile radius to where the Ogden-Hinckley 84° radial intersects the 4.3-mile radius to the point where the Ogden-Hinckley 99° radial intersects the Hill AFB 4.6-mile radius, excluding the portion southeast of a line beginning where the 216° radial intersects the Hill AFB 4.6-mile radius; thence northeast to lat. 41°10′21″ N., long. 112°00′55 W.; to lat. 41°10′56″ N., long. 111°59′19″ W.; to a point where the Ogden-Hinckley 99° radial intersects the Hill AFB 4.6-nm radius. This airspace is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be published in the Airport/Facility Directory.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area ANM UT E4 Ogden-Hinckley Airport, UT [New] Ogden-Hinckley Airport, UT (Lat. 41°11′44″ N., long. 112°00′47″ W.) Hill AFB, UT (Lat. 41°07′26″ N., long. 111°58′23″ W.)

That airspace extending upward from the surface 4 miles north and parallel to the 225° radial of the Ogden-Hinckley Airport, extending from the 4.3-mile radius to 16 miles southwest of the airport, thence southeast to lat. 40°57′3″ N., long. 112°12′44″ W., thence northeast to the point where the Ogden-Hinckley 99° radial intersects the Hill AFB 4.6-mile radius, thence to the point of beginning.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ANM UT E5 Ogden-Hinckley Airport, UT [Modified] Ogden-Hinckley Airport, UT (Lat. 41°11′44″ N., long. 112°00′47″ W.)

That airspace extending upward from 700 feet above the surface within a 5.3-mile radius of Ogden-Hinckley Airport, and that airspace 3 miles either side of the 294° radial from the airport extending from the 5.3-mile radius to 11 miles northwest of the airport, and that airspace 4 miles either side of the Ogden-Hinckley 226° radial from the 5.3-mile radius to 13 miles southwest of the airport.

Issued in Seattle, Washington, on July 27, 2015. Johanna Forkner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-19138 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9730] RIN 1545-BM50 Extension of Time To File Certain Information Returns AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final and temporary regulations.

SUMMARY:

This document contains final and temporary regulations that remove the automatic extension of time to file information returns on forms in the W-2 series (except Form W-2G). The temporary regulations allow only a single 30-day non-automatic extension of time to file these information returns. These changes are being implemented to accelerate the filing of forms in the W-2 series (except Form W-2G) so they are available earlier in the filing season for use in the IRS's identity theft and refund fraud detection processes. In addition, the temporary regulations update the list of information returns subject to the rules regarding extensions of time to file. The temporary regulations affect taxpayers who are required to file the affected information returns and need an extension of time to file. The substance of the temporary regulations is included in the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.

DATES:

Effective date: These regulations are effective on July 1, 2016.

Applicability date: For dates of applicability, see § 1.6081-8T(g) and (h).

FOR FURTHER INFORMATION CONTACT:

Jonathan R. Black, (202) 317-6845 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Background

This document contains amendments to 26 CFR part 1 under section 6081 of the Internal Revenue Code (Code) regarding extensions of time to file certain information returns. Effective for filing season 2017, this document removes § 1.6081-8 and adds new § 1.6081-8T. Section 1.6081-8 will remain in effect for filing season 2016. Section 1.6081-8 currently provides an automatic 30-day extension of time to file information returns on forms in the W-2 series (including Forms W-2, W-2AS, W-2G, W-2GU, and W-2VI), 1095 series, 1098 series, 1099 series, and 5498 series, and on Forms 1042-S and 8027, and allows an additional 30-day non-automatic extension of time to file those information returns in certain cases.

The temporary regulations § 1.6081-8T are substantially identical to the regulations § 1.6081-8 that will be removed, except that the temporary regulations: (1) Add information returns on forms in the 1097 series and Forms 1094-C, 3921, and 3922 to the list of information returns with procedures prescribed by regulations for the extension of time to file; (2) remove information returns on forms in the W-2 series (except Form W-2G) from the list of information returns eligible for the automatic 30-day extension of time to file, and instead provide a single 30-day non-automatic extension of time to file those information returns; and (3) clarify that the procedures for requesting an extension of time to file in the case of forms in the 1095 series apply to information returns on Forms 1095-B and 1095-C, but not 1095-A.

The due dates imposed by statute, regulation, or form instruction for filing information returns on forms in the W-2 series, 1097 series, 1098 series, and 1099 series, and Forms 1094-C (when filed as a stand-alone information return), 1095-B, 1095-C, 3921, 3922, and 8027 on paper are either February 28 or the last day of February of the calendar year following the calendar year for which the information is being reported. The due date for filing these information returns electronically is March 31 of the calendar year following the calendar year for which the information is being reported. The information returns on forms in the 5498 series and the Form 1042-S, whether filed on paper or electronically, are due March 15 and May 31, respectively, of the calendar year following the calendar year for which the information is being reported. All of these information returns are filed with the IRS, except for information returns on forms in the W-2 series (other than Form W-2G), which are filed with the Social Security Administration. Filers who fail to timely and accurately file these information returns may be subject to penalties under section 6652 (regarding failure to file certain information returns), section 6693 (regarding failure to report on certain tax-favored accounts or annuities), or section 6721 (regarding failure to timely and accurately file information returns defined by section 6724(d)(1)).

Section 6081(a) generally provides that the Secretary may grant a reasonable extension of time, not to exceed 6 months, for filing any return, declaration, statement, or other document required by Title 26 or by regulation. The regulations under section 6081 generally provide rules for extensions of time to file returns. The regulations under § 1.6081-8 provide specific rules for extensions of time to file certain information returns.

Under § 1.6081-8(a), a person required to file certain information returns (the filer), or the person transmitting the return for the filer (the transmitter), can currently receive an automatic 30-day extension of time to file those information returns. A filer or transmitter obtains an automatic 30-day extension of time to file by submitting a Form 8809, “Application for Extension of Time to File Information Returns,” to the IRS on or before the due date of the information return.

Section 1.6081-8(d) also currently provides that a filer or transmitter that obtains an automatic 30-day extension of time to file may request an additional 30-day extension of time to file by submitting a second Form 8809 on or before the date that the automatic 30-day extension of time to file expires. That additional 30-day extension of time to file under § 1.6081-8(d) is not automatically granted by the IRS. Unlike requests to obtain an automatic 30-day extension of time to file under § 1.6081-8(a), a filer or transmitter that requests an additional 30-day extension of time to file under § 1.6081-8(d) is required to sign the Form 8809 under penalties of perjury and include an explanation of why an additional extension of time to file is needed. No further extensions of time to file are permitted under § 1.6081-8.

Employers eligible to file information returns on forms in the W-2 series on an expedited basis under § 31.6071(a)-1(a)(3)(ii) are not eligible to obtain the automatic 30-day extension of time to file those information returns under § 1.6081-8 because they received an automatic extension of time to file information returns on forms in the W-2 series under Rev. Proc. 96-57 (1996-2 CB 389), see § 601.601(d)(2)(ii)(b) of this chapter.

A filer or transmitter seeking an extension of time to furnish statements to recipients is required to separately request an extension of time to furnish the statements under rules applicable to those statements.

Explanation of Provisions

The IRS uses third-party information returns to increase voluntary compliance, verify accuracy of tax returns, improve collection of taxes, and combat fraud, including fraudulent refund claims filed by unscrupulous preparers and individuals using the stolen identities of legitimate taxpayers. Identity theft and refund fraud is a persistent and evolving threat to the nation's tax system. It places an enormous burden on the United States Government, with the most painful and immediate impact being on the victims whose personal information is used to commit the crime and the most pervasive impact being an erosion of public confidence in the tax system.

Identity thieves often electronically file their fraudulent refund claims early in the tax filing season, using fictitious wage and other information of legitimate taxpayers. Unscrupulous preparers also electronically file early in the tax filing season, over-claiming deductions and credits and underreporting income for unwitting, as well as complicit, taxpayers. In many cases, the IRS is unable to verify the wage and other information reported on tax returns filed before April 15th, in part because the IRS does not receive the information returns reporting this information until later in the filing season.

Although paper information returns are generally due to be filed by February 28 or the last day of February of the calendar year following the calendar year for which the information is reported, an extension of time to file under § 1.6081-8 may currently extend the due date until the end of March or, if a non-automatic extension is also granted, the end of April. Similarly, although electronically-filed information returns are generally due by March 31 of the calendar year following the calendar year for which the information is reported, an extension of time to file under § 1.6081-8 may extend the due date until the end of April or, if a non-automatic extension is also granted, the end of May.

Receipt of information returns earlier in the filing season will improve the IRS's ability to identify fraudulent refund claims and stop the refunds before they are paid. The United States Government Accountability Office (GAO) has cited the IRS's receipt of information returns late in the filing season as a contributing factor in payment of fraudulent refunds due to identity theft and preparer misconduct. See GAO Report GAO-14-633, Identity Theft, Additional Actions Could Help IRS Combat the Large, Evolving Threat of Refund Fraud. Removing the automatic 30-day extension of time to file is an affirmative step to accelerate the filing of information returns so they are available earlier in the filing season for use in the IRS's refund fraud detection processes.

Over the next several years, the IRS intends to remove the 30-day automatic extension of time to file certain information returns. Under § 1.6081-8T, which will not be effective until the 2017 filing season, the first information returns subject to these new rules are information returns on forms in the W-2 series (except Form W-2G). These information returns are particularly helpful to the IRS for identifying fraudulent identity theft refund claims and preventing their payout. This is because a significant portion of most taxpayers' income and withholding information is reported on Forms W-2. Forms W-2 are also a major source of the false income and withholding that is reported by identity thieves and unscrupulous preparers. Having access to Forms W-2 earlier in the filing season will improve the IRS's ability to conduct pre-refund matching and identify incidences of identity theft and tax refund fraud.

Accordingly, § 1.6081-8T provides a single 30-day non-automatic extension of time to file information returns on forms in the W-2 series (except Form W-2G) due in 2017 that the IRS may, in its discretion, grant if the IRS determines that an extension of time to file is warranted based on the filer's or transmitter's explanation attached to the Form 8809 signed under the penalties of perjury. The IRS anticipates that it will grant the non-automatic extension of time to file only in limited cases where the filer's or transmitter's explanation demonstrates that an extension of time to file is needed as a result of extraordinary circumstances or catastrophe, such as a natural disaster or fire destroying the books and records a filer needs for filing the information returns. If the IRS does not grant the extension of time to file, information returns filed after their due dates are not timely filed, regardless of whether the application for extension of time to file was filed timely.

The IRS intends to eventually remove the automatic 30-day extension of time to file the other forms listed in § 1.6081-8T and replace it with a single non-automatic 30-day extension of time to file. Therefore, proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register would remove the automatic 30-day extension of time to file these other information returns. As currently drafted, the proposed regulations would affect information returns due January 1 of the calendar year beginning after the date of publication of final regulations in the Federal Register, but the preamble to those proposed regulations provides that final regulations will not be effective any earlier than the 2018 filing season.

Treasury and the IRS request comments on the appropriate timing of the removal of the automatic extension of time to file information returns covered by § 1.6081-8T, such as Form 1042-S, including whether special transitional considerations should be given for any category or categories of forms or filers relative to other forms or filers. Please follow the instructions in the “Comments and Requests for Public Hearing” section in the notice of proposed rulemaking accompanying these temporary regulations in this issue of the Federal Register.

Section 1.6081-8T also updates the list of information returns that are currently covered by § 1.6081-8. Forms 3921 and 3922 are being added to § 1.6081-8T because these forms have been included on Form 8809 since the June 2009 revision, which coincided with the revision of the regulations requiring those forms under section 6039. See TD 9470 (74 FR 59087) November 17, 2009. Forms in the 1097 series are being added because they have similarly been included on Form 8809 since the September 2010 revision, which coincided with the publication of the notice requiring the filing of the only active form in the 1097 series, Notice 2010-28 (2010-15 IRB 541).

In addition, the Form 1094-C is being added to the list of forms in § 1.6081-8T. In most cases the Form 1094-C is filed as a mere transmittal with the Form 1095-C and, therefore, the due date of the Form 1094-C is the same as the Form 1095-C, including extensions. However, in certain cases, the Form 1094-C is filed as a stand-alone information return. See TD 9661, (79 FR 13231) March 10, 2014. When Form 1094-C is filed as a stand-alone information return, it is subject to the same rules regarding extensions of time to file as other information returns. Accordingly, Form 1094-C has been added to the list of forms subject to extension under § 1.6081-8T.

Section 1.6081-8T also replaces the general reference to the forms in the 1095 series that was added to § 1.6081-8 on March 10, 2014, by TD 9660 (79 FR 13220) with specific references to Forms 1095-B and 1095-C. Form 1095-A was not intended to be included in § 1.6081-8, because the timing rules for filing the Form 1095-A are governed by § 1.36B-5. See TD 9663 (79 FR 26113) May 7, 2014.

Special Analyses

Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations.

Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified that this regulation will not have a significant economic impact on a substantial number of small entities. As stated in this preamble, these regulations remove the automatic 30-day extension of time to file information returns on Forms in the W-2 series (except for Form W-2G). Starting in filing season 2017, filers and transmitters may request only one 30-day extension of time to file Form W-2 by timely submitting a Form 8809, including an explanation of the reasons for requesting the extension and signed under penalty of perjury. Although the regulation may potentially affect a substantial number of small entities, the economic impact on these entities is not expected to be significant because filers who are unable to timely file as a result of extraordinary circumstances or catastrophe may continue to obtain a 30-day extension through the Form 8809 process. The form takes approximately 20 minutes to prepare and submit to the IRS. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

Drafting Information

The principal author of these regulations is Jonathan R. Black of the Office of the Associate Chief Counsel (Procedure and Administration).

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Adoptions of Amendments to the Regulations

Accordingly, 26 CFR part 1 is amended as follows:

PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read as follows: Authority:

26 U.S.C. 7805 * * *

Par. 2. Section 1.6081-8 is revised to read as follows:
§ 1.6081-8 Automatic extension of time to file certain information returns.

[Reserved]. For further guidance, see § 1.6081-8T(a) through (g).

Par. 3. Section 1.6081-8T is added to read as follows:
§ 1.6081-8T Extension of time to file certain information returns (temporary).

(a) Information returns on Form W-2G, 1042-S, 1094-C, 1095-B, 1095-C, 1097 series, 1098 series, 1099 series, 3921, 3922, 5498 series, or 8027—(1) Automatic extension of time to file. A person required to file an information return (the filer) on Form W-2G, 1042-S, 1094-C, 1095-B, 1095-C, 1097 series, 1098 series, 1099 series, 3921, 3922, 5498 series, or 8027 will be allowed one automatic 30-day extension of time to file the information return beyond the due date for filing it if the filer or the person transmitting the information return for the filer (the transmitter) files an application in accordance with paragraph (c)(1) of this section.

(2) Non-automatic extension of time to file. One additional 30-day extension of time to file an information return on a form listed in paragraph (a)(1) of this section may be allowed if the filer or transmitter submits a request for the additional extension of time to file before the expiration of the automatic 30-day extension of time to file. No extension of time to file will be granted under this paragraph (a)(2) unless the filer or transmitter has first obtained an automatic extension of time to file under paragraph (a)(1) of this section. To request the additional 30-day extension of time to file, the filer or transmitter must satisfy the requirements of paragraph (c)(2) of this section. No additional extension of time to file will be allowed for an information return on a form listed in paragraph (a)(1) of this section pursuant to § 1.6081-1 beyond the extensions of time to file provided by paragraph (a)(1) of this section and this paragraph (a)(2).

(b) Information returns on forms in the W-2 series (except Form W-2G). Except as provided in paragraph (f) of this section, the filer or transmitter of an information return on forms in the W-2 series (except Form W-2G) may only request one non-automatic 30-day extension of time to file the information return beyond the due date for filing it. To make such a request, the filer or transmitter must submit an application for an extension of time to file in accordance with paragraph (c)(2) of this section. No additional extension of time to file will be allowed for information returns on forms in the W-2 series pursuant to § 1.6081-1 beyond the 30-day extension of time to file provided by this paragraph (b).

(c) Requirements—(1) Automatic extension of time to file. To satisfy this paragraph (c)(1), an application must—

(i) Be submitted on Form 8809, “Request for Extension of Time to File Information Returns,” or in any other manner as may be prescribed by the Commissioner; and

(ii) Be filed with the Internal Revenue Service office designated in the application's instructions on or before the due date for filing the information return.

(2) Non-automatic extension of time to file. To satisfy this paragraph (c)(2), a filer or transmitter must—

(i) Submit a complete application on Form 8809, or in any other manner prescribed by the Commissioner, including a detailed explanation of why additional time is needed;

(ii) File the application with the Internal Revenue Service in accordance with forms, instructions, or other appropriate guidance on or before the due date for filing the information return (for purposes of paragraph (a)(2) of this section, determined with regard to the extension of time to file under paragraph (a)(1) of this section); and

(iii) Sign the application under penalties of perjury.

(d) Penalties. See sections 6652, 6693, and 6721 through 6724 for failure to comply with information reporting requirements on information returns described in this section.

(e) No effect on time to furnish statements. An extension of time to file an information return under this section does not extend the time for furnishing a statement to the person with respect to whom the information is required to be reported.

(f) Form W-2 filed on expedited basis. This section does not apply to an information return on a form in the W-2 series if the procedures authorized in Rev. Proc. 96-57 (1996-2 CB 389) (or a successor revenue procedure) allow an automatic extension of time to file the information return. See § 601.601(d)(2)(ii)(b) of this chapter.

(g) Effective/applicability date. This section applies to requests for extensions of time to file information returns due after December 31, 2016.

(h) Expiration date. The applicability of this section expires on August 10, 2018.

John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: July 31, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2015-19932 Filed 8-12-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 [Docket Number USCG-2015-0705] RIN 1625-AA08 Special Local Regulations; Marine Events Held in the Sector Long Island Sound Captain of the Port Zone AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing five special local regulations for five separate marine events within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters during these events. Entry into, transit through, mooring or anchoring within these regulated areas is prohibited unless authorized by COTP Sector Long Island Sound.

DATES:

This rule is effective without actual notice from August 13, 2015 until 4:30 p.m. on August 28, 2015. For the purposes of enforcement, actual notice will be used from the date the rule was signed, July 29, 2015, until August 13, 2015.

ADDRESSES:

Documents mentioned in this preamble are part of docket [USCG-2015-0705]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, contact Petty Officer Ian Fallon, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4565, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: Table of Acronyms COTP  Captain of the Port DHS  Department of Homeland Security FR  Federal Register NPRM  Notice of Proposed Rulemaking A. Regulatory History and Information

This rulemaking establishes five special local regulations for three regattas and two swim events. Each event and its corresponding regulatory history are discussed below.

Smith Point Triathlon (Swim) is a reoccurring marine event with regulatory history. A safety zone was established for Smith Point Triathlon in 2014 when the Coast Guard issued a temporary final rule entitled, “Safety Zone; Smith Point Triathlon; Narrow Bay; Mastic Beach, NY.” The NPRM in that rulemaking was published on April, 25, 2014 in the Federal Register (79 FR 22927).

Island Beach Two Mile (Swim) is a recurring marine event with regulatory history. A safety zone was established for this event on August 9, 2014 via a temporary final rule entitled, “Special Local Regulations and Safety Zones; Marine Events in Captain of the Port Long Island Sound Zone.” This rule was published on August 12, 2014 in the Federal Register (79 FR 46997).

Riverside Yacht Club JSA of LIS Opti Champs (Regatta) is a new event with no regulatory history.

Riverfront Dragon Boat and Asian Festival (Regatta) is a recurring marine event with regulatory history. A special local regulation was established in 2014 for the Riverfront Dragon Boat and Asian Festival when the Coast Guard enforced 33 CFR 100.100(a)(1.7). This event has been included in this rule due to deviation from the location in this cite.

War Writers Campaign Kayak for Cause (Regatta) is a new event with no regulatory history.

The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. There is insufficient time to publish an NPRM and solicit comments from the public before these events take place. Thus, waiting for a comment period to run would inhibit the Coast Guard's ability to fulfill its mission to keep the ports and waterways safe.

Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register.

B. Basis and Purpose

The legal basis for this temporary rule is 33 U.S.C. 1233 which authorizes the Coast Guard to define regulatory special local regulations.

As discussed in the Regulatory History and Information section, three regattas and two swim events will take place in the Coast Guard Sector LIS COTP Zone between August 2, 2015, and August 28, 2015. The COTP Long Island Sound has determined that the five special local regulations established by this temporary final rule are necessary to provide for the safety of life on navigable waterways during those events.

Smith Point Triathlon will have the swim portion of the triathlon at Smith Point County Park in Shirley, NY. The race participants will stay within 500 feet of the shore. There will be life guards in kayaks as safety boats.

Island Beach Two Mile Swim is a swim event in Long Island Sound south of Greenwich, CT. The swim course starts at Little Captain's Island and follows a course towards Belle Haven, CT turning back towards Captain's Island after a mile. There will be two safety boats at each end of the swim course and fifteen life guards in kayaks along the swim course.

Riverside Yacht Club JSA of LIS Opti Champs is a sailing event will be held in Captain Harbor south of Greenwich, CT using Optimist sailboats. There will be five boats in support of this event and four safety boats.

Riverfront Dragon Boat and Asian Festival is a dragon boat race and regatta that will be held on the Connecticut River in Hartford, CT. There will be three safety boats in support of this event.

War Writers Campaign Kayak for Cause is a kayak event that starts in Bridgeport, CT and ends in Port Jefferson, NY across Long Island Sound. There will be four safety boats accompanying the race participants across Long Island Sound.

C. Discussion of the Temporary Final Rule

This rule establishes five special local regulations for three regattas and two swim events. The locations of these special local regulations are as follows:

Special Local Regulations 1 Smith Point Triathlon Location: All waters of Narrow Bay near Smith Point Park in Shirley, NY within the area bound by land along its southern edge and points in position 40°44′14.28″ N. 072°51′40.68″ W. northerly through position 40°44′20.83″ N. 072°51′40.68″ W., then easterly through position 40°44′20.83″ N. 072°51′19.73″ W., then southerly through position 40°44′14.85″ N. 072°51′19.73″ W. (NAD 83). 2 Island Beach 2 Mile Swim Location: All waters of Captain Harbor between Little Captain's Island and Bower's Island that are located within the box formed by connecting four points in the following positions. Beginning at 40°59′23.35″ N. 073°36′42.05″ W., then northwest to 40°59′51.04″ N. 073°37′57.32″ W., then southwest to 40°59′45.17″ N. 073°38′01.18″ W., then southeast to 40°59′17.38″ N. 073°36′45.90″ W., then northeast to the beginning point at 40°59′23.35″ N. 073°36′42.05″ W. (NAD 83). 3 Riverside Yacht Club JSA of LIS Opti Champs Location: All waters of Captain Harbor near Greenwich, CT within a 1 mile radius of position 41°00′07.5″ N.; 073°36′27.4″ W. (NAD 83). 4 Riverfront Dragon Boat and Asian Festival Location: All waters of the Connecticut River, Hartford, CT, between the Bulkeley Bridge 41°46′10.10″ N.; 072°39′56.13″ W. and the Wilbur Cross Bridge 41°45′11.67″ N.; 072°39′13.64″ W. (NAD 83). 5 War Writers Campaign Kayak For Cause Location: All waters of Long Island Sound along the regatta route from Bridgeport, CT to Port Jefferson, NY along positions 41°09′40″ N.; 073°11′04″ W., then south east near Stratford Shoal at position 41°03′41″ N.; 073°06′24″ W. then south to Port Jefferson at position 40°58′37″ N.; 073° 05′49″ W. (NAD 83).

This rule establishes additional vessel movement rules within areas specifically under the jurisdiction of the special local regulations during the periods of enforcement unless authorized by the COTP or designated representative.

Public notifications will be made to the local maritime community prior to each event through the Local Notice to Mariners and Broadcast Notice to Mariners.

D. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

The Coast Guard determined that this rulemaking is not a significant regulatory action for the following reasons: (1) The enforcement of these regulated areas will be relatively short in duration, (2) persons or vessels desiring entry into the “No Entry” area or a deviance from the stipulations within the “Slow/No Wake Area” may be authorized to do so by the COTP Sector Long Island Sound or designated representative, (3) vessels can operate within the regulated area provided they do so in accordance with the regulation and (4) before the effective period, public notifications will be made to local mariners through appropriate means, which may include but are not limited to the Local Notice to Mariners as well as Broadcast Notice to Mariners.

2. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

This temporary final rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit, anchor, or moor within a regulated area during the periods of enforcement, from August 2, 2015 to August 28, 2015. However, this temporary final rule will not have a significant economic impact on a substantial number of small entities for the same reasons discussed in the Regulatory Planning and Review section.

3. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

6. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

7. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

11. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of special local regulations. This rule is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recording requirements, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 100 as follows:

PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

33 U.S.C. 1233.

2. Add § 100.35T01-0705 to read as follows:
§ 100.35T01-0705 Special Local Regulations; Marine Events in Captain of the Port Long Island Sound Zone.

(a) Regulations. The general regulations contained in 33 CFR 100.35 as well as the following regulations apply to the marine events listed in Table to § 100.T01-0705.

(b) Enforcement periods. This section will be enforced on the dates and times listed for each event in Table to § 100.T01-0705.

(c) Definitions. The following definitions apply to this section:

Designated representative. A “designated representative” is any commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. While members of the Coast Guard Auxiliary will not serve as the designated representative, they may be present to inform vessel operators of this regulation.

Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.

(d) Operators of non-event vessels transiting through the area during the enforcement period are required to travel at no wake speeds or 6 knots, whichever is slower and that vessels shall not block or impede the transit of event participants, event safety vessels or official patrol vessels in the regulated area unless authorized by the Captain of the Port (COTP) or designated representatives.

(e) All persons and vessels shall comply with the instructions of the COTP Sector Long Island Sound or designated representative. These designated representatives are comprised of commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights or other means, the operator of a vessel shall proceed as directed.

(f) Non-event vessels desiring to transit through the “No Wake Area” at faster than no wake speeds must contact the COTP Sector Long Island Sound by telephone at (203)-468-4401, or designated representative via VHF radio on channel 16, to request authorization. A designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. If authorization to transit through at faster than no wake speed within the regulated areas is granted by the COTP Sector Long Island Sound or designated representative, all persons and vessels receiving such authorization must comply with the instructions of the COTP Sector Long Island Sound or designated representative.

(g) The Coast Guard will provide notice of the regulated area prior to the event through appropriate means, which may include but is not limited to the Local Notice to Mariners and Broadcast Notice to Mariners.

(h) The additional stipulations listed in the table to § 100.35T01-0705 also apply for the event in which they are listed.

Table to § 100.35T01-0705 (1) Smith Point Triathlon • Date: August 2, 2015.
  • • Time: 6:20 a.m. to 9:30 a.m.
  • • Location: All waters of Narrow Bay near Smith Point Park in Shirley, NY within the area bound by land along its southern edge and points in position 40°44′14.28″ N. 072°51′40.68″ W. northerly through position 40°44′20.83″ N. 072°51′40.68″ W., then easterly through position 40°44′20.83″ N. 072°51′19.73″ W., then southerly through position 40°44′14.85″ N. 072°51′19.73″ W. (NAD 83).
  • • Additional stipulations: All persons transiting through the area shall maintain a minimum distance of 100 yards from the swimmers.
  • (2) Island Beach 2 Mile Swim • Date: August 8, 2015.
  • • Time: 7:45 a.m. to 10:45 a.m.
  • • Location: The following area is a safety zone: All waters of Captain Harbor between Little Captain's Island and Bower's Island that are located within the box formed by connecting four points in the following positions. Beginning at 40°59′23.35″ N. 073°36′42.05″ W., then northwest to 40°59′51.04″ N. 073°37′57.32″ W., then southwest to 40°59′45.17″ N. 073°38′01.18″ W., then southeast to 40°59′17.38″ N. 073°36′45.90″ W., then northeast to the beginning point at 40°59′23.35″ N. 073°36′42.05″ W. (NAD 83).
  • • Additional stipulations: All persons transiting through the area shall maintain a minimum distance of 100 yards from the swimmers.
  • (3) Riverside Yacht Club JSA of LIS Opti Champs • Date: August 9-10, 2015.
  • • Time: 8:30 a.m. to 4:30 p.m.
  • • Location: All waters of Captain Harbor near Greenwich, CT within a 1 mile radius of position 41°00′07.5″ N; 073°36′27.4″ W. (NAD 83).
  • (4) Riverfront Dragon Boat and Asian Festival • Date: August 15, 2015.
  • • Time: 7:30 a.m. to 5:30 p.m.
  • • Date: August 16, 2015.
  • • Time: 8:30 a.m. to 4:30 p.m.
  • • Location: All waters of the Connecticut River, Hartford, CT, between the Bulkeley Bridge 41°46′10.10″ N; 072°39′56.13″ W. and the Wilbur Cross Bridge 41°45′11.67″ N; 072°39′13.64″ W. (NAD 83).
  • (5) War Writers Campaign Kayak For Cause • Date: August 28, 2015.
  • • Time: 7:30 a.m. to 4:30 p.m.
  • • Location: All waters of Long Island Sound along the regatta route from Bridgeport, CT to Port Jefferson, NY along positions 41°09′40″ N; 073°11′04″ W., then south east near Stratford Shoal at position 41°03′41″ N; 073°06′24″ W. then south to Port Jefferson at position 40°58′37″ N; 073° 05′49″ W. (NAD 83).
  • • Additional stipulations: All persons transiting through the area shall maintain a minimum distance of 100 yards from the kayakers.
  • Dated: July 29, 2015. E.J. Cubanski, III, Captain, U. S. Coast Guard, Captain of the Port Sector Long Island Sound.
    [FR Doc. 2015-19986 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0486] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0 at Sacramento, CA. The deviation is necessary to allow the community to participate in the Arches Run. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

    DATES:

    This deviation is effective from 7:50 a.m. to 10 a.m. on August 16, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0486], is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times the draw shall open on signal if at least four hours notice is given, as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational.

    The drawspan will be secured in the closed-to-navigation position from 7:50 a.m. to 10 a.m. on August 16, 2015, to allow the community to participate in the Arches Run, benefiting the Ronald McDonald House and Shriners Hospitals for Children. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised.

    Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: July 30, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District.
    [FR Doc. 2015-19995 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0688] Drawbridge Operation Regulation; Mokelumne River, East Isleton, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the California Department of Transportation highway drawbridge across the Mokelumne River, mile 3.0, at East Isleton, CA. The deviation is necessary to allow the bridge owner to perform installation of motor drives. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

    DATES:

    This deviation is effective from 6 a.m. on August 17, 2015 to 10 p.m. on August 19, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0688], is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    California Department of Transportation has requested a temporary change to the operation of the California Department of Transportation highway drawbridge across the Mokelumne River, mile 3.0, at East Isleton, CA. The drawbridge navigation span provides approximately 7 feet vertical clearance above Mean High Water in the closed-to-navigation position. In accordance with 33 CFR 117.175(a), the draw opens on signal from November 1 through April 30 from 9 a.m. to 5 p.m.; and from May 1 through October 31 from 6 a.m. to 10 p.m., except that during the following periods the draw need only open for recreational vessels on the hour, 20 minutes past the hour, and 40 minutes past the hour: Saturdays, 10 a.m. until 2 p.m.; Sundays, 11 a.m. until 6 p.m.; and Memorial Day, Fourth of July and Labor Day 11 a.m. until 6 p.m.. At all other times the drawbridge shall open on signal if at least 4 hours notice is given. Navigation on the waterway is commercial, recreational, search and rescue, and law enforcement.

    The drawspan will be secured in the closed-to-navigation position from 6 a.m. on August 17, 2015 to 10 p.m. on August 19, 2015, due to replacing the end lift motors of the bridge. This temporary deviation has been coordinated with the waterway users. Caltrans work plan and dates have been tailored to produce the least possible impacts to waterway traffic, land traffic, businesses and potential flood response plans, while allowing the work to be performed, to ensure dependable future operation of the drawbridge.

    Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies. Alternative paths for recreational vessel traffic are available via Little Potato Slough and Georgiana Slough. The Coast Guard will inform waterway users of this temporary deviation via our Local and Broadcast Notices to Mariners, to minimize resulting navigational impacts.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: July 30, 2015. D.H. Sulouff, District Bridge Chief, Commander, Eleventh Coast Guard District.
    [FR Doc. 2015-19996 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0632] Drawbridge Operation Regulation; China Basin, San Francisco, CA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the 3rd Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow participants to cross the bridge during the San Francisco Giant Race event. This deviation allows the bridge to remain in the closed-to-navigation position during the deviation period.

    DATES:

    This deviation is effective from 5 a.m. to 11:30 a.m. on August 23, 2015.

    ADDRESSES:

    The docket for this deviation, [USCG-2015-0632], is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516, email [email protected]. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    The City of San Francisco Public Works Department has requested a temporary change to the operation of the 3rd Street Drawbridge, mile 0.0, over China Basin, at San Francisco, CA. The drawbridge navigation span provides 3 feet vertical clearance above Mean High Water in the closed-to-navigation position. In accordance with 33 CFR 117.149, the draw opens on signal if at least one hour notice is given. Navigation on the waterway is recreational.

    The drawspan will be secured in the closed-to-navigation position from 5 a.m. to 11:30 a.m. on August 23, 2015, to allow participants to cross the bridge during the San Francisco Giant Race event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised.

    Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge can be operated upon one hour advance notice for emergencies requiring the passage of waterway traffic. There is no alternate route for vessels to pass through the bridge in the closed position. The Coast Guard will also inform waterway users through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: July 30, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District.
    [FR Doc. 2015-19989 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0717] RIN 1625-AA00 Safety Zone; Carly's Crossing; Outer Harbor, Gallagher Beach, Buffalo, NY AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the Outer Harbor, Gallagher Beach, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of the Outer Harbor during the Carly's Crossing swimming event. This temporary safety zone is necessary to protect participants, spectators, mariners, and vessels from the navigational hazards associated with a large scale swimming event.

    DATES:

    This rule is effective from 6:45 a.m. until 2:15 p.m. on August 16, 2015.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket [USCG-2015-0717]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.

    SUPPLEMENTARY INFORMATION: Table of Acronyms DHS  Department of Homeland Security FR  Federal Register NPRM  Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with a large scale swimming event.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable.

    B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones.

    Between 6:45 a.m. and 2:15 p.m. on August 16, 2015, a large scale swimming event will take place in the Outer Harbor, near Gallagher Beach on Lake Erie in Buffalo, NY. The Captain of the Port Buffalo has determined that such a large scale swimming event across a navigable waterway will pose significant risks to participants and the boating public.

    C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Carly's Crossing swimming event. This zone will be enforced from 6:45 p.m. until 2:15 p.m. on August 16, 2015. This zone will encompass a portion of the Outer Harbor, Gallagher Beach, Buffalo, NY starting at position 42°50′38.92″ N., 78°51′40.37″ W.; then West to 42°50′25.33″ N., 78°52′12.05″ W.; then East to 42°50′26.69″ N., 78°51′34.97″ W.; then North returning to the point of origin to form a triangle (NAD 83).

    Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.

    D. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders.

    1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

    We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port.

    2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Outer Harbor between 6:45 a.m. to 2:15 p.m. on August 16, 2015.

    This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone would be effective, and thus subject to enforcement, for only 7.5 hours early in the day. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners.

    3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

    Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

    4. Collection of Information

    This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    5. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism.

    6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.

    7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

    9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

    11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    12. Energy Effects

    This action is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

    13. Technical Standards

    This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

    14. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows:

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T09-0717 to read as follows:
    § 165.T09-0717 Safety Zone; Carly's Crossing; Outer Harbor, Gallagher Beach, Buffalo, NY.

    (a) Location. This zone will encompass a portion of the waters of the Outer Harbor, Gallagher Beach, Buffalo, NY starting at position 42°50′38.92″ N., 78°51′40.37″ W.; then West to 42°50′25.33″ N., 78°52′12.05″ W.; then East to 42°50′26.69″ N., 78°51′34.97″ W.; then North returning to the point of origin to form a triangle (NAD 83).

    (b) Enforcement period. This regulation will be enforced on August 16, 2015 from 6:45 a.m. until 2:15 p.m.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative.

    (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative.

    (3) The “on-scene representative” of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf.

    (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative.

    Dated: July 28, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo.
    [FR Doc. 2015-19987 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED-2015-OSERS-0069; CFDA Number: 84.264G.] Final Priority. Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Final priority.

    SUMMARY:

    The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Rehabilitation Training program. The Assistant Secretary may use this priority for competitions in fiscal year 2015 and later years. We take this action to provide training and technical assistance to State vocational rehabilitation agencies to improve services under the State Vocational Rehabilitation Services program and State Supported Employment Services program for individuals with disabilities, including those with the most significant disabilities, and to implement changes to the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), signed into law on July 22, 2014.

    DATES:

    This priority is effective September 14, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza (PCP), Washington, DC 20202-2800. Telephone: (202) 245-7335 or by email: [email protected]

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Purpose of Program: Under the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Workforce Innovation and Opportunity Act, the Rehabilitation Services Administration (RSA) makes grants to States and public or nonprofit agencies and organizations (including institutions of higher education) to support projects that provide training, traineeships, and technical assistance (TA) designed to increase the numbers of, and improve the skills of, qualified personnel, especially rehabilitation counselors, who are trained to provide vocational, medical, social, and psychological rehabilitation services to individuals with disabilities; assist individuals with communication and related disorders; and provide other services authorized under the Rehabilitation Act.

    Program Authority: 29 U.S.C. 772(a)(1).

    Applicable Program Regulations: 34 CFR part 385.

    We published a notice of proposed priority for this competition in the Federal Register on June 17, 2015 (80 FR 34579). That notice contained background information and our reasons for proposing the particular priority. Except for minor revisions, there are no differences between the proposed priority and this final priority.

    Public Comment: In response to our invitation in the notice of proposed priority, eight parties submitted comments on the proposed priority. Generally, we do not address technical and other minor changes, or suggested changes the law does not authorize us to make under the applicable statutory authority. In addition, we do not address general comments that raised concerns not directly related to the proposed priorities.

    Analysis of Comments and Changes: An analysis of the comments follows.

    Comment: Most of the commenters recommended that we modify the priority to establish two centers—one center providing assistance to designated State vocational rehabilitation (VR) agencies serving individuals who are blind or visually impaired and a second center to provide assistance to designated State VR agencies that serve all other individuals with disabilities. In the alternative, these commenters recommended that if the Office of Special Education and Rehabilitative Services (OSERS) decides to fund only one center, the final priority should earmark funds and require, directly or through contract or other arrangement, qualified TA staff to address the unique needs of professionals serving individuals with blindness.

    The commenters stated that these recommendations are consistent with section 101(a)(2)(A) of the Rehabilitation Act, which authorizes States to designate a State agency to provide VR services to individuals who are blind or visually impaired, as well as a designated State agency to provide VR services to all other individuals with disabilities. If a second center were established to serve individuals who are blind or visually impaired, such action would recognize that these agencies and the clientele they serve deserve the same quality, level, and intensity of TA provided to designated State agencies that serve all other individuals with disabilities.

    Discussion: RSA recognizes that the Rehabilitation Act authorizes a State to designate a separate VR agency to serve individuals who are blind or visually impaired, and agrees that these agencies deserve the same quality, level, and intensity of TA provided to State agencies that serve all other individuals with disabilities.

    However, we believe the priority as written provides TA of the same quality, level, and intensity to all State VR agencies, regardless of type. All 80 State VR agencies (including the 24 separate State VR agencies for individuals who are blind or visually impaired) will be able to receive universal, general TA, as well as targeted, specialized TA for the five topic areas of responsibility outlined for the Workforce Innovation Technical Assistance Center (WITAC). Likewise, all 80 agencies may apply for intensive TA for the five topic areas of responsibility outlined for the WITAC. Intensive TA is intended to be individualized to the needs of the requesting State VR agency and driven by an agreement between the State VR agency requesting the intensive TA and the WITAC.

    In general, the five topic areas pertain to new requirements of WIOA, which apply to all States and to all State VR agencies, and thus do not necessitate separate TA centers for agencies serving individuals who are blind or visually impaired. While implementation strategies and responsibilities of State VR agencies in States where two State VR agencies exist may differ somewhat depending on their negotiated responsibilities within the State, these differences can be addressed through the negotiated intensive TA agreement.

    Additionally, we decline to set aside a portion of the funds for TA to the State VR agencies for individuals who are blind or visually impaired. As outlined above, we believe that all TA provided by the WITAC will be beneficial to State VR agencies regardless of the population that they serve, and a set-aside may result in an inefficient allocation of funds.

    Changes: None.

    Comment: One commenter stated that the WITAC appears to cover an extremely broad spectrum of issues, such as: Pre-employment transition services, compliance with section 511 of the Rehabilitation Act, competitive integrated employment strategies, integration into the State workforce development system, and transition to new performance accountability measures. The commenter was concerned about the degree to which the center will be able to provide meaningful guidance and assistance across such a wide range of topics to VR agencies nationwide, as well as about how this will mesh with the efforts of the Job Driven Vocational Rehabilitation Technical Assistance Center (JDVRTAC) and other planned instruments for assistance.

    Discussion: We agree that the WITAC covers a broad spectrum of topics, but we believe that this will not be an obstacle to effective TA or produce unnecessary duplication with the work of the JDVRTAC. Rather, the common thread among the TA topics is that they all address changes required by WIOA. Further, because some topic areas are interrelated in pursuit of WIOA goals, we believe that it is reasonable for the WITAC to provide TA in each of these topic areas. The applicant will be required to describe how the center will be staffed and will provide the expertise to address all of the five topic areas in this priority. Finally, the WITAC and the JDVRTAC are cooperative agreements, which allow for oversight, coordination, and direction of project activities by RSA through the terms of the cooperative agreements. In sum, we believe that the benefits of having these WIOA-related TA topics housed together in a single center outweigh any disadvantages.

    Changes: None.

    Comment: One commenter noted that, as with the JVRDTAC, it would appear that TA classified as “intensive” would be available to a relatively small number of agencies nationally (approximately 23). The commenter suggested that criteria for selection of these sites be included in the scope of the WITAC.

    Discussion: We disagree. The intent is to allow State VR agencies to request TA tailored to meet their individual needs (within the content of one or more of the five topic areas). We therefore do not want to create in the priority a rigid, one-size-fits-all set of criteria for all requests.

    Further, as to the appropriate distribution of TA, the applicant will be required to describe its plan for recruiting and selecting State VR agencies as part of the application. After the grant is awarded, RSA will modify the required number of agencies to receive intensive TA, if needed, through the cooperative agreement.

    Changes: None.

    Comment: One commenter stated that the type of assistance to be provided under topic area (d) (integration of the State VR program into the workforce development system) and under topic area (e) (transition to new common performance accountability system and its required data elements) is unclear, and the commenter recommended that this assistance be consistent with the guidance and TA that the U.S. Departments of Labor (DOL) and Education, as well other WIOA core partners, provide to their own State entities. The commenter also recommended that assistance in developing contractual agreements for WIOA partnerships be included.

    Discussion: We recognize that some of the topic areas may seem broad in their wording. However, this is intentional. Given the range of issues that we expect State VR agencies may experience as they begin to implement WIOA, we believe it is important to provide the WITAC with broader areas of focus, so that the center can effectively respond to the needs of the field.

    We also agree that the TA provided by the WITAC needs to be consistent with the guidance and TA provided by RSA, DOL, and other WIOA core partners. As such, collaboration and coordination with other partners and TA efforts is required in the priority and will be ensured through mechanisms described in the cooperative agreement. The WITAC is also charged with gathering guidance and TA materials from these sources, and the WITAC may provide TA jointly with partners or partner TA centers as WIOA implementation efforts move forward.

    As part of the TA to be provided in the “integration of the State VR program into the workforce development system” topic area, the WITAC can provide assistance to States in developing contractual agreements for WIOA partnerships. The applicant will have to describe how it will collect and disseminate contracts, related policies, and other information about State VR agency efforts with regard to implementation of WIOA's requirements as part of the knowledge development requirements in the priority.

    Changes: None.

    Comment: One commenter stated that specific guidance and TA on reporting requirements for both fiscal and programmatic changes (particularly pre-employment transition services), changes to the Case Service Report (RSA-911) data reporting, and data sharing with other WIOA core partners are essential to optimal implementation of WIOA. In addition, the commenter recommended that this guidance be provided as quickly and specifically as possible to allow States to restructure and implement the new requirements for data collection and service delivery.

    Discussion: We agree that specific guidance for reporting requirements, including RSA-911 reporting changes and data sharing with other WIOA core partners, is essential to the implementation of WIOA. We also agree that guidance in these areas is needed as soon as possible.

    However, it is not the responsibility of the WITAC to develop the guidance on these issues. That responsibility lies with the Federal agencies. The WITAC, on the other hand, will assist State VR agencies in implementing these new requirements as soon as practicable after the guidance is available. The WITAC will also provide TA to State VR agencies on how to use performance results to improve agency performance.

    Changes: None.

    Comment: One commenter asked how much guidance will be provided in development of Unified or Combined State Plans and how the timing of this assistance will mesh with the established deadline of March 2016 for Unified or Combined State Plan submissions. The commenter also asked if there will be a separate TA mechanism for this aspect of WIOA implementation.

    Discussion: TA on these topics can be conducted through the WITAC as part of the activities related to the integration of the VR program into the workforce development system. Even though this is an area of major change, the content of the Unified or Combined State Plans is related to the implementation activities of many parts of WIOA. At this time, RSA is not planning any further investments under this program for TA on Unified or Combined State Plans.

    We recognize that States are required to submit their Unified or Combined State Plans by March 2016. However, given the expected award date of this cooperative agreement, and the time that the WITAC will need to set up and onboard the necessary staff, we do not think it is reasonable to expect the WITAC to be able to provide intensive TA to a large number of States prior to the March 2016 submission deadline. However, RSA is committed to ensuring that States have the resources that they need to complete these plans, and will work with the WITAC to prioritize TA resources as needed when the award is made.

    Changes: None.

    Comment: One commenter recommended establishment of a WITAC after State VR agencies and others have had a reasonable time to digest WIOA and the final regulations so as to have a clear idea of the TA that would be needed. The commenter recommended delaying implementation of a WITAC until 2016.

    Discussion: We disagree that implementation of the WITAC should be postponed until 2016. Based on RSA's experience, it will take a new TA center about one year to gather and develop information on existing and emerging practices that could relate to the implementation of WIOA in the five topic areas assigned to the WITAC. Regulations will be final during that time. Additionally, given the likely award date, we do not expect any intensive TA agreements to begin until 2016, and to have the center start from scratch in 2016 would likely delay the implementation of intensive TA agreements until 2017.

    Changes: None.

    Comment: One commenter stated that, while the list of specific TA topic areas is a good list, there ought to be flexibility for State VR agencies and the WITAC to deviate from the stated TA topic areas if they find themselves in need of WIOA TA on other topics.

    Discussion: We believe that the list of WIOA topic areas is sufficiently broad to encompass TA on WIOA requirements, except for those requirements relating to employer engagement, services to employers, and knowledge of the 21st century workforce. These aspects of WIOA are primarily the purview of the JDVRTAC, with which the WITAC will be required to coordinate through the cooperative agreements of both centers.

    Taking the WITAC and the JDVRTAC together, we believe that TA needs emerging from WIOA implementation can be subsumed under one or more topic areas of these centers.

    Changes: None.

    Comment: One commenter suggested that, in order to avoid duplication and stretching of resources, the WITAC should look to existing effective communities of practice that could meet identified TA needs in various areas before establishing a new one.

    Discussion: We agree that avoiding duplication and prudent use of resources is important, and nothing in the current priority prohibits the use of existing communities of practice. Indeed, cross-posting materials on multiple, disparate communities of practice could be a useful tool for expanding the reach of the WITAC. However, we also believe a dedicated forum relating to the work of the WITAC will be a valuable resource for State VR staff and may help to bring together staff who would otherwise not collaborate on independent communities of practice.

    Changes: None.

    Final Priority:

    The purpose of this priority is to fund a cooperative agreement to establish a Vocational Rehabilitation Workforce Innovation Technical Assistance Center (WITAC). The focus of this priority is to provide training and technical assistance (TA) to State vocational rehabilitation (VR) agencies on the new statutory requirements imposed by WIOA.

    The WITAC is designed to achieve, at a minimum, the following outcomes:

    (a) Implementation of effective and efficient “pre-employment transition services” for students with disabilities, as set forth in section 113 of the Rehabilitation Act;

    (b) Implementation by State VR agencies, in coordination with local and State educational agencies and with the Department of Labor, of the requirements in section 511 of the Rehabilitation Act that are under the purview of the Department of Education;

    (c) Increased access to supported employment and customized employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, receiving services under the State VR and Supported Employment programs;

    (d) An increased percentage of individuals with disabilities who receive services through the State VR agency and who achieve employment outcomes in competitive integrated employment;

    (e) Improved collaboration between State VR agencies and other core programs of the workforce development system; and

    (f) Implementation of the new common performance accountability system under section 116 of WIOA.

    Topic Areas

    The WITAC will develop and provide training and TA to State VR agency staff and related rehabilitation professionals and service providers in five topic areas related to changes made by WIOA:

    (a) Provision of pre-employment transition services to students with disabilities and supported employment services to youth with disabilities;

    (b) Implementation of the requirements in section 511 of the Rehabilitation Act that are under the purview of the Department of Education;

    (c) Provision of resources and strategies to help individuals with disabilities achieve competitive integrated employment, including customized employment and supported employment;

    (d) Integration of the State VR program into the workforce development system; and

    (e) Transition to the new common performance accountability system under section 116 of WIOA, including the collection and reporting of common data elements.

    Project Activities

    To meet the requirements of this priority, the WITAC must, at a minimum, conduct the following activities:

    Knowledge Development Activities

    (a) In the first year, collect information from the literature and from existing State and Federal programs about evidence-based and promising practices relevant to the work of the WITAC and make this information publicly available in a searchable, accessible, and useful format. The WITAC must review, at a minimum:

    (1) Literature on evidence-based and promising practices relevant to the work of the WITAC;

    (2) The results of State VR agency monitoring conducted by RSA;

    (3) State VR agency program and performance data;

    (4) Department of Education and Department of Labor policies and guidance on program changes made by WIOA and implementation of those changes; and

    (5) Any existing State VR agency memoranda of understanding (MOUs) or agreement (MOAs) related to the work of the WITAC.

    (b) In the first year, conduct a survey of relevant stakeholders and VR service providers to identify workforce development TA needs and a process by which TA solutions can be offered to State VR agencies and their partners. The WITAC must survey, at a minimum:

    (1) State VR agency staff;

    (2) Relevant RSA staff; and

    (3) Other stakeholders, including stakeholders from the transition and special education community, the workforce development community, and the rehabilitation community.

    (c) Develop and refine one or more curriculum guides for VR staff training for each of the topic areas listed in the Topic Areas section of this priority.

    Technical Assistance and Dissemination Activities

    (a) Provide intensive, sustained TA 1 to a minimum of 23 State VR agencies and their associated rehabilitation professionals and service providers in the topic areas set out in this priority. The WITAC must provide intensive, sustained TA to a minimum of two agencies in the first year of the project and to a minimum of seven additional agencies per year in the second, third, and fourth years of the project. These are minimum requirements, and the expectation is that intensive, sustained TA will be provided, to the extent funds are available, to all of the State VR agencies that request intensive, sustained TA. This TA must include:

    1 For the purposes of this priority, “intensive, sustained technical assistance” means TA services often provided on-site and requiring a stable, ongoing relationship between the TA center staff and the TA recipient. “Technical assistance services” are defined as negotiated series of activities designed to reach a valued outcome. This category of TA should result in changes to policy, program, practice, or operations that support increased recipient capacity or improved outcomes at one or more systems levels.

    (1) For topic area (a), how to—

    (i) Develop, manage, and implement effective pre-employment transition services to improve the transition of students with disabilities from secondary to postsecondary education and employment;

    (ii) Coordinate pre-employment transition services with transition services provided under IDEA; and

    (iii) Develop and implement supported employment services for youth with the most significant disabilities;

    (2) For topic area (b):

    (i) How to provide career-related counseling, information, and referral services to individuals entering and continuing employment at subminimum wages; and

    (ii) How to implement documentation requirements for youth with disabilities seeking employment at subminimum wage, in accordance with section 511 of the Rehabilitation Act;

    (3) For topic area (c), how to design and implement new services and new roles and responsibilities among partner agencies to increase the percentage of individuals achieving competitive integrated employment and to meet the supported employment and customized employment requirements of the Rehabilitation Act;

    (4) For topic area (d), how to develop model relationships between State VR agencies and other core programs of the workforce development system for purposes of implementing the requirements of title I of WIOA, especially those requirements related to integration of core programs into the workforce development system; and

    (5) For topic area (e), how to effectively transition to the new common performance accountability system required in section 116 of WIOA and use performance results to implement programmatic changes to improve agency performance.

    (b) Provide a range of targeted, specialized TA 2 and universal, general TA 3 products and services on the topic areas in this priority. This TA must include, at a minimum, the following activities:

    2 For the purposes of this priority, “targeted, specialized technical assistance” means TA services based on needs common to multiple recipients and not extensively individualized. A relationship is established between the TA recipient and one or more TA center staff. This category of TA includes one-time, labor-intensive events, such as facilitating strategic planning or hosting regional or national conferences. It can also include episodic, less labor-intensive events that extend over a period of time, such as facilitating a series of conference calls on single or multiple topics that are designed around the needs of the recipients. Facilitating communities of practice can also be considered targeted, specialized TA.

    3 For the purposes of this priority, “universal, general technical assistance” means TA and information provided to independent users through their own initiative, resulting in minimal interaction with TA center staff and including one-time, invited or offered conference presentations by TA center staff. This category of TA also includes information or products, such as newsletters, guidebooks, or research syntheses, downloaded from the TA center's Web site by independent users. Brief communications by TA center staff with recipients, either by telephone or email, are also considered universal, general TA.

    (1) Establishing and maintaining a state-of-the-art information technology (IT) platform sufficient to support Webinars, teleconferences, video conferences, and other virtual methods of dissemination of information and TA.

    Note:

    All products produced by WITAC must meet government- and industry-recognized standards for accessibility, including section 508 of the Rehabilitation Act.

    (2) Developing and maintaining a state-of-the-art archiving and dissemination system that—

    (i) Provides a central location for later use of TA products, including course curricula, audiovisual materials, Webinars, examples of emerging and best practices for the topic areas in this priority, and any other TA products; and

    (ii) Is open and available to the public.

    Note:

    In meeting the requirements for (b)(1) and (2) above, the WITAC may either develop new platforms or systems or may modify existing platforms or systems, so long as the requirements of this priority are met.

    (3) Providing a minimum of two Webinars or video conferences over the course of the project on each of the topic areas in this priority to describe and disseminate information about emerging and best practices in each area.

    Coordination Activities

    (a) Establish one or more communities of practice that focus on the topic areas in this priority and that act as vehicles for communication and exchange of information among State VR agencies and partners, including the results of TA projects that are in progress or have been completed;

    (b) Communicate, collaborate, and coordinate, on an ongoing basis, with other relevant Department-funded projects and those supported by the Social Security Administration (SSA) and the Departments of Labor, Health and Human Services, and Commerce; and

    (c) Maintain ongoing communication with the RSA project officer and other RSA staff as required.

    Application Requirements

    To be funded under this priority, applicants must meet the application requirements in this priority. RSA encourages innovative approaches to meet these requirements, which are to:

    (a) Demonstrate, in the narrative section of the application under “Significance of the Project,” how the proposed project will address State VR agencies' capacity to implement the requirements of WIOA. To meet this requirement, the applicant must:

    (1) Demonstrate knowledge of current RSA guidance and State and Federal initiatives designed to improve engagement with the workforce development system and workforce development system partners;

    (2) Demonstrate knowledge of current State VR agency and other efforts to improve engagement with secondary schools, youth programs, and other programs that provide services to youth with disabilities for the purpose of assisting such youth to enter postsecondary education or competitive integrated employment; and

    (3) Demonstrate knowledge of current State VR agency efforts to engage with State Medicaid, developmental disability, and mental health agencies to develop agreements and provide services leading to competitive integrated employment, including supported employment and customized employment.

    (b) Demonstrate, in the narrative section of the application under “Quality of Project Services,” how the proposed project will—

    (1) Achieve its goals, objectives, and intended outcomes. To meet this requirement, the applicant must provide—

    (i) Measurable intended project outcomes;

    (ii) A plan for how the proposed project will achieve its intended outcomes; and

    (iii) A plan for communicating, collaborating, and coordinating with key staff in State VR agencies; State and local partner programs; RSA partners, such as the Council of State Administrators of Vocational Rehabilitation, the National Association of State Directors of Special Education, the National Council of State Agencies for the Blind, and other TA centers; and relevant programs within SSA and the Departments of Education, Labor, Health and Human Services, and Commerce.

