Federal Register Vol. 80, No.176,

Federal Register Volume 80, Issue 176 (September 11, 2015)

Page Range54701-55013
FR Document

80_FR_176
Current View
Page and SubjectPDF
80 FR 54733 - Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy VehiclesPDF
80 FR 55011 - Continuation of the National Emergency With Respect to Certain Terrorist AttacksPDF
80 FR 54789 - Sunshine Act MeetingPDF
80 FR 54805 - Sunshine Act: Notice of Agency MeetingPDF
80 FR 54803 - Government in the Sunshine Act Meeting NoticePDF
80 FR 54737 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota TransferPDF
80 FR 54798 - Technical Mapping Advisory CouncilPDF
80 FR 54794 - Drug Interactions With Hormonal Contraceptives: Public Health and Drug Development Implications; Public MeetingPDF
80 FR 54762 - Submission for OMB Review; Comment RequestPDF
80 FR 54763 - Submission for OMB Review; Comment RequestPDF
80 FR 54729 - Tetraethylene Glycol; Exemption From the Requirement of a TolerancePDF
80 FR 54728 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; CorrectionPDF
80 FR 54793 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 54788 - Adequacy Determination for the Cache County PM2.5PDF
80 FR 54979 - Reportable Events and Certain Other Notification RequirementsPDF
80 FR 54806 - California Disaster # CA-00237PDF
80 FR 54806 - Illinois Disaster #IL-00046PDF
80 FR 54796 - Center for Scientific Review Notice of Closed MeetingsPDF
80 FR 54767 - Pacific Fishery Management Council; Public MeetingPDF
80 FR 54766 - New England Fishery Management Council; Public MeetingPDF
80 FR 54767 - Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
80 FR 54737 - Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2015 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery CategoriesPDF
80 FR 54736 - Interpretation of Notification Requirements To Exclude Model AircraftPDF
80 FR 54785 - Environmental Impact Statements; Notice of AvailabilityPDF
80 FR 54790 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMBPDF
80 FR 54768 - Procurement List; Proposed AdditionPDF
80 FR 54806 - Missouri Disaster Number MO-00076PDF
80 FR 54774 - National Advisory Committee on Institutional Quality and Integrity MeetingPDF
80 FR 54774 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
80 FR 54795 - Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant BacteriaPDF
80 FR 54715 - Schedules of Controlled Substances: Removal of [123PDF
80 FR 54778 - Minneapolis Leased Housing Associates IV, Limited Partnership; Notice of Availability of Environmental AssessmentPDF
80 FR 54783 - Columbia Gulf Transmission, LLC; Columbia Gas Transmission, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Rayne Xpress Expansion Project, and Request for Comments on Environmental IssuesPDF
80 FR 54779 - Texas Gas Transmission, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Northern Supply Access Project and Request for Comments on Environmental IssuesPDF
80 FR 54781 - Eastern Shore Natural Gas Company; Notice of Intent To Prepare an Environmental Assessment For the Proposed System Reliability Project and Request for Comments on Environmental IssuesPDF
80 FR 54777 - Florida Southeast Connection, LLC; Transcontinental Gas Pipe Line Company, LLC; Sabal Trail Transmission, LLCPDF
80 FR 54789 - Goodwin International Ltd v. Air Sea International Forwarding Inc. and Ray Tobia; Notice of Filing of Complaint and AssignmentPDF
80 FR 54789 - Notice of Agreement FiledPDF
80 FR 54788 - General Motors LLC v. Nippon Yusen Kabushiki Kaisa; Wallenius Wilhelmsen Logistics As; Eukor Car Carriers Inc.PDF
80 FR 54789 - Notice of Request for Additional InformationPDF
80 FR 54801 - Public Land Order No. 7840; Revocation of Withdrawal Created by Executive Order No. 5732, CaliforniaPDF
80 FR 54800 - Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Gold Bar Mine Project, Eureka County, NVPDF
80 FR 54808 - Indiana Boxcar Corporation-Continuance in Control Exemption-Camp Chase Railway Company, LLCPDF
80 FR 54808 - Camp Chase Railway Company, LLC-Acquisition and Operation Exemption-Camp Chase Railroad CompanyPDF
80 FR 54766 - Submission for OMB Review; Comment RequestPDF
80 FR 54760 - Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site SecurityPDF
80 FR 54787 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Publicly Owned Treatment Works (Renewal)PDF
80 FR 54786 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Petroleum Dry Cleaners (Renewal)PDF
80 FR 54785 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Recordkeeping and Reporting Related to E15PDF
80 FR 54803 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Applications for Special DeputationPDF
80 FR 54768 - Procurement List; AdditionsPDF
80 FR 54764 - Submission for OMB Review; Comment RequestPDF
80 FR 54786 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Semiconductor Manufacturing (Renewal)PDF
80 FR 54765 - Submission for OMB Review; Comment RequestPDF
80 FR 54769 - phil&teds USA, Inc., Provisional Acceptance of a Settlement Agreement and OrderPDF
80 FR 54762 - Beaverhead-Deerlodge National Forest; Montana; Supplemental EIS for the Beaverhead-Deerlodge National Forest Land and Resource Management Plan To Comply With District of Montana Court OrderPDF
80 FR 54773 - Notice Is Given of the Names of Members of the Performance Review Board for the Department of the Air ForcePDF
80 FR 54805 - Advisory Committee for Education and Human Resources; Notice of MeetingPDF
80 FR 54797 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 54802 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Korea, Mexico, and Turkey; DeterminationsPDF
80 FR 54722 - Rules of Practice Before the Judicial OfficerPDF
80 FR 54713 - Special Conditions: Korea Aerospace Industries, Ltd., Model K-100; Full Authority Digital Engine Control (FADEC) SystemPDF
80 FR 54721 - Safety Zones; Fireworks Events in Captain of the Port New York ZonePDF
80 FR 54804 - Division of Federal Employees' Compensation Proposed Extension of Existing Collection; Comment RequestPDF
80 FR 54803 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)PDF
80 FR 54725 - Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2PDF
80 FR 54739 - Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2008 Lead National Ambient Air Quality StandardsPDF
80 FR 54773 - Proposed Collection; Comment RequestPDF
80 FR 54713 - Single Family Housing Direct Loan ProgramPDF
80 FR 54723 - Air Plan Approval; Indiana; SO2PDF
80 FR 54744 - Air Plan Approval; Indiana; SO2PDF
80 FR 54744 - Air Plan Approval; Wisconsin; Wisconsin State Board RequirementsPDF
80 FR 54807 - Notice of Public Information Meeting and Comment Deadline in the Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag InflatorsPDF
80 FR 54746 - World Trade Center Health Program; Addition of New-Onset Chronic Obstructive Pulmonary Disease and Acute Traumatic Injury to the List of WTC-Related Health ConditionsPDF
80 FR 54718 - Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of MexicoPDF
80 FR 54933 - Government Contractors, Prohibitions Against Pay Secrecy Policies and ActionsPDF
80 FR 54811 - Federal Property Suitable as Facilities To Assist the HomelessPDF
80 FR 54799 - Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, Virginia; Final Comprehensive Conservation Plan and Environmental Impact StatementPDF
80 FR 54701 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal AwardsPDF

Issue

80 176 Friday, September 11, 2015 Contents Agriculture Agriculture Department See

Food and Nutrition Service

See

Forest Service

See

Rural Housing Service

See

Rural Utilities Service

AIRFORCE Air Force Department NOTICES Performance Review Board Members, 54773 2015-22889 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54773-54774 2015-22854 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54764-54765 2015-22897 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54793-54794 2015-22944 Coast Guard Coast Guard RULES Safety Zones: Fireworks Events in Captain of the Port New York Zone, 54721-54722 2015-22867 Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of Mexico, 54718-54721 2015-22579 Commerce Commerce Department See

Census Bureau

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54765-54766 2015-22893 2015-22894 2015-22904
Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 54768-54769 2015-22898 2015-22930 Consumer Product Consumer Product Safety Commission NOTICES Settlement Agreements and Orders: phil and teds USA, Inc., 54769-54773 2015-22892 Defense Department Defense Department See

Air Force Department

See

Army Department

See

Navy Department

Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: [123I]Ioflupane; Removal from Schedule II, 54715-54718 2015-22919 Education Department Education Department NOTICES Meetings: National Advisory Committee on Institutional Quality and Integrity, 54774-54776 2015-22925 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Air Plan Approval; Indiana; SO2 Revision for Walsh and Kelly, 54723-54725 2015-22716 Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS, 54725-54728 2015-22864 Exemptions from Requirement of a Tolerance: Tetraethylene Glycol, 54729-54733 2015-22946 National Emission Standards for Hazardous Air Pollutants: Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Correction, 54728-54729 2015-22945 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Air Plan Approval; Indiana; SO2 Revision for Walsh and Kelly, 54744 2015-22715 Air Plan Approval; Wisconsin; Wisconsin State Board Requirements, 54744-54746 2015-22713 New Mexico; Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2008 Lead National Ambient Air Quality Standards, 54739-54743 2015-22862 NOTICES Adequacy Determination for the Cache County PM2.5 Attainment Plan's Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; Utah, 54788 2015-22942 Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Publicly Owned Treatment Works (Renewal), 54787-54788 2015-22902 NESHAP for Semiconductor Manufacturing, 54786 2015-22896 NSPS for Petroleum Dry Cleaners, 54786-54787 2015-22901 Recordkeeping and Reporting Related to E15, 54785 2015-22900 Environmental Impact Statements; Availability, etc.; Weekly Receipts, 54785-54786 2015-22932 Federal Aviation Federal Aviation Administration RULES Special Conditions: Korea Aerospace Industries, Ltd., Model K-100; Full Authority Digital Engine Control (FADEC) System, 54713-54715 2015-22872 Federal Contract Federal Contract Compliance Programs Office RULES Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions, 54934-54977 2015-22547 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: Technical Mapping Advisory Council, 54798-54799 2015-22950 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Eastern Shore Natural Gas Co.; System Reliability Project, 54781-54783 2015-22915 Minneapolis Leased Housing Associates IV, Limited Partnership, 54778-54779 2015-22918 Texas Gas Transmission, LLC; Proposed Northern Supply Access Project, 54779-54781 2015-22916 Environmental Impact Statements; Availability, etc.: Columbia Gulf Transmission, LLC, Columbia Gas Transmission, LLC; Rayne XPress Expansion Project, 54783-54784 2015-22917 Florida Southeast Connection, LLC; Transcontinental Gas Pipe Line Co., LLC; Sabal Trail Transmission, LLC; Southeast Market Pipelines Project, 54777-54778 2015-22914 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 54789 2015-22912 Complaints: General Motors LLC v. Nippon Yusen Kabushiki Kaisha, Wallenius Wilhemsen Logistics AS, and EUKOR Car Carriers Inc., 54788-54789 2015-22910 Goodwin International Ltd. v. Air Sea International Forwarding Inc. and Ray Tobia, 54789-54790 2015-22913 Meetings; Sunshine Act, 54789 2015-23058 Requests for Information, 54789 2015-22909 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54790-54793 2015-22931 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, VA, 54799-54800 2015-21925 Food and Drug Food and Drug Administration NOTICES Meetings: Drug Interactions with Hormonal Contraceptives: Public Health and Drug Development Implications, 54794-54795 2015-22949 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54762 2015-22948 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Beaverhead-Deerlodge National Forest Land and Resource Management Plan to Comply with District of Montana Court Order, 54762-54763 2015-22890 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

PROPOSED RULES World Trade Center Health Program: List of WTC-Related Health Conditions; Addition of New-Onset Chronic Obstructive Pulmonary Disease and Acute Traumatic Injury, 54746-54760 2015-22599 NOTICES Meetings: Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 54795-54796 2015-22920
Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 54812-54931 2015-22037 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey, 54802-54803 2015-22883 Meetings; Sunshine Act, 54803 2015-23044 2015-23045 Justice Department Justice Department See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Special Deputation, 54803-54804 2015-22899 Proposed Consent Decrees under CERCLA, 54803 2015-22865
Labor Department Labor Department See

Federal Contract Compliance Programs Office

See

Workers Compensation Programs Office

Land Land Management Bureau PROPOSED RULES Onshore Oil and Gas Operations: Federal and Indian Oil and Gas Leases; Site Security, 54760-54761 2015-22903 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Gold Bar Mine Project, Eureka County, NV, 54800-54801 2015-22907 Public Land Orders: Revocation of Withdrawal—California, 54801-54802 2015-22908 NASA National Aeronautics and Space Administration RULES Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 54701-54713 2015-21434 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 54805 2015-23057 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Electronic Stability Control Systems for Heavy Vehicles, 54733-54736 C1--2015--14127 NOTICES Coordinated Remedy Program Proceedings: Replacement of Certain Takata Air Bag Inflators; Meeting and Comment Deadline, 54807-54808 2015-22712 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54796-54797 2015-22938 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-water and Shallow-water Fishery Categories; Reapportionment, 54737-54738 2015-22934 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer, 54737 2015-22953 NOTICES Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review, 54767 2015-22935 New England Fishery Management Council, 54766-54767 2015-22936 Pacific Fishery Management Council, 54767-54768 2015-22937 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Education and Human Resources, 54805 2015-22887 National Transportation National Transportation Safety Board RULES Notification Requirements to Exclude Model Aircraft, 54736-54737 2015-22933 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 54774 2015-22921 Pension Benefit Pension Benefit Guaranty Corporation RULES Reportable Events and Certain Other Notification Requirements, 54980-55010 2015-22941 Postal Service Postal Service RULES Rules of Practice Before the Judicial Officer, 54722-54723 2015-22881 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Terrorist Attacks; Continuation of National Emergency (Notice of September 10, 2015), 55011-55013 2015-23108 Rural Housing Service Rural Housing Service RULES Single Family Housing Direct Loan Program, 54713 2015-22785 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54763-54764 2015-22947 Small Business Small Business Administration NOTICES Disaster Declarations: California, 54806 2015-22940 Illinois, 54806 2015-22939 Missouri; Amendment 1, 54806-54807 2015-22928 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54797-54798 2015-22886 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Camp Chase Railway Co., LLC; Camp Chase Railroad Co., 54808 2015-22905 Continuance in Control Exemptions: Indiana Boxcar Corp.; Camp Chase Railway Co., LLC, 54808-54809 2015-22906 Transportation Department Transportation Department See

Federal Aviation Administration

See

National Highway Traffic Safety Administration

See

Surface Transportation Board

Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54804-54805 2015-22866 Separate Parts In This Issue Part II Housing and Urban Development Department, 54812-54931 2015-22037 Part III Labor Department, Federal Contract Compliance Programs Office, 54934-54977 2015-22547 Part IV Pension Benefit Guaranty Corporation, 54980-55010 2015-22941 Part V Presidential Documents, 55011-55013 2015-23108 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.

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80 176 Friday, September 11, 2015 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2 CFR Part 1800 RIN 2700-AE18 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards AGENCY:

National Aeronautics and Space Administration.

ACTION:

Final rule.

SUMMARY:

NASA has adopted as final, with changes, an interim rule to implement regulations for Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.

DATES:

Effective: October 13, 2015.

FOR FURTHER INFORMATION CONTACT:

Barbara Orlando, NASA, Office of Procurement, Contract and Grants Policy Division (Suite 5L34); (202) 358-3911; email: [email protected]

SUPPLEMENTARY INFORMATION:

I. Background

An interim rule was published on 19 December, 2014 (79 FR 75872) implementing the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. This part establishes policies and procedures for grants and cooperative agreements awarded by National Aeronautics and Space Administration (NASA) to non-Federal entities, commercial firms (when cost sharing is not required), and foreign organizations as allowed by 2 CFR 200.101 Applicability. The policies and procedures that recipients must follow are those appearing in subparts A through F of 2 CFR part 200 and as supplemented by 2 CFR part 1800. For the supplemental guidance, NASA has adopted section numbers that correspond to those in the OMB guidance in 2 CFR part 200.

II. Discussion

No public comments were received. However, upon internal review NASA identified some areas that needed changing and/or clarifying. The first group of changes were editorial changes to provide clarification. NASA added definitions to provide clarity to the various sections of this regulation. Notable definition changes occurred as follows:

• Referencing the term “award” when referring to both grant and cooperative agreement awards.

• Clarifying the roles of the Administrative Grant Officer, Grant Officer and NASA Technical Officer. And

• Including definitions of “original signature” and ”prescription.”

Language was added to 2 CFR 1800.306 clarifying that NASA may require matching funds on some research opportunities.

A second group of changes was made to Appendix B, Terms and Conditions. The most substantive changes were to 2 CFR 1800.900, 1800.906, 1800.907, 1800.909, 1800.918, 1800.923, 1800.924 and 1800.925 as follows:

• 2 CFR 1800.900 was changed by adding clarification that State laws supersede the terms and conditions of a grant award; as required in the Presidential Memorandum on Preemption.

• 2 CFR 1800.906 was changed to assure compliance with laws regarding the use of appropriated funds.

• 2 CFR 1800.907 was changed to expand the exemption for prior approval to include any research grant not just those awarded through the Federal Demonstration Partnership.

• 2 CFR 1800.909 and 1800.923 were changed to remove references to the Federal Acquisition Regulation (FAR) and remove those segments that apply to contracts, such as withholding payments, that are not applicable to assistance awards.

• 2 CFR 1800.918 was changed to clarify flow down requirements.

• 2 CFR 1800.924 was changed to reflect a new structure for reporting to the New Technology Officers. and

• 2 CFR 1800.925 Invention Reporting and Rights was eliminated since it duplicated parts 2 CFR 1800.902. All subsequent sections were renumbered to reflect the elimination of this section.

NASA determined that the changes implemented with this revision will benefit the NASA financial assistance community by reducing administrative costs through clarifying ambiguous terms, reducing the reporting burden, and eliminating duplicative regulations.

III. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 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 is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

V. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 104-13) does not apply because this final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 2 CFR Part 1800

Federal financial assistance.

Manuel Quinones, Federal Register Liaison.

Accordingly, NASA adopts the interim rule published December 19, 2014, at 79 FR 75871, as final with the following revision of part 1800:

PART 1800—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Sec. 1800.1 Authority. 1800.2 Purpose. 1800.3 Applicability. 1800.4 Amendment. 1800.5 Publication. 1800.6 Deviations. Subpart A—Acronyms and Definitions 1800.10 Acronyms. 1800.11 Definitions. Subpart B—Pre-Federal Award Requirements and Contents of Federal Awards 1800.208 Certifications and representations. 1800.209 Pre-award costs. 1800.210 Information contained in a Federal award. Subpart C—Post Federal Award Requirements Standards for Financial and Program Management 1800.305 Payment. 1800.306 Cost sharing or matching. Property Standards 1800.312 Federally owned and exempt property. 1800.315 Intangible property. Remedies for Noncompliance 1800.339 Termination. 1800.400 Policy guide.

Appendix A to Part 1800—Certifications, Assurances, and Representations

Appendix B to Part 1800—Terms and Conditions

Authority:

51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), and 2 CFR part 200.

§ 1800.1 Authority.

The National Aeronautics and Space Administration (NASA) awards grants and cooperative agreements under the authority of 51 U.S.C. 20113 (e), the National Aeronautics and Space Act. This part 1800 is issued under the authority of 51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), and 2 CFR part 200.

§ 1800.2 Purpose.

This part adopts the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR part 200, as supplemented by this part, as the NASA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards. It thereby gives regulatory effect for NASA to the OMB guidance as supplemented by this part.

§ 1800.3 Applicability.

(a) This part establishes policies and procedures for grants and cooperative agreements awarded by NASA to non-Federal entities, commercial firms (when cost sharing is not required), and foreign organizations as allowed by 2 CFR 200.101 Applicability. The policies and procedures that you must follow are those appearing in subparts A through F of 2 CFR part 200 and as supplemented by 2 CFR part 1800. For supplemental guidance, NASA has adopted section numbers that correspond to those in the OMB guidance in 2 CFR part 200.

(b) Throughout this part, the term “award” refers to both “grant” and “cooperative agreement” unless otherwise indicated.

(c) When commercial firms are required to provide cost sharing pursuant to 2 CFR 200.306, Cost Sharing, the regulations at 14 CFR part 1274 apply.

(d)(1) In general, research with foreign organizations will not be conducted through grants or cooperative agreements, but instead will be accomplished on a no-exchange-of-funds basis. In these cases, NASA enters into agreements undertaking projects of international scientific collaboration. NASA policy on performing research with foreign organizations on a no-exchange-of-funds basis is set forth at NASA FAR Supplement (NFS) 1835.016-70. In rare instances, NASA may enter into an international agreement under which funds will be transferred to a foreign recipient.

(2) Grants or cooperative agreements awarded to foreign organizations are made on an exceptional basis only. Awards require the prior approval of the Headquarters Office of International and Interagency Relations and the Headquarters Office of the General Counsel. Requests to issue awards to foreign organizations are to be coordinated through the Office of Procurement, Program Operations Division.

§ 1800.4 Amendment.

This part will be amended by publication of changes in the Federal Register. Changes will be issued as final rules.

§ 1800.5 Publication.

The official site for accessing the NASA Grant and Cooperative Agreement Regulation, including notices, internal guidance, certifications, Grants and Cooperative Agreements Manual and other source information is on the internet at https://prod.nais.nasa.gov/pub/pub_library/srba.

§ 1800.6 Deviations.

(a) A deviation is required for any of the following—

(1) When a prescribed term or condition set forth verbatim in this Part 1800 is modified or omitted.

(2) When a term or condition is set forth in this Part, but not for use verbatim, and the Center substitutes a term or condition which is inconsistent with the intent, principle, and substance of the term or condition.

(3) When a form prescribed by this Part is altered or another form is used in its place.

(4) When limitations, imposed by this regulation upon the use of an award term or condition, form, procedure, or any other award action, are changed.

(5) When a form is created for recipient use that constitutes a “Collection of Information” within the meaning of the Paperwork Reduction Act (44 U.S.C. 35) and its implementation in 5 CFR part 1320.

(b) Requests for authority to deviate from this part shall be submitted, by appropriate NASA staff, to the Office of Procurement, NASA Headquarters, Program Operations Division. Requests, signed by the procurement officer, shall contain the following—

(1) A full description of the deviation, the circumstances in which it will be used, and identification of the requirement from which a deviation is sought;

(2) The rationale for the request, pertinent background information, and the intended effect of the deviation;

(3) The name of the recipient, identification of the award affected, and the dollar value;

(4) A statement as to whether the deviation has been requested previously, and, if so, details of that request; and

(5) A copy of legal counsel's concurrence or comments.

(c) Where it is necessary to obtain an exception from 2 CFR part 200, the Program Operations Division will process all necessary documents. (See 2 CFR 200.102.)

Subpart A—Acronyms and Definitions
§ 1800.10 Acronyms. The following acronyms are a supplement to the acronyms set forth at 2 CFR 200.0 ACH Automated Clearing House AO Announcement of Opportunity CAN Cooperative Agreement Notice CFR Code of Federal Regulations CNSI Classified National Security Information EPA Environmental Protection Agency HBCU Historically Black Colleges and Universities LEP Limited English Proficiency MI Minority Institutions MYA Multiple Year Award NASA National Aeronautics and Space Administration NFS NASA FAR Supplement NPR NASA Procedural Requirements NRA NASA Research Announcement NSSC NASA Shared Services Center OMB Office of Management and Budget ONR Office of Naval Research RPPR Research Performance Progress Report STIP NASA Scientific and Technical Information Program
§ 1800.11 Definitions.

(a) The following definitions are a supplement to the subpart A definitions set forth at 2 CFR 200.2 through 200.99.

Administrative Grant Officer means a Federal employee delegated responsibility for award administration; e.g., a NASA Grant Officer who has retained award administration responsibilities, or an Office of Naval Research (ONR) Grant Officer delegated award administration by a NASA Grant Officer.

Commercial firm means any corporation, trust or other organization which is organized primarily for profit.

Effective date means the date work can begin. This date is the beginning of the period of performance and can be earlier or later than the date of signature on a basic award. Expenditures made prior to the effective date are incurred at the recipient's risk.

Grant Officer means a Federal employee responsible for the signing of the grant award documents.

Historically Black Colleges and Universities (HBCUs) means institutions determined by the Secretary of Education to meet the requirements of 34 CFR 608.2 and listed therein.

Minority Institutions (MIs) means an institution of higher education whose enrollment of a single minority or a combination of minorities (minority meaning American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other ethnic group under-represented in science and engineering.) exceeds 50 percent of the total enrollment.

NASA Technical Officer means the NASA official responsible for the programmatic, scientific, and/or technical aspects of assigned applications and awards.

Original signature means an authorized signature as follows. If the system (such as NSPIRS) used to submit required documents allows for electronic signatures, then the submission of the documents, by the authorized representative of the organization serves as the required original signature. If, however, a paper copy submission is required, all documents submitted shall be appropriately signed in ink with an actual signature by the authorized representative of the organization.

Prescription is defined as the written instructions, to the Grants Officer, for the application of terms and conditions.

Research misconduct is defined in 14 CFR 1275.101. NASA policies and procedures regarding Research misconduct are set out in 14 CFR part 1275, “Investigation of Research Misconduct.”

Summary of research means a document summarizing the results of the entire project, which includes bibliographies, abstracts, and lists of other media in which the research was discussed. Terms and conditions replace the provisions cited in the former Grant Handbook. They may be modified as noted in each section.

Subpart B—Pre-Federal Award Requirements and Contents of Federal Awards
§ 1800.208 Certifications and representations.

The certifications and representations for NASA may be found at Appendix A of this part and https://prod.nais.nasa.gov/pub/pub_library/srba.

§ 1800.209 Pre-award costs.

NASA waives the approval requirement for pre-award costs of 90 days or less.

§ 1800.210 Information contained in a Federal award.

The terms and conditions for NASA may be found at Appendix B of this part and https://prod.nais.nasa.gov/pub/pub_library/srba.

Subpart C—Post Federal Award Requirements Standards for Financial and Program Management
§ 1800.305 Payment.

Payments under awards with commercial firms will be made based on incurred costs. Standard Form 425 is not required. Commercial firms shall not submit invoices more frequently than quarterly. Payments to be made on a more frequent basis require the written approval of the Grant Officer.

§ 1800.306 Cost sharing or matching.

In some cases NASA research projects require cost sharing/match. Where cost sharing/match is required, recipients must secure and document matching funds, to receive the Federal award.

Property Standards
§ 1800.312 Federally owned and exempt property.

Under the authority of the Childs Act, 31 U.S.C. 6301 to 6308, NASA has determined to vest title to property acquired with Federal funds in the recipient without further obligation to NASA, including reporting requirements.

§ 1800.315 Intangible property.

Due to the substantial involvement on the part of NASA under a cooperative agreement, intellectual property may be produced by Federal employees and NASA contractors tasked to perform NASA assigned activities. Title to intellectual property created under the cooperative agreement by NASA or its contractors will initially vest with the creating party or parties. Certain rights may be exchanged with the recipient.

Remedies for Noncompliance
§ 1800.339 Termination.

NASA reserves the ability to terminate a Federal award in accordance with § 200.338 through § 200.342 and as set forth in 2 CFR 1800.921.

§ 1800.400 Policy guide.

Payment of fee or profit is consistent with an activity whose principal purpose is the acquisition of goods and services for the direct benefit or use of the United States Government, rather than an activity whose principal purpose is assistance. Therefore, the Grants Officer shall use a procurement contract, rather than assistance instrument, in all cases where fee or profit is to be paid to the recipient of the instrument or the instrument is to be used to carry out a program where fee or profit is necessary to achieving program objectives. Grants and Cooperative Agreements shall not provide for the payment of fee or profit to the recipient.

Appendix A to Part 1800—Certifications, Assurances, and Representations

These Certifications, Assurances, and Representations apply to all awards and are required at time of application.

A.1 Certifications, Assurances, and Representations.

A.2 Certification of Compliance on Proposal Cover Page.

A.3 Assurance of Compliance with the National Aeronautics and Space Administration Regulations Pursuant to Nondiscrimination in Federally Assisted Programs.

A.4 Certification Regarding Lobbying.

A.5 Certification Regarding Debarment, Suspension, and Other Matters of Responsibility.

A.6 Certifications to Implement Restrictions in Appropriations Acts.

A.1 Certifications, Assurances, and Representations

Unless prohibited by statute or codified regulation, NASA will allow recipients to submit certain certifications and representations required by statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships with the agency. Annual certifications and representations shall be signed by responsible officials with the authority to ensure recipients' compliance with the pertinent requirements. Recipients determine how annual representations affect their responsibility to obtain required certifications from pass-through entities. All Certification required for an application can be found at https://prod.nais.nasa.gov/pub/pub_library/srba.

A.2 Certification of Compliance on Proposal Cover Page

By submitting the proposal identified in the Cover Sheet/Proposal Summary in response to this Research Announcement, the Authorizing Official of the proposing organization (or the individual Proposer if there is no proposing organization) as identified below—

(a) Certifies that the statements made in this proposal are true and complete to the best of his/her knowledge;

(b) Agrees to accept the obligation to comply with NASA award terms and conditions if an award is made as a result of this proposal; and

(c) Confirms compliance with all applicable terms and conditions, rules, and stipulations set forth in the Certifications, Assurances, and Representations contained in this NRA or CAN. Willful inclusion of false information in this proposal and/or its supporting documents, or in reports required under an ensuing award, is a criminal offense (U.S. Code, Title 18, Section 1001).

A.3 Assurance of Compliance With the National Aeronautics and Space Administration Regulations Pursuant to Nondiscrimination in Federally Assisted Programs

The Organization, corporation, firm, or other organization on whose behalf this assurance is made, hereinafter called “Applicant”

“HEREBY acknowledges and agrees that it must comply (and require any subawardees, contractors, successors, transferees, and assignees to comply) with applicable provisions of National laws and policies prohibiting discrimination, including but not limited to—

1. Title VI of the Civil Rights Act of 1964, as amended, which prohibits recipients of Federal financial assistance from discriminating on the basis of race, color, or national origin (42 U.S.C. 2000d et seq.), as implemented by NASA Title VI regulations, 14 CFR part 1250. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, the Applicant must take reasonable steps to ensure that LEP persons have meaningful access to its programs in accordance with NASA Title VI LEP Guidance to Grant (Award) Recipients (68 FR 70039). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. The Applicant is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Assistance and information regarding LEP obligations may be found at http://www.lep.gov.

2. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in education programs or activities (20 U.S.C. 1681 et seq.) as implemented by NASA Title IX regulations, 14 CFR part 1253. If the Applicant is an educational institution—

a. The Applicant is required to designate at least one employee to serve as its Title IX coordinator (14 CFR 1253.135(a)).

b. The Applicant is required to notify all of its program beneficiaries of the name, office, address, and telephone number of the employee(s) designated to serve as the Title IX coordinators (14 CFR 1253.135(a)).

c. The Applicant is required to publish internal grievance procedures to promptly and equitably resolve complaints alleging illegal discrimination in its programs or activities (14 CFR 1253.135(b).

d. The Applicant is required to take specific steps to regularly and consistently notify program beneficiaries that The Applicant does not discriminate in the operation of its programs and activities (14 CFR 1253.140).

3. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits The Applicant from discriminating on the basis of disability (29 U.S.C. 794) as implemented by NASA Section 504 regulations, 14 CFR part 1251.

a. The Applicant is required to designate at least one employee to serve as its Section 504 coordinator (14 CFR 1251.106(a)).

b. The Applicant is required to notify all its program beneficiaries of the name, office, address, and telephone number of the employee(s) designated to serve as the Section 504 coordinator (14 CFR 1251.106(a)).

c. The Applicant is required to publish internal grievance procedures to promptly and equitably resolve complaints alleging illegal discrimination in its programs or activities (14 CFR 1251.106(b)).

d. The Applicant is required to take specific steps to regularly and consistently notify program beneficiaries that the Applicant does not discriminate in the operation of its programs and activities (14 CFR 1251.107).

4. The Age Discrimination Act of 1975, as amended, which prohibits the Applicant from discriminating on the basis of age (42 U.S.C. 6101 et seq.) as implemented by NASA Age Discrimination Act regulations, 14 CFR part 1252.

The Applicant also acknowledges and agrees that it must cooperate with any compliance review or complaint investigation conducted by NASA and comply (and require any subawardees, contractors, successors, transferees, and assignees to comply) with applicable terms and conditions governing NASA access to records, accounts, documents, information, facilities, and staff. The Applicant must keep such records and submit to the responsible NASA official or designee timely, complete, and accurate compliance reports at such times, and in such form and containing such information, as the responsible NASA official or his designee may determine to be necessary to ascertain whether the Applicant has complied or is complying with relevant obligations and must immediately take any measure determined necessary to effectuate this agreement. The Applicant must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The United States shall have the right to seek judicial enforcement of these obligations. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign on behalf of the Applicant.”

Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations as herein described, that the information submitted in conjunction with this document is accurate and complete, and that the recipient is in compliance with the nondiscrimination requirements set out above.

[End of Assurance] A.4 Certification Regarding Lobbying

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal award, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000, and not more than $100,000 for each such failure.

[End of Certification] A.5 Certification Regarding Debarment, Suspension, and Other Matters of Responsibility

Pursuant to Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR parts 180 and 1880—

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals—

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

[End of Certification] A.6 Certifications To Implement Restrictions in Appropriations Acts

The text of these certifications is found at https://prod.nais.nasa.gov/pub/pub_library/srba.

Appendix B to Part 1800—Terms and Conditions 1800.900 Terms and Conditions. 1800.901 Compliance with OMB Guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards. 1800.902 Technical Publications and Reports. 1800.903 Extensions. 1800.904 Termination and Enforcement. 1800.905 Change in Principal Investigator or Scope. 1800.906 Financial Management. 1800.907 Equipment and Other Property. 1800.908 Patent Rights. 1800.909 Rights in Data. 1800.910 National Security. 1800.911 Nondiscrimination. 1800.912 Clean Air and Water. 1800.913 Investigative Requirements. 1800.914 Travel and Transportation. 1800.915 Safety. 1800.916 Buy American Encouragement. 1800.917 Investigation of Research Misconduct. 1800.918 Allocation of Risk/Liability. 1800.919 Cooperative Agreement. 1800.920 Multiple year Award 1800.921 Incremental Funding. 1800.922 Cost Sharing. 1800.923 New Technology. 1800.924 Designation of New Technology Representative and Patent Representative. 1800.925 Equipment and Other Property under Awards with Commercial Firms. 1800.926 Listing of Reportable Equipment and Other Property. 1800.927 Invoices and Payments under Awards with Commercial Firms. 1800.928 Electronic Funds Transfer Payment Methods. 1800.900 Terms and Conditions

(a) Unless otherwise noted in the prescriptive language awards with Non-Federal entities shall incorporate by reference the terms and conditions set forth in sections §§ 1800.901 through 1800.918 of this appendix. Any of the terms and conditions in sections §§ 1800.919 through 1800.928 shall be referenced in full text. The program office may need to include information required for certain terms and conditions to allow for additional information, or permit minor modifications. For example, the Grant Officer may substitute appropriate sections of § 1800.902, Technical Publications and Reports,” with reporting requirements specified by the program office.

(b) Additional special terms and conditions may be included to the extent they are required and are not inconsistent with the other terms and conditions in this Appendix B. A deviation in accordance with 2 CFR 1800.6 is required before a new term and condition inconsistent with the standard terms and conditions can be included in an award.

(c) Whenever the word “award” appears in this Appendix, it shall be deemed to include, both grants and cooperative agreements, as appropriate.

(d) Terms and conditions for research awards awarded to foreign organizations, when approved by Headquarters, will be provided in full text. Referenced handbooks, statutes, or other regulations, which the recipient may not have access to, must be made available when requested by the foreign organization.

(e) Awards issued by NASA to commercial organizations where cost sharing is not required shall incorporate the terms and conditions set forth in this appendix.

(f) Terms and conditions do not supersede state laws.

1800.901 Compliance With OMB Guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

Prescription—This term and condition implements 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards herein referred to as the “OMB Uniform Guidance.” The Grant Officer shall use this term and condition in all awards with recipients that are other than commercial firms. The Grant Office shall use Alternate 1 for awards with commercial firms.

Compliance With OMB Guidance

This award is subject to the requirements set forth in 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards as adopted by NASA in Part 1800 of Title 2 of the Code of Federal Regulations. Specific terms and conditions set forth in this award document are provided to supplement and clarify, not replace, the OMB Uniform Guidance, except in circumstances where a waiver from OMB Uniform Guidance requirements has been obtained by NASA.

(End of Term and Condition) Alternate 1

(a) With the exception of Subpart E and F, this award is subject to the requirements set forth in OMB Guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards at 2 CFR Chapter 1, and Chapter II Part 200 as adopted by NASA in Part 1800 of Title 2 of the Code of Federal Regulations. Specific terms and conditions set forth in this award document are provided to supplement and clarify, not replace, the Guidance, except in circumstances where a waiver from the OMB Uniform Guidance requirements has been obtained by NASA.

(b) In lieu of Subparts E and F of 2 CFR part 200, the expenditure of Government funds by the recipient and the allowability of costs recognized as a resource contribution by the recipient shall be governed by the FAR cost principles implemented by FAR Parts 30, 31, and 48 CFR part 99. (If the recipient is a consortium which includes non-commercial firm members, cost allowability for those members will be determined by the OMB Uniform Guidance at Subpart E and F of 2 CFR 200.)

(End of Term and Condition) 1800.902 Technical Publications and Reports

Prescription—The Grant Officer shall include on a “substantially as” basis in all awards. The requirements set forth under this term and condition may be modified by the Grant Officer based on specific report needs for the award.

Technical Publications and Reports

(a) NASA encourages the widest practicable dissemination of research results at any time during the course of the investigation.

(1) All information disseminated as a result of the award shall contain a statement which acknowledges NASA's support and identifies the award by number (e.g., “the material is based upon work supported by NASA under award No(s) XXXXX (as shown on the award notice).)

(2) Except for articles or papers published in scientific, technical, or professional journals, the exposition of results from NASA supported research should also include the following disclaimer— “Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Aeronautics and Space Administration.”

(3) As a courtesy, any release of a NASA photograph or illustration should list NASA first on the credit line followed by the name of the Principal Investigator's Institution. As an example— “Photograph or illustration, figure, etc. courtesy of NASA or NASA Center managing the mission or program and the Principal Investigator's institution.”

(b) Reports shall be in the English language, informal in nature, and ordinarily not exceed three pages (not counting bibliographies, abstracts, and lists of other media). The recipient shall submit the following reports—

(1) A Progress Report for all but the final year of the award. Each report is due 60 days before the anniversary date of the award and shall briefly describe what was accomplished during the reporting period. A term or condition specifying more frequent reporting may be required.

(2) A Summary of Research or Educational Activity Report is due within 90 days after the end date for the period of performance, regardless of whether or not support is continued under another award. This report shall be a comprehensive summary of significant accomplishments during the duration of the award.

(c) Progress Reports, Summaries of Research, and Educational Activity Reports shall include the following on the first page:

(1) Title of the award.

(2) Type of report.

(3) Name of the principal investigator.

(4) Period covered by the report.

(5) Name and address of the recipient's institution.

(6) Award number.

(d) Progress Reports, Summaries of Research, and Educational Activity Reports shall be distributed as follows:

(1) The original report, in both hard copy and electronic format, to the Technical Officer.

(2) One copy to the NASA Technical Officer and New Technology Officer with a notice to the Grant Officer, that a report was sent.

(End of Term and Condition) 1800.903 Extensions

Prescription—The Grant Officer shall include this term and condition in all awards except awards with commercial firms. If included, minor modifications to the term and condition, such as the time frame for cost extensions, is permissible.

Extensions

(a) It is NASA's policy to provide maximum possible continuity in funding award-supported research and educational activities, therefore, awards may be extended for additional periods of time when necessary to complete work that was part of the original award. NASA generally only approves such extensions within funds already made available. Any extension that would require additional funding must be supported by a proposal submitted at least three months in advance of the end date of the period of performance.

(b) Recipients may extend the expiration date of an award if additional time beyond the established end date is required to assure adequate completion of the original scope of work within the funds already made available. For this purpose, the recipient may make a one-time no-cost extension, not to exceed 12 months, prior to the established expiration date. Written notification of such an extension, with the supporting reasons, must be received by the NASA Grant Officer at least ten days prior to the expiration of the award. A copy of the extension must also be forwarded to cognizant Office of Naval Research (ONR) office, if administration has been delegated to ONR. NASA reserves the right to disapprove the extension if the requirements set forth at § 200.308(d) (2) are not met.

(c) Requests for approval for all other no-cost extensions must be submitted in writing to the NASA Grant Officer. A copy of this request must also be forwarded to cognizant Office of Naval Research (ONR) office, if administration has been delegated to ONR.

(End of Term and Condition) 1800.904 Termination and Enforcement

Prescription—This term and condition implements § 200.338 through § 200.342. The Grant Officer shall include this term and condition in all awards.

Termination and Enforcement

Termination and enforcement conditions of this award are specified in § 200.338 through § 200.342.

(End of Term and Condition) 1800.905 Change in Principal Investigator or Scope

Prescription—The Grant Officer shall include this term and condition in all awards.

Change in Principal Investigator or Scope

(a) The recipient shall obtain the approval of the NASA Grant Officer for a change of the Principal Investigator, or for a significant absence of the Principal Investigator from the project, defined as a three month absence from the program or a 25 percent reduction in time devoted to the project. Significantly reduced availability of the services of the Principal Investigator(s) named in the award instrument could be grounds for termination, unless alternative arrangements are made and approved in writing by the Grant Officer.

(b) Prior written approval is required from NASA if there is to be a significant change in the objective or scope of the project.

(End of Term and Condition) 1800.906 Financial Management

Prescription—This term and condition implements § 200.302. The Grant Officer shall include this term and condition in all awards except when the recipient is a commercial firm.

Financial Management

(a) Advance payments will be made by the Financial Management Office of the NASA Center assigned financial cognizance of the award, using the Department of Health and Human Services' Payment Management System (DHHS/PMS), in accordance with procedures provided to the recipient. The recipient shall submit a Federal Financial Report (SF 425), and, when applicable, a Federal Financial Report Attachment (SF 425A) electronically to DHHS/PMS within 30 days following the end of each Federal fiscal quarter (i.e., December 31, March 31, June 30, and September 30).

(b) In addition, the recipient shall submit a final SF 425 in electronic or paper form to NASA within 90 calendar days after the end date of the period of performance. The final SF 425 shall pertain only to the completed award and shall include total disbursements from inception through completion. The report shall be marked “Final.” The final SF 425 shall be submitted to NASA per the Grants and Cooperative Agreement Manual (GCAM) Exhibit E, Required Publications and Reports, A copy of the GCAM is located at https://prod.nais.nasa.gov/pub/pub_library/srba.

(c) By signing any report delivered under the award, the authorizing official for the recipient certifies to the best of his or her knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and intent set forth in the award documents. The authorizing official by signing the report also certified he or she is aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject him or her to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code, Title 18, Section 1001 and Title 31 Section 3729-3733 and 3801-3812.)

(d) Unless otherwise directed by the Grant Officer, any unexpended balance of funds which remains at the end of any funding period, except the final funding period of the award, may be carried over to the next funding period, and may be used to defray costs of any funding period of the award. This includes allowing the carryover of funds to the second and subsequent years of a multiple year award. Unexpended funds from one award may not be carried over to a new or different award. This term and condition also applies to subawardees/subcontractors performing substantive work under the award. NASA reserves the right to remove unexpended balances from awards when insufficient efforts have been made by the awardee to liquidate funding balances in a timely fashion.

(End of Term and Condition) 1800.907 Equipment and Other Property

Prescription—The Grant Officer shall include this term and condition in all awards except when recipient is a commercial firm.

Equipment and Other Property

(a) NASA permits acquisition of special purpose and general purpose equipment specifically required for use exclusively for research activities.

(1) Acquisition of special purpose or general purpose equipment costing in excess of $5,000 (unless a lower threshold has been established by the recipient) and not included in the approved proposal budget, requires the prior approval of the NASA Grant Officer. Requests to the Grant Officer for the acquisition of equipment shall be supported by written documentation setting forth the description, purpose, and acquisition value of the equipment, and including a written certification that the equipment will be used exclusively for research, activities. (A change in the model number of a prior approved piece of equipment does not require resubmission for that item.) Research awards are exempt from the prior approval requirement.

(2) Special purpose and general purpose equipment costing in excess of $5,000 (unless a lower threshold has been established by the recipient) acquired by the recipient under an award for the purpose of research shall be titled to the recipient as “exempt” without further obligation to NASA, including reporting of the equipment, in accordance with § 200.312(c) and § 1800.312. Special purpose or general purpose equipment costing in excess of $5,000 (unless a lower threshold has been established by the recipient) acquired by the recipient under an award for non-research work shall be titled to the recipient in accordance with § 200.313.