    (2) Use a conceptual framework to develop project plans and activities, describing any underlying concepts, assumptions, expectations, beliefs, or theories, as well as the presumed relationships or linkages among these variables, and any empirical support for this framework.

    (3) Be based on current research and make use of evidence-based practices. To meet this requirement, the applicant must describe—

    (i) How the current research about adult learning principles and implementation science will inform the proposed TA; and

    (ii) How the proposed project will incorporate current research and evidence-based practices in the development and delivery of its products and services.

    (4) Develop products and provide services that are of high quality and sufficient intensity and duration to achieve the intended outcomes of the proposed project. To address this requirement, the applicant must describe—

    (i) Its proposed activities to identify or develop the knowledge base on emerging and promising practices in the five topic areas listed in the Topic Areas section of this priority;

    (ii) Its proposed approach to universal, general TA;

    (iii) Its proposed approach to targeted, specialized TA, which must identify—

    (A) The intended recipients of the products and services under this approach; and

    (B) Its proposed approach to measure the capacity and readiness of State VR agencies to work with the proposed project, assessing, at a minimum, their current infrastructure, available resources, and ability to effectively respond to the TA, as appropriate;

    (iv) Its proposed approach to intensive, sustained TA, which must identify—

    (A) The intended recipients of the products and services under this approach;

    (B) Its proposed approach to measure the readiness of the State VR agencies to work with the proposed project, including the State VR agencies' commitment to the initiative, fit of the initiative, current infrastructure, available resources, and ability to effectively respond to the TA, as appropriate;

    (C) Its proposed plan for assisting State VR agencies to build training systems that include professional development based on adult learning principles and coaching; and

    (D) Its proposed plan for developing agreements with State VR agencies to provide intensive, sustained TA. The plan must describe how the agreements will outline the purposes of the TA, the intended outcomes of the TA, and the measurable objectives of the TA that will be evaluated.

    (5) Develop products and implement services to maximize the project's efficiency. To address this requirement, the applicant must describe—

    (i) How the proposed project will use technology to achieve the intended project outcomes; and

    (ii) With whom the proposed project will collaborate and the intended outcomes of this collaboration.

    (c) Demonstrate, in the narrative section of the application under “Quality of the Evaluation Plan,” how the proposed project will—

    (1) Measure and track the effectiveness of the TA provided. To meet this requirement, the applicant must describe its proposed approach to—

    (i) Collecting data on the effectiveness of each TA activity from State VR agencies, partners, or other sources, as appropriate; and

    (ii) Analyzing data and determining effectiveness of each TA activity, including any proposed standards or targets for determining effectiveness.

    (2) Collect and analyze data on specific and measurable goals, objectives, and intended outcomes of the project, including measuring and tracking the effectiveness of the TA provided. To address this requirement, the applicant must describe—

    (i) Its proposed evaluation methodologies, including instruments, data collection methods, and analyses;

    (ii) Its proposed standards or targets for determining effectiveness;

    (iii) How it will use the evaluation results to examine the effectiveness of its implementation and its progress toward achieving the intended outcomes; and

    (iv) How the methods of evaluation will produce quantitative and qualitative data that demonstrate whether the project and individual TA activities achieved their intended outcomes.

    (d) Demonstrate, in the narrative section of the application under “Adequacy of Project Resources,” how—

    (1) The proposed project will encourage applications for employment from persons who are members of groups that have historically been underrepresented based on race, color, national origin, gender, age, or disability, as appropriate;

    (2) The proposed key project personnel, consultants, and subcontractors have the qualifications and experience to provide TA to State VR agencies and their partners in each of the topic areas in this priority and to achieve the project's intended outcomes;

    (3) The applicant and any key partners have adequate resources to carry out the proposed activities; and

    (4) The proposed costs are reasonable in relation to the anticipated results and benefits;

    (e) Demonstrate, in the narrative section of the application under “Quality of the Management Plan,” how—

    (1) The proposed management plan will ensure that the project's intended outcomes will be achieved on time and within budget. To address this requirement, the applicant must describe—

    (i) Clearly defined responsibilities for key project personnel, consultants, and subcontractors, as applicable; and

    (ii) Timelines and milestones for accomplishing the project tasks.

    (2) Key project personnel and any consultants and subcontractors will be allocated to the project and how these allocations are appropriate and adequate to achieve the project's intended outcomes, including an assurance that such personnel will have adequate availability to ensure timely communications with stakeholders and RSA;

    (3) The proposed management plan will ensure that the products and services provided are of high quality; and

    (4) The proposed project will benefit from a diversity of perspectives, including those of State and local personnel, TA providers, researchers, and policy makers, among others, in its development and operation.

    Types of Priorities: When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority, we consider only applications that meet the priority (34 CFR 75.105(c)(3)).

    Competitive preference priority: Under a competitive preference priority, we give competitive preference to an application by (1) awarding additional points, depending on the extent to which the application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets the priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)).

    Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications (34 CFR 75.105(c)(1)).

    This notice does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.

    Note:

    This notice does not solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the Federal Register.

    Executive Orders 12866 and 13563 Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the Executive order and subject to review by the Office of Management and Budget (OMB). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” as an action likely to result in a rule that may—

    (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities in a material way (also referred to as an “economically significant” rule);

    (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

    (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order.

    This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866.

    We have also reviewed this final regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency—

    (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify);

    (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account—among other things and to the extent practicable—the costs of cumulative regulations;

    (3) In choosing among alternative regulatory approaches, select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity);

    (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and

    (5) Identify and assess available alternatives to direct regulation, including economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or provide information that enables the public to make choices.

    Executive Order 13563 also requires an agency “to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include “identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.”

    We are issuing this final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that this regulatory action is consistent with the principles in Executive Order 13563.

    We also have determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions.

    In accordance with both Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for administering the Department's programs and activities.

    Through this priority, State VR agencies will receive TA to improve the quality of VR services and the competitive integrated employment outcomes achieved by individuals with disabilities, which ultimately will increase the percentage of individuals with disabilities who receive services through the State VR agencies who achieve competitive integrated employment outcomes. This priority would promote the efficient and effective use of Federal funds.

    Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance.

    This document provides early notification of our specific plans and actions for this program.

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: August 7, 2015. Michael K. Yudin, Assistant Secretary for Special Education and Rehabilitative Services.
    [FR Doc. 2015-20011 Filed 8-12-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AP18 Additional Compensation on Account of Children Adopted Out of Veteran's Family AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history. This document adopts as a final rule, without change, the proposed rule published in the Federal Register on December 2, 2014.

    DATES:

    This rule is effective September 14, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Li, Chief, Regulations Staff (211D), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    On December 2, 2014, VA published in the Federal Register (79 FR 71366), a proposed rule to amend 38 CFR 3.57 and 3.58 to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. In this regard, pursuant to 38 U.S.C. 1115, a veteran entitled to compensation based on a service-connected disability rating of not less than 30 percent is entitled to an additional rate of disability compensation for each of his or her children. Additionally, 38 CFR 3.58 provides that “[a] child of a veteran adopted out of the family of the veteran . . . is nevertheless a child within the meaning of that term as defined by § 3.57 and is eligible for benefits payable under all laws administered by the Department of Veterans Affairs.” However, VA believes its longstanding interpretation in § 3.58, as it applies to 38 U.S.C. 1115, is inconsistent with the statute's clear purpose to provide for payments to a veteran that are based primarily upon the veteran's needs for purposes of supporting his or her dependent family members.

    VA, therefore, believes Congress did not intend for section 1115 to provide additional disability compensation to a veteran on account of a child who is adopted out of the veteran's family. In such cases, it is clear that any payment to the veteran on account of the adopted-out child would rarely, if ever, fulfill the clear purpose of section 1115 to provide for the expense of supporting that child. As such, VA is amending its regulations, particularly 38 CFR 3.57, 3.58, and 3.458, to eliminate this additional compensation paid to veterans for such children.

    Any child, however, who is adopted out of the veterans family does not, as the result of the amendments to 38 CFR 3.57 and 3.58, lose any rights to receive VA benefits in the child's own right, such as dependency and indemnity compensation, which is not necessarily dependent upon a continuing, legally based parent-child relationship.

    The proposed rule was published in the Federal Register (79 FR 71366) on December 2, 2014. A 60-day comment period was provided. No public comments were received regarding the proposed rule. As a result, based on the rationale set forth in the proposed rule, we adopt the provisions of the proposed rule as a final rule without change. This rule will apply as of the effective date of the final rule, namely 30 days following the date of publication of the final rule.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for “VA Regulations Published From FY 2004 Through Fiscal Year to Date.”

    Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-12). This final rule will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the final regulatory flexibility analysis requirements of section 604.

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-21).

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.102, Compensation for Service-Connected Deaths for Veterans' Dependents; 64.105, Pension to Veterans, Surviving Spouses, and Children; 64.109, Veterans Compensation for Service-Connected Disability; and 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Nabors II, Chief of Staff, Department of Veterans Affairs, approved this document on August 7, 2015, for publication.

    List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Dated: August 10, 2015. Michael Shores, Chief Impact Analyst, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 38 CFR part 3 as follows:

    PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A continues to read as follows: Authority:

    38 U.S.C. 501(a), unless otherwise noted.

    2. Amend § 3.57: a. In paragraph (a)(1) introductory text, by removing the phrase “paragraphs (a)(2) and (3)” and adding in its place “paragraphs (a)(2) through (4)”. b. By adding paragraph (a)(4). c. By adding an authority citation immediately following newly added paragraph (a)(4). d. By revising the Cross References at the end of the section.

    The revisions and additions read as follows:

    § 3.57 Child.

    (a) * * *

    (4) For purposes of any benefits provided under 38 U.S.C. 1115, Additional compensation for dependents, the term child does not include a child of a veteran who is adopted out of the family of the veteran. This limitation does not apply to any benefit administered by the Secretary that is payable directly to a child in the child's own right, such as dependency and indemnity compensation under 38 CFR 3.5.

    (Authority: 38 U.S.C. 101(4), 501, 1115).

    CROSS REFERENCES: Improved pension rates. See § 3.23. Improved pension rates; surviving children. See § 3.24. Child adopted out of family. See § 3.58. Child's relationship. See § 3.210. Helplessness. See § 3.403(a)(1). Helplessness. See § 3.503(a)(3). Veteran's benefits not apportionable. See § 3.458. School attendance. See § 3.667. Helpless children—Spanish-American and prior wars. See § 3.950.

    3. Revise § 3.58 to read as follows:
    § 3.58 Child adopted out of family.

    (a) Except as provided in paragraph (b) of this section, a child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran's death is nevertheless a child within the meaning of that term as defined by § 3.57 and is eligible for benefits payable under all laws administered by the Department of Veterans Affairs.

    (b) A child of a veteran adopted out of the family of the veteran is not a child within the meaning of § 3.57 for purposes of any benefits provided under 38 U.S.C. 1115, Additional compensation for dependents.

    (Authority: 38 U.S.C. 101(4)(A), 1115).

    CROSS REFERENCES: Child. See § 3.57. Veteran's benefits not apportionable. See § 3.458.

    4. Amend § 3.458: (a) In paragraph (d), by removing the phrase “, except the additional compensation payable for the child”. (b) By adding Cross References at the end of the section.

    The addition reads as follows:

    § 3.458 Veterans benefits not apportionable.

    CROSS REFERENCES: Child. See § 3.57. Child adopted out of family. See § 3.58.

    [FR Doc. 2015-19949 Filed 8-12-15; 8:45 am] BILLING CODE 8320-01-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary 43 CFR Part 4 [156A2100DD/AAKC001030/A0A501010.999900 253G] RIN 1094-AA54 Hearing Process Concerning Acknowledgment of American Indian Tribes AGENCY:

    Office of the Secretary, Interior.

    ACTION:

    Final rule.

    SUMMARY:

    The Office of the Secretary is publishing this final rule contemporaneously and in conjunction with the Bureau of Indian Affairs final rulemaking (the BIA final rule) revising the process and criteria for Federal acknowledgment of Indian tribes. This rule establishes procedures for a new optional, expedited hearing process for petitioners who receive a negative proposed finding for Federal acknowledgment.

    DATES:

    This rule is effective September 14, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Karl Johnson, Senior Attorney, Office of Hearings and Appeals, Departmental Cases Hearings Division, (801) 524-5344; [email protected] Persons who use a telecommunications device for the deaf may call the Federal Information Relay Service at 800-877-8339.

    SUPPLEMENTARY INFORMATION: I. Executive Summary of Rule

    This final rule establishes procedures for the hearing process, including provisions governing prehearing conferences, discovery, motions, an evidentiary hearing, briefing, and issuance by the administrative law judge (ALJ) of a recommended decision on Federal acknowledgment of an Indian tribe for consideration by the Assistant Secretary—Indian Affairs (AS-IA). This final rule complements the BIA final rule published in the July 1, 2015 Federal Register, 80 FR 37862, that revises 25 CFR part 83 to improve the processing of petitions for Federal acknowledgment of Indian tribes. These improvements include affording the petitioner an opportunity to request a hearing before an ALJ in the Departmental Cases Hearings Division (DCHD), Office of Hearings and Appeals (OHA), if the petitioner receives a negative proposed finding on Federal acknowledgment from the Office of Federal Acknowledgment (OFA).

    Our proposed rule also contained procedures for a new re-petition authorization process which the BIA proposed establishing in its proposed rule. Because the BIA is not incorporating that process into the BIA final rule, our final rule does not contain procedures for that process.

    The other primary differences between our proposed rule and this final rule are:

    • This final rule allows only a DCHD ALJ to preside over the hearing process.

    • Except under extraordinary circumstances, this final rule:

    (1) Does not allow discovery;

    (2) limits the scope of evidence admissible at hearing to documentation in the administrative record reviewed by OFA and testimony clarifying or explaining information in that documentation; and

    (3) limits witnesses to expert witnesses and OFA staff who participated in preparation of the negative proposed finding.

    • This final rule extends a few of the deadlines in the proposed rule, including allowing 15 more days to file motions to intervene, while streamlining the hearing process overall by the aforementioned limits on discovery, the scope of evidence, and witnesses.

    • This final rule does not incorporate the proposed rule's provision requiring direct testimony to be submitted in writing.

    • This final rule establishes procedures for obtaining protective orders limiting disclosure of information that is confidential or exempt by law from public disclosure.

    II. Comments on the Proposed Rule and the Department's Responses

    The proposed rule was published on June 19, 2014. See 79 FR 35129. We extended the initial comment deadline of August 18, 2014, to September 30, 2014, see 79 FR 44150, to comport with the BIA's extension of the comment period for its proposed rule. As more fully explained in the preamble to the BIA final rule, the Department held public meetings, teleconferences, and separate consultation sessions with federally recognized Indian tribes in July and August of 2014. During the public comment period, we received seven written comment submissions on our proposed rule.

    Some comments pertain to the BIA proposals to (1) eliminate the process for reconsideration of the AS-IA's determination by the Interior Board of Indian Appeals (IBIA) found at 25 CFR 83.1, (2) establish the opportunity for the hearing process under proposed 25 CFR 83.38(a) and 83.39, and (3) establish the opportunity for the re-petition authorization process under proposed 25 CFR 83.4. We address only briefly the comments we received on these and any other proposals made in the BIA proposed rule. Those proposals, along with additional comments which the BIA received, are more fully addressed in the BIA final rule.

    We have reviewed each of the comments received by us and have made several changes to the proposed rule in response to these comments. The following is a summary of comments received and our responses.

    A. Eliminating the IBIA Reconsideration Process and Adding the Hearing Process

    The BIA's proposed rule would eliminate the process for IBIA reconsideration of the AS-IA's determination found at 25 CFR 83.11, and would replace it with a new hearing process under proposed 25 CFR 83.38(a) and 83.39. The new process would be governed by procedures in our proposed rule. One commenter stated that the IBIA reconsideration process should be retained because it allows interested parties other than the petitioner to seek independent review of acknowledgment determinations that is not available under the proposed hearing process.

    Response: The BIA final rule retains the proposal to delete the IBIA reconsideration process and allows for a hearing on a negative proposed finding. See the responses to comments in the BIA final rule.

    B. Re-Petition Authorization Process

    Proposed §§ 4.1060 through 4.1063 identify procedures for re-petitioning under 25 CFR 83.4(b) of the BIA proposed rule. Under that proposed re-petition process, an OHA judge could authorize an unsuccessful petitioner to re-petition for Federal acknowledgment if certain conditions are met. One condition, identified by some commenters as the “third-party veto,” would require written consent for re-petitioning from any third party that participated as a party in an administrative reconsideration or Federal Court appeal concerning the unsuccessful petition. Two commenters opposed the proposed “third-party veto” and one opposed allowing for any re-petitioning.

    Response: The final rule does not include the procedures for the re-petition authorization process because the BIA final rule did not incorporate that process. See the responses to comments in the BIA final rule.

    C. Standard of Proof

    25 CFR 83.10(a) in the BIA proposed rule attempted to clarify the meaning of the “reasonable likelihood” standard of proof found at 25 CFR 83.6(d). Section 4.1047 in our proposed rule repeated the language of proposed § 83.10(a). One commenter supported the “reasonable likelihood” standard of proof in proposed § 4.1047, while one commenter stated that the proposed definition for “reasonable likelihood” comes from the criminal law context and, as such, is too low.

    Response: In its final rule, the BIA concludes, in light of commenters' concerns that its proposed rule changed the standard of proof, that its final rule would retain the current “reasonable likelihood” standard of proof and discard the proposed interpreting language. This final rule does the same. See § 4.1048. The Department will continue to interpret “reasonable likelihood of the validity of the facts” consistent with its interpretations in prior decisions and the plain language of the phrase, and will strive to prevent a trend toward a more stringent interpretation over time.

    D. Notification of Local Governments

    A few commenters requested the addition of requirements to notify local governments of petitions, OFA proposed findings, and elections of hearings.

    Response: The BIA final rule requires more notice to local governments by adding that the Department will notify the local, county-level government in writing of the receipt of the petition and other actions, in addition to notifying the State attorney general and governor. See 25 CFR 83.22, 83.34, 83.39.

    E. Opportunity for Third Parties To Request a Hearing and Intervene in Hearing Process

    25 CFR 83.38(a) in the BIA proposed rule would allow only a petitioner receiving a negative proposed finding to request a hearing. One commenter believed, in the interest of fairness, that other interested parties should be able to request a hearing after a positive proposed finding.

    Proposed § 4.1021 would allow for intervention of right by any entity who files a motion to intervene demonstrating that the entity has an interest that may be adversely affected by the final determination. Several commentators asserted that State or local governmental entities should be recognized automatically as intervenors.

    Response: In its final rule the BIA adopts the proposed approach of allowing only a petitioner receiving a negative proposed finding to request a hearing. See 25 CFR 83.38(a). The BIA explains, in part, that

    [t]he Part 83 petitioning process is similar to other administrative processes uniquely affecting an applicant's status in that the applicant may administratively challenge a negative determination, but third parties may not administratively challenge a positive determination. . . . The [25 CFR part 83] process provides third parties with the opportunity to submit comments and evidence. BIA Final Rule at 78. Responses to comments in the BIA final rule provide the BIA's complete explanation for adopting this approach.

    Our final rule adopts the proposed rule approach of allowing for intervention of right by any entity who files a motion to intervene demonstrating that the entity has an interest that may be adversely affected by the final determination. See § 4.1021. Conditioning intervention on the filing of a motion showing such an interest is not a heavy burden. It allows other parties the opportunity to express opposing viewpoints to facilitate confirmation of whether the entity indeed has such an interest.

    F. Hearing Process Time Limits

    Proposed § 4.1050 would require issuance of a recommended decision within 180 days after issuance of the docketing notice, unless the ALJ issues an order finding good cause to issue the recommended decision at a later date. A few commenters stated that this time limit is too aggressive and recommended lengthening the time period. One added that, at a minimum, proposed § 4.1050 should allow for an automatic 90-day extension of the time limit upon the petitioner's request and that the OHA judge should liberally grant further extension requests, especially where the petitioner needs more time to prepare its case due to resource limitations.

    Proposed § 4.1021 would require that a motion to intervene be filed within 15 days after election of the hearing. A few commenters asserted that this time period is too short.

    25 CFR 83.38 in the BIA proposed rule would allow the petitioner 60 days after the end of the comment period for a negative proposed finding to elect a hearing and/or respond to any comments. If the petitioner elects a hearing, the petitioner must list in its written election the witnesses and exhibits it intends to present at the hearing. One commenter stated that the 60-day period for the petitioner to provide witness and exhibit information is too short.

    Response: To promote efficiency but lessen the burden of complying with the 180-day time limit for the hearing process, the final rule retains the 180-day time limit while streamlining the hearing process by limiting discovery, the scope of evidence, and witnesses. See §§ 4.1031, 4.1042, 4.1046. We do not anticipate that a petitioner's limited resources will substantially impede compliance with the time limit for several reasons. First, the petitioner should have already diligently gathered all relevant evidence and submitted it to OFA. The purposes of the hearing process are to allow for clarification of information in the OFA administrative record, to focus on the key issues and evidence, and to produce a recommended decision on those issues by an independent tribunal, which will ultimately promote transparency in and the integrity of the process. Second, in keeping with these purposes, the final rule limits discovery, the persons who may testify, and the scope of admissible evidence to documentation from OFA's administrative record and testimony clarifying and explaining the information in that documentation. See §§ 4.1031, 4.1042, 4.1046. These limits will lessen resource expenditures for all parties. Third, the final rule retains the proposed provision allowing the ALJ to extend the 180-day time limit for good cause. See § 4.1051. Allowing a petitioner an automatic 90-day extension upon request does not promote efficiency or diligence and hence is less desirable than the proposed and adopted provision allowing for extensions for good cause.

    Some adjustments to timeframes have been made to address the comments, including doubling the time period for intervention from 15 days to 30 days. See § 4.1021. The BIA final rule also allows an extra 60 days for the petitioner to provide witness and exhibit information in the election of hearing by establishing that the petitioner's period to respond to comments on OFA's negative proposed finding and period for election of a hearing run consecutively rather than simultaneously. See 25 CFR 83.38.

    G. Scope of the Hearing Record

    In the proposed rule, we invited comment on whether the hearing record should include all evidence in OFA's administrative record for the petition or be limited to testimony and exhibits specifically identified by the parties. A few commenters stated that the hearing record should encompass the whole administrative record plus any information submitted in the hearing.

    Response: A primary purpose of the hearing process is to inform the AS-IA's final determination by focusing in on the key issues and evidence and producing a recommended decision on those issues from an independent tribunal. To that end, under the final rule, the hearing record will not automatically include the entire administrative record reviewed by OFA, but only those portions which are considered sufficiently important to be offered by the parties as exhibits and to be admitted into evidence by the ALJ. While the AS-IA may consider not only the hearing record, but also OFA's entire administrative record, we believe that an independent review of the key issues and evidence will be invaluable to the AS-IA.

    The final rule does limit admissible evidence to documentation in the OFA administrative record and to testimony clarifying or explaining the information in that documentation. See § 4.1046. The final rule also limits who may testify to expert witnesses and OFA staff who participated in preparation of the negative proposed finding. See § 4.1042. The ALJ may admit other evidence or allow other persons to testify only under extraordinary circumstances.

    These limits will afford the parties the opportunity to clarify the record, without expanding the record beyond what was before OFA. The limits will encourage the petitioner and all others to be diligent in gathering and presenting to OFA all their relevant evidence and discourage strategic withholding of evidence. This will ensure that OFA's proposed finding is based on the most complete record possible, allowing the ALJ to focus on discrete issues in dispute if a hearing is requested.

    H. Disclosure of Confidential Information and Discovery

    The BIA received comments on its proposed rule expressing concern that petitions may contain confidential information that should be protected from disclosure. Those comments prompted the addition of a new section in this rule containing procedures for obtaining protective orders limiting disclosure of information which is confidential or exempt by law from public disclosure.

    A corresponding change has been made in one of the criteria for allowing discovery in § 4.1031(b). Proposed § 4.1031(b)(4) would require a showing “[t]hat any trade secrets or proprietary information can be adequately safeguarded.” The phrase “trade secrets or proprietary information” has been changed to “confidential information” to better reflect the type of information which may need safeguarding.

    Regarding discovery generally, proposed § 4.1031 would allow for discovery by agreement of the parties or by order of the judge if certain criteria are met. Those criteria are similar to standards typically used by various tribunals.

    The final rule limits discovery more strictly, eliminating discovery by agreement of the parties, and requiring not only that those criteria be met, but also that extraordinary circumstances exist to justify the discovery. Consistent with these limitations, the final rule removes many provisions addressing the details of discovery, allowing the ALJ to exercise his or her discretion to tailor discovery in the rare instance where extraordinary circumstances exist.

    These changes were prompted in part by general comments that the proposed 180-day time limit for the hearing process is too short. Also influential were more specific comments that petitioners may lack resources to engage in prehearing procedures or to prepare their cases in a timely manner in light of the expedited nature of the hearing process.

    Discovery can be time-consuming and require large expenditures of resources, and thus could be burdensome for petitioners and other parties as well, especially given the time sensitive nature of the expedited hearing process. Limiting discovery will alleviate those burdens, leaving more time and resources for other case preparation activities.

    This benefit outweighs the impediment to case preparation, if any, that limiting discovery may pose. The need for discovery should be rare in light of the case preparation that occurs prior to the petitioner's election of a hearing, the limited scope of the hearing record, and the availability of OFA's administrative record to all parties. In the rare instances where extraordinary circumstances justify discovery, the ALJ may customize it to serve justice while striving to keep case preparation moving forward in a timely manner.

    I. Presiding Judge Over Hearing

    In the proposed rule, any of several different employees of OHA could be assigned to preside as the judge over the hearing process: An administrative law judge appointed under 5 U.S.C. 3105, an administrative judge (AJ), or an attorney designated by the OHA Director. See § 4.1001, definition of “judge.” We invited comments on who is an appropriate OHA judge to preside. Two commenters stated that an ALJ is most appropriate. One preferred an AJ. Most identified impartiality or independence as a desirable trait. One stated that regardless of what type of judge presides over the hearing, the judge should have some background in Indian law.

    Response: The final rule establishes that the judge presiding over hearings will be a DCHD ALJ (see § 4.1001, definition of ALJ), because DCHD ALJs are experienced and skilled at presiding over hearings and managing procedural matters to facilitate justice. They also have some knowledge of Indian law and their independence is protected and impartiality fostered by laws which, among other things, exempt them from performance ratings, evaluation, and bonuses (see 5 U.S.C. 4301(2)(D), 5 CFR 930.206); vest the Office of Personnel Management rather than the Department with authority over the ALJs' compensation and tenure (see 5 U.S.C. 5372, 5 CFR 930.201-930.211); and provide that most disciplinary actions against ALJs may be taken only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for a hearing (see 5 U.S.C. 7521).

    J. Conduct of the Hearing

    One commenter strongly supported the provisions recognizing a petitioner's right to orally cross-examine OFA staff who participated in preparation of the negative proposed finding, requiring submittal of written direct testimony prior to the hearing for efficiency, and allowing parties to supplement and amend testimony when absolutely necessary. This commenter also stated that the proposed rule would require only senior Department employees to be subject to subpoena or discovery. The commenter urged us to clarify that all OFA staff and consultants who participated in preparation of the proposed finding would be subject to discovery and subpoena under proposed § 4.1031(h)(3) and proposed § 4.1037(a)(2).

    Response: These proposed sections would simply limit deposing and issuing subpoenas to senior Department employees to instances where certain conditions are met; the sections would not limit discovery and subpoenas for other OFA staff and consultants who participated in preparation of the negative proposed finding. Nevertheless, proposed § 4.1037(a)(2), redesignated § 4.1035(a)(2), has been reworded to clarify this with respect to subpoenas. The provisions of proposed § 4.1031(h)(3) pertaining to depositions have not been changed but they have been moved to § 4.1033(b)(3).

    Please note, however, with respect to all persons, the final rule limits discovery to situations where extraordinary circumstances exist. See § 4.1031. Under the final rule, in the absence of extraordinary circumstances, OFA staff who participated in the preparation of the negative proposed finding still may be deposed for the preservation of testimony, as opposed to for discovery purposes, and may be subpoenaed. However, if the staff member is a senior Department employee, the deposition or subpoena will be allowed only if certain conditions are met. See §§ 4.1033(b)(3) and 4.1035(a)(2).

    The proposed rule's requirement to submit direct testimony in writing prior to the hearing is not being incorporated into the final rule. This requirement was designed to shorten the hearing to facilitate compliance with the 180-day time limit for issuance of the recommended decision. However, the requirement is burdensome for the parties and the burden is no longer justified because the final rule adopts other measures to streamline the hearing process. Those measures include limiting discovery, the scope of admissible evidence, and the witnesses who may testify. See §§ 4.1031, 4.1042, and 4.1046.

    K. Miscellaneous Comments 1. Facilitating Petitioner Participation

    One commenter made suggestions for facilitating petitioner participation in the hearing process, stating that hearings should be held in a location near the petitioner, that telephonic conferences should be allowed, and that filing and service of documents by priority mail should be allowed as an alternative to the proposed rule's requirements that overnight mail or delivery services be used for both filing and service. See proposed § 4.1012(b) and proposed § 4.1013(c). These suggestions are based in part upon the commenter's stated concern that a petitioner's participation may be impeded by a lack of resources. The commenter also observed that some petitioners may be in remote locations without access to overnight mail or delivery services.

    Response: A standard hearing procedure is for the ALJ to consider the convenience of all parties, their representatives, and witnesses in setting a place for hearing, but not to unduly favor the preferences of one party over another. A provision mandating that the hearing be held in a location near the petitioner would deviate from this fair standard in all cases without sufficient justification. Indeed, in some cases the petitioner itself may not favor a hearing location near to it, such as where its witnesses are not located near the petitioner. The selection of a hearing location is best left to the discretion of the ALJ. To guide the exercise of that discretion, a provision has been added to the final rule incorporating the fair standard that the ALJ will consider the convenience of all parties, their representatives, and witnesses in setting a place for hearing.

    Regarding telephonic conferences, both the proposed and final rule include a provision that conferences will ordinarily be held by telephone. See § 4.1022(d) and proposed § 4.1022(c).

    The suggestion to allow for filing and service of documents by priority mail has not been adopted. Requiring filing and service by overnight delivery promotes compliance with time limits for specific actions as well as with the overall time limit for the hearing process of 180 days. The use and cost of overnight delivery can be avoided by filing and serving a document by facsimile transmission and regular mail if the document is 20 pages or less. See § 4.1012(b)(iii). Given the limits on discovery and admissible evidence, we do not anticipate a large volume of exchanges of documents exceeding 20 pages. Nevertheless, to address the rare situation where mandating strict compliance with the prescribed filing and service methods would be unfair, the final rule adds language to both §§ 4.1012(b) and 4.1013(c) giving the ALJ discretion to allow deviation from those methods.

    2. Summary Decision Procedures

    In the proposed rule we included summary decision procedures, see proposed § 4.1023, and invited comments on whether the final rule should include them. A commenter stated that they will be beneficial but that there should be a safeguard to address situations where petitioners lack the resources to respond to motions for summary decision.

    Response: We agree that summary decision procedures should be included in the final rule because they will be beneficial, but we do not believe that such a safeguard is warranted. If a petitioner elects to initiate the hearing process, fairness dictates that it should be prepared to expend resources to defend its position. Summary decision procedures are designed to minimize those expenditures by avoiding costly hearings, where appropriate, thus conserving the resources of all parties. And, implementation of such a safeguard would entail expenditures in resolving whether petitioner's financial status merits bypassing the summary decision procedures.

    Further, the final rule modifies the summary decision procedures in the proposed rule to conform to the present version of Rule 56 of the Federal Rules of Civil Procedure. This includes the addition of a provision that allows the ALJ to issue appropriate orders other than a recommended summary decision where a party fails to properly address another party's assertion of fact. See § 4.1023(e). Thus, if a party does not respond properly to a motion for summary decision because of a lack of resources or otherwise, the ALJ has discretion whether or not to issue a recommended summary decision. Even if the ALJ feels that summary decision in a given case is technically proper, sound judicial policy and the proper exercise of judicial discretion may prompt the ALJ to deny the motion and permit the case to be developed fully at hearing since the movant's ultimate legal rights can always be protected in the course of or even after hearing. See, e.g., Olberding v. U.S. Dept. of Defense, Dept. of the Army, 564 F.Supp. 907 (S.D. Iowa 1982), aff'd 709 F.2d 621. Accordingly, flexible summary decision procedures are included in the final rule without a specific safeguard for petitioners lacking resources.

    3. DNA Evidence

    One commenter stated that the proposed rule should allow DNA results to be used to determine “Indian Blood Line” and qualify people as “Indian.”

    Response: DNA results may be admitted into evidence if they satisfy the generally applicable requirements for the admissibility of evidence found at § 4.1046(a), including that evidence be probative. The ALJ is experienced and skilled at evaluating the admissibility of evidence and there is no good justification for including in the final rule a provision specifically addressing the admissibility of DNA results.

    III. Section-by-Section Analysis

    The following discussion briefly describes the changes the final rule makes to the proposed rule, while the complete, final regulatory text follows this section. We do not discuss regulations that have not been changed or that were changed only in minor ways such as by correcting regulatory citations, restyling, or substituting the term “ALJ” for “judge” or “DCHD” for “OHA,” see § 4.1001 discussed below. The reader may wish to consult the preamble of the proposed rule and the “Comments on the Proposed Rule and the Department's Responses” portion of this preamble for additional explanation of the regulations.

    § 4.1001 What terms are used in this subpart?

    This section in the proposed rule contained definitions for “OHA” and “judge,” with judge being defined to include several different employees of OHA who could be assigned to preside over the hearing process: an administrative law judge appointed under 5 U.S.C. 3105, an administrative judge (AJ), or an attorney designated by the OHA Director. The definitions of “OHA” and “judge” have been removed and replaced with definitions “DCHD” and “ALJ,” respectively, so that only a DCHD ALJ may preside over the hearing process. Those terms are substituted for OHA and judge in many other sections of this final rule.

    Because the final rule removes proposed §§ 4.1060 through 4.1063 containing the re-petition authorization process, the definitions of “re-petition authorization process” and “unsuccessful petitioner” in this section of the proposed rule have also been removed and the definition of “representative” has been modified.

    § 4.1002 What is the purpose of this subpart?

    Because the final rule removes proposed §§ 4.1060 through 4.1063 containing the re-petition authorization process, those portions of this section pertaining to that process have also been removed: Paragraph (b) and the reference to that process in paragraph (c). Accordingly, paragraph (c) has been redesignated paragraph (b).

    § 4.1003 Which general rules of procedure and practice apply?

    Because the final rule removes proposed §§ 4.1060 through 4.1063 containing the re-petition authorization process, those portions of this section pertaining to that process have also been removed: Paragraph (d) and the reference to that process in paragraphs (a), (b), and (c). The remaining text of § 4.1003 has been rearranged but not altered in meaning, except for the following. Because proposed § 4.1017(a) has been modified to preclude ex parte communications in accordance with 43 CFR 4.27, proposed § 4.1003 has been modified to state that the provisions of 43 CFR part 4, subpart B do not apply, “except as provided in § 4.1017(a).”

    § 4.1010 Who may act as a party's representative, and what requirements apply to a representative?

    Because the final rule removes proposed §§ 4.1060 through 4.1063 containing the re-petition authorization process, that portion of this section referencing that process has also been removed.

    § 4.1012 Where and how must documents be filed?

    Because, under the final rule, only an ALJ employed by DCHD may preside over the hearing process, the place of filing has been changed to DCHD. In the proposed rule, this section provides that documents must be filed with the Office of the Director, OHA, because several different types of OHA employees from various OHA organizations could be assigned to serve as the judge presiding over the hearing process. This section provides relevant contact information for DCHD, and identifies the methods by which documents can be filed there.

    § 4.1014 What are the powers of the ALJ?

    Because the final rule modifies § 4.1031 to limit discovery to situations where extraordinary circumstances exist, the ALJ's listed power in this section to authorize discovery has been qualified so that discovery may be authorized “under extraordinary circumstances.” The final rule also adds to this section's list of ALJ powers the power to impose non-monetary sanctions for a person's failure to comply with an ALJ order or provision of this subpart. This addition substitutes for proposed § 4.1036, which pertained to the imposition of sanctions and which has been eliminated. See § 4.1036.

    § 4.1017 Are ex parte communications allowed?

    Proposed § 4.1017 prohibits ex parte communications in accordance with 5 U.S.C. 554(d), which applies only to adjudications required by statute to be determined on the record after opportunity for an agency hearing. Because the hearing process is not such an adjudication, § 4.1017 has been reworded to prohibit ex parte communications in accordance with 43 CFR 4.27(b). While § 4.27(b) does not have the section 554(d) prohibition against the presiding hearing officer being responsible to or subject to the supervision or direction of the investigating or prosecuting agency, this difference is immaterial because ALJs are not responsible to or subject to the supervision or direction of OFA or the AS-IA.

    § 4.1019 How may a party submit prior Departmental final decisions?

    In furtherance of the Department's policy of applying each criterion for Federal acknowledgment consistently with, and no more stringently than, its application in prior Departmental final decisions, § 4.1019 has been added to identify how a party may submit prior decisions for the ALJ's consideration. The ALJ will consider proper submittals of relevant Departmental final decisions and the ALJ's recommended decision should be consistent therewith.

    § 4.1020 What will DCHD do upon receiving the election of hearing from a petitioner?

    The BIA's final companion rule changes the place for filing a petitioner's election of hearing from OFA, as proposed, to the DCHD (within OHA). See 25 CFR 83.38(a). To reflect this change, the final rule slightly modifies § 4.1020 and revises its title to read: “What will DCHD do upon receiving the election of hearing from a petitioner?” Also, under the final rule, OFA will not be sending the entire administrative record to DCHD, but instead will send only a copy of the proposed finding, critical documents from the administrative record that are central to the portions of the negative proposed finding at issue, and any comments and evidence and responses sent in response to the proposed finding. See 25 CFR 83.39(a).

    § 4.1021 What are the requirements for motions for intervention and responses?

    This section doubles the period for filing a motion to intervene from the proposed 15 days to 30 days after issuance of the hearing election notice under 25 CFR 83.39(a). Another modification pertains to the proposed provisions requiring that a motion to intervene include the movant's position with respect to the issues of material fact raised in the election of hearing and precluding an intervenor from raising issues of material fact beyond those raised in the election. See proposed § 4.1021(b)(2) and (f)(3). Those provisions have been modified to apply not only to issues of material fact, but also to issues of law. See § 4.1021(b)(2) and (f)(3).

    The final rule also eliminates proposed paragraph (e)(4), which states that the ALJ, in determining whether permissive intervention is appropriate, will consider “[t]he effect of intervention on the Department's implementation of its statutory mandates.” This language, like much of the proposed rule, was patterned after language in the hydropower hearing regulations at 43 CFR part 45. The statutory provisions governing those hearings imposed certain requirements, including that the hearing process be completed in 90 days. There are no similar statutory mandates applicable to the hearing process addressed in this rule. Therefore, paragraph (e)(4) has been eliminated.

    § 4.1022 How are prehearing conferences conducted?

    This section extends the deadline for conducting the initial prehearing conference from the proposed 35 days to 55 days after issuance of the docketing notice, because the preceding deadline for filing a motion to intervene is being extended under § 4.1021. This section also removes written testimony from the list of topics for discussion at the initial prehearing conference under paragraph (a) and removes discovery from that list and the topics for discussion at the parties' meeting under paragraph (e). These topics have been removed because they will rarely be discussed, given that the final rule restricts the use of discovery to extraordinary circumstances and eliminates the requirement in proposed § 4.1042 to submit direct testimony in writing.

    § 4.1023 What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?

    This section has been reorganized and reworded to conform to the latest version of Rule 56 of the Federal Rules of Civil Procedure. Most of the changes are not substantive. Paragraph (e) does afford the ALJ more flexibility in addressing situations where a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact, allowing the ALJ to issue any appropriate order. Paragraph (f) makes explicit the ALJ's authority to issue, after giving notice and a reasonable opportunity for the parties to respond, a recommended summary decision independent of a motion for recommended summary decision. References to forms of discovery have been eliminated from the list of materials used to support a parties' position because the final rule restricts discovery to extraordinary circumstances and we expect that the use of discovery will be rare.

    § 4.1031 Under what circumstances will the ALJ authorize a party to obtain discovery of information?

    Proposed § 4.1031 would allow for discovery by agreement of the parties or by order of the judge if the certain criteria in paragraph (b) are met. Those criteria are similar to standards typically used by various tribunals.

    This section of the final rule limits discovery more strictly, requiring not only that those criteria be met, but also that extraordinary circumstances exist to justify the discovery. Further, discovery by agreement of the parties has been eliminated.

    Because of these changes and the expectation that the use of discovery will be rare, this section has been renamed and modified as follows: (1) Proposed paragraphs (f) and (g), addressing discovery of materials prepared for hearing and facts known or opinions held by experts, and proposed paragraph (i), pertaining to completion of discovery, have been eliminated; and (2) proposed paragraph (h), which would limit depositions to those for the purpose of preserving testimony as opposed to for discovery purposes, has also been eliminated. However, the criteria in proposed paragraph (h) for the ALJ to authorize depositions for preserving testimony have been moved to a new § 4.1033. The effect of modification (2) is that depositions for discovery purposes may now be allowed, but, like other discovery, only under extraordinary circumstances and if otherwise in accordance with § 4.1031.

    Consistent with the final rule's extension of the deadlines for filing motions to intervene and conducting the initial prehearing conference, this section also extends the deadlines for filing discovery motions, if any, from the proposed 20 days to 30 days after issuance of the docketing notice for discovery sought between the petitioner and OFA and from the proposed 30 days to 50 days after issuance of the docketing notice for discovery sought between a full intervenor and another party.

    One of the criteria for allowing discovery in proposed paragraph (b) is “[t]hat any trade secrets or proprietary information can be adequately safeguarded.” The phrase “trade secrets or proprietary information” has been changed to “confidential information.”

    § 4.1032 When must a party supplement or amend information?

    Because of the final rule's stricter limitations on discovery and the expectation that the use of discovery will be rare, proposed § 4.1032(a), addressing supplementation or amendment of discovery responses, has been deleted and the other paragraphs have been redesignated accordingly. For the same reason, the deadline for updating witness and exhibit lists has been changed from the proposed 10 days after the date set for completion of discovery to 15 days prior to the hearing date, unless otherwise ordered by the ALJ.

    § 4.1033 What are the requirements for written interrogatories?

    Proposed § 4.1033 pertains to written interrogatories. Because of the final rule's stricter limitations on discovery and the expectation that the use of discovery will be rare, proposed § 4.1033 has been eliminated and a new § 4.1033, pertaining to depositions for the purpose of preserving testimony, has been added.

    § 4.1033 Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?

    Proposed § 4.1031(h) contains criteria for the ALJ to authorize depositions for the purpose of preserving testimony. Proposed § 4.1034 contained a long delineation of procedures for those depositions. Section 4.1033 is a new, much shorter section pertaining to depositions for preserving testimony, and states that depositions for discovery purposes are governed by § 4.1031.

    This section incorporates the criteria in proposed § 4.1031(h) and the requirements for a motion and notice for a deposition in proposed § 4.1034(a). Both proposed § 4.1031(h) and proposed § 4.1034 have been eliminated.

    We have created a much shorter deposition section because we expect that depositions will be conducted rarely, given the new limits on the scope of the hearing record and on the persons who may testify. In the absence of the long delineation of procedures, the ALJ may customize the deposition procedures to serve justice while striving to keep case preparation moving forward in a timely manner.

    § 4.1034 What are the requirements for depositions?

    Proposed § 4.1034, containing a long delineation of procedures for depositions for preserving testimony, has been eliminated. A new § 4.1033 has been added, as explained in the immediately preceding paragraphs, to address depositions for preserving testimony.

    § 4.1034 What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?

    This new section is being added to establish procedures for obtaining protective orders limiting disclosure of information which is confidential or exempt by law from public disclosure. Under this section, a party or a prospective witness or deponent may file a motion requesting a protective order to limit from disclosure to other parties or to the public a document or testimony containing information which is confidential or exempt by law from public disclosure. Ordinarily, documents and testimony introduced into the public hearing process are presumed to be public so this section requires the movant to describe the information sought to be protected and explain, among other things, why it should not be disclosed and how disclosure would be harmful. In issuing a protective order, the ALJ may make any order which justice requires to protect the person, consistent with the mandatory public disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552(b), and other applicable law.

    § 4.1035 How can parties request documents, tangible things, or entry on land?

    Proposed § 4.1035 pertains to requests for the production of documents and other tangible things. Because of the final rule's stricter limitations on discovery and the expectation that the use of discovery will be rare, proposed § 4.1035 has been eliminated.

    § 4.1036 What sanctions may the judge impose for failure to comply with discovery?

    Proposed § 4.1036 delineates the circumstances under which the ALJ could impose sanctions and the types of sanctions imposable. The focus is on sanctions for failures relating to discovery. Because of the final rule's stricter limitations on discovery and the expectation that the use of discovery will be rare, proposed § 4.1036 has been eliminated. However, a shorter provision acknowledging the ALJ's power to impose sanctions has been added to § 4.1014.

    § 4.1035 What are the requirements for subpoenas and witness fees?

    Because of the elimination of proposed § 4.1035 and proposed § 4.1036, proposed § 4.1037 has been redesignated § 4.1035. Paragraph (a)(2) of this section has been reworded to clarify that a party may subpoena any OFA employee who participated in the preparation of the negative proposed finding, except if the employee is a senior Department employee, the party must show that certain conditions are met.

    A new paragraph (d)(3)(ii) has been added to this section because of the final rule's new limits on witnesses and the scope of admissible evidence. See §§ 4.1042 and 4.1046. That paragraph identifies the following as a justification for the ALJ to quash or modify a subpoena: The subpoena “[r]equires evidence beyond the limits on witnesses and evidence found in §§ 4.1042 and 4.1046.” Proposed paragraphs (d)(3)(ii) and (d)(3)(iii) have been redesignated as (d)(3)(iii) and (d)(3)(iv), respectively.

    § 4.1040 When and where will the hearing be held?

    Proposed § 4.1040 provides that the hearing would generally be held “within 20 days after the date for completion of discovery,” which would be approximately within 90 days after issuance of the docketing notice. Because of the final rule's stricter limitations on discovery and the expectation that the use of discovery will be rare, the quoted language has been changed to “within 90 days after the date DCHD issues the docketing notice under § 4.1020(a)(3).”

    With respect to where the hearing will be held, this section states that the ALJ “will consider the convenience of all parties, their representatives, and witnesses in setting the time and place for hearing.”

    § 4.1041 What are the parties' rights during the hearing?

    Proposed § 4.1041(b) provides that the petitioner would have the right to cross-examine OFA staff who participated in the preparation of the negative proposed finding. Because this provision might be interpreted as precluding other parties from cross-examining such staff, § 4.1041 has been reorganized and reworded to make clear that each party has the right to cross-examine such staff if called as a witness by another party.

    § 4.1042 What are the requirements for presenting testimony?

    Proposed § 4.1042 has been renamed and redesignated § 4.1043.

    § 4.1042 Who may testify?

    The final rule adds this section which limits the persons who may testify, except under extraordinary circumstances, to (1) persons who qualify as expert witnesses, and (2) OFA staff who participated in the preparation of the negative proposed finding.

    § 4.1043 What are the methods for testifying?

    Proposed § 4.1042 has been renamed and redesignated § 4.1043. The provisions in proposed § 4.1042 requiring the submittal of direct testimony in writing and detailing the requirements for written testimony have been eliminated. Proposed §§ 4.1042(c)(1) and (c)(2) contain minutiae for telephone testimony that are obvious matters of standard practice which have also been eliminated. The remainder of proposed § 4.1042 has been reorganized and reworded and incorporated into § 4.1043 without change in meaning.

    § 4.1044 How may a party use a deposition in the hearing?

    Proposed § 4.1043 has been redesignated § 4.1044.

    § 4.1045 What are the requirements for exhibits, official notice, and stipulations?

    Proposed § 4.1044 has been redesignated § 4.1045 and modified by adding paragraph (b) and redesignating the following paragraphs accordingly. Paragraph (b) recognizes the ALJ's authority, on his or her own initiative, to admit into evidence any document from OFA's administrative record, provided the parties are notified and given an opportunity to comment. This modification is consistent with the modification to § 4.1023, which explicitly recognizes the ALJ's authority to issue, after giving notice and a reasonable opportunity for the parties to respond, a recommended summary decision independent of a motion for recommended summary decision.

    Proposed paragraph (c), redesignated paragraph (d) in the final rule, would allow the ALJ, at the request of any party, to take official notice of certain matters, including public records of any Department party. The term “any Department party” derives from procedures governing hydropower hearings at 43 CFR 45.54(c), is confusing in its application to the hearing process under these Federal acknowledgment regulations, and would allow the taking of official notice of matters in OFA's administrative record. The better mechanism for admitting into evidence materials from OFA's administrative record is the parties offering them for admission at hearing. Therefore, the provision has been reworded to allow the ALJ to take official notice of public records of the “Department,” except materials in OFA's administrative record.

    § 4.1046 What evidence is admissible at the hearing?

    Proposed § 4.1045 has been redesignated § 4.1046 and modified to limit the scope of admissible evidence to documentation in OFA's administrative record, and testimony clarifying or explaining the information in that documentation, except if the party seeking to admit the information explains why the information was not submitted for inclusion in OFA's administrative record and demonstrates that extraordinary circumstances exist justifying admission of the information.

    § 4.1047 What are the requirements for transcription of the hearing?

    Proposed § 4.1046 has been redesignated § 4.1047 and states that the hearing must be transcribed verbatim. This section also states that transcripts will be presumed to be correct, and includes procedures for correcting a transcript.

    § 4.1048 What is the standard of proof?

    Proposed § 4.1047 has been redesignated § 4.1048. Proposed § 4.1047 attempted to clarify the meaning of the “reasonable likelihood” standard of proof found at 25 CFR 83.6(d). The final rule retains the current “reasonable likelihood” standard of proof and eliminates the proposed interpreting language.

    § 4.1049 When will the hearing record close?

    Proposed § 4.1048 has been redesignated § 4.1049 and modified to allow the ALJ to admit evidence after the close of the hearing record in accordance with the modification at § 4.1045(b)(1), which authorizes the ALJ to admit evidence on his or her own initiative. See § 4.1045.

    § 4.1050 What are the requirements for post-hearing briefs?

    Proposed § 4.1049 has been redesignated § 4.1050.

    § 4.1051 What are the requirements for the ALJ's recommended decision?

    Proposed § 4.1050 has been redesignated § 4.1051.

    IV. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563)

    Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant.

    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The E.O. directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.

    B. Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

    C. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. It will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The rule's requirements will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. Nor will this rule have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of the U.S.-based enterprises to compete with foreign-based enterprises because the rule is limited to Federal acknowledgment of Indian tribes.

    D. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

    E. Takings (E.O. 12630)

    Under the criteria in Executive Order 12630, this rule does not affect individual property rights protected by the Fifth Amendment nor does it involves a compensable “taking.” A takings implication assessment is therefore not required.

    F. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this rule has no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

    G. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. Specifically, this rule has been reviewed to eliminate errors and ambiguity and written to minimize litigation; and is written in clear language and contains clear legal standards.

    H. Consultation With Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments,” 59 FR 22951 (May 4, 1994), supplemented by Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 (Nov. 6, 2000), and 512 DM 2, the Department has assessed the impact of this rule on Tribal trust resources and has determined that it does not directly affect Tribal resources. The rules are procedural and administrative in nature. However, the Department has consulted with federally recognized Indian tribes regarding the companion proposed rule being published concurrently by the BIA. That rule is an outgrowth of the “Discussion Draft” of the Federal acknowledgment rule, which the Department distributed to federally recognized Indian tribes in June 2013, and on which the Department hosted five consultation sessions with federally recognized Indian tribes throughout the country in July and August 2013. Several federally recognized Indian tribes submitted written comments on that rule. The Department considered each tribe's comments and concerns and has addressed them, where possible. The Department will continue to consult on that rule during the public comment period and tribes are encouraged to provide feedback on this proposed rule during those sessions as well.

    I. Paperwork Reduction Act

    The information collection requirements are subject to an exception under 25 CFR part 1320 and therefore are not covered by the Paperwork Reduction Act.

    J. National Environmental Policy Act

    This rule does not constitute a major Federal action significantly affecting the quality of the human environment because it is of an administrative, technical, and procedural nature. See 43 CFR 46.210(i). No extraordinary circumstances exist that would require greater review under the National Environmental Policy Act.

    K. Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.

    List of Subjects in 43 CFR Part 4

    Administrative practice and procedure, Hearing procedures, Indians—tribal government.

    For the reasons stated in the preamble, the Department of the Interior, Office of the Secretary, amends part 4 of subtitle A in title 43 of the Code of Federal Regulations by adding subpart K to read as follows: Subpart K—Hearing Process Concerning Acknowledgment of American Indian Tribes Sec. General Provisions 4.1001 What terms are used in this subpart? 4.1002 What is the purpose of this subpart? 4.1003 Which general rules of procedure and practice apply? 4.1004 How are time periods computed? Representatives 4.1010 Who may represent a party, and what requirements apply to a representative? Document Filing and Service 4.1011 What are the form and content requirements for documents under this subpart? 4.1012 Where and how must documents be filed? 4.1013 How must documents be served? ALJ's Powers, Unavailability, Disqualification, and Communications 4.1014 What are the powers of the ALJ? 4.1015 What happens if the ALJ becomes unavailable? 4.1016 When can an ALJ be disqualified? 4.1017 Are ex parte communications allowed? Motions 4.1018 What are the requirements for motions? Prior Decisions 4.1019 How may a party submit prior Departmental final decisions? Hearing Process Docketing, Intervention, Prehearing Conferences, and Summary Decision 4.1020 What will DCHD do upon receiving the election of hearing from a petitioner? 4.1021 What are the requirements for motions for intervention and responses? 4.1022 How are prehearing conferences conducted? 4.1023 What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision? Information Disclosure 4.1030 What are the requirements for OFA's witness and exhibit list? 4.1031 Under what circumstances will the ALJ authorize a party to obtain discovery of information? 4.1032 When must a party supplement or amend information? 4.1033 Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony? 4.1034 What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure? 4.1035 What are the requirements for subpoenas and witness fees? Hearing, Briefing, and Recommended Decision 4.1040 When and where will the hearing be held? 4.1041 What are the parties' rights during the hearing? 4.1042 Who may testify? 4.1043 What are the methods for testifying? 4.1044 How may a party use a deposition in the hearing? 4.1045 What are the requirements for exhibits, official notice, and stipulations? 4.1046 What evidence is admissible at the hearing? 4.1047 What are the requirements for transcription of the hearing? 4.1048 What is the standard of proof? 4.1049 When will the hearing record close? 4.1050 What are the requirements for post-hearing briefs? 4.1051 What are the requirements for the ALJ's recommended decision? Authority:

    5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

    General Provisions
    § 4.1001 What terms are used in this subpart?

    As used in this subpart:

    ALJ means an administrative law judge in DCHD appointed under 5 U.S.C. 3105 and assigned to preside over the hearing process.

    Assistant Secretary means the Assistant Secretary—Indian Affairs within the Department of the Interior, or that officer's authorized representative, but does not include representatives of OFA.

    Day means a calendar day. Computation of time periods is discussed in § 4.1004.

    Department means the Department of the Interior, including the Assistant Secretary and OFA.

    DCHD means the Departmental Cases Hearings Division, Office of Hearings and Appeals, Department of the Interior.

    Discovery means a prehearing process for obtaining facts or information to assist a party in preparing or presenting its case.

    Ex parte communication means an oral or written communication to the ALJ that is made without providing all parties reasonable notice and an opportunity to participate.

    Full intervenor means a person granted leave by the ALJ to intervene as a full party under § 4.1021.

    Hearing process means the process by which DCDH handles a case forwarded to DCHD by OFA pursuant to 25 CFR 83.39(a), from receipt to issuance of a recommended decision as to whether the petitioner should be acknowledged as a federally recognized Indian tribe for purposes of federal law.

    OFA means the Office of Federal Acknowledgment within the Office of the Assistant Secretary—Indian Affairs, Department of the Interior.

    Party means the petitioner, OFA, or a full intervenor.

    Person means an individual; a partnership, corporation, association, or other legal entity; an unincorporated organization; and any federal, state, tribal, county, district, territorial, or local government or agency.

    Petitioner means an entity that has submitted a documented petition to OFA requesting Federal acknowledgment as a federally recognized Indian tribe under 25 CFR part 83 and has elected to have a hearing under 25 CFR 83.38.

    Representative means a person who:

    (1) Is authorized by a party to represent the party in a hearing process under this subpart; and

    (2) Has filed an appearance under § 4.1010.

    Secretary means the Secretary of the Interior or his or her designee.

    Senior Department employee has the same meaning as the term “senior employee” in 5 CFR 2641.104.

    § 4.1002 What is the purpose of this subpart?

    (a) The purpose of this subpart is to establish rules of practice and procedure for the hearing process available under 25 CFR 83.38(a)(1) and 83.39 to a petitioner for Federal acknowledgment that receives from OFA a negative proposed finding on Federal acknowledgment and elects to have a hearing before an ALJ. This subpart includes provisions governing prehearing conferences, discovery, motions, an evidentiary hearing, briefing, and issuance by the ALJ of a recommended decision on Federal acknowledgment for consideration by the Assistant Secretary—Indian Affairs (AS-IA).

    (b) This subpart will be construed and applied to each hearing process to achieve a just and speedy determination, consistent with adequate consideration of the issues involved.

    § 4.1003 Which rules of procedure and practice apply?

    (a) The rules which apply to the hearing process under this subpart are the provisions of §§ 4.1001 through 4.1051.

    (b) Notwithstanding the provisions of § 4.20, the general rules in subpart B of this part, do not apply to the hearing process, except as provided in § 4.1017(a).

    § 4.1004 How are time periods computed?

    (a) General. Time periods are computed as follows:

    (1) The day of the act or event from which the period begins to run is not included.

    (2) The last day of the period is included.

    (i) If that day is a Saturday, Sunday, or other day on which the Federal government is closed for business, the period is extended to the next business day.

    (ii) The last day of the period ends at 5 p.m. at the place where the filing or other action is due.

    (3) If the period is less than 7 days, any Saturday, Sunday, or other day on which the Federal government is closed for business that falls within the period is not included.

    (b) Extensions of time. (1) No extension of time can be granted to file a motion for intervention under § 4.1021.

    (2) An extension of time to file any other document under this subpart may be granted only upon a showing of good cause.

    (i) To request an extension of time, a party must file a motion under § 4.1018 stating how much additional time is needed and the reasons for the request.

    (ii) The party must file the motion before the applicable time period expires, unless the party demonstrates extraordinary circumstances that justify a delay in filing.

    (iii) The ALJ may grant the extension only if:

    (A) It would not unduly prejudice other parties; and

    (B) It would not delay the recommended decision under § 4.1051.

    Representatives
    § 4.1010 Who may represent a party, and what requirements apply to a representative?

    (a) Individuals. A party who is an individual may either act as his or her own representative in the hearing process under this subpart or authorize an attorney to act as his or her representative.

    (b) Organizations. A party that is an organization or other entity may authorize one of the following to act as its representative:

    (1) An attorney;

    (2) A partner, if the entity is a partnership;

    (3) An officer or full-time employee, if the entity is a corporation, association, or unincorporated organization;

    (4) A receiver, administrator, executor, or similar fiduciary, if the entity is a receivership, trust, or estate; or

    (5) An elected or appointed official or an employee, if the entity is a federal, state, tribal, county, district, territorial, or local government or component.

    (c) OFA. OFA's representative will be an attorney from the Office of the Solicitor.

    (d) Appearance. A representative must file a notice of appearance. The notice must:

    (1) Meet the form and content requirements for documents under § 4.1011;

    (2) Include the name and address of the person on whose behalf the appearance is made;

    (3) If the representative is an attorney (except for an attorney with the Office of the Solicitor), include a statement that he or she is a member in good standing of the bar of the highest court of a state, the District of Columbia, or any territory or commonwealth of the United States (identifying which one); and

    (4) If the representative is not an attorney, include a statement explaining his or her authority to represent the entity.

    (e) Disqualification. The ALJ may disqualify any representative for misconduct or other good cause.

    Document Filing and Service
    § 4.1011 What are the form and content requirements for documents under this subpart?

    (a) Form. Each document filed in a case under this subpart must:

    (1) Measure 8-1/2 by 11 inches, except that a table, chart, diagram, or other attachment may be larger if folded to 8-1/2 by 11 inches and attached to the document;

    (2) Be printed on just one side of the page;

    (3) Be clearly typewritten, printed, or otherwise reproduced by a process that yields legible and permanent copies;

    (4) Use 12-point font size or larger;

    (5) Be double-spaced except for footnotes and long quotations, which may be single-spaced;

    (6) Have margins of at least 1 inch; and

    (7) Be bound on the left side, if bound.

    (b) Caption. Each document must begin with a caption that includes:

    (1) The name of the case under this subpart and the docket number, if one has been assigned;

    (2) The name and docket number of the proceeding to which the case under this subpart relates; and

    (3) A descriptive title for the document, indicating the party for whom it is filed and the nature of the document.

    (c) Signature. The original of each document must be signed by the representative of the person for whom the document is filed. The signature constitutes a certification by the representative that:

    (1) He or she has read the document;

    (2) The statements in the document are true to the best of his or her knowledge, information, and belief; and

    (3) The document is not being filed for the purpose of causing delay.

    (d) Contact information. Below the representative's signature, the document must provide the representative's name, mailing address, street address (if different), telephone number, facsimile number (if any), and electronic mail address (if any).

    § 4.1012 Where and how must documents be filed?

    (a) Place of filing. Any documents relating to a case under this subpart must be filed with DCHD. DCHD's address, telephone number, and facsimile number are set forth at www.doi.gov/oha/dchd/index.cfm.

    (b) Method of filing. (1) Unless otherwise ordered by the ALJ, a document must be filed with DCHD using one of the following methods:

    (i) By hand delivery of the original document;

    (ii) By sending the original document by express mail or courier service for delivery on the next business day; or

    (iii) By sending the document by facsimile if:

    (A) The document is 20 pages or less, including all attachments;

    (B) The sending facsimile machine confirms that the transmission was successful; and

    (C) The original of the document is sent by regular mail on the same day.

    (2) Parties are encouraged, but not required, to supplement any filing by providing the appropriate office with an electronic copy of the document on compact disc.

    (c) Date of filing. A document under this subpart is considered filed on the date it is received. However, any document received by DCHD after 5 p.m. is considered filed on the next regular business day.

    (d) Nonconforming documents. If any document submitted for filing under this subpart does not comply with the requirements of this subpart or any applicable order, it may be rejected. If the defect is minor, the filer may be notified of the defect and given a chance to correct it.

    § 4.1013 How must documents be served?

    (a) Filed documents. Any document related to a case under this subpart must be served at the same time the document is delivered or sent for filing. Copies must be served on each party, using one of the methods of service in paragraph (c) of this section.

    (b) Documents issued by DCHD or the ALJ. A complete copy of any notice, order, recommended decision, or other document issued by DCHD or the ALJ under this subpart must be served on each party, using one of the methods of service in paragraph (c) of this section.

    (c) Method of service. Unless otherwise ordered by the ALJ, service must be accomplished by one of the following methods:

    (1) By hand delivery of the document;

    (2) By sending the document by express mail or courier service for delivery on the next business day; or

    (3) By sending the document by facsimile if:

    (i) The document is 20 pages or less, including all attachments;

    (ii) The sending facsimile machine confirms that the transmission was successful; and

    (iii) The document is sent by regular mail on the same day.

    (d) Certificate of service. A certificate of service must be attached to each document filed under this subpart. The certificate must be signed by the serving party's representative and include the following information:

    (1) The name, address, and other contact information of each party's representative on whom the document was served;

    (2) The means of service, including information indicating compliance with paragraph (c)(3) or (4) of this section, if applicable; and

    (3) The date of service.

    ALJ's Powers, Unavailability, Disqualification, and Communications
    § 4.1014 What are the powers of the ALJ?

    The ALJ has all powers necessary to conduct the hearing process in a fair, orderly, expeditious, and impartial manner, including the powers to:

    (a) Administer oaths and affirmations;

    (b) Issue subpoenas to the extent authorized by law;

    (c) Rule on motions;

    (d) Authorize discovery under exceptional circumstances as provided in this subpart;

    (e) Hold hearings and conferences;

    (f) Regulate the course of hearings;

    (g) Call and question witnesses;

    (h) Exclude any person from a hearing or conference for misconduct or other good cause;

    (i) Impose non-monetary sanctions for a person's failure to comply with an ALJ order or provision of this subpart;

    (j) Issue a recommended decision; and

    (k) Take any other action authorized by law.

    § 4.1015 What happens if the ALJ becomes unavailable?

    (a) If the ALJ becomes unavailable or otherwise unable to perform the duties described in § 4.1014, DCHD will designate a successor.

    (b) If a hearing has commenced and the ALJ cannot proceed with it, a successor ALJ may do so. At the request of a party, the successor ALJ may recall any witness whose testimony is material and disputed, and who is available to testify again without undue burden. The successor ALJ may, within his or her discretion, recall any other witness.

    § 4.1016 When can an ALJ be disqualified?

    (a) The ALJ may withdraw from a case at any time the ALJ deems himself or herself disqualified.

    (b) At any time before issuance of the ALJ's recommended decision, any party may move that the ALJ disqualify himself or herself for personal bias or other valid cause.

    (1) The party must file the motion promptly after discovering facts or other reasons allegedly constituting cause for disqualification.

    (2) The party must file with the motion an affidavit or declaration setting forth the facts or other reasons in detail.

    (c) The ALJ must rule upon the motion, stating the grounds for the ruling.

    (1) If the ALJ concludes that the motion is timely and meritorious, he or she must disqualify himself or herself and withdraw from the case.

    (2) If the ALJ does not disqualify himself or herself and withdraw from the case, the ALJ must continue with the hearing process and issue a recommended decision.

    § 4.1017 Are ex parte communications allowed?

    (a) Ex parte communications with the ALJ or his or her staff are prohibited in accordance with § 4.27(b).

    (b) This section does not prohibit ex parte inquiries concerning case status or procedural requirements, unless the inquiry involves an area of controversy in the hearing process.

    Motions
    § 4.1018 What are the requirements for motions?

    (a) General. Any party may apply for an order or ruling on any matter related to the hearing process by presenting a motion to the ALJ. A motion may be presented any time after DCHD issues the docketing notice.

    (1) A motion made at a hearing may be stated orally on the record, unless the ALJ directs that it be written.

    (2) Any other motion must:

    (i) Be in writing;

    (ii) Comply with the requirements of this subpart with respect to form, content, filing, and service; and

    (iii) Not exceed 10 pages, unless the ALJ orders otherwise.

    (b) Content. (1) Each motion must state clearly and concisely:

    (i) Its purpose and the relief sought;

    (ii) The facts constituting the grounds for the relief sought; and

    (iii) Any applicable statutory or regulatory authority.

    (2) A proposed order must accompany the motion.

    (c) Response. Except as otherwise required by this subpart or by order of the ALJ, any other party may file a response to a written motion within 14 days after service of the motion. When a party presents a motion at a hearing, any other party may present a response orally on the record.

    (d) Reply. Unless the ALJ orders otherwise, no reply to a response may be filed.

    (e) Effect of filing. Unless the ALJ orders otherwise, the filing of a motion does not stay the hearing process.

    (f) Ruling. The ALJ will rule on the motion as soon as feasible, either orally on the record or in writing. The ALJ may summarily deny any dilatory, repetitive, or frivolous motion.

    Prior Decisions
    § 4.1019 How may a party submit prior Departmental final decisions?

    A party may submit as an appendix to a motion, brief, or other filing a prior Departmental final decision in support of a finding that the evidence or methodology is sufficient to satisfy one or more criteria for Federal acknowledgment of the petitioner because the Department found that evidence or methodology sufficient to satisfy the same criteria in the prior decision.

    Hearing Process Docketing, Intervention, Prehearing Conferences, and Summary Decision
    § 4.1020 What will DCHD do upon receiving the election of hearing from a petitioner?

    Within 5 days after petitioner files its election of hearing under 25 CFR 83.38(a), the actions required by this section must be taken.

    (a) DCHD must:

    (1) Docket the case;

    (2) Assign an ALJ to preside over the hearing process and issue a recommended decision; and

    (3) Issue a docketing notice that informs the parties of the docket number and the ALJ assigned to the case.

    (b) The ALJ assigned under paragraph (a)(2) of this section must issue a notice setting the time, place, and method for conducting an initial prehearing conference under § 4.1022(a). This notice may be combined with the docketing notice under paragraph (a)(3) of this section.

    § 4.1021 What are the requirements for motions for intervention and responses?

    (a) General. A person may file a motion for intervention within 30 days after OFA issues the notice of the election of hearing under 25 CFR 83.39(a)(1).

    (b) Content of the motion. The motion for intervention must contain the following:

    (1) A statement setting forth the interest of the person and, if the person seeks intervention under paragraph (d) of this section, a showing of why that interest may be adversely affected by the final determination of the Assistant Secretary under 25 CFR 83.43;

    (2) An explanation of the person's position with respect to the issues of law and issues of material fact raised in the election of hearing in no more than five pages; and

    (3) A list of the witnesses and exhibits the person intends to present at the hearing, other than solely for impeachment purposes, including:

    (i) For each witness listed, his or her name, address, telephone number, and qualifications and a brief narrative summary of his or her expected testimony; and

    (ii) For each exhibit listed, a statement specifying where the exhibit is located in the administrative record reviewed by OFA.

    (c) Timing of response to a motion. Any response to a motion for intervention must be filed by a party within 7 days after service of the motion.

    (d) Intervention of right. The ALJ will grant intervention where the person has an interest that may be adversely affected by the Assistant Secretary's final determination under 25 CFR 83.43.

    (e) Permissive intervention. If paragraph (d) of this section does not apply, the ALJ will consider the following in determining whether intervention is appropriate:

    (1) The nature of the issues;

    (2) The adequacy of representation of the person's interest which is provided by the existing parties to the proceeding; and

    (3) The ability of the person to present relevant evidence and argument.

    (f) How an intervenor may participate. (1) A person granted leave to intervene under paragraph (d) of this section may participate as a full party or in a capacity less than that of a full party.

    (2) If the intervenor wishes to participate in a limited capacity or if the intervenor is granted leave to intervene under paragraph (e) of this section, the extent and the terms of the participation will be determined by the ALJ.

    (3) An intervenor may not raise issues of law or issues of material fact beyond those raised in the election of hearing under 25 CFR 83.38(a)(1).

    § 4.1022 How are prehearing conferences conducted?

    (a) Initial prehearing conference. The ALJ will conduct an initial prehearing conference with the parties at the time specified in the docketing notice under § 4.1020, within 55 days after issuance of the docketing notice.

    (1) The initial prehearing conference will be used:

    (i) To identify, narrow, and clarify the disputed issues of material fact and exclude issues that do not qualify for review as factual, material, and disputed;

    (ii) To discuss the evidence on which each party intends to rely at the hearing; and

    (iii) To set the date, time, and place of the hearing.

    (2) The initial prehearing conference may also be used:

    (i) To discuss limiting and grouping witnesses to avoid duplication;

    (ii) To discuss stipulations of fact and of the content and authenticity of documents;

    (iii) To consider requests that the ALJ take official notice of public records or other matters;

    (iv) To discuss pending or anticipated motions, if any; and

    (v) To consider any other matters that may aid in the disposition of the case.

    (b) Other conferences. The ALJ may direct the parties to attend one or more other prehearing conferences, if consistent with the need to complete the hearing process within 180 days. Any party may by motion request a conference.

    (c) Notice. The ALJ must give the parties reasonable notice of the time and place of any conference.

    (d) Method. A conference will ordinarily be held by telephone, unless the ALJ orders otherwise.

    (e) Representatives' preparation and authority. Each party's representative must be fully prepared during the prehearing conference for a discussion of all procedural and substantive issues properly raised. The representative must be authorized to commit the party that he or she represents respecting those issues.

    (f) Parties' meeting. Before the initial prehearing conference, the parties' representatives must make a good faith effort:

    (1) To meet in person, by telephone, or by other appropriate means; and

    (2) To reach agreement on the schedule of remaining steps in the hearing process.

    (g) Failure to attend. Unless the ALJ orders otherwise, a party that fails to attend or participate in a conference, after being served with reasonable notice of its time and place, waives all objections to any agreements reached in the conference and to any consequent orders or rulings.

    (h) Scope. During a conference, the ALJ may dispose of any procedural matters related to the case.

    (i) Order. Within 3 days after the conclusion of each conference, the ALJ must issue an order that recites any agreements reached at the conference and any rulings made by the ALJ during or as a result of the conference.

    § 4.1023 What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?

    (a) Motion for recommended summary decision or partial recommended summary decision. A party may move for a recommended summary decision, identifying each issue on which summary decision is sought. The ALJ may issue a recommended summary decision if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a recommended decision as a matter of law. The ALJ should state on the record the reasons for granting or denying the motion.

    (b) Time to file a motion. Except as otherwise ordered by the ALJ, a party may file a motion for recommended summary decision on all or part of the proceeding at any time after DCHD issues a docketing notice under § 4.1020.

    (c) Procedures—(1) Supporting factual positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:

    (i) Citing to particular parts of materials in the hearing process record, including affidavits or declarations, stipulations (including those made for purposes of the motion only), or other materials; or

    (ii) Showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

    (2) Objection that a fact is not supported by admissible evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence.

    (3) Materials not cited. The ALJ need consider only the cited materials, but the ALJ may consider other materials in the hearing process record.

    (4) Affidavits or declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.

    (d) When facts are unavailable to the nonmovant. If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the ALJ may:

    (1) Defer considering the motion or deny it;

    (2) Allow time to obtain affidavits or declarations or, under extraordinary circumstances, to take discovery; or

    (3) Issue any other appropriate order.

    (e) Failing to properly support or address a fact. If a party fails to properly support an assertion of fact or fails to properly address another party's assertion of fact as required by paragraph (c) of this section, the ALJ may:

    (1) Give an opportunity to properly support or address the fact;

    (2) Consider the fact undisputed for purposes of the motion;

    (3) Issue a recommended summary decision if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or

    (4) Issue any other appropriate order.

    (f) Issuing a recommended summary decision independent of the motion. After giving notice and a reasonable time to respond, the ALJ may:

    (1) Issue a recommended summary decision for a nonmovant;

    (2) Grant a motion for recommended summary decision on grounds not raised by a party; or

    (3) Consider issuing a recommended summary decision on his or her own after identifying for the parties material facts that may not be genuinely in dispute.

    (g) Failing to grant all the requested relief. If the ALJ does not grant all the relief requested by the motion, the ALJ may enter an order stating any material fact that is not genuinely in dispute and treating the fact as established in the case.

    Information Disclosure
    § 4.1030 What are the requirements for OFA's witness and exhibit list?

    Within 14 days after OFA issues the notice of the election of hearing under 25 CFR 83.39(a)(1), OFA must file a list of the witnesses and exhibits it intends to present at the hearing, other than solely for impeachment purposes, including:

    (a) For each witness listed, his or her name, address, telephone number, qualifications, and a brief narrative summary of his or her expected testimony; and

    (b) For each exhibit listed, a statement specifying where the exhibit is in the administrative record reviewed by OFA.

    § 4.1031 Under what circumstances will the ALJ authorize a party to obtain discovery of information?

    (a) General. A party may obtain discovery of information to assist in preparing or presenting its case only if the ALJ determines that the party has met the criteria set forth in paragraph (b) of this section and authorizes the discovery in a written order or during a prehearing conference. Available methods of discovery are:

    (1) Written interrogatories;

    (2) Depositions; and

    (3) Requests for production of designated documents or tangible things or for entry on designated land for inspection or other purposes.

    (b) Criteria. The ALJ may authorize discovery only under extraordinary circumstances and if the party requesting discovery demonstrates:

    (1) That the discovery will not unreasonably delay the hearing process;

    (2) That the scope of the discovery is not unduly burdensome;

    (3) That the method to be used is the least burdensome method available;

    (4) That any confidential information can be adequately safeguarded; and

    (5) That the information sought:

    (i) Will be admissible at the hearing or appears reasonably calculated to lead to the discovery of admissible evidence;

    (ii) Is not otherwise obtainable by the party;

    (iii) Is not cumulative or repetitious; and

    (iv) Is not privileged or protected from disclosure by applicable law.

    (c) Motions. A party seeking the ALJ's authorization for discovery must file a motion that:

    (1) Briefly describes the proposed methodology, purpose, and scope of the discovery;

    (2) Explains how the discovery meets the criteria in paragraph (b) of this section; and

    (3) Attaches a copy of any proposed discovery request (written interrogatories, notice of deposition, or request for production of designated documents or tangible things or for entry on designated land).

    (d) Timing of motions. Any discovery motion under paragraph (c) of this section must be filed:

    (1) Within 30 days after issuance of the docketing notice under § 4.1020 if the discovery sought is between the petitioner and OFA; and

    (2) Within 50 days after issuance of the docketing notice under § 4.1020 if the discovery sought is between a full intervenor and another party.

    (e) Objections. (1) A party must file any objections to a discovery motion or to specific portions of a proposed discovery request within 10 days after service of the motion.

    (2) An objection must explain how, in the objecting party's view, the discovery sought does not meet the criteria in paragraph (b) of this section.

    § 4.1032 When must a party supplement or amend information?

    (a) Witnesses and exhibits. (1) Each party must file an updated version of the list of witnesses and exhibits required under 25 CFR 83.38(a)(2), § 4.1021(b)(3), or § 4.1030 by no later than 15 days prior to the hearing date, unless otherwise ordered by the ALJ.

    (2) If a party wishes to include any new witness or exhibit on its updated list, it must provide an explanation of why it was not feasible for the party to include the witness or exhibit on its list under 25 CFR 83.38(a)(2), § 4.1021(b)(3), or § 4.1030.

    (b) Failure to disclose. (1) A party that fails to disclose information required under 25 CFR 83.38(a)(2), § 4.1021(b)(3), § 4.1030, or paragraph (a)(1) of this section will not be permitted to introduce as evidence at the hearing testimony from a witness or other information that it failed to disclose.

    (2) Paragraph (b)(1) of this section does not apply if the failure to disclose was substantially justified or is harmless.

    (3) Before or during the hearing, a party may object under paragraph (b)(1) of this section to the admission of evidence.

    (4) The ALJ will consider the following in determining whether to exclude evidence under paragraphs (b)(1) through (3) of this section:

    (i) The prejudice to the objecting party;

    (ii) The ability of the objecting party to cure any prejudice;

    (iii) The extent to which presentation of the evidence would disrupt the orderly and efficient hearing of the case;

    (iv) The importance of the evidence; and

    (v) The reason for the failure to disclose, including any bad faith or willfulness regarding the failure.

    § 4.1033 Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?

    (a) General. A party may depose a witness to preserve testimony only if the ALJ determines that the party has met the criteria set forth in paragraph (b) of this section and authorizes the deposition in a written order or during a prehearing conference. Authorization of depositions for discovery purposes is governed by § 4.1031.

    (b) Criteria. (1) The ALJ may authorize a deposition to preserve testimony only if the party shows that the witness:

    (i) Will be unable to attend the hearing because of age, illness, or other incapacity; or

    (ii) Is unwilling to attend the hearing voluntarily, and the party is unable to compel the witness's attendance at the hearing by subpoena.

    (2) Paragraph (b)(1)(ii) of this section does not apply to any person employed by or under contract with the party seeking the deposition.

    (3) A party may depose a senior Department employee of OFA only if the party shows:

    (i) That the employee's testimony is necessary in order to provide significant, unprivileged information that is not available from any other source or by less burdensome means; and

    (ii) That the deposition would not significantly interfere with the employee's ability to perform his or her official duties.

    (c) Motion and notice. A party seeking the ALJ's authorization to take a deposition to preserve testimony must file a motion which explains how the criteria in paragraph (b) of this section have been met and states:

    (1) The time and place that the deposition is to be taken;

    (2) The name and address of the person before whom the deposition is to be taken;

    (3) The name and address of the witness whose deposition is to be taken; and

    (4) Any documents or materials that the witness is to produce.

    § 4.1034 What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?

    (a) A party or a prospective witness or deponent may file a motion requesting a protective order to limit from disclosure to other parties or to the public a document or testimony containing information which is confidential or exempt by law from public disclosure.

    (b) In the motion the person must describe the information sought to be protected from disclosure and explain in detail:

    (1) Why the information is confidential or exempt by law from public disclosure;

    (2) Why disclosure of the information would adversely affect the person; and

    (3) Why disclosure is not required in the public interest.

    (c) If the person seeks non-disclosure of information in a document:

    (1) The motion must include a copy of the document with the confidential information deleted. If it is not practicable to submit such a copy of the document because deletion of the information would render the document unintelligible, a description of the document may be substituted.

    (2) The ALJ may require the person to file a sealed copy of the document for in camera inspection.

    (d) Ordinarily, documents and testimony introduced into the public hearing process are presumed to be public. In issuing a protective order, the ALJ may make any order which justice requires to protect the person, consistent with the mandatory public disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552(b), and other applicable law.

    § 4.1035 What are the requirements for subpoenas and witness fees?

    (a) Request for subpoena. (1) Except as provided in paragraph (a)(2) of this section, any party may file a motion requesting the ALJ to issue a subpoena to the extent authorized by law for the attendance of a person, the giving of testimony, or the production of documents or other relevant evidence during discovery or for the hearing.

    (2) A party may subpoena an OFA employee if the employee participated in the preparation of the negative proposed finding, except that if the OFA employee is a senior Department employee, the party must show:

    (i) That the employee's testimony is necessary in order to provide significant, unprivileged information that is not available from any other source or by less burdensome means; and

    (ii) That the employee's attendance would not significantly interfere with the ability to perform his or her government duties.

    (b) Service. (1) A subpoena may be served by any person who is not a party and is 18 years of age or older.

    (2) Service must be made by hand delivering a copy of the subpoena to the person named therein.

    (3) The person serving the subpoena must:

    (i) Prepare a certificate of service setting forth the date, time, and manner of service or the reason for any failure of service; and

    (ii) Swear to or affirm the certificate, attach it to a copy of the subpoena, and return it to the party on whose behalf the subpoena was served.

    (c) Witness fees. (1) A party who subpoenas a witness who is not a party must pay him or her the same fees and mileage expenses that are paid witnesses in the district courts of the United States.

    (2) A witness who is not a party and who attends a deposition or hearing at the request of any party without having been subpoenaed to do so is entitled to the same fees and mileage expenses as if he or she had been subpoenaed. However, this paragraph does not apply to federal employees who are called as witnesses by OFA.

    (d) Motion to quash. (1) A person to whom a subpoena is directed may request by motion that the ALJ quash or modify the subpoena.

    (2) The motion must be filed:

    (i) Within 5 days after service of the subpoena; or

    (ii) At or before the time specified in the subpoena for compliance, if that is less than 5 days after service of the subpoena.

    (3) The ALJ may quash or modify the subpoena if it:

    (i) Is unreasonable;

    (ii) Requires evidence beyond the limits on witnesses and evidence found in §§ 4.1042 and 4.1046;

    (iii) Requires evidence during discovery that is not discoverable; or

    (iv) Requires evidence during a hearing that is privileged or irrelevant.

    (e) Enforcement. For good cause shown, the ALJ may apply to the appropriate United States District Court for the issuance of an order compelling the appearance and testimony of a witness or the production of evidence as set forth in a subpoena that has been duly issued and served.

    Hearing, Briefing, and Recommended Decision
    § 4.1040 When and where will the hearing be held?

    (a) Time and place. (1) Except as provided in paragraph (b) of this section, the hearing will be held at the time and place set at the initial prehearing conference under § 4.1022(a)(1)(iii), generally within 90 days after the date DCHD issues the docketing notice under § 4.1020(a)(3).

    (2) The ALJ will consider the convenience of all parties, their representatives, and witnesses in setting the time and place for hearing.

    (b) Change. On motion by a party or on the ALJ's initiative, the ALJ may change the date, time, or place of the hearing if he or she finds:

    (1) That there is good cause for the change; and

    (2) That the change will not unduly prejudice the parties and witnesses.

    § 4.1041 What are the parties' rights during the hearing?

    Consistent with the provisions of this subpart, and as necessary to ensure full and accurate disclosure of the facts, each party may exercise the following rights during the hearing:

    (a) Present direct and rebuttal evidence;

    (b) Make objections, motions, and arguments; and

    (c) Cross-examine witnesses, including OFA staff, and conduct re-direct and re-cross examination as permitted by the ALJ.

    § 4.1042 Who may testify?

    (a) Except as provided in paragraph (b) of this section, each party may present as witnesses the following persons only:

    (1) Persons who qualify as expert witnesses; and

    (2) OFA staff who participated in the preparation of the negative proposed finding, except that if the OFA employee is a senior Department employee, any party other than OFA must first obtain a subpoena for that employee under § 4.1035.

    (b) The ALJ may authorize testimony from witnesses in addition to those identified in paragraph (a) of this section only under extraordinary circumstances.

    § 4.1043 What are the methods for testifying?

    Oral examination of a witness in a hearing, including on cross-examination or redirect, must be conducted under oath with an opportunity for all parties to question the witness. The witness must testify in the presence of the ALJ unless the ALJ authorizes the witness to testify by telephonic conference call. The ALJ may issue a subpoena under § 4.1035 directing a witness to testify by telephonic conference call.

    § 4.1044 How may a party use a deposition in the hearing?

    (a) In general. Subject to the provisions of this section, a party may use in the hearing any part or all of a deposition taken against any party who:

    (1) Was present or represented at the taking of the deposition; or

    (2) Had reasonable notice of the taking of the deposition.

    (b) Admissibility. (1) No part of a deposition will be included in the hearing record, unless received in evidence by the judge.

    (2) The judge will exclude from evidence any question and response to which an objection:

    (i) Was noted at the taking of the deposition; and

    (ii) Would have been sustained if the witness had been personally present and testifying at a hearing.

    (3) If a party offers only part of a deposition in evidence:

    (i) An adverse party may require the party to introduce any other part that ought in fairness to be considered with the part introduced; and

    (ii) Any other party may introduce any other parts.

    (c) Video-recorded deposition. If the deposition was video recorded and is admitted into evidence, relevant portions will be played during the hearing and transcribed into the record by the reporter.

    § 4.1045 What are the requirements for exhibits, official notice, and stipulations?

    (a) General. (1) Except as provided in paragraphs (d) and (e) of this section, any material offered in evidence, other than oral testimony, must be offered in the form of an exhibit.

    (2) Each exhibit offered by a party must be marked for identification.

    (3) Any party who seeks to have an exhibit admitted into evidence must provide:

    (i) The original of the exhibit to the reporter, unless the ALJ permits the substitution of a copy; and

    (ii) A copy of the exhibit to the ALJ.

    (b) ALJ exhibits. (1) At any time prior to issuance of the recommended decision, the ALJ, on his or her own initiative, may admit into evidence as an exhibit any document from the administrative record reviewed by OFA.

    (2) If the ALJ admits a document under paragraph (b)(1) of this section, the ALJ must notify the parties and give them a brief opportunity to submit comments on the document.

    (c) Material not offered. If a document offered as an exhibit contains material not offered as evidence:

    (1) The party offering the exhibit must:

    (i) Designate the matter offered as evidence;

    (ii) Segregate and exclude the material not offered in evidence, to the extent feasible; and

    (iii) Provide copies of the entire document to the other parties appearing at the hearing.

    (2) The ALJ must give the other parties an opportunity to inspect the entire document and offer in evidence any other portions of the document.

    (d) Official notice. (1) At the request of any party at the hearing, the ALJ may take official notice of any matter of which the courts of the United States may take judicial notice, including the public records of the Department, except materials in the administrative record reviewed by OFA.

    (2) The ALJ must give the other parties appearing at the hearing an opportunity to show the contrary of an officially noticed fact.

    (3) Any party requesting official notice of a fact after the conclusion of the hearing must show good cause for its failure to request official notice during the hearing.

    (e) Stipulations. (1) The parties may stipulate to any relevant facts or to the authenticity of any relevant documents.

    (2) If received in evidence at the hearing, a stipulation is binding on the stipulating parties.

    (3) A stipulation may be written or made orally at the hearing.

    § 4.1046 What evidence is admissible at the hearing?

    (a) Scope of evidence. (1) The ALJ may admit as evidence only documentation in the administrative record reviewed by OFA, including comments on OFA's proposed finding and petitioner's responses to those comments, and testimony clarifying or explaining the information in that documentation, except as provided in paragraph (a)(2) of this section.

    (2) The ALJ may admit information outside the scope of paragraph (a)(1) of this section only if the party seeking to admit the information explains why the information was not submitted for inclusion in the administrative record reviewed by OFA and demonstrates that extraordinary circumstances exist justifying admission of the information.

    (3) Subject to the provisions of § 4.1032(b) and paragraphs (a)(1) and (2) of this section, the ALJ may admit any written, oral, documentary, or demonstrative evidence that is:

    (i) Relevant, reliable, and probative; and

    (ii) Not privileged or unduly repetitious or cumulative.

    (b) General. (1) The ALJ may exclude evidence if its probative value is substantially outweighed by the risk of undue prejudice, confusion of the issues, or delay.

    (2) Hearsay evidence is admissible. The ALJ may consider the fact that evidence is hearsay when determining its probative value.

    (3) The Federal Rules of Evidence do not directly apply to the hearing, but may be used as guidance by the ALJ and the parties in interpreting and applying the provisions of this section.

    (c) Objections. Any party objecting to the admission or exclusion of evidence shall concisely state the grounds. A ruling on every objection must appear in the record.

    § 4.1047 What are the requirements for transcription of the hearing?

    (a) Transcript and reporter's fees. The hearing must be transcribed verbatim.

    (1) DCHD will secure the services of a reporter and pay the reporter's fees to provide an original transcript to DCHD on an expedited basis.

    (2) Each party must pay the reporter for any copies of the transcript obtained by that party.

    (b) Transcript corrections. (1) Any party may file a motion proposing corrections to the transcript. The motion must be filed within 5 days after receipt of the transcript, unless the ALJ sets a different deadline.

    (2) Unless a party files a timely motion under paragraph (b)(1) of this section, the transcript will be presumed to be correct and complete, except for obvious typographical errors.

    (3) As soon as feasible after the close of the hearing and after consideration of any motions filed under paragraph (b)(1) of this section, the ALJ will issue an order making any corrections to the transcript that the ALJ finds are warranted.

    § 4.1048 What is the standard of proof?

    The ALJ will consider a criterion to be met if the evidence establishes a reasonable likelihood of the validity of the facts related to the criteria. Conclusive proof of the facts relating to a criterion shall not be required in order for the criterion to be considered met.

    § 4.1049 When will the hearing record close?

    (a) The hearing record will close when the ALJ closes the hearing, unless he or she directs otherwise.

    (b) Except as provided in § 4.1045(b)(1), evidence may not be added after the hearing record is closed, but the transcript may be corrected under § 4.1047(b).

    § 4.1050 What are the requirements for post-hearing briefs?

    (a) General. (1) Each party may file a post-hearing brief within 20 days after the close of the hearing, unless the ALJ sets a different deadline.

    (2) A party may file a reply brief only if requested by the ALJ. The deadline for filing a reply brief, if any, will be set by the ALJ.

    (3) The ALJ may limit the length of the briefs to be filed under this section.

    (b) Content. (1) An initial brief must include:

    (i) A concise statement of the case;

    (ii) A separate section containing proposed findings regarding the issues of material fact, with supporting citations to the hearing record;

    (iii) Arguments in support of the party's position; and

    (iv) Any other matter required by the ALJ.

    (2) A reply brief, if requested by the ALJ, must be limited to any issues identified by the ALJ.

    (c) Form. (1) An exhibit admitted into evidence or marked for identification in the record may not be reproduced in the brief.

    (i) Such an exhibit may be reproduced, within reasonable limits, in an appendix to the brief.

    (ii) Any pertinent analysis of an exhibit may be included in a brief.

    (2) If a brief exceeds 30 pages, it must contain:

    (i) A table of contents and of points made, with page references; and

    (ii) An alphabetical list of citations to legal authority, with page references.

    § 4.1051 What are the requirements for the ALJ's recommended decision?

    (a) Timing. The ALJ must issue a recommended decision within 180 days after issuance of the docketing notice under § 4.1020(a)(3), unless the ALJ issues an order finding good cause to issue the recommended decision at a later date.

    (b) Content. (1) The recommended decision must contain all of the following:

    (i) Recommended findings of fact on all disputed issues of material fact;

    (ii) Recommended conclusions of law:

    (A) Necessary to make the findings of fact (such as rulings on materiality and on the admissibility of evidence); and

    (B) As to whether the applicable criteria for Federal acknowledgment have been met; and

    (iii) Reasons for the findings and conclusions.

    (2) The ALJ may adopt any of the findings of fact proposed by one or more of the parties.

    (c) Service. Promptly after issuing a recommended decision, the ALJ must:

    (1) Serve the recommended decision on each party to the hearing process; and

    (2) Forward the complete hearing record to the Assistant Secretary—Indian Affairs, including the recommended decision.

    Dated: August 3, 2015. Kristen J. Sarri, Principal Deputy Assistant Secretary for Policy Management & Budget.
    [FR Doc. 2015-19612 Filed 8-12-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 140918791-4999-02] RIN 0648-XE099 Fisheries of the Economic Exclusive Zone Off Alaska; Groundfish Fishery by Non-Rockfish Program Catcher Vessels Using Trawl Gear in the Western and Central Regulatory Area of the Gulf of Alaska AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; modification of closure.

    SUMMARY:

    NMFS is opening directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the Gulf of Alaska (GOA). This action is necessary to fully use the 2015 groundfish total allowable catch available for non-Rockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), August 10, 2015, through 2400 hours, A.l.t., December 31, 2015. Comments must be received at the following address no later than 4:30 p.m., A.l.t., August 25, 2015.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2014-0118, by any of the following methods:

    • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0118, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    • Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

    FOR FURTHER INFORMATION CONTACT:

    Mary Furuness, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    NMFS prohibited directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the GOA, effective 1200 hours, A.l.t., May 3, 2015 (May 6, 2015, 80 FR 25967) under § 679.21(i)(7)(i).

    On August 10, 2015, NMFS published an emergency rule (80 FR 47864, August 10, 2015) establishing a Chinook salmon prohibited species catch (PSC) limit of 1,600 for non-Rockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA that is available from August 10, 2015 until December 31, 2015 (§ 679.21(i)(8)). Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2015 groundfish total allowable catch available for non-Rockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA, NMFS is terminating the previous closure and is opening directed fishing for non-Rockfish Program catcher vessels directed fishing for groundfish, other than pollock, using trawl gear in the Western and Central Regulatory Areas of the GOA.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay opening directed fishing for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 7, 2015.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    Without this inseason adjustment, NMFS could not allow the fishery for groundfish, other than pollock, by non-Rockfish Program catcher vessels using trawl gear in the Western and Central Regulatory Areas of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until August 25, 2015.

    This action is required by §§ 679.20, 679.21, and 679.25 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 10, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-19926 Filed 8-10-15; 4:15 pm] BILLING CODE 3510-22-P
    80 156 Thursday, August 13, 2015 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1389; Airspace Docket No. 13-ASW-8] Proposed Establishment of Class E Airspace; Vidalia, LA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace at Vidalia, LA. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures at Concordia Parish Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before September 28, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2015-1389/Airspace Docket No. 13-ASW-8, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-7740.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish Class E airspace at Concordia Parish Airport, Vidalia, LA.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-1389/Airspace Docket No. 13-ASW-8.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Concordia Parish Airport, Vidalia, LA, with a segment extending 9 miles south to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

    Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal.

    Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ASW LA E5 Vidalia, LA [New] Concordia Parish Airport, LA (Lat. 31°33′43″ N., long. 91°30′23″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Concordia Parish Airport, and within 2 miles each side of the 174° bearing from the airport extending from the 7.7 mile radius to 9 miles south of the airport.

    Issued in Fort Worth, TX, on July 28, 2015. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2015-19146 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-1833; Airspace Docket No. 15-ASW-7] Proposed Establishment of Class E Airspace; Marshall, AR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace at Marshall, AR. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures at Concordia Parish Airport. The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before September 28, 2015.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2015-1833/Airspace Docket No. 15-ASW-7, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-7740.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish Class E airspace at Searcy County Airport, Marshall, AR.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-1833/Airspace Docket No. 15-ASW-7.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014. FAA Order 7400.9Y is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within an 11.2-mile radius of Searcy County Airport, Marshall, AR, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

    Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9Y, dated August 6, 2014, and effective September 15, 2014, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal.

    Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth ASW AR E5 Marshall, AR [New] Searcy County Airport, AR (Lat. 35°53′55″ N., long. 92°39′23″ W.)

    That airspace extending upward from 700 feet above the surface within an 11.2-mile radius of Searcy County Airport.

    Issued in Fort Worth, TX, on July 28, 2015. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2015-19151 Filed 8-12-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 573 [Docket No. FDA-2015-F-2712] Adisseo France S.A.S.; Filing of Food Additive Petition (Animal Use) AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of petition.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that Adisseo France S.A.S. has filed a petition proposing that the food additive regulations be amended to provide for the safe use of selenomethionine hydroxy analogue as a source of selenium in feed for chickens, turkeys, swine, dairy cattle, and beef cattle.

    DATES:

    Submit either electronic or written comments on the petitioner's request for categorical exclusion from preparing an environmental assessment or environmental impact statement by September 14, 2015.

    ADDRESSES:

    Submit electronic comments to: http://www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Isabel Pocurull, Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5877, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Federal Food, Drug, and Cosmetic Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a food additive petition (FAP 2291) has been filed by Adisseo France S.A.S., Immeuble Antony Parc II, 10 Place du Général de Gaulle, 92160 Antony, France. The petition proposes to amend Title 21 of the Code of Federal Regulations (CFR) in part 573 Food Additives Permitted in Feed and Drinking Water of Animals (21 CFR part 573) to provide for the safe use of selenomethionine hydroxy analogue as a source of selenium in feed for chickens, turkeys, swine, dairy cattle, and beef cattle. The petitioner has requested a categorical exclusion from preparing an environmental assessment or environmental impact statement under 21 CFR 25.32(r).

    Interested persons may submit either electronic or written comments regarding this request for categorical exclusion to the Division of Dockets Management (see DATES and ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: August 7, 2015. Bernadette Dunham, Director, Center for Veterinary Medicine.
    [FR Doc. 2015-19884 Filed 8-12-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-132075-14] RIN 1545-BM49 Extension of Time to File Certain Information Returns AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that will remove the automatic extension of time to file information returns on forms in the W-2 series (except Form W-2G). The temporary regulations will allow only a single 30-day non-automatic extension of time to file these information returns. In addition, the temporary regulations will update the list of information returns subject to the rules regarding extensions of time to file. These proposed regulations incorporate the temporary regulations with respect to extensions of time to file information returns on forms in the W-2 series (except Form W-2G). In addition, these proposed regulations would remove the automatic 30-day extension of time to file all information returns listed in the temporary regulation.

    DATES:

    Written or electronic comments and requests for a public hearing must be received by November 12, 2015.

    ADDRESSES:

    Send submissions to: CC:PA:LPD:PR (REG-132075-14), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-132075-14), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-132075-14).

    FOR FURTHER INFORMATION CONTACT:

    Concerning these proposed regulations, Jonathan R. Black, (202) 317-6845; concerning submissions of comments and/or requests for a hearing, Regina Johnson (202) 317-6901 (not toll-free numbers).

    SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions

    Temporary regulations § 1.6081-8T in the Rules and Regulations section of this issue of the Federal Register will amend 26 CFR part 1 by removing the automatic extension of time to file information returns on forms in the W-2 series (except Form W-2G), effective for filing season 2017. The temporary regulations will allow only a single 30-day non-automatic extension of time to file these information returns that the IRS may, in its discretion, grant if the IRS determines that an extension of time to file is warranted based on the filer's or transmitter's explanation attached to a Form 8809, “Application for Extension of Time to File Information Returns,” signed under penalties of perjury. The temporary regulations will also add Forms 3921, 3922, 1094-C, and forms in the 1097 series to the list of information returns covered by § 1.6081-8T(a) and clarify that Forms 1095-B and 1095-C, but not Form 1095-A, are covered by the rules in § 1.6081-8T(a).

    These proposed regulations would remove the automatic 30-day extension of time to file the information returns listed in § 1.6081-8T(a) and allow only a single non-automatic extension of time to file all information returns listed in § 1.6081-8T.

    The IRS anticipates that, as described in the temporary regulations with respect to forms in the W-2 series (other than Forms W-2G), under the proposed regulations, the IRS will grant the non-automatic 30-day extension of time to file information returns listed in § 1.6081-8(a) only in limited cases where the filer's or transmitter's explanation demonstrates that an extension of time to file is needed as a result of extraordinary circumstances or catastrophe, such as a natural disaster or fire destroying the books and records a filer needs for filing the information returns.

    Treasury and the IRS request comments on the appropriate timing of the removal of the automatic 30-day extension of time to file information returns covered by these proposed regulations, such as Form 1042-S, including whether special transitional considerations should be given for any category or categories of forms or filers relative to other forms or filers. Although these regulations are proposed to be effective for requests for extensions of time to file information returns due on or after January 1 of the calendar year immediately following the date of publication of a Treasury decision adopting these rules as final regulations in the Federal Register, removal of the automatic 30-day extension of time to file will not apply to information returns (other than forms in the W-2 series except Forms W-2G) due any earlier than January 1, 2018. Please follow the instructions in the “Comments and Requests for Public Hearing” portion of this preamble.

    The temporary regulations affect taxpayers who are required to file information returns on forms in the W-2 series (except Forms W-2G) and need an extension of time to file. These proposed regulations also affect taxpayers who need an extension of time to file any of the information returns listed in § 1.6081-8T(a).

    The substance of the temporary regulations is incorporated in these proposed regulations. The preamble to the temporary regulations explains these amendments. These proposed regulations would also expand the rules in § 1.6081-8T(b) to the other information returns, which are listed in § 1.6081-8T(a).

    Proposed Effective/Applicability Date

    The regulations, as proposed, would apply to requests for extensions of time to file information returns due on or after January 1 of the calendar year immediately following the date of publication of a Treasury decision adopting these rules as final regulations in the Federal Register.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these proposed regulations.

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it is hereby certified that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. As stated in this preamble, the proposed regulations would remove the automatic 30-day extension of time to file certain information returns (Form W-2G, 1042-S, 1094-C, 1095-B, 1095-C, 1097 series, 1098 series, 1099 series, 3921, 3922, 5498 series, and 8027). Under the proposed regulations, filers and transmitters would be permitted to request only one 30-day extension of time to file these information returns by timely submitting a Form 8809, including an explanation of the reasons for requesting the extension and signed under penalty of perjury. Although the proposed regulation may potentially affect a substantial number of small entities, the economic impact on these entities is not expected to be significant because filers who are unable to timely file as a result of extraordinary circumstances or catastrophe may continue to obtain a 30-day extension through the Form 8809 process, which takes approximately 20 minutes to prepare and submit to the IRS. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

    Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in the preamble under the ADDRESSES heading. Treasury and the IRS request comments on all aspects of the proposed regulations. All comments submitted will be made available at www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register.

    Drafting Information

    The principal author of these regulations is Jonathan R. Black of the Office of the Associate Chief Counsel (Procedure and Administration).

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

    PART 1—INCOME TAXES

    Paragraph 1. The authority citation for part 1 continues to read as follows:

    Authority:

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.6081-8 is revised to read as follows:

    § 1.6081-8 Extension of time to file certain information returns.

    (a) In general. Except as provided in paragraph (e) of this section, a person required to file an information return (the filer) on forms in the W-2 series (including Forms W-2, W-2AS, W-2G, W-2GU, and W-2VI), 1097 series, 1098 series, 1099 series, or 5498 series, or on Forms 1042-S, 1094-C, 1095-B, 1095-C, 3921, 3922, or 8027, or the person transmitting the information return for the filer (the transmitter), may only request one non-automatic 30-day extension of time to file the information return beyond the due date for filing it. To make such a request, the filer or transmitter must submit an application for an extension of time to file in accordance with paragraph (b) of this section. No additional extension of time to file will be allowed pursuant to § 1.6081-1 beyond the 30-day extension of time to file provided by this paragraph.

    (b) Requirements. To satisfy this paragraph (b), a filer or transmitter must—

    (1) Submit a complete application on Form 8809, “Application for Extension of Time to File Information Returns,” or in any other manner prescribed by the Commissioner, including a detailed explanation of why additional time is needed;

    (2) File the application with the Internal Revenue Service in accordance with forms, instructions, or other appropriate guidance on or before the due date for filing the information return; and

    (3) Sign the application under penalties of perjury.

    (c) Penalties. See sections 6652, 6693, and 6721 through 6724 for failure to comply with information reporting requirements on information returns described in paragraph (a) of this section.

    (d) No effect on time to furnish statements. An extension of time to file an information return under this section does not extend the time for furnishing a statement to the person with respect to whom the information is required to be reported.

    (e) Form W-2 filed on expedited basis. This section does not apply to an information return on a form in the W-2 series if the procedures authorized in Rev. Proc. 96-57 (1996-2 CB 389) (or a successor revenue procedure) allow an automatic extension of time to file the information return. See § 601.601(d)(2)(ii)(b) of this chapter.

    (f) Effective/applicability date. This section applies to requests for extensions of time to file information returns due on or after January 1 of the calendar year immediately following the date of publication of a Treasury decision adopting these rules as final regulations in the Federal Register.

    § 1.6081-8T [Removed]

    Par. 3. Section 1.6081-8T is removed.

    John Dalrymple, Deputy Commissioner for Services and Enforcement.
    [FR Doc. 2015-19933 Filed 8-12-15; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 80 [Docket No. CDC-2015-0062; NIOSH-286] RIN 0920-AA55 Occupational Safety and Health Research and Related Activities; Administrative Functions, Practices, and Procedures AGENCY:

    Centers for Disease Control and Prevention, HHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Department of Health and Human Services (HHS) proposes the removal of its regulations pertaining to administrative functions, practices, and procedures for occupational safety and health research and related activities conducted by the National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention (CDC). As a part of the retrospective review conducted by all Federal agencies, HHS has determined that these regulations are no longer in use by NIOSH and should be removed.

    DATES:

    Comments must be received by September 14, 2015.

    ADDRESSES:

    Written Comments: You may submit comments by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, Cincinnati, OH 45226-1998.

    Instructions: All submissions received must include the agency name (Centers for Disease Control and Prevention, HHS) and docket number (CDC-2015-0062; NIOSH-286) or Regulation Identifier Number (0920-AA55) for this rulemaking. All relevant comments, including any personal information provided, will be posted without change to http://www.regulations.gov.

    Docket: For access to the docket go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Rachel Weiss, Program Analyst, 1090 Tusculum Ave, MS: C-46, Cincinnati, OH 45226; telephone (855) 818-1629 (this is a toll-free number); email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Public Participation

    Interested persons or organizations are invited to participate in this rulemaking by submitting written views, recommendations, and data. In addition, HHS invites comments on any aspect of this rulemaking.

    All comments submitted will be available for examination in the rule docket (a publicly available repository of the documents associated with the rulemaking) both before and after the closing date for comments. A complete electronic docket containing all comments submitted will be available on http://www.regulations.gov.

    Comments submitted electronically or by mail should be titled “Docket No. CDC-2015-0062” and should identify the author(s) and contact information in case clarification is needed. Electronic and written comments can be submitted to the addresses provided in the ADDRESSES section, above. All communications received on or before the closing date for comments will be fully considered by HHS.

    II. Statutory Authority

    HHS promulgated Part 80 of Title 42 to facilitate Section 21(a)(1) of the Occupational Safety and Health (OSH) Act of 1970 (29 U.S.C. 670(a)(1)), which authorizes the Director of NIOSH to conduct educational programs to provide an adequate supply of qualified personnel to carry out the purposes of the OSH Act. Part 80 established tuition fees for such training, as authorized by 31 U.S.C. 483a (31 U.S.C. 9701, as revised by Pub. L. 97-258, September 13, 1982), which permits agencies to “prescribe regulations establishing the charge for service or thing of value provided by the agency.” In accordance with section 6 of Executive Order 13563, HHS conducted a retrospective analysis of its existing rules, determined Part 80 to be obsolete, and is proposing the removal of Part 80 from Title 42.

    III. Summary of Proposed Rule

    The provisions in Part 80 establish the NIOSH policies with respect to the charging of fees for direct training in occupational safety and health. Because NIOSH no longer offers direct training programs, these provisions are no longer needed. Removing Part 80 from Title 42 will have no effect on NIOSH procedures or practices, including the NIOSH funding of the Education and Research Centers for Occupational Safety and Health. This action is being done in accordance with Executive Order 13563, section 6, which requires that Federal agencies conduct retrospective analyses of existing rules. In conducting the analysis, HHS discovered that the Part 80 provisions were outdated.

    IV. Regulatory Assessment Requirements A. Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

    This proposed rule has been determined not to be a “significant regulatory action” under § 3(f) of E.O. 12866. With this action, HHS is proposing the removal of Part 80 from Title 42. Because this notice of proposed rulemaking is entirely administrative and does not affect the economic impact, cost, or policies of any activities authorized by Title 42, HHS has not prepared an economic analysis and the Office of Management and Budget (OMB) has not reviewed this rulemaking.

    B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires each agency to consider the potential impact of its regulations on small entities including small businesses, small governmental units, and small not-for-profit organizations. Because no substantive changes will be made to 42 CFR part 85a as a result of this action, HHS certifies that this rule has “no significant economic impact upon a substantial number of small entities” within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

    C. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires an agency to invite public comment on, and to obtain OMB approval of, any regulation that requires 10 or more people to report information to the agency or to keep certain records. Data collection and recordkeeping requirements for the health investigations of places of employment program receive OMB approval on an as-needed basis. The amendments in this rulemaking do not impact the collection of data.

    D. Small Business Regulatory Enforcement Fairness Act

    As required by Congress under the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS will report the promulgation of this rule to Congress prior to its effective date.

    E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.) directs agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector “other than to the extent that such regulations incorporate requirements specifically set forth in law.” For purposes of the Unfunded Mandates Reform Act, this proposed rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million by State, local or Tribal governments in the aggregate, or by the private sector.

    F. Executive Order 12988 (Civil Justice)

    This proposed rule has been drafted and reviewed in accordance with Executive Order 12988, “Civil Justice Reform,” and will not unduly burden the Federal court system. This rule has been reviewed carefully to eliminate drafting errors and ambiguities.

    G. Executive Order 13132 (Federalism)

    HHS has reviewed this proposed rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have “federalism implications.” The rule does not “have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.”

    H. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks)

    In accordance with Executive Order 13045, HHS has evaluated the environmental health and safety effects of this proposed rule on children. HHS has determined that the rule would have no environmental health and safety effect on children.

    I. Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use)

    In accordance with Executive Order 13211, HHS has evaluated the effects of this proposed rule on energy supply, distribution or use, and has determined that the rule will not have a significant adverse effect.

    J. Plain Writing Act of 2010

    Under Public Law 111-274 (October 13, 2010), executive Departments and Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal Government administers or enforces. HHS has attempted to use plain language in promulgating the proposed rule consistent with the Federal Plain Writing Act guidelines.

    Proposed Rule PART 80—[REMOVED AND RESERVED]

    For the reasons discussed in the preamble and under the authorities 29 U.S.C. 671, 31 U.S.C. 9701, and 42 U.S.C. 216(b), the Department of Health and Human Services proposes to amend 42 CFR chapter I by removing part 80.

    Dated: August 3, 2015. Sylvia M. Burwell, Secretary, Department of Health and Human Services.
    [FR Doc. 2015-19856 Filed 8-12-15; 8:45 am] BILLING CODE 416350-18-P
    80 156 Thursday, August 13, 2015 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-FV-15-0041] Fruit and Vegetable Industry Advisory Committee AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, the Agricultural Marketing Service (AMS) is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (Committee). The meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and to provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs and services to better meet the needs of the U.S. produce industry. The meeting is open to the public. This notice sets forth the schedule and location for the meeting.

    DATES:

    Tuesday, September 15, 2015, from 8:30 a.m. to 5:00 p.m. Eastern Time, and Wednesday, September 16, 2015, from 8:30 a.m. to 1:00 p.m., Eastern Time.

    ADDRESSES:

    The Committee meeting will be held in the Latrobe/Bulfinch Conference Room at the Grand Hyatt Washington Hotel, 1000 H Street Northwest, Washington, DC 20001.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Stanziani, Designated Federal Official, USDA, AMS, Fruit and Vegetable Program; Telephone: (202) 720-3334; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), the Secretary of Agriculture (Secretary) established the Committee in 2001, to examine the full spectrum of issues faced by the fruit and vegetable industry and to provide suggestions and ideas to the Secretary on how USDA can tailor its programs to meet the fruit and vegetable industry's needs. The Committee was re-chartered in July 2015, for a two-year period.

    AMS Deputy Administrator for the Fruit and Vegetable Program, Charles Parrott, serves as the Committee's Manager. Representatives from USDA mission areas and other government agencies affecting the fruit and vegetable industry are periodically called upon to participate in the Committee's meetings as determined by the Committee. AMS is giving notice of the Committee meeting to the public so that they may attend and present their views. The meeting is open to the public.