(3) Special purpose or general purpose equipment acquired by the recipient with award funds, valued under $5,000 (unless a lower threshold is established by the recipient) are classified as “supplies,” do not require the prior approval of the NASA Grant Officer, shall vest in the recipient and will be titled to the recipient in accordance with § 200.314.

(4) Award funds may be expended for the acquisition of land or interests therein or for the acquisition and construction of facilities only under a facilities award.

(b) As required the recipient shall submit an annual Inventory Report, to be received no later than October 15 of each year, which lists all reportable non-exempt equipment and/or Federally owned property in its custody as of September 30. Negative responses for annual Inventory Reports (when there is no reportable equipment) are not required. A Final Inventory Report of Federally Owned Property, including equipment where title was taken by the Government, will be submitted by the recipient no later than 60 days after the end date of the period of performance. Negative responses for Final Inventory Reports are required.

(1) All reports will include the information listed in paragraph (d)(1) of § 200.313, Equipment. No specific report form or format is required, provided that all necessary information is provided.

(2) The original of each report shall be submitted to the Deputy Chief Financial Officer (Finance). Copies shall be furnished to the Center Industrial Property Officer and to ONR.

(End of Term and Condition) 1800.908 Patent Rights

Prescription—The Grant Officer shall include this term and condition in all awards, except awards with large businesses.

Patent Rights

As stated at § 200.315(c), this award is subject to the provisions of 37 CFR 401.3(a) which requires use of the standard clause set out at 37 CFR 401.14 “Patent Rights (Small Business Firms and Nonprofit Organizations)” and the following:

(a) Definitions.

The words “contract” or “Contractor” are used in 37 CFR 401.14. Those words shall be replaced by the words “award” or “recipient,” respectively.

The term “Federal Agency,” “agency,” or “funding Federal agency” is used 37 CFR 401.14, the term shall be replaced by the term “NASA.”

The term “award,” as used in this term and condition, means any actual or proposed grant, cooperative agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, subaward, or subcontract executed or entered into thereunder.

(b) The below items are added to the end of paragraph (c) of 37 CFR 401.14 are as follows:

“(5) The recipient may use whatever format is convenient to disclose subject invention required in subparagraph (c)(1). NASA prefers that the recipient use either the electronic or paper version of NASA Form 1679, Disclosure of Invention and New Technology (Including Software), to disclose subject inventions. Both the electronic and paper version of the NASA Form 1679 may be accessed at the electronic New Technology Reporting Web site https://invention.nasa.gov.

“(6) In addition to the above, the recipient shall provide the New Technology Representative, as designated under term and condition “Designation of New Technology Representative and Patent Representative” at 1800.924 of this award, the following:

(i) A yearly interim new technology summary report listing any subject inventions required to be disclosed during the preceding year (or a statement certifying there were none).

(ii) A final new technology summary report listing all subject inventions (or a statement certifying there were none) for the entire award period; which report shall be submitted within 90 days after the end date for the period of performance within the designated system noted within the award document.”

(c) The below item is added to the end of paragraph (f)(1) of 37 CFR 401.14 “Patent Rights” as follows:

“(iii) The recipient shall through employee agreements or other suitable recipient policy, require that its employees “will assign and do hereby assign” to the recipient all right, title and interest in any subject invention under this award.”

(d) The term “subcontract” in paragraph (g) of 37 CFR 401.14 shall include purchase orders.

(f) The following constitutes paragraph “(l)” of in 37 CFR 404.14—

“(l) Communications. A copy of all submissions or requests required 37 CFR 401.14, plus a copy of any reports, manuscripts, publications or similar material bearing on patent matters, shall be sent to the Center Patent Counsel and the NASA Grant Officer in addition to any other submission requirements in the award terms and conditions (e.g., as specified in this term and condition and in term and condition 1800.924 “Designation of New Technology Representative and Patent Representative”). If any reports contain information describing a “subject invention” for which the recipient has elected or may elect to retain title, NASA will use reasonable efforts to delay public release by NASA or publication by NASA in a NASA technical series until an application filing date has been established, provided that the recipient identify the information and the “subject invention” to which it relates at the time of submittal. If required by the Patent Representative or requested by the New Technology Representative, as designated under 1800.924 “Designation of New Technology Representative and Patent Representative,” the recipient shall provide the filing date, serial number and title, a copy of the patent application, and a patent number and issue date for any “subject invention” in any country in which the recipient has applied for patents. Additionally, the NASA shall have an irrevocable power to inspect and make copies of the patent application file, when a Federal Government employee is a co-inventor.”

(g) NASA Inventions. NASA will use reasonable efforts to report inventions made by NASA employees as a consequence of, or which bear a direct relation to, the performance of specified NASA activities under this agreement and, upon timely request, will use reasonable efforts to grant the recipient an exclusive, or partially exclusive, revocable, royalty-bearing license, subject to the retention of a royalty-free right of the Government to practice or have practiced the invention by or on behalf of the Government.

(h) The recipient agrees, subject to (g)(1) below, that the Government may duplicate and disclose subject invention disclosures and all other reports and papers furnished or required to be furnished pursuant to this term and condition.

(1) Publishing information concerning an invention before a patent application is filed on a subject invention may create a bar to a valid patent. To avoid this bar, agencies may withhold information from the public that discloses any invention in which the Government owns or may own a right, title, or interest (including a nonexclusive license) (see 35 U.S.C. 205 and 37 CFR part 401). Agencies may only withhold information concerning inventions for a reasonable time in order for a patent application to be filed. Once filed in any patent office, agencies are not required to release copies of any document that is a part of a patent application for those subject inventions.

(2) In the event NASA contractors are tasked to perform work in support of specified activities under a cooperative agreement and inventions are made by contractor employees, the contractor will normally retain title to its employee inventions in accordance with 35 U.S.C. 202, 14 CFR part 1245, and/or Executive Order 12591. In the event the contractor decides not to pursue rights to title in any such invention and NASA obtains or retains title to such inventions, NASA will use reasonable efforts to report such inventions and, upon timely request, will use reasonable efforts to grant the recipient an exclusive, or partially exclusive, revocable, royalty-bearing license, subject to the retention of a royalty-free right of the Government to practice or have practiced the invention by or on behalf of the Government.

(End of Term and Condition) 1800.909 Rights in Data

Prescription—The Grant Officer may revise the language under this term and condition to modify each party's rights based on the particular circumstances of the program and/or the recipient's need to protect specific proprietary information. Any modification to the standard language set forth under the term and condition requires the concurrence of the Center's Patent Counsel and that the term and condition be printed in full text.

Rights in Data

(a) “Data,” as used in this term and condition, means recorded information, regardless of form, the media on which it may be recorded, or the method of recording. The term includes, but is not limited to, data of a scientific or technical nature, and any copyrightable work, including computer software and documentation thereof.

(b) As to data first produced by recipient in carrying out recipient's responsibilities under this award in which the recipient asserts copyright, or data for which copyright ownership was acquired under the grant, the recipient grants to the Federal Government (Government), a royalty-free, nonexclusive and irrevocable license to use, reproduce, distribute (including distribution by transmission) to the public, perform publicly, prepare derivative works, and display publicly, data in whole or in part and in any manner for Federal purposes and to have or permit others to do so for Federal purposes only.

(c) In order that the Government may exercise its license rights in data, the Government, upon request to the recipient, shall have the right to review and/or obtain delivery of data resulting from the performance of work under this award or acquired under this award, and authorize others to receive such data to use for Federal purposes.

(d) Cost Sharing and/or Matching Efforts. When the recipient cost shares with the Government on the effort, the following paragraph also applies—

“(1) In the event data first produced by the recipient in carrying out recipient's responsibilities under this award is furnished to NASA, and recipient considers such data to embody trade secrets or to comprise commercial or financial information which is privileged or confidential, and such data is so identified with a suitable notice or legend, the data will be maintained in confidence and disclosed and used by the Government and its contractors (under suitable protective conditions) only for experimental, evaluation, research and development purposes, by or on behalf of the Government for an agreed to period of time, and thereafter for Federal purposes as defined in § 1800.909(b).”

(e) For Cooperative Agreements, the following paragraph also applies—

“(1) As to data first produced by NASA in carrying out NASA's responsibilities under a cooperative agreement and which data would embody trade secrets or would comprise commercial or financial information that is privileged or confidential if it has been obtained from the recipient, such data will be marked with an appropriate legend and maintained in confidence for 5 years (unless a shorter period has been agreed to between the Government and recipient) after development of the information, with the express understanding that during the aforesaid period such data may be disclosed and used (under suitable protective conditions) by or on behalf of the Government for Government purposes only, and thereafter for any purpose whatsoever without restriction on disclosure and use. Recipient agrees not to disclose such data to any third party without NASA's written approval until the aforementioned restricted period expires.”

(End of Term and Condition) 1800.910 National Security

Prescription—This term and condition implements Executive Order 12829. The Grant Officer shall include in all awards.

National Security

NASA awards normally do not involve classified information. However, if it is known in advance that an award involves classified information or if the work on the award is likely to develop classified information, individuals performing on the award who will have access to the information must obtain the appropriate security clearance in advance of performing on the award, in accordance with NASA Procedural Requirements (NPR) 1600.2, NASA Classified National Security Information (CNSI) w/Change 2. When access to classified information is not originally anticipated in the performance of an award, but such information is subsequently sought or potentially developed by the award recipient, the NASA Grant Officer who issued the award shall be notified immediately, and prior to work under the award proceeding, to implement the appropriate clearance requirements.

(End of Term and Condition) 1800.911 Nondiscrimination

Prescription—This term and condition implements Executive Order 11246. The Grant Officer shall include in all awards.

Nondiscrimination

(a) To the extent provided by law and any applicable agency regulations, this award and any program assisted thereby are subject to the provisions of Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), Title IX of the Education amendments of 1972 (Pub. L. 92-318, 20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (Pub. L. 94-135), the implementing regulations issued pursuant thereto by NASA, and the assurance of compliance which the recipient has filed with NASA.

(b) Except for commercially available supplies, materials, equipment, or general support services, the recipient shall obtain an assurance of compliance as required by NASA regulations from each organization that applies or serves as a subrecipient, subawardee, contractor or subcontractor under this award.

(c) Work on NASA awards is subject to the provisions of Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d-1), Title IX of the Education Amendments of 1972 (20 U.S.C. 1680 et seq.), section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing regulations (14 CFR parts 1250, 1251, 1252, and 1253).

(End of Term and Condition) 1800.912 Clean Air and Water

Prescription—This term and condition implements the Clean Air Act at 42 U.S.C. 7401 et seq. The Grant Officer shall include this term and condition on all awards.

Clean Air and Water

The recipient agrees to the following:

(a) Comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. 7401 et seq.) and of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(b) Ensure that no portion of the work under this award will be performed in a facility listed on the Environmental Protection Agency (EPA) List of Violating Facilities on the date that this award was effective unless and until the EPA eliminates the name of such facility or facilities from such listings.

(c) Use its best efforts to comply with clean air standards and clean water standards at the facility in which the award is being performed.

(d) Insert the substance of these terms and conditions into any nonexempt subaward or contract under the award.

(e) Report violations to NASA and to EPA.

(End of Term and Condition) 1800.913 Investigative Requirements

Prescription—This term and condition implements Executive Order 12829. The Grant Officer shall include this term and condition in all awards. The term and condition must be augmented to conform to the requirements of OMB Guidance M-05-24 “Implementation of Homeland Security Presidential Directive (HSPD) 12—Policy for a Common Identification Standard for Federal Employees and Contractors” when a recipient will require routine access to a Federal-controlled facility and/or information system.

Investigative Requirements

(a) NASA reserves the right to perform security checks and to deny or restrict access to a NASA Center, facility, or computer system, or to NASA technical information, as NASA deems appropriate. To the extent the recipient needs such access for performance of the work, the recipient shall ensure that individuals needing such access provide the personal background and biographical information requested by NASA. Individuals failing to provide the requested information may be denied such access.

(b) All requests to visit a NASA Center or facility must be submitted in a timely manner in accordance with instructions provided by that Center or facility.

(End of Term and Condition) 1800.914 Travel and Transportation

Prescription—This term and condition implements The Fly American Act, 49 U.S.C. 1517 and the Department of Transportation regulations on hazardous materials. The Grant Officer will include this term and condition in all awards.

Travel and Transportation

(a) The Fly American Act, 49 U.S.C. 1517, requires the recipient to use U.S. flag air carriers for international air transportation of personnel and property to the extent that service by those carriers is available.

(b) Department of Transportation regulations, 49 CFR 173, govern recipient shipment of hazardous materials and other items.

(End of Term and Condition) 1800.915 Safety

Prescription—This term and condition implements NPR 8715.3C or its successor requirements document. The Grant Officer will include this term and condition in all awards.

Safety

(a) The recipient shall act responsibly in matters of safety and shall take all reasonable safety measures in performing under this award. The recipient shall comply with all applicable Federal, state, and local laws relating to safety. The recipient shall maintain a record of, and will notify the NASA Grant Officer immediately (within one workday) of any accident involving death, disabling injury or substantial loss of property in performing this award. The recipient will immediately (within one workday) advise NASA of hazards that come to its attention as a result of the work performed.

(b) Where the work under this award involves flight hardware, the hazardous aspects, if any, of such hardware will be identified, in writing, by the recipient. Compliance with this term and condition by subawardees/subcontractors shall be the responsibility of the recipient.

(End of Term and Condition) 1800.916 Buy American Encouragement

Prescription—This term and condition implements section 319 of Public Law 106-391, the NASA Authorization Act. The Grant Officer will include this term and condition in all awards, except awards with foreign recipients.

Buy American Encouragement

As stated in Section 319 of Public Law 106-391, the NASA Authorization Act as amended recipients are encouraged to purchase only American-made equipment and products.

(End of Term and Condition) 1800.917 Investigation of Research Misconduct

Prescription—This term and condition implements § 200.336, The Grant Officer shall include this term and condition in all awards.

Investigation of Research Misconduct

Recipients of this award are subject to the requirements of 14 CFR 1275, “Investigation of Research Misconduct.”

(End of Term and Condition) 1800.918 Allocation of Risk/Liability

Prescription—The Grant Officer shall include this term and condition in all awards.

Allocation of Risk/Liability

(a) With respect to activities undertaken under this award, the recipient agrees not to make any claim against NASA or the U.S. Government with respect to the injury or death of its employees or its subawardees/contractors and subaward/subcontractor employees, or to the loss of its property or that of its subawardeees/contractors and subawardees/subcontractors, whether such injury, death, damage or loss arises through negligence or otherwise, except in the case of willful misconduct.

(b) In addition, as applicable, the recipient agrees to indemnify and hold the U.S. Government and its contractors and subcontractors harmless from any third party claim, judgment, or cost arising from the injury to or death of any person, or for damage to or loss of any property, arising as a result of its possession or use of any U.S. Government property. If State law prohibits the recipient from accepting indemnification, then the recipient shall ensure this term and condition applies to all subrecipients, subawardees, contractors or subcontractors under this award.

(End of Term and Condition) 1800.919 Cooperative Agreement

Prescription—The Grant Officer shall include this term and condition in all cooperative agreement awards.

Cooperative Agreement

(a) This award is a cooperative agreement and it is anticipated there will be substantial NASA involvement during performance of the effort. NASA and the recipient mutually agree to the following statement of anticipated cooperative interactions which may occur during the performance of this effort—

(Reference the approved proposal that contains a detailed description of the work and insert a concise statement of the exact nature of the cooperative interactions NASA and the recipient will provide.)

(b) The terms “award” and “recipient” mean “cooperative agreement” and “recipient of cooperative agreement,” respectively, wherever the language appears in terms and conditions included in this agreement.

(c) NASA's ability to participate and perform its collaborative effort under this cooperative agreement is subject to the availability of appropriated funds and nothing in this cooperative agreement commits the United States Congress to appropriate funds therefore.

(End of Term and Condition) 1800.920 Multiple Year Award

Prescription—The Grant Officer shall include this term and condition in multi-year awards. This term and condition does not have to be included in awards with commercial firms. If included, minor modifications to the term and condition, such as the time frame for cost extensions, are permissible.

Multiple Year Award

This is a multiple-year award contingent on the availability of funds, scientific progress of the project, and continued relevance to NASA programs. NASA anticipates continuing support at approximately the following levels—

Second year $ __, Anticipated funding date __. Third year $ __, Anticipated funding date __. (Periods may be added or omitted, as applicable) End of Term and Condition) 1800.921 Incremental Funding

Prescription—The Grant Officer shall include this term and condition when incremental funding is used, changes as needed are permissible.

Incremental Funding

(a) Only $XXX of the amount indicated on the face of this award is available for payment and allotted to this award. NASA contemplates making additional allotments of funds during performance of this effort. It is anticipated that these funds will be obligated as appropriated funds become available without any action required by the recipient. The recipient will be given written notification by the NASA Grant Officer.

(b) The recipient agrees to perform work up to the point at which the total amount paid or payable by the Government approximates but does not exceed the total amount actually allotted to this award. NASA is not obligated to reimburse the recipient for the expenditure of amounts in excess of the total funds allotted by NASA to this grant or cooperative agreement. The recipient is not authorized to continue performance beyond the amount allotted to this award.

Special Note—Balance is contingent on availability of funds. The remaining balance to fully fund this year is $XXX.

(End of Term and Condition) 1800.922 Cost Sharing

Prescription—The Grant Officer shall include this term and condition when an award involves cost sharing, changes as need are permissible.

Cost Sharing

(a) NASA and the recipient will share in providing the resources necessary to perform the award. NASA funding and non-cash contributions (personnel, equipment, facilities, etc.) and the dollar value of the recipient's cash and/or non-cash contribution will be on a __ percent recipient basis.

(b) The funding and non-cash contributions by both parties are represented by the following dollar amounts—

Government Share Recipient Share Total Amount

(c) Criteria and procedures for allowable and allocable costs of cash and non-cash contributions shall be governed by § 200.306, Cost Sharing or Matching. The applicable Federal cost principles are cited in 2 CFR 200 Subpart E.

(d) The Recipient's share shall not be charged to the Government under this award or under any other contract or award.

(End of Term and Condition) 1800.923 New Technology

Prescription— The Grant Officer shall include this term and condition in all grants with commercial firms other than those with small businesses. This term and condition is used in lieu of the term and condition at 2 CFR 1800.908, Patent Rights.

New Technology

(a) Definitions.

Administrator, as used in this term and condition, means the Administrator of the National Aeronautics and Space Administration (NASA) or duly authorized representative.

The term “award,” as used in this term and condition, means any actual or proposed grant, cooperative agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, subaward, or subcontract executed or entered into thereunder.

Made, as used in this term and condition, means conception or first actual reduction to practice; provided, that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of performance.

Nonprofit organization, as used in this term and condition, means a domestic university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any domestic nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

Practical application, as used in this term and condition, means to manufacture, in the case of a composition or product; to practice, in the case of a process or method; or to operate, in case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

Reportable item, as used in this term and condition, means any invention, discovery, improvement, or innovation of the awardee, whether or not patentable or otherwise protectable under Title 35 of the United States Code, made in the performance of any work under any NASA award or in the performance of any work that is reimbursable under any term and condition in any NASA award providing for reimbursement of costs incurred before the effective date of the award. Reportable items include, but are not limited to, new processes, machines, manufactures, and compositions of matter, and improvements to, or new applications of, existing processes, machines, manufactures, and compositions of matter. Reportable items also include new computer programs, and improvements to, or new applications of, existing computer programs, whether or not copyrightable or otherwise protectable under Title 17 of the United States Code.

Small business firm, as used in this term and condition, means a domestic small business concern as defined at 15 U.S.C. 632 and implementing regulations (see 13 CFR 121.401 et seq.) of the Administrator of the Small Business Administration.

Subject invention, as used in this term and condition, means any reportable item which is or may be patentable or otherwise protectable under Title 35 of the United States Code, or any novel variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).

(b) Allocation of principal rights.

(1) Presumption of title.

(i) Any reportable item that the Administrator considers to be a subject invention shall be presumed to have been made in the manner specified in paragraph (A) or (B) of section 20135(b)(1) of the National Aeronautics and Space Act of 1958 (51 U.S.C. 20135) (hereinafter called “the Act”), and that presumption shall be conclusive unless at the time of reporting the reportable item the recipient submits to the Grant Officer a written statement, containing supporting details, demonstrating that the reportable item was not made in the manner specified in paragraph (A) or (B) of section 20135(b)(1) of the Act.

(ii) Regardless of whether title to a given subject invention would otherwise be subject to an advance waiver or is the subject of a petition for waiver, the recipient may nevertheless file the statement described in paragraph (b)(1)(i) of this term and condition. The Administrator will review the information furnished by the recipient in any such statement and any other available information relating to the circumstances surrounding the making of the subject invention and will notify the recipient whether the Administrator has determined that the subject invention was made in the manner specified in paragraph (A) or (B) of section 20135(b)(1) of the Act.

(2) Property rights in subject inventions. Each subject invention for which the presumption of paragraph (b)(1)(i) of this term and condition is conclusive or for which there has been a determination that it was made in the manner specified in paragraph (A) or (B) of section 20135(b)(1) of the Act shall be the exclusive property of the United States as represented by NASA unless the Administrator waives all or any part of the rights of the United States, as provided in paragraph (b)(3) of this term and condition.

(3) Waiver of rights.

(i) Section 20135(g) of the Act provides for the promulgation of regulations by which the Administrator may waive the rights of the United States with respect to any invention or class of inventions made or that may be made under conditions specified in paragraph (A) or (B) of section 20135(b)(1) of the Act.

(ii) As provided in 14 CFR part 1245, subpart 1, recipients may petition, either prior to execution of the award or within 30 days after execution of the award, for advance waiver of rights to any or all of the inventions that may be made under an award. If such a petition is not submitted, or if after submission it is denied, the recipient (or an employee inventor of the recipient) may petition for waiver of rights to an identified subject invention within eight months of first disclosure of the invention in accordance with paragraph (e)(2) of this term and condition, or within such longer period as may be authorized in accordance with 14 CFR 1245.105.

(c) Minimum rights reserved by the Government.

(1) With respect to each subject invention for which a waiver of rights is applicable in accordance with 14 CFR part 1245, subpart 1, the Government reserves—

(i) An irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign government in accordance with any treaty or agreement with the United States; and

(ii) Such other rights as stated in 14 CFR 1245.107.

(2) Nothing contained in this paragraph (c) shall be considered to grant to the Government any rights with respect to any invention other than a subject invention.

(d) Minimum rights to the Recipient.

(1) The recipient is hereby granted a revocable, nonexclusive, royalty-free license in each patent application filed in any country on a subject invention and any resulting patent in which the Government acquires title, unless the recipient fails to disclose the subject invention within the times specified in paragraph (e)(2) of this term and condition. The recipient's license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the recipient is a party and includes the right to grant sublicenses of the same scope to the extent the recipient was legally obligated to do so at the time the award was issued. The license is transferable only with the approval of the Administrator except when transferred to the successor of that part of the recipient's business to which the invention pertains.

(2) The recipient's domestic license may be revoked or modified by the Administrator to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with 37 CFR part 404, Licensing of Government Owned Inventions. This license will not be revoked in that field of use or the geographical areas in which the recipient has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of the Administrator to the extent the recipient, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.

(3) Before revocation or modification of the license, the recipient will be provided a written notice of the Administrator's intention to revoke or modify the license, and the recipient will be allowed 30 days (or such other time as may be authorized by the Administrator for good cause shown by the recipient) after the notice to show cause why the license should not be revoked or modified. The recipient has the right to appeal to the Administrator any decision concerning the revocation or modification of its license.

(e) Invention identification, disclosures, and reports.

(1) The recipient shall establish and maintain active and effective procedures to assure that reportable items are promptly identified and disclosed to recipient personnel responsible for the administration of this New Technology term and condition within six months of conception and/or first actual reduction to practice, whichever occurs first in the performance of work under this award. These procedures shall include the maintenance of laboratory notebooks or equivalent records and other records as are reasonably necessary to document the conception and/or the first actual reduction to practice of the reportable items, and records that show that the procedures for identifying and disclosing reportable items are followed. Upon request, the recipient shall furnish the Grant Officer a description of such procedures for evaluation and for determination as to their effectiveness.

(2) The recipient will disclose each reportable item to the New Technology Representative, with notice to the Grant Officer, within two months after the inventor discloses it in writing to recipient personnel responsible for the administration of this New Technology term and condition or, if earlier, within six months after the recipient becomes aware that a reportable item has been made, but in any event for subject inventions before any on sale, public use, or publication of such invention known to the recipient. The disclosure to the agency shall be in the form of a written report and shall identify the award under which the reportable item was made and the inventor(s) or innovator(s). It shall be sufficiently complete in technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation, and physical, chemical, biological, or electrical characteristics of the reportable item. The disclosure shall also identify any publication, on sale, or public use of any subject invention and whether a manuscript describing such invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the recipient will promptly notify the agency of the acceptance of any manuscript describing a subject invention for publication or of any on sale or public use planned by the recipient for such invention.

(3) The recipient shall furnish the New Technology Representative, with notice to the Grants Officer, the following:

(i) Interim new technology summary reports every 12 months from the date of the award, listing reportable items during that period, and certifying that all reportable items have been disclosed (or that there are no such inventions) and that the procedures required by paragraph (e)(1) of this term and condition have been followed.

(ii) A final new technology summary report within 90 days after the end of the period of performance, listing all reportable items or certifying that there were no such reportable items, and listing all research subawardees/subcontractors at any tier containing a patent rights clause or certifying that there were no such subcontractors.

(4) The recipient agrees, upon written request of the Patent Representative, to furnish additional technical and other information available to the recipient as is necessary for the preparation of a patent application on a subject invention and for the prosecution of the patent application, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions.

(5) The recipient agrees, subject to 5(a) below, the Government may duplicate and disclose subject invention disclosures and all other reports and papers furnished or required to be furnished pursuant to this term and condition.

(a) Publishing information concerning an invention before a patent application is filed on a subject invention may create a bar to a valid patent. To avoid this bar, agencies may withhold information from the public that discloses any invention in which the Government owns or may own a right, title, or interest (including a nonexclusive license) (see 35 U.S.C. 205 and 37 CFR part 401). Agencies may only withhold information concerning inventions for a reasonable time in order for a patent application to be filed. Once filed in any patent office, agencies are not required to release copies of any document that is a part of a patent application for those subject inventions.

(f) Examination of records relating to inventions.

(1) The Grant Officer or any authorized representative shall, until 3 years after final payment under this award, have the right to examine any books (including laboratory notebooks), records, and documents of the recipient relating to the conception or first actual reduction to practice of inventions in the same field of technology as the work under this award to determine whether—

(i) Any such inventions are subject inventions;

(ii) The recipient has established and maintained the procedures required by paragraph (e)(1) of this term and condition; and

(iii) The recipient and its inventors have complied with the procedures.

(2) If the New Technology Representative or Patent Representative learns of an unreported recipient invention, the recipient may be required to disclose the invention to the agency for a determination of ownership rights.

(3) Any examination of records under this paragraph will be subject to appropriate conditions to protect the confidentiality of the information involved.

(h) Subawards/Subcontracts.

(1) Unless otherwise authorized or directed by the Grant Officer, the recipient shall—

(i) Include the clause at NASA FAR Supplement (NFS) 1852.227-70, New Technology, (suitably modified to identify the parties) in any subaward/subcontract hereunder (regardless of tier) with other than a small business firm or nonprofit organization for the performance of experimental, developmental, or research work; and

(ii) Include the FAR clause 52.227-11, as modified by the NASA FAR Supplement (NFS) 1852.227-11, “Patent Right-Retention by the Contractor (Short Form)” (suitably modified to identify the parties) in any subaward/subcontract hereunder (regardless of tier) with a small business firm or nonprofit organization for the performance of experimental, developmental, or research work.

(2) In the event of a refusal by a prospective subrecipient to accept such a clause the recipient—

(i) Shall promptly submit a written notice to the Grant Officer setting forth the subrecipient's reasons for such refusal and other pertinent information that may expedite disposition of the matter; and

(ii) Shall not proceed with such subaward/subcontract without the written authorization of the Grant Officer.

(3) The recipient shall promptly notify the Grant Officer in writing upon the award of any subaward/subcontract at any tier containing a patent rights clause by identifying the subrecipient, the applicable patent rights term and condition/clause, the work to be performed under the subrecipient and the dates of award and estimated completion. Upon request of the Grant Officer, the recipient shall furnish a copy of such subaward/subcontract, and, no more frequently than annually, a listing of the subawards/subcontracts that have been awarded.

(4) The subrecipient will retain all rights provided for the recipient in paragraph (h)(1)(i) or (ii) of this term and condition, whichever is included in the subaward/subcontracts, and the recipient will not, as part of the consideration for awarding the subaward/subcontract, obtain rights in the subrecipients's subject inventions.

(i) Preference for United States industry. Unless provided otherwise, no recipient that receives title to any subject invention and no assignee of any such recipient shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement may be waived by the Administrator upon a showing by the recipient or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

(End of Term and Condition) 1800.924 Designation of New Technology Representative and Patent Representative

Prescription—The Grant Officer shall include this term and condition all awards containing the term and condition “Patent Rights” at 1800.908 or the term and condition “New Technology” at 1800.923.

Designation of New Technology Representative and Patent Representative

(a) For purposes of administration of the term and condition entitled “New Technology,” or “Patent Rights” whichever is included, the following named representatives are hereby designated by the Grant Officer to administer such term and condition—

• New Technology Representative • Patent Representative

(b) Reports of reportable items, and disclosure of subject inventions, interim reports, final reports, utilization reports, and other reports required by the term and condition, as well as any correspondence with respect to such matters, should be directed to the New Technology Representative, with notification to the Grant Officer, unless transmitted in response to correspondence or request from the Patent Representative. Inquires or requests regarding disposition of rights, election of rights, or related matters should be directed to the Patent Representative. This term and condition shall be included in any subaward/subcontract hereunder requiring a “New Technology” term and condition or “Patent Rights—Retention by the Contractor (Short Form)” term and condition unless otherwise authorized or directed by the Grant Officer. The respective responsibilities and authorities of the above named representatives are set forth in the Grants and Cooperative Agreement Manual.

(End of Term and Condition) 1800.925 Equipment and Other Property Under Awards With Commercial Firms

Prescription—The Grant Officer shall include this term and condition in awards with commercial firms that have property.

Equipment and Other Property Under Awards With Commercial Firms

(a) This award permits acquisition of special purpose equipment required for the conduct of research. Acquisition of special purpose equipment costing in excess of $5,000 and not included in the approved proposal budget requires the prior approval of the Grant Officer unless the item is merely a different model of an item shown in the approved proposal budget.

(b) Recipients may not purchase, as a direct cost to the award, items of general purpose equipment, examples of which include but are not limited to office equipment and furnishings, air conditioning equipment, reproduction and printing equipment, motor vehicles, and automatic data processing equipment. If the recipient requests an exception, the recipient shall submit a written request for Grant Officer approval, prior to purchase by the recipient, stating why the recipient cannot charge the general purpose equipment to indirect costs.

(c) Under no circumstances shall award funds be used to acquire land or any interest therein, to acquire or construct facilities (as defined in 48 CFR (FAR) 45.301), or to procure passenger carrying vehicles.

(d) The Government shall have title to equipment and other personal property acquired with Government funds. Such property shall be disposed of pursuant to 48 CFR (FAR) 45.603.

(e) Title to Government furnished equipment (including equipment, title to which has been transferred to the Government prior to completion of the work) will remain with the Government.

(f) The recipient shall establish and maintain property management standards for Government property and otherwise manage such property as set forth in 48 CFR (FAR) 45.5 and 48 CFR (NFS) 1845.5.

(g) Recipients shall submit annually a NASA Form 1018, NASA Property in the Custody of Contractors, in accordance with the instructions on the form, the provisions of 48 CFR (NFS) 1845.71 and any supplemental instructions that may be issued by NASA for the current reporting period. The original NF 1018 shall be submitted to the Center Deputy Chief Financial Officer (Finance) with three copies sent concurrently to the Center Industrial Property Officer. The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 15. Negative reports (i.e. no reportable property) are required. The information contained in the reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 15. A final report is required within 30 days after the end of the period of performance.

(h) The requirements set forth in this term and condition supersedes award term and condition 1800.907, Equipment and Other Property.

(End of Term and Condition) 1800.926 Listing of reportable equipment and other property.

Prescription—The Grant Officer shall include this term and condition in awards with property.

Listing of Reportable Equipment and Other Property

(a) Title to Federally-owned property provided to the recipient remains vested in the Federal Government, and shall be managed in accordance with § 200.312. The following items of Federally-owned property are being provided to the recipient for use in performance of the work under this award—

List property or state “not applicable.

(b) The following specific items of equipment acquired by the recipient have been identified by NASA for transfer of title to the Government when no longer required for performance under this award. This equipment will be managed in accordance with 200.313, and shall be transferred to NASA or NASA's designee in accordance with the procedures set forth at 200.313(e)—

(List property or state “not applicable.”)

(End of Term and Condition) 1800.927 Invoices and Payments Under Awards With Commercial Firms

Prescription—The Grant Officer shall include this term and condition in all awards with commercial firms.

Invoices and Payments Under Awards With Commercial Firms

(a) Invoices for payment of actual incurred costs shall be submitted by the recipient no more frequently than on a_XX__basis.

(b) Invoices shall be submitted by the recipient to the following offices:

(1) The original invoice shall be sent directly to the payment office designated on the award cover page.

(2) Copies of the invoice shall be sent to the NASA Technical Officer and NASA Grant Officer.

(c) All invoices shall reference the award number.

(d) The final invoice shall be marked “Final” and shall be submitted within 90 days of the end date of the period of performance.

(e) The requirements set forth in this term and condition shall govern to the extent these requirements are inconsistent with the requirements in term and condition “Financial Management” at 1800.906.

(End of Term and Condition) 1800.928 Electronic Funds Transfer Payment Methods

Prescription—The Grant Officer shall include this term and condition in all awards with commercial firms.

Electronic Funds Transfer Payment Methods

(a) Payments under this award will be made by the Government by electronic funds transfer through the Treasury Fedline Payment System (FEDLINE) or the Automated Clearing House (ACH), at the option of the Government. After award, but no later than 14 days before an invoice is submitted, the recipient shall designate a financial institution for receipt of electronic funds transfer payments, and shall submit this designation to the Grant Officer or other Government official, as directed.

(b) For payment through FEDLINE, the recipient shall provide the following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

(2) The American Bankers Association 9-digit identifying number for wire transfers of the financing institution receiving payment if the institution has access to the Federal Reserve Communication System.

(3) Payee's account number at the financial institution where funds are to be transferred.

(4) If the financial institution does not have access to the Federal Reserve Communications System, name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains wire transfer activity. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.

(c) For payment through ACH, the recipient shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

(2) Number of account to which funds are to be deposited.

(3) Type of depositor account (“C” for checking, “S” for savings).

(4) If the recipient is a new enrollee to the ACH system, a “Payment Information Form,” SF 3881, must be completed before payment can be processed.

(d) In the event the recipient, during the performance of this award, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.

(e) The documents furnishing the information required in this term and condition must be dated and contain the signature, title, and telephone number of the recipient official authorized to provide it, as well as the recipient's name and award number.

(f) Failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

(g) The requirements set forth in this term and condition shall govern to the extent these requirements are inconsistent with the requirements in term and condition “Financial Management”.

(End of Term and Condition)
[FR Doc. 2015-21434 Filed 9-10-15; 8:45 am] BILLING CODE 7510-13-P
DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 3550 RIN 0575-AC88 Single Family Housing Direct Loan Program AGENCY:

Rural Housing Service, USDA.

ACTION:

Final rule; delay of effective date.

SUMMARY:

On April 29, 2015, the Rural Housing Service (RHS) published a final rule to create a certified loan application packaging process for the direct single family housing loan program. On June 5, 2015, the final rule's effective date was deferred to October 1, 2015. The final rule's effective date is further delayed until October 1, 2016.

DATES:

Effective Date: The effective date of the final rule published April 29, 2015 (80 FR 23673), effective July 28, 2015, and delayed on June 5, 2015 (80 FR 31971), is further delayed until October 1, 2016. RHS will publish in the Federal Register another document changing the effective date if and when appropriations mandates impacting Fiscal Year 2016 do not reference the packaging pilot program.

FOR FURTHER INFORMATION CONTACT:

Brooke Baumann, Branch Chief, Single Family Housing Direct Loan Division, USDA Rural Development, Stop 0783, 1400 Independence Avenue SW., Washington, DC 20250-0783, Telephone: 202-690-4250. Email: [email protected]

SUPPLEMENTARY INFORMATION:

Section 729 of the Consolidated and Further Continuing Appropriations Act, 2015 (Act) (Pub. L. 113-235) provides that the Agency will continue agreements with the current intermediaries in the pilot program and enter into additional agreements that increase the number of pilot intermediaries to at least 10. This appropriations mandate, which applies to the packaging pilot program in Fiscal Year 2015, prompted the Agency to defer the effective date of the final rule from July 28, 2015, to October 1, 2015, to allow the existing intermediaries under the pilot sufficient time to process loan application packages in their queue and to prepare for the implementation of the final rule.

Since Section 729 will remain in effect during any continuing resolution passed to continue program operations in Fiscal Year 2016 and given that similar mandatory language regarding the packaging pilot program is currently found in the Fiscal Year 2016 appropriations bills passed by the House and the Senate, the final rule to create a certified loan application packaging process will be deferred again. In an abundance of caution, the Agency takes this action to avoid the possibility of duplicative and inconsistent policies for this important certified loan application packaging process.

In the interim, existing pilot intermediaries will be contacted directly concerning extensions of their agreements. In addition, applications received from potential intermediaries under the final rule, which were due by July 9, 2015, will now be considered for inclusion in any Fiscal Year 2016 packaging pilot program.

Dated: August 31, 2015. Tony Hernandez, Administrator, Rural Housing Service.
[FR Doc. 2015-22785 Filed 9-10-15; 8:45 am] BILLING CODE 3410-XV-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA-2015-3678; Special Conditions No. 23-268-SC] Special Conditions: Korea Aerospace Industries, Ltd., Model K-100; Full Authority Digital Engine Control (FADEC) System AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Korea Aerospace Industries, Ltd., Model K-100 airplane. This airplane will have a novel or unusual design feature(s) associated with the use of an electronic engine control system instead of a traditional mechanical control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

The effective date of these special conditions is September 11, 2015.

We must receive your comments by October 26, 2015.

ADDRESSES:

Send comments identified by docket number FAA-2015-3678 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.

Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

Hand Delivery of Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://regulations.gov, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.

Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Jeff Pretz, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, ACE-111, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 329-3239, facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION:

The FAA has determined, in accordance with 5 U.S. Code §§ 553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior public comment hereon are unnecessary because the substance of this special condition has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance.

Special condition number Company/airplane model 23-237-SC Spectrum Aeronautical Model S-40. 23-246-SC Cirrus Design Corporation Model SF50. 23-253-SC Diamond Aircraft industries Model DA-40NG. Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments.

We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive.

Background

On December 21, 2009, Korea Aerospace Industries, Ltd., applied for a type certificate for their new Model KC-100 airplane. The KC-100 is a normal category single engine four passenger composite low wing airplane with a maximum takeoff weight of 3600 pounds. It has fixed tricycle landing gear and is designed for both Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) operations.

The KC-100 will use an electronic engine control system (FADEC) instead of a traditional mechanical control system. The engine control system will be certificated as part of the engine; however, the installation of an engine with an electronic control system requires evaluation due to critical environmental effects and possible effects on or by other airplane electronic systems, shared engine and airplane data and power sources.

The regulatory requirements in 14 CFR part 23 for evaluating the installation of complex systems, including electronic systems and critical environmental effects, are contained in § 23.1309. When § 23.1309 was developed, the use of electronic control systems for engines was not envisioned. Therefore, § 23.1309 requirements were not applicable to systems certificated as part of the engine (reference § 23.1309(f)(1)). Parts of the system that are not certificated with the engine could be evaluated using the criteria of § 23.1309. However, the integral nature of these systems makes it unfeasible to evaluate the airplane portion of the system without including the engine portion of the system. In some cases, the airplane that the engine is used in will require a higher classification than the engine controls are certificated for; requiring the FADEC system to be analyzed at a higher classification. As of November 2005, FADEC special conditions mandated the classification for § 23.1309 analyses for loss of FADEC control as catastrophic for any airplane using a FADEC. This is not to imply an engine failure is classified as catastrophic, but that the digital engine control must provide an equivalent reliability to mechanical engine controls.

Type Certification Basis

Under the provisions of 14 CFR 21.17, Korea Aerospace Industries, Ltd., must show that the KC-100 meets the applicable provisions of part 23, as amended by amendment 23-1 through 23-59, thereto.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 23) do not contain adequate or appropriate safety standards for the KC-100 because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

In addition to the applicable airworthiness regulations and special conditions, the KC-100 must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. The FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92-574, the Noise Control Act of 1972.

The FAA issues special conditions, as defined in § 11.19, under § 11.38 and they become part of the type certification basis under § 21.17(a)(2).

Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101(a)(1).

Novel or Unusual Design Features

The KC-100 will incorporate the following novel or unusual design features: an electronic engine control.

Discussion

The Model KC-100 makes use of an electronic engine control system instead of a traditional mechanical control system, which is considered a novel design for this type of airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. Maintaining a structured assessment to determine potential installation issues mitigates the concern that the addition of a full authority engine controller does not produce a failure condition not previously considered.

Applicability

The special conditions are applicable to the KC-100. Should Korea Aerospace Industries, Ltd., apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would also apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features on the KC-100. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, notice and opportunity for prior public comment hereon are unnecessary and the FAA finds good cause, in accordance with 5 U.S. Code §§ 553(b)(3)(B) and 553(d)(3), making these special conditions effective upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 23

Aircraft, Aviation safety, Signs and symbols.

Citation

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Korea Aerospace Industries, Ltd., Model KC-100 airplanes.

1. Electronic Engine Control

a. For electronic engine control system installations, it must be established that no single failure or malfunction or probable combinations of failures of Electronic Engine Control (EEC) system components will have an effect on the system, as installed in the airplane, that causes the Loss of Thrust Control (LOTC)/Loss of Power Control (LOPC) probability of the system to exceed those allowed in part 33 certification.

b. EEC system installations must be evaluated for environmental and atmospheric conditions, including lightning. The EEC system lightning and high intensity radiated frequency effects that result during an LOTC/LOPC should be considered catastrophic.

c. The components of the installation must be constructed, arranged, and installed so as to ensure their continued safe operation between normal inspections or overhauls.

d. Functions incorporated into any EEC that make it part of any equipment, system or installation having functions beyond that of basic engine control, and may also introduce system failures and malfunctions, are not exempt from § 23.1309 and must be shown to meet part 23 levels of safety as derived from § 23.1309. Part 33 certification data, if applicable, may be used to show compliance with any part 23 requirements. If part 33 data is to be used to substantiate compliance with part 23 requirements, then the part 23 applicant must be able to provide this data for their showing of compliance.

Note:

The term “probable” in the context of “probable combination of failures” does not have the same meaning as in AC 23.13091D. The term “probable” in “probable combination of failures” means “foreseeable,” or not “extremely improbable,” as referenced in AC 23.1309-1D.

Issued in Kansas City, Missouri on August 28, 2015. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-22872 Filed 9-10-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA-415F] Schedules of Controlled Substances: Removal of [123I]Ioflupane From Schedule II of the Controlled Substances Act AGENCY:

Drug Enforcement Administration, Department of Justice.

ACTION:

Final rule.

SUMMARY:

With the issuance of this final rule, the Administrator of the Drug Enforcement Administration removes [123I]ioflupane from the schedules of the Controlled Substances Act. This action is pursuant to the Controlled Substances Act which requires that such actions be made on the record after an opportunity for a hearing through formal rulemaking. Prior to the effective date of this rule, [123I]ioflupane was, by definition, a schedule II controlled substance because it is derived from cocaine via ecgonine, both of which are schedule II controlled substances. This action removes the regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances, including those specific to schedule II controlled substances, on persons who handle (manufacture, distribute, reverse distribute, dispense, conduct research, import, export, or conduct chemical analysis) or propose to handle [123I]ioflupane.

DATES:

Effective Date: September 11, 2015.

FOR FURTHER INFORMATION CONTACT:

John R. Scherbenske, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.