    Public Comments: All written public comments must be submitted electronically by August 31, 2015, for the Committee's consideration to Pamela Stanziani at [email protected] or to www.regulations.gov, or mailed to: 1400 Independence Avenue SW., Room 2077-South, STOP 0235, Washington, DC 20250-0235. The meeting will be recorded, and information about obtaining a transcript will be provided at the meeting.

    Agenda items may include, but are not limited to, welcome and introductions, administrative matters, progress reports from committee working group chairs and/or vice chairs, potential working group recommendation discussion, and presentations by subject matter experts as requested by the Committee.

    Meeting Accommodations: The Grand Hyatt Washington Hotel is ADA compliant and provides reasonable accommodations to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in this public meeting, please notify Pamela Stanziani at [email protected] or (202) 720-3334, by August 31, 2015. Determinations for reasonable accommodations will be made on a case-by-case basis.

    Dated: August 10, 2015. Rex A. Barnes, Associate Administrator.
    [FR Doc. 2015-19927 Filed 8-12-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Office of the Secretary Privacy Act of 1974; Systems of Records USDA/OIG-1 through USDA/OIG-9 AGENCY:

    Office of Inspector General, USDA.

    ACTION:

    Notice of amendment to systems of records; establishment of one new system of records; addition of four new routine uses; and republication of systems of records.

    SUMMARY:

    In accordance with the Privacy Act, 5 U.S.C. 552a(e)(4) and (11), the United States Department of Agriculture (USDA), Office of Inspector General (OIG) proposes to revise its systems of records by establishing one new system of records, by deleting a current system of records, by adding new routine uses, and by making technical changes and corrections to certain existing routine uses and systems of records.

    DATES:

    This action will be effective without further notice on September 22, 2015 unless comments are received that would result in a contrary determination. If comments are received, the comments will be considered and, where adopted, the document will be republished with changes.

    ADDRESSES:

    You may submit comments, identified by docket number OIG-2015-0001 by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Email: [email protected].

    Fax: (202) 690-1528.

    Mail: Christy A. Slamowitz, Counsel to the Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 2308, Washington, DC 20250-2308.

    Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket or to read background documents or comments received go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions and for privacy issues please contact: Cherry W. Tolliver, Assistant Counsel to the Inspector General, USDA OIG, (202) 720-9110.

    SUPPLEMENTARY INFORMATION:

    The Privacy Act, 5 U.S.C. 552a(e)(4), (11), provides that the public be given a 30-day period in which to comment on new uses or intended uses of information in systems of records. The Office of Management and Budget (OMB), which has oversight responsibilities under the Act, requires a 40-day period in which to conclude its review of the new or amended systems. Therefore, please submit any comments by September 22, 2015. The public, OMB, and the Congress are invited to send written comments.

    The full list of OIG's systems of records notices was last published in the Federal Register on pages 61262-61266, 62 FR 61262, et seq. (November 17, 1997). OIG's systems of records was last amended on pages 21389-21391, 70 FR 21389, et seq. (April 26, 2005); on pages 43398-43400, 73 FR 43398, et seq. (July 25, 2008); and on pages 9584-9586, 74 FR 9584, et seq. (March 5, 2009). Because there are a number of changes, this notice also republishes in one location descriptions of all of OIG's systems of records for the convenience of interested parties.

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and OMB Circular No. A-130, USDA OIG has conducted a review of its Privacy Act systems of records notices and has determined that it needs one new system of records entitled Audit Records. USDA OIG has determined that one system of records entitled Training Tracking System, USDA/OIG-6, containing audit employee training records, can be deleted and the records of audit employee training history will be included in USDA/OIG-5 Automated Reporting and General Operations System (ARGOS). Additionally, USDA OIG has determined that six existing routine uses need to be modified or revised, and that new routine uses need to be added to several systems of records. USDA OIG has determined that the release of information for the purposes provided in the new routine uses is a necessary and proper use of the information in the systems of records and is compatible and consistent with the purpose for which the records are collected.

    USDA OIG has also determined that its systems of records' locations need to be updated as set forth in the system location of each system of records and in Appendix A. USDA OIG's office locations can also be found on OIG's Web site at www.usda.gov/oig/contact.htm. This notice also updates the titles of responsible officials. USDA OIG is replacing the title of “Assistant Inspector General for Policy Development and Resources Management” with “Counsel to the Inspector General” under the category of Contesting Record Procedures, and is replacing the title of “Director, Information Management Division, Policy Development and Resources Management” with “Counsel to the Inspector General” under the category of Notification Procedures and Record Access Procedures. Elsewhere, the titles “Director, Information Management Division, Policy Development and Resources Management” and “Assistant Inspector General for Policy Development and Resources Management” are replaced with “Assistant Inspector General for Management.”

    USDA OIG is also amending the systems of records to make clear that written requests for Notification, Record Access and Contesting Records should be addressed to the Counsel to the Inspector General. Where applicable, the storage, retention, and disposal practices for records in systems of records have also been updated. USDA OIG's records are retained and disposed of, as applicable, in compliance with the General Records Schedule, National Archives and Records Administration (NARA) and USDA OIG's record disposition authority, approved by NARA. USDA OIG's record disposition authority was approved by NARA on October 17, 2001. See Request for Records Disposition Authority, Job No. N1-016-00-3 (October 17, 2001). During our review, it was determined that USDA OIG's record disposition authority approved by NARA on October 17, 2001, did not explicitly mention the records contained in USDA/OIG-2 Informant and Undercover Agent Records. Therefore, USDA OIG will keep those records in USDA/OIG-2, Informant and Undercover Agent Records until a records retention schedule is developed and approved by NARA for those records. USDA OIG also deleted from USDA/OIG-5 (ARGOS) the reference to Social Security numbers under the Retrievability heading as OIG no longer retrieves records using Social Security numbers from this system. Because there are a number of changes, USDA OIG is republishing its systems of records notices in their entirety.

    This notice adds a new system of records called USDA/OIG-9, Audit Records, to account for information about individuals that is not included elsewhere in OIG's systems of records regarding OIG audits.

    USDA OIG has also determined that its systems of records need to be updated to include a section on disclosures to consumer reporting agencies, a purpose(s) section, and a security classification section.

    Revised System of Records—Employee Records—USDA/OIG-1 (Amendment to Notice)

    The description of existing system of records USDA/OIG-1 Employee Records is revised to show that OPM/GOVT-8, Confidential Statements of Employment and Financial Interest, has been renamed OGE/GOVT-2, Executive Branch Confidential Financial Disclosure Reports as shown in 55 FR 6327 (February 22, 1990) and 68 FR 3098 (January 22, 2003). A reference to governmentwide system of records OGE/GOVT-1, Executive Branch Personnel Public Financial Disclosure Reports and Other Named-Retrieved Ethics Program Records, is being added to fully reflect the ethics records in OIG's possession.

    The retention and disposal paragraph for this system is updated to reflect that records are disposed of in accordance with the various applicable retention periods and disposal methods as outlined by NARA. The following sentence is deleted as it is no longer applicable: “Personal information that the agency deems to be potentially derogatory or embarrassing is shredded when retention period expires.”

    Deletion of System of Records Training Tracking System—USDA/OIG-6

    USDA OIG is terminating USDA/OIG-6 entitled Training Tracking System for training records of audit employees. The records currently covered by USDA/OIG-6 will be covered by USDA/OIG-5 (ARGOS), and the USDA/OIG-6 system designation will be reserved for future use.

    New System of Records—USDA/OIG-9 Audit Records

    USDA OIG has undertaken an internal review and has determined that an additional system of records notice is necessary in order to account for information maintained about individuals that is not included elsewhere in USDA OIG's systems of records. The new USDA OIG system of records is entitled USDA/OIG-9 Audit Records. The system is designed to function as a tool to initiate, manage, and retain audits in a centralized environment. Records maintained in this system may be retrieved by OIG personnel in headquarters and the regions. Information is generally retrieved by audit assignment number. However, information can be retrieved by using alphanumeric queries and personal identifiers.

    Routine Use 5—Technical Change (Disclosure to Department of Justice or Courts)

    USDA OIG proposes revising Routine Use 5 to incorporate the clarifications on such disclosures prescribed by the Office of Management and Budget (OMB) in its supplementary guidelines dated May 24, 1985, for implementing the Privacy Act. The current language of Routine Use No. 5 is as follows:

    (5) A record from the system of records may be disclosed to the Department of Justice in the course of litigation when the use of such records by the Department of Justice is deemed relevant and necessary to the litigation and may be disclosed in a proceeding before a court, adjudicative body, or administrative tribunal, or in the course of civil discovery, litigation, or settlement negotiations, when a party to a legal action or an entity or individual having an interest in the litigation includes any of the following:

    (a) The OIG or any component thereof;

    (b) Any employee of the OIG in his or her official capacity;

    (c) Any employee of the OIG in his or her individual capacity where the Department of Justice has agreed to represent the employee; or

    (d) The United States, where the OIG determines that litigation is likely to affect USDA or any of its components.

    The revised routine use will read as follows:

    (5) A record from the system of records may be disclosed to the U.S. Department of Justice or in a proceeding before a court, administrative tribunal, or adjudicative body, when:

    (a) OIG, or any component thereof;

    (b) Any employee of OIG in his or her official capacity;

    (c) Any employee of OIG in his or her individual capacity where the Department of Justice has agreed to represent the employee; or

    (d) The United States, where the OIG determines that litigation is likely to affect USDA or any of its components, is a party to the litigation or has an interest in such litigation, and OIG determines that use of such records is relevant and necessary to the litigation; provided, however, that in each case, OIG determines that disclosure of the records is a use of the information contained in the records that is compatible with the purpose for which the records were collected.

    The revised routine use, like the original version of the routine use, will still allow for the disclosure of information in the course of civil discovery, litigation, or settlement negotiations. The revision is simply to incorporate a clarification by OMB.

    Routine Use No. 10 (Disclosure in Response to Federal Subpoenas)—Technical Change

    USDA OIG proposes revising Routine Use 10 to more clearly recognize the role of the cognizant agency head and the relevant law enforcement purposes related to subpoenas issued by Federal agencies in compliance with 5 U.S.C. 552a(b)(7). The current language of Routine Use 10 is as follows:

    A record from the system of records may be disclosed in response to a subpoena issued by a Federal agency having the power to subpoena records of other Federal agencies, if the OIG determines that: (a) The records are both relevant and necessary to the proceeding, and (b) such release is compatible with the purpose for which the records were collected.

    The revised routine use will then read as follows:

    (10) A record from the system of records may be disclosed in response to a subpoena issued by a Federal agency having the power to subpoena records of other Federal agencies, provided the subpoena is channeled through the head of the agency, if the OIG determines that: (a) The head of the agency signed the subpoena; (b) the subpoena specifies the information sought and the law enforcement purpose served; (c) the records are both relevant and necessary to the proceeding; and (d) such release is compatible with the purpose for which the records were collected.

    The revised routine use, like the original version of the routine use, will still allow for the disclosure of information in response to a subpoena issued by a Federal agency having the power to subpoena records of other Federal agencies in order to cooperate with Federal agencies to the extent necessary for them to carry out their legal responsibilities.

    Routine Use No. 13 (Disclosure to News Media and Public)—Technical Change

    USDA OIG proposes revising existing Routine Use No. 13 by deleting one half of one sentence of the existing routine use to avoid referring to another agency's regulations, to add language regarding personal privacy, and to make this routine use consistent with respect to all applicable USDA OIG systems of records. The current language of Routine Use No. 13 for USDA/OIG-1, USDA/OIG-2, USDA/OIG-5, and USDA/OIG-6 is as follows:

    (13) Relevant information from a system of records may be disclosed to the news media and general public where there exists a legitimate public interest, e.g., to assist in the location of fugitives, to provide notification of arrests, where necessary for protection from imminent threat of life or property, or in accordance with guidelines set out by the Department of Justice in 28 CFR 50.2.

    The proposed revision deletes the last part of the sentence, to end the sentence after the word “property.” Thus, the end of the sentence that refers to the Department of Justice guidelines and its regulatory citation is deleted and a reference to personal privacy is added. The revised routine use will then read as follows:

    (13) Relevant information from a system of records may be disclosed to the news media and general public where there exists a legitimate public interest, e.g., to assist in the location of fugitives, to provide notification of arrests, or where necessary for protection from imminent threat of life or property except to the extent OIG determines that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

    Part of this modification (deleting the reference to the Department of Justice guidelines and its regulatory citation) to Routine Use No. 13 was made for USDA/OIG-3 and USDA/OIG-4 in 2005, 70 FR 21389 (April 26, 2005). We are revising the routine use as to USDA/OIG-1, 2, and 5 to make it consistent with the routine use applicable to these other USDA OIG systems of records and updating the routine use for USDA/OIG-3 and USDA/OIG-4 as well to address personal privacy concerns.

    Routine Uses Nos. 14 and 15—Technical Change (Disclosures to CIGIE)

    USDA OIG proposes revising two existing routine uses by allowing disclosure to the President's Council on Integrity and Efficiency's successor entity, the Council of the Inspectors General on Integrity and Efficiency (CIGIE), or to any successor entity.

    The current language of Routine Uses numbered 14 and 15 for USDA/OIG-3, USDA/OIG-4, and USDA/OIG-8 (Office of Audit's Research Aggregated Data Analysis Repository (RADAR)) is as follows:

    (14) A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews or peer reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category includes members of the President's Council on Integrity and Efficiency and officials and administrative staff within their investigative chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation.

    (15) In the event that these records respond to an audit, investigation, or review, which is conducted pursuant to an authorizing law, rule, or regulation, and in particular those conducted at the request of the President's Council on Integrity and Efficiency (PCIE) pursuant to Executive Order 12993, the records may be disclosed to the PCIE and other Federal agencies, as necessary.

    The revised routine uses will then read as follows:

    (14) A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews or peer reviews of internal safeguards and management procedures employed in investigative, audit, and inspection and evaluation operations. This disclosure category includes members of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) or any successor entity and officials and administrative staff within their chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation.

    (15) In the event that these records respond to an audit, investigation, or review, which is conducted pursuant to an authorizing law, rule, or regulation, and in particular those conducted at the request of CIGIE, the records may be disclosed to the CIGIE or any successor entity and other Federal agencies, as necessary.

    Renumber Routine Use and Technical Change

    USDA OIG proposes to renumber Routine Use 1 for USDA/OIG-6 (Training Tracking System) (published at 62 FR 61262, November 17, 1997) to Routine Use 17 since USDA/OIG-6 (Training Tracking System) currently has two routine uses which are numbered 1, and USDA OIG is deleting USDA/OIG-6. USDA OIG is not amending current Routine Use 1 substantively, but is renumbering it as Routine Use 17 in the amended systems of records notice.

    USDA OIG proposes revising the existing routine use, renumbered as Routine Use No. 17, to change the name General Accounting Office because the name of that office has changed to the U.S. Government Accountability Office.

    The current language of Routine Use No. 1 for USDA/OIG-6 is as follows:

    A record from the system of records may be disclosed as a routine use to a Federal agency or professional organization to document continuing education credits required by the Government Auditing Standards, U.S. General Accounting Office Standards of Audit of Governmental Organizations, Programs, Activities, and Functions. The record must be relevant to the determination of professional proficiency and compliance with the general qualification standard for government auditing, and retention of an employee or other personnel action.

    The revised routine use will then read as follows:

    (17) A record from the system of records may be disclosed as a routine use to a Federal agency or professional organization to document continuing professional education required by the Government Auditing Standards published by the U.S. Government Accountability Office. The record must be relevant to the determination of competency and compliance with the general qualification standard for government auditing, and retention of an employee or other personnel action.

    New Routine Uses

    USDA OIG proposes to add four new routine uses.

    The first added routine use (proposed 18) is proposed to more readily and explicitly inform victims and complainants about the status, progress, and/or results of an investigation or case.

    The second added routine use (proposed 19) is proposed to allow USDA OIG to share information with former employees for the purposes of responding to certain official inquiries and for facilitating communications that may be necessary for personnel-related or other official purposes.

    The third added routine use (proposed 20) is proposed to allow the disclosure of information to CIGIE and its members for the preparation of reports to the President and Congress on the activities of the Inspectors General.

    The fourth added routine use (proposed 21) is proposed to allow the disclosure of information to the NARA, Office of Government Information Services (OGIS), for all the purposes set forth in 5 U.S.C. 552(h)(2)(A) and (B) and (h)(3).

    The text of the proposed routine use 18 is applicable to systems of records USDA/OIG-2, USDA/OIG-3, USDA/OIG-4, and USDA/OIG-5, and will read as follows:

    18. To complainants and/or victims to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained and/or of which they were a victim.

    The text of the proposed routine use 19 is applicable to systems of records USDA/OIG-1, USDA/OIG-2, USDA/OIG-3, USDA/OIG-4, USDA/OIG-5, USDA/OIG-7, USDA/OIG-8, and the new USDA/OIG-9, and will read as follows:

    19. To a former employee of OIG for purposes of: Responding to an official inquiry by a Federal, State, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where OIG requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of official responsibility.

    The text of the proposed routine use 20 is applicable to systems of records USDA/OIG-3, USDA/OIG-4, USDA/OIG-8, and USDA/OIG-9, and will read as follows:

    20. A record may be disclosed to members and employees of CIGIE, or any successor entity, for the preparation of reports to the President and Congress on the activities of the Inspectors General.

    The text of the proposed routine use 21 is applicable to systems of records USDA/OIG-1, USDA/OIG-2, USDA/OIG-3, USDA/OIG-4, USDA/OIG-5, USDA/OIG-7, USDA/OIG-8, and USDA/OIG-9, and will read as follows:

    21. A record may be disclosed to the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures, and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

    New Section on “Disclosure to Consumer Reporting Agencies”

    USDA OIG has determined that a new section on “Disclosure to Consumer Reporting Agencies” needs to be added to allow disclosures of records in order to improve debt collection by the Government. The Debt Collection Act, codified at 5 U.S.C. 552a(b)(12), requires agencies to publish a notice identifying each system of records from which information may be disclosed to consumer credit reporting agencies (i.e., consumer credit bureaus). The Office of Management and Budget has indicated that this notice should take the form of an insert to existing systems of records. See OMB, Privacy Act of 1974; Guidelines on the Relationship of the Debt Collection Act of 1982 to the Privacy Act of 1974, 48 FR 15556, 15558 (April 11, 1983). USDA OIG has thus incorporated a statement regarding consumer credit reporting into its systems of records.

    Adding a “Purpose(s)” Section

    As a result of our review, USDA OIG found that all of our Privacy Act systems of records notices should be revised by adding a “purpose(s)” statement to conform the notices to the format required by the Office of the Federal Register. A purpose(s) statement was added to each system of records.

    In accordance with 5 U.S.C. 552a(r), USDA OIG has provided a report to the Office of Management and Budget and to Congress on the proposed systems of records.

    Dated: August 7, 2015. Thomas J. Vilsack, Secretary, Department of Agriculture.

    Accordingly, we are republishing the systems of records notices in their entirety, as amended, as follows:

    Routine Uses

    The following 21 routine uses are applicable as noted below to USDA OIG's systems of records.

    1. A record from the system of records which indicates either by itself or in combination with other information, a violation or potential violation of a contract or law, whether civil, criminal, or regulatory, or which otherwise reflects on the qualifications or fitness of a licensed (or seeking to be licensed) individual, may be disclosed to a Federal, State, local, foreign, or self-regulatory agency (including but not limited to organizations such as professional associations or licensing boards), or other public authority that investigates or prosecutes or assists in such investigation, prosecution, enforcement, implementation, or issuance of the statute, rule, regulation, order, or license.

    2. A record from the system of records may be disclosed to a Federal, State, local, or foreign agency, other public authority, consumer reporting agency, or professional organization maintaining civil, criminal, or other relevant enforcement or other pertinent records, such as current licenses, in order to obtain information relevant to an OIG decision concerning employee retention or other personnel action, issuance of a security clearance, letting of a contract or other procurement action, issuance of a benefit, establishment of a claim, collection of a delinquent debt, or initiation of an administrative, civil, or criminal action.

    3. A record from the system of records may be disclosed to a Federal, State, local, foreign, or self-regulatory agency (including but not limited to organizations such as professional associations or licensing boards), or other public authority, to the extent the information is relevant and necessary to the requestor's hiring or retention of an individual or any other personnel action; issuance or revocation of a security clearance, license, grant, or other benefit; establishment of a claim; letting of a contract; reporting of an investigation of an individual; or for purposes of a suspension or debarment action, or the initiation of administrative, civil, or criminal action.

    4. A record from the system of records may be disclosed to any source—private or public—to the extent necessary to secure from such source information relevant to a legitimate OIG investigation, audit, or other inquiry.

    5. A record from the system of records may be disclosed to the U.S. Department of Justice or in a proceeding before a court, administrative tribunal, or adjudicative body, when:

    (a) OIG, or any component thereof;

    (b) Any employee of OIG in his or her official capacity;

    (c) Any employee of OIG in his or her individual capacity where the Department of Justice has agreed to represent the employee; or

    (d) The United States, where the OIG determines that litigation is likely to affect USDA or any of its components,

    is a party to the litigation or has an interest in such litigation, and OIG determines that use of such records is relevant and necessary to the litigation, provided, however, that in each case, OIG determines that disclosure of the records is a use of the information contained in the records that is compatible with the purpose for which the records were collected.

    6. A record from the system of records may be disclosed to a Member of Congress from the record of an individual in response to an inquiry from the Member of Congress made at the request of that individual. In such cases however, the Member's right to a record is no greater than that of the individual.

    7. A record from the system of records may be disclosed to the Department of Justice for the purpose of obtaining its advice on an OIG audit, investigation, or other inquiry, including Freedom of Information or Privacy Act matters.

    8. A record from the system of records may be disclosed to the Office of Management and Budget for the purpose of obtaining its advice regarding OIG obligations under the Privacy Act or in connection with the review of private relief legislation.

    9. A record from the system of records may be disclosed to a private firm with which OIG contemplates it will contract or with which it has contracted for the purpose of performing any functions or analyses that facilitate or are relevant to an OIG investigation, audit, inspection, or other inquiry. Such contractor or private firm shall be required to maintain Privacy Act safeguards with respect to such information.

    10. A record from the system of records may be disclosed in response to a subpoena issued by a Federal agency having the power to subpoena records of other Federal agencies, provided the subpoena is channeled through the head of the agency, if the OIG determines that: (a) The head of the agency signs the subpoena; (b) the subpoena specifies the information sought and the law enforcement purpose served; (c) the records are both relevant and necessary to the proceeding; and (d) such release is compatible with the purpose for which the records were collected.

    11. A record from the system of records may be disclosed to a grand jury agent pursuant either to a Federal or State grand jury subpoena, or to a prosecution request that such record be released for the purpose of its introduction to a grand jury, provided that the grand jury channels its request through the cognizant U.S. Attorney, that the U.S. Attorney has been delegated the authority to make such requests by the Attorney General, and that the U.S. Attorney actually signs the letter specifying both the information sought and the law enforcement purpose served. In the case of a State grand jury subpoena, the State equivalent of the U.S. Attorney and Attorney General shall be substituted.

    12. A record from the system of records may be disclosed, as a routine use, to a Federal, State, local, or foreign agency, or other public authority, for use in computer matching programs to prevent and detect fraud and abuse in benefit programs administered by any agency, to support civil and criminal law enforcement activities of any agency and its components, and to collect debts and overpayments owed to any agency and its components.

    13. Relevant information from a system of records may be disclosed to the news media and general public where there exists a legitimate public interest, e.g., to assist in the location of fugitives, to provide notification of arrests, or where necessary for protection from imminent threat of life or property except to the extent OIG determines that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

    14. A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews or peer reviews of internal safeguards and management procedures employed in investigative, audit, and inspection and evaluation operations. This disclosure category includes members of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) or any successor entity and officials and administrative staff within their chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation.

    15. In the event that these records respond to an audit, investigation, or review, which is conducted pursuant to an authorizing law, rule, or regulation, and in particular those conducted at the request of CIGIE, the records may be disclosed to the CIGIE or any successor entity and other Federal agencies, as necessary.

    16. A record from the system of records may be disclosed to appropriate agencies, entities, and persons when: (a) OIG suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (b) USDA has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by USDA or another agency or entity) that rely upon the compromised information; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USDA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    17. A record from the system of records may be disclosed as a routine use to a Federal agency or professional organization to document continuing professional education required by the Government Auditing Standards published by the U.S. Government Accountability Office. The record must be relevant to the determination of competency and compliance with the general qualification standard for government auditing, and retention of an employee or other personnel action.

    18. A record from the system of records may be disclosed to complainants and/or victims to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained and/or of which they were a victim.

    19. A record from the system of records may be disclosed to a former employee of OIG for purposes of: Responding to an official inquiry by a Federal, State, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where OIG requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of official responsibility.

    20. A record may be disclosed to members and employees of the CIGIE, or any successor entity, for the preparation of reports to the President and Congress on the activities of the Inspectors General.

    21. A record may be disclosed to the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures, and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

    SYSTEM OF RECORDS USDA/OIG-1 SYSTEM NAME:

    Employee Records, USDA/OIG.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    In the headquarters offices of the U.S. Department of Agriculture (USDA), Office of Inspector General (OIG), 1400 Independence Avenue SW., Washington, DC 20250; the Office of Compliance and Integrity, 5601 Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300; and in the OIG regional offices and suboffices, listed in Appendix A.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    OIG temporary and permanent employees, former employees of OIG, and applicants for employment.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    These records show or relate to employment, personnel management, and work-related information, including position, classification, title, grade, pay rate, pay, temporary and permanent addresses and telephone numbers for home and work, copies of security clearance forms, program and performance evaluations, promotions, retirement, disciplinary actions, appeals, incentive programs, unemployment compensation, leave, complaints and grievances, health benefits, equal employment opportunity, automation of personnel data, travel information, accident reports and related information, activity reports, participation in savings and contribution programs, availability for employment, assignment, or for transfer, qualifications (for law enforcement employees this includes Attorney General designations, training certificates, physical fitness data, and medical officer's certification excluding personal medical data), awards, hours worked, issuance of credentials, passports and other identification, assignment and accountability of property and other things of value, parking space assignments, training and development, special assignments, and exit interviews.

    Other employee records are covered by other systems as follows: For Official Personnel Folder (OPF) data refer to USDA/OP-1 Personnel and Payroll System for USDA Employees; for medical records, including SF-78, Certificate of Medical Examination, and drug testing records, refer to OPM/GOVT-10 Employee Medical File System; for pre-employment inquiries refer to USDA/OIG-3, Investigative Files and Automated Investigative Indices; for executive branch personnel financial disclosure statements and other ethics program records refer to OGE/GOVT-1, Executive Branch Personnel Public Financial Disclosure Reports and Other Named-Retrieved Ethics Program Records; for annual financial disclosure statements refer to OGE/GOVT-2, Executive Branch Confidential Financial Disclosure Reports.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 7 U.S.C. 2270.

    PURPOSE(S):

    This system consists of records compiled for personnel, payroll, and time-reporting purposes. In addition, this system contains all records created and/or maintained about employees as required by the Office of Personnel Management (OPM) as well as documents relating to personnel matters and determinations. Retirement, life, and health insurance benefit records are collected and maintained in order to administer the Federal Employees Retirement System, Civil Service Retirement System, Federal Employees' Group Life Insurance Plan, and the Federal Employees Health Benefit Program.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Routine Uses 1 through 13, 16, 19, and 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    The records are retrieved by name of the individual employee and by Social Security number.

    Safeguards:

    Computer files are password protected and other records are kept in limited-access areas during duty hours and in locked offices during nonduty hours.

    Retention and Disposal:

    The records are retained and disposed of in compliance with the General Records Schedule, NARA. Retention periods and disposal methods vary by record categories as set forth in NARA General Records Schedules 1 (Civilian Personnel Records) and 2 (Payrolling and Pay Administration Records).

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Management, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    The primary information is furnished by the individual employee. Additional information is provided by supervisors, coworkers, references, and others.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    SYSTEM OF RECORDS USDA/OIG-2 SYSTEM NAME:

    Informant and Undercover Agent Records, USDA/OIG.

    SECURITY CLASSIFICATION:

    Sensitive but Unclassified and/or Controlled Unclassified Information

    SYSTEM LOCATION:

    In the OIG headquarters office at 1400 Independence Avenue SW., Washington, DC 20250, and in the OIG regional offices and Investigations suboffices listed in Appendix A.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Confidential informants, investigative operatives, and undercover OIG special agents and other law enforcement personnel and others.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Information including names, occupations, criminal histories, and other information about confidential informants and investigative operatives, together with allegations against them, and the types of information previously furnished by or to be expected from them. Types, dates of issuance and destruction, and details of undercover identification documents used by OIG special agents and other law enforcement personnel for undercover activities.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 7 U.S.C. 2270.

    PURPOSE(S):

    To track the identities of, and related information regarding, confidential informants, investigative operatives, and undercover OIG special agents and other law enforcement personnel.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Routine Uses 1 through 13, 16, 18, 19, and 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    The records are retrieved by name of confidential informant, investigative operative, or special agent.

    Safeguards:

    Computer files are password protected and other records are kept in limited-access areas during duty hours and in locked offices during nonduty hours.

    Retention and disposal:

    The records contained in this system are currently unscheduled. A record retention schedule will be developed and submitted to NARA for approval. No records will be destroyed until a NARA approved record retention schedule is in place.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Investigations, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    This system contains materials for which sources need not be reported.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    Pursuant to 5 U.S.C. 552a(j)(2), this system of records is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(2) and (5), this system is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a: Subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    SYSTEM OF RECORDS: USDA/OIG-3 SYSTEM NAME:

    Investigative Files and Automated Investigative Indices System, USDA/OIG.

    SECURITY CLASSIFICATION:

    Sensitive but Unclassified and/or Controlled Unclassified Information

    SYSTEM LOCATION:

    Physical files are kept in the OIG headquarters office at 1400 Independence Avenue SW., Washington, DC 20250; the Office of Compliance and Integrity, 5601 Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300; and in the OIG regional offices and Investigations suboffices listed in Appendix A. The OIG regional offices and Investigations suboffices maintain paper files containing the report of investigation and the workpapers for each case investigated by that office. The headquarters files contain a copy of every investigative report, but do not contain workpapers and may not contain copies of all correspondence. Older investigative files may be stored in Federal Records Centers or on microfiche, microfilm, or electronic image filing systems. Therefore, delays in retrieving this material can be expected. Selected portions of records have been computerized—see section 1 of “Categories of records” below. These records, used as a research tool, are accessible by computer terminals located in each OIG office. These records are maintained on a computer at 1400 Independence Avenue SW., Washington, DC 20250.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The individual names in the OIG index fall into one or more of the following categories:

    1. Subjects. These are individuals against whom allegations of wrongdoing have been made. In some instances, these individuals have been the subjects of investigations conducted by OIG to establish whether allegations were true. In other instances, the allegations were deemed too frivolous or indefinite to warrant inquiry.

    2. Principals. These are individuals who are not named subjects of investigative inquiries, but may be responsible for potential violations. For example, the responsible officers of a firm alleged to have violated laws or regulations might be individually listed in the OIG index.

    3. Complainants. These are individuals, who have not requested anonymity or confidentiality regarding their identity, who allege wrongdoing, mismanagement, or unfair treatment by USDA employees and/or relating to USDA programs.

    4. Others. These are all other individuals closely connected with a matter of investigative interest.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Records in the OIG Investigative Files and Automated Investigative Indices System consist of:

    1. Computerized records retrieved by case number or alphabetically by the names of individuals, organizations, and firms. A separate record for each contains, if applicable, identification of the OIG file or files which contain information on that subject and if such information was available when the record was created or modified; the individual's name, address, sex, race, date and place of birth, relationship to the investigation, FBI or State criminal identification number, and Social Security number;

    2. Files containing sheets of paper or microfiche of such sheets from investigative and other reports, correspondence, and informal notes and notations concerning (a) one investigative matter or (b) a number of incidents of the same sort of alleged violation or irregularity; and

    3. Where an investigation is being or will be conducted, but has not been completed, various case management records, investigator's notes, statements of witnesses, and copies of records. These are contained on cards and sheets of paper located in an OIG office or in the possession of the OIG investigator. Certain management records are retained after the investigative report is released as a means of following action taken on the basis of the OIG investigative report.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 7 U.S.C. 2270.

    PURPOSE(S):

    The records maintained in the system are used by the OIG in furtherance of the responsibilities of the Inspector General, pursuant to the Inspector General Act of 1978, as amended, to conduct and supervise investigations relating to programs and operations of the USDA; to promote economy, efficiency, and effectiveness in the administration of such programs and operations; and to prevent and detect fraud and abuse in such programs and operations.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Routine Uses 1 through 16, 18 through 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    Computerized records are retrieved alphabetically or by using the case number, with each record identifying one or more OIG investigative case files or administrative files arranged numerically by file number.

    Safeguards:

    These records are kept in limited-access areas during duty hours, in locked offices during nonduty hours, or in the possession of the investigator. Computer files are password protected.

    Retention and disposal:

    The records are retained and disposed of in compliance with OIG's record disposition authority, approved by NARA.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Investigations, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250; and the Director, Office of Compliance and Integrity, 5601 Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300.

    NOTIFICATION PROCEDURE:

    Inquiries and requests should be addressed to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    This system contains materials for which sources need not be reported.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    Pursuant to 5 U.S.C. 552a(j)(2), this system of records is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(2) and (5), this system is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a: Subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    SYSTEM OF RECORDS: USDA/OIG-4 SYSTEM NAME:

    OIG Hotline Complaint Records, USDA/OIG.

    SECURITY CLASSIFICATION:

    Sensitive but Unclassified and/or Controlled Unclassified Information

    SYSTEM LOCATION:

    In the OIG headquarters office at 1400 Independence Avenue SW., Washington, DC 20250.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    1. Complainants are persons who report or complain of possible criminal, civil, or administrative violations of law, rule, regulation, policy, or procedure, or fraud, waste, abuse, mismanagement, gross waste of funds, or abuse of authority in USDA programs or operations, or specific dangers to public health or safety, misuse of government property, personnel misconduct, discrimination, or other irregularities affecting USDA.

    2. Subjects are persons against whom such complaints are made.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    1. Identities of complainants, if known, and subjects.

    2. Details of each allegation.

    3. OIG case number and control number(s) used by other agencies for tracking each complaint.

    4. Responses from agencies to which complaints are referred for inquiry.

    5. Summaries of substantiated information and results of agency inquiry into the complaint.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 7 U.S.C. 2270.

    PURPOSE(S):

    To record complaints, allegations of wrongdoing, and requests for assistance; to document inquiries; to compile statistical information; to provide prompt, responsive, and accurate information regarding the status of ongoing cases; to provide a record of complaint disposition and to record actions taken and notifications of interested parties and agencies.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF EACH SUCH USE:

    Routine Uses 1 through 16, 18 through 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    The records are retrieved by name of subject or complainant or by case number.

    Safeguards:

    Files are kept in a limited access area and are in locked storage when not in use. Access to computerized information is protected by requiring a confidential password.

    Retention and Disposal:

    The records are retained and disposed of in compliance with OIG's record disposition authority, approved by NARA.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Investigations, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    Identities of complainants and subjects are provided by individual complainants. Additional information may be provided by individual complainants, subjects, and/or third parties.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    Pursuant to 5 U.S.C. 552a(j)(2), this system of records is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(2) and (5), this system is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a: Subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    SYSTEM OF RECORDS: USDA/OIG-5 SYSTEM NAME:

    Automated Reporting and General Operations Systems (ARGOS), USDA/OIG.

    SECURITY CLASSIFICATION:

    Sensitive but Unclassified and/or Controlled Unclassified Information.

    SYSTEM LOCATION:

    U.S. Department of Agriculture, National Information Technology Center, 8930 Ward Parkway, Kansas City, Missouri 64114; in the OIG headquarters office at 1400 Independence Avenue SW., Washington, DC 20250; and in OIG Regional Offices/Audit suboffices listed in Appendix A.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    OIG professional employees who participate in either audit or investigative assignments. Subjects of investigations, principals, and others associated with investigations.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    ARGOS provides OIG management officials with a wide range of information on audit and investigative operations. The system identifies individual assignments of employees and provides information on their use of direct and indirect time, significant dates relating to each assignment, reported dollar deficiencies, recoveries, penalties, investigative prosecutions, convictions, other legal and administrative actions, and subjects of investigation. The system is used to manage audit and investigative assignments and to facilitate reporting of OIG activities to Congress and other Governmental entities. The system contains records of audit employee training history.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 7 U.S.C. 2270.

    PURPOSE(S):

    The records maintained in the system are used by the OIG in furtherance of the responsibilities of the Inspector General, pursuant to the Inspector General Act of 1978, as amended, to conduct and supervise audits and investigations relating to programs and operations of the USDA; to promote economy, efficiency, and effectiveness in the administration of such programs and operations; to prevent and detect fraud and abuse in such programs and operations; and for time management and tracking of audit training.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH:

    Routine Uses 1 through 13, 15, 16, 17, and 18 through 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    Information in the system generally can be retrieved by OIG personnel in headquarters and the regions. Information is generally retrieved by assignment number or geographic location. However, information can be retrieved by any field in the system, including subject name, and employee name.

    Safeguards:

    Normal computer security is maintained including password protection. Printouts and source documents are kept in limited-access areas during duty hours and in locked offices during nonduty hours.

    Retention and Disposal:

    The records are retained and disposed of in compliance with the General Records Schedule, NARA and OIG's record disposition authority, approved by NARA.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Audit Subsystem—Assistant Inspector General for Audit, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250. Investigations Subsystem—Assistant Inspector General for Investigations, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    Information in the system is obtained from OIG employees and from various source documents related to audit and investigative activities, including assignment letters, employee time reports, and case entry sheets.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    Pursuant to 5 U.S.C. 552a(j)(2), the Investigations Subsystem and the Investigation Employee Time System of this system of records is exempted from all provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i). Pursuant to 5 U.S.C. 552a(k)(2) and (k)(5), the Investigations Subsystem and the Investigation Employee Time System of this system is exempted from the following provisions of the Privacy Act of 1974, 5 U.S.C. 552a: Subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).

    SYSTEM OF RECORDS: USDA/OIG-6 SYSTEM NAME:

    Reserved for future use.

    SYSTEM OF RECORDS:

    USDA/OIG-7

    SYSTEM NAME:

    Freedom of Information Act and Privacy Act Request Records, USDA/OIG.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    Files are kept in the OIG headquarters office at 1400 Independence Avenue SW., Washington, DC 20250.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    This system contains records of individuals who have made requests under the Freedom of Information Act or the Privacy Act.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The request records consist of the incoming request, all correspondence developed during the processing of the request, the final reply, and any incoming requests and responses for FOIA appeals, including any litigation in U.S. District Court, and in some instances copies of requested records and records under administrative appeal.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301; 5 U.S.C. 552, 5 U.S.C. 552a.

    PURPOSE(S):

    To assist OIG in carrying out its responsibilities under the Freedom of Information Act and the Privacy Act.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Routine Uses 7, 16, 19, and 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    The records are retrieved by name or by using a control number that is assigned upon date of receipt.

    Safeguards:

    Freedom of Information Act and Privacy Act request records are stored in file cabinets in limited-access areas during duty hours and in locked offices during nonduty hours. Computerized records are maintained in a secure, password protected computer system. The computer server is maintained in a secure, access-controlled area within an access-controlled building.

    Retention and Disposal:

    The records are retained and disposed of in compliance with the General Records Schedule, NARA. Retention periods and disposal methods vary by record categories as set forth in NARA General Records Schedule 14, Information Services Records.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Counsel to the Inspector General, Office of Counsel, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    Information in this system comes from the individual making the request and from OIG employees processing the request.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    SYSTEM OF RECORDS: USDA/OIG-8 SYSTEM NAME:

    Office of Audit's Research Aggregated Data Analysis Repository (RADAR) System, USDA/OIG.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    U.S. Department of Agriculture, National Information Technology Center, 8930 Ward Parkway, Kansas City, Missouri 64114.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals who participate in programs funded, monitored, and administered by USDA; other individuals who are connected with the individuals, organizations, or firms who participate in programs funded, monitored, and administered by USDA, including the names of the subjects of OIG audits and investigations.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    RADAR houses USDA data in order to detect fraud, waste, and abuse by utilizing software to match, merge, and analyze the data associated with USDA programs and activities, program participants, and other USDA information.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301.

    PURPOSE(S):

    The records maintained in the system are used by the OIG in furtherance of the responsibilities of the Inspector General, pursuant to the Inspector General Act of 1978, as amended, to conduct and supervise audits relating to programs and operations of the USDA; to promote economy, efficiency, and effectiveness in the administration of such programs and operations; and to prevent and detect fraud and abuse in such programs and operations.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES:

    Routine Uses 1 through 16, 19, 20, and 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The RADAR System consists of computerized and paper records.

    Retrievability:

    The records are retrieved by names, addresses, Social Security numbers, and tax identification numbers of USDA program participants or by case numbers.

    Safeguards:

    Computerized records are maintained in a secure, password protected computer system. The computer server is maintained in a secure, access-controlled area within an access-controlled building. Paper records are kept in limited access areas during duty hours and in locked offices during non-duty hours.

    Retention and Disposal:

    The records are retained and disposed of in compliance with OIG's record disposition authority, approved by NARA.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Audit, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308. This system may contain records originated by USDA agencies and contained in the USDA's other systems of records. Where appropriate, coordination will be effected with the appropriate USDA agency regarding an individual's contesting of records in the relevant system of records.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    SYSTEM OF RECORDS: USDA/OIG-9 SYSTEM NAME:

    Audit Records.

    SECURITY CLASSIFICATION:

    None.

    SYSTEM LOCATION:

    U.S. Department of Agriculture, National Information Technology Center, 8930 Ward Parkway, Kansas City, Missouri 64114; OIG headquarters office, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250; and OIG Audit regional offices and suboffices, listed in Appendix A.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals covered consist of: (1) USDA program participants and USDA employees who are associated with an activity that OIG is auditing or reviewing; (2) requesters of an OIG audit or other activity; and (3) persons and entities performing some other role of significance to the OIG's efforts, such as relatives or business associates of USDA program participants or employees, potential witnesses, or persons who represent legal entities that are connected to an OIG audit or other activity. The system also tracks information pertaining to OIG staff handling the audit or other activity, and may contain names of relevant staff in other agencies and private sector entities.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Records consist of materials compiled and/or generated in connection with audits and other activities performed by OIG staff. These materials include workpapers and information regarding the planning, conduct, and resolution of audits and reviews of USDA programs and participants in those programs, internal legal assistance requests, information requests, responses to such requests, and reports of findings. The information consists of audit work papers and reports.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    IG Act of 1978, 5 U.S.C. app. 3; 5 U.S.C. 301.

    PURPOSE(S):

    The purpose of this system is to maintain a management information system for USDA OIG audit projects and personnel and to assist in the accurate and timely conduct of audits.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Routine Uses 1 through 16, 19, 20, and 21 apply.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosures pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: Storage:

    The system consists of computerized and paper records.

    Retrievability:

    Information in the system generally can be retrieved by OIG personnel in headquarters and the regions. Information is generally retrieved by audit assignment number. However, information can be retrieved by using alphanumeric queries and personal identifiers.

    Safeguards:

    Normal computer security is maintained including password protection. File folders are kept in limited-access areas during duty hours and in locked offices during nonduty hours.

    Retention and Disposal:

    The records are retained and disposed of in compliance with OIG's record disposition authority, approved by NARA.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    Assistant Inspector General for Audit, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250.

    NOTIFICATION PROCEDURE:

    Any individual may request information regarding this system of records, or information as to whether the system contains records pertaining to him/her, from the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD ACCESS PROCEDURES:

    An individual may request access to a record in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    CONTESTING RECORDS PROCEDURES:

    An individual may contest information in this system which pertains to him/her by submitting a written request to the Counsel to the Inspector General, Office of Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 2308, Washington, DC 20250-2308.

    RECORD SOURCE CATEGORIES:

    Information in the system is obtained from various source documents related to audits, including USDA, other federal agencies, the Government Accountability Office, law enforcement agencies, program participants including individuals and business entities, subject individuals, complainants, witnesses, and other non-governmental sources.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    Appendix A OIG Regional Offices/Investigations Northeast Region/Investigations, 26 Federal Plaza, Room 1409, New York, New York 10278-0004 Southeast Region/Investigations, 401 West Peachtree Street NW., Room 2329, Atlanta, Georgia 30308 Midwest Region/Investigations, 111 North Canal Street, Suite 325, Chicago, Illinois 60606-7295 Southwest Region/Investigations, 101 South Main, Room 311, Temple, Texas 76501 Western Region/Investigations, 1333 Broadway, Suite 400, Oakland, California 94612 OIG Regional Offices/Audit Eastern Region/Audit, 5601 Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300 Midwestern Region/Audit, 8930 Ward Parkway, Suite 3016 Kansas City, MO 64114 Western Region/Audit, 1333 Broadway, Suite 400, Oakland, California 94612 OIG/Audit Sub Offices 401 West Peachtree Street NW., Room 2328, Atlanta, Georgia 30308 111 North Canal Street, Suite 325, Chicago, Illinois 60606-7295 3811 NW 40th Terrace, Suite 200, Gainesville, Florida 32606 233 Cumberland Bend, Room 118, Nashville, Tennessee 37228 4407 Bland Road, Room 200, Raleigh, North Carolina 27609 299 East Broward Boulevard, Federal Building, Room 410, Box 14, Ft. Lauderdale, Florida 33301 200 North High Street, Room 346, Columbus, Ohio 43215-2408 375 Jackson Street, Suite 300, St. Paul, Minnesota 55101-1850 1114 Commerce Street, Santa Fe Building, Suite 202, Dallas, Texas 75242 100 Centennial Mall North, Room 276, Lincoln, Nebraska 68508 101 South Main, Room 324, Temple, Texas 76501 13800 Old Gentilly Road, Building 350, Post L4, New Orleans, Louisiana 70129 4300 Goodfellow Boulevard, Building 104F, 2nd Floor, Pole L2, St. Louis, Missouri 63120 100 SW Main Street, Suite 625, Portland, Oregon 97204-2893 OIG/Investigations Sub Offices 5601 Sunnyside Avenue, Suite 2-2230, Beltsville, Maryland 20705-5300 660 American Avenue, Suite 201, King of Prussia, Pennsylvania 19406-4032 Federal Building, 400 North 8th Street, Room 526, Richmond, Virginia 23240-1001 1 Stiles Road, Suite 304, Salem, New Hampshire 03079 344 West Genesee Street, Suite 202, Syracuse, New York 13202 700 Grant Street, Suite 2110, Pittsburgh, Pennsylvania 15219 233 Cumberland Bend, Room 118, Nashville, Tennessee 37228 950 22nd Street North, Suite 976, Birmingham, Alabama 35203-3702 DHS/HIS—RAC/Sarasota, 3614 3rd Street West, Bradenton, Florida 34205 3811 NW 40th Terrace, Suite 200, Gainesville, Florida 32606 299 East Broward Boulevard, Federal Building, Room 410, Box 14, Ft. Lauderdale, Florida 33301 P.O. Box 952973, Lake Mary, Florida 32795 U.S. Courthouse Building, 601 West Broadway, Room 617, Louisville, Kentucky 40202 4407 Bland Road, Room 110, Raleigh, North Carolina 27609 200 North High Street, Room 350, Columbus, Ohio 43215-2408 3720 Benner Road, Miamisburg, Ohio 45342 2852 Eyde Parkway, Suite 220, East Lansing, Michigan 48823-6321 P.O. Box 768, Indian River, Michigan 49749 6039 Lakeside Boulevard, Indianapolis, Indiana 46278-1989 Metzenbaum U.S. Courthouse, 201 Superior, Suite 550, Cleveland, Ohio 44114 375 Jackson Street, Suite 300, St. Paul, Minnesota 55101-1850 210 Walnut Street, Suite 573, Des Moines, Iowa 50309 5000 South Broadband Lane, Suite 117, Sioux Falls, South Dakota 57108-2261 304 East Broadway, Room 336, Bismarck, North Dakota 58501 103 Holmes Street East #118, Detroit Lakes, Minnesota 56501 3120 South Business Drive, #291, Sheboygan, Wisconsin 53081 1114 Commerce Street, Santa Fe Building, Suite 202, Dallas, Texas 75242 111 East Capitol Street, Suite 425, Jackson, Mississippi 39201 Southwood Tower, 19221 I-45 South, Suite 350, Shenandoah, Texas 77385 700 West Capitol, Room 2528, Little Rock, Arkansas 72201 F. Edward Hebert Building, 600 South Maestri Place, Room 833, New Orleans, Louisiana 70130 215 Dean A. McGee Street, Room 416, Oklahoma City, Oklahoma 73102 8930 Ward Parkway, Suite 3016, Kansas City, Missouri 64114 1222 Spruce Street, Room 2.202E, St. Louis Missouri 63103 100 Centennial Mall North, Room 282, Lincoln, Nebraska 68508 300 5th Avenue, Suite 750, Seattle, Washington 98104-3616 21660 E Copley Drive, Suite 370, Diamond Bar, California 91765 401 West Washington St., Space 77, Suite 425, Phoenix, Arizona 85003-2162 FBI, 5425 West Amelia Earhart Drive, Salt Lake City, Utah 84116 501 I Street, Suite 12-200, Sacramento, California 95814 100 SW Main Street, Suite 625, Portland, Oregon 97204-2893 2440 Tulare Street, Suite 230, Fresno, California 93721-2249 610 West Ash Street, Suite 703, San Diego, California 92101-3346 Denver Federal Center, Building 67, Room 112, 1 Denver Federal Center, Denver, Colorado 80225
    [FR Doc. 2015-19854 Filed 8-12-15; 8:45 am] BILLING CODE 3410-23-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2015-0048] Monsanto Company; Availability of Petition for Determination of Nonregulated Status for Maize Genetically Engineered for Resistance to Dicamba and Glufosinate AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from the Monsanto Company (Monsanto) seeking a determination of nonregulated status for maize designated as MON 87419, which has been genetically engineered for resistance to the herbicides dicamba and glufosinate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Monsanto petition available for review and comment to help us identify potential issues and impacts that APHIS should be considering in our evaluation of the petition.

    DATES:

    We will consider all comments that we receive on or before October 13, 2015.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0048.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0048, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    The petition and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0048 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    The petition is also available on the APHIS Web site at: http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under APHIS petition number 15-113-01p, or by contacting Ms. Cindy Eck at (301) 851-3892; email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Dr. John Turner, Director, Environmental Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236; (301) 851-3954, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered (GE) organisms and products are considered “regulated articles.”

    The regulations in § 340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.

    APHIS has received a petition (APHIS Petition Number 15-113-01p) from the Monsanto Company (Monsanto) of St. Louis, MO, seeking a determination of nonregulated status for maize (Zea mays) designated as event MON 87419 which has been genetically engineered for resistance to the herbicides dicamba and glufosinate. The Monsanto petition states that information collected during field trials and laboratory analyses indicates that MON 87419 maize is unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS' regulations in 7 CFR part 340.

    MON 87419 maize is currently regulated under 7 CFR part 340. Interstate movements and field tests of MON 87419 maize have been authorized by APHIS. Field tests conducted under APHIS oversight allowed for evaluation in a natural agricultural setting while imposing measures to minimize the risk of persistence in the environment after completion of the tests. Data are gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk.

    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the Federal Register providing 60 days for public comment for petitions for a determination of nonregulated status. On March 6, 2012, we published in the Federal Register (77 FR 13258-13260, Docket No. APHIS-2011-0129) a notice 1 describing our process for soliciting public comment when considering petitions for determinations of nonregulated status for GE organisms. In that notice we indicated that APHIS would accept written comments regarding a petition once APHIS deemed it complete.

    1 To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.

    In accordance with § 340.6(d) of the regulations and our process for soliciting public input when considering petitions for determinations of nonregulated status for GE organisms, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review and comment, and copies are available as indicated under ADDRESSES above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments. We also request that, when possible, commenters provide relevant information regarding specific localities or regions as maize growth, crop management, and crop utilization may vary considerably by geographic region.

    After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. Any substantive issues identified by APHIS based on our review of the petition and our evaluation and analysis of comments will be considered in the development of our decisionmaking documents.

    As part of our decisionmaking process regarding a GE organism's regulatory status, APHIS prepares a plant pest risk assessment to assess its plant pest risk and the appropriate environmental documentation—either an environmental assessment (EA) or an environmental impact statement (EIS)—in accordance with the National Environmental Policy Act (NEPA), to provide the Agency with a review and analysis of any potential environmental impacts associated with the petition request. For petitions for which APHIS prepares an EA, APHIS will follow our published process for soliciting public comment (see footnote 1) and publish a separate notice in the Federal Register announcing the availability of APHIS' EA and plant pest risk assessment. Should APHIS determine that an EIS is necessary, APHIS will complete the NEPA EIS process in accordance with Council on Environmental Quality regulations (40 CFR parts 1500 through 1508) and APHIS' NEPA implementing regulations (7 CFR part 372).

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 10th day of August 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2015-19925 Filed 8-12-15; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Siuslaw Resource Advisory Committee Meeting AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Siuslaw Resource Advisory Committee (RAC) will meet in Corvallis, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. Additional RAC information, including the meeting agenda and the meeting summary/minutes can be found at the following Web site: http://www.fs.usda.gov/main/siuslaw/workingtogether/advisorycommittees.

    DATES:

    The meeting will be held on September 25, 2015 from 9 a.m. to 5 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at the Corvallis Forestry Sciences Lab and Siuslaw National Forest Supervisor's Office at 3200 SW. Jefferson Way, Corvallis, OR 97331. Members of the public may attend in person or join by video-teleconference from Forest Service facilities in Hebo, Waldport, or Reedsport, Oregon.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Siuslaw National Forest Supervisor's Office in Corvallis, Oregon. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Lisa Romano, Public Affairs Staff Officer, by phone at 541-750-7075 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is:

    1. To conduct RAC business, elect a RAC chairperson, set the 2015 fiscal year overhead rate, share information, provide a public forum, and review and select Secure Rural Schools Title II projects for funding.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request to do so in writing by September 5, 2015, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Lisa Romano, Public Affairs Staff Officer, 3200 SW Jefferson Way, Corvallis, OR 97331; or by email to [email protected]

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: August 4, 2015. Jeremiah C. Ingersoll, Forest Supervisor.
    [FR Doc. 2015-19663 Filed 8-12-15; 8:45 am] BILLING CODE 3411-15-M
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    On behalf of the Committee for the Implementation of Textile Agreements (CITA), the Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: International Trade Administration.

    Title: Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States-Colombia Trade Promotion Agreement.

    Form Number(s): N/A.

    OMB Control Number: 0625-0272.

    Type of Request: Regular submission.

    Burden Hours: 89.

    Number of Respondents: 16 (10 for Requests; 3 for Responses; 3 for Rebuttals).

    Average Hours per Response: 8 hours per Request; 2 hours per Response; and 1 hour per Rebuttal.

    Needs and Uses: Title II, Section 203(o) of the United States-Colombia Trade Promotion Agreement Implementation Act (the “Act”) [Public Law 112-42] implements the commercial availability provision provided for in Article 3.3 of the United States-Colombia Trade Promotion Agreement (the “Agreement”). The Agreement entered into force on May 15, 2012. Subject to the rules of origin in Annex 4.1 of the Agreement, and pursuant to the textile provisions of the Agreement, a fabric, yarn, or fiber produced in Colombia or the United States and traded between the two countries is entitled to duty-free tariff treatment. Annex 3-B of the Agreement also lists specific fabrics, yarns, and fibers that the two countries agreed are not available in commercial quantities in a timely manner from producers in Colombia or the United States. The fabrics listed are commercially unavailable fabrics, yarns, and fibers, which are also entitled to duty-free treatment despite not being produced in Colombia or the United States.

    The list of commercially unavailable fabrics, yarns, and fibers may be changed pursuant to the commercial availability provision in Chapter 3, Article 3.3, Paragraphs 5-7 of the Agreement. Under this provision, interested entities from Colombia or the United States have the right to request that a specific fabric, yarn, or fiber be added to, or removed from, the list of commercially unavailable fabrics, yarns, and fibers in Annex 3-B of the Agreement.

    Chapter 3, Article 3.3, paragraph 7 of the Agreement requires that the President “promptly” publish procedures for parties to exercise the right to make these requests. Section 203(o)(4) of the Act authorizes the President to establish procedures to modify the list of fabrics, yarns, or fibers not available in commercial quantities in a timely manner in either the United States or Colombia as set out in Annex 3-B of the Agreement. The President delegated the responsibility for publishing the procedures and administering commercial availability requests to the Committee for the Implementation of Textile Agreements (“CITA”), which issues procedures and acts on requests through the U.S. Department of Commerce, Office of Textiles and Apparel (“OTEXA”) (See Proclamation No. 8818, 77 FR 29519, May 18, 2012).

    The intent of the Commercial Availability Procedures is to foster the use of U.S. and regional products by implementing procedures that allow products to be placed on or removed from a product list, on a timely basis, and in a manner that is consistent with normal business practice. The procedures are intended to facilitate the transmission of requests; allow the market to indicate the availability of the supply of products that are the subject of requests; make available promptly, to interested entities and the public, information regarding the requests for products and offers received for those products; ensure wide participation by interested entities and parties; allow for careful review and consideration of information provided to substantiate requests and responses; and provide timely public dissemination of information used by CITA in making commercial availability determinations.

    CITA must collect certain information about fabric, yarn, or fiber technical specifications and the production capabilities of Colombian and U.S. textile producers to determine whether certain fabrics, yarns, or fibers are available in commercial quantities in a timely manner in the United States or Colombia, subject to Section 203(o) of the Act.

    Affected Public: Business or other for-profit.

    Frequency: Varies.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA [email protected] or fax to (202) 395-5806.

    Dated: August 10, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-19903 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    Agency: U.S. Census Bureau.

    Title: Advance Monthly Retail Trade Survey (MARTS).

    OMB Control Number: 0607-0104.

    Form Number(s): SM-4412A, SM-4412AE, SM-4412AS, and SM-7212A.

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 4,900.

    Average Hours per Response: 5 minutes.

    Burden Hours: 4,900.

    Needs and Uses: The Advance Monthly Retail Trade Survey (MARTS) is administered monthly to a sample of employer firms (i.e., businesses with paid employees) with establishments located in the United States and classified in retail trade and/or food services sectors as defined by the North American Industry Classification System (NAICS). MARTS began in 1953 as a monthly survey for activity taking place during the previous month. MARTS was developed in response to requests by government, business, and other users to provide an early indication of current retail trade activity in the United States. Retail sales are one of the primary measures of consumer demand for both durable and non-durable goods. MARTS also provides an estimate of monthly sales at food service establishments and drinking places.

    The results from MARTS provide the earliest possible look at consumer spending. Without MARTS, the Census Bureau's earliest measure of retail sales is the “preliminary” estimate from the full monthly sample, Month Retail Trade Survey (MRTS), released approximately 6 weeks after the end of the reference month. Advance estimates are released approximately 9 working days after the reference month.

    This survey uses a multi-mode data collection process that includes Internet reporting (Centurion), fax, telephone, and mail. The survey requests sales and e-commerce sales for the month just ending. If reporting data for a period other than the calendar month, the survey asks for the period's length (4 or 5 weeks) and the date on which the period ended. The survey also asks for the number of establishments covered by the data provided and whether or not the sales data provided are estimates or more accurate “book” figures.

    The survey results are published on the Census Bureau's Web site, http://www.census.gov/retail.

    The U.S. Census Bureau tabulates the collected data to provide, with measured reliability, statistics on United States retail sales. These estimates are especially valued by data users because of their timeliness. There would be approximately a 6 week delay in the availability of these statistics if this survey were not conducted.

    The sales estimates are used by the Bureau of Economic Analysis (BEA), Council of Economic Advisers (CEA), Federal Reserve Board (FRB), Bureau of Labor Statistics (BLS), and other government agencies, as well as business users in formulating economic decisions.

    BEA uses the survey results as critical inputs to the calculation of the personal consumption expenditures component (PCE) of Gross Domestic Product (GDP). Specifically, BEA Chief Statistician states “this important survey is our main data source for key components of BEA's economic statistics. Data on retail sales are used to prepare monthly estimates of personal consumption expenditures component of gross domestic product for all PCE goods categories, except tobacco, prescription drugs, motor vehicles, and gasoline end oil. These estimates are also published each month in the Personal Income and Outlays press release”. In first quarter 2015, PCE comprised 68 percent of total GDP. PCE Goods (retail) was 32 percent of the PCE estimate.

    CEA and other government agencies and businesses use the survey results to formulate and make decisions. CEA reports the retail data, one of the principal federal economic indicators, to the President each month for awareness on the current picture on the “state of the economy” and presents the data in one of the tables in Economic Indicators, a monthly publication prepared for Congress and the public. In addition, CEA's Macroeconomic Forecaster uses the retail sales data, one of the key monthly data releases each month, to keep track of real economic growth in the current quarter. According to CEA, spending components in the retail sales report constitute about 25 percent of the GDP, well in excess of any other indicator.

    Policymakers such as the FRB need to have the timeliest estimates in order to anticipate economic trends and act accordingly. BLS uses the estimates to develop consumer price indexes used in inflation and cost of living calculations. In addition, businesses use the estimates to measure how they are performing and predict future demand for their products.

    Affected Public: Business or other for-profit.

    Frequency: Monthly.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13, United States Code, sections 131 and 182.

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: August 10, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-19911 Filed 8-12-15; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: International Trade Administration.

    Title: Procedures for Considering Requests and Comments from the Public for Textile and Apparel Safeguard Actions on Imports from Colombia.

    Form Number(s): None.

    OMB Control Number: 0625-0271.

    Type of Request: Regular submission.

    Burden Hours: 24.

    Number of Respondents: 6 (1 for Request; 5 for Comments).

    Average Hours per Response: 4 hours for a Request; and 4 hours for each Comment.

    Average Annual Cost to Public: $960.

    Needs and Uses: Title III, Subtitle B, Section 321 through Section 328 of the United States-Colombia Trade Promotion Agreement Implementation Act (the “Act”) [Pub. L. 112-42] implements the textile and apparel safeguard provisions, provided for in Article 3.1 of the United States-Colombia Trade Promotion Agreement (the “Agreement”). This safeguard mechanism applies when, as a result of the elimination of a customs duty under the Agreement, a Colombian textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof to a U.S. industry producing a like or directly competitive article. In these circumstances, Article 3.1 permits the United States to increase duties on the imported article from Colombia to a level that does not exceed the lesser of the prevailing U.S. normal trade relations (NTR)/most-favored-nation (MFN) duty rate for the article or the U.S. NTR/MFN duty rate in effect on the day before the Agreement entered into force.

    The Statement of Administrative Action accompanying the Act provides that the Committee for the Implementation of Textile Agreements (CITA) will issue procedures for requesting such safeguard measures, for making its determinations under section 322(a) of the Act, and for providing relief under section 322(b) of the Act.

    In Proclamation No. 8818 (77 FR 29519, May 18, 2012), the President delegated to CITA his authority under Subtitle B of Title III of the Act with respect to textile and apparel safeguard measures.

    CITA must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Colombia, thereby allowing CITA to take corrective action to protect the viability of the domestic textile or apparel industry, subject to section 322(b) of the Act.

    Affected Public: Individuals or households; business or other for-profit organizations.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA [email protected] or fax to (202) 395-5806.

    Dated: August 10, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-19899 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Economic Analysis Proposed Information Collection; Comment Request; Services Surveys: BE-185, Quarterly Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons AGENCY:

    Bureau of Economic Analysis, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Written comments must be submitted on or before October 13, 2015.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230, or via email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Christopher Stein, Chief, Services Surveys Branch (SSB) BE-50, Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone: (202) 606-9850; fax: (202) 606-5318; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The Quarterly Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons (BE-185) is a survey that collects data from U.S. financial services providers that engage in covered transactions with foreign persons in financial services. A U.S. person must report if it had sales of covered services to foreign persons that exceeded $20 million for the previous fiscal year, or that are expected to exceed that amount during the current fiscal year, or if it had purchases of covered services from foreign persons that exceeded $15 million for the previous fiscal year, or that are expected to exceed that amount during the current fiscal year.

    The data collected on the survey are needed to monitor U.S. trade in services, to analyze the impact of U.S. trade on the U.S. and foreign economies, to compile and improve the U.S. economic accounts, to support U.S. commercial policy on trade in services, to conduct trade promotion, and to improve the ability of U.S. businesses to identify and evaluate market opportunities. The data are used in estimating the financial services component of the U.S. international transactions accounts and national income and product accounts.

    The Bureau of Economic Analysis (BEA) is proposing minor additions and modifications to the current BE-185 survey. The effort to keep current reporting requirements generally unchanged is intended to minimize respondent burden while considering the needs of data users. Existing language in the instructions and definitions will be reviewed and adjusted as necessary to clarify survey requirements.

    II. Method of Collection

    Form BE-185 is a quarterly report that must be filed within 45 days after the end of each fiscal quarter, or within 90 days after the close of the fiscal year. BEA offers its electronic filing option, the eFile system, for reporting on Form BE-185. For more information about eFile, go to www.bea.gov/efile.

    III. Data

    OMB Control Number: 0608-0065.

    Form Number: BE-185.

    Type of Review: Regular submission.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Responses: 2,700 annually (675 filed each quarter: 550 reporting mandatory data, and 125 that would file other responses).

    Estimated Time per Response: 10 hours is the average for those reporting data, and 1 hour is the average for other responses, but hours may vary considerably among respondents because of differences in company size and complexity.

    Estimated Total Annual Burden Hours: 22,500.

    Estimated Total Annual Cost to Public: $0.

    Respondent's Obligation: Mandatory.

    Legal Authority: International Investment and Trade in Services Survey Act (Public Law 94-472, 22 U.S.C. 3101-3108, as amended) and Section 5408 of the Omnibus Trade and Competitiveness Act of 1988.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: August 7, 2015. Glenna Mickelson, Management Analyst, Office of Chief Information Officer.
    [FR Doc. 2015-19880 Filed 8-12-15; 8:45 am] BILLING CODE 3510-06-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Initiation of Antidumping Duty Changed Circumstances Review AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Timken Company (the petitioner) has filed a request for the Department of Commerce (the Department) to initiate a changed circumstances review of the antidumping duty order on tapered roller bearings (TRBs) and parts thereof from the People's Republic of China (PRC). The petitioner alleges that Shanghai General Bearing Co., Ltd. (SGBC/SKF), a PRC TRBs producer previously revoked from the antidumping duty order, has resumed sales at prices below normal value (NV). Therefore, the petitioner requests that the Department conduct a review to determine whether to reinstate the antidumping duty order with respect to SGBC/SKF.

    In accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), the Department finds the information submitted by the petitioner sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on TRBs from the PRC with respect to SGBC/SKF. The period of review (POR) is June 1, 2014, through May 31, 2015.

    In this changed circumstances review, we will determine whether SGBC/SKF sold TRBs at less than NV subsequent to its revocation from the order. If we determine in this changed circumstances review that SGBC/SKF sold TRBs at less than NV and resumed dumping, effective on the date of publication of our final results, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of TRBs manufactured and exported by SGBC/SKF.

    DATES:

    Effective date: August 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Alice Maldonado, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4682.

    SUPPLEMENTARY INFORMATION:

    On June 15, 1987, the Department published the antidumping duty order on TRBs from the PRC.1 On February 11, 1997, the Department conditionally revoked the TRBs Order with respect to merchandise produced and exported by SGBC/SKF,2 based on a finding of three years of no dumping.3

    1See Antidumping Duty Order; Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People's Republic of China, 52 FR 22667 (June 15, 1987) (TRBs Order).

    2 SGBC/SKF is currently part of a group of companies owned by AB SKF (SKF) in Sweden. See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Notice of Final Results of Changed Circumstances Review, 80 FR 19070 (April 9, 2015) and accompanying Issues and Decision Memorandum (SII CCR) at Comment 1. At the time of revocation, SGBC was not part of this group. However, the Department conducted a changed circumstances review after the company's change in ownership, and we found that SGBC/SKF is the successor in interest to the company as it existed at the time of revocation. Id.

    3 The three administrative reviews forming the basis of the revocation are: (1) The June 1, 1991, through May 31, 1992, review; (2) the June 1, 1992, through May 31, 1993, review; and (3) the June 1, 1993, through May 31, 1994, review. See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China; Final Results of Antidumping Duty Administrative Reviews, 61 FR 65527 (December 13, 1996) (for the 1991-1992 and 1992-1993 reviews); see also Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China; Final Results of Antidumping Duty Administrative Review and Revocation in Part of Antidumping Duty Order, 62 FR 6189 (February 11, 1997) (for the 1993-1994 review) (SGBC/SKF Revocation).

    The regulatory provision governing partial revocation at the time of SGBC/SKF's revocation was 19 CFR 353.25 (1997). The relevant language remained substantively unchanged when 19 CFR 353.25 was superseded by 19 CFR 351.222 in 1997. See Antidumping Duties; Countervailing Duties: Notice of Proposed Rulemaking and Request for Public Comments, 61 FR 7308 (February 27, 1996) (1996 Notice of Proposed Rulemaking); see also Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27325-26, 27399-402 (May 19, 1997) (Preamble). The portion of 19 CFR 351.222 related to partial revocations of orders as to specific companies has been revoked for all reviews initiated on or after June 20, 2012. See Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders: Final Rule, 77 FR 29875 (May 21, 2012) (Revocation Final Rule).

    On February 20, 2013, the petitioner alleged that, since its conditional revocation from the TRBs Order, there is evidence that SGBC/SKF has resumed dumping TRBs in the United States. The petitioner notes that SGBC/SKF agreed in writing to reinstatement in the antidumping duty order if it were found to have resumed dumping and it requests that, because SGBC/SKF violated this agreement, the Department initiate a changed circumstances review to determine whether to reinstate SGBC/SKF into the TRBs Order.4

    4See the petitioner's February 20, 2013, letter to the Department (CCR Request).

    In its February 2013, submission, the petitioner provided evidence supporting its allegation. Specifically, the petitioner compared invoice prices to an unaffiliated U.S. customer submitted by SGBC/SKF as part of an application for a separate rate in the 2011-2012 administrative review on TRBs from the PRC to NVs computed using data from the same segment of the proceeding related to another company, Changshan Peer Bearing Co., Ltd. (CPZ/SKF).5

    5See CCR Request, at 10.

    In March 2013, the Department requested further information from the petitioner regarding the basis of its allegation, which the petitioner supplied in July 2013. Also in July 2013, SGBC/SKF objected to the petitioner's request for a changed circumstances review, and the petitioner responded to those comments in August 2013.

    From August through November 2013, the Department requested that the petitioner provide additional information to support and/or clarify its allegation. The petitioner responded to these requests during the same time period.

    In January 2014, the Department deferred the decision of whether to initiate the changed circumstances review requested by the petitioner, pending a determination in another changed circumstances review (i.e., where the Department was examining whether SGBC/SKF was the successor in interest to the company that existed at the time of revocation from the antidumping duty order).6 The Department completed that successor-in-interest changed circumstances review in April 2015, finding SGBC/SKF to be the successor to the revoked company.7

    6See the memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Alan Ray, Senior Analyst, Antidumping and Countervailing Duty Operations, entitled “Deferment of Decision on Initiation of Changed Circumstances Review of the Antidumping Duty Order on Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China,” dated January 7, 2014.

    7See SII CCR.

    In May and June 2015, the Department requested additional information from the petitioner regarding its request for a changed circumstances review. The petitioner responded to these requests in the same months, and SGBC/SKF submitted comments related to the former of these submissions in June 2015.

    Scope of the Review

    Imports covered by the order are shipments of tapered roller bearings and parts thereof, finished and unfinished, from the PRC; flange, take up cartridge, and hanger units incorporating tapered roller bearings; and tapered roller housings (except pillow blocks) incorporating tapered rollers, with or without spindles, whether or not for automotive use. These products are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 8482.20.00, 8482.91.00.50, 8482.99.15, 8482.99.45, 8483.20.40, 8483.20.80, 8483.30.80, 8483.90.20, 8483.90.30, 8483.90.80, 8708.70.6060, 8708.99.2300, 8708.99.4850, 8708.99.6890, 8708.99.8115, and 8708.99.8180. Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.

    Allegation of Resumed Dumping

    In its February 2013 submission, the petitioner provided an invoice to an unaffiliated U.S. customer of SGBC/SKF as the basis for U.S. price, and it provided factors of production (FOPs) reported by CPZ/SKF in another segment of this proceeding and surrogate value (SV) information as the basis for NV. Specifically, the petitioner's information was obtained from the 2011-2012 administrative review on TRBs from the PRC,8 and the petitioner used this information to argue that SGBC/SKF sold TRBs at less than NV during that review period.

    8See CCR Request, at Attachment 1.

    The petitioner provided an alternative allegation in August 2013 to take into account certain objections raised by SGBC/SKF.9 In May and June 2015, at the Department's request, the petitioner provided additional calculations, based on data contained in the same source document used to make the initial allegation, to demonstrate that its initial allegation was representative of SGBC/SKF's broader overall selling practices during the period covered by the 2011-2012 administrative review.10

    9See the petitioner's August 9, 2013 submission.

    10See the petitioner's June 24, 2015 submission.

    The allegation of resumed dumping upon which the Department has based its decision to initiate a changed circumstances review is detailed below. The sources of data for the adjustments that the petitioner calculated relating to NV and U.S. price are discussed in greater detail in the Changed Circumstances Review Initiation Checklist, dated concurrently with this notice. Should the need arise to use any of this information as facts available under section 776 of the Act, we may reexamine the information and revise the margin calculation, if appropriate.

    1. Export Price (EP)

    The petitioner based U.S. price upon sales documents submitted by SGBC/SKF in a separate rate application, dated October 15, 2012, in the 2011-2012 administrative review on TRBs from the PRC. The invoice identifies prices for three TRB models sold by SGBC/SKF to an unaffiliated U.S. customer.11 The petitioner subsequently revised its allegation to remove one of these models from its calculations because it was unable to provide contemporaneous NV information for this product.12 In May and June 2015, to demonstrate that the prices upon which the petitioner based its allegation were representative of SGBC/SKF's broader selling activity during the 2011-2012 review period, the petitioner provided three sets of additional margin calculations based on sales contained in SGBC/SKF's separate rate application that were made by SGBC/SKF to an affiliated U.S. importer.

    11Id.

    12See the petitioner's August 29, 2013 submission at 2.

    2. NV

    In accordance with section 773(c)(1) of the Act, to determine NV, the petitioner used the FOPs submitted by CPZ/SKF, the sole respondent in the 2011-2012 administrative review on TRBs from the PRC, and it valued those FOPs using SV data and surrogate financial statements taken from the same segment of the proceeding.13

    13See Changed Circumstances Review Initiation Checklist.

    In addition, on August 9, 2013, the petitioner provided an alternative calculation of NV in order to address comments made by SGBC/SKF.14 For further discussion, see below.

    14See the petitioner's August 9, 2013 submission at 5.

    3. Alleged Margins of Dumping

    Based upon the information summarized above, the petitioner alleges that there is evidence that SGBC/SKF has resumed dumping TRBs in the United States that is sufficient to warrant initiation of a changed circumstances review to determine whether SGBC/SKF should be reinstated into the antidumping duty order. The petitioner estimated a margin of 26 percent. To demonstrate that this margin is representative of SGBC/SKF's broader selling experience, the petitioner also calculated several additional non-de minimis margins using the data in its May 22, 2015, submission.15

    15 These calculations were revised at the Department's request on June 24, 2015. The petitioner has designated the alternative margins in both submissions as business proprietary. See Changed Circumstances Review Initiation Checklist.

    Comments by Interested Parties

    As noted above, on July 23, 2013, SGBC/SKF submitted comments on the petitioner's request that the Department initiate a changed circumstances review.16 In these comments, SGBC/SKF contended that the evidence provided by the petitioner fails to provide a reasonable indication that SGBC/SKF has resumed dumping because: (1) The petitioner's allegation is based on a miniscule sample of U.S. sales, rendering the U.S. price data in the allegation unrepresentative of SGBC/SKF's broader selling experience; (2) the petitioner's calculations are not based on SGBC/SKF's own FOP data, but rather are based on the FOPs provided by CPZ/SKF, an entirely different company, and the petitioner provided no factual basis to demonstrate that CPZ/SKF's FOPs provide an accurate estimate of SGBC/SKF's own FOPs or that CPZ/SKF's and SGBC/SKF's product mixes during the POR were similar; and (3) the petitioner's calculations fail to use the market economy steel prices deemed by the Department to be the best information to value CPZ/SKF's steel bar purchases during the 2011-2011 administrative review.17 Further, SGBC/SKF argued that, even if the small number of U.S. sales covered by petitioner's allegation represented sales below NV, this alone does not provide an indication of overall dumping because it does not take into account the fact that the Department's current practice is to offset lower-priced sales with higher prices on other products.18 According to SGBC/SKF, initiating a changed circumstances review with such flaws would be unreasonable.

    16See SGBC/SKF's letter dated July 23, 2013.

    17Id.

    18Id.

    On August 9, 2013, the petitioner responded to these comments.19 The petitioner noted that the U.S. price data in its allegation were taken from an actual sale made by SGBC/SKF, and thus it is reasonably likely that the sale of the products at issue is representative not only of other sales of the same part numbers (as these products fall within SGBC/SKF's U.S. product line) but also of SGBC/SKF's other products in general.20 Moreover, the petitioner stated that these data were the only information reasonably available to it and, therefore, they provide reasonable grounds for the Department to initiate a changed circumstances review.21

    19See the petitioner's August 9, 2013 submission.

    20Id. at 3.

    21Id. at 2. Subsequent to this submission, in June 2015, the petitioner provided several calculations to support its contention that the margins contained in the original allegation are representative of SGBC/SKF's selling practices; the petitioner based these calculations on additional SGBC/SKF data contained on the record of the 2011-2012 administrative review proceeding. See the petitioner's June 24, 2015 submission.

    Similarly, the petitioner disagreed that use of CPZ/SKF's FOP information yields an inaccurate picture of SGBC/SKF's production costs. The petitioner noted that, in 2008, CPZ/SKF was acquired by SKF, the world's largest bearing company.22 Consequently, the petitioner argued that not only is SKF an efficient producer of TRBs, but also as owner of CPZ/SKF, it has improved the efficiency of CPZ/SKF's production facilities. Therefore, the petitioner claims that CPZ/SKF's FOPs likely provide a conservative estimate of SGBC/SKFs FOP experience.23 Furthermore, in its September 2013 submission, the petitioner placed its TRB product coding system on the record of this proceeding; 24 the petitioner claims that this coding system demonstrates that certain of the TRBs sold by SGBC/SKF to the United States are the same as TRBs produced by CPZ/SKF (because they have the same part numbers),25 and, thus, the CPZ/SKF FOPs used in the allegation are for products with identical specifications.

    22Id. at 3, citing to Tapered Roller Bearings and Parts Thereof, Finished or Unfinished, From the People's Republic of China: Preliminary Results of the 2008-2009 Administrative Review of the Antidumping Duty Order, 75 FR 41148, 41151 (July 15, 2010).

    23See the petitioner's August 9, 2013, submission at 4.

    24See the petitioner's September 3, 2013 submission at Attachment 1, Appendix 8. This information was originally part of an August 15, 2013, submission from SGBC/SKF on the successor-in-interest changed circumstances review involving SGBC/SKF.

    25Id.

    With respect to SGBC/SKF's final argument that the petitioner should have used CPZ/SKF's market economy input price submitted in the 2011-2012 administrative review, the petitioner stated that there is no information on the record indicating that SGBC/SKF purchased its steel from a market-economy source, so there is no basis to use anything other than SV data.26 Nonetheless, in order to demonstrate that the facts of this record support the proposition that SGBC/SKF has likely resumed dumping, the petitioner took the margin program used by the Department in the 2011-2012 administrative review on TRBs from the PRC and tailored it to account for the facts of this case. Specifically, The petitioner: (1) Lowered the FOP usage rates by 10 percent in order to account for the possibility that SGBC/SKF is an even more efficient producer of TRBs than CPZ/SKF; and (2) used CPZ/SKF's market-economy steel price. The petitioner notes that, even after incorporating these conservative assumptions, the results still indicate that SGBC/SKF has resumed dumping.27

    26See the petitioner's August 9, 2013 submission at 4.

    27See the petitioner's August 9, 2013, submission at 5 and the petitioner's June 24, 2015 submission.

    As noted above, in May and June 2015, the petitioner responded to the Department's requests for additional information regarding its request for a changed circumstances review. In these submissions, the petitioner explained why it considered the sale covered by its allegation to be representative of SGBC/SKF's broader U.S. sales activity and it provided additional calculations supporting this conclusion. On June 5, 2015, SGBC/SKF submitted comments on the petitioner's May 22, 2015 filing; in these comments; SGBC/SKF contends that, despite its claim to the contrary, the petitioner failed to establish that the sale at issue is, in fact, representative. Moreover, SGBC/SKF maintains that the petitioner's additional calculations are not valid because: (1) They are based on “irrelevant” U.S. transactions between affiliated parties without accompanying evidence that a sale to an unaffiliated party took place; and (2) a “markup” used in these calculations is based, in part, on sales of non-subject products. According to SGBC/SKF, the standard for initiation of reinstatement changed circumstances reviews should be higher than the comparatively lower standard that exists for investigations, considering the costs associated with such reviews and the fact that a revoked company has already proven that it was not engaged in dumping for three consecutive years. As a result, SGBC/SKF submits that the single sale on which the petitioner's allegation is based is not sufficiently indicative of resumed dumping for purposes of initiating a changed circumstances review.

    Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, the Department will conduct a changed circumstances review upon receipt of a request “from an interested party for review of an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order.” After examining the petitioner's allegation and supporting documentation, we find that the petitioner has provided evidence of changed circumstances sufficient to initiate a review to determine whether SGBC/SKF has resumed dumping and should be reinstated in the TRBs Order.28

    28See Changed Circumstances Review Initiation Checklist.

    The Department's authority to reinstate a revoked company into an antidumping duty order by means of a changed circumstances review derives from sections 751(b) and (d) of the Act.29 In particular, the Department's authority to revoke an order is expressed in section 751(d) of the Act. The statute, however, provides no detailed description of the criteria, procedures, or conditions relating to the Department's exercise of this authority. Accordingly, the Department issued regulations setting forth in detail how the Department will exercise the authority granted to it under the statute. At the time of SGBC/SKF's revocation from the TRBs Order, a Department regulation authorized the partial and conditional revocation of orders as to companies that were determined not to have made sales at less than NV for the equivalent of three consecutive years and that certified to the immediate reinstatement into an order if they resumed dumping.30 Although the regulatory provision for partial and conditional revocation of companies from orders has since been revoked, we have clarified that all conditionally revoked companies remain subject to their certified agreements to be reinstated into the order from which they were revoked if the Department finds that the company has resumed dumping.31 For these reasons, conducting a changed circumstances review pursuant to section 751(b) of the Act to determine whether to reinstate SGBC/SKF into the TRBs Order is consistent with the statute and with the certification that SGBC/SKF signed as a precondition to its conditional revocation.32

    29See Sahaviriya Steel Indus. Pub. Co., Ltd. v. United States, 649 F.3d 1371, 1378 (CAFC 2011) (Sahaviriya) (“{T} his court holds, applying Chevron deference, that Commerce reasonably interpreted its revocation authority under {section 751(d) of the Act} to permit conditional revocation . . . .”); Id. at 1380 (finding that Commerce properly conducted a changed circumstances review for purposes of reconsidering revocation).

    30See 19 CFR 353.25 (1997). As noted above, the relevant language regarding reinstatement remained substantively unchanged when 19 CFR 353.25 was superseded by 19 CFR 351.222 (1997), and the portion of 19 CFR 351.222 related to partial revocations of orders as to specific companies has been revoked for all reviews initiated on or after June 20, 2012. See 1996 Notice of Proposed Rulemaking; Preamble; Revocation Final Rule.

    31See Revocation Final Rule, 77 FR at 29882.

    32See, e.g., Sahaviriya, 649 F.3d at 1380; Initiation of Antidumping Duty Changed Circumstances Review: Certain Hot-Rolled Carbon Steel Flat Products from Thailand, 73 FR 18766, 18769 (April 7, 2008); see also SGBC/SKF Revocation, 62 FR at 6189 (“In accordance with 19 CFR 353.25(a)(2)(iii), this request was accompanied by certifications from the firm that it had sold subject merchandise at not less than FMV for a three-year period, including this review period, and would not do so in the future. Shanghai also agreed to its immediate reinstatement in the antidumping duty order, as long as any firm is subject to this order, if the Department concludes under 19 CFR 353.22(f) that, subsequent to revocation, it sold the subject merchandise at less than FMV.”).

    With respect to SGBC/SKF's comments regarding the representativeness of the U.S. price and NV data proffered by the petitioner, on December 18, 2013, the Department placed information on the record of this segment of the proceeding which was submitted in an ongoing successor-in-interest changed circumstances review involving SGBC/SKF.33 This information relates to the product mix of both SGBC/SKF and CPZ/SKF, and it demonstrates that the type of products shown on SGBC/SKF's invoice represents a significant proportion of SGBC/SKF's product line. We also find SGBC/SKF's concerns relating to the use of CPZ/SKF's FOPs to be misplaced.

    33See the Product Mix Memo at Attachment I.

    With respect to the question of whether the size of the allegation is sufficiently representative of SGBC/SKF's sales activity, we note that, in response to the Department's supplemental questionnaires, the petitioner provided additional information regarding representativeness of the U.S. price data on May 22, 2015, and June 24, 2015. In these submissions, the petitioner used affiliated-party pricing for a substantial quantity of TRBs shipped between SGBC/SKF and its U.S. affiliate.34 Adjusting the prices to approximate the prices to an unaffiliated U.S. customer and using the same NV methodology, the petitioner calculated dumping margins.35 We disagree with SGBC/SKF that these alternative calculations are invalid simply because the petitioner constructed an export price using a markup which may contain profit rates for both TRBs and other products not subject to the TRBs Order. We find that the petitioner's methodology yields a reasonable approximation of SGBC/SKF's U.S. pricing behavior. Moreover, given that the petitioner made no adjustments for numerous selling expenses, we find that the petitioner's methodology is likely conservative.

    34 The prices and quantities were sourced from the same Separate Rate Application filed by SGBC/SKF used by the petitioner in its resumed dumping allegation. See the petitioner's May 22, 2015, submission, at Exhibit 1.

    35 We note that the margins calculated by the petitioner in these submissions were treated as business proprietary information. See the petitioner's May 22, 2015, submission at 3 through 8; see also the petitioner's June 24, 2015, submission, at Exhibits 1, 2, and 3.

    Further, with respect to NV, the petitioner maintains that its TRB product coding system demonstrates that the FOPs in its allegation are for the same basic products as CPZ/SKF's because they have the same cone and bore width.36 Thus, while the FOP data are not specific to SGBC/SKF, we find that the FOP data submitted are publicly available and the product coding system information submitted by the petitioner provides a reasonable basis to conclude that NV is for substantially similar or identical products. Finally, with respect to SGBC/SKF's argument that the petitioner should have used CPZ/SKF's market-economy steel purchase prices in its calculations, we note that the petitioner provided alternative calculations which incorporated these prices and provided the dumping margins resulting from these calculations.

    36See the petitioner's September 3, 2013 submission at Attachment 1, Appendix 8.

    With respect to SGBC/SKF's comments regarding zeroing or offsets, we note that the issue raised by SGBC/SKF is implicated only when the comparison results (i.e., individual dumping margins) are aggregated to calculate the weighted-average dumping margin. In this instance, we have examples provided by the petitioner to demonstrate, on an individual comparison basis, that SGBC/SKF has sold subject merchandise at less than NV.37 As previously noted, we find, consistent with section 751(b) of the Act, that this information provided by the petitioner constitutes evidence of changed circumstances sufficient to initiate a review to determine whether SGBC/SKF has resumed dumping and should be reinstated in the TRBs Order. We note that initiation of this review does not constitute a conclusive determination that SGBC/SKF has resumed dumping on an aggregate basis. During the course of this review, the Department will apply its established methodologies regarding offsets.

    37See the petitioner's February 20, 2013 submission at Attachment 1.

    Finally, with respect to SGBC/SKF's argument that the Department should apply a heightened standard when determining whether to initiate this review, the Department notes that the applicable standard is whether there is information “which shows changed circumstances sufficient to warrant a review” under section 751(b)(1) of the Act. In the context of a reinstatement changed circumstances review, the pertinent question is whether there is sufficient evidence of resumed dumping. Based on the foregoing, we find that the petitioner has provided sufficient evidence to initiate a changed circumstances review to examine SGBC/SKF's pricing and determine whether SGBC/SKF has resumed dumping sufficient to reinstate the company within the TRBs Order. If we determine in this changed circumstances review that SGBC/SKF resumed dumping, effective on the date of publication of our final results, we will direct CBP to suspend liquidation of all entries of TRBs manufactured in the PRC and exported by SGBC/SKF.

    Period of Changed Circumstances Review

    The Department intends to request data from SGBC/SKF for the June 1, 2014, through May 31, 2015, period in order to determine whether SGBC/SKF has resumed dumping sufficient to warrant reinstatement within the TRBs Order.

    Public Comment

    The Department will publish in the Federal Register a notice of preliminary results of changed circumstances review in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth the Department's preliminary factual and legal conclusions. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results. Unless otherwise extended, the Department intends to issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e).

    This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b) of the Department's regulations.

    Dated: August 7, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-19985 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Renewable Energy and Energy Efficiency Advisory Committee AGENCY:

    International Trade Administration, U.S. Department of Commerce

    ACTION:

    Notice of an open meeting.

    SUMMARY:

    The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will hold a meeting on Tuesday, September 22, 2015 at the U.S. Department of Commerce Herbert C. Hoover Building in Washington, DC. The meeting is open to the public and interested parties are requested to contact the U.S. Department of Commerce in advance of the meeting.

    DATES:

    September 22, 2015, from approximately 8:30 a.m. to 4 p.m. Daylight Saving Time (DST). Members of the public wishing to participate must notify Andrew Bennett at the contact information below by 5:00 p.m. DST on Friday, September 18, 2015, in order to pre-register.

    For All Further Information, Please Contact: Andrew Bennett, Office of Energy and Environmental Industries (OEEI), International Trade Administration, U.S. Department of Commerce at (202) 482-5235; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The Secretary of Commerce established the RE&EEAC pursuant to his discretionary authority and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) on July 14, 2010. The RE&EEAC was re-chartered on June 12, 2014. The RE&EEAC provides the Secretary of Commerce with consensus advice from the private sector on the development and administration of programs and policies to enhance the international competitiveness of the U.S. renewable energy and energy efficiency industries.

    During the September 22nd meeting of the RE&EEAC, committee members will discuss priority issues identified in advance by the Committee Chair and Sub-Committee leadership, and hear from interagency partners on issues impacting the competitiveness of the U.S. renewable energy and energy efficiency industries.

    A limited amount of time before the close of the meeting will be available for pertinent oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two to five minutes per person (depending on number of public participants). Individuals wishing to reserve additional speaking time during the meeting must contact Mr. Bennett and submit a brief statement of the general nature of the comments, as well as the name and address of the proposed participant by 5:00 p.m. DST on Friday, September 11, 2015. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the teleconference, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a copy of their oral comments by email to Mr. Bennett for distribution to the participants in advance of the teleconference.

    Any member of the public may submit pertinent written comments concerning the RE&EEAC's affairs at any time before or after the meeting. Comments may be submitted to the Renewable Energy and Energy Efficiency Advisory Committee, c/o: Andrew Bennett, Office of Energy and Environmental Industries, U.S. Department of Commerce, Mail Stop: 4053, 1401 Constitution Avenue NW., Washington, DC 20230. To be considered during the meeting, written comments must be received no later than 5:00 p.m. DST on Friday, September 11, 2015, to ensure transmission to the Committee prior to the meeting. Comments received after that date will be distributed to the members but may not be considered at the meeting.

    Copies of RE&EEAC meeting minutes will be available within 30 days following the meeting.

    Dated: August 5, 2015. Edward A. O'Malley, Director, Office of Energy and Environmental Industries.
    [FR Doc. 2015-19865 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration Cyber Security Business Development Mission to Japan, South Korea, and Taiwan; May 16-24, 2016 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The United States Department of Commerce, International Trade Administration (ITA), is organizing an Executive-led Cyber-security Business Development Mission to Japan, South Korea and Taiwan.

    The purpose of the mission is to introduce U.S. firms and trade associations to East Asia's information and communication technology (ICT) security and critical infrastructure protection markets and to assist U.S. companies to find business partners and export their products and services to the region. The mission is intended to include representatives from U.S. companies and U.S. trade associations with members that provide cyber-security and critical infrastructure protection products and services. The mission will visit Japan, South Korea and Taiwan where U.S. firms will have access to business development opportunities across East Asia. Participating firms will gain market insights, make industry contacts, solidify business strategies, and advance specific projects, with the goal of increasing U.S. exports of products and services to East Asia. The mission will include customized one-on-one business appointments with pre-screened potential buyers, agents, distributors and joint venture partners; meetings with state and local government officials and industry leaders; and networking events.

    The mission will help participating firms and trade associations to gain market insights, make industry contacts, solidify business strategies, and advance specific projects, with the goal of increasing U.S. exports to Japan, South Korea and Taiwan. By participating in an official U.S. industry delegation, rather than traveling to Japan, South Korea and Taiwan on their own, U.S. companies will enhance their ability to secure meetings in those countries and gain greater exposure to the region.

    Schedule Sunday, May 15 Trade Mission Participants Arrive in Tokyo. Monday, May 16 Welcome and Country Briefing (Japan).
  • One-on-One business matchmaking appointments.
  • Networking Lunch.
  • One-on-One business matchmaking appointments.
  • Networking Reception at Ambassador's residence (TBC).
  • Tuesday, May 17 Cabinet and Ministry Meetings.
  • National Center of Incident Readiness and Strategy for Cybersecurity (NISC).
  • Networking Lunch.
  • One-on-One business matchmaking appointments or Ministry Meetings.
  • Wednesday, May 18 Travel to Korea. Thursday, May 19 Welcome and Country Briefing (Korea).
  • One-on-One business matchmaking appointments.
  • Networking Lunch.
  • One-on-One business matchmaking appointments.
  • Networking Reception at Ambassador's residence (TBC).
  • Friday, May 20 Ministry Meetings.
  • Networking Lunch.
  • One-on-One business matchmaking appointments or visit to Government Cyber-Security Center.
  • Saturday-Sunday, May 21-22 Travel to Taiwan. Monday, May 23 Welcome and Country Briefing (Taiwan).
  • One-on-One business matchmaking appointments.
  • Networking Reception at AIT Director's residence (TBC).
  • Tuesday, May 24 Cabinet and Ministry Meetings with selected delegates.
  • Sightseeing tour (optional, paid by delegates).
  • Wednesday, May 25 Trade Mission Participants Depart.

    Web site: Please visit our official mission Web site for more information: http://export.gov/trademissions/cyberasia.

    Participation Requirements

    All parties interested in participating in the trade mission must complete and submit an application package for consideration by the DOC. All applicants will be evaluated on their ability to meet certain conditions and best satisfy the selection criteria as outlined below. A minimum of 15 and maximum of 20 firms and/or trade associations will be selected to participate in the mission from the applicant pool.

    Fees and Expenses

    After a firm or trade association has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required. Expenses for travel, lodging, meals, and incidentals will be the responsibility of each mission participant. Interpreter and driver services can be arranged for additional cost. Delegation members will be able to take advantage of U.S. Embassy rates for hotel rooms.

    Participation fee for small or medium sized enterprises (SME): $4400.00

    Participation fee for large firms or trade associations: $5800.00

    Fee for each additional firm representative (large firm or SME/trade organization): $1,000.

    Application

    All interested firms and associations may register via the following link: https://emenuapps.ita.doc.gov/ePublic/TM/6R0R.

    Exclusions

    The mission fee does not include any personal travel expenses such as lodging, most meals, local ground transportation, and air transportation from the U.S. to the mission sites, between mission sites, and return to the United States. Business visas may be required. Government fees and processing expenses to obtain such visas are also not included in the mission costs. However, the U.S. Department of Commerce will provide instructions to each participant on the procedures required to obtain necessary business visas.

    Timeline for Recruitment and Applications

    Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/trademissions) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than March 4, 2016. The U.S. Department of Commerce will review applications and inform applicants of selection decisions periodically during the recruitment period beginning August 17, 2015. All applications received subsequent to an evaluation date will be considered at the next evaluation. Applications received after March 4, 2016, will be considered only if space and scheduling constraints permit.

    Conditions for Participation

    The following criteria will be evaluated in selecting participants:

    • Suitability of the company's (or in the case of a trade association/organization, represented companies') products or services to the mission goals and the markets to be visited as part of this trade mission.

    • Company's (or in the case of a trade association/organization, represented companies') potential for business in each of the markets to be visited as part of this trade mission.

    • Consistency of the applicant's (or in the case of a trade association/organization, represented companies') goals and objectives with the stated scope of the mission.

    Diversity of company size and location may also be considered during the review process. Referrals from political organizations and any documents containing references to partisan political activities (including political contributions) will be removed from an applicant's submission and not considered during the selection process.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Gemal Brangman, Project Officer, U.S. Department of Commerce, Washington, DC, Tel: 202-482-3773, Fax: 202-482-9000, [email protected]

    Anne Grey, Trade Missions Program.
    [FR Doc. 2015-19859 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-533-864, C-475-833, C-570-027, C-580-879, C-583-857] Countervailing Duty Investigations of Certain Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan: Postponement of Preliminary Determinations AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    FOR FURTHER INFORMATION CONTACT:

    Matt Renkey or Jerry Huang at (202) 482-2312 and (202) 482- 4047, respectively (India); Robert Palmer at (202) 482-9068 (Italy); Myrna Lobo at (202) 482-2371 (the People's Republic of China, and the Republic of Korea); Kristen Johnson at (202) 482-4793 (Taiwan), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    On June 23, 2015, the Department of Commerce (Department) initiated the countervailing duty investigations of certain corrosion-resistant steel products from India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan.1 Currently, the preliminary determinations are due no later than August 27, 2015.

    1See Certain Corrosion-Resistant Steel Products from the People's Republic of China, India, Italy, the Republic of Korea, and Taiwan: Initiation of Countervailing Duty Investigations, 80 FR 37223 (June 30, 2015) (Initiation Notice).

    Postponement of Due Date for the Preliminary Determinations

    Section 703(b)(1) of the Tariff Act of 1930, as amended (Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, section 703(c)(1) of the Act permits the Department to postpone making the preliminary determination until no later than 130 days after the date on which it initiated the investigation if, among other reasons, the petitioner makes a timely request for a postponement, or the Department concludes that the parties concerned are cooperating and determines that the investigation is extraordinarily complicated. On August 3, 2015, United States Steel Corporation; Nucor Corporation; Steel Dynamics, Inc.; ArcelorMittal USA, LLC; AK Steel Corp.; and California Steel Industries (collectively, Petitioners) made a timely request to postpone the preliminary countervailing duty determinations.2 Therefore, pursuant to the discretion afforded the Department under 703(c)(1)(A) of the Act and because the Department does not find any compelling reason to deny the request, we are fully extending the due date until 130 days after the Department's initiation for the preliminary determinations. The deadline for the completion of the preliminary determinations is now November 2, 2015.3

    2See Petitioners' August 3, 2015 letter requesting postponement of the preliminary determination.

    3 The due date actually falls on October 31, 2015, which is a Saturday. Therefore, the deadline moves to the next business day, November 2, 2015. See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2008).

    This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: August 6, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-19994 Filed 8-12-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE097 Taking of Marine Mammals Incidental to Specified Activities; Front Street Transload Facility Construction AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice; proposed incidental harassment authorization; request for comments and information.

    SUMMARY:

    NMFS has received a request from the Bergerson Construction, Inc. (Bergerson) for an authorization to take small numbers of two species of marine mammals, by Level B harassment, incidental to proposed construction activities for Front Street Transload Facility construction project in Newport, Oregon. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to Bergerson to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.

    DATES:

    Comments and information must be received no later than September 14, 2015.

    ADDRESSES:

    Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is [email protected] NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 25-megabyte file size.

    Instructions: All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

    A copy of the application may be obtained by writing to the address specified above or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address.

    FOR FURTHER INFORMATION CONTACT:

    Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization.

    Summary of Request

    On April 22, 2015, Bergerson submitted a request to NMFS requesting an IHA for the possible harassment of small numbers of Pacific harbor seal (Phoca vitulina richardii) and California sea lion (Zalophus californianus) incidental to construction associated with the Front Street Marine Transload Facility in the city of Newport, Oregon, for a period of one year starting November 2015. NMFS determined the IHA application was complete on July 29, 2015, and proposes to issue an IHA that would be valid between November 1, 2015, and October 31, 2016. NMFS is proposing to authorize the Level B harassment of Pacific harbor seal and California sea lion.

    Description of the Specified Activity Overview

    The purpose of the proposed Front Street Marine Transload Facility construction is to construct a new transload and fish buying facility at the current location of the Undersea Gardens. The new transload facility would provide local fisherman with an alternative location for selling their fish and shellfish in Newport, Oregon (see Figure 1 of Bergerson's IHA application).

    The current Undersea Gardens and all associated structures would be removed prior to construction of the new facility. The new transload facility would consist of a 132-foot wide by 141-foot deep wharf comprised of precast concrete panels supported on steel piles. Up to 112 24-inch diameter steel support piles and 14 18-inch diameter steel fender piles would be installed. The new wharf would sit level with Bay Boulevard, approximately 10 feet above mean sea level (msl), and would support a 4,000 square foot cold storage building and 500 square foot ice machine. Approximately 15,860 square feet of the new wharf would be suspended over water, resulting in approximately 9,160 square feet of net new overwater structure following removal of the existing Undersea Gardens and its associated structures (approximately 6,700 square feet).

    The proposed project would result in a net removal of approximately 2,000 cubic yards of existing structural components from below the highest measured tide (HMT) of Yaquina Bay. Construction is scheduled to begin in November 2015, with completion of the wharf expected by September 2016. The associated cold storage building would be constructed after completion of the wharf. The proposed project would require approximately 12 weeks of in-water work. Construction crews and equipment would access the project site via existing roadways and two floating barges, including a crane barge (measuring 60 by 100 feet) secured with two spud piles, and a material barge (measuring 40 by 100 feet) moored to the crane barge. Piles would be installed using a vibratory hammer with some use of an impact hammer to seat the piles to their desired depth.

    Dates and Duration

    In-water construction is planned to take place between November 2015 and October 2016, with in-water pile removal and pile driving activities limited between November 1, 2015, and February 15, 2016.

    Specified Geographic Region

    The proposed activities will occur at the current Undersea Garden located in Yaquina Bay along Bay Boulevard in Newport, Oregon (see Figure 1 of Bergerson's IHA application).

    Detailed Description of Front Street Transload Facility Construction

    Details of each activity for the Front Street Transload Facility construction project are provided below.

    (1) Removal of the Existing Undersea Gardens

    The existing Undersea Gardens and all associated structures (including a wooden breakwater, small storage dock, access ramp, small section of pier, and approximately 25 pilings) would be removed prior to construction of the new transload facility. The Undersea Gardens is a floating structure that houses an underwater aquarium and gift shop. The structure itself would be towed from its current location (via tugboat) approximately 10 miles upstream to Yaquina Boatyard, where it would then be dismantled. In order to access the Undersea Gardens with a tugboat, the existing wooden breakwater that protects the structure would have to be removed. The breakwater is comprised of vertical wooden boards assembled in a line and supported by steel and wood piles. The boards would be removed by hand and the remaining support piles (including approximately five H-piles, five 12-inch diameter steel piles, and five 12-inch diameter wooden piles) would be removed with a vibratory hammer.

    Following removal of the breakwater, approximately eight 12-inch diameter wooden support piles and a small section of pier, and two 12-inch diameter spud piles that anchor the storage dock would also be removed.

    It is anticipated that piling removal would require approximately 15 minutes of vibratory hammer use per pile. All items removed would be placed in a contained area on a service barge and hauled to an upland location for recycling or disposal. Removal of the existing piles would require approximately 6 hours of total vibratory hammer use over a period of two to four in-water work days. Removal of the existing Undersea Gardens and associated structures would result in the removal of approximately 2,500 cubic yards of existing in-water structures from below the HMT of Yaquina Bay, and 6,700 square feet of existing overwater structures. No dredging or in-water excavation would be required.

    (2) Construction of the New Transload Facility Wharf

    The new transload facility would consist of a 132-foot wide by 141-foot deep wharf comprised of precast concrete panels supported on up to 112 24-inch diameter steel support piles, and 14 18-inch diameter steel fender piles. The precast panels would be approximately 4 feet wide by 20 feet long, requiring seven panels supported on eight rows of piles spaced 10-foot on center across each row. The bottom of each panel would be painted with white, light reflecting paint to increase natural lighting under the new wharf. The new wharf would sit level with Bay Boulevard, approximately 10 feet above msl, and would result in approximately 9,360 square feet of net new overwater structure.

    Piling Installation

    The steel support piles and fender piles would be installed using a vibratory hammer and an impact hammer (operating from a barge-mounted crane) to a depth of approximately 30 feet within the substrate. All new piles would also be treated with a white, light reflective coating. Each new pile would require approximately 15 to 30 minutes of vibratory hammer use for installation. It is likely that the vibratory hammer would not fully embed the piles to the required depth given the presence of siltstone below the sediment. As such, an impact hammer would be used to seat the piles to the required depth. It is anticipated that use of an impact hammer would be needed for up to 10 feet of siltstone penetration. Up to 102 piles would be located below the HMT, resulting in approximately 300 square feet (555 cubic yards) of fill.

    Based on a review of pile driving logs from previous piling installation projects, Bergerson anticipates that any piles that cannot be fully embedded with use of a vibratory hammer, may require an average of 10 minutes of impact hammer use, at an average rate of 40 strikes per minute. Given the amount of time it takes to set the crane barge, center each pile, and switch between the vibratory hammer and impact hammer, it is estimated that the average installation rate would be four piles per day. This equates to potentially 40 minutes of impact hammer use (1,600 pile strikes) per day. Pile driving would occur intermittently over the course of approximately 12 weeks. The contractor would be required to implement appropriate sound attenuation methods (e.g., a confined or unconfined bubble curtain) as detailed in the Mitigation Measures below. It is expected that proper use of the bubble curtain would result in 10 decibel (dB) attenuation (NMFS 2011, ICF Jones & Stokes and Illingworth & Rodkin 2009). It is possible that proper use of a bubble curtain can result in up to 20 dB attenuation depending on site specific conditions (ICF Jones & Stokes and Illingworth & Rodkin 2009).

    Cold Storage Building

    The new wharf would sit level with Bay Boulevard (approximately 10 feet above msl) and would support a 4,000 square foot cold storage building and 500 square foot ice machine. The proposed building would be used to cold pack local fish and shellfish for distribution. There may be some limited fish fillet processing for local distribution only. Small forklifts would be used on the wharf for unloading and loading of boats and truck trailers. Operation of the new transload facility would not require pumping of water from Yaquina Bay. All water would be provided by local utilities. In addition, no excavation or maintenance dredging would be required to construct or operate the new facility. Furthermore, operation of the new transload facility would not increase local boat traffic within the vicinity of the action area. The new facility would service local fisherman already operating within Yaquina Bay and local Newport marinas. The operation of the new transload facility is not expected to impact on marine mammals in the project vicinity.

    A summary of piles to be removed and installed is provided in Table 1.

    Table 1—Project Piles To Be Removed and Installed Location Pile type Pile size
  • (inch)
  • Hammer used Number piles
    Pile removal Breakwater at Undersea Garden H pile
  • Steel pile
  • Wooden pile
  • 12
  • 12
  • Vibratory
  • Vibratory
  • Vibratory
  • 5
  • 5
  • 5
  • Storage dock at Undersea Garden Wooden pile
  • Spud pile
  • 12
  • 12
  • Vibratory
  • Vibratory
  • 8
  • 2
  • Total 25 Pile driving Wharf for the new transload facility Steel pile
  • Steer fender pile
  • 24
  • 18
  • Vibratory/impact
  • Vibratory/impact
  • 112
  • 14
  • Total 126
    Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction most likely to occur in the proposed construction area include Pacific harbor seal (Phoca vitulina richardsi) and California sea lion (Zalophus californianus).

    Table 2—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

    General information on the marine mammal species found in Oregon coastal waters can be found in Caretta et al. (2014), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/po2013.pdf. Refer to that document for information on these species. A list of marine mammals in the vicinity of the action and their status are provided in Table 2. Specific information concerning these species in the vicinity of the proposed action area is provided in detail in the Bergerson's IHA application (Turner and Campbell, 2015).

    Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that the types of stressors associated with the specified activity (e.g., pile removal and pile driving) have been observed to impact marine mammals. This discussion may also include reactions that we consider to rise to the level of a take and those that we do not consider to rise to the level of a take (for example, with acoustics, we may include a discussion of studies that showed animals not reacting at all to sound or exhibiting barely measurable avoidance). This section is intended as a background of potential effects and does not consider either the specific manner in which this activity will be carried out or the mitigation that will be implemented, and how either of those will shape the anticipated impacts from this specific activity. The “Estimated Take by Incidental Harassment” section later in this document will include a quantitative analysis of the number of individuals that are expected to be taken by this activity. The “Negligible Impact Analysis” section will include the analysis of how this specific activity will impact marine mammals and will consider the content of this section, the “Estimated Take by Incidental Harassment” section, the “Proposed Mitigation” section, and the “Anticipated Effects on Marine Mammal Habitat” section to draw conclusions regarding the likely impacts of this activity on the reproductive success or survivorship of individuals and from that on the affected marine mammal populations or stocks.

    When considering the influence of various kinds of sound on the marine environment, it is necessary to understand that different kinds of marine life are sensitive to different frequencies of sound. Based on available behavioral data, audiograms have been derived using auditory evoked potentials, anatomical modeling, and other data, Southall et al. (2007) designate “functional hearing groups” for marine mammals and estimate the lower and upper frequencies of functional hearing of the groups. The functional groups and the associated frequencies are indicated below (though animals are less sensitive to sounds at the outer edge of their functional range and most sensitive to sounds of frequencies within a smaller range somewhere in the middle of their functional hearing range):

    • Low frequency cetaceans (13 species of mysticetes): Functional hearing is estimated to occur between approximately 7 Hz and 25 kHz (however, a study by Au et al., (2006) of humpback whale songs indicate that the range may extend to at least 24 kHz);

    • Mid-frequency cetaceans (32 species of dolphins, six species of larger toothed whales, and 19 species of beaked and bottlenose whales): Functional hearing is estimated to occur between approximately 150 Hz and 160 kHz;

    • High frequency cetaceans (eight species of true porpoises, six species of river dolphins, Kogia, the franciscana, and four species of cephalorhynchids): Functional hearing is estimated to occur between approximately 200 Hz and 180 kHz; and

    • Pinnipeds in Water: Functional hearing is estimated to occur between approximately 75 Hz and 75 kHz, with the greatest sensitivity between approximately 700 Hz and 20 kHz.

    As mentioned previously in this document, two marine mammal species (both are pinniped species) are likely to occur in the proposed seismic survey area.

    Marine mammals exposed to high-intensity sound repeatedly or for prolonged periods can experience hearing threshold shift (TS), which is the loss of hearing sensitivity at certain frequency ranges (Kastak et al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be permanent (PTS), in which case the loss of hearing sensitivity is unrecoverable, or temporary (TTS), in which case the animal's hearing threshold will recover over time (Southall et al. 2007). Since marine mammals depend on acoustic cues for vital biological functions, such as orientation, communication, finding prey, and avoiding predators, hearing impairment could result in the reduced ability of marine mammals to detect or interpret important sounds. Repeated noise exposure that causes TTS could lead to PTS.

    Experiments on a bottlenose dolphin (Tursiops truncates) and beluga whale (Delphinapterus leucas) showed that exposure to a single watergun impulse at a received level of 207 kPa (or 30 psi) peak-to-peak (p-p), which is equivalent to 228 dB (p-p) re 1 μPa, resulted in a 7 and 6 dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds returned to within 2 dB of the pre-exposure level within 4 minutes of the exposure (Finneran et al. 2002). No TTS was observed in the bottlenose dolphin. Although the source level of one hammer strike for pile driving is expected to be much lower than the single watergun impulse cited here, animals being exposed for a prolonged period to repeated hammer strikes could receive more noise exposure in terms of sound exposure level (SEL) than from the single watergun impulse (estimated at 188 dB re 1 μPa2-s) in the aforementioned experiment (Finneran et al. 2002).

    Chronic exposure to excessive, though not high-intensity, noise could cause masking at particular frequencies for marine mammals that utilize sound for vital biological functions (Clark et al. 2009). Masking is the obscuring of sounds of interest by other sounds, often at similar frequencies. Masking generally occurs when sounds in the environment are louder than, and of a similar frequency as, auditory signals an animal is trying to receive. Masking can interfere with detection of acoustic signals, such as communication calls, echolocation sounds, and environmental sounds important to marine mammals. Therefore, under certain circumstances, marine mammals whose acoustical sensors or environment are being severely masked could also be impaired.

    Masking occurs at the frequency band which the animals utilize. Since noise generated from in-water vibratory pile removal and driving is mostly concentrated at low frequency ranges, it may have little effect on high-frequency echolocation sounds by odontocetes (toothed whales), which may hunt California sea lion and harbor seal. However, the lower frequency man-made noises are more likely to affect the detection of communication calls and other potentially important natural sounds, such as surf and prey noise. The noises may also affect communication signals when those signals occur near the noise band, and thus reduce the communication space of animals (e.g., Clark et al. 2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt et al. 2009).