SUPPLEMENTARY INFORMATION: Legal Authority

The Drug Enforcement Administration (DEA) implements and enforces titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. 21 U.S.C. 801-971. Titles II and III are referred to as the “Controlled Substances Act” and the “Controlled Substances Import and Export Act,” respectively, and are collectively referred to as the “Controlled Substances Act” or the “CSA” for the purpose of this action. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while ensuring an adequate supply is available for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety.

Under the CSA, each controlled substance is classified into one of five schedules based upon its potential for abuse, its currently accepted medical use in treatment in the United States, and the degree of dependence the substance may cause. 21 U.S.C. 812. The initial schedules of controlled substances established by Congress are found at 21 U.S.C. 812(c), and the current list of scheduled substances is published at 21 CFR part 1308.

Pursuant to 21 U.S.C. 811(a)(2), the Attorney General may, by rule, “remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.” The Attorney General has delegated scheduling authority under 21 U.S.C. 811 to the Administrator of the DEA, 28 CFR 0.100.

The CSA provides that proceedings for the issuance, amendment, or repeal of the scheduling of any drug or other substance may be initiated by the Attorney General (1) on her own motion, (2) at the request of the Secretary of the Department of Health and Human Services (HHS),1 or (3) on the petition of any interested party. 21 U.S.C. 811(a). This action was initiated at the request of the Assistant Secretary for Health of the HHS, and is supported by, inter alia, a recommendation from the Assistant Secretary of the HHS and an evaluation of all relevant data by the DEA. This action removes the regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances, including those specific to schedule II controlled substances, on persons who handle or propose to handle [123I]ioflupane.

1 As discussed in a memorandum of understanding entered into by the Food and Drug Administration (FDA) and the National Institute on Drug Abuse (NIDA), the FDA acts as the lead agency within the HHS in carrying out the Secretary's scheduling responsibilities under the CSA, with the concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. The Secretary of the HHS has delegated to the Assistant Secretary for Health of the HHS the authority to make domestic drug scheduling recommendations. 58 FR 35460, July 1, 1993.

Background

[123I]Ioflupane is, by definition, a schedule II controlled substance because it is derived from cocaine, a schedule II substance, via ecgonine (a schedule II substance). See 21 U.S.C. 812(c), Schedule II, (a)(4). [123I]Ioflupane is the active pharmaceutical ingredient (API) in the drug product DaTscan and it is a new molecular entity. The Food and Drug Administration (FDA) approved the New Drug Application (NDA) for DaTscan on January 14, 2011, for the indication of visualizing striatal DATs in the brains of adult patients with suspected Parkinsonian syndromes (PS).

DEA and HHS Eight Factor Analyses

Pursuant to 21 U.S.C. 811(b), (c), and (f), the HHS recommended to the DEA on November 2, 2010, that FDA-approved products containing [123I]ioflupane be removed from schedule II of the CSA. The HHS provided to DEA a scientific and medical evaluation document entitled “Basis for the Recommendation to Remove FDA Approved Products Containing [123I]Ioflupane from Schedule II of the Controlled Substances Act (CSA).” Pursuant to 21 U.S.C. 811(b), this document contained an eight-factor analysis of FDA-approved products containing [123I]ioflupane, along with the HHS's recommendation to remove FDA-approved products containing [123I]ioflupane from the schedules of the CSA. The HHS later clarified to DEA that its November 2, 2010, recommendation also supports the decontrol of the substance [123I]ioflupane.2

2 Letter from Karen B. DeSalvo, Acting Assistant Secretary for Health, HHS to John J. Riley, Acting Deputy Administrator, DEA (Aug. 19, 2015).

In response, the DEA reviewed the scientific and medical evaluation and scheduling recommendation provided by the HHS, and all other relevant data. The DEA and HHS collaborated further regarding the available information. In a letter dated February 2, 2015, the HHS provided detailed responses to specific inquiries from the DEA (submitted by letter dated September 16, 2014). Upon further review of all of the available information, the DEA completed its own eight-factor review document on FDA-approved diagnostic products containing [123I]ioflupane (currently, only DaTscan) pursuant to 21 U.S.C. 811(c).

The FDA-approved diagnostic product, DaTscan, was used as the basis for the scientific and medical evaluation of FDA-approved products containing [123I]ioflupane for both the HHS and DEA eight-factor analysis. Both the DEA and HHS analyses and other relevant documents are available in their entirety in the public docket of this rule (Docket Number DEA-415F) at http://www.regulations.gov under “Supporting and Related Material.”

Determination To Decontrol [123I]ioflupane

After a review of the available data, including the scientific and medical evaluation and recommendation, the Administrator of the DEA published in the Federal Register a notice of proposed rulemaking (NPRM) entitled “Schedules of Controlled Substances: Removal of [123I]Ioflupane from Schedule II of the Controlled Substances Act” which proposed removal of [123I]ioflupane from the schedules of the CSA. 80 FR 31521, June 3, 2015. The proposed rule provided an opportunity for interested persons to file a request for a hearing in accordance with DEA regulations by July 6, 2015.

No requests for such a hearing were received by the DEA. The NPRM also provided an opportunity for interested persons to submit written comments on the proposal on or before July 6, 2015.

Comments Received

The DEA received nine comments on the proposed rule to decontrol [123I]ioflupane. All commenters supported the decontrol of [123I]ioflupane.

Commenters in support of decontrolling [123I]ioflupane included an international medical society for neurology; an association of industry members that manufacture radiopharmaceuticals; a professional organization representing radiologists, radiation oncologists, interventional radiologists, nuclear medicine physicians, and medical physicists; an advocacy group for the Parkinson's community; a trade association representing medical imaging, radiotherapy and radiopharmaceutical manufacturers; the sponsor of the drug product containing [123I]ioflupane; a physician; a health services company; and a private citizen, all of whom expressed support for the DEA's proposal to decontrol [123I]ioflupane. Some commenters also stated that the proposal would improve patient access to an important diagnostic pharmaceutical and reduce the burden on providers and nuclear pharmacies.

The DEA appreciates the comments in support of this rulemaking.

Effective Date of the Rule

Generally, DEA scheduling actions are effective 30 days from the date of publication of the final rule in the Federal Register. 21 CFR 1308.45; see also 5 U.S.C. 553(d). In this instance, and in accordance with 21 CFR 1308.45, the DEA finds that the conditions of public health or safety necessitate an earlier effective date, i.e., the date of publication in the Federal Register. An earlier effective date would allow specialized members of the healthcare community to readily utilize this substance as a component of an important diagnostic tool, DaTscan. DaTscan, which contains [123I]ioflupane, is used in differentiating essential tremors from tremors due to PS, (idiopathic Parkinson's disease, multiple system atrophy, and progressive supranuclear palsy), and can help healthcare professionals provide more accurate diagnoses. This earlier effective date will allow patients to receive, without delay, important diagnostic testing that is critical to their health and treatment. These findings, coupled with the fact that this is an action for decontrol, indicate that conditions of public health necessitate an immediate effective date upon publication in the Federal Register.

The DEA also notes that its decision to make this rule effective upon publication aligns with the exceptions to the 30-day effective date requirement of the Administrative Procedure Act (APA). One of the APA's exceptions to the 30-day effective date is for a substantive rule granting or recognizing an exemption or which relieves a restriction. 5 U.S.C. 553(d)(3).

Scheduling Conclusion

Based on consideration of all comments, the scientific and medical evaluation and accompanying recommendation and clarification from the HHS, and based on the DEA's consideration of its own eight-factor analysis, the Administrator finds that these facts and all relevant data demonstrate that [123I]ioflupane does not meet the requirements for inclusion in any schedule, and will be removed from control under the CSA.

Regulatory Analyses Executive Orders 12866 and 15363

In accordance with 21 U.S.C. 811(a), this scheduling action is subject to formal rulemaking procedures done “on the record after opportunity for a hearing,” which are conducted pursuant to the provisions of 5 U.S.C. 556 and 557. The CSA sets forth the criteria for scheduling a drug or other substance. Such actions are exempt from review by the Office of Management and Budget (OMB) pursuant to section 3(d)(1) of Executive Order 12866 and the principles reaffirmed in Executive Order 13563.

Executive Order 12988

This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.

Executive Order 13132

This rulemaking does not have federalism implications warranting the application of Executive Order 13132. The rule does not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government.

Executive Order 13175

This rule does not have tribal implications warranting the application of Executive Order 13175. This rule does not have substantial direct effects 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.

Regulatory Flexibility Act

The Administrator, in accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612) (RFA), has reviewed this rule and by approving it certifies that it will not have a significant economic impact on a substantial number of small entities. The purpose of this rule is to remove [123I]ioflupane from the list of schedules of the CSA. This action removes regulatory controls and administrative, civil, and criminal sanctions applicable to controlled substances for handlers and proposed handlers of [123I]ioflupane. Accordingly, it has the potential for some economic impact in the form of cost savings.

This rule will affect all persons who handle, or propose to handle, [123I]ioflupane. Due to the wide variety of unidentifiable and unquantifiable variables that potentially could influence the distribution and administration rates of radiopharmaceutical substances, the DEA is unable to determine the number of entities and small entities which might handle [123I]ioflupane. In other instances where a controlled pharmaceutical drug is removed from the schedules of the CSA, the DEA is able to quantify the estimated number of affected entities and small entities because the handling of the drug is expected to be limited to DEA registrants even after removal from the schedules. In such instances, the DEA's knowledge of its registrant population forms the basis for estimating the number of affected entities and small entities. However, [123I]ioflupane is expected to be handled by persons who hold DEA registrations regardless of whether this rule is promulgated (e.g., hospital radiopharmacies) and by persons who are not currently registered with the DEA to handle controlled substances (e.g., diagnostic clinics and imaging centers that do not routinely handle controlled substances). The DEA does not have a reliable basis to estimate the number of non-registrants who plan to handle [123I]ioflupane.

Although the DEA does not have a reliable basis to estimate the number of affected entities and quantify the economic impact of this final rule, a qualitative analysis indicates that this rule is likely to result in some cost savings for the healthcare industry. The affected entities will continue to meet existing Federal and/or state requirements applicable to those who handle radiopharmaceutical substances, including licensure, security, recordkeeping, and reporting requirements, which in many cases are more stringent than the DEA's requirements. However, the DEA believes cost savings will be realized from the removal of the administrative, civil, and criminal sanctions for those entities handling or proposing to handle [123I]ioflupane, in the form of saved DEA registration fees, and the elimination of additional physical security, recordkeeping, and reporting requirements.

Because of these facts, this rule will not result in a significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

The DEA has determined and certifies pursuant to the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1501 et seq., that this action would not result in any federal mandate that may result “in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted for inflation) in any one year . . . .” Therefore, neither a Small Government Agency Plan nor any other action is required under provisions of UMRA.

Paperwork Reduction Act

This action does not impose a new collection of information requirement under the Paperwork Reduction Act, 44 U.S.C. 3501-3521. This action would not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. 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.

Congressional Review Act

This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act (CRA)). This rule will not result in: An annual effect on the economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. However, pursuant to the CRA, the DEA has submitted a copy of this final rule to both Houses of Congress and to the Comptroller General.

List of Subjects in 21 CFR Part 1308

Administrative practice and procedure, Drug traffic control, Reporting and Recordkeeping Requirements.

For the reasons set out above, 21 CFR part 1308 is amended to read as follows:

PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1. The authority citation for 21 CFR part 1308 continues to read as follows: Authority:

21 U.S.C. 811, 812, 871(b), unless otherwise noted.

2. In § 1308.12, revise paragraph (b)(4) to read as follows:
§ 1308.12 Schedule II.

(b) * * *

(4) Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves (including cocaine (9041) and ecgonine (9180) and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include:

(i) Decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or

(ii) [123I]ioflupane.

Dated: September 4, 2015. Chuck Rosenberg, Acting Administrator.
[FR Doc. 2015-22919 Filed 9-10-15; 8:45 am] BILLING CODE 4410-09-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket No. USCG-2015-0512] RIN 1625-AA00 Safety Zone; Mad Dog Truss Spar, Green Canyon 782, Outer Continental Shelf on the Gulf of Mexico AGENCY:

Coast Guard, DHS.

ACTION:

Interim rule and request for comments.

SUMMARY:

The Coast Guard published in the Federal Register on July 29, 2005, a final rule establishing a safety zone around the Mad Dog Truss Spar. The coordinates for the location of the Mad Dog Truss Spar were published incorrectly as 27°11′18″ N., 91°05′12″ W. This interim rule corrects the coordinates to reflect the actual location of the Mad Dog Truss Spar as 27°11′18.124″ N., 90°16′7.363″ W., therefore correctly publishing the area covered by the safety zone around the Mad Dog Truss Spar system, located in Green Canyon Block 782 on the Outer Continental Shelf (OCS) in the Gulf of Mexico.

DATES:

This interim rule is effective September 11, 2015. Comments and related material must be received by the Coast Guard on or before October 13, 2015.

ADDRESSES:

You may submit comments identified by docket number USCG-2015-0512 using any one of the following methods:

(1) Federal eRulemaking Portal: http://www.regulations.gov.

(2) Fax: 202-493-2251.

(3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329.

See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these four methods.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this interim rule, call or email Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2138, [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security EEZ Exclusive Economic Zone FR Federal Register IMO International Maritime Organization OCS Outer Continental Shelf USCG United States Coast Guard A. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

1. Submitting Comments

If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, 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 Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission.

To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0512] in the “SEARCH” box and click “SEARCH.” Click on “Submit a Comment” on the line associated with this rulemaking.

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 may change the rule based on your comments.

2. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0512) 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.

3. Privacy Act

Anyone can search the electronic form of comments received into any of our 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 notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316).

4. Public Meeting

We do not now plan to hold a public meeting. But you may submit a request for one by using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

The Coast Guard published in the Federal Register of July 29, 2005, a final rule establishing a safety zone around the Mad Dog Truss Spar facility located on the OCS, under 33 CFR 147.839 (see 70 FR 43768). However, that final rule published with the wrong latitude and longitude for the facility location. The July 29, 2005 final rule incorrectly published the location as 27°11′18″ N., 91°05′12″ W. Through this interim rule and request for comments, the Coast Guard is correcting the location as published in the Code of Federal Regulations. This interim rule establishes the safety zone around the corrected location and provides the opportunity for public comment but does so without prior notice 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 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 providing prior notice with respect to this rule. Delaying this correction to the location of the Mad Dog OCS safety zone would also delay necessary chart corrections. Additionally, it is impracticable and unnecessary to delay establishing and publishing the correct location to provide prior notice because the safety zone around the Mad Dog facility is known to those operating in the area and omitting the notice requirement will not result in a negative impact. Providing the opportunity to comment will allow for input on addressing such a correction while the correction is established but before it is made final.

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

C. Basis and Purpose

Under the authority provided in 14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1. Title 33, CFR part 147 permits the establishment of safety zones for facilities located on the OCS for the purpose of protecting life, property and the marine environment. The purpose of this interim rule is to correct the coordinates, reflecting the actual location of the Mad Dog Truss Spar facility at 27°11′18.124″ N., 90°16′7.363″ W. By correcting the location, this interim rule also reflects the correct area covered by the safety zone in place around the Mad Dog Truss Spar. The purpose of the safety zone around the Mad Dog Truss Spar is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Safety zones established around such facilities significantly reduce the threat of allisions, collisions, security breaches, oil spills, releases of natural gas, and thereby protect the safety of life, property, and the environment.

For the purpose of safety zones established under 33 CFR part 147, the deepwater area is considered to be waters of 304.8 meters (1,000 feet) or greater depth extending to the limits of the Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the United States and extending to a distance up to 200 nautical miles from the baseline from which the breadth of the sea is measured. Navigation in the vicinity of the safety zone consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and the occasional recreational vessel. The deepwater area also includes an extensive system of fairways.

D. Discussion of Interim Rule

On July 29, 2005, the Coast Guard established a safety zone under 33 CFR 147.839, around the Mad Dog Truss Spar facility through a final rule publishing an incorrect location for the facility as 27°11′18″ N., 91°05′12″ W. This interim rule corrects the coordinates in the CFR to reflect the actual location of 27°11′18.124″ N., 90°16′7.363″ W., while also requesting comments before being made final. The original OCS safety zone and this interim rule correcting the location are established to address safety concerns for both the personnel aboard the facility and the environment. It is highly likely that any allision with the facility would result in a catastrophic event. In evaluating the need for a safety zone, the Coast Guard explored relevant safety factors and considered several criteria, including but not limited to, (1) the level of shipping activity around the facility, (2) safety concerns for personnel aboard the facility, (3) concerns for the environment, (4) the likeliness that an allision would result in a catastrophic event based on proximity to shipping fairways, offloading operations, production levels, and size of the crew, (5) the volume of traffic in the vicinity of the area, (6) the types of vessels navigating in the vicinity of the area, and (7) the structural configuration of the facility.

Results from a thorough and comprehensive examination of the criteria, International Maritime Organization (IMO) guidelines, and existing regulations warranted establishment of the original safety zone and support this correction establishing the corrected location for the safety zone extending 500 meters (1640.4 feet) around the facility. This safety zone will reduce significantly the threat of allisions, oil spills, and releases of natural gas and increase the safety of life, property, and the environment in the Gulf of Mexico by prohibiting entry into the zone unless specifically authorized by the Commander, Eighth Coast Guard District or a designated representative.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

This interim 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.

This rule is not a significant regulatory action due to the location of the Mad Dog Truss Spar—on the Outer Continental Shelf—and its distance from both land and safety fairways. Vessels traversing waters near the interim safety zone will be able to safely travel around the zone using alternate routes. Exceptions to this interim rule include vessels measuring less than 100 feet in length overall and not engaged in towing. Deviation to transit through the interim safety zone may be requested. Such requests will be considered on a case-by-case basis and may be authorized by the Commander, Eighth Coast Guard District or a designated representative.

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 interim rule will not have a significant economic impact on a substantial number of small entities.

This interim rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor within the area extending 500 meters (1640.4 feet) from the outermost edges of the Mad Dog Truss Spar located in Green Canyon 782 on the OCS.

This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: Vessel traffic can pass safely around the safety zone using alternate routes. Based on the limited scope of the safety zone, any delay resulting from using an alternate route is expected to be minimal depending on vessel traffic and speed in the area. Deviation to transit through the interim safety zone may be requested. Such requests will be considered on a case-by-case basis and may be authorized by the Commander, Eighth Coast Guard District or a designated representative.

If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

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 interim 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 submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. The Coast Guard will not retaliate against small entities that question or complain about this interim rule or any policy or action of the Coast Guard.

4. Collection of Information

This interim rule would call for no 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 interim rule under that Order and have determined that it 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 interim rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

This interim rule would 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 interim 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 interim rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

11. Indian Tribal Governments

This interim rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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

We have analyzed this interim rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

We have analyzed this interim 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 made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This interim rule involves the establishment of a safety zone around an OCS facility to protect life, property and the marine environment. This interim rule is categorical excluded from further review, under figure 2-1, paragraph (34)(g), of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and the 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 interim rule.

List of Subjects in 33 CFR Part 147

Continental shelf, Marine safety, Navigation (water).

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows:

PART 147—SAFETY ZONES 1. The authority citation for part 147 continues to read as follows: Authority:

14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1.

2. Revise § 147.865 to read as follows:
§ 147.839 Mad Dog Truss Spar Platform safety zone.

(a) Description. The Mad Dog Truss Spar system is in the deepwater area of the Gulf of Mexico at Green Canyon 782. The facility is located at 27°11′18.124″ N., 90°16′7.363″ W. and the area within 500 meters (1640.4 feet) from each point on the facility structure's outer edge is a safety zone.

(b) Regulation. No vessel may enter or remain in this safety zone except the following:

(1) An attending vessel;

(2) A vessel under 100 feet in length overall not engaged in towing; or

(3) A vessel authorized by the Commander, Eighth Coast Guard District.

Dated: August 3, 2015. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-22579 Filed 9-10-15; 8:45 am] BILLING CODE 9110-15-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0797] Safety Zones; Fireworks Events in Captain of the Port New York Zone AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP).

DATES:

The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this notice, call or email MST1 Daniel Vazquez, Coast Guard; telephone 718-354-4197, email [email protected]

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the safety zones listed in 33 CFR 165.160 on the specified dates and times as indicated in Table 1 below. This regulation was published in the Federal Register on November 9, 2011 (76 FR 69614).

Table 1 1. Association of Indians in America, Seaport, East River Safety Zone, 33 CFR 165.160(4.4) • Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan. A barge located in approximate position 40°42′12.5″ N. 074°00′02″ W. (NAD 1983), approximately 200 yards east of Pier 16. This Safety Zone is a 180-yard radius from the barge.
  • • Date: October 04, 2015.
  • • Time: 06:50 p.m.-08:10 p.m.
  • 2. Gail and Rice, Corlears, East River Safety Zone, 33 CFR 165.160(4.3) • Launch site: A barge located in approximate position 40°42′24″ N. 073°58′35″ W. (NAD 1983), approximately 570 yards South of Williamsburg Bridge, 250 yards West of Railroad Avenue, Corlears Hook, New York. This Safety Zone is a 500-yard radius from the barge.
  • • Date: September 21, 2015.
  • • Time: 06:55 p.m.-09:00 p.m.
  • Under the provisions of 33 CFR 165.160, vessels may not enter the safety zones unless given permission from the COTP or a designated representative. Spectator vessels may transit outside the safety zones but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts.

    If the COTP determines that a safety zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone.

    Dated: August 27, 2015. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York.
    [FR Doc. 2015-22867 Filed 9-10-15; 8:45 am] BILLING CODE 9110-04-P
    POSTAL SERVICE 39 CFR Parts 961 and 966 Rules of Practice Before the Judicial Officer AGENCY:

    Postal Service.

    ACTION:

    Final rule.

    SUMMARY:

    This document contains the final revisions to the rules of practice before the Judicial Officer relative to debt collection against current and former employees. These revisions are necessary to implement an electronic filing system.

    DATES:

    Effective date: September 11, 2015.

    ADDRESSES:

    Written inquiries may be directed to: Postal Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.

    FOR FURTHER INFORMATION CONTACT:

    Associate Judicial Officer Gary E. Shapiro, (703) 812-1910.

    SUPPLEMENTARY INFORMATION:

    A. Background

    On July 1, 2015, the Judicial Officer Department published for comment proposed revisions to the rules of practice before the Judicial Officer relative to debt collection against current and former postal employees (39 CFR parts 961 and 966, respectively) to implement an electronic filing system (80 FR 37567-8). The period for comments closed on July 31, 2015, and no comments were received. The Judicial Officer has made no further revisions to the original proposed rules, which are now adopted as final.

    B. Parts Affected

    Part 961 of title 39, Code of Federal Regulations, contains the rules of practice in proceedings under section 5 of the Debt Collection Act of 1982, as amended, 5 U.S.C. 5514, in which the Judicial Officer or an assigned Hearing Official provides the final agency adjudication for debt collection assessments by administrative salary offset issued by the Postal Service seeking to collect a debt owed it by a current employee. This authority is delegated by the Postmaster General.

    Part 966 of title 39, Code of Federal Regulations, contains the rules of practice in proceedings relative to administrative offsets initiated against former employees of the Postal Service under section 10 of the Debt Collection Act of 1982, as amended, 31 U.S.C. 3716, in which the Judicial Officer provides the final agency adjudication for debt collection assessments by administrative offset issued by the Postal Service seeking to collect a debt owed it by a former employee. This authority is delegated by the Postmaster General.

    C. Explanation of Changes Amendments to 39 CFR Part 961

    In § 961.4, concerning filing a petition:

    • Paragraph (a) is amended to identify the internet address for the electronic filing system.

    • Paragraph (b) is amended to indicate that a sample petition is available through the electronic filing system.

    In § 961.6, concerning the filing, docketing, and serving of documents, paragraph (a) is amended to indicate when documents submitted by parties are considered received, and to indicate when service of documents on the opposing party is required for purposes of the electronic filing system.

    Amendments to 39 CFR Part 966

    In § 966.4, concerning filing a petition:

    • Paragraph (c) is amended to identify the internet address for the electronic filing system.

    • Paragraph (d) is amended to indicate that a sample petition is available through the electronic filing system.

    In § 966.6, concerning the filing, docketing, and serving of documents, paragraph (a) is amended to indicate when documents submitted by parties are considered received, and to indicate when service of documents on the opposing party is required for purposes of the electronic filing system.

    List of Subjects 39 CFR Part 961

    Claims, Government employees, Wages.

    39 CFR Part 966

    Administrative practice and procedure, Claims, Government employees, Wages.

    Accordingly, for the reasons stated, the Postal Service amends 39 CFR parts 961 and 966 as follows:

    PART 961—RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE DEBT COLLECTION ACT 1. The authority citation for 39 CFR part 961 continues to read as follows: Authority:

    39 U.S.C. 204, 401; 5 U.S.C. 5514.

    2. In § 961.4, revise the first sentence of paragraph (a), and add a sentence at the beginning of paragraph (b) introductory text to read as follows:
    § 961.4 Employee petition for a hearing.

    (a) If an employee desires a hearing, prescribed by section 5 of the Debt Collection Act, to challenge the Postal Service's determination of the existence or amount of a debt, or to challenge the involuntary repayment terms proposed by the Postal Service, the employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078, on or before the fifteenth (15th) calendar day following the receipt of the Postal Service's “Notice of Involuntary Administrative Salary Offsets Under the Debt Collection Act.” * * *

    (b) A sample petition is available through the Judicial Officer Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* * *

    3. In § 961.6, revise paragraph (a) to read as follows:
    § 961.6 Filing, docketing, and serving documents; computation of time; representation of parties.

    (a) Filing. After a petition is filed, all documents relating to the Debt Collection Act hearing proceedings must be filed using the electronic filing system unless the Hearing Official permits otherwise. Documents submitted using the electronic filing system are considered filed as of the date/time (Eastern Time) reflected in the system. Documents mailed to the Recorder are considered filed on the date mailed as evidenced by a United States Postal Service postmark. Filings by any other means are considered filed upon receipt by the Recorder of a complete copy of the filing during normal business hours (Normal Recorder office business hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both parties are participating via the electronic filing system, separate service upon the opposing party is not required. Otherwise, documents shall be served personally or by mail on the opposing party, noting on the document filed, or on the transmitting letter, that a copy has been so furnished.

    PART 966—RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE POSTAL SERVICE 4. The authority citation for 39 CFR part 966 continues to read as follows: Authority:

    31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601.

    5. In § 966.4, revise paragraph (c), and add a sentence at the beginning of paragraph (d) introductory text to read as follows:
    § 966.4 Petition for a hearing and supplement to petition.

    (c) Within thirty (30) calendar days after the date of receipt of the Accounting Service Center's decision upon reconsideration, after the expiration of sixty (60) calendar days after a request for reconsideration where a reconsideration determination is not made, or following an administrative offset taken without prior notice and opportunity for reconsideration pursuant to paragraph (b)(1) of this section, the former employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078.

    (d) A sample petition is available through the Judicial Officer Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* * *

    6. In § 966.6, revise paragraph (a) to read as follows:
    § 966.6 Filing, docketing, and serving documents; computation of time; representation of parties.

    (a) Filing. After a petition is filed, all documents required under this part must be filed using the electronic filing system unless the Hearing Official permits otherwise. Documents submitted using the electronic filing system are considered filed as of the date/time (Eastern Time) reflected in the system. Documents mailed to the Recorder are considered filed on the date mailed as evidenced by a United States Postal Service postmark. Filings by any other means are considered filed upon receipt by the Recorder of a complete copy of the filing during normal business hours (Normal Recorder office business hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both parties are participating via the electronic filing system, separate service upon the opposing party is not required. Otherwise, documents shall be served personally or by mail on the opposing party, noting on the document filed, or on the transmitting letter, that a copy has been so furnished.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-22881 Filed 9-10-15; 8:45 am] BILLING CODE 7710-12-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0380; FRL-9933-65-Region 5] Air Plan Approval; Indiana; SO2 Revision for Walsh and Kelly AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on June 1, 2015, to revise the Indiana state implementation plan (SIP) for sulfur dioxide (SO2). The revision updates information regarding Walsh and Kelly, Incorporated, a hot mix asphalt plant located in Griffith, Lake County, Indiana. Walsh and Kelly, Incorporated, is replacing its aggregate drum dryer. The revision does not change any of the SO2 control requirements and will not result in an increase in SO2 emissions.

    DATES:

    This rule is effective on November 10, 2015, unless EPA receives adverse written comments by October 13, 2015. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0380, by one of the following methods:

    1. www.regulations.gov: Follow the on-line instructions for submitting comments.

    2. Email: [email protected]

    3. Fax: (312) 692-2450.

    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-2015-0380. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Charles Hatten, Environmental Engineer, (312) 886-6031 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6031, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. General Information II. What is EPA approving? III. What are the changes from the current Rule? IV. What action is EPA taking? V. Incorporation by Reference IV. Statutory and Executive Order Reviews I. General Information A. Does this action apply to me?

    This action only applies to Walsh and Kelly, Incorporated, located in Griffith, Lake County, Indiana.

    B. Has public notice been provided?

    IDEM published a public notice of the revisions to the SIP on February 4, 2015, to update its SO2 rules that apply specifically to Walsh and Kelly, Incorporated. A public hearing on the revisions was held on March 11, 2015. There were no comments received.

    II. What is EPA approving?

    EPA is approving a revision to Indiana's SO2 SIP for Walsh and Kelly, Incorporated, a hot mix asphalt plant located in Griffith, Lake County, Indiana.

    Indiana's SO2 emission limits for Lake County are contained in Title 326 of the Indiana Administrative Code (IAC) in rule 7-4.1 (326 IAC 7-4.1). The SO2 emission limits pertaining to the Walsh and Kelly, Incorporated, facility are found at 326 IAC 7-4.1-21.

    III. What are the changes from the current Rule?

    In 2013, Walsh and Kelly, Incorporated replaced its aggregate drum dryer. The older aggregate drum dryer burner design capacity was rated at 120 million British thermal units per hour (MMBtu/hr). The new aggregate drum dryer burner has a smaller design capacity, rated at 115 MMBtu/hr.

    IDEM made an administrative change to update rule 326 IAC 7-4.1-21(b) to reference the new 115 MMBtu/hr aggregate drum dryer. Rule 326 IAC 7-4.1-21 provides SO2 emission limits for the Walsh and Kelly, Incorporated aggregate drum dryer, and allows the unit limited use of waste oil as a back-up fuel. IDEM did not revise any of the requirements that apply to using waste oil as a fuel. The SO2 emission limits of 42 pounds per hour and 25 tons per year remain unchanged.

    EPA finds the change to rule 326 IAC 7-4.1-21 approvable.

    IV. What action is EPA taking?

    EPA is approving revisions to Indiana's SO2 SIP which revise 326 IAC 7-4.1-21 for Walsh and Kelly, Incorporated, located in Griffith, Lake County, Indiana. The SIP revision will not result in an increase in SO2 emissions at the facility because the emission limits remain the same.

    We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective November 10, 2015 without further notice unless we receive relevant adverse written comments by October 13, 2015. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective November 10, 2015.

    V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Indiana regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Emissions Reporting, Incorporation by reference, Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: August 28, 2015. Susan Hedman, Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. Section 52.770, the table in paragraph (c) is amended by revising the entry for Rule 7-4.1-21 “Walsh and Kelly sulfur dioxide emission limitations” under the subheading entitled “Rule 4.1 Lake County Sulfur Dioxide Emission Limitations” under the heading entitled “Article 7. Sulfur Dioxide Rules” to read as follows:
    § 52.770 Identification of plan.

    (c) * * *

    EPA-Approved Indiana Regulations Indiana
  • citation
  • Subject Indiana
  • effective date
  • EPA Approval date Notes
    *         *         *         *         *         *         * Article 7. Sulfur Dioxide Rules *         *         *         *         *         *         * Rule 4.1 Lake County Sulfur Dioxide Emission Limitations *         *         *         *         *         *         * 7-4.1-21 Walsh and Kelly sulfur dioxide emission limitations 5/29/2015 9/11/2015, [insert Federal Register citation] *         *         *         *         *         *         *
    [FR Doc. 2015-22716 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2014-0704; FRL-9933-62-Region 5] Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking final action to approve some elements of state implementation plan (SIP) submissions from Wisconsin regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. The proposed rulemaking associated with this final action was published on April 20, 2015, and EPA received no comments during the comment period, which ended on May 20, 2015.

    DATES:

    This final rule is effective on October 13, 2015.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2014-0704. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. What is the background of these SIP submissions? II. What action is EPA taking? III. Statutory and Executive Order Reviews. I. What is the background of these SIP submissions? A. What state submissions does this rulemaking address?

    This rulemaking addresses June 20, 2013, submissions and a January 28, 2015, clarification from the Wisconsin Department of Natural Resources (WDNR) intended to address all applicable infrastructure requirements for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    B. Why did the state make these SIP submissions?

    Under section 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that their SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. These submissions must contain any revisions needed for meeting the applicable SIP requirements of section 110(a)(2), or certifications that their existing SIPs for the NAAQS already meet those requirements.

    EPA has highlighted this statutory requirement in multiple guidance documents. The most recent, entitled “Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)”, was published on September 13, 2013.

    C. What is the scope of this rulemaking?

    EPA is acting upon the SIP submissions from Wisconsin that address the infrastructure requirements of CAA section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. The requirement for states to make SIP submissions of this type arises out of CAA section 110(a)(1), which states that states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

    EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as “infrastructure SIP” submissions. Although the term “infrastructure SIP” does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as SIP submissions that address the nonattainment planning requirements of part D and the Prevention of Significant Deterioration (PSD) requirements of part C of title I of the CAA, and “regional haze SIP” submissions required to address the visibility protection requirements of CAA section 169A.

    This rulemaking will not cover three substantive areas because they are not integral to acting on a state's infrastructure SIP submissions: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction (”SSM”) at sources, that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to “director's variance” or “director's discretion” that purport to permit revisions to SIP approved emissions limits with limited public notice or without requiring further approval by EPA, that may be contrary to the CAA; and, (iii) existing provisions for PSD programs that may be inconsistent with current requirements of EPA's “Final NSR Improvement Rule,” 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (“NSR Reform”). Instead, EPA has the authority to address each one of these substantive areas in separate rulemakings. A detailed history, interpretation, and rationale as they relate to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, “Infrastructure SIP Requirements for the 2008 Lead NAAQS” in the section, “What is the scope of this rulemaking?” (see 79 FR 27241 at 27242-27245).

    II. What action is EPA taking?

    EPA is taking final action to approve most elements of submissions from Wisconsin certifying that its current SIP is sufficient to meet the required infrastructure elements under section 110(a)(1) and (2) for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    The proposed rulemaking associated with this final action was published on April 20, 2015 (75 FR 21685), and EPA received no comments during the comment period, which ended on May 20, 2015. EPA is therefore taking final action to approve, as proposed, most elements of Wisconsin's submissions.

    EPA's actions for the state's satisfaction of infrastructure SIP requirements, by element of section 110(a)(2) and NAAQS, are contained in the table below.

    Element 2008
  • Ozone
  • 2010
  • NO2
  • 2010
  • SO2
  • (A)—Emission limits and other control measures A A A (B)—Ambient air quality monitoring/data system A A A (C)1—Program for enforcement of control measures A A A (C)2—PSD NA NA NA (D)1—I Prong 1: Interstate transport—significant contribution NA A NA (D)2—I Prong 2: Interstate transport—interfere with maintenance NA A NA (D)3—II Prong 3: Interstate transport—prevention of significant deterioration NA NA NA (D)4—II Prong 4: Interstate transport—protect visibility A A A (D)5—Interstate and international pollution abatement A A A (E)1—Adequate resources A A A (E)2—State board requirements NA NA NA (F)—Stationary source monitoring system A A A (G)—Emergency power A A A (H)—Future SIP revisions A A A (I)—Nonattainment planning requirements of part D NA NA NA (J)1—Consultation with government officials A A A (J)2—Public notification A A A (J)3—PSD NA NA NA (J)4—Visibility protection A A A (K)—Air quality modeling/data A A A (L)—Permitting fees A A A (M)—Consultation and participation by affected local entities A A A
    In the above table, the key is as follows: A Approve. NA No Action/Separate Rulemaking. III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 10, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 27, 2015. Susan Hedman, Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. Section 52.2591 is amended by adding paragraphs (g), (h), and (i) to read as follows:
    § 52.2591 Section 110(a)(2) infrastructure requirements.

    (g) Approval—In a June 20, 2013, submission with a January 28, 2015, clarification, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2008 ozone NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), the transport provisions in section 110(a)(2)(D)(i)(I), and the state board requirements of (E)(ii). We will address these requirements in a separate action.

    (h) Approval—In a June 20, 2013, submission with a January 28, 2015, clarification, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 nitrogen dioxide (NO2) NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), and the state board requirements of (E)(ii). We will address these requirements in a separate action.

    (i) Approval—In a June 20, 2013, submission with a January 28, 2015, clarification, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2010 sulfur dioxide (SO2) NAAQS. We are not taking action on the prevention of significant deterioration requirements related to section 110(a)(2)(C), (D)(i)(II), and (J), the transport provisions in section 110(a)(2)(D)(i)(I), and the state board requirements of (E)(ii). We will address these requirements in a separate action.

    [FR Doc. 2015-22864 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2011-0817; FRL-9933-76-OAR] RIN 2060-AQ93 National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants; Correction AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; correcting amendments.

    SUMMARY:

    The Environmental Protection Agency (EPA) published a final rule in the Federal Register on July 27, 2015, titled National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants. This final rule makes technical corrections and clarifications to the regulations published in that final rule. The rule also includes a provision describing performance testing requirements when a source demonstrates compliance with the hydrochloric acid (HCl) emissions standard using a continuous emissions monitoring system (CEMS) for sulfur dioxide measurement and reporting.

    DATES:

    Effective September 9, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharon Nizich, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541-2825; facsimile number: (919) 541-5450; email address: [email protected] For information about the applicability of the national emission standards for hazardous air pollutants or new source performance standards, contact Mr. Patrick Yellin, Monitoring, Assistance and Media Programs Division (2227A), Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number (202) 564-2970; email address [email protected]

    SUPPLEMENTARY INFORMATION:

    Summary of Technical Corrections

    The EPA received communications from representatives of the Portland cement industry on five occasions in August 2015 (see memo to the docket (EPA-HQ-OAR-2011-0817) titled, “Communications on Errors PCA August 2015”). These communications outlined several errors in the regulatory text of the final rule (80 FR 44772). These all pertain to monitoring requirements. The EPA agrees that these are errors (typographical and unintended phrasing or omissions), and is correcting these errors in this document. We are also removing two passages (which consisted of four sentences) that were inadvertently left in the final amendments, but were discussed by the EPA as being removed in the Response to Comment (RTC) document for the final amendments (see docket item EPA-HQ-OAR-2011-0817-0870, page 8). In the RTC, we discussed that data substitution is not an allowed practice when determining compliance, but these four sentences discuss procedures for data substitution. Leaving these sentences in the rule, thus, does not reflect the EPA's stated intention, and would lead to confusion given the direct conflict between the RTC document and the rule text.

    We are making one further technical correction involving timing of performance tests. The correction keeps in place the specified time by which performance tests must be conducted, but will no longer set out a window of time in which the test must be conducted. The net effect is that performance tests can be conducted earlier than the window of time in the current rule text if a source desires to conduct its performance test earlier. The EPA had already indicated in the RTC document that it was making this change (see docket item EPA-HQ-OAR-2011-0817-0870, page 5). The EPA regards this amendment as a clarification (the current rule could be interpreted to allow earlier testing) so that the rule reads precisely as intended, as stated by the EPA in the RTC document.

    List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows:

    PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: Authority:

    42 U.S.C. 7401, et seq.

    2. Amend § 63.1349 by: a. In paragraph (b)(4)(i), removing “ppmvd” and adding in its place “ppmvw”. b. In paragraph (b)(7)(v), revising the second sentence. c. In paragraph (c), revising the second sentence.

    The revisions read as follows:

    § 63.1349 Performance testing requirements.

    (b) * * *

    (7) * * *

    (v)* * * You are required to measure oHAP at the coal mill inlet or outlet and you must also measure oHAP at the alkali bypass outlet. * * *

    (c) * * * Performance tests required every 30 months must be completed no more than 31 calendar months after the previous performance test except where that specific pollutant is monitored using CEMS; performance tests required every 12 months must be completed no more than 13 calendar months after the previous performance test.

    3. Amend § 63.1350 by: a. In paragraph (k)(2)(ii), revising the last sentence. b. Revising paragraph (k)(2)(iii). c. In paragraph (l)(1) introductory text, revising the last sentence. d. In paragraph (l)(1)(ii)(B), revising the last sentence. e. In paragraph (l)(1)(ii)(C), removing the last two sentences.

    The revisions read as follows:

    § 63.1350 Monitoring requirements.

    (k) * * *

    (2) * * *

    (ii) * * * In this manner all hourly average values exceeding the span value measured by the Hg CEMS during the week following the above span linearity challenge when the CEMS response exceeds +/−20 percent of the certified value of the reference gas must be normalized using Equation 22.

    (iii) Quality assure any data above the span value established in paragraph (k)(1) of this section using the following procedure. Any time two consecutive one-hour average measured concentrations of Hg exceeds the span value you must, within 24 hours before or after, introduce a higher, “above span” Hg reference gas standard to the Hg CEMS. The “above span” reference gas must meet the requirements of PS 12A, Section 7.1, must target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include “above span” calibrations done before or after the above span measurement period. Record and report the results of this procedure as you would for a daily calibration. The “above span” calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the Hg CEMS exceeds 20 percent of the certified value of the reference gas, then you must normalize the one-hour average stack gas values measured above the span during the 24-hour period preceding or following the “above span” calibration for reporting based on the Hg CEMS response to the reference gas as shown in equation 22 below. Only one “above span” calibration is needed per 24 hour period.

    ER11SE15.008

    (l) * * *

    (1) * * * The span value and calibration requirements in paragraphs (l)(1)(i) and (ii) of this section apply to HCl CEMS other than those installed and certified under PS 15.

    (ii) * * *

    (B) * * * Any HCl CEMS above span linearity challenge response exceeding +/−20 percent of the certified value of the reference gas requires that all above span hourly averages during the week following the above span linearity challenge must be normalized using Equation 23.

    Dated: September 2, 2015. Janet G. McCabe, Acting Assistant Administrator, Office of Air and Radiation.
    [FR Doc. 2015-22945 Filed 9-9-15; 4:15 pm] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0214; FRL-9933-35] Tetraethylene Glycol; Exemption From the Requirement of a Tolerance AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes an exemption from the requirement of a tolerance for residues of tetraethylene glycol (CAS Reg. No. 112-60-7) when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops. Exponent, Inc. on behalf of Drexel Chemical Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of tetraethylene glycol.

    DATES:

    This regulation is effective September 11, 2015. Objections and requests for hearings must be received on or before November 10, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0214, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The 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 OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2015-0214 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before November 10, 2015. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0214, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Petition for Exemption

    In the Federal Register of May 20, 2015 (80 FR 28925) (FRL-9927-39), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-10753) by Exponent, Inc. (1150 Connecticut Ave. Suite 1100 NW., Washington, DC 20036) on behalf of Drexel Chemical Company, P.O. Box 13327 Memphis, TN 38113-0327. The petition requested that 40 CFR 180.920 be amended by establishing an exemption from the requirement of a tolerance for residues of tetraethylene glycol (CAS Reg. No. 112-60-7) when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops. That document referenced a summary of the petition prepared by Exponent on behalf of Drexel Chemical Company, the petitioner, which is available in the docket, http://www.regulations.gov. There were no substantive comments received in response to the notice of filing.

    III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active ingredients as defined in 40 CFR 153.125 and include, but are not limited to, the following types of ingredients (except when they have a pesticidal efficacy of their own): Solvents such as alcohols and hydrocarbons; surfactants such as polyoxyethylene polymers and fatty acids; carriers such as clay and diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term “inert” is not intended to imply nontoxicity; the ingredient may or may not be chemically active. Generally, EPA has exempted inert ingredients from the requirement of a tolerance based on the low toxicity of the individual inert ingredients.

    IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . . .”

    EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be clearly demonstrated that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.

    Consistent with FFDCA section 408(c)(2)(A), and the factors specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for tetraethylene glycol including exposure resulting from the exemption established by this action. EPA's assessment of exposures and risks associated with tetraethylene glycol follows.

    A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Specific information on the studies received and the nature of the adverse effects caused by tetraethylene glycol as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in this unit.