    Unlike TS, masking can potentially impact the species at community, population, or even ecosystem levels, as well as individual levels. Masking affects both senders and receivers of the signals and could have long-term chronic effects on marine mammal species and populations. Recent science suggests that low frequency ambient sound levels in the world's oceans have increased by as much as 20 dB (more than 3 times, in terms of SPL) from pre-industrial periods, and most of these increases are from distant shipping (Hildebrand 2009). All anthropogenic noise sources, such as those from vessel traffic and pile removal and driving, contribute to the elevated ambient noise levels, thus intensifying masking.

    Finally, in addition to TS and masking, exposure of marine mammals to certain sounds could lead to behavioral disturbance (Richardson et al. 1995), such as: Changing durations of surfacing and dives, number of blows per surfacing, or moving direction and/or speed; reduced/increased vocal activities; changing/cessation of certain behavioral activities, such as socializing or feeding; visible startle response or aggressive behavior, such as tail/fluke slapping or jaw clapping; avoidance of areas where noise sources are located; and/or flight responses (e.g., pinnipeds flushing into water from haulouts or rookeries). The onset of behavioral disturbance from anthropogenic noise depends on both external factors (characteristics of noise sources and their paths) and the receiving animals (hearing, motivation, experience, demography), and is therefore difficult to predict (Southall et al. 2007).The activities of workers in the project area may also cause behavioral reactions by marine mammals, such as pinnipeds flushing from the jetty or pier or moving farther from the disturbance to forage. However, observations of the area show that it is unlikely that more than 10 to 20 individuals of pinnipeds would be present in the project vicinity at any one time. Therefore, even if pinnipeds were flushed from the haul-out, a stampede is very unlikely, due to the relatively low number of animals onsite. In addition, proposed mitigation and monitoring measures would minimize the startle behavior of pinnipeds and prevent the animals from flushing into the water.

    The biological significance of many of these behavioral disturbances is difficult to predict, especially if the detected disturbances appear minor. However, the consequences of behavioral modification could be expected to be biologically significant if the change affects growth, survival, or reproduction. Some of these types of significant behavioral modifications include: Drastic change in diving/surfacing patterns (such as those thought to be causing beaked whale strandings due to exposure to military mid-frequency tactical sonar); habitat abandonment due to loss of desirable acoustic environment; and cessation of feeding or social interaction.

    Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammal habitat are associated with elevated sound levels produced by vibratory pile removal and pile driving in the area. However, other potential impacts to the surrounding habitat from physical disturbance are also possible.

    Potential Impacts on Prey Species

    With regard to fish as a prey source for cetaceans and pinnipeds, fish are known to hear and react to sounds and to use sound to communicate (Tavolga et al. 1981) and possibly avoid predators (Wilson and Dill 2002). Experiments have shown that fish can sense both the strength and direction of sound (Hawkins 1981). Primary factors determining whether a fish can sense a sound signal, and potentially react to it, are the frequency of the signal and the strength of the signal in relation to the natural background noise level.

    The level of sound at which a fish will react or alter its behavior is usually well above the detection level. Fish have been found to react to sounds when the sound level increased to about 20 dB above the detection level of 120 dB (Ona 1988); however, the response threshold can depend on the time of year and the fish's physiological condition (Engas et al. 1993). In general, fish react more strongly to pulses of sound rather than non-pulse signals (such as noise from pile driving) (Blaxter et al. 1981), and a quicker alarm response is elicited when the sound signal intensity rises rapidly compared to sound rising more slowly to the same level.

    During the coastal construction only a small fraction of the available habitat would be ensonified at any given time. Disturbance to fish species would be short-term and fish would return to their pre-disturbance behavior once the pile driving activity ceases. Thus, the proposed construction would have little, if any, impact on the abilities of marine mammals to feed in the area where construction work is planned.

    Finally, the time of the proposed construction activity would avoid the spawning season of the ESA-listed salmonid species.

    Passage Obstructions

    Pile removal and driving operations at the Front Street Transload Facility will not obstruct movements of marine mammals. The operations at the construction will occur next to the shoreline, leaving the majority of the Yaquina Bay for marine mammals to pass.

    Proposed Mitigation Measures

    In order to issue an incidental take authorization under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses.

    For Bergerson's proposed Front Street Transload Facility construction project, Bergerson worked with NMFS and proposed the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity. The primary purposes of these mitigation measures are to minimize sound levels from the activities, to monitor marine mammals within designated zones of influence (ZOI) corresponding to NMFS' current Level B harassment thresholds and, if marine mammals are detected within or approaching the exclusion zone, to initiate immediate shutdown or power down of the impact piling hammer, making it very unlikely potential injury or TTS to marine mammals would occur and ensuring that Level B behavioral harassment of marine mammals would be reduced to the lowest level practicable.

    Time Restriction

    Work would occur only during daylight hours, when visual monitoring of marine mammals can be conducted. In addition, all in-water construction will be limited to the period between November 1, 2015, and February 15, 2016.

    Air Bubble Curtain

    Bergerson would be required to install an air bubble curtain system around the pile during pile installation using an impact hammer.

    Establishment of Exclusion Zone and Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, Bergerson shall establish Level A exclusion zones and Level B zones of influence (ZOIs). The received underwater sound pressure levels (SPLs) within the exclusion zone would be 190 dB (rms) re 1 µPa and above. The Level B ZOIs would encompass areas where received underwater SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 µPa for impulse noise sources (impact pile driving) and non-impulses noise sources (vibratory pile driving and mechanic dismantling), respectively.

    Based on measurements conducted in nearby in similar water depth and sediment type in the Yaquina Bay for the NOAA Marine Operation Center P Test Pile Program (Miner, 2010), average vibratory hammer sound pressure level for 24-inch steel pile at 10 meters from the pile is 157 dB re 1 µPa (Minor 2010; ICF Jones & Stokes and Illingworth &and Rodkin 2009). Based on practical spreading model with a transmission loss constant of 15, the distance at which the sound pressure levels fall below the 120 dB (rms) re 1 µPa is approximately 1.8 miles from the pile (Miner, 2010).

    Modeling of exclusion zone and ZOIs for impact pile driving source level are based on measurements conducted at the nearby Tongue Point Facility in Astoria, Oregon, for installation of 24-in steel pile with an impact hammer (Illingworth and Rodkin, 2009). The result shows that the SPL at 10 m from the pile is 182 dB (rms) re 1 µPa. Nevertheless, a conservative 190 dB (rms) re 1 µPa value at 10 m and a practical spreading with a transmission loss constant of 15 are used to establish the exclusion zone and ZOI. The result shows that the distance at which the SPLs fall below the 160 dB (rms) re 1 µPa behavioral threshold for impact hammering is approximately 0.62 miles. With a bubble curtain and an estimated 10 dB reduction in sound levels, the distance at which the sound pressure levels fall below the 160 dB RMS behavioral threshold for impact hammering is approximately 707 feet. The exclusion zone with the air bubble curtain system would be 7 feet from the pile.

    The exclusion zone for Level A harassment and ZOIs for Level B harassment are presented in Table 3 below.

    Table 3—Modeled Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities Pile driving methods Distance to 190 dB (m) Distance to 160 dB (m) Distance to 120 dB (m) Vibratory pile driving/removal NA NA 2,900 Impact pile driving 10/2.1 (with air bubble system) 1,000/215 (with air bubble system) NA Soft Start

    A “soft-start” technique is intended to allow marine mammals to vacate the area before the pile driver reaches full power. Whenever there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures described below.

    For impact pile driving, the contractor would provide an initial set of strikes from the impact hammer at reduced energy, followed by a 30-second waiting period, then two subsequent sets. (The reduced energy of an individual hammer cannot be quantified because of variations between individual drivers. Also, the number of strikes will vary at reduced energy because raising the hammer at less than full power and then releasing it results in the hammer “bouncing” as it strikes the pile resulting in multiple “strikes”).

    For vibratory pile driving, the contractor will initiate noise from vibratory hammers for 15 seconds at reduced energy followed by a 30-second waiting period. The procedure shall be repeated two additional times.

    Shutdown Measures

    Bergerson shall implement shutdown measures if a marine mammal is sighted approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if the animal is not sighted for 30 minutes after the shutdown.

    Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation measures and considered a range of other measures in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another:

    • The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals

    • The proven or likely efficacy of the specific measure to minimize adverse impacts as planned

    • The practicability of the measure for applicant implementation.

    Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal).

    (2) A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to received levels of pile driving and pile removal or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (3) A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to received levels of pile driving and pile removal, or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (4) A reduction in the intensity of exposures (either total number or number at biologically important time or location) to received levels of pile driving, or other activities expected to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only).

    (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time.

    (6) For monitoring directly related to mitigation—an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of the applicant's proposed measures, as well as other measures considered by NMFS, NMFS has preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable impact on marine mammals species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Proposed Monitoring and Reporting

    In order to issue an incidental take authorization (ITA) for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. Bergerson submitted a marine mammal monitoring plan as part of the IHA application. It can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be modified or supplemented based on comments or new information received from the public during the public comment period.

    Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals:

    (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below;

    (2) An increase in our understanding of how many marine mammals are likely to be exposed to levels of pile driving that we associate with specific adverse effects, such as behavioral harassment, TTS, or PTS;

    (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods:

    • Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    • Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    • Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli;

    (4) An increased knowledge of the affected species; and

    (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures.

    Proposed Monitoring Measures

    During pile removal and installation, two land-based protected species observers (PSOs) would monitor the area from the best observation points available. If weather conditions prevent adequate land-based observations of the entire ensonified zones, boat-based monitoring would be implemented.

    The PSOs would observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. If a PSO observes a marine mammal within or approaching the exclusion zone, the PSO would notify the work crew to initiate shutdown measures.

    Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 × 42 power).

    Data collection during marine mammal monitoring would consist of a count of all marine mammals by species, a description of behavior (if possible), location, direction of movement, type of construction that is occurring, time that pile replacement work begins and ends, any acoustic or visual disturbance, and time of the observation. Environmental conditions such as weather, visibility, temperature, tide level, current, and sea state would also be recorded.

    Proposed Reporting Measures

    Bergerson would be required to submit a final monitoring report within 90 days after completion of the construction work or the expiration of the IHA (if issued), whichever comes earlier. This report would detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. NMFS would have an opportunity to provide comments on the report, and if NMFS has comments, Bergerson would address the comments and submit a final report to NMFS within 30 days.

    In addition, NMFS would require Bergerson to notify NMFS' Office of Protected Resources and NMFS' Stranding Network within 48 hours of sighting an injured or dead marine mammal in the vicinity of the construction site. Bergerson shall provide NMFS with the species or description of the animal(s), the condition of the animal(s) (including carcass condition, if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available).

    In the event that Bergerson finds an injured or dead marine mammal that is not in the vicinity of the construction area, Bergerson would report the same information as listed above to NMFS as soon as operationally feasible.

    Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].

    As discussed above, in-water pile removal and pile driving (vibratory and impact) generate loud noises that could potentially harass marine mammals in the vicinity of Bergerson's proposed Front Street Transload Facility construction project.

    As mentioned earlier in this document, currently NMFS uses 120 dB re 1 µPa and 160 dB re 1 µPa at the received levels for the onset of Level B harassment from non-impulse (vibratory pile driving and removal) and impulse sources (impact pile driving) underwater, respectively. Table 4 summarizes the current NMFS marine mammal take criteria.

    Table 4—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 known to cause TTS) 180 dB re 1 µPa (cetaceans) 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 and ZOIs will be established that encompass the areas where received underwater sound pressure levels (SPLs) exceed the applicable thresholds for Level A and Level B harassments. In the case of Bergerson's proposed Front Street Transload Facility construction project, the Level B harassment ZOIs for impact and vibratory pile driving are at 215 m and 2,900 m from the source, respectively. The Level A harassment exclusion from impact pile driving is 2.1 m from the source.

    Incidental take is calculated for each species by estimating the likelihood of a marine mammal being present within a ZOI during active pile removal/driving. Expected marine mammal presence is determined by past observations and general abundance near the Front Street Transload Facility during the construction window. Ideally, potential take is estimated by multiplying the area of the ZOI by the local animal density. This provides an estimate of the number of animals that might occupy the ZOI at any given moment. However, there are no density estimates for any Puget Sound population of marine mammal. As a result, the take requests were estimated using local marine mammal data sets, and information from state and federal agencies.

    The calculation for marine mammal exposures is estimated by:

    Exposure estimate = N (number of animals in the area) * 30 days of pile removal/driving activity

    Estimates include Level B acoustical harassment during pile removal and driving. All estimates are conservative, as pile removal/driving would not be continuous during the work day. Using this approach, a summary of estimated takes of marine mammals incidental to Bergerson's Front Street Transload Facility construction work are provided in Table 5.

    Table 5—Estimated Numbers of Marine Mammals That May Be Exposed by Level B Harassment From Pile and Pile Driving Activities Species Estimated
  • marine mammal
  • takes
  • Abundance Percentage
    Pacific harbor seal 750 16,165 4.64 California sea lion 1,100 296,750 3.71
    Analysis and Preliminary Determinations Negligible Impact

    Negligible impact is “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of Level B harassment takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat.

    To avoid repetition, this introductory discussion of our analyses applies to all the species listed in Table 5, given that the anticipated effects of Bergerson's Front Street Transload Facility construction on marine mammals are expected to be relatively similar in nature. There is no information about the nature or severity of the impacts, or the size, status, or structure of any species or stock that would lead to a different analysis for this activity, else species-specific factors would be identified and analyzed.

    Bergerson's proposed Front Street Transload Facility construction project would involve vibratory pile removal and vibratory and impact pile driving activities. Elevated underwater noises are expected to be generated as a result of these activities. The exclusion zone for Level A harassment is extremely small (2.1 m from the source) with the use of air bubble curtain system, and with the implementation of the proposed monitoring and mitigation measures described above, there would be no Level A take of marine mammals. For vibratory pile removal and pile driving, noise levels are not expected to reach the level that may cause TTS, injury (including PTS), or mortality to marine mammals.

    Additionally, the sum of noise from Bergerson's proposed Front Street Transload Facility construction activities is confined to a limited area by surrounding landmasses; therefore, the noise generated is not expected to contribute to increased ocean ambient noise. In addition, due to shallow water depths in the project area, underwater sound propagation of low-frequency sound (which is the major noise source from pile driving) is expected to be poor.

    In addition, Bergerson's proposed activities are localized and of short duration. The entire project area is limited to Bergerson's Front Street Transload Facility construction work. The entire project would involve the removal of 25 existing piles and installation of 126 piles. The duration for pile removal and pile driving would be 30 days. These low-intensity, localized, and short-term noise exposures may cause brief startle reactions or short-term behavioral modification by the animals. These reactions and behavioral changes are expected to subside quickly when the exposures cease. Moreover, the proposed mitigation and monitoring measures are expected to reduce potential exposures and behavioral modifications even further. Additionally, no important feeding and/or reproductive areas for marine mammals are known to be near the proposed action area. Therefore, the take resulting from the proposed Front Street Transload Facility construction work is not reasonably expected to, and is not reasonably likely to, adversely affect the marine mammal species or stocks through effects on annual rates of recruitment or survival.

    The proposed project area is not a prime habitat for marine mammals, nor is it considered an area frequented by marine mammals. Therefore, behavioral disturbances that could result from anthropogenic noise associated with Bergerson's construction activities are expected to affect only a small number of marine mammals on an infrequent and limited basis.

    The project also is not expected to have significant adverse effects on affected marine mammals' habitat, as analyzed in detail in the “Anticipated Effects on Marine Mammal Habitat” section. The project activities would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS preliminarily finds that the total marine mammal take from Bergerson's Front Street Transload Facility construction project will have a negligible impact on the affected marine mammal species or stocks.

    Small Number

    Based on analyses provided above, it is estimated that approximately 750 harbor seals and 1,100 California sea lions could be exposed to received noise levels that could cause Level B behavioral harassment from the proposed construction work at the Front Street Transload Facility in Newport, Oregon. These numbers represent approximately 4.6% and 3.7% of the populations of harbor seal and California sea lion, respectively, that could be affected by Level B behavioral harassment, respectively (see Table 5 above), which are small percentages relative to the total populations of the affected species or stocks.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS preliminarily finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Impact on Availability of Affected Species for Taking for Subsistence Uses

    There are no subsistence uses of marine mammals in the proposed project area; and, thus, no subsistence uses impacted by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    NMFS has determined that issuance of the IHA will have no effect on listed marine mammals, as none are known to occur in the action area.

    National Environmental Policy Act (NEPA)

    NMFS prepared a draft Environmental Assessment (EA) for the proposed issuance of an IHA, pursuant to NEPA, to determine whether or not this proposed activity may have a significant effect on the human environment. This analysis will be completed prior to the issuance or denial of this proposed IHA.

    Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to issue an IHA to Bergerson for conducting the Front Street Transload Facility construction project, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. The proposed IHA language is provided next.

    1. This Authorization is valid from November 1, 2015, through October 31, 2016.

    2. This Authorization is valid only for activities associated in-water construction work at the Front Street Transload Facility construction project in Newport, Oregon.

    3. (a) The species authorized for incidental harassment takings, Level B harassment only, are: Pacific harbor seal (Phoca vitulina richardsi) and California sea lion (Zalophus californianus).

    (b) The authorization for taking by harassment is limited to the following acoustic sources and from the following activities:

    • Vibratory and impact pile driving;

    • Vibratory pile removal; and

    • Work associated with above piling activities.

    (c) The taking of any marine mammal in a manner prohibited under this Authorization must be reported within 24 hours of the taking to the West Coast Administrator (206-526-6150), National Marine Fisheries Service (NMFS) and the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS, at (301) 427-8401, or her designee (301-427-8401).

    4. The holder of this Authorization must notify the Chief of the Permits and Conservation Division, Office of Protected Resources, at least 48 hours prior to the start of activities identified in 3(b) (unless constrained by the date of issuance of this Authorization in which case notification shall be made as soon as possible).

    5. Prohibitions

    (a) The taking, by incidental harassment only, is limited to the species listed under condition 3(a) above and by the numbers listed in Table 5. The taking by Level A harassment, injury or death of these species or the taking by harassment, injury or death of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this Authorization.

    (b) The taking of any marine mammal is prohibited whenever the required protected species observers (PSOs), required by condition 7(a), are not present in conformance with condition 7(a) of this Authorization.

    6. Mitigation

    (a) Time Restriction

    In-water construction work shall occur only during daylight hours, when visual monitoring of marine mammals can be conducted.

    (b) Air Bubble Curtain

    Bergerson shall install an air bubble curtain system around the pile during pile installation using an impact hammer.

    (c) Establishment of Level A Exclusion Zone

    Before the commencement of in-water impact pile driving activities, Bergerson shall establish Level A exclusion zone where received underwater sound pressure levels (SPLs) are higher than 190 dB (rms) re 1 µPa. The modeled isopleths for exclusion zone 2.1 m from the source.

    (d) Establishment of Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, Bergerson shall establish Level B behavioral harassment zones of influence (ZOIs) where received underwater sound pressure levels (SPLs) are higher than 120 dB (rms) re 1 µPa for vibratory pile driving and pile removal, and 160 dB (rms) re 1 µPa for impact pile driving. The modeled isopleths for vibratory pile driving and pile removal ZOI is 2,900 m from the source, and the modeled isopleths for impact pile driving ZOI is 215 m from the source.

    (e) Monitoring of marine mammals shall take place starting 30 minutes before pile driving begins until 30 minutes after pile driving ends.

    (f) Soft Start

    (i) When there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures described below.

    (ii) For impact pile driving, the contractor would provide an initial set of strikes from the impact hammer at reduced energy, followed by a 30-second waiting period, then two subsequent sets.

    (iii) For vibratory pile driving, the contractor will initiate noise from vibratory hammers for 15 seconds at reduced energy followed by a 30-second waiting period. The procedure shall be repeated two additional times.

    (g) Shutdown Measures

    (i) Bergerson shall implement shutdown measures if a marine mammal is sighted within or approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if the animal is not sighted for 30 minutes after the shutdown.

    (ii) Bergerson shall implement shutdown measures if the number of any allotted marine mammal takes reaches the limit under the IHA (if issued), if such marine mammals are sighted within the vicinity of the project area and are approaching the Level B ZOI during pile removal activities.

    (iii) Bergerson shall implement shutdown measures if marine mammals with the ZOI appear disturbed by the work activity.

    7. Monitoring:

    (a) Protected Species Observers

    Bergerson shall employ NMFS-approved PSOs to conduct marine mammal monitoring for its construction project.

    (i) During pile removal and installation, two land-based protected species observers (PSOs) shall monitor the area from the best observation points available.

    (ii) If weather conditions prevent adequate land-based observations of the entire ensonified zones, boat-based monitoring shall be implemented.

    (ii) Experience or training in the field identification of marine mammals (cetaceans and pinnipeds).

    (iii) Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 × 42 power).

    (iv) Data collection during marine mammal monitoring would consist of a count of all marine mammals by species, a description of behavior (if possible), location, direction of movement, type of construction that is occurring, time that pile replacement work begins and ends, any acoustic or visual disturbance, and time of the observation. Environmental conditions such as weather, visibility, temperature, tide level, current, and sea state would also be recorded.

    8. Reporting:

    (a) Bergerson shall provide NMFS with a draft monitoring report within 90 days of the conclusion of the construction work or within 90 days of the expiration of the IHA, whichever comes first. This report shall detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed.

    (b) If comments are received from the NMFS West Coast Regional Administrator or NMFS Office of Protected Resources on the draft report, a final report shall be submitted to NMFS within 30 days thereafter. If no comments are received from NMFS, the draft report will be considered to be the final report.

    (c) In the unanticipated event that the construction activities clearly cause the take of a marine mammal in a manner prohibited by this Authorization (if issued), such as an injury, serious injury, or mortality, Bergerson shall immediately cease all operations and immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators. The report must include the following information:

    (i) Time, date, and location (latitude/longitude) of the incident;

    (ii) Description of the incident;

    (iii) Status of all sound source use in the 24 hours preceding the incident;

    (iv) Environmental conditions (e.g., wind speed and direction, sea state, cloud cover, visibility, and water depth);

    (v) Description of marine mammal observations in the 24 hours preceding the incident;

    (vi) Species identification or description of the animal(s) involved;

    (vii) The fate of the animal(s); and

    (viii) Photographs or video footage of the animal (if equipment is available).

    Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS shall work with Bergerson to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Bergerson may not resume their activities until notified by NMFS via letter, email, or telephone.

    (E) In the event that Bergerson discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition as described in the next paragraph), Bergerson will immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with Bergerson to determine whether modifications in the activities are appropriate.

    (F) In the event that Bergerson discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), Bergerson shall report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators, within 24 hours of the discovery. Bergerson shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Bergerson can continue its operations under such a case.

    9. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein or if the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals, or if there is an unmitigable adverse impact on the availability of such species or stocks for subsistence uses.

    10. A copy of this Authorization must be in the possession of each contractor who performs the construction work at the Front Street Transload Facility constructions.

    Dated: August 10, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-19958 Filed 8-12-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary Reserve Forces Policy Board (RFPB); Notice of Federal Advisory Committee Meeting AGENCY:

    Office of the Secretary of Defense, Reserve Forces Policy Board, DoD.

    ACTION:

    Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the Reserve Forces Policy Board will take place.

    DATES:

    Wednesday, September 2, 2015 from 8:20 a.m. to 4:30 p.m.

    ADDRESSES:

    The address for the Open Session of the meeting is the Army Navy Country Club, 1700 Army Navy Drive, Arlington, VA 22202.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Alex Sabol, Designated Federal Officer, (703) 681-0577 (Voice), (703) 681-0002 (Facsimile), Email—[email protected] Mailing address is Reserve Forces Policy Board, 5113 Leesburg Pike, Suite 601, Falls Church, VA 22041. Web site: http://rfpb.defense.gov/. The most up-to-date changes to the meeting can be found on the RFPB's Web site.

    SUPPLEMENTARY INFORMATION:

    This meeting notice is being published under the provisions of the Federal Advisory Committee Act of 1972 (FACA) (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is to obtain, review and evaluate information related to strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the Reserve Components. Additionally, the Board will review its work from the past year and determine what matters to include in the annual report required by law to be transmitted to the President and the Congress by the Secretary of Defense.

    Agenda: The RFPB will hold a meeting from 8:20 a.m. until 4:30 p.m. The meeting will be open to the public and will focus on discussions of the Service's personnel system reforms being considered under the Force of the Future initiative and its effects on the Reserve Components to the RFPB from the invited speakers to include the Acting Under Secretary of Defense (Personnel and Readiness), Chief of Naval Personnel, U.S. Navy; Deputy Chief of Staff for Manpower, Personnel and Services, U.S. Air Force; Deputy Chief of Staff, G-1, U.S. Army; Deputy Commandant for Manpower and Reserve Affairs, U.S. Marine Corps; and Director, Reserve & Military Personnel, U.S. Coast Guard. Additionally, two of the RFPB subcommittee chairs will provide updates on the work of their respective subcommittee. The Ensuring a Ready, Capable, Available and Sustainable Operational Reserve Subcommittee will provide findings of their review of the Department's and Service's mobilization and dwell time policies and authorities affecting the Reserve Component operational availability, and will conclude with a briefing by the Institute for Defense Analyses (IDA) on the initial findings of their study on the Reserve Component effectiveness during Operation Iraqi Freedom (OIF). The Supporting & Sustaining Reserve Component Personnel Subcommittee plans to highlight issues and to recommend a change to the Service's management of their Individual Ready Reserve (IRR) programs.

    Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, the meeting is open to the public from 8:20 a.m. to 4:30 p.m. Seating is based on a first-come, first-served basis. All members of the public who wish to attend the public meeting must contact Mr. Alex Sabol, the Designated Federal Officer, not later than 12:00 p.m. on Thursday, August 27, 2015, as listed in the FOR FURTHER INFORMATION CONTACT section.

    Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the FACA, interested persons may submit written statements to the RFPB at any time about its approved agenda or at any time on the Board's mission. Written statements should be submitted to the RFPB's Designated Federal Officer at the address or facsimile number listed in the FOR FURTHER INFORMATION CONTACT section. If statements pertain to a specific topic being discussed at the planned meeting, then these statements must be submitted no later than five (5) business days prior to the meeting in question. Written statements received after this date may not be provided to or considered by the RFPB until its next meeting. The Designated Federal Officer will review all timely submitted written statements and provide copies to all the committee members before the meeting that is the subject of this notice. Please note that since the RFPB operates under the provisions of the FACA, all submitted comments and public presentations will be treated as public documents and will be made available for public inspection, including, but not limited to, being posted on the RFPB's Web site.

    Dated: August 10, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-19900 Filed 8-12-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0102] Agency Information Collection Activities; Comment Request; Gap Analysis Tool Implementation and Outcomes Evaluation (Future Ready Leaders Study) AGENCY:

    Office of the Secretary/Office of the Deputy Secretary (OS), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a new information collection.

    DATES:

    Interested persons are invited to submit comments on or before October 13, 2015.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://wwww.regulations.gov by searching the Docket ID number ED-2015-ICCD-0102. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E105, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Bernadette Adams, (202) 205-9898.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Gap Analysis Tool Implementation and Outcomes Evaluation (Future Ready Leaders Study).

    OMB Control Number: 1894-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 362.

    Total Estimated Number of Annual Burden Hours: 217.

    Abstract: This submission requests approval of data collection activities that will be used to support Gap Analysis Tool Implementation and Outcomes Evaluation. The evaluation will assess the usability and the proximal impact of the Gap Analysis Tool on district leaders' attitudes and plans regarding future readiness.

    Dated: August 10, 2015. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-19897 Filed 8-12-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Notice.

    Overview Information:

    Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center Notice inviting applications for new awards for fiscal year (FY) 2015.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.264G.

    DATES:

    Applications Available: August 13, 2015.

    Date of Pre-Application Webinar: August 18, 2015.

    Deadline for Transmittal of Applications: September 14, 2015.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: Under the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Workforce Innovation and Opportunity Act (WIOA), the Rehabilitation Services Administration (RSA) makes grants to States and public or nonprofit agencies and organizations (including institutions of higher education (IHEs)) to support projects that provide training, traineeships, and technical assistance (TA) designed to increase the numbers of, and improve the skills of, qualified personnel, especially rehabilitation counselors, who are trained to: Provide vocational, medical, social, and psychological rehabilitation services to individuals with disabilities; assist individuals with communication and related disorders; and provide other services authorized under the Rehabilitation Act.

    Priority: This notice includes one absolute priority. This priority is from the notice of final priority (NFP) for this program, published elsewhere in this issue of the Federal Register.

    Absolute Priority: For FY 2015, this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority.

    This priority is:

    Vocational Rehabilitation Workforce Innovation Technical Assistance Center.

    Note:

    The full text of this priority is included in the NFP for this program, published elsewhere in this issue of the Federal Register, and in the application package for this competition.

    Program Authority: 29 U.S.C. 772(a)(1).

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (d) 34 CFR part 385. (e) The NFP.

    Note:

    The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.

    Note:

    The regulations in 34 CFR part 86 apply only to IHEs.

    II. Award Information

    Type of Award: Cooperative agreement.

    Estimated Available Funds: $3,500,000.

    Maximum Award: We will reject any application that proposes a budget exceeding $3,500,000 for a single budget period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change the maximum amount through a notice published in the Federal Register.

    Estimated Number of Awards: 1.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 60 months.

    Continuing the Fourth and Fifth Years of the Project:

    In deciding whether to continue funding the Vocational Rehabilitation Workforce Innovation Technical Assistance Center for the fourth and fifth years, the Department, as part of the review of the application narrative and annual performance reports, will consider the degree to which the program demonstrates substantial progress toward completing the tasks outlined in the Project Activities section of the priority, with particular emphasis on the successful delivery of intensive TA.

    III. Eligibility Information

    1. Eligible Applicants: States and public or nonprofit agencies and organizations, including Indian tribes and IHEs.

    2. Cost Sharing or Matching: Cost sharing of at least 10 percent of the total cost of the project is required of grantees under the Rehabilitation Training Program. Any program income that may be incurred during the period of performance may only be directed towards advancing activities in the approved grant application and may not be used towards the 10 percent match requirement. The Secretary may waive part of the non-Federal share of the cost of the project after negotiations if the applicant demonstrates that it does not have sufficient resources to contribute the entire match (29 U.S.C. 772(a)(1)).

    Note:

    Under 34 CFR 75.562(c), an indirect cost reimbursement on a training grant is limited to the recipient's actual indirect costs, as determined by its negotiated indirect cost rate agreement, or eight percent of a modified total direct cost base, whichever amount is less. Indirect costs in excess of the limit may not be charged directly, used to satisfy matching or cost-sharing requirements, or charged to another Federal award.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet, from the Education Publications Center (ED Pubs), or from the program office.

    To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html.

    To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.264G.

    To obtain a copy from the program office, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2.a. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. Because of the limited time available to review applications and make a recommendation for funding, we strongly encourage applicants to limit the application narrative to no more than 75 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    In addition to the page-limit guidance on the application narrative section, we recommend that you adhere to the following page limits, using the standards listed above: (1) The abstract should be no more than one page, (2) the resumes of key personnel should be no more than two pages per person, and (3) the bibliography should be no more than three pages. The only optional materials that will be accepted are letters of support. Please note that our reviewers are not required to read optional materials.

    Please note that any funded applicant's application abstract will be made available to the public.

    b. Submission of Proprietary Information:

    Given the types of projects that may be proposed in applications for the Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center competition, an application may include business information that the applicant considers proprietary. The Department's regulations define “business information” in 34 CFR 5.11.

    Because we plan to make the abstract of the successful application available to the public, you may wish to request confidentiality of business information.

    Consistent with Executive Order 12600, please designate in your application any information that you feel is exempt from disclosure under Exemption 4 of the Freedom of Information Act. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Submission Dates and Times:

    Applications Available: August 13, 2015.

    Date of Pre-Application Webinar: Interested parties are invited to participate in a pre-application Webinar. The pre-application Webinar with staff from the Department will be held on August 18, 2015. The Webinar will be recorded. For further information about the pre-application Webinar, contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Deadline for Transmittal of Applications: September 14, 2015.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 7. Other Submission Requirements of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. However, under 34 CFR 79.8(a), we waive intergovernmental review in order to make an award by the end of FY 2015.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center, CFDA number 84.264G, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.264, not 84.264G).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a PDF (Portable Document) read-only, non-modifiable format. Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF or submit a password-protected file, we will not review that material.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. (This notification indicates receipt by Grants.gov only, not receipt by the Department.) The Department then will retrieve your application from Grants.gov and send a second notification to you by email. This second notification indicates that the Department has received your application and has assigned your application a PR/Award number (an ED-specified identifying number unique to your application).

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza (PCP), Washington, DC 20202-2800. FAX: (202) 245-7335.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.264G) LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    If your application is postmarked after the application deadline date, we will not consider your application.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.264G), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210 and are listed in the application package.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Special Conditions: Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    4. Performance Measures: The Government Performance and Results Act of 1993 directs Federal departments and agencies to improve the effectiveness of programs by engaging in strategic planning, setting outcome-related goals for programs, and measuring program results against those goals.

    The purpose of this priority is to fund a cooperative agreement to establish a Vocational Rehabilitation Workforce Innovation Technical Assistance Center to achieve, at a minimum, the following outcomes:

    (a) Implementation of effective and efficient “pre-employment transition services” for students with disabilities, as set forth in section 113 of the Rehabilitation Act;

    (b) Implementation by State VR agencies, in coordination with local and State educational agencies and with the Department of Labor, of the requirements in section 511 of the Rehabilitation Act that are under the purview of the Department of Education;

    (c) Increased access to supported employment and customized employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, receiving services under the State VR and Supported Employment programs;

    (d) An increased percentage of individuals with disabilities who receive services through the State VR agency and who achieve employment outcomes in competitive integrated employment;

    (e) Improved collaboration between State VR agencies and other core programs of the workforce development system; and

    (f) Implementation of the new common performance accountability system under section 116 of WIOA.

    The cooperative agreement will specify the short-term and long-term measures that will be used to assess the grantee's performance against the goals and objectives of the project and the outcomes listed in the preceding paragraph.

    In its annual and final performance report to the Department, the grant recipient will be expected to report the data outlined in the cooperative agreement that is needed to assess its performance.

    The cooperative agreement and annual report will be reviewed by RSA and the grant recipient between the third and fourth quarter of each project period. Adjustments will be made to the project accordingly in order to ensure demonstrated progress towards meeting the goals and outcomes of the project.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Jerry Elliott, U.S. Department of Education, Rehabilitation Services Administration, 400 Maryland Avenue SW., Room 5021, PCP, Washington, DC 20202-2800. Telephone: (202) 245-7335 or by email: [email protected]

    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: August 7, 2015. Michael K. Yudin, Assistant Secretary for Special Education and Rehabilitative Services.
    [FR Doc. 2015-20003 Filed 8-12-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Assessing the Role of Noncognitive and School Environmental Factors in Students' Transitions to High School in New Mexico; Docket ID Number; Correction AGENCY:

    Department of Education.

    ACTION:

    Correction notice.

    SUMMARY:

    On August 7, 2015 the U.S. Department of Education published a 30-day comment period notice in the Federal Register Page 47482, Columns 1, 2 and 3; seeking public comment for an information collection entitled, “Assessing the Role of Noncognitive and School Environmental Factors in Students' Transitions to High School in New Mexico.” ED is requesting a correction to the Docket ID Number listed under the Addresses section of the Federal Register Notice. The correct Docket ID Number is ED-2015-ICCD-0067.

    The Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

    Dated: August 10, 2015. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management.
    [FR Doc. 2015-19898 Filed 8-12-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL15-89-000] Boston Energy Trading and Marketing LLC v. Midcontinent Independent System Operator, Inc.; Notice of Complaint

    Take notice that on August 6, 2015, pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal Energy Regulatory Commission's Rules of Practice and Procedure, 18 CFR 385.206 (2015), Boston Energy Trading and Marketing (Complainant or BETM), filed a formal complaint against Midcontinent Independent System Operator, Inc. (Respondent or MISO) alleging that MISO forced BETM to enter into a partnership for its market participant funded transmission project with a competitor even though BETM submitted its request for a market participant funded upgrade prior to its competitor J Aron & Company. BETM asserts that MISO's actions constitute an unjust and unreasonable practice that significantly affects rates under section 206.

    BETM certifies that copies of the complaint were served on the contacts for MISO as listed on the Commission's list of Corporate Officials.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5 p.m. Eastern Time on August 24, 2015.

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19896 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC15-183-000.

    Applicants: Allegheny Ridge Wind Farm, LLC, Aragonne Wind LLC, Blue Canyon Windpower LLC, Buena Vista Energy LLC, Caprock Wind LLC, Cedar Creek Wind Energy, LLC, Crescent Ridge LLC, Eurus Combine Hills I LLC, GSG, LLC, Kumeyaay Wind LLC, Mendota Hills, LLC.

    Description: Application for Authorization for Disposition of Jurisdictional Facilities and Request for Expedited Action of Allegheny Ridge Wind Farm, LLC, et al.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5027.

    Comments Due: 5 p.m. ET 8/27/15.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG15-111-000.

    Applicants: Chapman Ranch Wind I, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Chapman Ranch Wind I, LLC.

    Filed Date: 8/5/15.

    Accession Number: 20150805-5140.

    Comments Due: 5 p.m. ET 8/26/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1721-000.

    Applicants: energy.me midwest llc.

    Description: Response to July 14, 2015 Commission Letter requesting additional information of energy.me midwest llc.

    Filed Date: 8/5/15.

    Accession Number: 20150805-5169.

    Comments Due: 5 p.m. ET 8/19/15.

    Docket Numbers: ER15-2386-000.

    Applicants: PJM Interconnection, L.L.C., Virginia Electric and Power Company.

    Description: Section 205(d) Rate Filing: Virginia Electric and Power submits revisions to OATT Attachment H16-C to be effective 6/15/2015.

    Filed Date: 8/5/15.

    Accession Number: 20150805-5142.

    Comments Due: 5 p.m. ET 8/26/15.

    Docket Numbers: ER15-2387-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) Rate Filing: 2015-08-06_SA 2524 ITC Transmission-DTE Electric 3rd Rev. GIA (J235/J354) to be effective 8/7/2015.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5097.

    Comments Due: 5 p.m. ET 8/27/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19885 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-1881-007; ER11-1882-007; ER11-1883-007; ER11-1885-007; ER11-1886-007; ER11-1887-007; ER11-1889-007; ER11-1890-007; ER11-1892-007; ER11-1893-007; ER11-1894-007.

    Applicants: Burley Butte Wind Park, LLC, Golden Valley Wind Park, LLC, Milner Dam Wind Park, LLC, Oregon Trail Wind Park, LLC, Pilgrim Stage Station Wind Park, LLC, Thousand Springs Wind Park, LLC, Tuana Gulch Wind Park, LLC, Camp Reed Wind Park, LLC, Payne's Ferry Wind Park, LLC, Salmon Falls Wind Park, LLC, Yahoo Creek Wind Park, LLC.

    Description: Notice of Non-Material Change in Status of the IWP Sellers.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5051.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2395-000.

    Applicants: Tucson Electric Power Company.

    Description: § 205(d) Rate Filing: Construction Agreements to be effective 10/7/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5123.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2396-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: Clatskanie PUD E&P Agreement Troutdale Sub to be effective 10/7/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5138.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2397-000.

    Applicants: PJM Interconnection, L.L.C., Public Service Electric and Gas Company.

    Description: § 205(d) Rate Filing: PSE&G submits revisions to the OATT Attachment H-10A adjusting the PBOP to be effective 1/1/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5147.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2398-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: NYISO 205 joint filing re: IA among NYISO, NYSEG, TrAILCo and PJM to be effective 8/8/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5172.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2399-000.

    Applicants: PJM Interconnection, L.L.C., CMS Energy Resource Management Company.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4174—NITSA among PJM and CMS ERM to be effective 12/31/9998.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5178.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2400-000.

    Applicants: New York State Electric & Gas Corporation.

    Description: Tariff Cancellation: Cancellation of Services Agreement with FirstEnergy Service Company to be effective 8/8/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5181.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2401-000.

    Applicants: Pennsylvania Electric Company, Trans-Allegheny Interstate Line Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Penelec and TrAILCo submit Original SA No. 4239 and Revised SA No. 3963 to be effective 8/8/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5198.

    Comments Due: 5 p.m. ET 8/28/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19891 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL15-88-000] Indicated Market Participants v. PJM Interconnection, L.L.C.; Notice of Complaint

    Take notice that on August 6, 2015, pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824(e) and 825(e) and section 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206, Indicated Market Participants (Complainant), filed a formal complaint against PJM Interconnection, L.L.C. (Respondent), alleging that the Respondent's Open Access Transmission Tariff is unjust and unreasonable to the extent it does not allow the Respondent to consider total system costs in clearing sell offers in the Capacity Performance Resources Delivery Years 2016-2018 and 2017/2018, as more fully explained in the complaint.

    The Complainant certifies that copies of the complaint were served on the contacts for the Respondent as listed on the Commission's list of Corporate Officials and Respondent's representatives of record in Docket No. ER15-623.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on August 17, 2015.

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19895 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-538-000] Columbia Gas Transmission, LLC; Notice of Request Under Blanket Authorization

    Take notice that on July 29, 2015, Columbia Gas Transmission, LLC (Columbia) 5151 San Felipe Suite 2500, Houston, Texas 77056, filed in Docket No. CP15-538-000, a prior notice request pursuant to sections 157.205, 157.13 and 157.216 of the Commission's regulations under the Natural Gas Act and Columbia's blanket certificate issued in Docket No. CP83-76-000. Columbia seeks authorization to convert Well No. 4604 from active injection/withdrawal status to observation status, and to abandon Line 29171, consisting of approximately 497 feet of 4-inch diameter pipeline located in its Victory Storage Field in Marshall County, West Virginia, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or TTY at (202) 502-8659.

    Any questions concerning this application may be directed to Matthew J. Agen, Senior Counsel, Columbia Gas Transmission, LLC, 5151 San Felipe Suite 2500, Houston, Texas 77056, at (713) 386-3619.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site (www.ferc.gov) under the “e-Filing” link.

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19893 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2883-008] Aquenergy Systems, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process

    Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    Project No.: 2883-008.

    Date Filed: May 28, 2015.

    Submitted By: Aquenergy Systems, LLC.

    Name of Project: Fries Hydroelectric Project.

    Location: On the New River, in Grayson County, Virginia. No federal lands are occupied by the project works or located within the project boundary.

    Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.

    Applicant Contact: Beth Harris, One Tech Drive, Suite 220, Andover, MA 01810; (864) 846-0042, extension 100; email—mailto: [email protected]

    FERC Contact: Nick Ettema at (202) 502-6565; or email at [email protected]

    Aquenergy filed its request to use the Traditional Licensing Process on May 28, 2015. Aquenergy provided public notice of its request on June 8, 2015. In a letter dated August 6, 2015, the Director of the Division of Hydropower Licensing approved Aquenergy's request to use the Traditional Licensing Process.

    With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, part 402. We are also initiating consultation with the Virginia State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    With this notice, we are designating Aquenergy as the Commission's non-federal representative for carrying out informal consultation pursuant to section 7 of the Endangered Species Act and consultation pursuant to section 106 of the National Historic Preservation Act.

    Aquenergy filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.

    A copy of the PAD is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph h.

    The licensee states its unequivocal intent to submit an application for a new license for Project No. 2883. Pursuant to 18 CFR 16.8, 16.9, and 16.10 each application for a new license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for license for this project must be filed by May 31, 2018.

    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19889 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-536-000] Transcontinental Gas Pipe Line Company, LLC; Notice of Application

    Take notice that on July 27, 2015, Transcontinental Gas Pipe Line Company, LLC (Transco), PO Box 1396, Houston, Texas 77251, filed in Docket No. CP15-536-000 an application pursuant to section 7(b) of the Natural Gas Act (NGA) and part 157 of the Commission's regulations, requesting authorization to abandon by sale approximately 26.55 miles of 20-inch-diameter gathering pipeline and appurtenances to Tana Exploration Company LLC (Tana). Transco states that the facilities extend from the point of interconnection in Matagorda Island Block 669 between Tana's 10-inch-diameter gathering pipeline and Transco's pipeline to Fieldwood Energy LLC's Platform A in Brazos Block A-133, located in federal waters offshore Texas, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this application should be directed to Scott C. Turkington, Director Rates & Regulatory, Transcontinental Gas Pipe Line Company, LLC, P.O. Box 1396, Houston, Texas 77251-1396, by telephone at (713) 215-3391, or by email at [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit five copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and five copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5 p.m. Eastern Time on August 27, 2015.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19892 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator Status Seville Solar One LLC EG15-71-000 Tallbear Seville LLC EG15-72-000 Garrison Energy Center LLC EG15-73-000 RE Mustang LLC EG15-74-000 RE Mustang 3 LLC EG15-75-000 RE Mustang 4 LLC EG15-76-000 Logan's Gap Wind LLC EG15-77-000 Fowler Ridge IV Wind Farm LLC EG15-78-000 Cameron Wind I, LLC EG15-79-000 67RK 8me LLC EG15-80-000 65HK 8me LLC EG15-81-000 Balko Wind Transmission, LLC EG15-82-000 Goodwell Wind Project, LLC EG15-83-000 Breckinridge Wind Project, LLC EG15-84-000 Alpaca Energy LLC EG15-85-000 Beaver Dam Energy LLC EG15-86-000 Milan Energy LLC EG15-87-000 Oxbow Creek Energy LLC EG15-88-000 Greenleaf Power Management LLC EG15-89-000 Adelanto Solar, LLC EG15-90-000 Adelanto Solar II, LLC EG15-91-000

    Take notice that during the month of June and July 2015, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a).

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19894 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-537-000] DBM Pipeline, LLC; Notice of Request Under Blanket Authorization

    Take notice that on July 27, 2015, DBM Pipeline, LLC (DBM Pipeline), 1201 Lake Robbins Drive, The Woodlands, Texas 77380, filed in Docket No. CP15-537-000, a prior notice request pursuant to sections 157.205, 157.208, and 157.210 of the Commission's regulations under the Natural Gas Act (NGA). DBM Pipeline seeks authorization to construct and operate approximately 9 miles of 20-inch-diameter pipeline in Reeves and Culberson Counties, Texas, and Eddy County, New Mexico. DBM Pipeline proposes to perform these activities under its blanket certificate issued in Docket No. CP15-104-000 [152 FERC ¶ 62,056 (2015)], all as more fully set forth in the application which is on file with the Commission and open to public inspection.

    The filing may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this application should be directed to Philip H. Peacock, Vice President, General Counsel, and Corporate Secretary, DBM Pipeline, LLC, 1201 Lake Robbins Drive, The Woodlands, Texas, 77380, or by calling (832) 636-6000 (telephone) philip.pe[email protected]

    Any person or the Commission's Staff may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to section 157.205 of the Commission's Regulations under the NGA (18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site (www.ferc.gov) under the “e-Filing” link. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19886 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-2380-000] Willey Battery Utility, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Willey Battery Utility, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is August 26, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19888 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER13-1991-004; ER13-1992-004.

    Applicants: Desert Sunlight 250, LLC, Desert Sunlight 300, LLC.

    Description: Notice of Change in Status of Desert Sunlight 250, LLC and Desert Sunlight 300, LLC.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5160.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-1759-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Report Filing: 2015-08-07_SA 2789 Refund Report of ATC-ITC Midwest Operating Agreement to be effective N/A.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5050.

    Comments Due: 5 p.m. ET 8/28/15.

    Docket Numbers: ER15-2388-000.

    Applicants: NorthWestern Corporation.

    Description: Initial rate filing: SA 754—MDT Utilities Agreement re Capitol-Cedar Interchange Project to be effective 10/6/2015.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5124.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2389-000.

    Applicants: PJM Interconnection, L.L.C., PPL Electric Utilities Corporation.

    Description: Section 205(d) Rate Filing: PPL submits Coordination Agreement No. 1014 with Borough of Blakley to be effective 1/1/2014.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5126.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2390-000

    Applicants: PJM Interconnection, L.L.C., PPL Electric Utilities Corporation.

    Description: Section 205(d) Rate Filing: PPL submits Coordination Agreement No. 1018 with Borough of Hatfield to be effective 1/1/2014.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5129.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2391-000.

    Applicants: PJM Interconnection, L.L.C., PPL Electric Utilities Corporation.

    Description: Section 205(d) Rate Filing: PPL submits Coordination Agreement No. 1019 with Borough of Lansdale to be effective 1/1/2014.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5132.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2392-000.

    Applicants: PJM Interconnection, L.L.C., PPL Electric Utilities Corporation.

    Description: Section 205(d) Rate Filing: PPL submits Coordination Agreement No. 1024 with Borough of Quakertown to be effective 1/1/2014.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5137.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2393-000.

    Applicants: Southern California Edison Company.

    Description: Section 205(d) Rate Filing: Agreement for Additional SCE Connection to Eldorado 500 kV Switchyard to be effective 8/7/2015.

    Filed Date: 8/6/15.

    Accession Number: 20150806-5145.

    Comments Due: 5 p.m. ET 8/27/15.

    Docket Numbers: ER15-2394-000.

    Applicants: Alabama Power Company.

    Description: Section 205(d) Rate Filing: Infigen Energy US Development (Georgia Sun I) SGIA Filing to be effective 7/24/2015.

    Filed Date: 8/7/15.

    Accession Number: 20150807-5001.

    Comments Due: 5 p.m. ET 8/28/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 7, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19890 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER15-1721-000] Energy.Me Midwest LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Energy.Me Midwest LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is August 19, 2015.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 6, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-19887 Filed 8-12-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2012-0072; FRL-9929-37-OSWER] Waste Management System; Testing and Monitoring Activities; Notice of Availability of Final Update V of SW-846 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA or Agency) is providing notice of the availability of “Final Update V” to the Third Edition of the manual, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846. Final Update V contains analytical methods, of which 8 are new and 15 are revised. The methods in Update V may be used in monitoring or complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. This action includes revisions to the methods in response to comments received on a Notice published in the Federal Register on October 23, 2013 and finalizes the methods and guidance. In addition, the Agency is also finalizing revisions to Chapters One through Five of SW-846 and an Office of Resource Conservation and Recovery (ORCR) policy statement in the SW-846 methods compendium. The Agency is issuing this Update as guidance since the changes in this document to the SW-846 analytical methods are not required by RCRA's hazardous waste regulations. Any required analytical methods have not been changed.

    FOR FURTHER INFORMATION CONTACT:

    Kim Kirkland, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0002; telephone number: (703) 308-8855, fax number: (703) 308-0509, email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    This notice is directed to the public in general. It may, however, be of particular interest to those conducting waste sampling and analysis for RCRA-related activities. This universe might include any entity that generates, treats, stores, or disposes of hazardous or nonhazardous solid waste and might also include any laboratory that conducts waste sampling and analyses for such entities.

    B. How can I get copies of Final Update V and other related information?

    1. The Agency has established a docket for this action under Docket ID No. EPA-RCRA-2012-0072; FRL-9901-86-OSWER and FRL-9929-37-OSWER. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the OSWER RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, and 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OSWER RCRA Docket is (202) 566-0270.

    C. How can I get copies of the Third Edition of SW-846 its updates?

    The Third Edition of SW-846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA, IVB, and V, is available in pdf format on the Internet at http://www.epa.gov/SW-846.

    D. How is the rest of this Notice organized? Sections: II. What is the subject and purpose of this Notice? III. Why is the Agency releasing Update V to SW-846? IV. What does final Update V contain? V. What revisions are discussed in this Notice? VI. Summary II. What is the subject and purpose of this Notice?

    The Agency is announcing publication of Final Update V to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846, which is now part of the SW-846 methods compendium. Specifically, Update V of SW-846 contains revisions to the first five chapters of SW-846 and 23 new and modified analytical methods that the Agency has evaluated, and/or revised and determined to be appropriate and may be used for monitoring or complying with the RCRA hazardous waste regulations. Eight of the 23 methods are new methods that have been fully validated, i.e., they have completed technical and Agency workgroup review and approval. In addition these eight new methods are being announced in the Federal Register through this notice. Since the methods have completed the approval process, they will be removed from the “Validated Methods” link at: http://www.epa.gov/epawaste/hazard/testmethods/sw846/new_meth.htm and incorporated in the SW-846 methods compendium at: http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm.

    The 15 revised methods have replaced the previous versions in the final update package and will also be placed into the SW-846 methods compendium. Because the RCRA hazardous waste regulations do not require the analytical methods contained in Update V, the Agency is issuing this update as guidance. This guidance does not add or change the RCRA regulations, and does not have any impact on existing rulemakings associated with the RCRA program. To date, the Agency has finalized Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA, and IVB to the SW-846 manual, which can be found on the Agency's ORCR Web page at: http://www.epa.gov/SW-846.

    III. Why is the Agency releasing final Update V to SW-846?

    SW-846 is revised over time as new information and data become available. The Agency continually reviews advances in analytical instrumentation and techniques and periodically incorporates such advances into SW-846 as method updates by adding new methods to the manual, and replacing existing methods with revised versions of the same method. On October 23, 2013, the Agency published a FR Notice (78 FR 63185), announcing the availability of Update V to SW-846. When the comment period closed on January 23, 2014, the Agency received a total of 111 technical and general comments on the Update. The Agency revised the methods and chapters based on comments received, when it was appropriate to do so.

    Revisions made were either editorial for clarity or technical for accuracy. A summary of significant changes are noted in Appendix A of each revised method.1 In addition, significant revisions to the chapters are discussed in Section V of this Notice. These methods can be used for any RCRA applications, other than those specifically required by regulation. In cases that the regulation does not specify the method, the analyst should select an appropriate method in which the performance can be demonstrated and meet project-specific Data Quality Objectives (DQOs). On a related matter, the Agency is also finalizing an ORCR Policy Statement that responds to concerns the Environmental Laboratory Advisory Board (ELAB) has expressed regarding the official version and status of various methods. ELAB is a committee established under the Federal Advisory Committee Act (FACA) that advises the Agency on measurement, monitoring, and laboratory science issues. The ELAB contacted the Agency's Forum on Environmental Measurements (FEM) 2 with several issues regarding the use of SW-846, specifically seeking clarification about which versions of a revised method are recommended, and seeking clarification in defining terminology used to identify the category of methods.

    1 Specifically, this summary of significant changes (Appendix A) is included in each newly-revised method referenced in this notice, to assist users in identifying changes from the prior version of the method. EPA also intends to include such summaries in future method revisions.

    2 The FEM is a standing committee of senior EPA managers established in 2003 to promote consistency and consensus within the EPA on measurement issues, and provide an internal and external contact point for addressing measurement methodology, monitoring, and laboratory science issues with multi-program impacts.

    The Agency did not receive any comments regarding the content of the ORCR Policy Statement and has finalized it without change. As a reminder, the Agency strongly recommends the use of the latest version of an SW-846 method. The Agency, however, is not imposing restrictions on the use of earlier versions of non-required SW-846 methods or precluding the use of previous guidance, if such use is appropriate. For example, earlier versions of an SW-846 method may be more appropriate for regulatory purposes (e.g., for compliance with an existing permit or consent decree), or when new method versions may be more costly to run or perform, than necessary for meeting project-specific objectives.

    IV. What does final Update V contain?

    Final Update V contains revisions to Chapters One through Five of EPA's publication SW-846. As noted above, no changes are made to Method Defined Parameters (MDPs), which are required by the RCRA regulation and must be followed prescriptively. Also, no changes were made to general sections of SW-846 to the extent they apply to MDPs. The analytical methods in Update V are considered guidance, provide a basic standard operating procedure, and may be modified where appropriate.

    In addition, included in the original Update V Notice, was “The ORCR Policy Statement,” which was developed as a result of stakeholders' discussions regarding a need for clarification of the status and definitions (e.g., validated, final, superseded) of methods in SW-846. For example, the policy statement is clear that “the most recent version” of an approved method in SW-846, should be used, unless an existing permit, consent decree, etc.) This policy statement appeared in the original Update V Federal Register Notice. See: October 23, 2013 (78 FR 63188-63190), and has been inserted in SW-846 in the table of contents after the Preface. For more information on the policy statement see: http://www.epa.gov/wastes/hazard/testmethods/sw846/online/index.htm. The Agency further notes that its Quality Assurance/Quality Control (QA/QC) guidance (e.g., lower limit of quantitation (LLOQ), relative standard error (RSE), initial demonstration of proficiency (IDP), etc.), while it appears in Chapter One, is also discussed in appropriate sections of the individual methods. Updated V documents are dated July 2014, even though this Update is announced publicly in this 2015 Federal Register Notice. The July 2014 documents are identified as “Update V” in the document footer.

    Table 1 provides a listing of the five revised chapters and 23 methods in this Update V.