    Acute, subchronic and mutagenicity studies were available but chronic, developmental, reproduction and metabolism studies were not available on tetraethylene glycol. Ethylene glycol and the higher glycols (di-, tri-, tetra-, and pentaethylene glygol) are closely related in structure. Their physicochemical properties differ in a regular and expected way due to the increasing molecular weight and consistent functionality of a relatively less stable hydroxy moiety on each end of the molecule. Therefore, the hazard profile and dose response are also expected to change consistently with decreasing potential for adverse effect with increasing molecular weight (OECD SIDS SIAM 18, 2004). Based on this, toxicity data on triethylene glycol (which has a lower molecular weight than tetraethylene glycol and is likely to provide a conservative estimate of potential for adverse effect) was used as surrogate data to bridge chronic, developmental, reproduction toxicity and metabolism data for tetraethylene glycol.

    The acute oral and dermal toxicity of tetraethylene glycol is low. The oral and dermal LD50s are >20,000 mg/kg (milligram/kilogram) in the rat and rabbit. Acute inhalation toxicity in rats is also low; the LC50 is >2.5 liter (L)/min. Tetraethylene glycol is mildly irritating to the eyes and to the skin in rabbits. It is not a dermal sensitizer.

    Tetraethylene glycol did not cause toxicity at doses up to 2,000 milligrams/kilograms/day (mg/kg/day) in a subchronic oral toxicity study in rats.

    Based on developmental and reproduction toxicity studies with triethylene glycol, tetraethylene glycol is not expected to be a developmental/reproduction toxicant. Neither maternal, developmental nor reproduction toxicity was observed up to 3,300 mg/kg/day (greater than three times the limit dose).

    Available mutagenicity studies included the Ames test, mammalian gene mutation, sister chromatid exchange, chromosome aberrations, the chromatid dominant lethal test, and mouse micronucleus assays. Tetraethylene glycol was negative for inducing mutations and aberrations in all of the studies except the sister chromatid exchange assay which was positive. However, based on the weight of evidence tetraethylene glycol is not expected to be mutagenic.

    Carcinogenicity studies were not available. However, based on the lack of systemic toxicity and the lack of mutagenicity tetraethylene glycol is not expected to be carcinogenic.

    Neurotoxicity and immunotoxicity studies were not available for review. However, evidence of neurotoxicity and immunotoxicity was not observed in the available studies.

    Metabolism studies are not available on tetraethylene glycol. However, it is postulated that the metabolic pathway for tetraethylene glycol is similar to that of triethylene glycol in that it undergoes oxidation via alcohol dehydrogenases and aldehyde dehydrogenases to generate dicarboxylic acid metabolites.

    Specific information on the studies received and the nature of the adverse effects caused by tetraethylene glycol as well as the NOAEL and the LOAEL from the toxicity studies can be found at http://www.regulations.gov in the document, “Tetraethylene Glycol; Human Health Risk Assessment and Ecological Effects Assessment to Support Proposed Exemption from the Requirement of a Tolerance When Used as Inert Ingredients in Pesticide Formulations” in docket ID number EPA-HQ-OPP-2015-0214.

    B. Toxicological Points of Departure/Levels of Concern

    The available toxicity studies indicate that tetraethylene glycol has low toxicity. No effects were observed up to 2,000 mg/kg/day following subchronic exposure. In the developmental and reproduction toxicity studies, effects were observed only at very high doses (≥3,300 mg/kg/day). Further, the only effect observed at 3,300 mg/kg/day was a minor decrement in bodyweight. Although, doses between 590-3300 mg/kg/day were not tested in the developmental and reproduction studies in mice, the Agency is reasonably certain that no harm will occur to the general population or infants and children following the use of tetraethylene glycol at any dose below the limit dose given the lack of effects being found and the fact that the only effect seen was a minor bodyweight decrease seen at 3,300 mg/kg/day. Since, no other effects were observed, the Agency concluded that there are no endpoints of concern for tetraethylene glycol and a qualitative risk assessment is appropriate.

    C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary exposure to tetraethylene glycol, EPA considered exposure under the proposed exemption from the requirement of a tolerance. EPA assessed dietary exposures from tetraethylene glycol in food as follows:

    Tetraethylene glycol will be used as a solvent in pesticide formulations used on agricultural crops. Additionally, it is used as an indirect food additive.

    For the general population, the majority of exposure to tetraethylene glycol occurs from the extensive use as a FDA-approved indirect food additive. Under this exemption from the requirement of a tolerance, residues of this chemical also may be found on treated crops. Because no hazard endpoint of concern was identified for the acute and chronic dietary assessment (food and drinking water), a quantitative dietary exposure risk assessment was not conducted.

    2. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., textiles (clothing and diapers), carpets, swimming pools, and hard surface disinfection on walls, floors, tables).

    Tetraethylene glycol is used as an inert ingredient in non-food use pesticide formulations and is also used as a humectant in cosmetics. However, based on the lack of toxicity, a quantitative exposure assessment from residential exposures was not performed.

    3. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

    EPA has not found tetraethylene glycol to share a common mechanism of toxicity with any other substances, and tetraethylene glycol does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that tetraethylene glycol does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

    D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the Food Quality Protection Act Safety Factor (FQPA SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.

    As part of its qualitative assessment, the Agency did not use safety factors for assessing risk, and no additional safety factor is needed for assessing risk to infants and children. Based on an assessment of tetraethylene glycol and its chemical properties, EPA has concluded that there are no toxicological endpoints of concern for the U.S. population, including infants and children.

    E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, EPA concludes that aggregate exposure to residues of tetraethylene glycol will not pose a risk to the U.S. population, including infants and children, and that no harm will result to the general population, or to infants and children from aggregate exposure to tetraethylene glycol residues.

    V. Other Considerations A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since the Agency is not establishing a numerical tolerance for residues of tetraethylene glycol in or on any food commodities. EPA is establishing a limitation on the amount of tetraethylene glycol that may be used in pesticide formulations applied to growing crops. That limitation will be enforced through the pesticide registration process under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. EPA will not register any pesticide formulation for use on growing crops for sale or distribution that contains of tetraethylene glycol.

    VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is established under 40 CFR 180.920 for tetraethylene glycol (CAS Reg. No. 112-60-7) when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops.

    VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of tolerance under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: September 3, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.920, add alphabetically the inert ingredient “Tetraethylene glycol” to the table to read as follows:
    § 180.920 Inert ingredients used pre-harvest; exemptions from the requirement of a tolerance. Inert ingredients Limits Uses *         *         *         *         *         *         * Tetraethylene glycol (CAS Reg. No. 112-60-7) Solvent *         *         *         *         *         *         *
    [FR Doc. 2015-22946 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA-2015-0056] RIN 2127-AK97 Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles Correction

    In rule document 2015-14127, appearing on pages 36050-36110 in the issue of Tuesday, June 23, 2015, make the following correction:

    § 571.101 Standard No. 101; Controls and displays. [Corrected]

    On pages 36102-36103, in the table titled “Table 1: Controls, Telltales, and Indicators With Illumination or Color Requirements”, the images are corrected to appear as follows:

    BILLING CODE 1505-01-P ER11SE15.000 ER11SE15.001
    [FR Doc. C1-2015-14127 Filed 9-10-15; 8:45 am] BILLING CODE 1505-01-D
    NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 830 [Docket No. NTSB-AS-2015-0001] Interpretation of Notification Requirements To Exclude Model Aircraft AGENCY:

    National Transportation Safety Board (NTSB or Board).

    ACTION:

    Notice of interpretation.

    SUMMARY:

    This document provides the NTSB's interpretation of the applicability of the agency's regulations concerning aircraft accident notification requirements to unmanned aircraft. The regulations define “unmanned aircraft accident” and require notifications of accidents that fulfill the criteria included in the definition. By this Notice, the NTSB clarifies it does not consider model aircraft to fall within the regulatory definition of unmanned aircraft accident, for purposes of required notification.

    DATES:

    Effective September 11, 2015.

    ADDRESSES:

    A copy of this Notice of interpretation is available for inspection and copying at NTSB Headquarters, 490 L'Enfant Plaza SW., Washington, DC 20594-2003. Alternatively, a copy of the Notice is available on the NTSB's Web site at www.ntsb.gov and at the government-wide Web site on regulations at www.regulations.gov, Docket No. NTSB-AS-2015-0001. A paper copy is available.

    FOR FURTHER INFORMATION CONTACT:

    William English, NTSB Office of Aviation Safety, (202) 314-6686.

    SUPPLEMENTARY INFORMATION:

    NTSB Investigations of Unmanned Aircraft

    On August 24, 2010, the NTSB published a Final Rule defining “unmanned aircraft accident” as:

    [A]n occurrence associated with the operation of any public or civil unmanned aircraft system that takes place between the time that the system is activated with the purpose of flight and the time that the system is deactivated at the conclusion of its mission, in which: (1) Any person suffers death or serious injury; or (2) The aircraft has a maximum gross takeoff weight of 300 pounds or greater and sustains substantial damage.

    75 FR 51953, 51955.1

    1 Existing NTSB regulations define “serious injury” and “substantial damage.” 49 CFR 830.2.

    In the preamble to the Final Rule, the NTSB stated it sought to exclude model aircraft from the notification requirements of 49 CFR part 830. 75 FR at 51954. The NTSB's promulgation of the notification requirements with well-recognized definitions in part 830 was prompted by enactment of the Airport and Airway Safety and Capacity Expansion Act of 1987, Public Law 100-223, 101 Stat. 1486 (Dec. 30, 1987). The statute specifically required the NTSB to promulgate notification requirements, stating the NTSB must “establish by regulation requirements binding on persons reporting . . . accidents and aviation incidence subject to the Board's investigatory jurisdiction under this subsection.” Id. sec. 311, 101 Stat. 1528.

    The NTSB has consistently excluded unmanned aircraft systems (UAS) flown for hobby and recreational use from the definition of “accident” under 49 CFR part 830, and has historically not investigated the rare occasions in which a model aircraft has caused serious injury or fatality. For purposes of defining the term “model aircraft” in this publication, the NTSB has adopted the definition of the term that appears in section 336(c) of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012, Public Law 112-95; 126 Stat. 77-78 (Feb. 14, 2012). Section 336(c) defines “model aircraft” to mean an unmanned aircraft that is:

    (1) capable of sustained flight in the atmosphere;

    (2) flown within visual line of sight of the person operating the aircraft; and

    (3) flown for hobby or recreational purposes.

    The NTSB's exclusion of model aircraft from the applicability of 49 CFR part 830 is consistent with international practices and interpretations concerning accident notifications and investigations. For example, Circular 328 from the International Civil Aviation Organization states model aircraft are outside the scope of applicability of the Chicago Convention. International Civil Aviation Organization, Unmanned Aircraft Systems (UAS), Circular 328 (2011). The Circular states: “In the broadest sense, the introduction of UAS does not change any existing distinctions between model aircraft and aircraft. Model aircraft, generally recognized as intended for recreational purposes only, fall outside the provisions of the Chicago Convention, being exclusively the subject of relevant national regulations, if any.” Id. at 3, ¶ 2.4. Furthermore, the International Society of Air Safety Investigators (ISASI) has set forth a similar policy statement. The organization recognizes “[f]ormal air safety investigations are not constituted to investigate model aircraft accidents, and Annex 13 is not applicable to them.” ISASI Unmanned Aircraft System Handbook and Accident/Incident Investigation Guidelines at 24 (Jan. 2015).

    Related Legislative and Regulatory Developments

    On February 14, 2012, the President signed into law the FAA Modernization and Reform Act of 2012. Public Law 112-95. Among other provisions, the statute defines unmanned aircraft and small unmanned aircraft. The statute describes UAS as “an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.” Id. at sec. 331(9). The statute defines “small unmanned aircraft” as a UAS weighing less than 55 pounds. Id. at sec. 331(6).

    In addition, the statute provides a definition of “model aircraft.” As quoted above, section 336(c) of the Act states the definition of a model aircraft is dependent upon the aircraft's use; an aircraft capable of sustained flight in the atmosphere that is flown within the operator's visual line of sight and only for hobby or recreational purposes is considered a “model aircraft.”

    Section 336(a) of the Act precludes the FAA from promulgating any rule concerning a model aircraft if the aircraft: (1) Is flown “strictly for hobby or recreational use”; (2) is “operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization”; (3) is limited to not more than 55 pounds unless otherwise certified; (4) is “operated in a manner that does not interfere with and gives way to any manned aircraft”; and (5) when flown within 5 miles of an airport, the model aircraft's operator provides the airport operator and air traffic control tower with prior notice of its operation. Id. at sec. 336(a).

    On June 25, 2014, the FAA published a Notice of interpretation with request for comment in the Federal Register. 79 FR 36172. The Notice stated the FAA had received inquiries concerning its enforcement authority over model aircraft, and states based on the language of the statute, aircraft that meet the statutory definition of “model aircraft” and operational requirements, as described above, are “exempt from future FAA rulemaking action specifically regarding model aircraft.” Id. The FAA went on to clarify, however, “model aircraft that do not meet these statutory requirements are nonetheless unmanned aircraft, and as such, are subject to all existing FAA regulations, as well as future rulemaking action, and the FAA intends to apply its regulations to such unmanned aircraft.” Id. at 36173. Following the Notice of interpretation, the FAA published a Notice of Proposed Rulemaking, in which it proposed a new regulatory part to regulate small UAS (14 CFR part 107). 80 FR 9544 (Feb. 23, 2015).

    Conclusion

    In light of recent regulatory and legislative actions and industry developments in the area of unmanned aircraft, the agency believes it is prudent to clarify our interpretation of the definitions codified at 49 CFR 830.2 and the notification requirements contained in § 830.5(a) (applicable to “aircraft accidents” and “serious incidents”).2 In this regard, we remain consistent with our long-held practice of refraining from conducting investigations of any model aircraft accident or incident. We maintain this declination in our interpretation of our regulations within 49 CFR part 830, and we do not feel compelled to alter this practice in light of recently proposed regulatory changes from the FAA or Congress's recent inclusion of a statutory definition of “model aircraft.”

    2 We recognize the aviation community is mindful of the Board's decision in Administrator v. Pirker, NTSB Order No. EA-5730 (Nov. 18, 2014). In Pirker, the Board held the FAA could apply to UAS 14 CFR 91.13(a), which prohibits careless or reckless operation of aircraft. The respondent's flight that gave rise to the FAA's action in Pirker occurred prior to Congress's enactment of the FAA Modernization and Reform Act of 2012, which addresses UAS, small UAS, and model aircraft. The NTSB considers these statutory definitions instructive in interpreting its regulations.

    The NTSB does not now propose a definition of model aircraft, but will consider as instructive the description of “model aircraft” within section 336 of the FAA Modernization and Reform Act of 2012, as described above in the section of this Notice entitled “Related Legislative and Regulatory Developments.”

    The NTSB trusts operators will find this statement of interpretation helpful in understanding the NTSB's definition of “unmanned aircraft accident.”

    Christopher A. Hart, Chairman.
    [FR Doc. 2015-22933 Filed 9-10-15; 8:45 am] BILLING CODE 7533-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140117052-4402-02] RIN 0648-XE162 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; quota transfer.

    SUMMARY:

    NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2015 commercial Atlantic bluefish quota to the Commonwealth of Massachusetts. This quota adjustment is necessary to comply with the Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quota for each state involved.

    DATES:

    Effective September 8, 2015, through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Reid Lichwell, Fishery Management Specialist, (978) 281-9112.

    SUPPLEMENTARY INFORMATION:

    Regulations governing the bluefish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.162.

    The final rule implementing Amendment 1 to the Bluefish Fishery Management Plan, published in the Federal Register on July 26, 2000 (65 FR 45844), provided a mechanism for transferring commercial bluefish quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Greater Atlantic Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.162(e). The Regional Administrator is required to consider the criteria in § 648.162(e)(1) in the evaluation of requests for quota transfers or combinations.

    Virginia has agreed to transfer 50,000 lb (22,680 kg) of its 2015 commercial quota to Massachusetts. This transfer was prompted by state officials in Massachusetts to ensure their commercial bluefish quota is not exceeded. The Regional Administrator has determined that the criteria set forth in § 648.162(e)(1) are met. The revised bluefish quotas for calendar year 2015 are: Virginia, 422,629 lb (191,701 kg); and Massachusetts, 602,036 lb (273,079 kg), based on the final 2015 Atlantic Bluefish Specifications published August 6, 2015 (80 FR 46848).

    Classification

    This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 8, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-22953 Filed 9-8-15; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 140918791-4999-02] RIN 0648-XE180 Fisheries of the Exclusive Economic Zone Off Alaska; Reapportionment of the 2015 Gulf of Alaska Pacific Halibut Prohibited Species Catch Limits for the Trawl Deep-Water and Shallow-Water Fishery Categories AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Temporary rule; reapportionment.

    SUMMARY:

    NMFS is reapportioning the seasonal apportionments of the 2015 Pacific halibut prohibited species catch (PSC) limits for the trawl deep-water and shallow-water species fishery categories in the Gulf of Alaska. This action is necessary to account for the actual halibut PSC use by the trawl deep-water and shallow-water species fishery categories from May 15, 2015 through June 30, 2015. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), September 9, 2015 through 2400 hours, A.l.t., December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the Gulf of Alaska (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.

    The final 2015 and 2016 harvest specifications for groundfish in the GOA (80 FR 10250, February 25, 2015) apportions the 2015 Pacific halibut PSC limit for trawl gear in the GOA to two trawl fishery categories: A deep-water species fishery and a shallow-water species fishery. The halibut PSC limit for these two trawl fishery categories is further apportioned by season, including four seasonal apportionments to the shallow-water species fishery and three seasonal apportionments to the deep-water species fishery. The two fishery categories also are apportioned a combined, fifth seasonal halibut PSC limit. Unused seasonal apportionments are added to the next season apportionment during a fishing year.

    Regulations at § 679.21(d)(4)(iii)(D) require NMFS to combine management of the available trawl halibut PSC limits in the second season (April 1 through July 1) deep-water and shallow-water species fishery categories for use in either fishery from May 15 through June 30 of each year. Furthermore, NMFS is required to reapportion the halibut PSC limit between the deep-water and shallow-water species fisheries after June 30 to account for actual halibut PSC use by each fishery category during May 15 through June 30. As of September 1, 2015, NMFS has determined that the trawl deep-water and shallow-water fisheries used 75 metric tons (mt) and 1 mt of halibut PSC, respectively, from May 15 through June 30. Accordingly, pursuant to § 679.21(d)(4)(iii)(D), the Regional Administrator is reapportioning the combined first and second seasonal apportionments (836 mt) of halibut PSC limit between the trawl deep-water and shallow-water fishery categories to account for the actual PSC use in each fishery. Therefore, Table 16 of the final 2015 and 2016 harvest specifications for groundfish in the GOA (80 FR 10250, February 25, 2015) is revised consistent with this adjustment.

    Table 16—Final 2015 Apportionment of Pacific Halibut PSC Trawl Limits Between the Trawl Gear Deep-Water Species Fishery and the Shallow-Water Species Fishery Categories [Values are in metric tons] Season Shallow-water Deep-water 1 Total January 20-April 1 135 35 170 April 1-July 1 291 375 666 Subtotal of combined first and second season limit (January 20-July 1) 426 410 836 July 1-September 1 352 176 528 September 1-October 1 132 Any remainder 132 Subtotal January 20-October 1 910 586 1,496 October 1-December 31 2 264 Total 1,760 1 Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through September 1) deep-water species fishery halibut PSC apportionment. 2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through December 31). 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) as such 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 allow for harvests that exceed the originally specified apportionment of the halibut PSC limits to the deep-water and shallow-water fishery categories. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 3, 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.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 8, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-22934 Filed 9-8-15; 4:15 pm] BILLING CODE 3510-22-P
    80 176 Friday, September 11, 2015 Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2012-0400; FRL-9933-80-Region 6] Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque-Bernalillo County; Infrastructure and Interstate Transport State Implementation Plan for the 2008 Lead National Ambient Air Quality Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission from the Governor of New Mexico for the City of Albuquerque-Bernalillo County for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). The submittal addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2008 Pb NAAQS (infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP for Albuquerque-Bernalillo County is adequate to meet the state's responsibilities under the CAA, including the four CAA requirements for interstate transport of Pb emissions.

    DATES:

    Written comments must be received on or before October 13, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-R06-OAR-2012-0400, by one of the following methods:

    www.regulations.gov. Follow the online instructions.

    Email: Tracie Donaldson at [email protected]

    Mail or delivery: Mary Stanton, Chief, Air Grants Section (6PD-S), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not on legal holidays. Special arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2012-0400. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit electronically any information that you consider to be CBI or other information whose disclosure is restricted by statute. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional information on submitting comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI).

    FOR FURTHER INFORMATION CONTACT:

    Tracie Donaldson, telephone 214-665-6633, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at 214-665-7253.

    SUPPLEMENTARY INFORMATION:

    Throughout this document wherever “we,” “us,” or “our” is used, we mean the EPA.

    I. Background

    On October 5, 1978, we published the first NAAQS for lead (Pb) (43 FR 46246). Both the primary and secondary standards were set at 1.5 micrograms per cubic meter (µg/m3). In 2008, following a periodic review of the NAAQS for lead, we published a revised, more stringent NAAQS of 0.15 µg/m3 for both the primary and secondary standards (73 FR 66964, November 13, 2008). For more information on these standards, please see the Technical Support Document (TSD) and EPA Web site http://epa.gov/airquality/lead.

    Each state must submit an i-SIP within three years after the promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA includes a list of specific elements the i-SIP must meet. EPA issued guidance addressing the i-SIP elements for NAAQS.1 The Governor of New Mexico on behalf of Albuquerque-Bernalillo County submitted an i-SIP revision on May 2, 2012 to address this revised NAAQS, including a demonstration that the SIP met the four statutory requirements for interstate transport of Pb emissions.

    1 “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2) for the 2008 Pb NAAQS,” Memorandum from Stephen D. Page, October 14, 2011, http://epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.

    EPA is proposing to approve the Albuquerque-Bernalillo County, New Mexico i-SIP submittal for the 2008 Pb NAAQS 2 as meeting the requirements for an i-SIP, including the requirements for interstate transport of Pb emissions

    2 Additional information on: The history of Pb, its levels, forms and, determination of compliance; EPA's approach for reviewing i-SIPs; the details of the SIP submittal and EPA's evaluation; the effect of recent court decisions on i-SIPs; the statute and regulatory citations in the New Mexico SIP specific to this review; the specific i-SIP applicable CAA and EPA regulatory citations; Federal Register Notice citations for New Mexico SIP approvals; New Mexico's minor New Source Review program and EPA approval activities; and New Mexico's Prevention of Significant Deterioration (PSD) program can be found in the Technical Support Document (TSD).

    II. EPA's Evaluation of New Mexico's i-SIP and Interstate Transport Submittal

    Below is a summary of EPA's evaluation of the Albuquerque-Bernalillo County, New Mexico i-SIP for each applicable element of 110(a)(2) A-M. The Albuquerque-Bernalillo County Air Quality Control Board (Air Board) provided a demonstration of how the existing Albuquerque-Bernalillo County, New Mexico SIP met all the requirements of the 2008 Pb NAAQS on May 2, 2012. This SIP submission became complete by operation of law on November 2, 2013. See CAA section 110(k)(1)(B).

    (A) Emission limits and other control measures: The SIP must include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters as needed to implement, maintain and enforce each of the NAAQS.3

    3 The specific nonattainment area plan requirements of section 110(a)(2)(I) are subject to the timing requirements of section 172, not the timing requirement of section 110(a)(1). Thus, section 110(a)(2)(A) does not require that states submit regulations or emissions limits specifically for attaining the 2008 Pb NAAQS. Those SIP provisions are due as part of each state's attainment plan, and will be addressed separately from the requirements of section 110(a)(2)(A). In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS.

    Legislative authority for Albuquerque-Bernalillo County's air quality program, codified in Chapter 74 Environmental Improvement, Article 2, Air Pollution, of the New Mexico statutes, gives the Air Board and the Albuquerque Environmental Health Department's Air Quality Program (AQP) the authority to implement the CAA in Albuquerque-Bernalillo County, New Mexico. Enforceable emission limitations and other control measures are authorized by the New Mexico Air Quality Control Act (AQCA) which established the Air Board and those provisions of New Mexico Administrative Code (NMAC) Title 20, Environmental Protection, Chapter 11, Albuquerque-Bernalillo County Air Quality Control Board. They can adopt emission standards and compliance schedules applicable to regulated entities; emission standards and limitations and any other measures necessary for attainment and maintenance of national standards; and, enforce applicable laws, regulations, standards and compliance schedules, and seek injunctive relief within the boundaries of Bernalillo County. This authority has been employed to adopt and submit multiple revisions to the Albuquerque-Bernalillo County, New Mexico State Implementation Plan. The approved SIP for Albuquerque-Bernalillo County, New Mexico is documented at 40 CFR 52.1620, Subpart GG.

    (B) Ambient air quality monitoring/data system: The SIP must provide for establishment and implementation of ambient air quality monitors, collection and analysis of monitoring data, and providing the data to EPA upon request.

    The AQCA provides AQP with the authority to monitor ambient air quality in the county (NMSA 1978, section 74-2-5). AQP maintains a monitoring network for the NAAQS and submits an annual Network Assessment to EPA. The network includes one monitor for Pb. AQP's 2014 Air Monitoring Network Plan is the most recently EPA-approved network monitoring plan and was approved by EPA on February 3, 2015. All monitoring data is measured using EPA approved methods and subject to the EPA quality assurance requirements. AQP submits all required data to EPA, in accordance with EPA rules. The monitoring network was approved into the SIP (46 FR 4005, August 6, 1981). AQP conducts an assessment of the monitoring network every 5 years. Data is available upon request and in the EPA Air Quality System (AQS) database.

    (C) Program for enforcement. The SIP must include the following three elements: (1) A program providing for enforcement of the measure in paragraph A above; (2) a program for the regulation of the modification and construction of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for areas designated as attainment or unclassifiable for the NAAQS in question).4

    4 As discussed in further detail in the TSD.

    (1) Enforcement of SIP Measures. As noted in (A), the state statutes provide authority for the AQP to enforce the requirements of the AQCA within Albuquerque-Bernalillo County, and any regulations, permits, or final compliance orders. Its statutes also provide the AQP with general enforcement powers. Among other things, they can file lawsuits to compel compliance with the statutes and regulations; commence civil actions; issue field citations; conduct investigations of regulated entities; collect criminal and civil penalties; develop and enforce rules and standards related to protection of air quality; issue compliance orders; pursue criminal prosecutions; investigate, enter into remediation agreements; and issue emergency cease and desist orders. The AQAC also provides additional enforcement authorities and funding mechanisms.

    (2) Minor New Source Review (NSR). The SIP is required to include measures to regulate construction and modification of stationary sources to protect the NAAQS. Albuquerque-Bernalillo County's minor NSR permitting requirements are approved as part of the SIP.5

    5 EPA is not proposing to approve or disapprove Albuquerque-Bernalillo County's existing minor NSR program to the extent that it may be inconsistent with EPA's regulations governing this program. EPA has maintained that the CAA does not require that new infrastructure SIP submissions correct any defects in existing EPA-approved provisions of minor NSR programs in order for EPA to approve the infrastructure SIP for element C (e.g., 76 FR 41076-41079). EPA believes that a number of states may have minor NSR provisions that are contrary to the existing EPA regulations for this program. The statutory requirements of section 110(a)(2)(C) provide for considerable flexibility in designing minor NSR programs.

    (3) Prevention of Significant Deterioration (PSD) permit program. Albuquerque-Bernalillo County's PSD portion of the SIP covers all NSR regulated pollutants as well as the requirements for the 2008 Pb NAAQS and has been approved by EPA.6 In a recent action, EPA approved revisions that address the requirements of the EPA's May 2008, July 2010, and October 2012 PM2.5 PSD Implementation Rules and to incorporate revisions consistent with the EPA's March 2011 Fugitives Interim Rule, July 2011 Greenhouse Gas (GHG) Biomass Deferral Rule, and July 2012 GHG Tailoring Rule Step 3 and GHG PALs Rule (see docket EPA-R06-OAR-2013-0616 in www.regulations.gov).

    6 As discussed further in the TSD.

    (D) Interstate and international transport: The requirements for interstate transport of Pb emissions are that the SIP contain adequate provisions prohibiting Pb emissions to other states which will (1) contribute significantly to nonattainment of the NAAQS, (2) interfere with maintenance of the NAAQS, (3) interfere with measures required to prevent significant deterioration or (4) interfere with measures to protect visibility (CAA 110(a)(2)(D)(i)).

    With respect to significant contribution to nonattainment or interference with maintenance of the Pb NAAQS, the physical properties of Pb, which is a metal and very dense, prevent Pb emissions from experiencing a significant degree of travel in the ambient air. No complex chemistry is needed to form Pb or Pb compounds in the ambient air; therefore, ambient concentrations of Pb are typically highest near Pb sources. More specifically, there is a sharp decrease in ambient Pb concentrations as the distance from the source increases. According to EPA's report entitled Our Nation's Air: Status and Trends Through 2010, Pb concentrations that are not near a source of Pb are approximately 8 times less than the typical concentrations near the source.7 For these reasons, EPA believes that the interstate transport requirements pertaining to significant contribution to nonattainment or interference with maintenance of the Pb NAAQS can be satisfied through a state's assessment as to whether a lead source located within its state in close proximity to a state border has emissions that contribute significantly to the nonattainment in or interfere with maintenance of the NAAQS in the neighboring state. Albuquerque-Bernalillo County has stated as such in its submission.

    7http://www.epa.gov/airtrends/2011/report/fullreport.pdf.

    There are no areas within Albuquerque-Bernalillo County that are designated as nonattainment with respect to the 2008 Pb NAAQS, and there are no significant sources of Pb emissions within the County that emit Pb in amounts equal to or exceeding 0.5 tons per year, nor sources of Pb emissions within two miles of a neighboring state line. Total Pb emissions within Albuquerque-Bernalillo County in 2011 were less than two tons, and most of the Pb-emitting sources within the State are general aviation airports where aviation gasoline containing tetra-ethyl lead is still in use. Therefore, we deem that Albuquerque-Bernalillo County has presumptively satisfied the interstate transport requirements pertaining to significant contribution to nonattainment or interference with maintenance of the Pb NAAQS.

    With respect to the interstate transport and PSD requirement, we note that Albuquerque-Bernalillo County's satisfaction of the applicable infrastructure SIP PSD requirements for attainment/unclassifiable areas with regards to the 2008 Pb NAAQS have been detailed in the section addressing section 110(a)(2)(C). Therefore, we deem that the SIP has presumptively satisfied the interstate transport and PSD requirement.

    With regard to the applicable requirement for interstate transport and visibility protection, significant impacts from Pb emissions from stationary sources are expected to be limited to short distances from the source and most, if not all, stationary sources of Pb emissions are located at sufficient distances from Class I areas such that visibility impacts would be negligible. Although Pb can be a component of coarse and fine particles, Pb generally comprises only a small fraction of coarse and fine particles. A recent EPA study conducted to evaluate the extent that Pb could impact visibility concluded that Pb-related visibility impacts at Class I areas were found to be insignificant (e.g., less than 0.10%).8 Given this information, that there are no significant point sources of Pb emissions and that the County is not near an interstate border we deem the SIP meets the interstate transport and visibility protection.

    8 Analysis by Mark Schmidt, OAQPS, “Ambient Pb's Contribution to Class I Area Visibility Impairment,” June 17, 2011.

    Section 110(a)(2)(D)(ii) also requires that the SIP ensure compliance with the applicable requirements of sections 126 and 115 of the CAA, relating to interstate and international pollution abatement, respectively. Section 126(a) of the CAA requires new or modified sources to notify neighboring states of potential impacts from sources within the State. Albuquerque-Bernalillo County regulations require that affected states, tribes and federal land managers receive notice prior to the commencement of any construction or significant modification of a major source. In addition, no source or sources located in Albuquerque-Bernalillo County have been identified by EPA as having any interstate impacts under section 126 in any pending actions relating to any air pollutant.

    Section 115 of the CAA authorizes EPA to require a state to revise its SIP under certain conditions to alleviate international transport into another country. There are no final findings under section 115 of the CAA against New Mexico with respect to any air pollutant. Thus, the State's SIP does not need to include any provisions to meet the requirements of section 115.

    Based upon review of the State's infrastructure SIP submission for the 2008 Pb NAAQS, and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County has the adequate infrastructure needed to address sections 110(a)(2)(D)(i)(I) and (II) (all 4 interstate transport requirements), and 110(a)(2)(D)(ii) for the 2008 Pb NAAQS and is proposing to approve this element of the May 2, 2012, submission.

    (E) Adequate authority, resources, implementation, and oversight: The SIP must provide for the following: (1) Necessary assurances that the state (and other entities within the state responsible for implementing the SIP) will have adequate personnel, funding, and authority under state or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) requirements relating to state boards; and (3) necessary assurances that the state has responsibility for ensuring adequate implementation of any plan provision for which it relies on local governments or other entities to carry out that portion of the plan.

    Both elements A and E address the requirement that there is adequate authority to implement and enforce the SIP and that there are no legal impediments.

    This i-SIP submission for the 2008 Pb NAAQS describes the SIP regulations governing the various functions of personnel within the AQP and the Air Board, including the administrative, technical support, planning, enforcement, and permitting functions of the program.

    With respect to funding, the resources to carry out the plan are provided through General Funds, Permit Fees and the CAA grant process. Permit Fees are collected under the authority of section 74-2-7.

    As required by the CAA and the Environmental Improvement Act (EIA), the SIP stipulates that any members of the board or body, or the head of an agency with similar powers, adequately disclose any potential conflicts of interest. NMSA 1978 section 74-1-4 provides the Air Board contain at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to or who appear before the board on issues related to the CAA or the Air Act. Board members are required to recuse themselves from rule-makings in which their impartiality may reasonably be questioned.

    With respect to assurances that the Air Board has responsibility to implement the SIP adequately when it authorizes local or other agencies to carry out portions of the plan, the EIA and the AQCA designate the Air Board as the primary air pollution control agency within Albuquerque-Bernalillo County. The statutes allow for local agencies to carry out some or all of the Act's responsibilities.

    The Albuquerque-Bernalillo County Air Quality Control Board assumes jurisdiction for local administration and enforcement of the AQCA in Bernalillo County. There are Albuquerque/Bernalillo County SIP provisions which are part of the New Mexico SIP.9

    9 Albuquerque/Bernalillo County SIP http://yosemite.epa.gov/r6/Sip0304.nsf/home!OpenView&Start=1&Count=30&Collapse=4.4#4.4 orhttps://www.law.cornell.edu/cfr/text/40/52.1620.

    (F) Stationary source monitoring system: The SIP requires the establishment of a system to monitor emissions from stationary sources and to submit periodic emission reports. It must require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources, to monitor emissions from sources. The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related data from sources, and require that the state correlate the source reports with emission limitations or standards established under the CAA. These reports must be made available for public inspection at reasonable times.

    Requirements in 20.11.47 NMAC, Emission Inventory Requirements provide for the reporting of emissions inventories in a format established by AQP on a schedule prescribed by the regulation. There also are SIP state regulations pertaining to sampling and testing and requirements for reporting of emissions inventories. In addition, SIP rules establish general requirements for maintaining records and reporting emissions. This information is used to track progress towards measuring the NAAQS, developing control and maintenance strategies, identifying sources and general emission levels, and determining compliance with SIP regulations and additional EPA requirements.

    (G) Emergency authority: The SIP must provide for authority to address activities causing imminent and substantial endangerment to public health or welfare or the environment and to include contingency plans to implement such authorities as necessary.

    The AQCA provides the New Mexico Environment Department with authority to address environmental emergencies, inclusive of contingency plans to implement emergency episode provisions.

    Pursuant to 40 CFR 51, Subpart H, Prevention of Air Pollution Emergency Episodes, on January 26, 1989, the Air Board adopted the Air Pollution Contingency Plan for Bernalillo County [8/21/91, 56 FR 38074; 40 CFR 52.1639, Prevention of Air Emergency Episodes], which is part of the SIP, which covers air pollution episodes and the occurrence of an emergency due to the effects of the pollutants on the health of persons.

    (H) Future SIP revisions: States must have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS.

    Albuquerque-Bernalillo County's SIP is a compilation of regulations, plans and submittals that act to improve and maintain air quality in accordance with national standards. The authority to develop or revise the SIP is based on the authority to adopt new regulations and revise existing regulations to meet the NAAQS. NMSA 1978 section 74-7-5 gives the board the authority to perform these functions. Section 74-7-5 also gives the board the authority to adopt regulations to abate, control and prohibit air pollution throughout Albuquerque-Bernalillo County in accordance with the State Rules Act. Nothing in New Mexico's statutory or regulatory authority prohibits Albuquerque-Bernalillo County from revising the SIP in the event of a revision to the NAAQS. The AQCA specifically requires revisions to the SIP if the scenarios set forth in Section 110(a)(2)(H) occur.

    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of part D of the CAA, relating to SIP requirements for designated nonattainment areas.

    As noted earlier, EPA does not expect infrastructure SIP submissions to address subsection (I). The specific SIP submissions for designated nonattainment areas, as required under CAA title I, part D, are subject to different submission schedules than those for section 110 infrastructure elements. Instead, EPA will take action on part D attainment plan SIP submissions through a separate rulemaking process governed by the requirements for nonattainment areas, as described in part D. The Albuquerque-Bernalillo County nonattainment new source review (NNSR) provisions required for the 2008 Pb NAAQS and other NAAQS were approved as part of the SIP (72 FR 20728, April 26, 2007).

    Additionally, Albuquerque-Bernalillo County presently does not contain any non-attainment areas for Pb.

    (J) Consultation with government officials, public notification, PSD and visibility protection: The SIP must meet the following three requirements: (1) Relating to interagency consultation regarding certain CAA requirements; (2) relating to public notification of NAAQS exceedances and related issues; and, (3) prevention of significant deterioration of air quality and visibility protection.

    (1) Interagency consultation: As required by the AQCA, there must be a public hearing before the adoption of any regulations or emission control requirements and all interested persons must be given a reasonable opportunity to submit data, view documents, or argue orally or in writing and to examine testimony of witnesses from the hearing. In addition, the AQAC provides for the power and duty to “advise, consult, contract with and cooperate with local authorities, other states, the federal government and other interested persons or groups in regard to matters of common interest in the field of air quality control . . . ”. Furthermore, New Mexico's PSD SIP rules mandate public participation and notification regarding permitting applications to any other state or local air pollution control agencies, local government officials of the city or county where the source will be located, tribal authorities, and Federal Land Managers (FLMs) whose lands may be affected by emissions from the source or modification. The State's Transportation Conformity SIP rules also provide procedures for interagency consultation, resolution of conflicts, and public notification.

    (2) Public Notification: The i-SIP provides the SIP regulatory citations requiring the Air Board to regularly notify the public of instances or areas in which any NAAQS are exceeded, advise the public of the health hazard associated with such exceedances, and enhance public awareness of measures that can prevent such exceedances and ways in which the public can participate in efforts to improve air quality. 20.11.82 NMAC, Rulemaking Procedures—Air Quality Board, stipulates notice requirements for rulemaking and is used as a guide for notice requirements when adopting SIPs.

    (3) PSD and Visibility Protection: The PSD requirements here are the same as those addressed under (C). The Albuquerque-Bernalillo County, New Mexico SIP requirements relating to visibility and regional haze are not affected when EPA establishes or revises a NAAQS. Therefore, EPA believes that there are no new visibility protection requirements due to the revision of the NAAQS, and consequently there are no newly applicable visibility protection obligations pursuant to infrastructure element J after the promulgation of a new or revised NAAQS.

    (K) Air quality and modeling/data: The SIP must provide for performing air quality modeling, as prescribed by EPA, to predict the effects on ambient air quality of any emissions of any NAAQS pollutant, and for submission of such data to EPA upon request.

    AQP has the duty, authority and technical capability to conduct air quality modeling, pursuant to the AQCA, in order to assess the effect on ambient air quality of relevant pollutant emissions; and can provide relevant data as part of the permitting and NAAQS implementation process. AQP follows EPA guidelines for air dispersion modeling. Upon request, AQP will submit current and future data relating to air quality modeling to EPA.

    (L) Permitting Fees: The SIP must require each major stationary source to pay permitting fees to the permitting authority, as a condition of any permit required under the CAA, to cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies until a fee program established by the state pursuant to title V of the CAA, relating to operating permits, is approved by EPA.

    The fee requirements of 20.11.2 NMAC have been approved by EPA as meeting the CAA requirements and were incorporated into the Albuquerque-Bernalillo County, New Mexico SIP [4/10/80, 45 FR 24468]. Albuquerque-Bernalillo County's title V operating permit program codified at 20.11.42 NMAC, Operating Permits, was approved by EPA on 9/8/04 [FR vol. 69, No. 173, pp. 54244-47]. In addition, see element (E) above for the description of the mandatory collection of permitting fees outlined in the SIP.

    (M) Consultation/participation by affected local entities: The SIP must provide for consultation and participation by local political subdivisions affected by the SIP.

    New Mexico State Statute Section 74-2-5.2 State Air Pollution Control Agency; Specific Duties and Powers of the Department, states that, “The department is the state air pollution control agency for all purposes under federal legislation relating to pollution. The department is required to “advise, consult, contract and cooperate with local authorities, other states, the federal government and other interested persons or groups in regard to matters of common interest in the field of air quality control.” Also see element (J) above for a discussion of the SIP's public participation process, the authority to advise and consult, and the PSD SIP's public participation requirements.

    III. Proposed Action

    EPA is proposing to approve the May 2, 2012, infrastructure SIP submission from Albuquerque-Bernalillo County, New Mexico, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb NAAQS. Specifically, EPA is proposing to approve the following infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing action pertaining to section 110(a)(2)(I)—Nonattainment Area Plan or Plan Revisions as EPA believes this need not be addressed in the i-SIP. Based upon review of the state's infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in these submissions or referenced in Albuquerque-Bernalillo County, New Mexico's SIP, EPA believes that Albuquerque-Bernalillo County, New Mexico has the infrastructure in place to address all applicable required elements of sections 110(a)(1) and (2) to ensure that the 2008 Pb NAAQS are implemented in the county. We also are proposing to approve the State's demonstration that it meets the four statutory requirements for interstate transport of Pb emissions.

    IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead (Pb), Reporting and recordkeeping requirements.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 2, 2015. Ron Curry, Regional Administrator, Region 6.
    [FR Doc. 2015-22862 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0380; FRL-9933-64-Region 5] Air Plan Approval; Indiana; SO2 Revision for Walsh and Kelly AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a request submitted by the Indiana Department of Environmental Management on June 1, 2015, to revise its state implementation plan (SIP) for sulfur dioxide (SO2). The revision updates information regarding Walsh and Kelly, Incorporated, a hot mix asphalt plant located in Griffith, Lake County, Indiana. Walsh and Kelly, Incorporated, is replacing its aggregate drum dryer. The revision does not change any of the SO2 control requirements and will not result in an increase in SO2 emissions.

    DATES:

    Comments must be received on or before October 13, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0380 by one of the following methods:

    1. www.regulations.gov: Follow the on-line instructions for submitting comments.

    2. Email: [email protected]

    3. Fax: (312) 692-2450.

    4. Mail: Pamela Blakley, Chief, Control Strategies Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments.

    FOR FURTHER INFORMATION CONTACT:

    Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Final Rules section of this Federal Register, EPA is approving Indiana's SO2 SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If EPA does not receive adverse comments in response to this rule, no further activity is contemplated. If EPA receives adverse comments, EPA will withdraw the direct final rule and will address all public comments received in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule, and if that provision can be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register.

    Dated: August 28, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-22715 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0464; FRL-9933-63-Region 5] Air Plan Approval; Wisconsin; Wisconsin State Board Requirements AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) submissions from Wisconsin regarding the state board requirements under section 128 of the Clean Air Act (CAA). EPA is also proposing to approve elements of SIP submissions from Wisconsin regarding the infrastructure requirements of section 110 relating to state boards for the 1997 ozone, 1997 fine particulate (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS).

    DATES:

    Comments must be received on or before October 13, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R05-OAR-2015-0464, by one of the following methods:

    1. www.regulations.gov: Follow the on-line instructions for submitting comments.

    2. Email: [email protected].

    3. Fax: (312) 408-2279.

    4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-2015-0464. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected].

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. What should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? III. What guidance is EPA using to evaluate these SIP submissions? IV. What is the result of EPA's review of these SIP submissions? V. What action is EPA taking? VI. Incorporation by Reference. VII. Statutory and Executive Order Reviews. I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:

    1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).

    2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

    3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

    4. Describe any assumptions and provide any technical information and/or data that you used.

    5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

    6. Provide specific examples to illustrate your concerns, and suggest alternatives.

    7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

    8. Make sure to submit your comments by the comment period deadline identified.

    II. What is the background of these SIP submissions?

    This rulemaking addresses submissions from the Wisconsin Department of Natural Resources (WDNR) dated July 2, 2015. These submissions are intended to address CAA requirements relating to the state board requirements under section 128, as well as infrastructure requirements of section 110 relating to state boards for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    The requirement for states to make infrastructure SIP submissions arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

    EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as “infrastructure SIP” submissions. Although the term “infrastructure SIP” does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA. This specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) element of these infrastructure SIP requirements, which is the only infrastructure SIP element addressed in WDNR's submittal dated July 2, 2015.

    III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these submissions is highlighted in an October 2, 2007, guidance document entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.51 National Ambient Air Quality Standards” (2007 Guidance). Further guidance is provided in a September 13, 2013, document entitled “Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)” (2013 Guidance).

    1 PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as “fine” particles.

    IV. What is the result of EPA's review of these SIP submissions?

    Pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. WDNR provided notice of a public comment period on May 9, 2015, held a public hearing at WDNR State Headquarters on June 9, 2015, and closed the public comment period on June 11, 2015. No comments were received.

    Wisconsin provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 128 and 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as applicable. The following review evaluates the state's submissions.

    A. Section 128

    Section 128 of the CAA includes just one subsection labeled “(a)”, which contains two explicit requirements: (1) That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (2) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.

    On July 2, 2015, WDNR submitted rules from Wisconsin Statutes (Wis. Stats.) for incorporation into the SIP, pursuant to section 128 of the CAA. Wisconsin maintains a state board, called the Wisconsin Natural Resources Board (NRB). However, the NRB's functions are purely regulatory, advisory, and policy-making. Under Wis. Stats. 15.05, the administrative powers and duties of the WDNR, including issuance of permits and enforcement orders, are vested in the secretary. Under the statutes that govern its operations, the NRB does not and cannot approve permits or enforcement orders. Therefore, Wisconsin has no further obligations under section 128(a)(1) of the CAA.

    Under section 128(a)(2) of the CAA, the head of the executive agency with the power to approve permits or enforcement orders must adequately disclose any potential conflicts of interest. In Wisconsin, this power is vested in the Secretary of the WDNR. Wis. Stats. 19.45(2) prevents financial gain of any public official, which addresses the issue of deriving any significant portion of income from persons subject to permits and enforcement orders. Additionally, Wis. Stats. 19.46 prevents a public official from taking actions where there is a conflict of interest. As a public official under Wis. Stats. 19, the Secretary of the WDNR is subject to these ethical obligations. As requested in WDNR's submission, EPA is proposing to incorporate Wis. Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA proposes that these statutes satisfy all requirements under section 128 of the CAA.

    B. Section 110(a)(2)(E)(ii)

    Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA.

    In its submittal dated July 2, 2015, WDNR requested that Wis. Stats. 15.05, 19.45(2), and 19.46 be applied not only to obligations under section 128 of the CAA, but also to infrastructure SIP requirements for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. EPA therefore proposes that Wisconsin has met the infrastructure SIP requirements of this portion of section 110(a)(2)(E)(ii) with respect to the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    V. What Action is EPA Taking?

    EPA is proposing to incorporate Wis. Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA is further proposing to approve these submissions as meeting CAA obligations under section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

    VI. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Wis. Stats. 15.05, effective July 2, 2013, Wis. Stats. 19.45(2), effective May 11, 1990, and Wis. Stats. 19.46, effective February 17, 2007. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

    • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 28, 2015. Susan Hedman, Regional Administrator, Region 5.
    [FR Doc. 2015-22713 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 88 [Docket No. CDC-2015-0063, NIOSH-287] RIN 0920-AA61 World Trade Center Health Program; Addition of New-Onset Chronic Obstructive Pulmonary Disease and Acute Traumatic Injury to the List of WTC-Related Health Conditions AGENCY:

    Centers for Disease Control and Prevention, HHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The World Trade Center (WTC) Health Program, at the direction of the Administrator, conducted a review of published studies regarding potential evidence of chronic obstructive pulmonary disease (COPD) and acute traumatic injury among individuals who were responders to or survivors of the September 11, 2001, terrorist attacks. The Administrator of the WTC Health Program found that these studies provided substantial support for a causal relationship between the health conditions and 9/11 exposures. As a result, the Administrator has determined to publish a proposed rule to add new-onset COPD and to add acute traumatic injury to the List of WTC-Related Health Conditions eligible for treatment coverage in the WTC Health Program.

    DATES:

    Comments must be received by October 26, 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-2015-0063) or Regulation Identifier Number (0920-AA61) for this rulemaking. All relevant comments, including any personal information provided, will be posted without change to http://www.regulations.gov. For detailed instructions on submitting public comments, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: For access to the docket to read background documents, 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: Table of Contents I. Executive Summary A. Purpose of Regulatory Action B. Summary of Major Provisions C. Costs and Benefits II. Public Participation III. Background A. WTC Health Program Statutory Authority B. Methods Used by the Administrator to Determine Whether to Add Non-Cancer Health Conditions to the List of WTC-Related Health Conditions IV. COPD A. CCE and Data Center Request to Consider Adding New-Onset COPD B. Literature Review C. Administrator's Determination Concerning New-Onset COPD V. Acute Traumatic Injury A. CCE and Data Center Request to Consider Adding Acute Traumatic Injury B. Literature Review C. Administrator's Determination Concerning Acute Traumatic Injury VI. Effects of Rulemaking on Federal Agencies VII. Summary of Proposed Rule VIII. Regulatory Assessment Requirements A. Executive Order 12866 and Executive Order 13563 B. Regulatory Flexibility Act C. Paperwork Reduction Act D. Small Business Regulatory Enforcement Fairness Act E. Unfunded Mandates Reform Act of 1995 F. Executive Order 12988 (Civil Justice) G. Executive Order 13132 (Federalism) H. Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks) I. Executive Order 13211 (Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use) J. Plain Writing Act of 2010 I. Executive Summary A. Purpose of Regulatory Action

    This rulemaking is being conducted in order to add new-onset COPD and acute traumatic injury to the List of WTC-Related Health Conditions (List). Following requests by the directors of the WTC Health Program Clinical Centers of Excellence (CCE) and Data Centers to the WTC Health Program to consider adding the two conditions,1 the Administrator conducted literature reviews regarding COPD and acute traumatic injury among 9/11 responders and survivors. Based on the findings of those reviews, he determined that the evidence for causal relationships between 9/11 exposures and COPD and acute traumatic injury, respectively, provides bases for the addition of both health conditions. The Administrator proposes adding new-onset COPD and acute traumatic injury to the List.

    1 Crane M, Lucchini R, Moline J, Prezant D, Kelly K, Udasin I, Luft B, Harrison D, Reibman J, Markowitz S [2014]. Letter from CCE and Data Center Directors to Dori Reissman and John Halpin, WTC Health Program regarding “Musculoskeletal Conditions;” and Crane M, Lucchini R, Moline J, Prezant D, Kelly K, Udasin I, Luft B, Harrison D, and Reibman J [2014]. Letter from CCE and Data Center Directors to Dori Reissman and John Halpin, WTC Health Program regarding “Rationale for the continued certification of COPD as a World Trade Center related and covered condition.” These letters are included in the docket for this rulemaking.

    B. Summary of Major Provisions

    This rule proposes the addition of new-onset COPD and acute traumatic injury to the List of WTC-Related Health Conditions in 42 CFR 88.1. As a result, these conditions will be eligible for treatment and monitoring coverage by the WTC Health Program.

    C. Costs and Benefits

    The proposed addition of new-onset COPD and acute traumatic injury by this rulemaking is estimated to cost the WTC Health Program between $5,124,477 and $9,350,966 in 2015 and 2016. All of the costs to the WTC Health Program are transfers. Benefits to current and future WTC Health Program members may include improved access to care and better treatment outcomes than in the absence of Program coverage.

    II. Public Participation

    Interested persons or organizations are invited to participate in this rulemaking by submitting written views, opinions, recommendations, and/or data. Comments are invited on any topic related to this proposed rule. The Administrator invites comments specifically on the following questions related to this rulemaking:

    1. Is September 11, 2003 an appropriate deadline by which an individual must have received initial medical treatment for an acute traumatic injury?

    2. Is there evidence of acute traumatic injuries that occurred as a result of the September 11, 2001, terrorist attacks that would not be covered by the proposed definition? What are the types of long-term consequences or medically associated health conditions that result from the treatment or progression of acute traumatic injuries like those sustained on or after September 11, 2001?

    3. Are data available on the chronic care needs of individuals who suffered acute traumatic injuries during the September 11, 2001, terrorist attacks, and its aftermath that the Administrator can use to estimate the number of current and future WTC Health Program members who may seek certification of WTC-related acute traumatic injuries as well as treatment costs?

    4. Are data available on the prevalence and cost estimates for new-onset COPD?

    Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.

    Comments submitted electronically or by mail should be titled “Docket No. CDC-2015-0063” 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 the Administrator of the WTC Health Program.

    The Administrator has determined that good cause exists to extend the traditional 30-day comment period to 45 days. The comment period is extended to provide interested parties, including peer-reviewers, adequate time to review the proposed rule and supporting scientific literature and to submit written comments to the docket.

    III. Background A. WTC Health Program Statutory Authority

    Title I of the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L. 111-347), amended the Public Health Service Act (PHS Act) to add Title XXXIII,2 establishing the WTC Health Program within the Department of Health and Human Services (HHS). The WTC Health Program provides medical monitoring and treatment benefits to eligible firefighters and related personnel, law enforcement officers, and rescue, recovery, and cleanup workers who responded to the September 11, 2001, terrorist attacks in New York City, at the Pentagon, and in Shanksville, Pennsylvania (responders), and to eligible persons who were present in the dust or dust cloud on September 11, 2001 or who worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area (survivors).

    2 Title XXXIII of the PHS Act is codified at 42 U.S.C. 300mm to 300mm-61. Those portions of the Zadroga Act found in Titles II and III of Public Law 111-347 do not pertain to the WTC Health Program and are codified elsewhere.

    All references to the Administrator of the WTC Health Program (Administrator) in this notice mean the Director of the National Institute for Occupational Safety and Health (NIOSH) or his or her designee. Section 3312(a)(6) of the PHS Act requires the Administrator to conduct rulemaking to propose the addition of a health condition to the List of WTC-Related Health Conditions (List) codified in 42 CFR 88.1.

    B. Methods Used by the Administrator to Determine Whether to Add Non-Cancer Health Conditions to the List of WTC-Related Health Conditions

    Consideration of an addition to the List of WTC-Related Health Conditions (List) may be initiated at the Administrator's discretion 3 or following receipt of a petition by an interested party.4 Under 42 CFR 88.17, the Administrator has established a process by which health conditions may be considered for addition to the List of WTC-Related Health Conditions in § 88.1. Pursuant to sec. 3312(a)(6)(D) of Title XXXIII of the PHS Act, the Administrator is required to publish a notice of proposed rulemaking and allow interested parties to comment on the proposed rule.

    3 PHS Act, sec. 3312(a)(6)(A); 42 CFR 88.17(b).

    4 PHS Act, sec. 3312(a)(6)(B); 42 CFR 88.17(a).

    The Administrator has established a methodology for evaluating whether to add non-cancer health conditions to the List of WTC-Related Health Conditions; this methodology is published online in the Policies and Procedures section of the WTC Health Program Web site.5 The Administrator will direct the WTC Health Program Associate Director for Science (ADS) to conduct a review of the scientific literature to determine if the available scientific information has the potential to provide a basis for a decision on whether to add the condition to the List. The literature review will include published, peer-reviewed direct observational and/or epidemiological studies about the health condition among 9/11-exposed populations. The studies will be reviewed for their relevance, quantity, and quality to provide a basis for deciding whether to propose adding the health condition to the List. Where the available evidence has the potential to provide a basis for a decision, the ADS will further assess the scientific and medical evidence to determine whether a causal relationship between 9/11 exposures and the health condition is supported. A health condition may be added to the List if published, peer-reviewed direct observational or epidemiologic studies provide substantial support 6 for a causal relationship between 9/11 exposures and the health condition in 9/11-exposed populations. If only epidemiologic studies are available and they provide only modest support 7 for a causal relationship between 9/11 exposures and the health condition, the Administrator may then evaluate additional published, peer-reviewed epidemiologic studies, conducted among non-9/11-exposed populations, evaluating associations between the health condition of interest and 9/11 agents.8 If that additional assessment establishes substantial support for a causal relationship between a 9/11 agent or agents and the health condition, the health condition may be added to the List.

    5 Howard J, Administrator of the WTC Health Program. Policy and procedures for adding non-cancer conditions to the List of WTC-Related Health Conditions. October 21, 2014. http://www.cdc.gov/wtc/pdfs/WTCHP_PP_Adding_NonCancers_21_Oct_2014.pdf.

    6 The substantial evidence standard is met when the Program assesses all of the available, relevant information and determines with high confidence that the evidence supports its findings regarding a causal association between the 9/11 exposure(s) and the health condition.

    7 The modest evidence standard is met when the Program assesses all of the available, relevant information and determines with moderate confidence that the evidence supports its findings regarding a causal association between the 9/11 exposure(s) and the health condition.

    8 9/11 agents are chemical, physical, biological, or other agents or hazards reported in a published, peer-reviewed exposure assessment study of responders or survivors who were present in the New York City disaster area, or at the Pentagon site, or the Shanksville, Pennsylvania site as those locations are defined in 42 CFR 88.1.

    IV. COPD A. CCE and Data Center Request to Consider Adding New-Onset COPD

    On May 13, 2014, the Administrator received a letter from the directors of the WTC Health Program Clinical Centers of Excellence (CCEs) and Data Centers, asking that the Administrator consider all requests for certification of COPD.9 The Zadroga Act and WTC Health Program regulations identify “WTC-exacerbated chronic obstructive pulmonary disease (COPD)” as a covered health condition.10 However, the CCE and Data Center directors requested that the Administrator determine that COPD is a certifiable WTC condition, regardless of the date of onset.11 In order to certify all cases of COPD, including cases diagnosed after the September 11, 2001, terrorist attacks, new-onset COPD would need to be added to the List of WTC-Related Health Conditions. The Administrator directed the ADS to initiate a review of research regarding COPD in 9/11-exposed populations in order to determine whether there was support for such an addition.

    9See: Crane M, Lucchini R, Moline J, Prezant D, Kelly K, Udasin I, Luft B, Harrison D, Reibman J [2014]. Rationale for the continued certification of COPD as a World Trade Center related and covered condition. Letter from WTC Health Program Data Center and Clinical Centers of Excellence Directors to Drs. Dori Reissman and John Halpin, WTC Health Program. This letter is included in the docket for this rulemaking.

    10 PHS Act, sec. 3312(a)(3)(A)(v); 42 CFR 88.1.

    11 COPD letter from WTC Health Program CCE and Data Center Directors to Drs. Dori Reissman and John Halpin, WTC Health Program at 8.

    B. Literature Review

    In accordance with the established methodology for the addition of non-cancers to the List, the Administrator charged the ADS with conducting a review of the relevant, peer-reviewed, published studies of 9/11-exposed populations.

    Because definitions of COPD vary among authorities, the ADS first had to identify the best definition for the purposes of the WTC Health Program. The ADS looked to the Global Initiative for Chronic Obstructive Lung Disease (GOLD), a collaboration between the National Heart, Lung, and Blood Institute of the National Institutes of Health and the World Health Organization as a point of reference. GOLD defines COPD as persistent airflow limitation that is usually progressive and associated with an enhanced chronic inflammatory response in the airways and the lung to noxious particles or gases.12 COPD is an umbrella term that encompasses those pulmonary conditions exhibiting chronic inflammation of the airways, lung tissue, and pulmonary blood vessels and persistent airflow limitation: A combination of large and small airways disease (obstructive chronic bronchitis 13 and obstructive bronchiolitis, respectively) and parenchymal destruction (emphysema).14 According to GOLD, the three principal symptoms of COPD are dyspnea (shortness of breath), chronic cough, and sputum production; the most common early symptom is dyspnea on exertion (DOE). COPD should always be considered when these lower respiratory symptoms and history of exposure to risk factors for the disease are present. Because many of the symptoms of COPD are similar to asthma symptoms, both conditions are classified as obstructive airways diseases (OAD). The airway obstruction in asthma is usually reversible after bronchodilator therapy, whereas the obstruction in COPD is poorly-reversible or irreversible.15 While asthma is not included under the term COPD, people with asthma may develop COPD over time.16

    12 Global Initiative for Chronic Obstructive Lung Disease (GOLD), Global strategy for the diagnosis, management, and prevention of chronic obstructive pulmonary disease, updated 2014. http://www.goldcopd.org/uploads/users/files/GOLD_Report_2014_Jan23.pdf.

    13 Chronic bronchitis is defined by the presence of a productive cough of more than 3 months' duration for more than two successive years. It becomes obstructive chronic bronchitis if spirometric evidence of airflow obstruction develops. See: Chronic Obstructive Pulmonary Disease (COPD) [2014]. In R.S. Porter et al. (Eds.), The Merck manual of diagnosis and therapy. http://www.merckmanuals.com/professional/pulmonary_disorders/chronic_obstructive_pulmonary_disease_and_related_disorders/chronic_obstructive_pulmonary_disease_copd.html.

    14 Emphysema is destruction of lung parenchyma (the portion of the lung involved in gas transfer, including the alveoli, alveolar ducts and respiratory bronchioles) leading to loss of elastic recoil and loss of alveolar septa and radial airway traction, which increases the tendency for airway collapse. Lung hyperinflation, airflow limitation, and air trapping are present. See: Chronic Obstructive Pulmonary Disease (COPD) [2014]. In R.S. Porter et al. (Eds.), The Merck manual of diagnosis and therapy. http://www.merckmanuals.com/professional/pulmonary_disorders/chronic_obstructive_pulmonary_disease_and_related_disorders/chronic_obstructive_pulmonary_disease_copd.html.

    15 American Thoracic Society [1987]. Standards for the diagnosis and care of patients with chronic obstructive pulmonary disease (COPD) and asthma. Official statement of the American Thoracic Society was adopted by the Board of Directors, November 1986. Am Rev Respir Dis. 136(1):225-244.

    16 Global Initiative for Asthma [2015]. Global strategy for asthma management and prevention; updated 2015. http://www.ginasthma.org/local/uploads/files/GINA_Report_2015.pdf.

    Diagnosis of COPD requires the use of a spirometry test, which measures how much and how quickly an individual inhales and exhales air from his or her lungs. The diagnosis of COPD is confirmed by a spirometry test demonstrating poorly-reversible or irreversible airways obstruction (i.e., the proportion of vital capacity that an individual is able to expire in the first second of expiration [FEV1/FVC or FEV1%] is below 70 percent) after use of a bronchodilator. Although spirometry is the standard diagnostic test for COPD, in some circumstances, impulse oscillometry (IOS) can be complementary to spirometry, especially in patients at advanced age and with physical or mental disorders who cannot be diagnosed through spirometry. IOS assesses airway resistance and frequency dependence of resistance (FDR). FDR provides a measure of nonuniformity of airflow distribution, which may reflect regional functional abnormalities in the distal airways not captured by the spirometry test.

    In accordance with the GOLD definition, described above, the ADS initiated a literature search for “chronic obstructive pulmonary disease,” “chronic bronchitis,” “pulmonary emphysema,” “pulmonary function decline,” “respiratory insufficiency,” “airways obstruction,” and “airflow limitation.” 17 The literature search yielded 108 study citations; the associated study abstracts were reviewed for relevance to 9/11-exposed populations.18 Of the 108 citations identified, 36 were determined to be relevant epidemiologic studies of 9/11-exposed populations. Relevant papers were then further reviewed for their quality and potential to provide a basis for deciding whether to propose adding the health condition to the List of WTC-Related Health Conditions. Only papers that reported post-9/11 lower respiratory symptomatology and objective measurements of airways obstruction, such as pre- and post-9/11 spirometry with bronchodilator administration or IOS, were found to exhibit potential support for an addition recommendation. Quality was assessed by the presence or absence of major limitations, such as small size or poor comparability of study groups; use of unreliable or invalid measurement instruments; and if little or no attention was given to key confounders which would call into question the validity of the study results. Based on these criteria, the ADS found six relevant papers which exhibited potential to provide a basis for a decision regarding whether to propose the addition of new-onset COPD to the List. The six papers are summarized below.

    17 Databases searched include: PubMed, Embase, CINAHL, Web of Science, Health & Safety Science Abstracts, and Toxline.

    18 Only epidemiologic studies of 9/11-exposed populations were considered to be relevant. Case series and review papers were not found to be relevant.

    Weiden et al. [2010] 19 sought to determine the pathophysiologic basis for observed reductions in lung function among 1,720 Fire Department of New York (FDNY) rescue workers (firefighters and emergency medical service personnel) who presented for pulmonary evaluation between September 12, 2001 and March 10, 2008. Exposure intensity was categorized based on first arrival time at the WTC site as follows: High exposure if they arrived during the morning of September 11, 2001, intermediate exposure if they arrived after the morning of September 11, 2001, but within the first 2 days, and low exposure if they arrived between days 3 and 14. Pre-9/11 spirometry results were available for 92 percent of participants. Researchers obtained 919 full pulmonary function tests (bronchodilator response, lung volumes, diffusing capacity); 1,219 methacholine challenge tests to screen for asthma; and 982 high-resolution computed tomography (HRCT) scans, allowing them to report correlations between physiologic and radiographic measures. All physiologic tests pointed to airway obstruction with air trapping (demonstrated by the increase in residual volume) which correlated with the decline in FEV1 post-9/11, bronchodilator responsiveness, and hyperreactivity. HRCT findings of bronchial wall thickening (which reflects proximal airway inflammation and/or remodeling) and emphysema were reported in 26 percent and 12 percent of the participants, respectively. Importantly, airway abnormalities on CT scans also correlated with physiologic measures. The authors concluded that airways injury and obstruction were the predominant pathophysiologic characteristics among study participants.

    19 Weiden MD, Ferrier N, Nolan A, Rom WN, Comfort A, Gustave J, Zeig-Owens R, Zheng S, Goldring RM, Berger KI, Cosenza K, Lee R, Webber MP, Kelly KJ, Aldrich TK, Prezant D [2010]. Obstructive airways disease with air trapping among firefighters exposed to World Trade Center dust. Chest. 137(3):566-574.

    Aldrich et al. [2010] 20 evaluated the long-term effects of exposure to WTC dust on FDNY members who responded to the September 11, 2001, terrorist attacks. The authors analyzed the pulmonary function (FEV1) of both active and retired FDNY rescue workers on the basis of spirometry routinely performed at intervals of 12 to 18 months from March 12, 2000 to September 11, 2008. The authors observed a large decline in FEV1 values at 6 months and 12 months after September 11, 2001, especially among the firefighters with the heaviest dust exposure (those arriving at the WTC site on the morning of September 11, 2001). After the initial decline in the first year, the adjusted FEV1 continued to decline in smokers and non-smokers with little or no recovery in lung function during the subsequent 6 years. The authors concluded that the large decline in FEV1 after September 11, 2001, was indicative of airways injury due to 9/11 exposures.

    20 Aldrich TK, Gustave J, Hall CB, Cohen HW, Webber MP, Zeig-Owens R, Cosenza K, Christodoulou V, Glass L, Al-Othman F, Weiden MD, Kelly KJ, Prezant D [2010]. Lung function in rescue workers at the World Trade Center after 7 years. N Engl J Med. 362(14):1263-1272.

    Webber et al. [2011] 21 examined the prevalence of physician-diagnosed respiratory conditions in FDNY members up to 9 years after rescue/recovery efforts in the New York City disaster area. The authors reviewed self-reported physician diagnoses of asthma, chronic bronchitis, COPD/emphysema, and sinusitis from the most recent physical health survey conducted by the FDNY Bureau of Health Services and physician diagnoses obtained from FDNY electronic medical records. The study population consisted of 10,943 firefighters and EMS workers who first arrived at the site within 2 weeks of the terrorist attacks. All participants were free of COPD and emphysema before September 11, 2001, and less than 1 percent had asthma. The authors found the prevalence rates of both self-reported and physician diagnoses of OAD, i.e., asthma, chronic bronchitis, COPD/emphysema, and sinusitis were elevated, exceeding rates in the general population for individuals of a similar age. The highest proportion of FDNY responders with physician-diagnosed OAD had the lowest lung function (FEV1% predicted), indicating that 9/11 exposure had resulted in disease. The authors were unable to attribute these diagnoses to any other occupational exposures.

    21 Webber MP, Glaser MS, Weakley J, Soo J, Ye F, Zeig-Owens R, Weiden MD, Nolan A, Aldrich TK, Kelly K, Prezant D [2011]. Physician-diagnosed respiratory conditions and mental health symptoms 7-9 years following the World Trade Center disaster. Am J Ind Med. 54(9):661-671.

    Weakley et al. [2011] 22 compared the prevalence of self-reported post-9/11 physician-diagnosed respiratory conditions (sinusitis, asthma, COPD/emphysema, and bronchitis) in 9/11-exposed FDNY firefighters to the prevalence in demographically similar National Health Interview Survey (NHIS) participants by year. The authors analyzed 45,988 questionnaires completed by 10,999 firefighters from October 2001 to September 2010. They reported higher rates of respiratory diagnoses in 9/11-exposed firefighters compared to the U.S. male general population, regardless of smoking status. Prevalence ratios, comparing FDNY to NHIS rates, were highest for COPD/emphysema and bronchitis. Because of the decrease in structural fires, improvement in personal protective equipment, and the decline in smoking rates among firefighters, the authors discounted normal firefighting activities as the cause of the increase in respiratory diagnoses.

    22 Weakley J, Webber MP, Gustave J, Kelly K, Cohen HW, Hall CB, Prezant DJ [2011]. Trends in respiratory diagnoses and symptoms of firefighters exposed to the World Trade Center disaster: 2005-2010. Prev Med. 53(6):364-369.

    Friedman et al. [2011] 23 also examined the relationship between 9/11 exposures, post-9/11 lower respiratory symptoms, and pulmonary function in a nested case-control study of exposed survivors 7-8 years after September 11, 2001. The cases examined in the study were 274 WTC Health Registry participants who reported post-9/11 onset of a lower respiratory symptom. One-third of the cases further reported post-9/11 physician diagnoses of asthma, chronic bronchitis, chronic obstructive pulmonary disease, or emphysema. Registry participants without lower respiratory symptoms or inhaler use and no current or past lung disease were used as control subjects. Only never-smokers participated in this study. Pulmonary function was assessed by spirometry and IOS. A higher proportion of abnormal spirometry results (obstructive and restrictive patterns) was found among cases than control subjects. IOS measurements of airway resistance and FDR (indicative of distal airways dysfunction) were significantly higher in cases than in control subjects, even when spirometry was normal. Lower respiratory symptoms were found significantly associated with IOS measurements but not with spirometry. Both exposure factors and IOS outcomes were associated with persistent symptoms, but exposure was not associated with IOS outcomes in the absence of symptoms. Certain exposure factors, including dust cloud density, smoke at home or work, and dust at home or work, were the strongest predictors of case status. The authors concluded that the association between post-9/11 onset of lower respiratory symptoms and lung function abnormalities detected by spirometry and IOS several years later were indicative of persistent airway disease with distal airways dysfunction as a contributing mechanism for these symptoms.

    23 Friedman SM, Maslow CB, Reibman J, Pillai PS, Goldring RM, Farfel MR, Stellman SD, Berger KI [2011]. Case-control study of lung function in World Trade Center Health Registry area residents and workers. Am J Respir Crit Care Med. 184(5):582-589.

    In a follow-up to the Friedman study reviewed above, Maslow et al. [2012] 24 assessed associations between repeatedly reported lower respiratory symptoms and detailed measures of both acute and chronic 9/11-related exposures. Acute exposures involved contact with the dust cloud created by the towers' collapse. Chronic factors were based on conditions in the home or work site through December 31, 2001, such as the extent of dust coverage; the duration of detectable smoke, fumes, and other odors; and whether the participant engaged in or was exposed to cleaning. The authors concluded that both acute and chronic exposures to the events of 9/11 were independently associated, often in a dose-dependent manner, with lower respiratory symptoms reported 2 to 3 years and again 5 to 6 years after September 11, 2001 by individuals who lived and worked in the WTC area.

    24 Maslow CB, Friedman SM, Pillai PS, Reibman J, Berger KI, Goldring R, Stellman SD, Farfel M [2012]. Chronic and acute exposures to the world trade center disaster and lower respiratory symptoms: Area residents and workers. Am J Public Health. 102(6):1186-1194.

    C. Administrator's Determination Concerning New-Onset COPD

    The ADS assessed each of the six studies described above according to the methodology established by the Administrator. The studies were assessed for relevance, quality, bias, and confounding by applying criteria extrapolated from the Bradford Hill criteria.25

    25 Criteria extrapolated from Bradford Hill criteria include: (i) Strength of the association between a ­9/11 exposure and a health condition (including the magnitude of the effect and statistical significance); (ii) Consistency of the findings across multiple studies; (iii) Biological gradient, or dose-response relationships between 9/11 exposures and the health condition; and (iv) Plausibility and coherence with known facts about the biology of the health condition. See: Howard J, Administrator of the WTC Health Program. Policy and procedures for adding non-cancer conditions to the List of WTC-Related Health Conditions. October 21, 2014. http://www.cdc.gov/wtc/policies.html#46.

    First, the studies were assessed for strength of the association between 9/11 exposures and a health condition (including the magnitude of the effect and statistical significance). Weiden et al. reported statistically significant longitudinal declines in FEV1, greater than expected by age or weight gain, among firefighters with documented high levels of exposure. Aldrich et al. reported significant substantial declines in FEV1 over the first year after the September 11, 2001, terrorist attacks and little lung function recovery among the FDNY participants 6 years after the disaster. The firefighters with the heaviest dust exposure (those arriving at the WTC site on the morning of the disaster) had significantly larger declines than did those arriving at later times. Importantly, the findings of both studies were independent of smoking history. A major limitation of both studies was the lack of spirometry during the first days after September 11, 2001, preventing the authors from determining whether some workers had an even more severe immediate decline in FEV1 and subsequent incomplete recovery. The possibility of systematic bias occurring due to the change of spirometer equipment between measurements and a loss-to-follow-up effect due to drop out of severely affected participants from the study over time (survivor effect) were additional concerns [Aldrich et al.]; however, these appeared to have been minimized by further statistical analyses and strong cohort retention rate, respectively.

    In addition to the Weiden and Aldrich studies, strength of association was also demonstrated by Weakley et al., who found that annual estimates from 2007-2009 indicated prevalence ratios of chronic bronchitis and COPD/emphysema that were significantly higher among exposed white male firefighters than unexposed white males (stratified by age and smoking status), with greater disparity in the younger age group (18-44 years). Similarly, Webber et al. reported significant associations of 9/11 exposures and reduced pulmonary function with physician-diagnosed asthma, chronic bronchitis, and COPD/emphysema in a high proportion of FDNY rescue workers, indicating that persistent respiratory injury since exposure to the WTC had resulted in obstructive airways disease. A major limitation of both studies was the use of self-reported diagnoses, including diagnoses made by any physician (FDNY or otherwise) and self-diagnoses, which may have over-inflated the prevalence rates. This limitation is a concern, especially for COPD/emphysema, which can be defined in a variety of ways; the definition used can have a significant impact on the population estimates of the burden of disease. However, many cases of COPD/emphysema in this cohort were also diagnosed by FDNY physicians [Webber et al.] who were trained to diagnose respiratory diseases using defined diagnostic criteria after integrating the history, physical examination, spirometry, pulmonary function testing and chest imaging findings.

    Finally, among WTC Health Registry (Registry) participants, exposure factors (dust cloud density, smoke at home or work, and dust at home or work) and IOS outcomes (indicative of distal airways obstruction) were statistically associated with persistent post-9/11 onset of lower respiratory symptoms [Friedman et al.]. Both acute and chronic exposures to the events of September 11, 2001 were independently associated with lower respiratory symptoms among individuals who lived and worked in the area of the WTC site [Maslow et al.]. Limitations of these studies include the use of spirometry and IOS measurements from a single visit and the possibility of selection bias from Registry surveys. However, the demographics were similar among Registry participants and those who were eligible but chose not to participate in the studies.

    The studies were next assessed for consistency of their findings. Objective findings of new onset, post-9/11 and persistent airflow limitation, as well as physician-diagnosed cases of COPD, including chronic bronchitis and COPD/emphysema, were identified among symptomatic FDNY responders for whom pre-9/11 results were available [Weiden et al.; Aldrich et al.; Webber et al.; Weakley et al.]. Elevated rates of lung function abnormalities, including distal airway dysfunction, new and persistent lower respiratory symptomatology, and a few post-9/11 self-reported physician diagnoses of chronic bronchitis, COPD, and emphysema were also described among non-FDNY residents and area workers up to 9 years after September 11, 2001 [Friedman et al.; Maslow et al.].

    The studies were also reviewed to assess the biological gradient or dose-response relationships between 9/11 exposures and the health condition. Newly developed lower respiratory symptoms and persistent pulmonary function abnormalities suggestive of airways injury and obstruction were significantly associated with 9/11 exposure in the FDNY studies, even after accounting for cigarette smoking. [Weiden et al.; Aldrich et al.; Webber et al.; Weakley et al.] Maslow et al. observed strong, significant associations and dose-response relationships between lower respiratory symptoms and every measure of severity of dust cloud exposure among WTC Health Registry participants. Weiden et al. also found a dose-response gradient (upward trend) in FDNY responders presenting for pulmonary evaluation due to reports of functional impairment or abnormalities in screening spirometry or chest radiographs. However, in this group of patients, exposure intensity had a significant impact only when spirometry obtained within 1 year post-9/11 was compared to spirometry from 1 year pre-9/11. This suggests that while initial exposure intensity is the critical determinant of acute inflammation and early reductions in lung function, the clinical course of non-resolving airway inflammation and airways obstruction appears to be dependent not only on the intensity of the initial insult, but also on the host's inflammatory response, reflecting the complexity of genetic-environmental interactions.

    Finally, the studies were reviewed for plausibility and coherence with known facts about the biology of the health condition. Exposure to the massive alkaline dust cloud produced by the collapse of the WTC buildings was reportedly associated with upper and lower airway irritation with penetration into the bronchial tree, distal airways, and alveoli leading to respiratory symptoms, pulmonary function changes, and chronic inflammation. These are known contributing risk factors for the development of COPD.26 Persistent pulmonary function findings of reduced FEV1, FVC and the ratio of FEV1/FVC, bronchial hyperreactivity, variable response to bronchodilator, and abnormal oscillometry were indicative of airway injury. Airway disease was also identified as bronchial wall thickening and air trapping by HRCT [Weiden et al.]. Air trapping (demonstrated by increased residual volume) was correlated with bronchodilator responsiveness; however, the lack of quantitative radiographic measurement of air trapping was a limitation of this study. Interestingly, the authors noted that bronchodilator response can be seen in COPD patients when air trapping is present. Epidemiologically, identification of occupationally-related COPD is based on observing excess occurrence of COPD among exposed workers.27 Among 9/11-exposed populations, this excess occurrence can be expressed not only by the increased prevalence ratios of new-onset post-9/11 self-reported and physician-diagnosed chronic bronchitis and emphysema/COPD in the FDNY cohort [Webber et al.; Weakley et al.], but also by evidence of persistent and progressive airflow limitation among all other symptomatic exposed groups [Friedman et al.; Maslow et al.].

    26 Rom WN, Reibman J, Rogers L, Weiden MD, Oppenheimer B, Berger K, Goldring R, Harrison D, Prezant D [2010]. Emerging exposures and respiratory health: World Trade Center dust. Proc Am Thorac Soc. 7(2):142-145.

    27 Balmes J, Becklake M, Blanc P, Henneberger P, Kreiss K, Mapp C, Milton D, Schwartz D, Toren K, Viegi G [2003]. American Thoracic Society Statement: Occupational contribution to the burden of airway disease. Am J Respir Crit Care Med. 167:787-797.

    In summary, obstructive airways disease is a category that includes both asthma and the umbrella term COPD, which itself includes obstructive chronic bronchitis, obstructive bronchiolitis, and emphysema. Upon assessment of the literature discussed above, the Administrator has found evidence that exposure to WTC dust is associated with the development of new-onset lower respiratory symptoms, prolonged airway inflammation and persistent airflow limitation, which are the main indicators of chronic airways obstruction. While it is difficult to demonstrate that the airway obstruction found in WTC survivors and responders is due to COPD versus asthma, three studies reported cases of physician-diagnosed COPD/emphysema, one reported on IOS findings of air trapping and increased small airways resistance, and another study reported on HRCT findings of bronchial wall thickening, air trapping and emphysema, indicating that some proportion of OAD cases found in WTC survivors and responders could be interpreted as COPD. Further, because some cases of asthma are known to progress to COPD, it is likely that some of the diagnosed cases of asthma seen in these and other epidemiologic studies of the 9/11-exposed populations have already progressed to COPD.

    In order to propose the addition of a health condition to the List, the Administrator must determine with high confidence that the evidence supports the findings regarding a causal association between 9/11 exposure(s) and the health condition. In this instance, the Administrator finds there is substantial evidence that the 9/11 exposures produced chronic airway inflammation manifested by persistent lower respiratory symptomatology and decline in pulmonary function which may have progressed to new-onset COPD in a proportion of exposed subjects in the period since exposure, independently from any cigarette smoking among the cohort. This evidence provides substantial support for a causal relationship between 9/11 exposures and new-onset COPD.

    V. Acute Traumatic Injury A. CCE and Data Center Request To Consider Adding Acute Traumatic Injury

    On May 13, 2014, the Administrator received a letter from the directors of the WTC Health Program CCEs and Data Centers supporting “coverage of not only heavy lifting or repetitive strain but significant traumatic injuries like head trauma, burns, fractures, tendon tears and serious complex sprains” within the WTC Health Program.28 The directors suggested that such significant traumatic injuries should be included under the Program's existing coverage of musculoskeletal disorders. The directors offered data collected by the WTC Health Program Data Centers and the WTC Health Registry, demonstrating the numbers of individuals who might need chronic care for traumatic injuries. The Administrator was also aware that some individuals have experienced certain musculoskeletal injuries or other injuries caused by known hazards present at sites of the September 11, 2001, terrorist attacks that may not meet the definition provided in the Act for musculoskeletal disorders. Based on these concerns, the Administrator requested that the ADS conduct a literature review regarding acute traumatic injuries among 9/11-exposed individuals.

    28 Musculoskeletal Conditions letter from WTC Health Program CCE and Data Center directors to Dori Reissman and John Halpin, WTC Health Program at 1. This letter is included in the docket for this rulemaking.

    B. Literature Review

    In accordance with the methodology discussed above, the ADS initiated a search of published, peer-reviewed studies of traumatic injuries suffered by responders, recovery workers, and survivors as a result of the terrorist attacks on September 11, 2001, and the subsequent response and recovery efforts. Search terms used in the literature review included, “wounds,” “lacerations,” “brain injury(ies),” “injury(ies),” “crush(ing),” “burn(s),” “ocular,” and “fracture(s).” 29

    29 Databases searched include: PubMed, CINAHL, Web of Science, EMBASE, Health & Safety Science Abstracts, and NIOSHTIC-2.

    The literature search yielded over 300 citations; the associated study abstracts were reviewed for relevance to 9/11-exposed populations.30 Of the 300 citations identified, nine were determined to be relevant direct observational studies of 9/11-exposed populations. Relevant papers were then further reviewed for their quality and potential to provide a basis for deciding whether to propose adding the health condition to the List of WTC-Related Health Conditions. Only papers that reported on acute traumatic injuries that occurred in at least one of the three September 11, 2001, terrorist attack sites during the period from September 11, 2001 to July 31, 2002 were found to exhibit potential for a recommendation. Quality was assessed by the absence of major study limitations and the use of standardized data collection methods such as standard forms or checklists. Based on these criteria, one relevant study was not found to be of sufficient quality to be included in the analysis because it did not identify the authors' data collection methods. Of the remaining eight studies, the methods used to collect the information and the definitions of the types of injuries vary. The time frame studied and the populations covered sometimes overlap between the studies, but taken together the studies provide an overview of the types of traumatic injuries that were sustained at the sites of the September 11, 2001, terrorist attacks. Accordingly, the ADS found the eight relevant papers exhibited potential to provide a basis for a decision regarding whether to propose the addition of acute traumatic injury to the List. The studies are summarized below.

    30 Only direct observational studies of 9/11-exposed populations were considered to be relevant.

    Berrios-Torres et al. [2003] 31 reviewed the data collected by five Disaster Medical Assistance Teams (DMATs) deployed by the U.S. Public Health Service to the site of the terrorist attack in New York City and by four hospital emergency departments (EDs) located within a 3-mile radius of the site. The DMATs and EDs were tasked with conducting surveillance of injury and illness among construction workers, FDNY and other fire department members, New York Police Department (NYPD) and other police department members, emergency medical service technicians (EMS), and the Federal Emergency Management Agency's Urban Search and Rescue members, all of whom were considered rescue and recovery workers. Of the 5,222 rescue workers who received medical care from either the DMATs or EDs between September 14, 2001 and October 11, 2001, 89 percent visited DMAT facilities and 12 percent visited EDs. Injuries including, but not limited to, sprain/strain, laceration, abrasion, contusion, fracture, and crush were the leading cause of visits to DMATs and EDs (19 percent) and hospital admissions (40 percent). Other visits and admissions were caused by burns, concussions, and eye-related conditions, including corneal abrasion and eye irritation.

    31 Berrios-Torres SI, Greenko JA, Phillips M, Miller JR, Treadwell T, Ikeda RM [2003]. World Trade Center rescue worker injury and illness surveillance, New York, 2001. Am J Prev Med 25:79-87.

    Perritt et al. [2005] 32 analyzed DMAT data collected between September 14, 2001 and November 20, 2001. Patients who presented to the DMAT stations included rescue and recovery workers, as well as some members of the general public. Of the 9,349 patient visits recorded by the DMATs, more than 25 percent were attributed to traumatic injuries, not including eye injuries. Among the 22 patients with the highest triage severity classification, five involved traumatic injuries such as carbon monoxide poisonings, abrasions, needlesticks, electrical injuries, and first or second degree burns. Of the 149 patients with a moderate level of severity, 58 had traumatic injuries. For the 6,237 patients classified into the lowest severity category, 1,984 had traumatic injuries. Of the 116 patients transferred to a hospital emergency department, 67 were treated for traumatic injuries.

    32 Perritt KR, Boal WL, Helix Group [2005]. Injuries and illnesses treated at the World Trade Center, 14 September-20 November 2001. Prehosp Disast Med 20:177-183.

    Banauch et al. [2002] 33 reported on all injuries and illnesses during the 24 hours after the September 11, 2001, terrorist attacks and all traumatic injuries (including those sustained within the first 24 hours) sustained in the first 3 months after the attacks. Researchers identified cases from the FDNY Bureau of Health Services computerized medical data base. During the first 24 hours after the terrorist attacks, 240 FDNY rescue workers sought emergency medical treatment, including 28 individuals who required hospitalization. Twenty-four of the hospitalized FDNY workers had traumatic injuries including fractures, back trauma, knee meniscus tears, and facial burns. Researchers compared monthly mean incidence rates for crush injuries, lacerations, and fractures for the 9 months preceding the attacks with rates during the month after the attacks and found a 200 percent increase in the incident rate for crush injuries, a 35 percent increase for lacerations, and a 29 percent increase for fractures. Incident rates for such traumatic injuries after the first month following the attack then returned to levels similar to those observed before the attacks. According to the authors, nearly a year after the terrorist attacks, a total of 90 FDNY rescue workers were on medical leave or light duty assignments because of orthopedic injuries reported during the first 3 months of activity at the New York City site.

    33 Banauch G, McLaughlin M, Hirschhorn R, Corrigan M, Kelly K, Prezant D [2002]. Injuries and illnesses among New York City Fire Department rescue workers after responding to the World Trade Center attacks. MMWR September 11, 2002, 51(Special Issue):1-5.

    The New York City Department of Health (NYCDOH) [2002] 34 issued a report summarizing findings of a field investigation to assess injuries and use of healthcare services by survivors of the terrorist attack. The researchers reviewed emergency department (ED) and inpatient medical records at the four hospitals closest to the WTC site and a fifth hospital that served as a burn referral center. Of 790 injured survivors treated within 48 hours of the terrorist attacks, 50 percent received care within the first 7 hours and 18 percent were hospitalized. Among those hospitalized survivors, many sustained burns. Survivors with fractures, burns, closed head injuries, and crush injuries were hospitalized for additional treatment.