    Table 1—Final Update V [Methods, Chapters and Guidance] Analytical method No. Method or chapter title Table of Contents. Chapter One—Quality Control. Chapter Two—Choosing the Correct Procedure. Chapter Three—Inorganic Analytes. Chapter Four—Organic Analytes. Chapter Five—Miscellaneous Test Methods. 1030 Ignitability of Solids. 3200 * Mercury Species Fractionation and Quantification by Microwave-Assisted Extraction, Selective Solvent Extraction and/or Solid Phase Extraction. 3511 * Organic Compounds in Water by Microextraction. 3572 * Extraction of Wipe Samples for Chemical Agents. 3620C Florisil Cleanup. 4025 * Screening for Polychlorinated Dibenzodioxins and Polychlorinated Dibenzofurans (PCDD/Fs) by Immunoassay. 4430 * Screening for Polychlorinated Dibenzo-p-Dioxins and Furans (PCDD/Fs) by Aryl Hydrocarbon Receptor PCR Assay. 4435 * Method for Toxic Equivalent (TEQS) Determination for Dioxin-Like Chemical Activity With the CALUX® Bioassay. 5021A Volatile Organic Compounds in Various Sample Matrices Using Equilibrium Headspace Analysis. 6010D Inductively Coupled Plasma-Atomic Emission Spectrometry. 6020B Inductively Coupled Plasma-Mass Spectrometry. 6800 Elemental and Speciated Isotope Dilution Mass Spectrometry. 8000D Determinative Chromatographic Separations. 8021B Aromatic and Halogenated Volatiles by Gas Chromatography Using Photoionization and/or Electrolytic Conductivity Detectors. 8111 Haloethers by Gas Chromatography. 8270D Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry. 8276 * Toxaphene and Toxaphene Congeners by Gas Chromatography/Negative Ion Chemical Ionization Mass Spectrometry (GC-NICI/MS). 8410 Gas Chromatography/Fourier Transform Infrared Spectrometry for Semivolatile Organics: Capillary Column. 8430 Analysis of Bis(2-Chloroethyl)Ester and Hydrolysis Products by Direct Aqueous Injection. 9013A Cyanide Extraction Procedure for Solids and Oils. 9014 Titrimetric and Manual Spectrophotometric Determinative Methods for Cyanide. 9015 * Metal Cyanide Complexes by Anion Exchange Chromatography and UV Detection. 9320 Radium 228. * New Method V. What revisions are discussed in this notice? A. SW-846 Chapters One Through Five and QA/QC Guidance

    SW-846 contains the following 13 chapters, which provide additional guidance when conducting sample collection, preparation, treatment and disposal. The first five chapters were revised and/or updated in accordance with Update V method revisions. All the chapter titles for SW-846 are listed in Table 2.

    Table 2—SW-846 Chapters CHAPTER ONE QUALITY CONTROL. CHAPTER TWO CHOOSING THE CORRECT PROCEDURE. CHAPTER THREE INORGANIC ANALYTES. CHAPTER FOUR ORGANIC ANALYTES. CHAPTER FIVE MISSCELLANEOUS TEST METHODS. CHAPTER SIX PROPERTIES. CHAPTER SEVEN CHARACTERISTIC INTRODUCTION AND REGUALTORY DEFINITIONS. CHAPTER EIGHT METHODS FOR DETERMINING CHARACTERISTICS. CHAPTER NINE SAMPLING PLAN. CHAPTER TEN SAMPLING METHODS. CHAPTER ELEVEN GROUND WATER MONITORING. CHAPTER TWELVE LAND TREATMENT MONITORING. CHAPTER THIRTEEN INCINERATION.

    The date that the technical workgroup officially updated the methods is also displayed in the footer of Update V methods and chapters. Specifically, discussion of the comments and the Agency's responses follow:

    Chapter One (Quality Control)

    The Agency received 20 comments on Chapter One. Most comments were favorable. For those that were not, the comments mainly focused on the interpretation of terminology used (e.g., Field Blank, Sensitivity, Limit of Quantitation (LOQ), Reproducibility, etc.). Changes to this terminology have been added to the glossary section. The Agency has revised Chapter One for clarity of terminology. The final guidance is more user friendly and more consistent with the Agency's official guidance on QA/QC implementation and procedures (e.g., Quality Assurance Project Plans (QAPPs), DQOs, and the Flexible Approach to Environmental Measurement), located at: http://www.epa.gov/quality/qa_docs.html#noneparqt. Revisions were also made to improve and clarify the language on LLOQ and blank contamination. In addition, EPA added and revised several QA/QC concepts in Chapter One. The concepts are now included in Chapter One (Quality Control) and individual methods where appropriate. These changes are described below:

    Lower Limit of Quantitation (LLOQ)—The Agency received 35 comments on the LLOQ concept. Most comments were favorable. As discussed in the October 2013 Federal Register notice, the Agency recommends establishing the LLOQ as the lowest point of quantitation, which in most cases is the concentration of the lowest calibration standard in the calibration curve that has been adjusted for the preparation mass and/or volume. The LLOQ value is a function of both the analytical method and the sample being evaluated.

    The Method Detection Limit (MDL) procedure in 40 CFR part 136, Appendix B, for the determination of MDLs developed for the Clean Water Act (CWA) program uses a clean matrix (i.e., reagent water for preparing “spiked” samples, or samples with known constituent concentrations). Analytical laboratories often have difficulty demonstrating they can meet the MDL established using Part 136 when evaluating complex matrices, such as wastes (e.g., soils, sludges, wipes, and spent materials). This MDL approach generally yields unrealistic and/or unachievable method detection limits for these complex matrices. Since the current Part 136 procedure is generally not suitable for RCRA wastes or materials encountered under the RCRA program, the Agency has chosen to finalize the LLOQ for SW-846. The procedure outlined in Part 136 is currently under review and is being revised for consideration in a future rulemaking effort. The LLOQ considers the effect of sample matrix (e.g., components of a sample other than the analyte) by taking the LLOQ sample through the entire analytical process, including sample preparation, clean up (to remove sample interferences), and determinative procedures. Lastly, results above the LLOQ are quantifiable within acceptable precision and bias. Thus, the LLOQ approach better suits the needs of the RCRA program, because it provides reliable and defensible results, especially at the lower level of quantitation, and can be reported with a known level of confidence for the complex matrices being evaluated. The Agency uses MDLs in some of the MDPs and understands that other Agency programs may continue to use MDLs to meet their program use and needs (e.g., the National Pollutant Discharge Elimination System (NPDES) permit program).

    Since the current MDL procedure is not suitable for complex matrices found in RCRA waste, references to the MDL have been replaced with the LLOQ for non-regulatory methods (guidance). As the regulations are revised, the RCRA program will remove the MDL reference from the MDPs and replace it with the LLOQ concept where appropriate.

    The Agency refined the procedure for establishing the LLOQ. This refinement considers sample matrix effects; includes a provision to verify the reasonableness of the reported quantitation limit (QL); and recommends a frequency of LLOQ verification (found in Chapter One and each method) to be balanced between rigor and practicality.

    The Agency understands that previous versions of methods published in SW-846 may contain the MDL reference and as methods are updated, the Agency will remove references to the MDLs. The Agency will also remove MDL references in older methods that have not yet been updated, as time and resources allow. References in MDPs will be revised in a future effort since they can only be revised through a notice and comment rulemaking effort. The Agency recommends the use of LLOQ, as appropriate, for the non-MDP methods that have not yet been updated. See Section 9.8 in Method 6020B for Inorganic analytes and Section 9.7 in Method 8000 for Organic analytes on LLOQ for further information on implementation. Also, if method users choose to run the LLOQ sample, it must be run with each batch to see if it meets the established acceptance criteria. Lastly, results above the LLOQ are quantifiable within an acceptable precision and bias. Thus, the LLOQ approach better suits the needs of the RCRA program, because it provides reliable and defensible results, especially at the lower level of quantitation, and can be reported with a known level of confidence for the complex matrices being evaluated. Various programs use SW-846 methods in implementing different statutes, including RCRA, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Toxic Substances Control Act (TSCA), the Oil Pollution Act, Homeland Security Presidential Directives and Presidential Policy Directives, for waste and materials characterization, compliance testing, site/incident characterization and extent of contamination, risk assessment, and remediation for protection of human health and the environment, and better management and use of wastes and materials, for a wide range of difficult matrices. The Agency believes that the LLOQ approach is an important improvement and supports the essential need to provide data that are verified to meet the precision and accuracy requirements of the RCRA program.

    Establishing the LLOQ for Inorganic Analytes—When performing methods for inorganic analyses, the LLOQ should be verified by the analysis of at least seven replicate samples (prepared in a clean matrix or control material) and spiked at the LLOQ and processed through all preparation and analysis steps of the method. The mean recovery and relative standard deviation (RSD) of these samples provide an initial statement of precision and bias at the LLOQ. In most cases, the mean recovery should be no more than ±35% of the true value and the RSD should be ≤20%. Ongoing LLOQ verification, at a minimum, is on a quarterly basis to validate quantitation capability at low analyte concentration levels. This verification may be accomplished either with clean control material (e.g., reagent water, method blanks, Ottawa sand, diatomaceous earth, etc.) or a representative sample matrix free of target compounds. Optimally, the LLOQ should be less than the desired regulatory action levels based on the stated project-specific requirements. For more information, please see the individual methods (e.g., Methods 6010 and 6020) and Chapter One of SW-846.

    Establishing LLOQ for Organic Analytes—When performing methods for organic analyses, the LLOQ should be verified using either a clean control material (e.g., reagent water, method blanks, Ottawa sand, diatomaceous earth, etc.) or a representative sample matrix free of target compounds. Optimally, the LLOQ should be less than the desired regulatory action levels based on the stated project-specific requirements.

    For organic analyses, the acceptable recovery ranges of target analytes will vary more than for other types of analyses, such as inorganics. The recovery of target analytes in the LLOQ check sample should be within established limits, or other such project-required acceptance limits, for precision and bias to verify the data reporting limits. Until the laboratory has sufficient data to determine acceptance limits statistically, the laboratory control sample (LCS) criterion, +20% (i.e., lower limit minus 20% and upper limit plus 20%) may be used for an acceptable range for the LLOQ. This approach acknowledges the poorer overall response at the low end of the calibration curve. Historically based LLOQ acceptance criteria should be determined as soon as practical once sufficient data points have been acquired.

    In-house limits (which a laboratory establishes) for bias (e.g., % Recovery) and precision (e.g., Relative Percent Difference (%RPD)) of the LLOQ for a particular sample matrix may be calculated when sufficient data points exist. The laboratory should have a documented procedure for establishing its in-house acceptance ranges. Sometimes the laboratory instrument and/or analyst performance vary or test samples cause problems with the detector (e.g., samples may have interferences; may clog the instruments cells, wall or tube; may cause contamination; etc.). Therefore, a laboratory establishes the limits of acceptance (for precision and bias) with sufficient data to demonstrate that they can report down to the LLOQ with a certain level of confidence. As an alternative, a QAPP may include the acceptance limits (for precision and bias) for LLOQ at the project level through the DQOs it includes. The frequency of the LLOQ check is not specified for organic analytes.

    Note:

    The LLOQ check sample should be spiked with the analytes of interest at the predicted LLOQ concentration levels and carried through the same preparation and analysis procedures as environmental samples and other QC samples. For more information, please see individual methods (e.g., Method 8000) and Chapter One of SW-846.

    Use of the LLOQ—The RCRA program deals with complex wastes and materials that are managed or used in many different ways (e.g., landfilling, land application, incineration, recycling). The thresholds (e.g., action or clean up levels) for data users (e.g., engineers or risk assessors) to make their decisions, therefore, vary. Method users will need to properly plan their analytical strategy to ensure the LLOQs for targeted analytes are lower than the thresholds needed to generate data used to determine how waste or materials can be properly managed or used.

    Initial Demonstration of Performance (IDP)—The IDP serves as a procedure that the laboratory conducts to demonstrate the ability to generate results with acceptable accuracy and precision for each preparation and determinative method they perform. Detailed discussion can be found in the October 23, 2013 Federal Register notice.

    The Agency did not receive any comments on the IDP, and has finalized the language as presented in the original notice. Language regarding the IDP has been specified in the individual Update V methods where appropriate (e.g. Methods 6010D, 6020B, 8000D and many others). The IDP changes allow laboratories to use their time and resources effectively, especially for the organic analyses. The IDP section for the Determination of Organic Analytes was expanded to describe two situations: When a significant change to instrumentation or procedure occurs: Reliable performance of the methods depends on careful adherence to the instructions in the written method because many aspects of the method are mandatory to ensure the method performs as intended.

    Therefore, if a major change to the sample preparation procedure is made (e.g., a change of solvent), the IDP must be repeated for that preparation procedure to demonstrate the laboratory technician's continued ability to reliably perform the method. The Agency considers conducting IDPs as part of good laboratory practice procedures and has already included these procedures in the Agency's laboratories' practices. Alterations in instrumental procedures only (e.g., changing Gas Chromatograph (GC) temperature programs or High Performance Liquid Chromatography (HPLC) mobile phases or the detector interface), require a new calibration, but not a new IDP because the preparation procedure is unchanged.

    When new staff members are trained: A new analyst needs to be capable of performing the method, or portion of the method, for which he/she is responsible. For example, when analysts are trained for a subset of analytes for an 8000 series method, the new sample preparation analyst should prepare reference samples for a representative set of analytes (e.g., the primary analyte mix for Method 8270, or a mixture of Aroclor 1016 and 1260 for Method 8082) for each preparation method the analyst will perform. The instrument analyst being trained will need to analyze the prepared samples (e.g., semi-volatile extracts). After several training opportunities, the analyst will be expected to perform the preparation and determinative step on his/her own and meet the acceptable QA/QC criteria.

    Blank Contamination—Another area that affects sample results and is expanded upon in this notice and addressed in Chapter One and the individual methods is blank contamination. The results from analyzing blanks are generally considered to be acceptable if target analyte concentrations are less than 1/2 the LLOQ or are less than project-specific requirements. Blanks may contain analyte concentrations greater than acceptance limits if the associated samples in the batch are unaffected (i.e., targets are not present in samples or sample concentrations are ≥10X the blank). Other criteria may be used depending on the needs of the project. For method specific details see Methods 6010 and 6020 for inorganics and Method 8000 for organics.

    Relative Standard Error (RSE)—The Agency included RSE as an option (in addition to calculation of the % error) in Update V of SW-846 for the determination of the acceptability for a linear or non-linear calibration curve. The Agency received several comments from two commenters on RSE. The Agency agrees that Method 8000D, Section 11.5.6.1 on RSE should not be grouped with RSD and r2 (Regression Coefficient) but with % Error. Standard deviation (SD) and r2 are indicators for checking the validity of different calibration methods of response factor and least square linear regression techniques, respectively. RSE is not equivalent or similar to RSD or r2, but similar to % Error and may be used to evaluate the “goodness of fit” of a calibration curve.

    To avoid confusion with RSD, RSE has been moved to Section 11.5.4.2 of Method 8000D. In addition, the first sentence in Section 11.5.6.1 of Method 8000D has been changed to read as follows: “Corrective action may be needed if the calibration criteria (RSD/r2 and % Error/RSE) are not met.” Some corrective actions may include running a new calibration, preparing fresh standards or performing instrument maintenance. The laboratory's SOPs should address how to handle and document these types of problems when encountered.

    RSE refits the calibration data back to the calibration model and evaluates the difference between the measured and the true amounts or concentrations used to create the model.

    EN13AU15.000 Where: xi = True amount of analyte in calibration level i, in mass or concentration units. x´i = Measured amount of analyte in calibration level i, in mass or concentration units. p = Number of terms in the fitting equation (average = 1, linear = 2, quadratic = 3, cubic = 4) n = Number of calibration points.

    The RSE acceptance limit criterion for the calibration model is the same as the RSD limit in the determinative method.

    If the RSD limit is not defined in the determinative method, the RSE limit should be set at ≤20% for good performing compounds and ≤30% for poor performing compounds.

    Chapter Two (Choosing the Correct Procedure)

    The Agency received 12 comments on Chapter Two. Most comments were favorable, and others were editorial in nature. Therefore, the Agency has revised and finalized the Table of Contents to add the new and revised methods from Update V to the SW-846 compendium. Method titles from the 8000 series were added to Section 2.2.3 for completeness. Other tables were revised to include additional analytes as appropriate. In addition, a typographical error for bis(2-chloroisopropyl) ether was corrected to bis(2-chloro-1-methylethyl) ether in Tables 2-1, 2-4, 2-15, 2-22, and 2-34. This correction is consistent with the most common way to identify this compound. New compounds were also added to Tables 2-1, 2-6, 2-20, 2-23A, 2-29A, 2-30, 2-31, 2-35A, 2-36A, 2-41, 2-45 and 2-46. Furthermore, Table 2-40(A) includes the current sample preservation guidance for styrene and vinyl chloride in aqueous samples (i.e., deletion of previously recommended practice of collecting a second set of samples without acid preservatives and analyzing immediately, if styrene and vinyl chloride are analytes of interest), and Table 2-40(B) includes Mercury Speciation hold times in addition to totals. Figure 2-2 was updated to include the most up-to-date guidance and to streamline the flowchart.

    Chapter Three (Inorganic Analytes)

    The Agency received six comments on Chapter Three. Most comments were favorable, and the Agency made the appropriate editorial and clarification changes (e.g., removed reference to trip blank in Section 3.3.2, title change to Table 3-2 Digestion Volume/Mass, etc.). The change included finalizing the revised definition for Instrument Detection Limit (IDL) to be consistent with the revised Methods 6010D and 6020B. In addition, the term “bias” has replaced “accuracy” where appropriate; the definition for linear range is now consistent with Methods 6010D and 6020B. The definition for the spectral interference check (SIC) solution has replaced the definition for the interference check sample (ICS) and is consistent with Methods 6010D and 6020B. The definition of LCS (laboratory control sample) recommends the use of a spiking solution from the same source as the calibration standards. Sections 3.6 and 3.7 were finalized to include the collision/reaction cell technology as an effective method for removing isobaric interferences when analyzing by ICP-MS. Table 3-2 now includes a minimum mass of 100 g for solid samples collected for sulfide analysis.

    Chapter Four (Organic Analytes)

    The Agency received nine comments on Chapter Four. Most comments focused on Table 4-1, which has now been finalized to exclude the recommendation to collect a second set of samples without adding an acid preservative and analyze in a shorter time frame if vinyl chloride and styrene are analytes of concern for aqueous samples. A study showed that there were no significant differences in sample recovery of those samples preserved with acid versus those not preserved. Other comments were minor, and appropriate revisions have been made adding additional methods to section 4.3.3.

    Chapter Five (Miscellaneous Test Methods)

    The Agency did not receive any comments on Chapter Five. Chapter 5's changes were general (i.e., updated format changes and method reference to chapters), and it was finalized as appropriate.

    Chapter Nine (Sampling Plan)

    The Agency also received comments on Chapter Nine, which was not open for comment. However, the Agency will consider those comments in a future update.

    B. Methods Revisions

    Significant revisions were finalized regarding Methods 6010D, 6020B, and 8000D, and are discussed in this notice. Many methods were revised based on technical and editorial comments received during the comment period. More detailed discussions and responses to all comments received on Update V can be found in the Response to Comments Background Document in the RCRA Docket at: (EPA-HQ-RCRA-2012-0072). A summary of significant comments has been provided.

    Method 6010D (Inductively Coupled Plasma—Atomic Emission Spectrometry)—The Agency received 12 comments on Method 6010D. Most comments were favorable and applauded consistency revisions between methods and chapters. Several commenters requested that the guidance should clarify how to establish the LLOQ for inorganic methods in instances when regulatory limits are much lower than the lowest calibration standard. In response, the Agency added language to address the reporting of flagged data and other options in interpreting data when the desired LLOQ has not been met. In addition, revisions were made where technical and editorial comments were appropriate (e.g., title changes and relevant information specific to inorganics or organics). See section 9.8 of the method for more information on interpreting the LLOQ.

    In addition, the Agency received other comments regarding clarification of the method blank acceptance criteria and definitions (such as Instrument Detection Limit procedure (IDL)) which can be found in detail in Method 6010D.

    Method 6020B (Inductively Coupled Plasma-Mass Spectrometry)—The Agency received nine comments on Method 6020B. Many comments pertained to the Initial Calibration Blank (ICB), when multi-calibration standards are used, and the LLOQ. The Agency agreed with the commenter and revised the appropriate section in Method 6020 to read as follows: “If the ICB consistently has target analyte concentrations greater than half the LLOQ, the LLOQ should be re-evaluated.” In addition, the Agency has clarified the statement that if there is no regulatory limit and the method blank is >10% of the lowest sample concentration, then the method blank may be considered to be acceptable if <LLOQ. In addition, typographical errors were corrected.

    Method 8000D (Determinative Chromatographic Separations)—The Agency received comments on Method 8000 during the public comment period and an additional four afterward. The comments received are summarized below in several categories.

    Eight comments were related to the use and implementation of the LLOQ and its application to method blanks. Several additions and changes were made in the method as a result of these comments. The method blank language in Sections 9.2.6.9 through 9.2.6.11 was updated to reflect that blanks should be considered acceptable if the concentrations found were below one half of the LLOQ (or project DQOs). Blanks may contain hits for reported compounds if the results in the associated samples are >10X the concentration in the blank. The data may also be reported with flags, which is a new option in this version of Method 8000.

    Seven comments were related to QC sample frequency and control limits. One commenter requested that a numerical limit for LLOQ standard recovery be used. The users are encouraged to develop statistical acceptance limits rather than to default to a set of numerical limits in the method. The suggested criteria remain ±20% of the laboratory's control sample (LCS) limits. Another commenter objected to removal of the word “must” from some calibration criteria (such as calibration coefficients). The Agency confirmed the intention to allow the project requirements to be flexible. The laboratories are also instructed to perform corrective actions whenever calibration criteria for their project requirements are not met. Some other suggestions were not adopted (such as a requirement to run an end continuing calibration verification (CCV) for every 8000 series method or to require all extraction QC from a batch to be run on the same instrument as every sample and/or dilutions thereof). The Agency's view is that the methods should remain flexible and more restrictive QC requirements (where needed) should be listed in the determinative methods.

    One commenter requested the inclusion of an additional reference (the Department of Defense Quality Systems Manual, Version 5.0 (DOD QSM 5.0)) as The Agency used it in developing Update V. The Agency agrees, and added the reference.

    Methods 8021B (Aromatic and Halogenated Volatiles by Gas Chromatography Using Photoionization and/or Electrolytic Conductivity Detectors), 8111 (Haloethers by Gas Chromatography), and 8430 (Analysis of Bis(2-chloroethyl) Ether and Hydrolysis Products by Direct Aqueous Injection GC/FT-IR)—The Agency received the same two comments for these three methods. Both comments concurred with the nomenclature change for bis(2-chloro-1-methylethyl)ether, which alleviated confusion.

    Method 8270D (Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS))—The Agency received two comments which concurred with the nomenclature change for bis(2-chloro-1-methylethyl)ether. Method 8270D also received one comment asking about the possibility of reporting flagged data from calibrations where some compounds were outside the specified criteria. The Agency's RCRA Organic Workgroup is discussing this issue and intends to address it in Update VI.

    Method 8410D Gas Chromatography/Fourier Transform Infrared (GC/FT-IR) Spectrometry for Semivolatile Organics: Capillary Column—The Agency received two comments on Method 8410D which concurred with the nomenclature change for bis(2-chloro-1-methylethyl)ether. Method 8410D also received one comment discussing the acceptable temperature range of samples for preservation. The Agency accepted the updated change.

    Method 9014 (Titrimetric and Manual Spectrophotometric Determinative Methods for Cyanide)—Detailed information on calibration models and their acceptance criteria are not included in each SW-846 method. This is because these methods are intended as general guidance, as are all of the methods discussed in this notice. For any test method which is not a method-defined parameter (MDP), the intention is to allow the laboratory flexibility under the Methods Innovation Rule (MIR).3 The details of how a laboratory will conduct and approve calibrations should be included in the individual laboratory's Quality Management Plan (QMP) or in its Standard Operating Procedure (SOP) for each method.

    3 See 70 FR 34537, June 14, 2005 Federal Register.

    Method 9040 (pH Electrometric Measurement)—This method is a Method Defined Parameter (MDP) and the Agency cannot revise an MDP through a Notice of Availability, but instead must use notice-and-comment rulemaking procedures. During a future rulemaking effort, the Agency will consider those comments on MDPs that may require rulemaking.

    V. Summary

    These changes in Update V will assist method users in demonstrating method competency and in generating better quality data. For the convenience of the analytical community, the Agency will revise the OSWER Methods' Team homepage on The Agency's Web site to include the final Update V. Also, please see the Web site: http://www.epa.gov/epawaste/hazard/testmethods/index.htm for more information. Table 1 provides a listing of the five chapters and 23 methods (8 new methods and 15 revised methods) in Update V.

    Dated: July 22, 2015. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2015-20030 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9927-87-OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Washington AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's approval of the State of Washington's request to revise/modify its Approved State Hazardous Waste Management EPA-authorized program to allow electronic reporting.

    DATES:

    EPA's approval is effective August 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-1175, [email protected]

    SUPPLEMENTARY INFORMATION:

    On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing program-specific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. Once an authorized program has EPA's approval to accept electronic documents under certain programs, CROMERR § 3.1000(a)(4) requires that the program keep EPA apprised of any changes to laws, policies, or the electronic document receiving systems that have the potential to affect the program's compliance with CROMERR § 3.2000.

    On May 21, 2009, the Washington State Department of Ecology (ECY WA) submitted an amended application titled “Turbowaste.net” or revisions/modifications to its EPA-approved program under title 40 CFR to allow new electronic reporting Part 262, 264-265, and 270 program under title 40 CFR to allow new electronic reporting. EPA reviewed ECY WA's request to revise/modify its EPA-authorized Part 272—Approved State Hazardous Waste Management Programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revision/modification set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's decision to approve Washington's request to revise/modify its Part 272—Approved State Hazardous Waste Management to allow electronic reporting under 40 CFR part 262, 264-265, and 270, is being published in the Federal Register.

    ECY WA was notified of EPA's determination to approve its application with respect to the authorized program listed above.

    Matthew Leopard, Director, Office of Information Collection.
    [FR Doc. 2015-19917 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2004-0082; FRL-9930-19-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; EPA's Natural Gas STAR Program (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “EPA's Natural Gas STAR Program” (EPA ICR No. 1736.07, OMB Control No. 2060-0328) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through September 30, 2015. Public comments were previously requested via the Federal Register (80 FR 17742) on April 2, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 14, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2004-0082, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Jerome Blackman, Office of Atmospheric Programs, Climate Change Division, mail code: 6207A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-343-9630; fax number: 202-343-2342; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: Natural Gas STAR is a voluntary program sponsored by the U.S. Environmental Protection Agency (EPA) that encourages oil and natural gas companies to adopt cost effective technologies and practice that improve operational efficiency and reduce methane emissions. Methane is the primary component of natural gas and a potent greenhouse gas. The Program works with oil and natural gas companies in the production, gathering & processing, transmission, and distribution sectors to remove barriers that inhibit the implementation of technologies and practices that reduce methane emissions. The Program effectively promotes the adoption of emission reduction technologies and practices by helping Natural Gas Star partners evaluate Best Management Practices (BMPs) and Partner Reported Opportunities (PROs) in the context of their current operations, and implement them where cost effective. Implementation of the Program's BMPs and PROs saves participant money, improves operational efficiency, and enhances the protection of the environment.

    Form Numbers: 5900-105, 5900-96, 5900-98, 5900-101, 5900-108, 5900-103, 5900-109, 5900-97, 5900-100, 5900-106, 5900-104, 5900-95, 5900-99, 5900-102, and 5900-107.

    Respondents/affected entities: The gathering and processing, production, transmission, and distribution sectors of the natural gas industry and the oil production sector.

    Respondent's obligation to respond: Voluntary.

    Estimated number of respondents: 124 (total).

    Frequency of response: Annual, semi-annual.

    Total estimated burden: 6,995 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $390,185 (per year), there are no capital/start-up costs or O&M costs associated with this information collection.

    Changes in the Estimates: There is an increase of 1,794 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is due to information provided by partners consulted that the last estimate did not reflect the full average time burden of participation.

    Courtney Kerwin, Director, Collection Strategies Division.
    [FR Doc. 2015-19935 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2015-0533; FRL-9932-31-OAR ] Proposed Agency Information Collection Request: Comment Request; Servicing of Motor Vehicle Air Conditioners, EPA ICR Number 1617.08, OMB Control Number 2060-0247 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Servicing of Motor Vehicle Air Conditioners” (EPA ICR No. 1617.08, OMB Control No. 2060-0247) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through October 31, 2015. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before October 13, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2015-0533, online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca von dem Hagen, Environmental Protection Agency, Stratospheric Protection Division, Office of Atmospheric Programs, MC 6205J, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343-9445; fax number: (202) 343-2362; email address: [email protected].

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act) provides general guidelines for the recovery and recycling of motor vehicle air conditioners. It states that “no person repairing or servicing motor vehicles for consideration may perform any service on a motor vehicle air conditioner involving the refrigerant for such air conditioner without properly using approved refrigerant recovery and/or recovery and recycling equipment (hereafter referred to as “refrigerant handling equipment”) and no such person may perform such service unless such person has been properly trained and certified.” In 1992, EPA developed regulations under section 609 that were published in 57 FR 31240, and codified at 40 CFR Subpart B (Section 82.30 et seq.). The information required to be collected under the Section 609 regulations is: Approved refrigerant handling equipment; approved independent standards testing organizations; technician training and certification; and certification, reporting and recordkeeping.

    Form Numbers: None.

    Respondents/affected entities: The following is a list of NAICS codes for organizations potentially affected by the information requirements covered under this ICR. It is meant to include any establishment that may service or maintain motor vehicle air conditioners.

    4411 Automobile Dealers 4413 Automotive Parts, Accessories, and Tire Stores 44711 Gasoline Stations with Convenience Stores 45299 All Other General Merchandise Stores 811198 All Other Automotive Repair and Maintenance

    Other affected groups include:

    —Independent Standards Testing Organizations —Organizations with Technician Certification Programs

    Respondent's obligation to respond: Mandatory (40 CFR 82.36, 82.38, 82.40, 82.42).

    Estimated number of respondents: 52,616 per year.

    Frequency of response: On occasion.

    Total estimated burden: 4,523 hours per year. Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $208,307.40 per year, includes $0 annualized capital or operation & maintenance costs.

    Changes in Estimates: The Agency anticipates that the total estimated respondent burden will stay substantially the same, or decrease compared with the ICR currently approved by OMB. The Agency anticipates a decrease in the respondent burden for new equipment certifications due to adjustments in the calculation to estimate the burden resulting from required submissions. The Agency also anticipates the respondent burden for updates to certification programs to increase slightly, while the number of new technician certification programs compiling documents for submission to EPA for verification of the program is expected to stay the same.

    Dated: August 5, 2015. Sarah Dunham, Director, Office of Atmospheric Programs.
    [FR Doc. 2015-20032 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2014-0597; FRL 9932-02-OEI] Agency Information Collection Activities; PCBs, Consolidated Reporting and Record Keeping Requirements; Submitted to OMB for Review and Approval; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “PCBs, Consolidated Reporting and Record Keeping Requirements” and identified by EPA ICR No. 1446.11 and OMB Control No. 2070-0112. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA has addressed the comments received in response to the previously provided public review opportunity issued in the Federal Register on October 10, 2014 (79 FR 61302). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before September 14, 2015.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2014-0597, to both EPA and OMB as follows:

    • To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    • To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Colby Lintner, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on August 31, 2015. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: Section 6(e)(1) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2605(e), directs EPA to regulate the marking and disposal of polychlorinated biphenyls (PCBs). Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute. To meet its statutory obligations to regulate PCBs, EPA must obtain sufficient information to conclude that specified activities do not result in an unreasonable risk of injury to health or the environment. EPA uses the information collected under the 40 CFR 761 requirements to ensure that PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. The information collected by these requirements will update the Agency's knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations. Specific uses of the information collected include determining the efficacy of a disposal technology; evaluating exemption requests and exclusion notices; targeting compliance inspections; and ensuring adequate storage capacity for PCB waste.

    Respondents/Affected Entities: Entities potentially affected by this ICR are persons who currently possess PCB items, PCB-contaminated equipment, or other PCB waste.

    Respondent's obligation to respond: Responses to the collection of information are mandatory (see 40 CFR part 761). Respondents may claim all or part of a response confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Estimated total number of potential respondents: 548,298.

    Frequency of response: On occasion.

    Estimated total burden: 745,926 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated total costs: $ 29,778,544 (per year), includes no annualized capital investment or maintenance and operational costs.

    Changes in the estimates: There is an increase of 60,591 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects EPA's revisions to the estimated total number of respondents, resulting from new data gathered for this ICR effort as well as another recent PCB regulatory analysis, plus updated Agency data regarding total numbers of regulated entities. The ICR supporting statement provides a detailed analysis of the change in burden estimate. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-19918 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9920-72-OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Alaska AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's approval of the State of Alaska's request to revise/modify certain of its EPA-authorized programs to allow electronic reporting.

    DATES:

    EPA's approval is effective August 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-1175, [email protected]

    SUPPLEMENTARY INFORMATION:

    On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing program-specific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. Once an authorized program has EPA's approval to accept electronic documents under certain programs, CROMERR § 3.1000(a)(4) requires that the program keep EPA apprised of any changes to laws, policies, or the electronic document receiving systems that have the potential to affect the program's compliance with CROMERR § 3.2000.

    On May 8, 2015, the Alaska Department of Environmental Conservation (ADEC) submitted an amended application titled Air Online Service System for revisions/modifications to its EPA-approved program under title 40 CFR to allow new electronic reporting. EPA reviewed ADEC's request to revise/modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA's decision to approve Alaska's request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 51, 52, 60-63, and 70 is being published in the Federal Register: Part 52—Approval and Promulgation of Implementation Plans; Part 60—Standards Of Performance For New Stationary Sources: Part 62—Approval and Promulgation of State Plans for Designated Facilities and Pollutants; and Part 70—State Operating Permit Programs.

    ADEC was notified of EPA's determination to approve its application with respect to the authorized programs listed above.

    Matthew Leopard, Director, Office of Information Collection.
    [FR Doc. 2015-19916 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0103; FRL—9932-38-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Nitric Acid Plants for Which Construction, Reconstruction or Modification Commenced After October 14, 2011 (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NSPS for Nitric Acid Plants for which Construction, Reconstruction or Modification Commenced after October 14, 2011 (40 CFR part 60, subpart Ga) (Renewal)” (EPA ICR No. 2445.03, OMB Control No. 2060-0674), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2015. Public comments were previously requested via the Federal Register (79 FR 30117) on May 27, 2014 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 14, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0103, to (1) EPA online using www.regulations.gov (our preferred method), or by email to: [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: The NSPS for nitric acid plants (40 CFR part 60, subpart G) were proposed on August 17, 1971, and promulgated on June 14, 1974. This information collection is for a new Subpart Ga, which will apply to nitric acid production units which commence construction, modification, or reconstruction after October 14, 2011. Nitrogen oxide (NOX) is the pollutant regulated under this subpart. The standards limit nitrogen oxides, expressed as nitrogen dioxide (NO2), to 0.50 lb per ton of 100 percent nitric acid produced.

    Form Numbers: None.

    Respondents/affected entities: Nitric acid plants constructed, reconstructed or modified after October 14, 2011.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart Ga).

    Estimated number of respondents: 6 (total).

    Frequency of response: Initially and occasionally.

    Total estimated burden: 1,370 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $386,000 (per year), which includes $248,000 in both annualized capital and operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the respondent and Agency burden due to an increase in the estimated number of sources. Our research during the rule development indicated an average of 1.2 new sources per year will become subject to the rule. We assume the industry will continue to grow linearly at this rate. This also results in an increase in annual O&M costs.

    Courtney Kerwin, Acting-Director, Collection Strategies Division.
    [FR Doc. 2015-19936 Filed 8-12-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10040, Pinnacle Bank Beaverton, OR

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Pinnacle Bank, Beaverton, OR (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Pinnacle Bank on February 13, 2009. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 32.1, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: August 7, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-19863 Filed 8-12-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination; 10014, Ameribank, Inc., Northfork, West Virginia

    The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10014, Ameribank, Inc., Northfork, West Virginia (Receiver) has been authorized to take all actions necessary to terminate the receivership estate of Ameribank, Inc. (Receivership Estate); The Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective August, 01, 2015 the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: August 7, 2015. Federal Deposit Insurance Corporation, Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-19862 Filed 8-12-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 28, 2015.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. The Donald Davis Living Trust, and Kiko Davis, as trustee, both of West Bloomfield Township, Michigan; to retain voting shares of First Independence Corporation, and thereby indirectly retain voting shares of First Independence Bank, both in Detroit, Michigan.

    Board of Governors of the Federal Reserve System, August 10, 2015. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2015-19934 Filed 8-12-15; 8:45 am] BILLING CODE 6210-01-P
    GULF COAST ECOSYSTEM RESTORATION COUNCIL [Docket No.: 108002015-1111-06] Draft Funded Priorities List AGENCY:

    Gulf Coast Ecosystem Restoration Council.

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    In accordance with the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf States Act (RESTORE Act or Act), the Gulf Coast Ecosystem Restoration Council (Council) announces the availability of the Initial Draft Funded Priorities List (draft FPL). The draft FPL sets forth the initial activities that the Council proposes to prioritize for funding and further consideration. This document is now available for public and tribal review and comment.

    DATES:

    To ensure consideration, we must receive your written comments on the draft FPL by September 28, 2015.

    ADDRESSES:

    You may submit comments on the draft FPL by either of the following methods:

    Electronic Submission: Submit all electronic public comments by email to [email protected]

    Mail/Commercial Delivery: Please send a copy of your comments to Gulf Coast Ecosystem Restoration Council, Attention: Draft FPL Comments, Hale Boggs Federal Building, 500 Poydras Street, Suite 1117, New Orleans, LA 70130.

    In general, the Council will make such comments available for public inspection and copying on its Web site, http://www.restorethegulf.gov/ without change, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. All comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available.

    FOR FURTHER INFORMATION CONTACT:

    Please send questions by email to [email protected], or contact Will Spoon at (504) 239-9814.

    SUPPLEMENTARY INFORMATION:

    Background: In 2010, the Deepwater Horizon oil spill caused extensive damage to the Gulf Coast's natural resources, devastating the economies and communities that rely on it. In an effort to help the region rebuild in the wake of the spill, Congress passed and the President signed the RESTORE Act, Public Law 112-141, §§ 1601-1608, 126 Stat. 588 (Jul. 6, 2012). The Act created the Gulf Coast Ecosystem Restoration Trust Fund (Trust Fund) and dedicates eighty percent (80%) of any civil and administrative penalties paid by parties responsible for the Deepwater Horizon oil spill under the Clean Water Act, after the date of enactment, to the Trust Fund. The ultimate amount of administrative and civil penalties potentially available to the Trust Fund is currently not certain. On January 3, 2013, the United States announced that Transocean Deepwater Inc. and related entities agreed to pay $1 billion in civil penalties for violating the Clean Water Act in relation to their conduct in the Deepwater Horizon oil spill. The settlement was approved by the court in February 2013, and pursuant to the Act approximately $816 million (including interest) has been paid into the Trust Fund.

    In addition to creating the Trust Fund, the Act established the Council, which is chaired by the Secretary of Commerce and includes the Governors of Alabama, Florida, Louisiana, Mississippi, and Texas, and the Secretaries of the U.S. Departments of Agriculture, the Army, Homeland Security, and the Interior, and the Administrator of the U.S. Environmental Protection Agency.

    Under the Act, the Council will administer a portion of the Trust Fund known as the Council-Selected Restoration Component in order to “undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.” In August 2013 the Council approved an Initial Comprehensive Plan (Initial Plan) (please see http://www.restorethegulf.gov/sites/default/files/GCERCCompPlanFactSheet_0.pdf and http://www.restorethegulf.gov/sites/default/files/FinalInitialComprehensivePlan.pdf) that outlines an overarching vision for Gulf restoration and includes the following five goals: (1) Restore and conserve habitat; (2) restore water quality; (3) replenish and protect living coastal and marine resources; (4) enhance community resilience; and (5) restore and revitalize the gulf economy.

    As a supplement to the Initial Plan and pursuant to the requirement in the Restore Act to draft a “prioritized list of specific projects and programs to be funded,” the Council is now publishing a draft FPL that proposes the activities which the Council intends to prioritize for funding and further consideration. The Council will carefully review public and tribal comments, make appropriate changes, and then finalize the FPL with appropriate notice in the Federal Register. Once finalized, the FPL will serve as the basis for allocating funds under the Council-Selected Restoration Component.

    The Council seeks public and tribal comment on all aspects of the draft FPL, including comments related to the process used to develop the draft FPL, the projects and programs contained therein, and the associated environmental compliance documentation.

    Summary: The Gulf Coast region is vital to our nation and our economy, providing valuable energy resources, abundant seafood, extraordinary beaches and recreational activities, and a rich natural and cultural heritage. Its waters and coasts are home to one of the most diverse natural environments in the world—including over 15,000 species of sea life and millions of migratory birds. The Gulf has endured catastrophes, including major hurricanes such as Katrina, Rita, Gustav and Ike in the last ten years alone. The region has also experienced the loss of critical wetland habitats, erosion of barrier islands, imperiled fisheries, water quality degradation and significant coastal land loss. More recently, the health of the region's ecosystem was significantly affected by the Deepwater Horizon oil spill. As a result of the oil spill, the Council has been given the great responsibility of helping to address ecological challenges across the Gulf.

    The members of the Council collaborated in creating a draft FPL that responds to ecological needs regardless of jurisdictional boundaries. With the draft FPL, the Council seeks to provide near-term “on-the-ground” ecosystem benefits, while also building a planning and science foundation for future success. In the draft FPL, the Council proposes to focus on ten key watersheds across the Gulf in order to concentrate and leverage available funds in addressing critical ecological needs in high-priority locations. The draft FPL focuses on habitat and water quality, and includes restoration and conservation activities that can be implemented in the near term. It also supports project-specific planning efforts necessary to advance large-scale restoration. The comprehensive planning and monitoring efforts proposed in the draft FPL would provide Gulf-wide benefits into the future.

    The Council intends to play a key role in helping to ensure that the Gulf's natural resources are sustainable and available for future generations. Currently available Gulf restoration funds and those that may become available in the future represent a great responsibility. The ongoing involvement of the people who live, work and play in the Gulf region is critical to ensuring that these monies are used wisely and effectively. The Council thanks all those who have participated in the process thus far, and offers thanks in advance to those who will take the time to again offer thoughts on how we can collectively help restore the Gulf.

    Document Availability: Copies of the draft FPL are available at the following office during regular business hours: Gulf Coast Ecosystem Restoration Council, Hale Boggs Federal Building, 500 Poydras Street, Suite 1117, New Orleans, LA 70130.

    Electronic versions of the draft FPL can be viewed and downloaded at www.restorethegulf.gov.

    Legal Authority: The statutory program authority for the draft FPL is found at 33 U.S.C. 1321(t)(2).

    Dated: August 13, 2015. Will D. Spoon, Program Analyst, Gulf Coast Ecosystem Restoration Council.
    [FR Doc. 2015-19881 Filed 8-12-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-15BBU]; [Docket No. CDC-2015-0069] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection request entitled “Efficacy Study of a Mobile Application to Provide Comprehensive and Medically Accurate Sexual Health Information for Adolescent Girls”. The study will examine the efficacy of the mobile application in achieving two behavioral outcomes: Use of effective contraception and clinic utilization.

    DATES:

    Written comments must be received on or before October 13, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0069 by any of the following methods:

    Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road, NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road, NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Efficacy Study of a Mobile Application to Provide Comprehensive and Medically Accurate Sexual Health Information for Adolescent Girls—New—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Despite drastic reductions in teen births across all racial and ethnic groups, Black and Latino girls continue to have disproportionately high rates of teen births. Increasing girls' access to medically accurate and comprehensive sexual health information is the first step in sustaining momentum in teen pregnancy reduction among all racial and ethnic groups, and in promoting healthy sexual behaviors, especially among minority girls.

    CDC plans to collect the information needed to test the efficacy of a comprehensive and medically accurate mobile application, titled Crush, in increasing adolescent girls' contraception use and clinic visitation for sexual and reproductive health services. The information disseminated via Crush is similar to the sexual health information youth can access via other Web sites, sexual health promotion educational materials or in clinics.

    The study will randomize a sample of 1,200 girls, ages 14-18, into two groups: The intervention group and the control group. The intervention group will have access to Crush and will receive weekly sexual health information via text to the phones for six months. The control group will have access to a fitness mobile application (“app”) and will receive general health information via text to their phones for six months. Participants are expected to access either app frequently throughout a six month period. As part of the analysis, sexual behavior and key psychosocial factors will be assessed three points in time: At baseline, and at three- and six-month follow-ups.

    Efficacy testing will respond to the following research questions: Research Question #1 is: Does exposure to Crush increase consistent contraception use among participants? We hypothesize that participants in the intervention group will report increased intent to use effective contraception at three and six months post-intervention. Research Question #2 is: Does exposure to Crush increase clinic utilization rate among participants? We hypothesize that participants in the intervention group will report higher rates of intent to utilize clinic services at three and six months post intervention.

    The study will also include a usability testing component to identify the content and features of Crush that are most attractive to participants, the frequency in which Crush was used, and the navigation patterns within Crush. Participants will create an account in the Enrollment Database. This database will host participants' enrollment information, basic demographic information, and will also track their navigation pattern to monitor Crush visitation frequency and visit duration. Navigation data will be used to assess intervention exposure and dosage to specific content areas of Crush. To test real-world utilization of Crush, control group participants will gain access to Crush six months after enrolling into the study, but will not receive weekly text messages. The study will track visitation frequency and duration of each visit. Usability testing will respond to Research Question #3: Is media content more attractive to participants? We hypothesize that participants in the intervention group will spend more time using media features than text-based content.

    All information will be collected electronically. This study will collect data through two mechanisms: (1) Self-administered online surveys, and (2) the Crush enrollment database. Participants will complete a total of three self-administered online surveys at baseline, three and six month follow-up. Survey questions will assess behavior, attitudes, social norms about sexual behavior, contraception and clinic utilization, and satisfaction with Crush.

    The mobile response surveys will be sent to participants via text message which they can complete on a smartphone. The estimated burden per response is 13-20 minutes. Survey responses will be matched by each participant's unique identifying number. Each participant will receive up to two survey reminders starting one week after the initial survey link is sent, for two consecutive weeks. There are minor differences in survey content for the control and intervention groups.

    Each participant will create a profile in the database upon enrollment. This database will collect initial demographic and contact information, informed consent signatures, and information about the participant's navigation pattern through Crush. Any information entered directly into Crush interactive features will not be stored in the system. The database only collects web analytics data about page visited and duration of each visit by User ID and IP address. Web analytics are generated for any Web site and are a standard evaluation mechanism for assessing the traffic patterns on Web pages. This technology permits development of an objective and quantifiable measure that tracks and records participants' exposure to Crush. This study component does not entail any response burden to participants.

    Findings will be used to inform the development and delivery of effective health communications.

    OMB approval is requested for one year. Participation is voluntary and there are no costs to respondents other than their time.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hrs.)
  • Total burden
  • (in hrs.)
  • Girls Ages 14-18 Years Enrollment 1,200 1 5/60 100 Consent 1,200 1 5/60 100 Control Group Baseline Survey 600 1 13/60 130 3-Month Follow-up Survey 600 1 20/60 200 6-Month Follow-up Survey 600 1 20/60 200 Intervention Group Baseline Survey 600 1 13 130 3-Month Follow-up Survey 600 1 20 200 6-Month Follow-up Survey 600 1 20 200 Total 1,260
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-19860 Filed 8-12-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Youth Education and Relationship Services (YEARS) Descriptive Study.

    OMB No.: New Collection,

    Description: Since 2006, Congress has authorized dedicated funding (currently at the level of $75 million annually) to support programs providing healthy marriage and relationship education (HMRE). In order to better understand the services that federally-funded HMRE programs are providing to youth and the populations the programs are reaching, The Office of Planning, Research and Evaluation (OPRE), within ACF/HHS, is proposing data collection activity as part of the Youth Education and Relationship Services (YEARS) descriptive study. The data that ACF proposes to collect includes information on funding spent serving youth, the number of youth being served, youth demographic characteristics, characteristics of the organizations or programs serving youth, information on program curricula and contents, and program implementation information. This data is to be collected through a web-based survey that is to be completed by HMRE grantee program staff. This information will be critical to inform future efforts to improve HMRE programs serving youth.

    Respondents: Healthy marriage and relationship education (HMRE) grantee program staff.

    Note:

    To fully address the objectives outlined for this project, it was determined that additional information collection beyond what was proposed in the 60 day Federal Register notice is necessary. Therefore, the proposed semi-structured interviews submitted with this request (including the site visit screener and semi structured interviews with Program directors/Administrators, Facilitators, and Partner organizations/providers) require additional burden beyond that originally estimated in the 60 day Federal Register notice.

    Annual Burden Estimates Instrument Total/annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Annual
  • burden hours
  • YEARS Web-based staff survey (Program director/Administrator) 44 1 0.5 22 YEARS Web-based staff survey (Facilitator) 44 1 0.5 22 Site visit screener (Program director/Administrator) 12 1 0.083 1 Semi-structured interview (Program director/Administrator) 6 1 1.5 9 Semi-structured interview (Facilitator) 6 1 1.5 9 Semi-structured interview (Partner organization/provider) 3 1 1.5 5

    Estimated Total Annual Burden Hours: 68.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected].

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, ACF Reports Clearance Officer.
    [FR Doc. 2015-19921 Filed 8-12-15; 8:45 am] BILLING CODE 4184-73-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Understanding the Intersection Between TANF and Refugee Cash Assistance Services.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS) is proposing data collection activities as part of a project to understand the intersection between Temporary Assistance for Needy Families (TANF) and Refugee Cash Assistance (RCA) programs. The goal of this project is to help ACF better understand how the variety of systems that assist refugees collaborate to promote common goals of self-sufficiency and employment, and how refugees' experiences might differ depending on the structure of the state (or local) program arrangements. To achieve this goal, this study aims to document what states are doing to help refugees gain self-sufficiency; if and how states are integrating RCA, TANF, and associated services to better meet the needs of refugees; and what data is collected currently, or might be collected in the future, to better understand refugee resettlement services and suggest future areas for inquiry.

    The proposed data collection activities described in this notice will collect data about state policies and practices; how TANF, RCA, and associated services are provided; the respective roles of the various agencies and organizations in serving participants; how the agencies and organizations integrate services internally and/or collaborate with other organizations; refugee populations served; approaches to addressing the particular barriers refugees face; promising practices and strategies for assisting refugees; gaps in services; local labor market conditions; and experiences of refugees accessing services through these programs.

    This Federal Register Notice provides the opportunity to comment on proposed new information collection activities for this study: (1) The survey of state refugee coordinators and Wilson-Fish program coordinators will be administered to state refugee coordinators in each state and the District of Columbia. The survey will collect information about state policies and practices.

    (2) The four site visit interview guides will collect information about how TANF, RCA, and associated services are provided; the respective roles of the various agencies and organizations in serving participants; how the agencies and organizations integrate services internally and/or collaborate with other organizations; approaches to addressing the particular barriers refugees face; promising practices and strategies for assisting refugees; gaps in services; data maintained by programs serving refugees; and local labor market conditions.

    (3) The focus group guide will collect information from program participants about the services they received, how they were delivered, their experiences attempting to achieve self—sufficiency within a rapid timeframe, and the challenges they have faced.

    Respondents: Individuals receiving RCA, TANF, and related services; State Refugee Coordinators/Wilson-Fish Program Coordinators; Managers and staff at local TANF offices; local resettlement agency staff; community-based organization staff providing services to refugees; staff operating alternative cash assistance programs for refugees such as Public/Private Partnerships(s) and Wilson-Fish programs (if different from the local resettlement agency); and staff from other programs providing employability and social adjustment and cultural orientation services to refugees.

    Annual Burden Estimates Instrument Total number of
  • respondents
  • Annual number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average burden
  • hours per
  • response
  • Annual burden
  • hours
  • Survey of State Refugee Coordinators and Wilson-Fish Program Coordinators 51 26 1 .5 13 Site Visit Interview Guide for Public Agency Temporary Assistance for Needy Families Managers and Staff 40 20 1 1.5 30 Site Visit Interview Guide for Public Agency Refugee Cash Assistance Managers and Staff 40 20 1 1.5 30 Site Visit Interview Guide for Voluntary Agency Staff 40 20 1 1.5 30 Site Visit Interview Guide for Other Community- Based Organization Staff 40 20 1 1.5 30 Focus Group Guide for Service Recipients 72 36 1 1.5 54

    Estimated Total Annual Burden Hours: 187.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Fax: 202-395-6974, Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, ACF Reports Clearance Officer.
    [FR Doc. 2015-19922 Filed 8-12-15; 8:45 am] BILLING CODE 4184-07-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Privacy Act of 1974; System of Records Notice AGENCY:

    Department of Health and Human Services (HHS), Office of the Secretary (OS).

    ACTION:

    Notice to establish a new system of records, to replace two existing systems.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a), HHS is proposing to establish a single, department-wide system of records to cover all HHS payroll records, to be numbered 09-90-1402 and titled “HHS Payroll Records, HHS/OS.” The new system will replace two existing systems of records covering payroll records for civilian and commissioned corps personnel (09-40-0006 “Public Health Service (PHS) Commissioned Corps Payroll Records, HHS/PSC/HRS” and 09-40-0010 “Pay, Leave and Attendance Records, HHS/PSC/HRS”). The existing systems were last altered effective September 2012 (see Notice published August 15, 2012 at 77 FR 48984, amending System of Records Notices (SORNs) published December 11, 1998 at 63 FR 68596, to revise the routine use covering disclosures to contractors and to add a new routine use covering disclosures in the course of responding to a data security breach). The existing systems will be considered deleted upon the effective date of the proposed new system. The SORN for the new system includes updates or changes to the System Location, Routine Uses, System Manager, and Record Access Procedure sections, as more fully explained in the “Supplementary Information” section of this Notice.

    DATES:

    Effective upon publication, with the exception of the routine uses. The routine uses for the new system will be effective 30 days after publication of this Notice, unless comments are received that warrant a revision to this Notice. Written comments on the routine uses should be submitted within 30 days. Until the routine uses for the new system are effective, the routine uses previously published for the existing systems will remain in effect.

    ADDRESSES:

    The public should address written comments to: CAPT Eric Shih, Office of the Surgeon General (OSG), Division of Systems Integration (DSI), Tower Oaks Building, Plaza Level 100, 1101 Wootton Parkway, Rockville, Maryland 20852. Comments will be available for public viewing at the same location. To review comments in person, please contact the Office of the Surgeon General (OSG), Division of Systems Integration (DSI), Tower Oaks Building, Plaza Level 100, 1101 Wootton Parkway, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    For information about civilian payroll records, contact: Charles Dietz, HHS/Customer Care Services, 8455 Colesville Rd., Silver Spring, MD 20910, 301-504-3219.

    For information about commissioned corps payroll records, contact: CAPT Eric Shih, Office of the Surgeon General (OSG), Division of Systems Integration (DSI), Tower Oaks Building, Plaza Level 100, 1101 Wootton Parkway, Rockville, Maryland 20852, 240-453-6085.

    SUPPLEMENTARY INFORMATION: I. Background on the New System of Records

    The proposed new system, 09-90-1402 “HHS Payroll Records,” will combine two payroll systems of records which, until December 11, 1998, were covered in a single system of records notice (SORN), under the former number 09-90-0017 and title “Pay, Leave and Attendance Records.” The two existing systems (09-40-0006 and 09-40-0010) replaced system number 09-90-0017 in 1998 (see 63 FR 68596 at 68612 and 68615), following a 1995 reorganization that transferred payroll functions to the Program Support Center (PSC), an Operating Division that was created in 1995 to perform Human Resource (HR) functions. In 2001, PSC became a component of the Office of the Assistant Secretary for Administration (ASA), which is a Staff Division within the Office of the Secretary (OS). In 2005, HHS transferred processing of civilian payroll to the Defense Finance and Accounting Service (DFAS). In 2012, HHS transferred processing of Commissioned Corps payroll to the U.S. Coast Guard. HHS has decided to cover all HHS payroll records in a single system of records again, by establishing this proposed new system and deleting the two existing, separate systems. Differences between the existing systems and the new system are as follows:

    • Updates have been made to the System Location and System Manager sections.

    • The Record Access Procedures section has been changed for civilian payroll records, to no longer allow telephone requests, to be consistent with access procedures for commissioned corps payroll records which state that telephone requests for access to records will not be honored because positive identification of the caller cannot be established with sufficient certainty.

    • One new routine use has been added, authorizing disclosures to the U.S. Department of Homeland Security (DHS) for cybersecurity monitoring purposes.