    34 New York City Department of Health (NYCDOH) [2002]. Rapid assessment of injuries among survivors of the terrorist attacks on the World Trade Center—New York City, September 2001. MMWR January 11, 2002, 51(01):1-5.

    Perritt et al. [2011] 35 reviewed data collected between July 2002 and April 2004 from the WTC Worker and Volunteer Medical Screening Program (which would later be known as the WTC Medical Monitoring and Treatment Program, the precursor to the WTC Health Program) to monitor the health of qualified New York City responders who worked and/or volunteered south of Canal Street in Manhattan, on the barge loading piers in Manhattan, or at the Staten Island landfill for at least 24 hours during September 11-30, 2001 or for at least 80 hours between September 11 and December 31, 2001. The screening program did not include FDNY members. Records from 7,810 participants were analyzed, with most participants' activities associated with work in either the construction industry or law enforcement. Approximately a third of the participants reported at least one injury or illness requiring medical treatment that was sustained during response activities. A total of 4,768 injuries/illnesses were reported by these participants, with 961 individuals reporting traumatic injuries such as lacerations, punctures, sprain/strains, tears, abrasions, contusions, burns, fractures, dislocations and 709 individuals reporting eye injuries.

    35 Perritt KR, Herbert R, Levin SM, Moline J [2011]. Work-related injuries and illnesses reported by World Trade Center response workers and volunteers. Prehosp Disast Med 26(6): 401-407.

    Yurt et al. [2005] 36 reported on the number of burn patients (the authors did not specify whether the patients were responders or survivors) that had been transported to any of five burn units near the WTC site shortly after the attack. A total of 42 patients were transported from the WTC site and treated at one of the five burn units.

    36 Yurt RW, Bessey PQ, Bauer GJ, Dembicki R, Laznick H, Alden N, Rabbits A [2005]. A regional burn center's response to a disaster: September 11, 2001, and the days beyond. J Burn Care Rehab 26: 117-124.

    Rutland-Brown et al. [2007] 37 reviewed the medical records of hospitalized responders (the authors do not clarify whether FDNY members are included in the study) and survivors of the terrorist attacks in New York City with the goal of identifying diagnosed and undiagnosed traumatic brain injuries (TBIs).38 The authors identified 14 cases of diagnosed and 21 cases of undiagnosed TBIs, from records provided by 36 hospitals. The leading cause of TBI was being hit by falling debris (22 cases), with other cases caused by being trampled or falling. One-third of the TBIs (13 cases) occurred among rescue workers. More than 3 years after the event, four out of six persons with an undiagnosed TBI who were contacted reported they currently were experiencing symptoms consistent with a TBI.

    Wang et al. [2005] 39 reported on the experience of hospitals in the area around the Pentagon after the terrorist attacks. According to the authors, few severely injured patients were treated at these hospitals and the traumatic injuries treated at these hospitals included orthopedic injuries, head injuries, burns, and lacerations. No reports of traumatic injuries that may have been treated at the site were identified.

    37 Rutland-Brown W, Langlois JA, Nicaj L, Thomas RG, Wilt SA, Bazarian JJ [2007]. Traumatic brain injuries after mass-casualty incidents: Lessons from the 11 September 2001 World Trade Center attacks. Prehosp Disast Med 22(3):157-164.

    38 Undiagnosed or undetected TBIs were identified by an adjudication team of TBI experts that reviewed the abstracted medical record information for signs and symptoms of TBIs.

    39 Wang D, Sava J, Sample G, Jordan M [2005]. The Pentagon and 9/11. Crit Care Med 33:S42-S47.

    C. Administrator's Determination Concerning Acute Traumatic Injury

    The ADS assessed each of the identified studies according to the methodology established by the Administrator. All of the studies discussed above were observational reports of visits by responders and survivors to area hospitals, burn units, and DMATs. Because these were direct observational studies rather than epidemiologic studies, they were assessed for relevance, quality, and quantity to determine whether, taken together, they provide substantial evidence supporting the addition of acute traumatic injury to the List.

    First, the ADS assessed the relevance of the eight studies described above. Because most of the individuals who were treated at the DMATs and in area hospitals sustained injuries from fires and falling debris in the conduct of rescue operations or fleeing from the site, all of the studies reference the period of time immediately following the September 11, 2001, terrorist attacks, and several refer to data collected for months after. The studies assessed by the ADS demonstrate the occurrence of the same types of acute traumatic injuries identified by the directors of the CCEs and Data Centers in their letter: Severe burns, head trauma, fractures, tendon tears, and complex sprains. Other similar injuries identified in the studies include eye injuries, lacerations, and orthopedic injuries. There were no severe types of injuries referenced in the surveillance literature that have not been documented by the CCEs. Furthermore, the ADS determined that all of the referenced types of injuries could be described as being caused by a brief exposure to energy. Accordingly, the ADS found these eight studies to be relevant.

    Next, the ADS assessed the quality of the studies and found that many shared common limitations, such as: incomplete data sets (e.g., potential inability to include individuals who sustained only minor injuries, or who were treated outside of Manhattan, by private doctors, or by themselves); missing or inconsistent information on hastily-completed medical forms, including lack of information about patients' work activity or residency; and recall bias. It is understandable that certain demographic data were not captured by healthcare providers in the chaotic days and weeks after the September 11, 2001, terrorist attacks; the missing data are not essential to the Administrator's understanding of the types of acute traumatic injuries sustained. Although injury rates are used to develop the economic analysis found in this document, the consideration of whether to propose the addition of acute traumatic injury to the List is not contingent upon knowing the exact prevalence of types of injuries sustained by responders or survivors. Accordingly, the ADS finds that the studies reviewed above are of sufficient quality and quantity to allow the Administrator to develop an understanding of the type and scope of the traumatic injuries suffered on September 11, 2001, or in its aftermath.

    Finally, the ADS assessed the quantity of the studies and found it to be sufficient. The eight relevant studies analyzed and reviewed overlapping populations affected by the attacks and response activities. Taken together, the studies provide a broad coverage of the affected populations and consistent information on the types of acute traumatic injuries that occurred. Because data regarding responders to the Pentagon and Shanksville, Pennsylvania sites is limited, the ADS found it appropriate to extrapolate the findings discussed above, which predominantly concern the New York City site, to all responder populations because of the similar hazards at all three sites.

    In summary, the 9/11 exposures for acute traumatic injuries were the conditions at the sites during the attacks, collapses, evacuations, recovery, and clean-up. Acute traumatic injuries documented in the published scientific literature were sustained by construction workers, police officers, firefighters, emergency medical service technicians, others engaged in response activities, and survivors. Hazards at the WTC site, at the Pentagon, and in Shanksville, Pennsylvania may have included, but are not limited to, falling debris, fires, chemical reactions, explosions, and other dangers. These hazards caused a range of injuries, such as abrasions, burns, concussions, contusions, corneal abrasions, crushes, dislocations, eye irritation, fractures, head trauma, lacerations, orthopedic injuries, punctures, sprains/strains, and tears. Many of these types of injuries were likely minor, and did not require substantial or on-going attention. In their letter to the Administrator, the CCE and Data Center directors identified severe burns, head trauma, fractures, tendon tears, and complex sprains as those types of acute traumatic injuries that should be added to the List of WTC-Related Health Conditions for all WTC Health Program members. Accordingly, the Administrator has determined that the types of injuries most likely to have resulted in the need for medical treatment and monitoring by the WTC Health Program are those types identified by the CCE and Data Center directors and in the injury surveillance literature reviewed above.

    Upon review of the evidence provided by the relevant published, peer-reviewed direct observational studies discussed above, the Administrator finds substantial support for a causal association between 9/11 exposures and acute traumatic injuries.

    VI. Effects of Rulemaking on Federal Agencies

    Title II of the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L. 111-347) reactivated the September 11th Victim Compensation Fund (VCF). Administered by the U.S. Department of Justice (DOJ), the VCF provides compensation to any individual or representative of a deceased individual who was physically injured or killed as a result of the September 11, 2001, terrorist attacks or during the debris removal. Eligibility criteria for compensation by the VCF include a list of presumptively covered health conditions, which are physical injuries determined to be WTC-related health conditions by the WTC Health Program. Pursuant to DOJ regulations, the VCF Special Master is required to update the list of presumptively covered conditions when the List of WTC-Related Health Conditions in 42 CFR 88.1 is updated.40

    40 28 CFR 104.21(b).

    VII. Summary of Proposed Rule

    For the reasons discussed above, the Administrator proposes to amend 42 CFR 88.1, List of WTC-Related Health Conditions, paragraph (1)(v), to add “new-onset” to the existing “WTC-exacerbated chronic obstructive pulmonary disease (COPD).” This will permit the WTC Health Program to certify cases of COPD determined to have been caused or contributed to by 9/11 exposures (considered “new-onset” cases), in addition to those cases of COPD which were exacerbated by 9/11 exposures and which are already included on the List.

    For the reasons discussed above, the Administrator also proposes to add “acute traumatic injury” to the List of WTC-Related Health Conditions. The Administrator proposes to define the term “acute traumatic injury” as a type of injury characterized by physical damage to a person's body, including, but not limited to, eye injuries, severe burns, head trauma, fractures, tendon tears, complex sprains, and similar injuries. The injury must have been caused by and occurred immediately after exposure to hazards or adverse conditions characterized by a one-time exposure to energy resulting from the terrorist attacks or their aftermath; this requirement is intended to distinguish these types of injuries from musculoskeletal disorders, which are already on the List of WTC-Related Health Conditions. Musculoskeletal disorders are generally caused by repetitive motion; acute traumatic injuries are caused by a specific event or incident. Examples of acute traumatic injuries include but are not limited to a blow from falling debris, a fall from a height or a trip suffered during evacuation, rescue, or recovery activities, and burns or other injuries caused by the ignition of combustible materials, chemical reactions, and explosions. Although these types of injury occur at the time of the blow, fall, explosion, or other exposure, symptoms of the injury may not immediately manifest.

    The Administrator proposes to limit the availability of certification of acute traumatic injuries to those WTC Health Program members who received initial medical treatment for the injury no later than September 11, 2003. The Administrator has determined that this date offers a reasonable amount of time in which to expect that an injured responder or survivor received treatment for an acute traumatic injury. The proposed end-date of September 11, 2003, is the date originally used to identify traumatic injuries determined to be eligible for treatment by the WTC Medical Monitoring and Treatment Program that pre-dated the WTC Health Program. In addition, the PHS Act uses this date as the treatment cut-off date to identify musculoskeletal disorders eligible for certification in responders. The Administrator seeks comment on whether September 11, 2003, is an appropriate deadline.

    VIII. Regulatory Assessment Requirements A. Executive Order 12866 and Executive Order 13563

    Executive Orders (E.O.) 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 notice of proposed rulemaking has been determined not to be a “significant regulatory action” under sec. 3(f) of E.O. 12866. This rule proposes the addition of new-onset COPD 41 and acute traumatic injury to the List of WTC-Related Health Conditions established in 42 CFR 88.1. This rulemaking is estimated to cost the WTC Health Program between $5,124,477 and $9,350,966 for the years 2015 and 2016, the remaining years for which the WTC Health Program is currently funded under the Zadroga Act.42 All of the costs to the WTC Health Program will be transfers due to the implementation of provisions of the Patient Protection and Affordable Care Act (ACA) (Pub. L. 111-148) on January 1, 2014. This notice of proposed rulemaking has not been reviewed by the Office of Management and Budget (OMB). The rule would not interfere with State, local, and Tribal governments in the exercise of their governmental functions.

    41 WTC-exacerbated COPD is a statutorily covered condition pursuant to PHS Act sec. 3312(a)(3)(A)(v); this NPRM proposes to add new-onset COPD occurring after 9/11 exposures.

    42 Future cost and prevalence estimates described below are discounted at 3% and 7% in accordance with OMB Circular A-94, Guidelines and discount rates for benefit-cost analysis of Federal programs. The estimates are discounted in order to compute net present value.

    Population Estimates

    As of July 31, 2014, the WTC Health Program had enrolled 61,086 responders and 7,806 survivors (68,892 total). Of that total population, 56,334 responders and 4,754 survivors (61,088 total) were participants in previous WTC medical programs and were `grandfathered' into the WTC Health Program established by Title XXXIII of the PHS Act.43 From July 1, 2011 to July 31, 2014, 4,752 new responders and 3,052 new survivors (7,804 total) enrolled in the WTC Health Program. For the purpose of calculating a baseline estimate of new-onset COPD and acute traumatic injury prevalence, the Administrator projected that new enrollment would be approximately 4,000 per year (2,800 new responders and 1,200 new survivors), based on the trend in enrollees through July 31, 2014.

    43 These grandfathered members were enrolled without having to complete a new member application when the WTC Health Program started on July 1, 2011 and are referred to in the WTC Health Program regulations in 42 CFR part 88 as “currently identified responders” and “currently identified survivors.”

    CCE or Nationwide Provider Network physicians will conduct a medical assessment for each patient and make a determination, which the Administrator will then use to certify or not certify the health condition (in this case, new-onset COPD or an acute traumatic injury) for treatment by the WTC Health Program. However, for the purpose of this analysis, the Administrator has assumed that all diagnosed cases of new-onset COPD and acute traumatic injury will be certified for treatment by the WTC Health Program. Finally, because there are no existing data on new-onset COPD rates related to 9/11 exposures at either the Pentagon or Shanksville, Pennsylvania sites, and only limited data on acute traumatic injuries at the Pentagon, the Administrator has used only data from studies of individuals who were responders or survivors in the New York City area.

    Prevalence of New-Onset COPD

    To estimate the number of potential cases of WTC-related new-onset COPD to be certified for treatment by the WTC Health Program, we first subtracted the number of current members certified for an obstructive airways disease, including WTC-exacerbated COPD, from the total number of members.44 We then reviewed the surveillance literature to determine a prevalence rate for new-onset COPD among the non-OAD certified members. In studies of FDNY members with known pre-9/11 health status and high WTC exposure, Aldrich et al. reported that 2 percent of FDNY firefighters had an FEV1% below 70 percent of predicted 45 at year 1 after September 11, 2001 (a proportion that doubled 6.5 years later), and Webber et al. reported an approximate 4 percent prevalence of new-onset, self-reported, physician-diagnosed COPD/emphysema nearly ten years after rescue/recovery efforts at the WTC site. Because pre-9/11 health records were not available in studies of WTC survivors, the Administrator has determined that the 4 percent prevalence of new-onset COPD will be applied to survivor estimates as well.46 We applied the 4 percent prevalence to the number of remaining members and also to the projected annual enrollment of 4,000 new members to estimate the number of potential WTC-related new-onset COPD cases for 2015 and 2016. (See Table 1, below)

    44 Cases of COPD diagnosed prior to September 11, 2001, are presumed to be eligible for coverage as WTC-exacerbated COPD and therefore would not need coverage for new-onset COPD. Members already certified for an obstructive airway disease are also removed from the analysis because any progression to COPD (i.e., airflow limitation not fully reversible with bronchodilator) from their current certified WTC-related OAD condition could be considered a health condition medically-associated with the certified WTC-related OAD condition. See: Howard J [2014]. Health conditions medically associated with World Trade Center-related health conditions. http://www.cdc.gov/wtc/pdfs/WTCHPMedically%20AssociatedHealthConditions7November2014.pdf.

    45 FEV1% predicted is a marker for severity of airway obstruction. In the setting of post-bronchodilator FEV1/FVC ≤0.7, FEV1% predicted ≥80 indicates mild COPD; 50-80, moderate; 30-50, severe, and <30, very severe. See: American Thoracic Society COPD Guidelines [2004]. http://www.thoracic.org/clinical/copd-guidelines/for-health-professionals/definition-diagnosis-and-staging/definitions.php.

    46 The 4 percent prevalence of new-onset COPD that was observed among firefighters was used to estimate the number of expected cases of new-onset COPD in the entire exposed cohort and may result in an overestimation because of the differences in initial exposure intensity between responders and survivors.

    Table 1—Estimated Prevalence of 2015 and 2016 New-Onset COPD Cases 2015 2016 Total cases Undiscounted Responders 2,013 2,125 4,138 Survivors 291 339 630 Total 2,304 2,464 4,768 Discounted at 3% Responders 1,954 2,003 3,957 Survivors 283 320 603 Total 2,237 2,323 4,560 Discounted at 7% Responders 1,881 1,856 3,737 Survivors 272 296 568 Total 2,153 2,152 4,305 Prevalence of Acute Traumatic Injury

    While this rulemaking would make acute traumatic injuries eligible for certification, the Administrator assumes that the conditions most likely to receive treatment within the WTC Health Program will be those medically associated conditions which are the long-term consequences of the certified WTC-related acute traumatic injuries. Health conditions medically associated with WTC-related health conditions are determined on a case-by-case basis in accordance with WTC Health Program policy.47 Examples of such health conditions medically associated with an acute traumatic injury may include chronic back pain caused by vertebrae fractures, chronic peripheral neuropathy due to severe burns, and problems with executive brain function due to closed head injuries.

    47 Howard J [2014]. Health conditions medically associated with World Trade Center-related health conditions. http://www.cdc.gov/wtc/pdfs/WTCHPMedically%20AssociatedHealthConditions7November2014.pdf.

    Although we were able to estimate from the surveillance literature the number of responders and survivors who received medical treatment for acute traumatic injuries on or in the aftermath of September 11, 2001, we do not know the number of individuals who still experience health problems because of those traumatic injuries and are in need of chronic care. First, we estimated the number of persons in the responder and survivor populations with 9/11-related acute traumatic injuries by reviewing the studies referenced above in the acute traumatic injury literature review; we derived estimates from Berrios-Torres et al. [2003], Banauch et al. [2002], Perritt et al. [2011], and NYCDOH [2002]. Using the estimated prevalence for injury types, we then calculated the prevalence for these injuries among the responder 48 and survivor 49 populations. We applied that prevalence to the number of current and expected WTC Health Program members to find the number of individuals who may have suffered a WTC-related acute traumatic injury. Next, in order to estimate the proportion of those in the responder and survivor populations who suffered WTC-related acute traumatic injuries that require chronic care, we assumed that all patients with permanent partial and permanent total impairment caused by acute traumatic injuries will require chronic medical care and will enroll in the WTC Health Program. The National Safety Council estimated that 3.8 percent of non-fatal disabling injuries 50 are associated with permanent partial or permanent total impairment.51 We applied that estimate to the estimated number of current and expected WTC Health Program members who may have suffered a WTC-related acute traumatic injury to determine the number of individuals with WTC-related acute traumatic injuries who are in need of chronic care. (See Table 2, below.) The Administrator welcomes input on the assumptions and estimates used to determine the number of current and future WTC Health Program members who may seek certification of WTC-related acute traumatic injuries.

    48 The responder estimate is subject to two main assumptions. First, Banauch et al. report on FDNY members from September 11 to December 10, 2001, and we assume no additional injuries from December 11, 2001 until the site was closed in July 2002. The time period reported on by Banauch et al. likely encompasses a large majority of the injuries suffered by FDNY members. Second, Perritt et al. does not report directly on closed head injuries; therefore the number of closed head injuries reported by Berrios-Torres et al. for responders is used.

    49 We estimate the survivor prevalence from the NYCDOH study reports on survivors during the period from September 11-13, 2001. Although we understand that this reporting period likely encompasses a majority of the survivors who were injured, because the number of cases is based on those survivors who were treated for injuries only within the first 48 hours after the terrorist attacks, the reported number of cases likely underestimates the total number of survivors who sustained acute traumatic injuries as a result of the September 11, 2001, terrorist attacks.

    50 In 2011, the National Safety Council replaced the term “disabling injury” with “medically consulted injury.” See National Safety Council [2014]. Injury facts.

    51 A non-fatal disabling injury is one which results in some degree of permanent impairment or renders the injured person unable to effectively perform his regular duties or activities for a full day beyond the day of the injury. National Safety Council [1986]. Injury facts.

    Table 2—Estimated Prevalence of 2015 and 2016 Acute Traumatic Injury Cases 2015 2016 Total cases Undiscounted Responders 76 79 155 Survivors 9 10 19 Total 85 89 174 Discounted at 3% Responders 74 74 148 Survivors 9 9 18 Total 83 83 166 Discounted at 7% Responders 71 69 140 Survivors 8 9 17 Total 79 78 157 Costs of COPD Treatment

    The Administrator estimated the medical treatment costs associated with COPD in this rulemaking, using the methods described below, to be between $1,032 and $1,930 per case in 2014.

    The low estimate, $1,032 per case, was based on WTC Health Program costs associated with the treatment of WTC-exacerbated COPD for the period October 1, 2013 through September 30, 2014. These medical costs included medical services only.52 Discounting future medical costs for the following year (2015) at 3 percent would result in $1,002 and at 7 percent in $965 per member. Discounting future medical costs for one more year (2016) at 3 percent would result in $973 and at 7 percent in $901 per member.

    52 Costs may be underestimated because pharmaceuticals are not included in the analysis. Although the WTC Health Program does treat patients with WTC-exacerbated COPD, the cost of pharmaceuticals for this health condition is not readily available.

    The high estimate, $1,930 per case, was based on a study by Leigh et al. [2002].53 The authors estimated the cost of occupational COPD by aggregating and analyzing national data sets collected by the National Center for Health Statistics, the Health Care Financing Administration, and other government agencies and private firms. They concluded that there were an estimated 2,395,650 occupational cases of COPD in 1996 that resulted in medical costs estimated at $2.425 billion. Medical costs included payments to hospitals, physicians, nursing homes, and vendors of medical supplies, including oxygen, and also included the cost of pharmaceuticals. The medical cost per case was about $1,012 in 1996 dollars or about $1,930 in 2014, after adjusting for inflation using the Medical Consumer Price Index for all urban consumers. Discounting future medical costs for the following year (2015) at 3 percent would result in $1,874 and at 7 percent in $1,804 per COPD case. Discounting future medical costs for one more year (2016) at 3 percent would result in $1,819 and at 7 percent in $1,686 per COPD case.54

    53 Leigh JP, Romano PS, Schenker MB, Kreiss K [2002]. Costs of occupational COPD and asthma. Chest. Jan;121(1):264-272.

    54 The U.S. Preventive Services Task Force does not recommended screening for COPD. Screening for Chronic Obstructive Pulmonary Disease Using Spirometry. http://www.uspreventiveservicestaskforce.org/uspstf/uspscopd.htm. Accessed September 10, 2014.

    Table 3 below shows the net present value of the range of the medical treatment cost per COPD case for the period 2015-2016:

    Table 3—Present value of 2015 and 2016 Medical Treatment Cost per COPD Case in 2014 Dollars Source Year Undiscounted Discounted
  • at 3%
  • Discounted
  • at 7%
  • WTC Health Program 2015 $1,032 $1,002 $965 2016 1,032 973 901 Total 2,064 1,975 1,866 Leigh et al. (2002) 2015 1,930 1,874 1,804 2016 1,930 1,819 1,686 Total 3,860 3,693 3,490
    Costs of Acute Traumatic Injury Treatment

    The Administrator estimated the medical treatment costs associated with acute traumatic injury in this rulemaking using the methods described below. Because it is not possible to identify all possible types of acute traumatic injury for which a WTC responder or survivor might seek certification, we have identified several types of acute traumatic injury that may represent those types of acute traumatic injury that might be certified by the WTC Health Program. Representative examples of acute traumatic injuries include closed head injuries, burns, fractures, strains and sprains, orthopedic injuries (e.g., meniscus tear), ocular injuries, and crush injuries. The WTC Health Program estimates the cost of providing medical treatment for acute traumatic injury to be around $11,216 per case in 2014.

    This cost figure was based on a study by the National Council on Compensation Insurance (NCCI).55 The data source used in this study was NCCI's Medical Data Call (MDC). The MDC captures transaction-level detail on workers' compensation medical bills processed on or after July 1, 2010, including dates of service, charges, payments, procedure codes, and diagnosis codes; pharmaceutical costs are also included. The data used in this study were evaluated as of March 2013 for:

    55 Colón D [2014]. The impact of claimant age on late-term medical costs. NCCI Research brief, October 2014. https://www.ncci.com/documents/Impact-Claimant-Age-Late-Term-Med-Costs.pdf. Accessed February 4, 2015.

    • Long-term medical services provided in 2011 and 2012 (i.e., 20 to 30 years post injury)

    • Injuries occurring between 1983 and 1990

    • Claimants with dates of birth between 1920 and 1970

    • States for which NCCI collects MDC 56

    56 AK, AL, AR, AZ, CO, CT, DC, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, RI, SC, SD, TN, UT, VA, VT, WI, and WV

    For individuals born during 1951-1970, the medical cost per case was about $11,216 in 2014 dollars, after adjusting for inflation using the Medical Consumer Price Index for all urban consumers.57 Discounting future medical costs for the following year (2015) at 3 percent would result in $10,890 and at 7 percent in $10,482 per acute traumatic injury case. Discounting future medical costs for one more year (2016) at 3 percent would result in $10,572 and at 7 percent in $9,796 per traumatic injury case.

    57 Bureau of Labor Statistics. Consumer Price Index. https://research.stlouisfed.org/fred2/series/CPIMEDSL/downloaddata?cid=32419. Accessed November 5, 2014.

    Table 4 below shows the present value of the range of the medical treatment cost per traumatic injury case for the period 2015-2016:

    Table 4—Present Value of 2015 and 2016 Medical Treatment Cost per Acute Traumatic Injury Case in 2014 Dollars Source Year Undiscounted Discounted
  • at 3%
  • Discounted
  • at 7%
  • NCCI (2014) 2015 $11,216 $10,890 $10,482 2016 11,216 10,572 9,796 Total 22,432 21,462 20,278
    Summary of Costs

    This rulemaking is estimated to cost the WTC Health Program between $5,124,477 and $9,350,966 for the years 2015 and 2016.58 The analysis above offers an assumption about the number of individuals who might enroll in the WTC Health Program and estimates the number of new-onset COPD and acute traumatic injury cases and the resulting estimated treatment costs to the WTC Health Program. For the purpose of computing the treatment costs for new-onset COPD and acute traumatic injury, the Administrator assumed that all of the individuals who are diagnosed with either condition will be certified by the WTC Health Program for treatment and monitoring services. In the calculations found in Tables 5 and 6, below, estimated treatment costs were applied to the estimated number of cases of new-onset COPD and acute traumatic injuries. We assumed that 9 percent of new-onset COPD costs and 12 percent of acute traumatic injury costs for responders may be covered by workers' compensation each year; 59 accordingly, we adjusted only the responder estimates to clarify that 91 percent of COPD costs and 88 percent of acute traumatic injury costs will be paid by the WTC Health Program.60 This analysis does not include administrative costs associated with certifying additional diagnoses of new-onset COPD or acute traumatic injuries that are WTC-related health conditions that might result from this action. Those costs were addressed in the interim final rule that established regulations for the WTC Health Program (76 FR 38914, July 1, 2011).

    58 The low cost estimate reflects the low COPD treatment cost estimate using WTC Health Program data, discounted at 7 percent, from Table 5 and the acute traumatic injury treatment cost estimate, discounted at 7 percent, from Table 6. The high cost estimate reflects the high COPD treatment cost estimate using data from Leigh et al. (2002), discounted at 3 percent, from Table 5 and the acute traumatic injury treatment cost estimate, discounted at 3 percent, from Table 6.

    59See: WTC Health Program. Policy and procedures for recoupment and coordination of benefits: workers' compensation payment. http://www.cdc.gov/wtc/pdfs/WTCHP-PP-Recoupment-WComp-16-Dec-13.pdf.

    60 Workers' compensation rates are derived from WTC Health Program data.

    Since the implementation of provisions of the Affordable Care Act on January 1, 2014, all of the members and future members are assumed to have or have access to medical insurance coverage other than through the WTC Health Program. Therefore, all treatment costs to be paid by the WTC Health Program through 2016 are considered transfers. Tables 5 and 6 describe the estimated allocation of WTC Health Program transfer payments.

    Table 5—Present Value of 2015 and 2016 Medical Treatment Cost for New-Onset COPD Cases in 2014 Dollars Source
  • (costs)
  • Year Undiscounted Discounted at 3% Discounted at 7%
    Responders WTC Health Program 2015 $1,032 * 2,013 * .91 = $1,890,449 $1,002 * 1,954 * .91 = $1,781,696 $965 * 1,881 * .91 = $1,651,800 2016 $1,032 * 2,125 * .91 = $1,995,630 $973 * 2,003 * .91 = $1,773,516 $901 * 1,856 * .91 = $1,521,753 Survivors 2015 $1,032 * 291 = $300,312 $1,002 * 283 = $283,566 $965 * 272 = $262,480 2016 $1,032 * 339 = $349,848 $973 * 320 = $311,360 $901 * 296 = $266,696 Total $4,536,239 $4,150,138 $3,702,729 Responders Leigh et al. (2002) 2015 $1,930 * 2,013 * .91 = $3,535,432 $1,874 * 1,954 * .91 = $3,332,234 $1,804 * 1,881 * .91 = $3,087,925 2016 $1,930 * 2,125 * .91 = $3,732,138 $1,819 * 2,003 * .91 = $3,315,546 $1,686 * 1,856 * .91 = $2,847,587 Survivors 2015 $1,930 * 291 = $561,630 $1,874 * 283 = $530,342 $1,804 * 272 = $490,688 2016 $1,930 * 339 = $654,270 $1,819 * 320 = $582,080 $1,686 * 296 = $499,056 Total $8,483,470 $7,760,202 $6,925,256
    Table 6—Present Value of 2015 and 2016 Medical Treatment Cost for Acute Traumatic Injury Cases in 2014 Dollars Source
  • (costs)
  • Year Undiscounted Discounted at 3% Discounted at 7%
    Responders NCCI (2014) 2015 $11,216 * 76 * .88 = $750,126 $10,890 * 74 * .88 = $709,157 $10,482 * 71 * .88 = $654,915 2016 $11,216 * 79 * .88 = $779,736 $10,572 * 74 * .88 = $688,449 $9,796 * 69 * .88 = $594,813 Survivors 2015 $11,216 * 9 = $100,944 $10,890 * 9 = $98,010 $10,482 * 8 = $83,856 2016 $11,216 * 10 = $112,160 $10,572 * 9 = $95,148 $9,796 * 9 = $88,164 Total $1,742,966 $1,590,764 $1,421,748
    Examination of Benefits (Health Impact)

    This section describes qualitatively the potential benefits of the proposed rule in terms of the expected improvements in the health and health-related quality of life of potential new-onset COPD or acute traumatic injury patients treated through the WTC Health Program, compared to no treatment by the Program.

    The Administrator does not have information on the health of the population that may have experienced 9/11 exposures and is not currently enrolled in the WTC Health Program. However, the Administrator assumes that all unenrolled responders and survivors are now covered by health insurance (due to the ACA) and may be receiving treatment outside the WTC Health Program.

    Although the Administrator cannot quantify the benefits associated with the WTC Health Program, members with new-onset COPD or acute traumatic injury would have improved access to care and thereby the Program should produce better treatment outcomes than in its absence. Under other insurance plans, patients may have deductibles and copays, which impact access to care and timeliness of care. WTC Health Program members who are certified for these conditions would have first-dollar coverage and, therefore, are likely to seek care sooner when indicated, resulting in improved treatment outcomes.

    Limitations

    The analysis presented here was limited by the dearth of verifiable data on the new-onset COPD and acute traumatic injury status of responders and survivors who have yet to apply for enrollment in the WTC Health Program. Because of the limited data, the Administrator was not able to estimate benefits in terms of averted healthcare costs. Nor was the Administrator able to estimate indirect costs such as averted absenteeism, short and long-term disability, and productivity losses averted due to premature mortality.

    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. The Administrator believes 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. This rule does not contain any information collection requirements; thus, HHS has determined that the PRA does not apply to this rule.

    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 in 1995 dollars by State, local or Tribal governments in the aggregate, or by the private sector. However, the rule may result in an increase in the contribution made by New York City for treatment and monitoring, as required by Title XXXIII, sec. 3331(d)(2).

    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)

    The Administrator 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, the Administrator has evaluated the environmental health and safety effects of this proposed rule on children. The Administrator 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, the Administrator 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. The Administrator has attempted to use plain language in promulgating the proposed rule consistent with the Federal Plain Writing Act guidelines.

    Proposed Rule List of Subjects in 42 CFR Part 88

    Administrative practice and procedure, Health care, Lung diseases, Mental health programs.

    For the reasons discussed in the preamble, the Department of Health and Human Services proposes to revise 42 CFR part 88 as follows:

    PART 88—WORLD TRADE CENTER HEALTH PROGRAM 1. The authority citation for part 88 continues to read as follows: Authority:

    42 U.S.C. 300mm-300mm-61, Pub. L. 111-347, 124 Stat. 3623.

    2. In § 88.1, under the definition “List of WTC-related health conditions,” revise paragraph (1)(v) and add paragraph (5) to read as follows:
    § 88.1 Definitions. List of WTC-related health conditions * * *

    (1) * * *

    (v) WTC-exacerbated and new-onset chronic obstructive pulmonary disease (COPD).

    (5) Acute traumatic injuries for those WTC responders and screening- and certified-eligible WTC survivors who received any medical treatment for such an injury on or before September 11, 2003. Acute traumatic injury means physical damage to the body caused by and occurring immediately after a one-time exposure to energy, such as heat, electricity, or impact from a crash or fall, resulting from a specific event or incident. Eligible acute traumatic injuries may include but are not limited to the following:

    (i) Eye injuries.

    (ii) Severe burns.

    (iii) Head trauma.

    (iv) Fractures.

    (v) Tendon tears.

    (vi) Complex sprains.

    (vii) Other similar acute traumatic injuries.

    Dated: August 31, 2015. John Howard, Administrator, World Trade Center Health Program and Director, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, Department of Health and Human Services.
    [FR Doc. 2015-22599 Filed 9-9-15; 11:15 am] BILLING CODE P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Parts 3160 and 3170 [15X.LLWO300000.L13100000.NB0000] RIN 1004-AE15 Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Proposed rule; extension of public comment period.

    SUMMARY:

    On July 13, 2015, the Bureau of Land Management (BLM) published in the Federal Register a proposed rule to establish minimum standards for site security at oil and gas facilities located on Federal and Indian (except Osage Tribe) lands. This proposed rule would replace Onshore Oil and Gas Order No. 3, Site Security (Order 3), with new regulations that would be codified in the Code of Federal Regulations. It includes provisions intended to ensure that oil and gas produced from Federal and Indian oil and gas leases are properly and securely handled, to ensure accurate measurement, production accountability, and royalty payments, and to prevent theft and loss.

    The changes proposed as part of this proposed rule would allow the BLM to strengthen its policies governing production verification and accountability by updating Order 3's requirements to address changes in technology and industry practices that have occurred in the 25 years since Order 3 was issued, and to respond to recommendations made by the Government Accountability Office with respect to the BLM's production verification efforts. This notice extends the public comment period for 28 days beyond the initial comment-period deadline on the proposed rule.

    DATES:

    The comment period for the proposed rule published on July 13, 2015 (80 FR 40768) is extended. Send your comments on this proposed rule to the BLM on or before October 9, 2015.

    ADDRESSES:

    Mail: U.S. Department of the Interior, Director (630), Bureau of Land Management, Mail Stop 2134 LM, 1849 C St. NW., Washington, DC 20240, Attention: 1004-AE15. Personal or messenger delivery: Bureau of Land Management, 20 M Street SE., Room 2134 LM, Attention: Regulatory Affairs, Washington, DC 20003. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at this Web site.

    FOR FURTHER INFORMATION CONTACT:

    Michael Wade, BLM Colorado State Office, at 303-239-3737. For questions relating to regulatory process issues, please contact Faith Bremner, BLM Washington Office, at 202-912-7441. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individuals during normal business hours. FIRS is available 24 hours a day, 7 days a week to leave a message or question with the above individuals. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION: Public Comment Procedures

    If you wish to comment, you may submit your comments by any one of several methods: Mail: You may mail comments to U.S. Department of the Interior, Director (630), Bureau of Land Management, Mail Stop 2134LM, 1849 C Street NW., Washington, DC 20240, Attention: 1004-AE15. Personal or messenger delivery: Bureau of Land Management, 20 M Street SE., Room 2134 LM, Attention: Regulatory Affairs, Washington, DC 20003. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at this Web site.

    Please make your comments as specific as possible by confining them to issues directly related to the content of the proposed rule, and explain the basis for your comments. The comments and recommendations that will be most useful and likely to influence agency decisions are:

    1. Those supported by quantitative information or studies; and

    2. Those that include citations to, and analyses of, the applicable laws and regulations.

    The BLM is not obligated to consider or include in the Administrative Record for the rule comments received after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES). Comments, including names and street addresses of respondents, will be available for public review at the address listed under ADDRESSES during regular hours (7:45 a.m. to 4:15 p.m.), Monday through Friday, except holidays.

    Before including your address, telephone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.

    Background

    The proposed rule was published on July 13, 2015 (80 FR 40768), with a 60-day comment period closing on September 11, 2015. Since publication, the BLM has received requests for extension of the comment period on the proposed rule. In response to those comments, the BLM is extending the comment period on the proposed rule for 28 days. The closing date of the extended comment period is now October 9, 2015.

    Dated: September 4, 2015. Janice M. Schneider, Assistant Secretary, Land and Minerals Management.
    [FR Doc. 2015-22903 Filed 9-10-15; 8:45 am] BILLING CODE 4310-84-P
    80 176 Friday, September 11, 2015 Notices DEPARTMENT OF AGRICULTURE Food and Nutrition Service Submission for OMB Review; Comment Request September 8, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the 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 burden including the validity of the methodology and assumptions used; (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 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 should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if they are received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Food and Nutrition Service

    Title: National Hunger Clearinghouse Database Forms (FNS 543 and FNS 543A).

    OMB Control Number: 0584-0474.

    Summary of Collection: The National Hunger Clearinghouse FNS-543 form collects develops and distributes information and resources to help build the capacity of emergency food providers to address the immediate needs of struggling families and individuals while promoting self-reliance and access to healthy food. The Clearinghouse includes the National Hunger Hotline, which refers people in need anywhere in the U.S. to food pantries, soup kitchen, government programs and model grassroots organizations.

    The FNS-543A is the instrument used to voluntarily collect information about summer meal sites from State agencies. It collects site name, location and operating details such as dates and times of the day that the sites are in operation that provide summer meals to children 18 years and younger in low-income communities during the summer.

    Section 26 of the National School Lunch Act, which was added to the Act by Section 123 of Public Law 103-448 on November 2, 1994, mandated that the Food and Nutrition Service (FNS) enter into a contract with a nongovernmental organization to develop and maintain a national information clearinghouse of grassroots organizations working on hunger, food, nutrition, and other agricultural issues, including food recovery, food assistance and self-help activities to aid individuals to become self-reliant and other activities that empower low-income individuals.

    Need and Use of the Information: FNS will collect information to provide a resource for groups that assist low-income individuals or communities regarding nutrition assistance program or other assistance. The information aids FNS to fight hunger and improve nutrition by increasing participation in the FNS nutrition programs through the development, coordination, and evaluation of strategic initiatives, partnership, and outreach activities.

    Description of Respondents: State Agencies (55), Business or other for-profit and Not-for-profit institutions (600).

    Number of Respondents: 655.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 110.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-22948 Filed 9-10-15; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Forest Service Beaverhead-Deerlodge National Forest; Montana; Supplemental EIS for the Beaverhead-Deerlodge National Forest Land and Resource Management Plan To Comply With District of Montana Court Order AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an environmental impact statement.

    SUMMARY:

    The Beaverhead-Deerlodge National Forest will prepare a Supplemental Environmental Impact Statement (SEIS) to the 2009 Beaverhead-Deerlodge National Forest Revised Land and Resource Management Plan (Forest Plan) environmental analysis in response to an August 27, 2015 Order from the U.S. District Court for the District of Montana. The Court directed the Forest Service to “properly disclose the information underlying its analysis of snowmobile impacts on big game wildlife” and “adequately appl[y] the minimization criteria in the [2005 Travel Management Rule].”

    DATES:

    Under 40 CFR 1502.9(c)(4), there is no formal scoping period for this proposed action. The Draft SEIS is expected to be published in November 2015, which will then begin, in accordance with 36 CFR 219.16(a)(2), a 90-day public comment period on the Draft SEIS.

    FOR FURTHER INFORMATION CONTACT:

    Jan Bowey, Beaverhead-Deerlodge National Forest, 125 Mill Street, Sheridan, MT 59749 (406) 842-5432. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The 2009 Forest Plan provides management direction for activities on the Beaverhead-Deerlodge National Forest for the next 10 to 15 years, including direction on eight topics (vegetation, wildlife, aquatic resources, recreation and travel management, fire management, livestock grazing, timber and recommended wilderness).

    In 2010, WildEarth Guardians, Friends of the Bitterroot, Inc., and Montanans for Quiet Recreation, Inc., filed a complaint in U.S. District Court for the District of Montana (Case 9:10-cv-00104-DWM) alleging inadequate analysis of the “site-specific impacts of snowmobile use on big game winter habitat and conflicting recreational uses” when developing the Forest Plan, failure “to apply certain criteria [referred to as the minimization criteria] when designating areas open to snowmobile use” and that Subpart C of the 2005 Travel Management Rule concerning over-snow vehicles was invalid. In its June 22, 2015 Opinion (WildEarth Guardians et al. v. Montana Snowmobile Ass'n, 790 F.3d 920 (9th Cir. 2015)), the U.S. Court of Appeals for the Ninth Circuit found the Forest Service provided sufficient information to establish that it took a “hard look” at the impacts of snowmobile use on non-motorized recreational uses and sufficiently analyzed these conflicts. Further, the U.S. Court of Appeals found that plaintiffs' challenge to the Subpart C exemption in the Travel Management Rule was not ripe for review.

    However, in the same opinion, the U.S. Court of Appeals held that the Forest Service did not provide the public adequate access to information about the impact of snowmobiles on big game wildlife and habitat and did not allow the public to play an appropriate role in the decision-making process. The U.S. Court of Appeals also found the Forest Service did not adequately apply the minimization criteria found in the Travel Management Rule. The matter was remanded to the U.S. District Court for the District of Montana.

    In an August 27, 2015 Order, the U.S. District Court for the District of Montana ordered the Forest Service to “properly disclose the information underlying its analysis of snowmobile impacts on big game wildlife” and “adequately appl[y] the minimization criteria in the [2005 Travel Managment Rule].” The SEIS will disclose information underlying its analysis of snowmobile impacts on big game wildlife and apply the minimization criteria to areas on the Beaverhead-Deerlodge National Forest open to over-snow vehicle use during the winter recreation season (December 2 through May 15).

    A Draft SEIS is expected to be available for public review and comment in November 2015. The comment period for the Draft SEIS will be 90 days from the date the Notice of Availability is published in the Federal Register 36 CFR 219.16(a)(2).

    Dated: September 4, 2015. Melany Glossa, Forest Supervisor.
    [FR Doc. 2015-22890 Filed 9-10-15; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF AGRICULTURE Rural Utility Service Submission for OMB Review; Comment Request September 8, 2015.

    The Department of Agriculture has submitted the following information collection requirement(s) to Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding (a) whether the 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 burden including the validity of the methodology and assumptions used; (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 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 should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Rural Utilities Service

    Title: Advance of Loan Funds and Budgetary Control and Related Burdens.

    OMB Control Number: 0572-0015.

    Summary of Collection: The Rural Utilities Service (RUS) is authorized by the Rural Electrification Act (RE Act) of 1936, as amended, “to make loans in several States and territories of the United States for rural electrification and for the purpose of furnishing and improving electric and telephone service in rural areas and to assist electric borrowers to implement demand side management, energy conservation programs, and on-grid and off-grid renewable energy systems.” Borrowers will provide the agency with information that supports the use of the funds as well as identify the type of projects for which they will use the funds.

    Need and Use of the Information: RUS electric borrowers will submit RUS form 595 and 219. Form 595, Financial Requirement & Expenditure Statement, to request an advance of loan funds remaining for an existing approved loan and to report on the expenditure of previously advanced loan funds. Form 219, Inventory of Work Orders, serves as a connecting line and provides an audit trail that verifies the evidence supporting the propriety of expenditures for construction of retirement projects that supports the advance of funds. The information collected will ensure that loan funds are expended and advanced for RUS approved budget process and amounts. Failure to collect proper information could result in improper determinations of eligibility or improper use of funds.

    Description of Respondents: Not-for-profit institutions; Business or other for-profit.

    Number of Respondents: 600.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 14,570.

    Rural Utility Service

    Title: 7 CFR 1773, Policy on Audits of RUS Borrowers.

    OMB Control Number: 0572-0095.

    Summary of Collection: Under the authority of the Rural Electrification Act of 1936 (ACT), as amended 7 U.S.C. 901 et seq., the Administrator is authorized and empowered to make loans under certain specified circumstances for rural electrification and the furnishing of electric energy to persons in rural areas and for the purpose of furnishing and improving telephone service in rural areas. RUS, in representing the Federal Government as Mortgagee, relies on the information provided by the borrowers in their financial statements to make lending decisions as to borrowers' credit worthiness and to assure that loan funds are approved, advanced and disbursed for proper Act purposes. Borrowers are required to furnish a full and complete report of their financial condition, operations and cash flows, in form and substance satisfactory to RUS.

    Need and Use of the Information: RUS will collect information to evaluate borrowers' financial performance, determine whether current loans are at financial risk, and determine the credit worthiness of future losses. If information is not collected, it would delay RUS' analysis of the borrowers' financial strength, thereby adversely impacting current lending decisions.

    Description of Respondents: Not-for-profit institutions; Business or other for-profit.

    Number of Respondents: 1,340.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 14,914.

    Rural Utilities Service

    Title: 7 CFR 1751 Subpart B/State Telecommunications Modernization Plan.

    OMB Control Number: 0572-0104.

    Summary of Collection: The Rural Electrification Loan Restructuring Act (RELRA, Pub. L. 103-129), November 1, 1993, amended the Rural Electrification Act of 1936, 7 U.S.C. 901 et seq. (the RE Act). RELRA required that a State Telecommunications Modernization Plan (Modernization Plan or Plan), meet all the statutory requirements of RELRA (Part 1751, Subpart B). The plan at a minimum must provide for: (1) The elimination of party line service; (2) the availability of telecommunications services for improved business, educational, and medical services; (3) must encourage computer networks and information highways for subscribers in rural areas; (4) must provide for subscribers in rural areas to be able to receive through telephone lines: (a) Conference calling; (b) video images; and (c) data at a rate of 1 million bits of information per second; and, the proper routing of information to subscribers.

    Need and Use of the Information: The Rural Utilities Service (RUS) telecommunications program staff will review the Modernization Plan and approve the plans, if it complies with the requirements of the regulation. If the proposed Modernization Plan is approved, RUS will notify the developer of the approval. If not, RUS will make specific written comments and suggestions for modifying the proposed Modernization Plan so that it will comply with the requirements of the regulation. If the information is not collected, RUS' authority to make loans under the Rural Electrification Act will be restricted.

    Description of Respondents: Business or other for-profit; Not-for-profit institutions.

    Number of Respondents: 1.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 350.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2015-22947 Filed 9-10-15; 8:45 am] BILLING CODE 3410-15-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: Public Employment & Payroll Forms.

    OMB Control Number: 0607-0452.

    Form Number(s): E-1 through E-10.

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 44,088.

    Average Hours per Response: 1 hour and 5 minutes.

    Burden Hours: 47,903.

    Needs and Uses: This information collection request covers the questionnaires needed to conduct the public employment program for the 2015 Annual Survey of Public Employment & Payroll, the 2016 Annual Survey of Public Employment & Payroll, and the 2017 Census of Governments: Employment.

    The Census of Governments: Employment and its related program, the Annual Survey of Public Employment & Payroll, provide a rich source of data on state and local government employment and payroll in the United States. Data have been collected annually since 1957. A census is conducted every five years (years ending in `2' and `7'). A sample of state and local governments is used to collect data in the intervening years, with a new sample selected every five years (years ending in `4' and `9'). The survey provides state and local government data on full-time and part-time employment, part-time hours worked, full-time equivalent employment, and payroll statistics by governmental function (e.g., elementary and secondary education, higher education, police protection, fire protection, financial administration, central staff services, judicial and legal, highways, public welfare, etc.).

    The 10 questionnaires for collecting the data are each tailored to the unique characteristics of the type and size of government or government agency to be surveyed. The type of employment and payroll data to be collected No changes will be made to the form content as currently approved. However, formatting changes will be made to the forms to facilitate data capture using current technology, Integrated Computer Assisted Data Entry (iCADE), and to clarify wording and form flow with respondents such as integrating the instruction in bullet form into the questions. These changes were cognitively tested.

    The Census of Governments: Employment and its related program, the Annual Survey of Public Employment & Payroll, provide data on state and local government employment and payroll in the United States. Census Bureau staff apply a standard set of criteria while classifying government employment activity in order to provide what is perhaps the only complete and uniform set of data on the employment activities of governments in the United States.

    Statistics compiled from data gathered using these forms are used in several important Federal government programs. Economists at the Bureau of Economic Analysis (BEA) use the statistics for developing the National Income and Product Accounts. According to the Chief Statistician of BEA, “The data obtained from these forms are critical to BEA for maintaining reliable estimates. Specifically, BEA uses national, state, local, and type-of-government aggregate data by function for full-time and part-time employees, payroll, and number of part-time hours worked to prepare estimates of functional payrolls for the public sector of the gross domestic product (GDP). BEA also uses these data to prepare estimates of state and local government compensation of employees in both the annual and benchmark input-output accounts.”

    BEA also uses the Census of Governments and the Annual Survey of Public Employment & Payroll to derive state-level estimates of the employment and wages and salaries of students and their spouses who are employed by public institutions of higher education in which the students are enrolled. There is no other national or state source for information on student workers at state institutions of higher education.

    The employment data are used for two other data collection efforts currently conducted by the Census Bureau. The Medical Expenditures Panel Survey (MEPS) collects data for the Department of Health and Human Services (HHS) on health plans offered to state and local government employees. The MEPS sample of public employees is drawn from the Census of Governments: Employment component universe and employment data from the survey are used in statistical methods for creating national estimates on health plans. The Criminal Justice Employment and Expenditure program (CJEE), sponsored by the Bureau of Justice Statistics (BJS), uses employment data to provide employee and payroll statistics on police protection and correctional activities.

    State and local government officials use these employment data to analyze and assess individual government labor force and wage levels. Both management and labor consult these data during wage and salary negotiations.

    Public interest groups of many types produce analyses of public sector activities using these data. User organizations representing state and local government include the Council of State Governments, the National Conference of State Legislatures, Government Research Association, U.S. Conference of Mayors, National Association of Counties, National League of Cities, and the National Association of Towns and Townships. Another category of users, having a more specific focus on government activities, includes organizations such as the National School Boards Association and the National Sheriffs Association.

    A variety of private sector organizations and individuals make use of these employment and payroll data. Notable research organizations include the Brookings Institution and the Nelson A. Rockefeller Institute of Government.

    Both public and private universities utilize these data. Instructors, researchers, and students in schools of public administration, political science, management, and industrial relations as well as other members of the public also use employment data.

    Affected Public: State, local or tribal government; Federal government.

    Frequency: Annually.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13, U.S.C., Section 161 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: September 8, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-22897 Filed 9-10-15; 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: U.S. Census Bureau.

    Title: Quarterly Financial Report.

    OMB Control Number: 0607-0432.

    Form Number(s): QFR-200(MT), QFR-201(MG), QFR-300(S).

    Type of Request: Revision of a currently approved collection.

    Number of Respondents: 11,890.

    Average Hours per Response: 2 hours and 8 minutes.

    Burden Hours: 101,258.

    Needs and Uses: The Quarterly Financial Report (QFR) program has published up-to-date aggregate statistics on the financial results and position of U.S. corporations since 1947. The program currently collects and publishes financial data for the manufacturing, mining, wholesale trade, retail trade, information, and professional, scientific, and technical services (except legal) sectors. The survey is a principal economic indicator that provides financial data essential to calculation of key U.S. government measures of national economic performance. The importance of this data collection is reflected by the granting of specific authority to conduct the program in Title 13 of the United States Code, Section 91, which requires that financial statistics of business operations be collected and published quarterly. Public Law 109-79, Section 91 extended the authority of the Secretary of Commerce to conduct the QFR program through September 30, 2015. Currently, QFR is in the process of reauthorizing this public law.

    The Census Bureau is requesting approval to continue collection of the QFR program. QFR's last submission for forms approval included an announcement of an expansion of its coverage to include four new service sectors. The new sectors included subsectors in Sector 53 (Real Estate and Rental and Leasing), excluding subsector 533 (Lessors of Nonfinancial Intangible Assets); Sector 56 (Administrative and Support and Waste Management and Remediation Services); Sector 62 (Health Care and Social Assistance); and Sector 72 (Accommodation and Food Services) based on the 2007 North American Industry Classification System (NAICS). However, on June 9, 2014, the QFR ceased collection of these additional sectors due to sample restrictions and budget constraints. Notification of this change was announced on the QFR Business Help Site (BHS) Web site and the QFR Publication. Furthermore, we are pursing funding to get the expansion reinstated.

    The survey forms used to conduct the QFR are: QFR-200 (MT) Long Form (manufacturing, mining, wholesale trade, and retail trade); QFR-201 (MG) Short Form (manufacturing); and the QFR-300 (S) Long Form (services).

    The primary purpose of the QFR is to provide timely, accurate data on business financial conditions for use by Government and private-sector organizations and individuals. The primary public users include the Bureau of Economic Analysis, Federal Reserve Board, Federal Trade Commission, Small Business Administration, U.S. Treasury-Office of Tax Analysis, and the Joint Committee on Taxation. These same organizations play a major role in providing guidance, advice, and support to the QFR program. The primary private-sector data users are a diverse group including universities, financial analysts, unions, trade associations, public libraries, banking institutions, and U.S. and foreign corporations.

    Affected Public: Business or other for-profit.

    Frequency: Quarterly.

    Respondent's Obligation: Mandatory.

    Legal Authority:

    Title 13 U.S.C., Section 91.

    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: September 8, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-22894 Filed 9-10-15; 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: U.S. Census Bureau.

    Title: Current Population Survey, School Enrollment Survey.

    OMB Control Number: 0607-0464.

    Form Number(s): There are no forms. We conduct all interviews on computers.

    Type of Request: Regular Submission.

    Number of Respondents: 59,000.

    Average Hours Per Response: 3.0 minutes.

    Burden Hours: 2,950.

    Needs and Uses: These data provide basic information on the school enrollment status of various segments of the population necessary as background for policy formulation and implementation. This supplement is the only annual source of data on public/private elementary and secondary school enrollment, as well as the characteristics of private school students and their families. As part of the Federal Government's efforts to collect data and provide timely information to government entities for policymaking decisions, this supplement provides national trends in enrollment and progress in school. Consequently, this supplement is the only source of historical data at the national level on the age distribution and family characteristics of college students, and on the demographic characteristics of preprimary school enrollment.

    Affected Public: Individuals or households.

    Frequency: Annual.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13 U.S.C. Sections 8(b), 141, 182, and Title 29, U.S.C. Sections 1-9 authorize the collection of this information on individuals and households. Title 20 U.S.C. Sections 3475, 9543, 9544, and 9546 authorize the National Center for Education Statistics to collect this information.

    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: September 8, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-22904 Filed 9-10-15; 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: U.S. Census Bureau.

    Title: Current Population Survey, Annual Social and Economic Survey.

    OMB Control Number: 0607-0354.

    Form Number(s): There are no forms. We conduct all interviews on computers.

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 78,000.

    Average Hours per Response: 0.41667.

    Burden Hours: 32,500.

    Needs and Uses: The income data from the ASEC are used by social planners, economists, government officials, and market researchers to gauge the economic well-being of the country as a whole, and selected population groups of interest. Government planners and researchers use these data to monitor and evaluate the effectiveness of various assistance programs. Market researchers use these data to identify and isolate potential customers. Social planners use these data to forecast economic conditions and to identify special groups that seem to be especially sensitive to economic fluctuations. Economists use ASEC data to determine the effects of various economic forces, such as inflation, recession, recovery, and so on, and their differential effects on various population groups.

    Affected Public: Individuals or Households.

    Frequency: Annually.

    Respondent's Obligation: Voluntary.

    Legal Authority:

    Title 13, United States Code, Sections 8(b), 141, 182; and Title 20, United States Code, Sections 3475, 9543, 9544, and 9546.

    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: September 8, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-22893 Filed 9-10-15; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE178 New England Fishery Management Council; Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Observer Policy Committee meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Monday, September 28, 2015 at 1 p.m.

    ADDRESSES:

    The meeting will be held at the Radisson Hotel, 180 Water Street, Plymouth, MA 02360; telephone: (508) 747-4900; fax: (508) 747-8937.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Committee will review draft Environmental Assessment (EA) for NMFS-led omnibus amendment, which would establish provisions for industry-funded monitoring (IFM) across all New England and Mid-Atlantic Council-managed fisheries and also proposes requirements for IFM in the Atlantic herring and mackerel fisheries. The Committee will also review/discuss omnibus alternatives in the IFM amendment and options for IFM in the Atlantic herring and mackerel fisheries; herring/mackerel options may include requirements for industry-funded observer coverage, at-sea monitoring, portside sampling, and/or electronic monitoring (EM) as well as develop recommendations regarding any additional management measures to be considered in the omnibus IFM amendment. They will also develop recommendations regarding the selection of preferred alternatives for the omnibus IFM amendment and the approval of the Draft EA for public comment. The Committee may address other business as necessary.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 8, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-22936 Filed 9-10-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE158 Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of public meeting of the SEDAR Steering Committee.

    SUMMARY:

    The SEDAR Steering Committee will meet to discuss the SEDAR process and assessment schedule. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR Steering Committee will meet from 1 p.m. on Monday, September 28, until 4 p.m. on Tuesday, September 29, 2015.

    ADDRESSES:

    The Steering Committee meeting will be held at the Crowne Plaza, 4381 Tanger Outlet Boulevard, North Charleston, SC 29418; telephone: (843) 744-4422.

    SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; www.sedarweb.org.

    FOR FURTHER INFORMATION CONTACT:

    John Carmichael, SEDAR Program Manager, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The items of discussion are as follows:

    SEDAR Steering Committee Agenda, Monday, September 28, 2015, 1 p.m.-5 p.m. and Tuesday, September 29, 2015, 8:30 a.m.-4 p.m.

    1. Review progress of ongoing assessment projects.

    2. Receive a report on the Data Best Practices Workshop.

    3. Review Southeast Fishery Science Center progress on recommendations from the Data and Assessment Program Reviews.

    4. Receive a report on the NOAA Fisheries Stock Assessment Prioritization Plan.

    5. Approve SEDAR Operating Procedures changes.

    6. Address the SEDAR assessment schedule: identify assessment capability, determine 2017 priorities and identify projects for 2018-19.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 10 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 8, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-22935 Filed 9-10-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE179 Pacific Fishery Management Council; Public Meeting AGENCY:

    National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Scientific and Statistical Committee (SSC) Groundfish Subcommittee will hold a work session to review stock assessments for black rockfish off Oregon, new harvest specification projections for arrowtooth flounder, an updated rebuilding analysis for yelloweye rockfish, and a new proposed methodology for determining big skate harvest specifications.

    DATES:

    The SSC's Groundfish Subcommittee meeting will be held beginning at 8:30 a.m., Monday, September 28, 2015 and end at 5:30 p.m. or as necessary to complete business for the day. The Subcommittee will reconvene on Tuesday, September 29, 2013 and will continue through Thursday, October 1, 2015 beginning at 8:30 a.m. and ending at 5:30 p.m. each day, or as necessary to complete business. The meeting may continue on Friday, October 2 at 8:30 a.m., if needed, to complete the subcommittee's business.

    ADDRESSES:

    The SSC's Groundfish Subcommittee meeting will be held the National Marine Fishery Service Western Regional Center's Sand Point facility, Alaska Fisheries Science Center, 7600 Sand Point Way NE., Seattle, WA 98115; telephone: (206) 526-4000. The meeting will be held in Building 4, Traynor Room 2076 on September 28—October 1, 2015. If the SSC's Groundfish Subcommittee meeting needs to continue on Friday, October 2, 2015, the meeting will reconvene in Building 4, Observer Training Room 1055.

    Council address: Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John DeVore, Pacific Council; telephone: (503) 820-2413.

    SUPPLEMENTARY INFORMATION:

    The purpose of the SSC's Groundfish Subcommittee meeting is to review draft 2015 stock assessment documents and any other pertinent information for new full stock assessment of black rockfish off Oregon, work with the Stock Assessment Teams to make necessary revisions, and produce a report for use by the Pacific Council family and other interested persons for developing management recommendations for fisheries in 2017 and beyond. Additionally, the SSC Groundfish Subcommittee will review an updated yelloweye rockfish rebuilding analysis, review new overfishing limit (OFL) projections for arrowtooth flounder, and review new methodology for determining a big skate OFL. No management actions will be decided by the SSC Groundfish Subcommittee. The Subcommittee's role will be development of recommendations and reports for consideration by the SSC and the Pacific Council at its November meeting in Garden Grove, California.

    Although non-emergency issues not contained in the meeting agenda may come before the subcommittee meeting participants for discussion, those issues may not be the subject of formal action during this meeting. Subcommittee action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Subcommittee participants' intent to take final action to address the emergency.

    All visitors to the National Marine Fisheries Service Western Regional Center's Sand Point facility should bring one of the following forms of identification:

    • Enhanced Driver's License from the states of Washington, Minnesota, and New York • U.S. Passport • U.S. Passport Card • U.S. Department of Defense CAC • U.S. Federal agency HSPD-12 compliant ID cards • U.S. Veterans ID • U.S. Military Dependent's ID Card • U.S. Trusted Traveler Card—Global Entry, SENTRI, or NEXUS • U.S. Transportation Workers Identification Credential (TWIC) • State-issued Real ID Compliant Driver's Licenses and Identification Cards.

    Visitors who are foreign nationals (defined as a person who is not a citizen or national of the United States) will require additional security clearance to access the Western Regional Center's Sand Point facility. Foreign national visitors should contact Dr. Martin Dorn at (206) 526-6548 at least 2 weeks prior to the meeting date to initiate the security clearance process.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2425 at least 5 days prior to the meeting date.

    Dated: September 8, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-22937 Filed 9-10-15; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition AGENCY:

    Committee for Purchase from People Who are Blind or Severely Disabled.

    ACTION:

    Proposed addition to the Procurement List.

    SUMMARY:

    The Committee is proposing to add a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.

    DATES:

    Comments must be received on or before 10/12/2015.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    For further information or to submit comments contact Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Additions

    If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice will be required to provide the service listed below from the nonprofit agency employing persons who are blind or have other severe disabilities.

    The following service is proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Service:

    Service Type: Janitorial Service.

    Service is Mandatory for: U.S. Geological Survey, 4611 Research Park Circle, Suites D and E, Las Cruces, NM.

    Mandatory Source(s) of Supply: Tresco, Inc., Las Cruces, NM.

    Contracting Activity: Department of the Interior, Geological Survey, Office of Acquisition and Grants—Denver, Denver, CO.

    Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2015-22930 Filed 9-10-15; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Additions to the Procurement List.

    SUMMARY:

    This action adds products to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

    DATES:

    Effective Date: 10/12/2015.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION: Additions

    On 6/6/2014 (79 FR 32716-32718), 6/5/2015 (80 FR 32096-32097) and 6/12/2015 (80 FR 33485-33489), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List.

    After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the products listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government.

    2. The action will result in authorizing small entities to furnish the products to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the products proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following products are added to the Procurement List:

    Products NSN(s)—Product Name(s) 8455-00-NIB-0003—Badge Reel, ID, Retractable, Bulldog Clip, Black 8455-00-NIB-0050—Flight Line Lanyard, Cord Style, Breakaway, with Holder, Black, 36″ x .25″ 8455-00-NIB-0051—Holder, Badge, Vinyl, Re-Sealable, Clear, 3-3/4″ x 2-5/8 Mandatory Source of Supply: West Texas Lighthouse for the Blind, San Angelo, TX Mandatory Purchase For: Total Government Requirement Contracting Activity: General Services Administration, Fort Worth, TX Distribution: A-List NSN(s)—Product Name(s) 4240-00-NIB-0161—Lockout Tags, 25-pack 4240-00-NIB-0185—Kit, Lockout, Electrical/Valve with AC Sensor 4240-00-NIB-0202—Lockout/Tagout Station, 3 Padlocks 4240-00-NIB-0203—Lockout/Tagout Station, 8 Padlocks 4240-00-NIB-0207—AC Sensor, 50V-1000V 4240-00-NIB-0228—Medium Electrical Lockout Kit with Breaker Lockouts 4240-00-NIB-0229—Large Electrical Lockout Kit 4240-00-NIB-0230—Large Electrical/Valve Lockout Kit 4240-00-NIB-0231—Small Standard Lockout Kit 4240-00-NIB-0232—Extra Small Personal Electrical Lockout Kit 4240-00-NIB-0233—Small Electrical Lockout Kit 4240-00-NIB-0234—Small Electrical Lockout Kit with Plug Lockouts 4240-00-NIB-0236—Small Electrical Valve Lockout Kit Mandatory Source of Supply: Association for the Blind and Visually Impaired—Goodwill Industries of Greater Rochester, Rochester, NY Mandatory Purchase For: Total Government Requirement Contracting Activity: Defense Logistics Agency Troop Support Distribution: B-List Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2015-22898 Filed 9-10-15; 8:45 am] BILLING CODE 6353-01-P
    CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 15-C0007] phil&teds USA, Inc., Provisional Acceptance of a Settlement Agreement and Order AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice.

    SUMMARY:

    It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with phil&teds USA, Inc., containing a civil penalty of $3,500,000, with $3,300,000 of the total suspended, subject to the terms and conditions of the Settlement Agreement. phil&teds USA, Inc., shall pay the non-suspended portion of the penalty, $200,000, in accordance with the terms set forth in the Settlement Agreement.1 The $200,000 Payment shall be paid within thirty (30) calendar days after the phil&teds USA, Inc., receives service of the Commission's final Order accepting the Agreement.

    1 The Commission voted (4-1) to provisionally accept the Settlement Agreement and Order regarding phil&teds USA, Inc. Chairman Kaye, Commissioner Adler, Commissioner Robinson and Commissioner Buerkle voted to provisionally accept the Settlement Agreement and Order. Commissioner Mohorovic voted to take other action and reject the Settlement Agreement and Order and return to staff to seek higher payment.

    DATES:

    Any interested person may ask the Commission not to accept this agreement or otherwise comment on its contents by filing a written request with the Office of the Secretary by September 28, 2015.

    ADDRESSES:

    Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 15-C0007 Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Room 820, Bethesda, Maryland 20814-4408.

    FOR FURTHER INFORMATION CONTACT:

    Leah Wade, Trial Attorney, Office of the General Counsel, Division of Compliance, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7225.

    SUPPLEMENTARY INFORMATION:

    The text of the Agreement and Order appears below.

    Dated: September 8, 2015. Todd A. Stevenson, Secretary. UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION

    In the Matter of: phil&teds USA, Inc.

    CPSC Docket No.: 15-C0007
    SETTLEMENT AGREEMENT

    1. In accordance with the Consumer Product Safety Act (“CPSA”), 15 U.S.C. 2051-2089 and 16 CFR 1118.20, phil&teds USA, Inc. (“phil&teds USA” or “Firm”), and the U.S. Consumer Product Safety Commission (“Commission”), through its staff (“Staff”), hereby enter into this Settlement Agreement. The Settlement Agreement and Affidavit of Corporate Officer, attached at Exhibit A (collectively the “Agreement”) and the incorporated attached Order (“Order”) resolve Staff's charges set forth below.

    THE PARTIES

    2. The Commission is an independent federal regulatory agency established pursuant to, and responsible for, the enforcement of the CPSA. By executing this Agreement, Staff is acting on behalf of the Commission, pursuant to 16 CFR § 1118.20(b). The Commission issues the Order under the provisions of the CPSA.

    3. phil&teds USA is a corporation, organized and existing under the laws of the state of Colorado, with its principal corporate office located in Fort Collins, CO. phil&teds USA is an importer, distributor and retailer of children's strollers, child carriers and other baby products and accessories.

    STAFF'S CHARGES

    4. From May 2009 through January 2011, phil&teds USA imported and sold in the United States, approximately 13,500 clip-on high chairs under the brand name, MeToo Chairs (“Chairs”). The Firm sold the Chairs online and through independent retailers nationwide.

    5. The Chairs are “consumer products,” and, at all relevant times, phil&teds USA was either the importer, “distributor” or “retailer” of these consumer products, which were “distributed in commerce,” as those terms are defined or used in sections 3(a)(5), (7), (8),and (13) of the CPSA, 15 U.S.C. 2052(a)(5), (7), (8), and (13).

    6. The Chairs are defective and create an unreasonable risk of serious injury because the clamps on the Chairs can detach from the table, posing a fall hazard. If only one side of the Chair detaches, the lack of space between the metal cross bar and the clamps creates a finger pinching, laceration, and amputation hazard.

    7. Between September 2009 and October 2010, the Firm obtained sufficient information that reasonably supported the conclusion that the Chairs contained a defect that could create a substantial product hazard or created an unreasonable risk of serious injury. Specifically, the Firm was aware of reports of incidents and injuries, including reports of fingertip amputations to children. The Firm was also aware that two design changes had been implemented to address the defects in the Chair.

    8. Despite having information regarding the Chair's defect or risk, the Firm failed to inform the Commission immediately, as required by sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. §§ 2064(b)(3) and (4).

    9. Because the information in the Firm's possession constituted actual and presumed knowledge, the Firm knowingly violated section 19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4), as the term “knowingly” is defined in section 20(d) of the CPSA, 15 U.S.C. § 2069(d).

    10. When the Firm filed its Full Report, the Firm:

    a. underreported the total number of incidents and injuries involving the Chairs, stating that it was aware of 10 “instances” involving the product, but provided no details on the instances and failed to indicate that the Firm was aware of two amputation injuries;

    b. failed to notify staff that the Chairs posed an amputation hazard; and

    c. withheld information that the Chair had been redesigned to address the hazard and that the sample product supplied with the Full Report was manufactured differently than the Chairs involved in the incident and injury reports.

    11. The Firm's failure to report this information resulted in delayed implementation of the corrective action and recall of the product, which was not publicly announced until August 17, 2011.

    12. By making these inaccurate and incomplete statements in the Full Report, the Firm knowingly committed a material misrepresentation to an officer or employee in the course of an investigation under the CPSA, which violates section 19(a)(13) of the CPSA, 15 U.S.C. § 2068(a)(13), as the term “knowingly” is defined in section 20(d) of the CPSA, 15 U.S.C. § 2069(d).

    13. Under section 20 of the CPSA, 15 U.S.C. § 2069, the Firm is subject to civil penalties for its knowing violation of section 19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4) and for the Firm's knowing material misrepresentations in violation of section 19(a)(13) of the CPSA, 15 U.S.C. § 2068(a)(13).

    FIRM'S RESPONSE

    14. This Agreement does not constitute an admission by the Firm to the charges set forth in paragraphs 4 through 13, including charges that phil&teds USA violated any statute or regulation, failed to timely report, or committed a material misrepresentation in violation of the CPSA. In fact, phil&teds USA took the initiative in reporting incidents surrounding the Chair to the CPSC, disclosed the number of those incidents, and further explained that unreasonable misuse of the product was the cause of serious injuries.

    AGREEMENT OF THE PARTIES

    15. Under the CPSA, the Commission has jurisdiction over the matter involving the Chairs and over phil&teds USA, Inc.

    16. In settlement of Staff's charges, and to avoid the cost, distraction, delay, uncertainty, and inconvenience of protracted litigation or other proceedings, the Firm shall pay a civil penalty in the amount of three million, five hundred thousand dollars ($3,500,000) (“Total Civil Penalty Amount”). In reliance on the accuracy and completeness of the Firm's representations and warranties in this Agreement, the Commission agrees to suspend all but two hundred thousand dollars ($200,000) of the Total Civil Penalty Amount (“$200,000 Payment”), on the terms and conditions set forth in this Agreement. The $200,000 Payment shall be paid within thirty (30) calendar days after the Firm receives service of the Commission's final Order accepting the Agreement. All payments to be made under the Agreement shall constitute debts owing to the United States and shall be made by electronic wire transfer to the United States via: http://www.pay.gov for allocation to and credit against the payment obligations of the Firm under this Agreement.

    17. phil&teds USA represents and warrants that the financial statements of phil&teds USA provided to the Commission in connection with the matters addressed in this Agreement (“Financial Statements”) are complete, accurate and current and have been prepared on a consistent basis throughout the periods indicated except as otherwise noted therein, and that the Financial Statements fairly present the financial condition and results of operations and cash flow of the Firm as of the dates, and for the periods, indicated therein, all consistently applied during the periods involved except as noted therein, and subject, in the case of the unaudited interim financial statements, to the absence of notes and normal year-end adjustments.

    18. The Firm represents and warrants that the information supplied by the Firm to the Commission in connection with the matters addressed in the Agreement (including information about the Firm's financial resources and ability to pay the Total Civil Penalty Amount) did not, at the time provided to the Commission, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading.

    19. The parties agree that an amount equal to Total Civil Penalty Amount minus any amounts paid by phil&teds USA pursuant to this Agreement shall become due and payable immediately upon the occurrence of an “Event of Default,” without notice or further action by any party. An “Event of Default” means:

    a. a failure of phil&teds USA to pay the $200,000 Payment (or any portion thereof) when due and payable;

    b. the breach or inaccuracy of any representation or warranty of phil&teds USA in this Agreement;

    c. the breach or failure by phil&teds USA to observe or perform any of its obligations, covenants or agreements set forth in the Agreement; or

    d. a failure of phil&teds USA to comply with all CPSC statutes or regulations for three (3) years after the effective date of this Agreement.

    20. All unpaid amounts, if any, due and owing under the Agreement shall constitute a debt due and immediately owing by phil&teds USA to the United States, and interest shall accrue and be paid by phil&teds USA at the federal legal rate of interest set forth at 28 U.S.C. § 1961(a) and (b) from the date of Event of Default until all amounts due have been paid in full (hereinafter “Default Payment Amount” and “Default Interest Balance”). phil&teds USA shall consent to a Consent Judgment in the amount of the Default Payment Amount and Default Interest Balance, and the United States, at its sole option, may collect the entire Default Payment Amount and Default Interest Balance or exercise any other rights granted by law or in equity, including but not limited to referring such matters for private collection, and phil&teds USA agrees not to contest, and hereby waives and discharges any defenses to, any collection action undertaken by the United States or its agents or contractors pursuant to this paragraph. phil&teds USA shall pay the United States all reasonable costs of collection and enforcement under this paragraph, respectively, including reasonable attorney's fees and expenses.

    21. phil&teds USA shall notify CPSC in writing if any financial information supplied or to be supplied in writing by phil&teds USA to the Commission in connection with the Agreement is, in any material respect, discovered not to be true, accurate or complete; is no longer true, accurate or complete as a result of subsequent events; is discovered to contain an untrue statement of a material fact or to omit a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; or contains as a result of subsequent events an untrue statement of a material fact or an omission of a material fact required to be stated, not misleading.

    22. After Staff receives this Agreement executed on behalf of phil&teds USA, Staff shall promptly submit the Agreement to the Commission for provisional acceptance. Promptly following the Commission's provisional acceptance of the Agreement, the Agreement shall be placed on the public record and published in the Federal Register, in accordance with the procedures set forth in 16 CFR § 1118.20(e). If within fifteen (15) calendar days the Commission does not receive any written request not to accept the Agreement, the Agreement shall be deemed finally accepted on the sixteenth (16th) calendar day after the date the Agreement is published in the Federal Register, in accordance with 16 CFR § 1118.20(f).

    23. This Agreement is conditioned upon, and subject to, the Commission's final acceptance, as set forth above, and is subject to the provisions of 16 CFR § 1118.20(h). Upon the later of: (i) The Commission's final acceptance of this Agreement and service of the accepted Agreement upon phil&teds USA, and (ii) the date of issuance of the final Order, this Agreement shall be in full force and effect, and shall be binding upon the parties.

    24. Effective upon the later of: (i) The Commission's final acceptance of the Agreement and service of the accepted Agreement upon phil&teds USA, and (ii) the date of issuance of the final Order, for good and valuable consideration, phil&teds USA hereby expressly and irrevocably waives and agrees not to assert any past, present, or future rights to the following, in connection with the matter described in the Agreement: (a) An administrative or judicial hearing; (b) judicial review or other challenge or contest of the validity of the Order or of the Commission's actions; (c) a determination by the Commission of whether phil&teds USA failed to comply with the CPSA and the underlying regulations; (d) a statement of findings of fact and conclusions of law; and (e) any claims under the Equal Access to Justice Act.

    25. phil&teds USA shall implement and maintain a compliance program designed to ensure compliance with the statutes and regulations enforced by the Commission that, at a minimum, contains the following elements:

    a. written standards and policies concerning products sold by phil&teds USA in the United States that may relate to, or impact, CPSA compliance;

    b. procedures for verifying the accuracy and completeness of information conveyed to the Commission;

    c. procedures for implementing corrective and preventive actions when compliance deficiencies or violations are identified;

    d. procedures for collecting information from phil&teds USA's affiliates on incidents and injuries occurring outside the United States;

    e. a mechanism for confidential employee reporting of compliance-related questions or concerns to either a compliance officer or to another senior manager with authority to act as necessary;

    f. effective communication of company compliance-related policies and procedures to all employees through training programs or otherwise;

    g. senior manager responsibility for compliance and accountability for violations of the statutes and regulations enforced by the Commission;

    h. board oversight of compliance; and

    i. retention of all compliance-related records for at least five (5) years and availability of such records to Staff, upon request.

    26. phil&teds USA shall implement, maintain and enforce a system of internal controls and procedures designed to ensure that:

    a. information required to be disclosed by phil&teds USA to the Commission is recorded, processed and reported in accordance with applicable law;

    b. all reporting made to the Commission is timely, truthful, complete and accurate; and

    c. prompt disclosure is made to phil&teds USA's management of any significant deficiencies or material weaknesses in the design or operation of such internal controls that are reasonably likely to adversely affect in any material respect phil&teds USA's ability to record, process, and report to the Commission in accordance with applicable law.

    27. Upon Staff's request, phil&teds USA shall provide written documentation of its compliance program and system of internal controls and procedures, including, but not limited to, the effective dates of the program, controls and procedures and improvements thereto. phil&teds USA shall cooperate fully and truthfully with Staff and shall make available all information, materials, and personnel deemed necessary by Staff to evaluate phil&teds USA's compliance with the terms of the Agreement.

    28. phil&teds USA agrees that any settlement agreements with consumers involving products over which the Commission has jurisdiction, and which include a confidentiality clause, must include an exception to the confidentiality clause that allows consumers to discuss any issues related to their settlement agreement with officers and employees of the Commission and other local, state and federal government representatives.

    29. The parties acknowledge and agree that the Commission may make public disclosure of the terms of the Agreement and Order.

    30. phil&teds USA represents that the Agreement: (i) Is entered into freely and voluntarily, without any degree of duress or compulsion whatsoever; (ii) has been duly authorized; and (iii) constitutes the valid and binding obligation of phil&teds USA, and each of its successors, transferees, and/or assigns.

    31. The signatories represent that they are authorized to execute this Agreement.

    32. The Agreement is governed by the laws of the United States.

    33. The Agreement and the Order shall apply to, and be binding upon, phil&teds USA and each of its successors, transferees, and/or assigns, and a violation of the Agreement or Order may subject phil&teds USA and each of its successors, transferees, and/or assigns to appropriate legal action.

    34. The Agreement and the Order constitute the complete agreement between the parties on the subject matter.

    35. The Agreement may be used in interpreting the Order. Understandings, agreements, representations, or interpretations apart from those contained in the Agreement and the Order may not be used to vary or contradict their terms. For purposes of construction, the Agreement shall be deemed to have been drafted by both of the parties, and therefore, shall not be construed against any party for that reason in any subsequent dispute.

    36. The Agreement shall not be waived, amended, modified, or otherwise altered, except as in accordance with the provisions of 16 CFR 1118.20(h). The Agreement may be executed in counterparts.

    37. If any provision of the Agreement or the Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and the Order, such provision shall be fully severable. The balance of the Agreement and the Order shall remain in full force and effect, unless the Commission and phil&teds USA agree that severing the provision materially affects the purpose of the Agreement and Order.

    PHIL&TEDS USA, INC. Dated: 8/12/15 By: Michael Grant, President, phil&teds USA, Inc., 221 Jefferson Street, Suite 100 Fort Collins, Colorado 80524 Dated: 8/13/15 By: Jonathan Judge, Schiff Hardin LLP, 233 Wacker Drive, Suite 6600 Chicago, Illinois 60606 Counsel for phil&teds USA, Inc. U.S. CONSUMER PRODUCT SAFETY COMMISSION STAFF Dated: 8/13/15 By: Stephanie Tsacoumis, General Counsel Mary T. Boyle, Deputy General Counsel Mary B. Murphy, Assistant General Counsel Leah Wade, Trial Attorney EXHIBIT A AFFIDAVIT OF CORPORATE OFFICER MICHAEL GRANT

    I, the undersigned, swear and affirm that I am employed by phil&teds USA, Inc., that I hold the position indicated below, and, by reason of my position, I am authorized and qualified to make the following statements. All capitalized terms not defined in this affidavit shall have the meanings given to them in the Agreement between phil&teds USA, Inc. and the U.S. Consumer Product Safety Commission, of which this Affidavit is a part.

    1. The financial statements of phil&teds USA provided to the Commission in connection with the matters addressed in this Agreement (“Financial Statements”) are complete, accurate and current and have been prepared on a consistent basis throughout the periods indicated except as otherwise noted therein, and that the Financial Statements fairly present the financial condition and results of operations and cash flow of phil&teds USA as of the dates, and for the periods, indicated therein, all consistently applied during the periods involved except as noted therein, and subject, in the case of the unaudited interim financial statements, to the absence of notes and normal year-end adjustments.

    2. phil&teds USA has supplied all documents and information responsive to CPSC's requests.

    3. The information supplied by phil&teds USA to the Commission in connection with the matters addressed in the Agreement (including information about the Firm's financial resources and ability to pay the Total Civil Penalty Amount) did not, at the time provided to the Commission, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading.

    4. For each of the fiscal years ended March 31, 2015, 2014 and 2013, the net income, the net worth/stockholder's equity and working capital of phil&teds USA, Inc., was negative and to satisfy liabilities, phil&teds USA, Inc. relied on payments from its parent entity, Most Excellent World Holdings, Limited (“MEW”), pursuant to an intercompany agreement.

    5. phil&teds USA, Inc. has insufficient cash or other liquid assets to satisfy a civil penalty payment in excess of $200,000, has no sources of funding that could be used to provide the liquidity to make such a payment, and is unable to secure funds from MEW to fulfill a civil penalty payment obligation.

    6. phil&teds USA, Inc. will not directly or indirectly receive reimbursement, indemnification, insurance-related payment or other payment in connection with the matters addressed in the Agreement.

    7. Any civil penalty payment by phil&teds USA, Inc. in excess of $200,000 will require phil&teds USA, Inc. to cease operations as an ongoing business.

    I declare under penalty of perjury that the foregoing is true and correct. I understand that any intentional false statement in this declaration may be a criminal offense under 18 U.S.C. § 1001.

    Executed on August 12, 2015 Signed: Michael Grant President, phil&teds USA, Inc. UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION

    In the Matter of: phil&teds USA, Inc.

    CPSC Docket No.: 15-C0007
    ORDER

    Upon consideration of the Settlement Agreement entered into between phil&teds USA, Inc. (“phil&teds USA”), and the U.S. Consumer Product Safety Commission (“Commission”), and the Commission having jurisdiction over the subject matter and over phil&teds USA, and it appearing that the Settlement Agreement and the Order are in the public interest, it is

    ORDERED that the Settlement Agreement be, and is, hereby, accepted; and it is

    FURTHER ORDERED, that phil&teds USA shall comply with the terms of the Settlement Agreement and shall pay a civil penalty of $3,500,000, with $3,300,000 of the total suspended, subject to the terms and conditions of the Settlement Agreement. phil&teds USA shall pay the non-suspended portion of the penalty, $200,000, in accordance with the terms set forth in the Settlement Agreement. Upon the occurrence of an Event of Default, as set forth in the Settlement Agreement, an amount equal to $3,500,000 (representing the entire civil penalty, including the suspended portion), plus any accrued and unpaid interest, minus any penalty amounts paid by phil&teds USA, shall immediately become due and payable.

    Provisionally accepted and provisional Order issued on the 8th day of September , 2015. BY ORDER OF THE COMMISSION: Todd A. Stevenson, Secretary U.S. Consumer Product Safety Commission
    [FR Doc. 2015-22892 Filed 9-10-15; 8:45 am] BILLING CODE 6355-01-P
    DEPARTMENT OF DEFENSE Department of the Air Force Notice Is Given of the Names of Members of the Performance Review Board for the Department of the Air Force AGENCY:

    Department of the Air Force, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    Notice is given of the names of members of the Performance Review Board for the Department of the Air Force.

    DATES:

    Effective Date: November 1, 2015.

    SUPPLEMENTARY INFORMATION:

    Pursuant to 5 U.S.C. 4314(c) (1-5), the Department of the Air Force (AF) announces the appointment of members to the AF's Senior Executive Service (SES) Performance Review Board (PRB). Appointments are made by the authorizing official. Each board member shall review and evaluate performance scores provided by the SES' immediate supervisor. Performance standards must be applied consistently across the AF. The board will make final recommendations to the authorizing official relative to the performance of the executive.

    The members of the 2015 Performance Review Board for the U.S. Air Force are:

    1. Board President—Gen McDew, Commander, United States Transportation Command.

    2. Gen Goldfein, Vice Chief of Staff of the Air Force.

    3. Honorable Lisa Disbrow, Under Secretary of the Air Force.

    4. Honorable Miranda Ballentine, Assistant Secretary of the Air Force for Installations, Environment, and Logistics.

    5. Lt Gen James McLaughlin, Deputy Commander at United States Cyber Command.

    6. Lt Gen Andrew Busch, Director, Defense Logistics Agency.

    7. Ms. Thomas, Deputy Chief Management Officer of the Air Force.

    8. Mr. Gill, Executive Director, Air Force Materiel Command.

    9. Mr. Hartley, Principal Deputy Assistant Secretary of the Air Force for Installations, Environment and Energy.

    10. Mr. Bennett, Principal Deputy Assistant Secretary of the Air Force for Financial Management and Comptroller.

    11. Mr. Lombardi, Principal Deputy Assistant Secretary of the Air Force (Acquisition).

    12. Mr. Corsi, Assistant Deputy Chief of Staff for Manpower, Personnel and Services.

    13. Mr. Salvatori, Director, Capabilities Management Office.

    14. Mr. Geurts, Acquisition Executive, U.S. Special Operations Command.

    15. Mr. Fedrigo, Deputy Assistant Secretary of the Air Force for Reserve Affairs and Airman Readiness.

    16. Ms. Kay, Director of Security, Special Program Oversight and Information Protection. Additionally, all career status Air Force Tier 3 SES members not included in the above list are eligible to serve on the 2015 Performance Review Board and are hereby nominated for inclusion on an ad hoc basis in the event of absence(s).

    FOR FURTHER INFORMATION CONTACT:

    Please direct any written comments or requests for information to Dr. Daramia Hinton, Deputy Director, Senior Executive Management, AF/DPS, 1040 Air Force Pentagon, Washington, DC 20330-1040 (PH: 703-695-7677; or via email at [email protected]).

    Henry Williams, Acting, Air Force Federal Register Liaison Officer.
    [FR Doc. 2015-22889 Filed 9-10-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID USA-2015-HQ-0035] Proposed Collection; Comment Request AGENCY:

    Army & Air Force Exchange Service (Exchange), DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Army & Air Force Exchange announces a proposed public information collection and seeks public comment on the provisions thereof. 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 information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by November 10, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Army and Air Force Exchange Service, Office of the General Counsel, Compliance Division, Attn: Teresa Schreurs, 3911 South Walton Walker Blvd., Dallas, TX 75236-1598 or call the Exchange Compliance Division at 800-967-6067.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Exchange Security Clearance Process for Contractor/Vendor Personnel, Exchange Form 3900-013 “Electronic Questionnaires for Investigations Processing (e-QIP) Request”, Exchange Form 3900-002 “Trusted Associate Sponsorship System (TASS Request Form)”, Exchange Form 3900-006 “Background Check for Vendors/Contractors”, OMB Control Number 0702-XXXX.