    • Revisions have been made to the descriptions of certain purposes and routine uses common to both civilian and commissioned corps payroll records, in order to consolidate them. For example:

    ○ The congressional office routine use now includes the word “written” and excludes the word “verified” (both words were in the routine use published in SORN 09-40-0006; neither word was in the routine use published in SORN 09-40-0010).

    ○ Disclosures to tax authorities are now covered in three routine uses, consistent with the treatment in SORN 09-40-0006 (SORN 09-40-0010 covered them in two routine uses).

    • Routine uses authorizing disclosures in response to court orders (e.g., for divorce, alimony, child support, and personal debt collection actions) have been deleted as unnecessary, because the Privacy Act at 5 U.S.C. 552a(b)(11) authorizes disclosures “pursuant to the order of a court of competent jurisdiction.”

    • The following routine uses were previously published only for civilian payroll records, but now apply to both civilian and commissioned corps payroll records:

    ○ “To financial institutions, organizations and companies administering charitable contribution payments, labor union dues payments (applicable to civilian personnel only), and benefit plan payments and reimbursements (e.g., under savings plans, insurance plans, flexible spending account plans) to effect an individual's direct deposits, payroll deductions and other transactions, to administer the individual's plan accounts, loans and loan repayments, and to adjudicate any related claims.”

    ○ “To a federal, state or local agency maintaining civil, criminal or other relevant enforcement records or other pertinent records, such as current licenses, if necessary to obtain a record relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit.”

    ○ “To thrift and savings institutions to conduct analytical studies of benefits being paid under such programs, provided such disclosure is consistent with the purpose for which the information was originally collected.”

    ○ “To relevant agencies for purposes of conducting computer matching programs designed to reduce fraud, waste and abuse in federal, state and local public assistance programs and operations.”

    • The following routine uses were previously published only for commissioned corps payroll records, but now apply to both civilian and commissioned corps payroll records:

    ○ “To disclose information about the entitlements and benefits of a beneficiary of a deceased employee, retiree or annuitant for the purpose of making disposition of the decedent's estate.”

    ○ “To the Office of Management and Budget (OMB) at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19, or for budgetary or management oversight purposes.”

    • The following routine use has been reworded and moved from the list of routine uses and included as a “Note” at the end of the “Routine Uses” section, because it describes a disclosure authorized by subsection (b)(7) of the Privacy Act (5 U.S.C. 552a(b)(7)) for which no routine use is needed:

    ○ “To a Federal agency in response to a written request from the agency head specifying the particular portion desired and the law enforcement activity for which the record is sought. The request for the record must be connected with the agency's auditing and investigative functions designed to reduce fraud, waste and abuse; it must be based on information which raises questions about an individual's eligibility for benefits or payments; and it must be made reasonably soon after the information is received.”

    Because some of the changes are significant, a report on the proposed new system has been sent to Congress and OMB in accordance with 5 U.S.C. 552a(r).

    II. The Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the U.S. Government collects, maintains, and uses information about individuals in a system of records. A “system of records” is a group of any records under the control of a Federal agency from which information about an individual is retrieved by the individual's name or other personal identifier. The Privacy Act requires each agency to publish in the Federal Register a system of records notice (SORN) identifying and describing each system of records the agency maintains, including the purposes for which the agency uses information about individuals in the system, the routine uses for which the agency discloses such information outside the agency, and how individual record subjects can exercise their rights under the Privacy Act (e.g., to determine if the system contains information about them).

    SYSTEM NUMBER:

    09-90-1402

    SYSTEM NAME:

    HHS Payroll Records, HHS/OS

    SECURITY CLASSIFICATION:

    Unclassified

    SYSTEM LOCATIONS:

    Civilian payroll records locations:

    • Defense Finance and Accounting Service (DFAS) and records storage facility at Rock Island, IL. For more information contact HHS/Customer Care Services, 8455 Colesville Rd., Silver Spring, MD 20910.

    Retirement records: Federal Retirement Records Center, Boyers, PA.

    Records are also maintained by timekeepers and payroll liaisons. Contact HHS/Customer Care Services for specific locations.

    Commissioned Corps payroll records locations:

    • PHS/Office of the Assistant Secretary for Health (OASH)/Office of the Surgeon General (OSG)/Division of Commissioned Corps Personnel and Readiness (DCCPR)/Assignments and Career Management Branch (ACMB)/Compensation Team, Silver Spring, MD.

    • U.S. Coast Guard COMDT, Washington, DC.

    Commissioned corps payroll records are kept at the addresses shown above when the person to whom the record pertains has an active relationship with the PHS commissioned corps personnel system. When an officer ceases the active relationship with the commissioned corps, the payroll records are combined with the Official Personnel Folder (OPF) covered in SORN 09-40-0001, “PHS Commissioned Corps General Personnel Records, HHS/PSC/ESS” and transferred to the appropriate facility as outlined in that SORN.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The system collects and maintains records about HHS personnel (current and former civilian employees, and current and former PHS Commissioned Corps employees); current and former applicants for employment with HHS; and HHS employees' dependents, survivors, beneficiaries, and current and former spouses.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The system includes the following categories of records containing personally identifiable information (PII). PII data elements include: name, email and telephone contact information, Social Security Number, date of birth, work and home addresses, pay plan and grade, dates and hours worked, dates, hours or amounts of leave accrued, used, awarded or donated, travel benefits and allowances and educational allowances (including educational allowances for dependents of commissioned corps personnel), certifications and licenses affecting pay, personnel orders, special positions (e.g., hazardous duty) affecting pay, bank account information, and amounts withheld and allotted for income tax, insurance, retirement, Thrift Saving Plan, flexible spending account, voluntary leave transfers, charitable contributions, garnishments, and other purposes.

    1. Documents related to pay, including forms used to process payroll deductions, leave, allotments, charitable contributions and garnishments; documentation of dependent status used to determine entitlement to or eligibility for benefits; debt collection documents; survivor benefit elections and pay records; worksheets, internal forms, internal memoranda and other documents which result in, or contribute, to a pay-related action.

    2. Special pay files, containing special pay contracts, personnel orders and supporting documentation concerning special pay; worksheets, internal forms, internal memoranda and other documents which result in, or contribute, to a pay-related action.

    3. Retirement pay files, containing personnel orders and supporting documentation concerning retirement pay; worksheets, internal forms, internal memoranda and other documents which result in, or contribute to, a pay-related action.

    4. Correspondence relating to the above.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. Chapter 55—Pay Administration and Chapter 63—Leave; the Public Health Service Act (42 U.S.C. 202-217, 218a, and other pertinent sections); the Social Security Act (42 U.S.C. 410(m)); portions of Title 10, U.S.C., related to the uniformed services; portions of Title 37, U.S.C., related to pay and allowance for members of the uniformed services; portions of Title 38, U.S.C., related to benefits administered by the Department of Veterans Affairs; sections of 50 U.S.C. App., related to the selective service obligations and the Soldiers' and Sailors' Civil Relief Act; Executive Order (EO) 9397, as amended, “Numbering System for Federal Accounts Relating to Individual Persons”; and E.O. 11140, as amended, which delegates the authority to administer the PHS Commissioned Corps from the President to the Secretary, HHS.

    PURPOSE(S) OF THE SYSTEM:

    HHS uses relevant information about individuals from this system on a need to know basis to:

    • Determine the individual's eligibility for pay, allowances, entitlements, privileges, and benefits, and ensure that the individual receives proper pay and allowances, that proper deductions and authorized allowances are made from the individual's pay, and that the individual is credited and charged with the proper amount of sick and annual leave.

    • Determine eligibility or entitlements of the individual's dependents and beneficiaries for benefits based on the individual's service records.

    • Give legal force to personnel transactions and establish the individual's rights and obligations under the pertinent laws and regulations governing the applicable personnel system (civilian or commissioned corps).

    • With the individual's consent, provide information to the HHS Voluntary Leave Transfer Program for Department-wide announcements.

    • Produce management reports, summary descriptive statistics, and analytical studies in support of the functions for which the records are collected and maintained and for related personnel management functions compatible with the intent for which the record system was created.

    • Provide information to HHS' Debt Management and Collection System to collect a delinquent debt owed to the federal government, but only to the extent necessary to document and collect the delinquent debt.

    • Provide information to HHS components (the Office of Child Support Enforcement (OCSE) within the Administration for Children and Families) and HHS systems (the National Directory of New Hires (NDNH) and the Federal Parent Locator System (FPLS)), for use in locating individuals and identifying their income sources to establish paternity, to establish and modify orders of support and for enforcement actions in accordance with 42 U.S.C. 653.

    • Provide information to OCSE to share with the Social Security Administration for purposes of verifying Social Security Numbers used in operating FPLS.

    • Provide information to OCSE to release to the Department of the Treasury for purposes of administering 26 U.S.C. 32 (earned income tax credit), administering 26 U.S.C. 3507 (advance payment of earned income tax credit), and verifying a claim with respect to employment in a tax return.

    • Upon the request of the individual, provide information to organizations and companies administering charitable contribution payments, labor organization dues payments, and benefit plan payments (e.g., savings plans, insurance plans, flexible spending account plans) to effect the individual's payments through payroll deductions, to administer the individual's accounts, loans and loan repayments, and to adjudicate any related claims.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    Relevant information about an individual may be disclosed from this system of records to the following parties outside HHS, without the individual's prior, written consent, for the following routine uses:

    1. To federal agencies and Department contractors that have been engaged by HHS to assist in accomplishment of an HHS function relating to the purposes of the system (i.e., providing payroll services) and that need to have access to the records in order to assist HHS. Any contractor will be required to comply with the requirements of the Privacy Act of 1974 and maintain safeguards with respect to such records. These safeguards are explained in the “Safeguards” section.

    2. To authorized officials in federal agencies where commissioned officers are assigned, for purposes described in the “Purpose(s) of the System” section.

    3. To financial institutions, organizations and companies administering charitable contribution payments, labor organization dues payments (applicable to civilian personnel only), and benefit plan payments and reimbursements (e.g., under savings plans, insurance plans, flexible spending account plans) to effect an individual's direct deposits, payroll deductions, and other transactions, to administer the individual's plan accounts, loans and loan repayments, and to adjudicate any related claims.

    4. To the U.S. Department of the Treasury which performs federal payment and tax collection activities and needs information such as name, home address, Social Security Number, earned income amount, withholding status, and amount of taxes withheld, for purposes such as processing W-2 forms submitted to the Internal Revenue Service; issuing salary, retired pay and annuity checks or electronic payments; issuing U.S. savings bonds; recording income information; offsetting salary and other federal payments to collect delinquent federal debt owed by the individual; and collecting income taxes.

    5. To state and local government agencies having taxing authority, which need pertinent records relating to employees, retirees, and annuitants, such as name, home address, Social Security Number, earned income amount, and amount of taxes withheld, when these agencies have entered into tax withholding agreements with the Secretary of Treasury, but only to those state and local taxing authorities for which an employee, retiree, or annuitant is or was subject to tax, regardless of whether tax is or was withheld.

    6. To the Social Security Administration, which requires pertinent records relating to employees, retirees, and annuitants, including name, home address, Social Security Number, earned income amount, and amount of taxes withheld to administer the Social Security program.

    7. To respond to interrogatories in the prosecution of a divorce action or settlement for purposes stated in 10 U.S.C. 1408 (The Former Spouses Protection Act) pertaining to commissioned corps personnel.

    8. To disclose information about the entitlements and benefits of a beneficiary of a deceased employee, retiree or annuitant for the purpose of making disposition of the decedent's estate.

    9. To the U.S. Department of Justice (DOJ) or to a court or other tribunal when:

    a. The agency or any component thereof; or

    b. any employee of the agency in his or her official capacity, or

    c. any employee of the agency in his or her individual capacity where DOJ has agreed to represent the employee, or

    d. the United States Government,

    is a party to litigation or has an interest in such litigation and, by careful review, HHS determines that the records are both relevant and necessary to the litigation and that, therefore, the use of such records by the DOJ, court or other tribunal is deemed by HHS to be compatible with the purpose for which the agency collected the records.

    10. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate public authority, whether federal, foreign, state, local, tribal, or otherwise, responsible for enforcing, investigating or prosecuting the violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to the enforcement, regulatory, investigative or prosecutorial responsibility of the receiving entity.

    11. To a Member of Congress or to a Congressional staff member in response to a written inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. The Member of Congress does not have any greater authority to obtain records than the individual would have if requesting the records directly.

    12. To the Office of Management and Budget (OMB) at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19, or for budgetary or management oversight purposes.

    13. To a federal, foreign, state, local, tribal or other public authority of the fact that this system of records contains information relevant to the hiring or retention of an employee, the issuance or retention of a security clearance, the letting of a contract, or the issuance or retention of a license, grant or other benefit. The other agency or licensing organization may then make a request supported by the written consent of the individual for further information if it so chooses. HHS will not make an initial disclosure unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another federal agency for criminal, civil, administrative, personnel, or regulatory action.

    14. To thrift and savings institutions to conduct analytical studies of benefits being paid under such programs, provided such disclosure is consistent with the purpose for which the information was originally collected.

    15. To relevant agencies for the purpose of conducting computer matching programs designed to reduce fraud, waste and abuse in federal, state and local public assistance programs and operations.

    16. To the Equal Employment Opportunity Commission when requested in connection with investigations into alleged or possible discrimination practices in the federal sector, examination of federal affirmative employment programs, or other functions vested in the Commission.

    17. To the Office of Personnel Management, to the extent it requires information to carry out its role as the oversight agency responsible for promoting the effectiveness of civilian personnel management and ensuring compliance with civilian personnel laws and regulations, if the information is relevant and necessary for that purpose.

    18. To the Merit Systems Protection Board (including its Office of the Special Counsel) if relevant and necessary for its oversight responsibility, to protect the integrity of federal merit systems and the rights of federal civilian employees working in the systems.

    19. To the Federal Labor Relations Authority (including the General Counsel of the Authority and the Federal Service Impasses Panel) if relevant and necessary for its oversight of the federal service labor-management relations program, pertaining to civilian employees.

    20. To a labor organization recognized under E.O. 11491 or 5 U.S.C. Chapter 71, when a contract between a component of the Department and the labor organization provides that the agency will disclose civilian personnel records when relevant and necessary to the labor organization's duties of exclusive representation concerning civilian personnel policies, practices, and matters affecting working conditions.

    21. To the Department of Labor to make a compensation determination in connection with a claim filed by a civilian employee for worker's compensation on account of a job-connected injury or disease.

    22. To state officers of unemployment compensation in connection with claims filed by former HHS civilian employees for unemployment compensation.

    23. To the U.S. Department of Homeland Security (DHS) if captured in an intrusion detection system used by HHS and DHS pursuant to a DHS cybersecurity program that monitors Internet traffic to and from federal government computer networks to prevent a variety of types of cybersecurity incidents.

    24. To appropriate federal agencies and Department contractors that have a need to know the information for the purpose of assisting the Department's efforts to respond to a suspected or confirmed breach of the security or confidentiality of information maintained in this system of records, when the information disclosed is relevant and necessary for that assistance.

    Information about an individual may also be disclosed to parties outside the agency without the individual's prior, written consent for any of the uses authorized directly in the Privacy Act at 5 U.S.C. 552a(b)(2) and (b)(4)-(11). Note: The following requirements apply to a disclosure to another federal agency pursuant to 5 U.S.C. 552a(b)(7) (i.e., in response to a written request from the head of that agency for a civil or criminal law enforcement activity authorized by law, specifying the particular portion desired and the law enforcement activity for which the record is sought): The request must be connected with the agency's auditing and investigative functions designed to reduce fraud, waste and abuse; it must be based on information that raises questions about an individual's eligibility for benefits or payments; and it must be made reasonably soon after the information is received.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM— Storage:

    Automated files are stored on secured electronic storage applications, disks, electronic medium and magnetic tapes. Non-automated (hard-copy) files are kept in offices, and may be stored in shelves, safes, cabinets, bookcases or desks.

    Retrievability:

    Civilian payroll records: Records are retrieved by pay period and name and/or Social Security Number and timekeeper number within each pay period.

    Commissioned corps payroll records: Records are retrieved by name, by PHS serial number, by Direct AccessEmplId and/or by Social Security Number.

    Safeguards:

    Safeguards conform to the HHS Information Security and Privacy Program, http://www.hhs.gov/ocio/securityprivacy/index.html.

    1. Authorized Users

    Automated Records. Access to and use of automated records is limited to: (1) Authorized personnel within HHS who perform payroll and personnel office functions, and authorized personnel of any contractors or federal agencies assisting HHS with those functions; (2) authorized officials in offices where commissioned officers are assigned—at HHS and at other federal agencies—whose official duties require such access; and (3) authorized personnel in other federal agencies, such as the U.S. Treasury with respect to federal payment and tax collection activities, acting on behalf of HHS for payroll-related activities.

    Non-automated records. Access to and use of non-automated records is limited to HHS-employees whose official duties require such access or to parties outside HHS who need access to the information for purposes stated under routine uses. These individuals are permitted access to records only after they have satisfactorily identified themselves as having an official need to review the information and have provided satisfactory proof of their identities. Access is also granted to individuals who have permission to review the record when that permission has been obtained in writing and in advance from the individual to whom the record pertains. All individuals from outside the Department, to whom disclosure is made pursuant to a routine use, must complete Privacy Act nondisclosure oaths and must submit written requests for access to these records showing the name and employing office of the requester, the date on which the record is requested, and the purpose for reviewing the information in the records. This written request is then placed into the record.

    2. Physical safeguards

    Automated records. Terminals by which automated records are accessed are kept in offices secured with locks. Automated records on magnetic tape, disks and other computer equipment are kept in rooms designed to protect the physical integrity of the records media and equipment. These rooms are within inner offices to which access is permitted only with special clearance. The data is encrypted using NIST-approved encryption methods. Outer offices are secured with locks. During non-work hours, all cabinets, storage facilities, rooms and offices are locked and the premises are patrolled regularly by building security forces.

    Non-automated records. Non-automated records are kept in such a way as to prevent observation by unauthorized individuals while the records are actively in use by an authorized employee. When records are not in use, they are closed and secured in desk drawers with locks, filing cabinets with locks, or other security equipment, all of which are kept inside authorized office space which is locked whenever it is not in use. Keys to furniture and equipment are kept only by the individual who is assigned to that furniture or equipment and by security officers.

    3. Procedural safeguards

    Automated records. Automated records are secured by assigning individual access codes to authorized personnel, and by the use of passwords for specific records created by authorized personnel. Access codes and passwords are changed on a random schedule. In addition, programming for automated record allows authorized personnel to access only those records that are essential to their duties. Remote access to automated data from remote terminals is restricted to a limited number of HHS personnel, HHS contractor personnel, and personnel at other federal agencies engaged by HHS who perform payroll and personnel office functions; similar personnel at other federal agencies where commissioned officers are assigned; and personnel at federal agencies (such as U.S. Treasury) that act on behalf of HHS for payroll-related activities. No access is permitted to organizations that do not have automated personnel record-keeping systems that comply with Privacy Act requirements.

    Non-automated records. All files are secured when employees are absent from the premises and are further protected by locks on entry ways and by the building security force. Official records may not be removed; when records are needed at a remote location, copies of the records are provided. When copying records for authorized purposes, care is taken to ensure that any imperfect or extra copies are not left in the copier room where they can be read, but are destroyed or obliterated.

    4. Contractor Guidelines

    A contractor given records under routine use 1 must maintain the records in a secured area, allow only those individuals immediately involved in the processing of the records to have access to them, prevent any unauthorized persons from gaining access to the records, and return the records to the System Manager immediately upon completion of the work specified in the contract. Contractor compliance is assured though inclusion of Privacy Act requirements in contract clauses, and through monitoring by contract and project officers. Contractors who maintain records are instructed to make no disclosure of the records except as authorized by the System Manager and stated in the contract.

    Retention And Disposal:

    Civilian payroll records: Records are retained and disposed of in accordance with General Records Schedule 2 (GRS 2), “Payrolling and Pay Administration Records,” which prescribes retention periods ranging from as short as a few months or years to as long as 56 years. When an employee is separated, leave records are incorporated into the Official Personnel File (OPF) maintained by the servicing personnel office (SPO), and payroll retirement information is transferred to the Federal Retirement Records Center in Boyers, Pennsylvania. The OPF is forwarded to the new employing agency by the SPO. These procedures are in accordance with U.S. Office of Personnel Management policies and procedures.

    Commissioned corps payroll records: When an officer is separated, records are incorporated into the OPF and transferred to a Federal Records Center in accordance with 09-40-0001, “PHS Commissioned Corps General Personnel Records, HHS/OS” procedures. When an officer retires from the commissioned corps, a retirement payment file is generated and maintained in Compensation. When the officer and/or annuitant dies, the file is retained in Compensation for 3 years, then is incorporated into the OPF and transferred to a Federal Records Center in accordance with 09-40-0001, “PHS Commissioned Corps General Personnel Records, HHS/PSC/HRS” procedures.

    Destruction methods: Records that are eligible for destruction are securely disposed of using destruction methods prescribed by NIST SP 800-88.

    SYSTEM MANAGER AND ADDRESS:

    System Manager for civilian payroll records: DFAS. For more information, contact HHS/Customer Care Services, 8455 Colesville Rd., Silver Spring, MD.

    System Manager for commissioned corps payroll records: Director, OASH/OSG/Division of Systems Integration, Plaza Level, Suite 100, Tower Building, 1101 Wootton Parkway, Rockville, MD 20852.

    NOTIFICATION PROCEDURE:

    An individual who wishes to know if this system contains records about him or her should submit a written request to the applicable System Manager. The request should include the full name of the individual, appropriate personal identification, and the individual's current address.

    RECORD ACCESS PROCEDURE:

    Procedure for accessing civilian payroll records:

    1. General procedures. A subject individual, or parent, or legal guardian of an incompetent individual, who appears at a specific location seeking access to or disclosure of records relating to him/her may initially contact his/her agency personnel office or payroll liaison for information about obtaining access to the records. Such individuals will be required to verify their identity to the satisfaction of the agency employee providing access. Refusal to provide sufficient proof of identity will result in denial of the request for access until such time as proof of identity can be obtained.

    2. Requests by mail. Written requests must be addressed to the System Manager or the appropriate payroll liaison. A comparison will be made of that signature and the signature maintained in a file prior to release of the material requested. Copies of the records to which access has been requested will be mailed to the individual.

    3. Requests by phone. Because positive identification of the caller cannot be established with sufficient certainty, telephone requests for access to records will not be honored.

    4. Accounting of disclosures. An individual who is the subject of the records in this system may also request an accounting of all disclosures outside the Department, if any, that have been made from the individual's records.

    Procedure for accessing commissioned corps payroll records:

    1. General procedures. An individual (and/or the individual's legal representative) seeking access to his/her records may initially contact the DCCPR Privacy Act Coordinator for information about obtaining access to the records. Each individual seeking access will be required to verify his/her identity to the satisfaction of the DCCPR Privacy Act Coordinator. Refusal to provide sufficient proof of identity will result in denial of the request for access until such time as proof of identity can be obtained. The System Manager has authority to release records to authorized officials within DCCPR, HHS and other organizations where commissioned officers are assigned.

    2. Requests in person. An individual who is the subject of a record and who appears in person seeking access shall provide his/her name and at least one piece of tangible identification (e.g., PHS Commissioned Corps Identification Card, driver's license or passport). Identification cards with current photograph are required. The records will be reviewed in the presence of an appropriate Compensation employee, who will answer questions and ensure that the individual neither removes nor inserts any material into the record without the knowledge of the Compensation employee. If the individual requests a copy of any records reviewed, the Compensation employee will provide them to the individual. The Compensation employee will record the name of the individual granted access, the date of access, and information about the verification of identity on a separate log sheet maintained in the office of the Privacy Act Coordinator, DCCPR.

    3. Requests by mail. Written requests must be addressed to the System Manager or the DCCPR Privacy Act Coordinator at the address shown as the System Location above. All written requests must be signed by the individual seeking access. A comparison will be made of that signature and the signature maintained on file prior to release of the material requested. Copies of the records to which access has been requested will be mailed to the individual. The original version of a record will not be released except in very unusual situations when only the original will satisfy the purpose of the request.

    4. When an individual to whom a record pertains is mentally incompetent or under other legal disability, information in the individual's records may be disclosed to any person who is legally responsible for the care of the individual, to the extent necessary to assure payment of benefits to which the individual is entitled.

    5. Requests by phone. Because positive identification of the caller cannot be established with sufficient certainty, telephone requests for access to records will not be honored.

    6. Accounting of disclosures. An individual who is the subject of records maintained in this records system may also request an accounting of all disclosures outside the Department, if any, that have been made from that individual's records.

    CONTESTING RECORD PROCEDURES:

    An individual seeking to contest the content of information about him or her in this system should contact the applicable System Manager at the address specified under “System Manager” above and reasonably identify the record, specify the information contested, state the corrective action sought, and provide the reasons for the correction, with supporting justification.

    RECORD SOURCE CATEGORIES:

    Information is obtained from individual personnel members (civilian employees and Public Health Service officers) and applicants, their dependents and former spouses, governmental and private training facilities, health professional licensing and credentialing organizations (e.g., organizations that verify license and credential information), government officials and employees, and from records contained in or transferred from predecessor payroll systems.

    EXEMPTIONS CLAIMED FOR THIS SYSTEM:

    None.

    Dated: July 30, 2015. John W. Gill, Deputy Assistant Secretary, ASA.
    [FR Doc. 2015-19855 Filed 8-12-15; 8:45 am] BILLING CODE 4151-17-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel; Physiological Studies on Aging.

    Date: September 28, 2015.

    Time: 12:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Maurizio Grimaldi, Ph.D., MD Scientific Review Officer, National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Room 2C218, Bethesda, MD 20892, 301-496-9374, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19946 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 209 and 37 CFR part 404 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.

    FOR FURTHER INFORMATION CONTACT:

    Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301-496-7057; fax: 301-402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications.

    SUPPLEMENTARY INFORMATION:

    Technology descriptions follow.

    Rabbit Antisera to Various Matrix, Matricellular, and Other Secreted Proteins

    Description of Technology: The extracellular matrix (ECM) is composed of a group of proteins that regulate many cellular functions, such as cell shape, adhesion, migration, proliferation, and differentiation. Deregulation of ECM protein production or function contributes to many pathological conditions, including asthma, chronic obstructive pulmonary disease, arthrosclerosis, and cancer. Scientists at the NIH have developed antisera against various ECM components such as proteoglycan, sialoprotein, collagen, etc. (http://www.nidcr.nih.gov/Research/NIDCRLaboratories/CranioSkeletal/Antisera.htm). These antisera can be used as research tools to study the biology of extracellular matrix molecules.

    Potential Commercial Applications: Studying the biology of extracellular matrix molecules.

    Development Stage: Early-stage.

    Inventor: Larry Fisher (NIDCR).

    Intellectual Property: HHS Reference No. E-135-2008/0—Research Tool. Patent protection is not being pursued for this technology.

    Licensing Contact: Sally Hu, Ph.D., M.B.A.; 301-435-5606; [email protected]

    Collaborative Research Opportunity: The National Institute for Dental and Craniofacial Research is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate or commercialize antibodies for studying the biology of extracellular matrix molecules. For collaboration opportunities, please contact David Bradley, Ph.D. at [email protected]

    mNFHcre Transgenic Mice

    Description of Technology: Knockout mouse is a valuable model to study biological functions of target genes. When Cre expressing mice are bred with mice containing a loxP-flanked gene, the gene between the loxP sites will be deleted in the offsprings. Scientists at the NIH have generated mNF-H-cre transgenic mouse lines that express Cre recombinase under the control of the promoter of the neurofilament-H gene, which is expressed in the late stage of neuronal maturation. The transgenic mice express cre in neurons (but not astrocytes) with highest expression in the cortex and hippocampus. The mNF-H-cre transgenic mouse line can be used to generate conditional knockout mice with targeted excision of neuron-specific genes during the late stage of mouse development. This mouse model will be useful for the study of neuronal functions of particular genes.

    Potential Commercial Applications: Generating conditional knockout mice for neurobiological, neuro-developmental, or aging studies involving neurons of the brain and the spinal cord.

    Competitive Advantages: Transgenic mice express Cre recombinase selectively in neurons (but not in astrocytes) in the late stage of brain development.

    Development Stage: In vivo data available (animal)

    Inventor: Ashok Kulkarni (NIDCR)

    Publications

    1. Hirasawa M,et al. Neuron-specific expression of Cre recobinase during the late phase of brain development. Neurosci Res. 2001 Jun; 40(2):125-32. [PMID 11377750].

    2. Hirasawa M, et al. Perinatal abrogation of Cdk5 expression in brain results in neuronal migration defects. Proc Natl Acad Sci USA. 2004 Apr 20; 101(16):6249-54. [PMID 15067135]

    Intellectual Property: HHS Reference No. E-293-2009/0—Research Tool. Patent protection is not being pursued for this technology.

    Licensing Contact: Sally Hu, Ph.D., M.B.A.; 301-435-5606; [email protected]

    Collaborative Research Opportunity: The National Institute for Dental and Craniofacial Research is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate or commercialize knockout mice for neurobiological studies. For collaboration opportunities, please contact David Bradley, Ph.D. at [email protected]

    Novel Vaccine for Prevention and Treatment of Chlamydia Infection

    Description of Technology: The invention provides novel vectors, attenuated pathogens, compositions, methods and kits for preventing and/or treating chlamydia infections.

    Chlamydia trachomatis is an obligate intracellular human pathogen with a unique biphasic developmental growth cycle. It's the etiological agent of trachoma, the world's leading cause of preventable blindness and the most common cause of bacterial sexually transmitted disease. C. trachomatis isolates maintain a highly conserved plasmid and naturally occurring plasmidless clinical isolates are rare, implicating its importance in chlamydial pathogenesis. Understanding the plasmid's role in chlamydial pathogenesis at a molecular level is an important objective for the future control of chlamydial infections. The NIAID inventor had studied chlamydia strains in both non-human primate and murine infectious models providing evidence that plasmids play an important role in chlamydial pathogenesis. In addition, the study results of macaque model of trachoma supports the use of plasmid-deficient organisms as novel live-attenuated chlamydial vaccines.

    Potential Commercial Applications: Novel live-attenuated chlamydial vaccines.

    Competitive Advantages

    • Virulence attenuated vectors that can be used as vaccines against chlamydia.

    • Combination of vector with attenuated pathogenic agent improves the stability and replicative capacity of the pathogen.

    • Features nucleic acids, attenuated pathogens, compositions, methods and kits to treat and prevent chlamydia infections.

    Development Stage

    • In vitro data available.

    • In vivo data available (animal).

    • In vivo data available (human).

    • Prototype.

    Inventor: Harlan D. Caldwell (NIAID).

    Publications

    1. Song L, et al. Chlamydia trachomatis plasmid-encoded Pgp4 is a transcriptional regulator of virulence associated genes. Infect Immun. 2013 Mar;81(3):636-44. [PMID 23319558].

    2. Kari L, et al. A live-attenuated chlamydial vaccine protects against trachoma in nonhuman primates. J Exp Med. 2011 Oct 24;208(11):2217-23. [PMID 21987657].

    Intellectual Property: HHS Reference No. E-133-2012/0—

    • US Provisional Application No. 61/753,320 filed 16 Jan 2013.

    • PCT Application No. PCT/US2014/011799 filed 16 Jan 2014, which published as WO 2014/113541 on 24 Jul 2014.

    Licensing Contact: Peter Soukas; 301-435-4646; [email protected]

    Collaborative Research Opportunity: The National Institute of Allergy and Infectious Diseases, Laboratory of Clinical Infectious Diseases, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate or commercialize chlamydia vaccine. For collaboration opportunities, please contact Harlan D. Caldwell, Ph.D. at [email protected]

    Anti-CD47 Antibodies for the Treatment of Cancer

    Summary: Researchers at the National Cancer Institute found that CD47 enhances renewal of breast cancer stem cells, and antibody targeting of CD47 forces these stem cells to differentiate.

    Description of Technology: High expression of CD47, a cell surface receptor on several types of cancer cells, has been identified as a `don't eat me signal' that inhibits their killing by macrophages, cytotoxic T cells, and NK cells. Conversely, the CD47 antibody B6H12 that blocks SIRPα binding enhances macrophage-dependent clearance of tumors in several mouse models, although others have shown that such clearance can be independent of SIRPα signaling.

    Cancer stems cells (CSCs) are tumorigenic cells that are difficult to target with conventional chemotherapies due to their undifferentiated state. Stem cells also play an important role in the pathogenesis of cancer. CSCs have been reported to express elevated CD47 levels, but the role of CD47 in directly regulating cancer stem cell function has not been examined.

    Researchers at the National Cancer Institute's Laboratory of Pathology found in nonmalignant cells and tissues that the absence of CD47 enhances stem cell renewal in vitro and in vivo by increasing expression of four stem cell transcription factors (see related technologies below). Conversely, cancer stem cells often express high levels of CD47, and decreasing CD47 is associated with loss of stem cell characteristics. More recently, they discovered methods to force differentiation of breast cancer stem cells by targeting the receptor CD47. These methods disrupt EGF receptor signaling and up-regulate tumor suppressor gene expression in breast cancer stem cells from triple negative breast cancers, but have no effect on normal mammary epithelial cells.

    Potential Commercial Applications

    • Treatment for breast cancer and other cancers.

    • Antibodies for biomedical research.

    Competitive Advantages: Monoclonal antibodies that directly target CD47-expressing cancers.

    Development Stage: Pre-clinical (in vivo).

    Inventors: David D. Roberts and Sukhbir Kaur (NCI).

    Publication

    Kaur S, et al. Role of CD47 in triple negative breast cancer. FASEB J. 2015 April;29(1 Supplement); Abstract 890.5. [http://www.fasebj.org/content/29/1_Supplement/890.5]

    Intellectual Property: HHS Reference No. E-263-2014/0—US Application No. 62/062,675 filed October 10, 2014.

    Related Technologies

    • HHS Reference No. E-227-2006/5—US Patent 8,236,313 issued August 7, 2012; US Patent 8,557,788 issued October 15, 2013; US Patent 8,865,672 issued October 21, 2014.

    • HHS Reference No. E-153-2008/0—US Patent No. 8,951,527 issued February 10, 2015.

    • HHS Reference No. E-086-2012/1—US Patent Application No. 61/735,701 filed December 11, 2012.

    • HHS Reference No. E-296-2011/0—Application PCT/US2014/025989 filed March 13, 2014.

    Licensing Contact: Jaime M. Greene; 301-435-5559; [email protected]

    Collaborative Research Opportunity: The National Cancer Institute, Center for Cancer Research, Laboratory of Pathology, is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate or commercialize methods to differentiate cancer stem cells. For collaboration opportunities, please contact John D. Hewes, Ph.D. at [email protected]

    Prevention or Treatment of Viral Infections by Inhibition of the Histone Methyltransferases EZH1/2

    Description of Technology: Herpes simplex viral infections, including herpes simplex virus type 1 (HSV-1) and type 2 (HSV-2), are exceptionally common worldwide. These viruses establish lifelong persistent infections with cycles of lytic reactivation to produce recurrent diseases including oral and genital lesions, herpetic keratitis/blindness, congenital-developmental syndromes, and viral encephalitis. Infection with HSV-2 increases the rate of human immunodeficiency virus (HIV) transmission in coinfected individuals. DNA replication inhibitors are typically used to treat herpesvirus infections. However, these compounds do not completely suppress infection, viral shedding, reactivation from latency, and the inflammation that contributes to diseases such as keratitis. An unmet need continues to exist for methods of preventing or treating herpesviral infections. The application claims methods of preventing or treating herpesviral infection of a host, comprising administering to the host an effective amount of an inhibitor of the EZH1/2 histone methyltransferase activities. The application is not limited to herpes simplex virus but rather is applicable to other viral infections as well.

    Potential Commercial Applications • HSV therapeutics • HSV vaccines Competitive Advantages • Low-cost production • Ease of synthesis Development Stage • In vitro data available • In vivo data available (animal)

    Inventors: Thomas M. Kristie and Jesse H. Arbuckle (NIAID)

    Intellectual Property: HHS Reference E-141-2015/0—US Provisional Patent Application 62/155,704 filed 01 May 2015

    Related Technologies

    • HHS Reference E-275-2008/0—US Patent Number 8,916,596 issued 23 Dec 2014; US Application No. 14/543,321 filed 17 Nov 2014; PCT Application No. PCT/US2009/051557 filed 23 Jul 2009

    • HHS Reference E-184-2010/0—US Patent Number 8,871,789 issued 28 Oct 2014; PCT Application No. PCT/US2011/044835 filed 21 Jul 2011

    Licensing Contact: Peter Soukas; 301-435-4646; [email protected]

    Dated: August 7, 2015. Richard U. Rodriguez, Acting Director, Office of Technology Transfer, National Institutes of Health.
    [FR Doc. 2015-19912 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, NIDDK.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NIDDK.

    Date: September 10-11, 2015.

    Open: September 10, 2015, 8:00 a.m. to 8:20 a.m.

    Agenda: Introductions and Overview.

    Place: National Institutes of Health, Building 5, Room 127, 5 Memorial Drive, Bethesda, MD 20892.

    Closed: September 10, 2015, 8:20 a.m. to 5:00 p.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 5, Room 127, 5 Memorial Drive, Bethesda, MD 20892.

    Closed: September 11, 2015, 8:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 5, Room 127, 5 Memorial Drive, Bethesda, MD 20892.

    Contact Person: Michael W. Krause, Ph.D., Scientific Director, National Institute of Diabetes and Digestive and Kidney Diseases, National Institute of Health, Building 5, Room B104, Bethesda, MD 20892-1818, (301) 402-4633, [email protected]

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19940 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, July 30, 2015, 11 a.m. to July 31, 2015, 6 p.m., National Cancer Institute Shady Grove, 9609 Medical Center Drive, 2W032/034, Rockville, MD 20850 which was published in the Federal Register on June 9, 2015, 80 FR 32577.

    The meeting notice is amended to change the end date from July 31, 2015 to July 30, 2015, this meeting conclude in one day. The meeting is closed to the public.

    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19943 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council on Aging.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council on Aging.

    Date: September 16-17, 2015.

    Closed: September 16, 2015, 3:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, C Wing 6th Floor Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Open: September 17, 2015, 8:00 a.m. to 1:00 p.m.

    Agenda: Call to order and report from the Director; discussion of future meeting dates; consideration of minutes of last meeting; reports from Task Force on Minority Aging Research, Council of Councils, DGCG Program Review, Working Group on Program; Council Speaker; Program Highlights.

    Place: National Institutes of Health, Building 31, C Wing 6th Floor Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Contact Person: Robin Barr, Ph.D. Director, National Institute on Aging Office of Extramural Activities Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20814, (301) 496-9322, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: www.nih.gov/nia/naca/, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19944 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Provocative Questions 9.

    Date: September 24, 2015.

    Time: 9 a.m. to 1 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute, Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Provocative Questions 4.

    Date: September 24, 2015.

    Time: 2 p.m. to 3 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI Provocative Questions 12.

    Date: September 24, 2015.

    Time: 4 p.m. to 5 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Provocative Questions 3.

    Date: September 25, 2015.

    Time: 9 a.m. to 12 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Provocative Questions 11.

    Date: September 25, 2015.

    Time: 1 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Provocative Questions 7.

    Date: September 25, 2015.

    Time: 3:30 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850 (Telephone Conference Call).

    Contact Person: David G. Ransom, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, MD 20850, 240-276-6351, [email protected]

    Name of Committee: National Cancer Institute, Special Emphasis Panel; NCI Omnibus SEP-7

    Date: October 20-21, 2015.

    Time: 8 a.m. to 6 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Washington DC/Rockville Hotel & Executive Meeting Center, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Majed M. Hamawy, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W120, Bethesda, MD 20892, 240-276-6457, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray-Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19942 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIH Support for Conferences and Scientific Meetings (R13).

    Date: September 10, 2015.

    Time: 1:00 p.m. to 2:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Conference Room 3G62B, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Travis J. Taylor, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G62B, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5082, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19947 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel; Sleep and Aging.

    Date: September 11, 2015.

    Time: 10 a.m. to 4 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Alicja L. Markowska, Ph.D., DSC, Scientific Review Branch, National Institute on Aging, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-496-9666, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19945 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Program Project Drug Addiction.

    Date: September 15-16, 2015.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: John Bishop, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5182, MSC 7844, Bethesda, MD 20892, (301) 408-9664, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA Panel: Animal/Biological Resource Facilities.

    Date: September 16-17, 2015.

    Time: 11:00 a.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Andrea B. Kelly, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3182, MSC 7770, Bethesda, MD 20892, (301) 455-1761, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR 14-226: Limited Competition: National Primate Research Centers (P51).

    Date: September 16-18, 2015.

    Time: 5:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Courtyard Riverwalk Marriott, 207 N. St. Mary's Street, San Antonio, TX 78205.

    Contact Person: Maribeth Champoux, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3170, MSC 7848, Bethesda, MD 20892, 301-594-3163, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: High Throughput Screening.

    Date: September 24, 2015.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Nancy Templeton, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5168, MSC 7849, Bethesda, MD 20892, 301-408-9694, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: August 10, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-19941 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request: Scientific Information Reporting System (SIRS) NIGMS SUMMARY:

    In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Institute of General Medical Sciences (NIGMS), the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    Written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    To Submit Comments and for Further Information: To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: W. Fred Taylor Ph.D., Acting Director, Center for Research Capacity Building NIGMS, NIH, 45 Center Drive, Room 2AS43S, MSC 6200, Bethesda MD 20892 or call non-toll-free number (301) 594-3900 or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    Proposed Collection: Scientific Information Reporting System (SIRS), 0925-NEW, National Institute of General Medical Sciences (NIGMS), National Institutes of Health (NIH).

    Need and Use of Information Collection: The SIRS is an online data collection system whose purpose is to obtain supplemental information to the annual Research Performance Progress Report (RPPR) submitted by grantees of the Institutional Development Award (IDeA) Program and the Native American Research Centers for Health (NARCH) Program. The SIRS will collect program-specific data not requested in the RPPR data collection system. The IDeA Program is a congressionally mandated, long-term interventional program administered by NIGMS aimed at developing and/or enhancing the biomedical research competitiveness of States and Jurisdictions that lag in NIH funding. The NARCH Program is an interagency initiative that provides support to American Indian and Alaska Native (AI/AN) tribes and organizations for conducting research in their communities in order to address health disparities, and to develop a cadre of competitive AI/AN scientists and health professionals. The data collected by SIRS will provide valuable information for the following purposes: (1) Evaluation of progress by individual grantees towards achieving grantee-designated and program-specified goals and objectives, (2) evaluation of the overall program for effectiveness, efficiency, and impact in building biomedical research capacity and capability, and (3) analysis of outcome measures to determine need for refinements and/or adjustments of different program features including but not limited to initiatives and eligibility criteria. Data collected from SIRS will be used for various regular or ad hoc reporting requests from interested stakeholders that include members of Congress, state and local officials, other federal agencies, professional societies, media, and other parties.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 613.

    Estimated Annualized Burden Hours Form name Respondents Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden in
  • hours per
  • response
  • Total annual burden hours
    SIRS Principal Investigators, COBRE Phase I 37 1 3.5 129.5 SIRS Principal Investigators, COBRE Phase II 36 1 3.5 126 SIRS Principal Investigators, COBRE Phase III 35 1 3.5 122.5 SIRS Principal Investigators, INBRE 24 1 5.5 132 SIRS Principal Investigators, IDeA-CTR 5 1 3.5 17.5 SIRS Principal Investigators, NARCH 19 1 4.5 85.5
    Dated: August 6, 2015. Tammy Dean-Maxwell, Paperwork Reduction Act Liaison, NIGMS, NIH.
    [FR Doc. 2015-19849 Filed 8-12-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment: Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration's (SAMHSA's) Center for Substance Abuse Treatment (CSAT) National Advisory Council will meet on August 26, 2015, from 9 a.m.-5 p.m. (EDT) and will include a session that is closed to the public.

    The open session of the meeting will be held 9 a.m.-3:30 p.m. and will include consideration of minutes from the SAMHSA CSAT NAC meeting of April 15, 2015, the CSAT Director's report, budget update, a presentation on the Science of Recovery, an overview of Recovery Month, and a presentation related to CSAT's role in responding to public health crisis events in communities.

    The closed session will be held 3:30 p.m.-5 p.m. and will include discussion and evaluation of grant applications reviewed by Initial Review Groups, and involve an examination of confidential financial and business information as well as personal information concerning the applicants. Therefore, this portion of the meeting will be closed to the public, as determined by the SAMHSA Administrator, in accordance with Title 5 U.S.C. 552b(c)(4) and (6) and (c)(9)(B) and 5 U.S.C. App. 2, Section 10(d).

    The meeting will be held at the SAMHSA building, 1 Choke Cherry Road, Sugarloaf Conference Room, Rockville, MD 20850. Attendance by the public will be limited to space available and will be limited to the open sessions of the meeting. Interested persons may present data, information, or views, orally or in writing, on issues pending before the Council. Written submissions should be forwarded to the contact person on or before August 16, 2015. Oral presentations from the public will be scheduled at the conclusion of the meeting. Individuals interested in making oral presentations are encouraged to notify the contact on or before August 16, 2015. Five minutes will be allotted for each presentation.

    The open meeting session may be accessed via telephone. To attend on site, obtain the call-in number and access code, submit written or brief oral comments, or request special accommodations for persons with disabilities, please register on-line at http://nac.samhsa.gov/Registration/meetingsRegistration.aspx, or communicate with LCDR Holly Berilla, SAMHSA/CSAT NAC Designated Federal Officer (see contact information below).

    Substantive meeting information and a roster of Council members may be obtained either by accessing the SAMHSA Council Web site at: http://www.samhsa.gov/about-us/advisory-councils/csat-national-advisory-council or by contacting LCDR Berilla.

    Substantive program information may be obtained after the meeting by accessing the SAMHSA Council Web site, http://nac.samhsa.gov/, or by contacting LCDR Berilla.

    Council Name: SAMHSA's Center for Substance Abuse Treatment, National Advisory Council.

    Date/Time/Type: August 26, 2015, 9 a.m.-3:30 p.m. EDT, OPEN; August 26, 2015, 3:30 p.m.-5 p.m. EDT, CLOSED.

    Place: SAMHSA Building, 1 Choke Cherry Road, Sugarloaf Conference Room, Rockville, Maryland 20850.

    Contact: LCDR Holly Berilla, Designated Federal Officer, CSAT National Advisory Council, 1 Choke Cherry Road, Rockville, Maryland 20857 (mail), Telephone: (240) 276-1252, Fax: (240) 276-2252, Email: [email protected]

    Janine Cook, Chemist, SAMHSA.
    [FR Doc. 2015-19937 Filed 8-12-15; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2015-0689; OMB Control Number 1625-0070] Information Collection Request to Office of Management and Budget AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision of a currently approved collection: 1625-0070, Vessel Identification System. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 13, 2015.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0689] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT). To avoid duplicate submissions, please use only one of the following means:

    (1) Online: http://www.regulations.gov.

    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    (4) Fax: 202-493-2251. To ensure your comments are received in a timely manner, mark the fax, to attention Desk Officer for the Coast Guard.

    The DMF maintains the public docket for this Notice. Comments and material received from the public, as well as documents mentioned in this Notice as being available in the docket, will become part of the docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find the docket on the Internet at http://www.regulations.gov.

    Copies of the ICR(s) are available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket Operations, 202-366-9826, for questions on the docket.

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether these ICRs should be granted based on the Collections being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise these ICRs or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2015-0689], and must be received by October 13, 2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the “Privacy Act” paragraph below.

    Submitting Comments

    If you submit a comment, please include the docket number [USCG-2015-0689], indicate the specific section of the document to which each comment applies, providing a reason for each comment. You may submit your comments and material online (via http://www.regulations.gov), by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the DMF. We recommend you include your name, mailing address, an email address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission.

    You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES; but please submit them by only one means. To submit your comment online, go to http://www.regulations.gov, and type “USCG-2015-0689” in the “Search” box. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and will address them accordingly.

    Viewing comments and documents: To view comments, as well as documents mentioned in this Notice as being available in the docket, go to http://www.regulations.gov, click on the “read comments” box, which will then become highlighted in blue. In the “Search” box insert “USCG-2015-0689” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. You may also visit the DMF in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy Act

    Anyone can search the electronic form of comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act statement regarding Coast Guard public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    Information Collection Request

    1. Title: Vessel Identification System.

    OMB Control Number: 1625-0070.

    Summary: The Coast Guard established a nationwide vessel identification system (VIS) and centralized certain vessel documentation functions. VIS provides participating States and Territories with access to data on vessels numbered by States and Territories. Participation in VIS is voluntary.

    Need: Title 46 U.S.C. 12501 mandates the establishment of a VIS. Title 33 CFR part 187 prescribe the requirements of VIS.

    Forms: None.

    Respondents: Governments of States and Territories.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has decreased from 5,456 hours to 5,164 hours a year due to a decrease in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: August 1, 2015. Thomas P. Michelli, Deputy Chief Information Officer, U.S. Coast Guard.
    [FR Doc. 2015-20004 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2015-0636; OMB Control Number 1625-0088] Information Collection Request to Office of Management and Budget AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision of a currently approved collection: 1625-0088, Voyage Planning for Tank Barge Transits in the Northeast United States. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 13, 2015.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0636] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT). To avoid duplicate submissions, please use only one of the following means:

    (1) Online: http://www.regulations.gov.

    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    (4) Fax: 202-493-2251. To ensure your comments are received in a timely manner, mark the fax, to attention Desk Officer for the Coast Guard.

    The DMF maintains the public docket for this Notice. Comments and material received from the public, as well as documents mentioned in this Notice as being available in the docket, will become part of the docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find the docket on the Internet at http://www.regulations.gov.

    Copies of the ICR(s) are available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King, Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket Operations, 202-366-9826, for questions on the docket.

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether these ICRs should be granted based on the Collections being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise these ICRs or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2015-0636], and must be received by October 13, 2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the “Privacy Act” paragraph below.

    Submitting Comments

    If you submit a comment, please include the docket number [USCG-2015-0636], indicate the specific section of the document to which each comment applies, providing a reason for each comment. You may submit your comments and material online (via http://www.regulations.gov), by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the DMF. We recommend you include your name, mailing address, an email address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission.

    You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES; but please submit them by only one means. To submit your comment online, go to http://www.regulations.gov, and type “USCG-2015-0636” in the “Search” box. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and will address them accordingly.

    Viewing comments and documents: To view comments, as well as documents mentioned in this Notice as being available in the docket, go to http://www.regulations.gov, click on the “read comments” box, which will then become highlighted in blue. In the “Search” box insert “USCG-2015-0636” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. You may also visit the DMF in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy Act

    Anyone can search the electronic form of comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act statement regarding Coast Guard public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    Information Collection Request

    1. Title: Voyage Planning for Tank Barge Transits in the Northeast United States.

    OMB Control Number: 1625-0088.

    Summary: The information collection requirement for a voyage plan serves as a preventive measure and assists in ensuring the successful execution and completion of a voyage in the First Coast Guard District. This rule (33 CFR 165.100) applies to primary towing vessels engaged in towing tank barges carrying petroleum oil in bulk as cargo.

    Need: Section 311 of the Coast Guard Authorization Act of 1998, Public Law 105-383, 33 U.S.C. 1231, and 46 U.S.C. 3719 authorize the Coast Guard to promulgate regulations for towing vessel and barge safety for the waters of the Northeast subject to the jurisdiction of the First Coast Guard District. This regulation is contained in 33 CFR 165.100. The information for a voyage plan will provide a mechanism for assisting vessels towing tank barges to identify those specific risks, potential equipment failures, or human errors that may lead to accidents.

    Forms: None.

    Respondents: Owners and operators of towing vessels.

    Frequency: On occasion.

    Burden Estimate: The estimated burden has decreased from 1,116 hours to 880 hours a year due to a decrease in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: August 1, 2015. Thomas P. Michelli, Deputy Chief Information Officer, U.S. Coast Guard.
    [FR Doc. 2015-20000 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2015-0631; OMB Control Number 1625-0048] Information Collection Request to Office of Management and Budget AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of an extension of a currently approved collection: 1625-0048, Vessel Reporting Requirements. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 13, 2015.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0631] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT). To avoid duplicate submissions, please use only one of the following means:

    (1) Online: http://www.regulations.gov.

    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    (4) Fax: 202-493-2251. To ensure your comments are received in a timely manner, mark the fax, to attention Desk Officer for the Coast Guard.

    The DMF maintains the public docket for this Notice. Comments and material received from the public, as well as documents mentioned in this Notice as being available in the docket, will become part of the docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find the docket on the Internet at http://www.regulations.gov.

    Copies of the ICR(s) are available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King, Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket Operations, 202-366-9826, for questions on the docket.

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether these ICRs should be granted based on the Collections being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise these ICRs or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2015-0631], and must be received by October 13, 2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the “Privacy Act” paragraph below.

    Submitting Comments

    If you submit a comment, please include the docket number [USCG-2015-0631], indicate the specific section of the document to which each comment applies, providing a reason for each comment. You may submit your comments and material online (via http://www.regulations.gov), by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the DMF. We recommend you include your name, mailing address, an email address, or other contact information in the body of your document so that we can contact you if we have questions regarding your submission.

    You may submit your comments and material by electronic means, mail, fax, or delivery to the DMF at the address under ADDRESSES; but please submit them by only one means. To submit your comment online, go to http://www.regulations.gov, and type “USCG-2015-0631” in the “Search” box. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and will address them accordingly.

    Viewing comments and documents: To view comments, as well as documents mentioned in this Notice as being available in the docket, go to http://www.regulations.gov, click on the “read comments” box, which will then become highlighted in blue. In the “Search” box insert “USCG-2015-0631” and click “Search.” Click the “Open Docket Folder” in the “Actions” column. You may also visit the DMF in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Privacy Act

    Anyone can search the electronic form of comments received in dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act statement regarding Coast Guard public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

    Information Collection Request

    1. Title: Vessel Reporting Requirements.

    OMB Control Number: 1625-0048.

    Summary: Owners, Charterers, Managing Operators, or Agents of U.S. vessels must immediately notify the Coast Guard if they believe the vessel may be lost or in distress. The Coast Guard uses this information to investigate the situation and, when necessary, plan appropriate search and rescue operations.

    Need: Section 2306(a) of 46 U.S.C. requires the owner, charterer, managing operator, or an agent of vessels of the United States to immediately notify the Coast Guard if: (1) There is reason to believe that the vessel may have been lost or imperiled, or (2) more than 48 hours have passed since last receiving communication from the vessel. These reports must be followed by written confirmation submitted to the Coast Guard within 24 hours. The implementing regulations are contained in 46 CFR part 4.

    Forms: None.

    Respondents: Businesses or other for profit organizations.

    Frequency: On occasion.

    Burden Estimate: The estimated annual burden has increased from 137 hours to 138 hours a year due to an adjustment in agencies estimate.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: August 1, 2015. Thomas P. Michelli, Deputy Chief Information Officer, U.S. Coast Guard.
    [FR Doc. 2015-19999 Filed 8-12-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2015-0692; OMB Control Number 1625-0103] Information Collection Request to Office of Management and Budget AGENCY:

    Coast Guard, DHS.

    ACTION:

    Sixty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit an Information Collection Request (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision of a currently approved collection: 1625-0103, Mandatory Ship Reporting System for the Northeast and Southeast Coasts of the United States. Our ICR describes the information we seek to collect from the public. Before submitting this ICR to OIRA, the Coast Guard is inviting comments as described below.

    DATES:

    Comments must reach the Coast Guard on or before October 13, 2015.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0692] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT). To avoid duplicate submissions, please use only one of the following means:

    (1) Online: http://www.regulations.gov.

    (2) Mail: DMF (M-30), DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

    (4) Fax: 202-493-2251. To ensure your comments are received in a timely manner, mark the fax, to attention Desk Officer for the Coast Guard.

    The DMF maintains the public docket for this Notice. Comments and material received from the public, as well as documents mentioned in this Notice as being available in the docket, will become part of the docket and will be available for inspection or copying at room W12-140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find the docket on the Internet at http://www.regulations.gov.

    Copies of the ICR(s) are available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn Paperwork Reduction Act Manager, US Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents. Contact Ms. Cheryl Collins, Program Manager, Docket Operations, 202-366-9826, for questions on the docket.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection.

    The Coast Guard invites comments on whether these ICRs should be granted based on the Collections being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. In response to your comments, we may revise these ICRs or decide not to seek approval of revisions of the Collection. We will consider all comments and material received during the comment period.

    We encourage you to respond to this request by submitting comments and related materials. Comments must contain the OMB Control Number of the ICR and the docket number of this request, [USCG-2015-0692], and must be received by October 13, 2015. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the “Privacy Act” paragraph below.

    Submitting Comments

    If you submit a comment, please include the docket number [USCG-2015-0692], indicate the specific section of the document to which each comment applies, providing a reason for each comment. You may submit your comments and material online (via http://www.regulations.gov), by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via www.regulations.gov, it will be considered received by th