    Needs and Uses: The information collection requirement is necessary for the processing of all Army and Air Force Exchange security clearance actions, to record security clearances issued or denied; and to verify eligibility for access to classified information or assignment to a sensitive position.

    Affected Public: Individuals and/or households, Business or other for profit.

    Annual Burden Hours: 4,600.

    Number of Respondents: 2,300.

    Responses per Respondent: 1.

    Annual Responses: 2,300.

    Average Burden per Response: 120 minutes.

    Frequency: On occasion.

    Respondents are individuals and/or households affiliated with Army and Air Force Exchange Service (Exchange) by assignment, employment contractual relationship, or as a result of an inter service support agreement on which personnel security clearance determination has been completed or is pending. Information collected is utilized to process the personnel security clearance of contractors and/or vendors to work at an Exchange facility, record the security clearances issued or denied, and to verify the eligibility for access to classified information or assignment to a sensitive position. In addition to utilizing the information for processing security clearances, the information may also be used by Exchange executives for adverse personnel actions such as removal from sensitive duties, removal from contract agreement, denial to a restricted or sensitive area, and revocation of security clearance.

    Dated: September 4, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-22854 Filed 9-10-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The inventions listed below are assigned to the United States Government, as represented by the Secretary of the Navy and are available for domestic and foreign licensing by the Department of the Navy.

    The following patents are available for licensing: Patent No. 9,054,544: ACCESSORY MOUTNING APPARATUS FOR A VEHICLE//Patent No. 9,083,078: UNIVERSAL ANTENNA MOUNTING BRACKET//Patent No. 9,079,211: INTERGRANULAR CORROSION (IGC) AND INTERGRANULAR STRESS CORROSION CRACKING (IGSCC) RESISTANCE IMPROVEMENT METHOD FOR METALLIC ALLOYS//Patent No. 9,080,989: WHISKER MANUFACTURING, DETECTION, RESPONSE, AND COMPOUND MANUFACTURING APPARATUS AND METHOD//Patent No. 9,081,409: EVENT DETECTION CONTROL SYSTEM FOR OPERATING A REMOTE SENSOR OR PROJECTILE SYSTEM//Patent No. 9,083,418: VERSATILE ANTENNA RECEIVED SIGNAL STRENGTH MEASUREMENT SYSTEM NOT AFFECTING PATTERN AND RECEIVER PERFORMANCE.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, telephone 812-854-4100.

    Authority:

    35 U.S.C. 207, 37 CFR Part 404.

    Dated: August 28, 2015. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2015-22921 Filed 9-10-15; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION National Advisory Committee on Institutional Quality and Integrity Meeting AGENCY:

    National Advisory Committee on Institutional Quality and Integrity (NACIQI), Office of Postsecondary Education, U.S. Department of Education.

    ACTION:

    Announcement of an open meeting.

    SUMMARY:

    This notice sets forth the agenda for the December 16, 17, and 18, 2015, meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI), and provides information to members of the public on submitting written comments and on requesting to make oral comments at the meeting. The notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act (FACA) and section 114(d)(1)(B) of the Higher Education Act (HEA) of 1965, as amended.

    DATES:

    The NACIQI meeting will be held December 16, 17, and 18, 2015, from 8:30 a.m. to 5:30 p.m. at a location in the Washington DC area to be announced in a later notice.

    ADDRESSES:

    The exact location of the meeting will be published at a later date in the Federal Register and on the Department's Web site at http://www2.ed.gov/about/bdscomm/list/naciqi.html#meetings by November 13, 2015.

    SUPPLEMENTARY INFORMATION:

    NACIQI's Statutory Authority and Function: The NACIQI is established under section 114 of the Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1011c. The NACIQI advises the Secretary of Education about:

    • The establishment and enforcement of the criteria for recognition of accrediting agencies or associations under subpart 2, part H, title IV of the HEA, as amended.

    • The recognition of specific accrediting agencies or associations or a specific State public postsecondary vocational education or nurse education approval agency.

    • The preparation and publication of the list of nationally recognized accrediting agencies and associations.

    • The eligibility and certification process for institutions of higher education under title IV of the HEA, together with recommendations for improvement in such process.

    • The relationship between (1) accreditation of institutions of higher education and the certification and eligibility of such institutions, and (2) State licensing responsibilities with respect to such institutions.

    • Any other advisory function relating to accreditation and institutional eligibility that the Secretary may prescribe.

    Meeting Agenda: Below is a list of agencies, including their current and requested scopes of recognition, scheduled for review during the December 2015 meeting:

    Application for Initial Recognition

    Association of Institutions for Jewish Studies Requested scope of recognition: The accreditation of postsecondary institutions of Jewish Studies within the United States exclusively offering educational programs leading to a certificate, associate degree, baccalaureate degree or their equivalent credential in Jewish Studies or Classical Torah Studies.

    (The agency does not accredit any institution or program that offers credit for distance education or correspondence education.)

    Applications for Renewal of Recognition 1. American Board of Funeral Service Education

    Scope of recognition: The accreditation of institutions and programs within the United States awarding diplomas, associate degrees and bachelor's degrees in funeral service or mortuary science, including the accreditation of distance learning courses and programs offered by these programs and institutions.

    2. American Speech-Language-Hearing Association, Council on Academic Accreditation in Audiology and Speech—Language Pathology

    Scope of recognition: The accreditation and preaccreditation (Accreditation Candidate) throughout the United States of education programs in audiology and speech-language pathology leading to the first professional or clinical degree at the master's or doctoral level, and the accreditation of these programs offered via distance education.

    3. Commission on Massage Therapy Accreditation

    Scope of recognition: The accreditation of institutions and programs in the United States that award postsecondary certificates, postsecondary diplomas, academic Associate degrees and occupational Associate degrees, in the practice of massage therapy, bodywork, and aesthetics/esthetics and skin care, including components of programs which are offered through distance learning modalities.

    4. Council on Naturopathic Medical Education

    Scope of recognition: The accreditation and preaccreditation throughout the United States of graduate-level, four-year naturopathic medical education programs leading to the Doctor of Naturopathic Medicine (N.M.D.) or Doctor of Naturopathy (N.D.)

    5. Midwifery Education Accreditation Council

    Scope of recognition: The accreditation and preaccreditation throughout the United States of direct- entry midwifery educational institutions and programs conferring degrees and certificates, including the accreditation of such programs offered via distance education.

    6. Montessori Accreditation Council for Teacher Education

    Scope of recognition: The accreditation of Montessori teacher education institutions and programs throughout the United States, including those offered via distance education.

    7. National Accrediting Commission of Career Arts and Sciences, Inc.

    Scope of recognition: The accreditation throughout the United States of postsecondary schools and departments of cosmetology arts and sciences and massage therapy.

    Compliance Reports

    1. Accrediting Commission for Education in Nursing (Consideration of relevant and material information not contained in the record pursuant to 34 CFR 602.36(g)(1)(i) and (ii).)

    Scope of recognition: Accreditation of nursing education programs and schools, both postsecondary and higher degree, which offer a certificate, diploma, or a recognized professional degree including clinical doctorate, masters, baccalaureate, associate, diploma, and practical nursing programs in the United States and its territories, including those offered via distance education.

    2. Council on Accreditation of Nurse Anesthesia Educational Programs

    Scope of recognition: The accreditation of institutions and programs of nurse anesthesia at the post master's certificate, master's, or doctoral degree levels in the United States, and its territories, including programs offering distance education.)

    3. Northwest Commission on Colleges and Universities

    Scope of recognition: The accreditation and preaccreditation (“Candidacy status”) of postsecondary degree-granting educational institutions in Alaska, Idaho, Montana, Nevada, Oregon, Utah, and Washington, and the accreditation of programs offered via distance education within these institutions.

    4. Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges

    Scope of recognition: The accreditation and preaccreditation (“Candidate for Accreditation”) of two-year, associate degree-granting institutions located in California, Hawaii, the United States territories of Guam and American Samoa, the Republic of Palau, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, and the Republic of the Marshall Islands, including the accreditation of such programs offered via distance education at these colleges.

    Requested Scope of Recognition: The accreditation and preaccreditation (“Candidate for Accreditation”) of community and other colleges with a primarily pre-baccalaureate mission located in California, Hawaii, the United States territories of Guam and American Samoa, the Republic of Palau, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, and the Republic of the Marshall Islands, which offer certificates, associate degrees, and the first baccalaureate degree by means of a substantive change review offered by institutions that are already accredited by the agency, and such programs offered via distance education and correspondence education at these colleges. This recognition also extends to the Committee on Substantive Change of the Commission, for decisions on substantive changes, and the Appeals Panel.

    State Approval Agency for Public Postsecondary Vocational Education—Applications for Renewal of Recognition 1. New York State Board of Regents (Public Postsecondary Vocational Education) 2. Oklahoma Department of Career & Technology Education 3. Pennsylvania State Board for Vocational Education, Bureau of Career and Technical Education 4. Puerto Rico State Agency for the Approval of Public Postsecondary Vocational, Technical Institutions and Programs State Approval Agency for Nurse Education—Applications for Renewal of Recognition 1. Kansas State Board of Nursing 2. Maryland Board of Nursing 3. New York State Board of Regents (Nursing Education) Degree Modification (substantive change notification) for Military Educational Institutions

    United States Air Force Institute of Technology, Graduate School of Engineering and Management (request to offer Masters in Operations Management degree at an additional location at Kirtland Air Force Base, Albuquerque, NM).

    Pursuant to 10 U.S.C. 9314, the United States Air Force Institute of Technology has submitted a request for modification of existing degree-granting authority to the U.S. Secretary of Education. The NACIQI is the designated review committee for matters concerning degree-granting authority of military educational institutions as outlined in the U.S. Department of Defense Instruction 5545.04 (DoDI 5545.04) and the Federal Policy Governing the Granting of Academic Degrees by Federal Agencies and Institutions (approved by a letter, dated December 23, 1954, from the Director, Bureau of the Budget, to the Secretary for Health, Education, and Welfare). Under DoDI 5545.04, recommendations by the U.S. Secretary of Education regarding substantive change requests submitted by military educational institutions will be included with subsequent notification to the House and Senate Armed Services Committees.

    Submission of written comments regarding a specific accrediting agency or state approval agency under review: Written comments about the recognition of a specific accrediting or State agency must be received by September 25, 2015, in the [email protected] mailbox and include the subject line “Written Comments: (agency name).” The email must include the name(s), title, organization/affiliation, mailing address, email address, and telephone number of the person(s) making the comment. Comments should be submitted as a Microsoft Word document or in a medium compatible with Microsoft Word (not a PDF file) that is attached to an electronic mail message (email) or provided in the body of an email message. Comments about an agency's recognition after review of a compliance report must relate to issues identified in the compliance report and the criteria for recognition cited in the Secretary's letter that requested the report. Comments about the renewal of an agency's recognition based on a review of the agency's petition must relate to its compliance with the Criteria for the Recognition of Accrediting Agencies, or the Criteria and Procedures for Recognition of State Agencies for Approval of Public Postsecondary Vocational Education, as appropriate, which are available at http://www.ed.gov/admins/finaid/accred/index.html. Only material submitted by the deadline to the email address listed in this notice, and in accordance with these instructions, become part of the official record concerning agencies scheduled for review and are considered by the Department and NACIQI in their deliberations. Please do not send material directly to NACIQI members.

    Submission of requests to make an oral comment regarding a specific accrediting agency or state approval agency under review: There are two methods the public may use to make a third-party oral comment of three minutes concerning one of the agencies scheduled for review at the December 16,17, and 18, 2015 meeting. Oral comments about agencies undergoing review must relate to the Criteria for Recognition of Accrediting Agencies, or the Criteria and Procedures for Recognition of State Agencies for Approval of Public Postsecondary Vocational Education, as appropriate, which are available at: http://www.ed.gov/admins/finaid/accred/index.html

    Method One: Submit a request by email to the [email protected] mailbox. Please do not send material directly to NACIQI members. Requests must be received by September 25, 2015, and include the subject line “Oral Comment Request: (agency name).” The email must include the name(s), title, organization/affiliation, mailing address, email address, telephone number, of the person(s) requesting to speak, and a brief summary (not to exceed one page) of the principal points to be made during the oral presentation. All individuals submitting an advance request in accordance with this notice will be afforded an opportunity to speak.

    Method Two: Register at the meeting location on December 16, 17, or 18, 2015, to make an oral comment during NACIQI's deliberations concerning a particular agency or institution scheduled for review. The requestor must provide his or her name, title, organization/affiliation, mailing address, email address, and telephone number. A total of up to fifteen minutes during each agency review will be allotted for oral commenters who register on December 16, 17, or 18, 2015. Individuals will be selected on a first-come, first-served basis. If selected, each commenter may not exceed three minutes.

    The oral comments made will become part of the official record and will be considered by the Department and NACIQI in their deliberations. No individual in attendance or making oral presentations may distribute written materials at the meeting.

    Access to Records of the Meeting: The Department will post the official report of the meeting on the NACIQI Web site 90 days after the meeting. Pursuant to the FACA, the public may also inspect the materials at 1990 K Street NW., Washington, DC, by emailing [email protected]or by calling (202) 502-7696 to schedule an appointment.

    Reasonable Accommodations: The meeting site is accessible to individuals with disabilities. If you will need an auxiliary aid or service to participate in the meeting (e.g., interpreting service, assistive listening device, or materials in an alternate format), notify the contact person listed in this notice at least two weeks before the scheduled meeting date. Although we will attempt to meet a request received after that date, we may not be able to make available the requested auxiliary aid or service because of insufficient time to arrange it.

    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.

    Authority:

    20 U.S.C. 1011c.

    Jamienne S. Studley, Deputy Under Secretary.
    [FR Doc. 2015-22925 Filed 9-10-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP14-554-000; CP15-16-000; CP15-17-000] Florida Southeast Connection, LLC; Transcontinental Gas Pipe Line Company, LLC; Sabal Trail Transmission, LLC Notice of Availability of the Draft Environmental Impact Statement for the Proposed Southeast Market Pipelines Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a draft environmental impact statement (EIS) for the Hillabee Expansion, Sabal Trail, and Florida Southeast Connection (FSC) Projects as proposed by Transcontinental Gas Pipe Line Company, LLC (Transco), Sabal Trail Transmission, LLC (Sabal Trail), and Florida Southeast Connection, LLC (FSC), respectively, in the above-referenced dockets. These are separate, but connected, natural gas transmission pipeline projects collectively referred to as the Southeast Market Pipelines (SMP) Project. The applicants request authorization to construct and operate a total of about 685.5 miles of natural gas transmission pipeline and associated facilities, six new natural gas-fired compressor stations, and modify existing compressor stations in Alabama, Georgia, and Florida. The SMP Project would provide about 1.1 billion cubic feet per day of natural gas to meet growing demands by the electric generation, distribution, and end use markets in Florida and the southeast United States.

    The draft EIS assesses the potential environmental effects of the construction and operation of the SMP Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the SMP Project would have some adverse environmental impacts; however, these impacts would be reduced to less-than-significant levels with the implementation of the applicants' proposed mitigation and the additional measures recommended in the draft EIS.

    The U.S. Army Corps of Engineers (USACE) participated as a cooperating agency in the preparation of the draft EIS. The USACE has jurisdiction by law or special expertise with respect to resources potentially affected by the proposals and is participating in the NEPA analysis. The USACE has jurisdictional authority pursuant to section 404 of the Clean Water Act, which governs the discharge of dredged or fill material into waters of the United States; section 10 of the Rivers and Harbors Act, which regulates any work or structures that potentially affect the navigable capacity of navigable waters of the United States; and section 14 of the Rivers and Harbors Act which regulates the temporary occupation of water-related structures constructed by the United States. The USACE may adopt and use the EIS to support its review of the SMP Project. Although the cooperating agency provides input to the conclusions and recommendations presented in the draft EIS, the agency will present its own conclusions and recommendations in its Record of Decision for the project. A copy of the USACE's public notice of its receipt of applications from Transco, Sabal Trail, and FSC is enclosed with our draft EIS.

    The draft EIS of the SMP Project addresses the potential environmental effects of the construction and operation of the following project facilities:

    The Hillabee Expansion Project would include:

    • Approximately 43.5 miles of new 42- and 48-inch-diameter natural gas pipeline loop 1 in Alabama;

    1 A loop is a segment of pipe that is installed adjacent to an existing pipeline and connected to it at both ends. A loop generally allows more gas to move through the system.

    • one new compressor station in Choctaw County, Alabama and modifications to three existing compressor stations in Dallas, Chilton, and Coosa Counties, Alabama; and

    • installation of pig 2 launchers/receivers and mainline valves (MLVs).

    2 A pig is an internal tool that can be used to clean and dry a pipeline and/or to inspect it for damage or corrosion.

    The Sabal Trail Project would include:

    • Approximately 515.5 miles of new natural gas pipeline in Alabama, Georgia, and Florida, including:

    ○ 480.9 miles of 36-inch-diameter mainline pipeline in Alabama, Georgia, and Florida;

    ○ the 21.5-mile-long, 24-inch-diameter Citrus County Line in Florida; and

    ○ the 13.1-mile-long, 36-inch-diameter Hunters Creek Line in Florida;

    • five new compressor stations in Tallapoosa County, Alabama; Dougherty County, Georgia; and Suwannee, Marion, and Osceola Counties, Florida;

    • subsequent modifications to two of the new compressor stations in Dougherty County, Georgia and Suwannee County, Florida; and

    • installation of pig launchers/receivers, MLVs, and meter and regulating stations.

    The FSC Project would include:

    • Approximately 126.4 miles of new 30- and 36-inch-diameter natural gas pipeline in Florida; and

    • installation of pig launchers/receivers, MLVs, and meter and regulating stations.

    The FERC staff mailed copies of the draft EIS to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; newspapers and libraries in the project area; and parties to this proceeding. Paper copy versions of this draft EIS were mailed to those specifically requesting them; all others received a CD version. In addition, the draft EIS is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies are available for distribution and public inspection at:

    Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the draft EIS may do so. To ensure consideration of your comments on the proposal in the final EIS, it is important that the Commission receive your comments by October 26, 2015.

    For your convenience, there are four methods you can use to submit your comments to the Commission. In all instances, please reference the appropriate docket numbers (CP14-554-000 for the FSC Project; CP15-16-000 for the Hillabee Expansion Project; or CP15-17-000 for the Sabal Trail Project) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket numbers (CP14-554-000, CP15-16-000, and CP15-17-000) with your submission:

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    (4) In lieu of sending written or electronic comments, the Commission invites you to attend one of the public meetings its staff will conduct in the SMP Project area to receive comments on the draft EIS. We encourage interested groups and individuals to attend and present oral comments on the draft EIS. The meetings are scheduled as follows:

    Date and time Location Monday, September 28, 2015, 6:00-8:00 p.m. Eastern Daylight Time (EDT) Albany Civic Center—Meeting Room, 100 West Oglethorpe, Albany, GA 31701. Tuesday, September 29, 2015, 6:00-8:00 p.m. EDT Colquitt County High School (Old High School), Withers Auditorium, 1800 Park Avenue, Moultrie, GA 31776. Wednesday, September 30, 2015, 6:00-8:00 p.m. EDT Holiday Inn Valdosta, Conference Center, Magnolia Ballroom, 1805 West Hill Ave., Valdosta, GA 31601. Thursday, October 1, 2015, 6:00-8:00 p.m. EDT Columbia High School—Auditorium, 469 SE Fighting Tiger Drive, Lake City, FL 32025. Monday, October 5, 2015, 6:00-8:00 p.m. Central Daylight Time (CDT) Central Alabama Community College, Betty Carol Graham Technology Center—Multi Purpose Room, 1675 Cherokee Road, Alexander City, AL 35010. Monday, October 5, 2015, 6:00-8:00 p.m. EDT Indian River State College, Williamson Conference Center Auditorium, 2229 Northwest 9th Avenue, Okeechobee, FL 34972. Tuesday, October 6, 2015, 6:00-8:00 p.m. CDT South Girard School Auditorium, 521 Fontaine Road, Phenix City, AL 36869. Tuesday, October 6, 2015, 6:00-8:00 p.m. EDT Dunnellon Middle School Auditorium, 21005 Chestnut Street, Dunnellon, FL 34431. Wednesday, October 7, 2015, 6:00-8:00 p.m. EDT Davenport School of the Arts Cafeteria, 4751 County Road 547, (Lee Jackson Highway), Davenport, FL 33837. Thursday, October 8, 2015, 6:00-8:00 p.m. EDT Bell High School Auditorium, 930 South Main Street, Bell, FL 32619.

    We will begin our sign up of speakers at 5:30 p.m. The comment meetings will begin at 6:00 p.m. with a presentation by Commission staff on our environmental review process, after which speakers will be called. The meeting will end once all speakers have provided their comments or at 8:00 p.m., whichever comes first. Please note that there may be a time limit of 3 minutes to present comments, and speakers should structure their comments accordingly. If time limits are implemented, they will be strictly enforced to ensure that as many individuals as possible are given an opportunity to comment. The meetings are recorded by a stenographer to ensure comments are accurately recorded. Transcripts will be entered into the formal record of the Commission proceeding. It is important to note that verbal comments hold the same weight as written or electronically submitted comments.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR part 385.214).3 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    3 See the previous discussion on the methods for filing comments.

    Questions?

    Additional information about the SMP Project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP14-554, CP15-16, and CP15-17). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676; for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: September 4, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-22914 Filed 9-10-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14628-001] Minneapolis Leased Housing Associates IV, Limited Partnership; Notice of Availability of Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission or FERC) regulations, 18 Code of Federal Regulations Part 380 (Order No. 486, 52 Federal Register 47879), the Office of Energy Projects has reviewed Minneapolis Leased Housing Associates IV, Limited Partnership's application for an original license to operate the A-Mill Artist Lofts Hydroelectric Project (FERC Project No. 14628-001), which would be located on the Mississippi River in the City of Minneapolis, Hennepin County, Minnesota, and prepared an environmental assessment (EA).

    In the EA, Commission staff analyze the potential environmental effects of licensing the project and conclude that licensing the project, with appropriate measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    A copy of the EA is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at 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] or toll-free number at 1-866-208-3676, or for TTY, 202-502-8659.

    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    For further information, please contact Shana Murray by telephone at (202) 502-8333 or by email at [email protected]

    Dated: September 4, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-22918 Filed 9-10-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-513-000] Texas Gas Transmission, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Northern Supply Access Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Northern Supply Access Project (Project), which would involve construction and operation of facilities by Texas Gas Transmission, LLC (Texas Gas) in Ohio, Indiana, Kentucky, Tennessee, Mississippi, and Louisiana. The Commission will use this EA in its decision-making process to determine whether the Project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the Project. You can make a difference by providing use with your specific comments or concerns about the Project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues need to be evaluated in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before October 5, 2015.

    If you sent comments on this project to the Commission before the opening of this docket on June 5, 2015, you will need to file those comments in Docket No. CP15-513-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this Project. State and local government representatives should notify their constituents of this planned Project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the Project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement and the Project is approved, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Texas Gas provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. In all instances, please reference the Project docket number (CP15-513-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instruction so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Summary of the Planned Project

    Texas Gas proposes to construct, install, own, operate, and maintain the proposed Northern Supply Access Project, which (as described more fully below) would involve modifications at eight existing compressor stations along its existing pipeline and one new compressor station located in Ohio, Indiana, Kentucky, Tennessee, Mississippi, and Louisiana. The project is designed to provide an additional 384,000 million standard cubic feet of natural gas per day of north to south transportation capacity on Texas Gas's system while maintaining bi-directional flow capability on its system.

    Texas Gas proposes to modify seven existing compressor stations located in Lawrence and Dearborn Counties, Indiana; Webster, Breckinridge, and Jefferson Counties, Kentucky; Tipton County, Tennessee; and Coahoma County, Mississippi, by installing yard and station pipeline and various auxiliary facilities. Texas Gas also proposes to modify the existing Bastrop Compressor Station in Morehouse Parish, Louisiana by classifying four existing compressor units as back-up units (a total of 7,040 horsepower) and adding one new 9,688 horsepower turbine compressor unit. The Project also includes the construction and operation of the new 23,877 horsepower Harrison Compressor Station in Hamilton County, Ohio.

    The general location of the Project facilities is shown in Appendix 1.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 146 acres of land. Following construction, Texas Gas would retain about 13 acres to operate the new facilities, the remaining acreage would be restored and revert to former uses.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This discovery process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    2 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation and maintenance of the planned Project under these general headings:

    • Geology and soils;

    • water resources, fisheries, and wetlands;

    • vegetation and wildlife, including migratory birds;

    • endangered and threatened species;

    • land use, including residential, commercial, and prime farmland uses;

    • cultural resources;

    • socioeconomics;

    • air quality and noise;

    • public safety; and

    • cumulative impacts.

    We will also evaluate reasonable alternatives to the proposed Project or portions of the Project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received durin ghte scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section of this notice, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this Project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for Section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with applicable State Historic Preservation Offices (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the Project's potential effects on historic properties.4 We will define the Project-specific Area of Potential Effects (APE) in consultation with the SHPOs as the Project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under Section 106.

    4 The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes: federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for Project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the Project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed Project.

    If we publish and distribute the EA, copies will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (Appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the Project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP15-513). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: September 4, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-22916 Filed 9-10-15; 8:45 pm] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-498-000] Eastern Shore Natural Gas Company; Notice of Intent To Prepare an Environmental Assessment For the Proposed System Reliability Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the System Reliability Project involving construction and operation of facilities by Eastern Shore Natural Gas Company (Eastern Shore) in Kent, New Castle, and Sussex Counties, Delaware. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before October 5, 2015.

    If you sent comments on this project to the Commission before the opening of this docket on May 22, 2015, you will need to file those comments in Docket No. CP15-498-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Eastern Shore provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need to Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]. Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP15-498-000) with your submission:

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426. Summary of the Proposed Project

    Eastern Shore proposes to construct and operate 10.1 miles of new natural gas pipeline loops 1 in New Castle and Kent County, Delaware, and modify its existing Bridgeville Compressor Station in Sussex County, Delaware. According to Eastern Shore, its project would increase the reliability of natural gas to Eastern Shore's existing customers during high demand winter months; this need was not fully met in 2014 and 2015 and resulted in gas service “brown outs.”

    1 A pipeline loop is a segment of pipe constructed parallel to an existing pipeline to increase capacity.

    The Eastern Shore System Reliability Project would consist of the following facilities:

    • 2.5 miles of 16-inch-diameter looping pipeline in New Castle County;

    • pigging facilities 2 at the existing Glasgow Control Station in New Castle County;

    2 A “pig” is a tool that the pipeline company inserts into and pushes through the pipeline for cleaning the pipeline, conducting internal inspections, or other purposes. A pipeline loop is a segment of pipe constructed parallel to an existing pipeline to increase capacity.

    • about 7.6 miles of 16-inch diameter looping pipeline, one mainline valve assembly, pigging facilities, and one permanent access road in Kent County; and

    • an additional 1,775 horsepower of compression, a new operations control station, and one permanent access road at the existing Bridgeville Compressor Station in Sussex County.

    The general location of the project facilities is shown in appendix 1.3

    3 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 156.7 acres of land for the aboveground facilities and the pipeline. Following construction, Eastern Shore would maintain about 11.8 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses. All of the proposed pipeline route would parallel existing pipeline, utility, or road rights-of-way; about 3 percent of the proposed project would be contained within Eastern Shore's existing right-of-way and the rest of the project (97%) would be constructed on adjacent property.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 4 to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    4 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • geology and soils;

    • land use;

    • water resources, fisheries, and wetlands;

    • cultural resources;

    • vegetation and wildlife;

    • air quality and noise;

    • endangered and threatened species;

    • public safety; and

    • cumulative impacts.

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.5 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    5 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.6 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    6 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    If we publish and distribute the EA, copies will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site at www.ferc.gov using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP15-498). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: September 4, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-22915 Filed 9-10-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP15-539-000; CP15-514-000] Columbia Gulf Transmission, LLC; Columbia Gas Transmission, LLC; Notice of Intent To Prepare an Environmental Impact Statement for the Rayne Xpress Expansion Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will evaluate the environmental impacts of the Rayne XPress Expansion Project (project) in an environmental impact statement (EIS) being prepared for the related Leach XPress Project filed by Columbia Gas Transmission (Columbia Gas) in Docket No. CP15-514.1 The Rayne XPress Expansion Project involves construction and operation of facilities by Columbia Gulf Transmission, LLC (Columbia Gulf) in Carter, Menifee and Montgomery Counties, Kentucky. The Commission will use this EIS in its decision-making process to determine whether the project is in the public convenience and necessity.

    1 A Notice of Application was issued on June 22, 2015 for the Leach XPress Project. The NOI stated that Columbia Gulf, one of Columbia Gas's affiliates, may be proposing a project which may have some connection to the Leach XPress Project. The Leach XPress Project was in the pre-filing phase until filed on June 8, 2015 under Docket No. PF14-023.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EIS. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before October 5, 2015.

    If you sent comments on this project to the Commission before the opening of this docket on July 29, 2015, you will need to file those comments in Docket No. CP15-539-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Columbia Gulf provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP15-539-000) with your submission:

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426. Summary of the Proposed Project

    Columbia Gulf plans to construct and operate 51,800 horsepower (hp) of new compression in Carter, Menifee and Montgomery Counties, Kentucky, and modification of the existing Means Measurement and Regulation Station in Montgomery County, Kentucky. The project would provide about 621,000 Dekatherms per day of firm transportation on its system.

    The project would consist of the following facilities:

    • A new 36,400 hp Grayson Compressor Station consisting of two gas-driven compressor units at Milepost (MP) 68 on Columbia Gulf's existing Mainline 100, 200 and 300 pipelines in in Carter County, Kentucky;

    • a new 15,400 hp Means Compressor Station consisting of two gas-driven compressor units at MP 6.5 on Columbia Gulf's existing Mainline 100, 200 and 300 pipelines in in Menifee and Montgomery Counties, Kentucky; and

    • modifications to station piping and Supervisory Control and Data Acquisition systems at the existing Means Measurement and Regulation Station in Montgomery County, Kentucky.

    The general location of the project facilities is shown in appendix 2.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 34 acres of land, converting about 17 acres of land to industrial land use under permanent operation of the project's facilities. Columbia Gulf would restore the remaining acreage to former uses.

    The EIS Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EIS on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EIS. We will consider all filed comments during the preparation of the EIS.

    2 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EIS we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology;

    • soils;

    • water resources, including surface water and groundwater;

    • wetlands;

    • vegetation and wildlife, including migratory birds;

    • fisheries and aquatic resources;

    • threatened, endangered, and other special status species;

    • land use, recreation, special interest areas, and visual resources;

    • socioeconomics;

    • cultural resources;

    • air quality and noise;

    • public safety and reliability; and

    • cumulative environmental impacts.

    We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EIS will present our independent analysis of the issues. We will publish and distribute the draft EIS for public comment. After the comment period, we will consider all timely comments and revise the document, as necessary, before issuing a final EIS. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this project to formally cooperate with us in the preparation of the EIS.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office(s), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO(s) as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EIS for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    Copies of the completed draft EIS will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site at www.ferc.gov using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP15-539). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: September 4, 2015. Kimberly D. Bose, Secretary.
    [FR Doc. 2015-22917 Filed 9-10-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2015-0202; FRL-9933-72-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Recordkeeping and Reporting Related to E15 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “Recordkeeping and Reporting Related to E15” (EPA ICR No. 2408.04, OMB Control No. 2060-0675) 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.). Public comments were previously requested via the Federal Register (80 FR 15595) on March 24, 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 October 13, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OAR-2015-0202, 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:

    Geanetta Heard, Fuel Compliance Center, 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-343-9017 fax number: 202-565-2085 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, EPA 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: Under the Clean Air Act (CAA), EPA granted partial waivers that allow gasoline containing greater than 10 volume percent (vol%) ethanol up to 15 vol% ethanol (E15) to be introduced into commerce for use in model year (MY) 2001 and newer light-duty motor vehicles, subject to certain conditions. EPA issued final rule establishing several measures to mitigate misfueling of other vehicles, engines and equipment with E15 and the potential emissions consequences of misfueling. The rule prohibits the use of gasoline containing more than 10 vol% ethanol in vehicles, engines and equipment that are not covered by the partial waiver decisions. The rule also requires all E15 gasoline fuel dispensers to have a specific label when a retail station or wholesale-purchaser consumer chooses to sell E15. In addition, the rule requires that product transfer documents (PTDs) specifying ethanol content and Reid Vapor Pressure (RVP) accompany the transfer of gasoline blended with ethanol, and a survey of retail stations to ensure compliance with these requirements. The rule also modifies the Reformulated Gasoline (RFG) program by updating the Complex Model to allow fuel manufacturers to certify batches of gasoline containing up to 15 vol% ethanol. This ICR supporting statement addresses associated recordkeeping and reporting items.

    Respondent's obligation to respond: Mandatory (40 CFR part 80).

    Estimated number of respondents: 2,103 (total).

    Estimated number of responses: 44,000,103.

    Frequency of response: On occasion.

    Total estimated burden: 13,270 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $ 1,340,292, which includes no annualized capital or operation & maintenance costs.

    Changes in Estimates: We expect there will be a decrease in the total estimated respondents, responses and cost to the industry compared to the ICR currently approved by OMB. This change in burden is due to no longer requiring the programing of product transfer codes in this collection. The respondent universe decreased from 6,211 to 2,103, a difference of 4,108 members. The number of responses declined from 44,010,211 to 44,000,103, a difference of 10,108 reports. This reduced the industry burden hours from 37,350 to 13,270.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-22900 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9022-8] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www2.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements (EISs). Filed 08/31/2015 Through 09/04/2015. Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: http://www.cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

    EIS No. 20150253, Draft, USACE, PR, Caño Martín Peña Ecosystem Restoration Project, Comment Period Ends: 10/26/2015, Contact: Jim Suggs 904-232-1018. EIS No. 20150254, Draft, FRA, AZ, Arizona Passenger Rail Corridor: Tucson to Phoenix, Comment Period Ends: 10/30/2015, Contact: Andrea Martin 202-493-6201. EIS No. 20150255, Draft, USACE, TX, Sabine Pass to Galveston Bay, Texas, Coastal Storm Risk Reduction and Ecosystem Restoration, Comment Period Ends: 10/26/2015, Contact: Janelle Stokes 409-766-3039. EIS No. 20150256, Draft, FERC, FL, Southeast Market Pipeline Project, Comment Period Ends: 10/26/2015, Contact: John Peconom 202-502-6352. EIS No. 20150257, Final, USDA, PRO, Programmatic—Asian Longhorned Beetle Eradication Program, Review Period Ends: 10/12/2015, Contact: Jim E. Warren 202-316-3216. EIS No. 20150258, Draft, USACE, CA, Panoche Valley Solar Facility, Comment Period Ends: 10/26/2015, Contact: Lisa M. Gibson 916-557-5288. Amended Notices EIS No. 20150210, Draft, USFS, WY, Teton to Snake Fuels Management, Comment Period Ends: 10/05/2015, Contact: Steve Markason 307-739-5431 Revision to FR Notice Published 08/07/2015; Extending Comment Period from 09/21/2015 to 10/05/2015. Dated: September 8, 2015. Karin Leff, Acting Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2015-22932 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0089; FRL-9933-40-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Semiconductor Manufacturing (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Semiconductor Manufacturing (40 CFR part 63, subpart BBBBB) (Renewal)” (EPA ICR No. 2042.06, OMB Control No. 2060-0519), 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 (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 October 13, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0089, 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 affected entities are subject to the General Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes, or additions to the Provisions specified at 40 CFR part 63, subpart BBBBB. Owners or operators of the affected facilities must submit an initial notification report, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Semiconductor manufacturing facilities.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart BBBBB).

    Estimated number of respondents: 1 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 41 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $4,710 (per year), including $550 in either annualized capital/start-up and/or operation & maintenance costs.

    Changes in the Estimates: There is a small increase in the respondent burden from the most- recently approved ICR due to an update in assumption and an adjustment in labor rates. In this ICR, we assume the existing major source will read and re-familiar with the rule requirement annually. We have also updated all burden calculations using the latest labor rates from the Bureau of Labor Statistics.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-22896 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0031; FRL-9933-85-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Petroleum Dry Cleaners (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NSPS for Petroleum Dry Cleaners (40 CFR part 60, subpart JJJ) (Renewal)” (EPA ICR No. 0997.11, OMB Control No. 2060-0079), 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 (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 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 October 13, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0031, 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 affected entities are subject to the General Provisions of the NSPS (40 CFR part 60, subpart A) and any changes, or additions, to the Provisions are specified at 40 CFR part 60, subpart JJJ. Owners or operators of the affected facilities must make an initial notification, performance tests, and maintain records of the initial and repeat performance test.

    Form Numbers: None.

    Respondents/affected entities: Petroleum dry cleaners.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart JJJ).

    Estimated number of respondents: 20 (total).

    Frequency of response: Initially.

    Total estimated burden: 1,850 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $186,000 (per year), including $0 for annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: In addition, we have updated all calculations using the latest labor rates, which results in an adjustment increase in total labor costs.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2015-22901 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2014-0071; FRL-9933-70-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Publicly Owned Treatment Works (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Publicly Owned Treatment Works (40 CFR part 63, subpart VVV) (Renewal)” (EPA ICR No. 1891.07, OMB Control No. 2060-0428), 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 (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 October 13, 2015.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2014-0071, 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: www.epa.gov/dockets.

    Abstract: The affected entities are subject to the General Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes or additions to the Provisions are specified at 40 CFR part 63, subpart VVV. Owners or operators of the affected facilities must submit initial notification reports, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Owners and operators of publicly owned treatment works.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart VVV).

    Estimated number of respondents: 6 (total).

    Frequency of response: Initially, occasionally, and semiannually.

    Total estimated burden: 17 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $1,730 (per year), including no annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is an increase in the respondent burden from the most recently approved ICR. This increase is not due to any program changes. EPA revised the burden calculations to assume that all respondents incur a rule familiarization burden annually. Previously, EPA assumed that only new sources would incur this burden. This change resulted in the burden increase in this ICR.

    Courtney Kerwin, Acting-Director, Collection Strategies Division.
    [FR Doc. 2015-22902 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-R08-OAR-2015-0450; FRL-9933-91-Region 8] Adequacy Determination for the Cache County PM2.5 Attainment Plan's Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of Utah AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of adequacy.

    SUMMARY:

    In this notice, the Environmental Protection Agency (EPA) is notifying the public that the EPA has found the following adequate for transportation conformity purposes: The Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah State Implementation Plan Section IX. Part A.23 and its motor vehicle emissions budgets (MVEB). As more fully explained in the Supplementary Information section of this notice, this finding will affect future transportation conformity determinations.

    DATES:

    This finding is effective on September 28, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Tim Russ, Air Program, Mailcode 8P-AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303) 312-6479, fax number (303) 312-6064, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document, whenever “we,” “us,” or “our,” are used, we mean the EPA. Whenever “State” is used, we mean the State of Utah.

    Transportation conformity is required by section 176(c) of the Clean Air Act (CAA). The conformity rule provisions at 40 CFR 93 require that transportation plans, programs, and projects conform to a State Implementation Plan (SIP) and establish the criteria and procedures for determining whether or not they do. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the National Ambient Air Quality Standard.

    The criteria by which we determine whether a SIP revision's MVEBs are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4), which was promulgated August 15, 1997 (62 FR 43780). We described our process for determining the adequacy of submitted SIP MVEBs in our July 1, 2004 Transportation Conformity Rule Amendments (69 FR 40004). We used these resources in making our adequacy determinations announced in this notice.

    This notice is simply an announcement of findings that we have already made and are as described below:

    The Governor submitted the Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah SIP Section IX. Part A.23 1 to EPA on December 16, 2014. The State prepared the SIP revision submittal to meet the requirements of Part D of Title I of the CAA for PM2.5 attainment plans, subparts 1 and 4 for “moderate” areas. As part of our adequacy review, we posted the Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah SIP Section IX. Part A.23, with its identified MVEBs, for adequacy review on EPA's transportation conformity Web site on March 23, 2015 (see: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). We requested public comments by April 22, 2015. We did not receive any comments. The EPA sent a letter to the Utah Division of Air Quality on June 17, 2015, stating that the submitted Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah SIP Section IX. Part A.23 and its MVEBs were adequate for transportation conformity purposes.

    1 PM2.5 refers to particulate matter less than or equal to 2.5 microns in diameter.

    For the Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah SIP Section IX. Part A.23, the MVEBs we found adequate were 0.32 tons per day (tpd) for PM2.5, 4.49 tpd for nitrogen oxides, and 3.23 tpd for volatile organic compounds. Following the effective date listed in the DATES section of this notice, the Cache County Metropolitan Planning Organization, the Utah Department of Transportation, and the U.S. Department of Transportation are required to use these MVEBs for future transportation conformity determinations for projects in the Cache County, Logan, UT-ID PM2.5 nonattainment area.

    Please note that our adequacy review of the MVEBs as described above is separate from our future rulemaking action on the Cache County, Logan, UT-ID PM2.5 Attainment Plan, Utah SIP Section IX. Part A.23 revision discussed above and should not be used to prejudge our ultimate approval or disapproval of that SIP revision. Even if we find the Cache County, Logan, UT-ID PM2.5 Attainment Plan and its MVEBs adequate for transportation conformity purposes now, we may later find it necessary to disapprove the SIP revision. Should this situation arise, we would then revisit our adequacy finding.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: August 26, 2015. Shaun L. McGrath, Regional Administrator, Region 8.
    [FR Doc. 2015-22942 Filed 9-10-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MARITIME COMMISSION [Docket No. 15-08] General Motors LLC v. Nippon Yusen Kabushiki Kaisa; Wallenius Wilhelmsen Logistics As; Eukor Car Carriers Inc. Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by General Motors LLC, hereinafter “Complainant,” against Nippon Yusen Kabushiki Kaisha (“NYK Japan”), Wallenius Wilhemsen Logistics AS (“WWL Norway”), and EUKOR Car Carriers Inc. (“EUKOR”), hereinafter “Respondents.” Complainant states it is a Delaware limited liability company and “one of the world's largest automobile original equipment manufacturers.” Complainant alleges that Respondent NYK Japan is a Japanese company that ships vehicles “into and out of the United States.” Complainant alleges that Respondent WWL Norway is a Norwegian company that provides “Vehicle Carrier Services for shipments to and from the United States.” Complainant alleges that Respondent EUKOR is a South Korean company that provides “Vehicle Carrier Services for shipments to and from the United States.”

    Complainant alleges that “Respondents have entered in to a secret, unfiled, and not yet effective and/or unlawful agreement and or agreements to allocate customers, raise and fix prices, and rig bids in violation of the Shipping Act. These statutory violations include, but are not limited to 46 U.S.C. 40302(a), 41102(b)(1), 41102(c), 41103(a)(1) and (2), 41104(10), 41105(1) and (6), and 46 CFR 535.401, et. seq.

    Complainant seeks reparations “in a sum to be proven under 46 U.S.C. 41305, with interest . . . and reasonable attorney's fees . . .” and that it “be awarded double its proven actual injury under 46 U.S.C. 41102(b) and 41105(1).”

    The full text of the complaint can be found in the Commission's Electronic Reading Room at www.fmc.gov/15-08/.

    This proceeding is assigned to the Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by September 6, 2016, and the final decision of the Commission shall be issued by March 6, 2017.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2015-22910 Filed 9-10-15; 8:45 am] BILLING CODE 6730-01-P
    FEDERAL MARITIME COMMISSION Notice of Request for Additional Information

    The Commission gives notice that it has formally requested that the parties to the below listed agreement provide additional information pursuant to 46 U.S.C. 40304(d). This action prevents the agreement from becoming effective as originally scheduled. Interested parties may file comments within fifteen (15) days after publication of this notice in the Federal Register.

    Agreement No.: 202202-006.

    Title: Oakland MTO Agreement.

    Parties: Ports America Outer Harbor Terminal, LLC; Seaside Transportation Service LLC; SSA Terminals, LLC; SSA Terminals (Oakland), LLC; and Trapac, LLC.

    By Order of the Federal Maritime Commission.

    Dated: September 8, 2015. Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2015-22909 Filed 9-10-15; 8:45 am] BILLING CODE 6730-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202) 523-5793 or [email protected].

    Agreement No.: 011795-005.

    Title: Puerto Rican Cross Space Charter and Sailing Agreement.

    Parties: Compania Sud Americana de Vapores S.A.; Norasia Container Lines Limited; and Compania Chilena de Navegacion Interoceanica S.A.

    Filing Party: Wayne Rohde, Esq.; Cozen O'Connor; 1200 19th Street NW.; Washington, DC 20036.

    Synopsis: The amendment would delete CCNI, CSAV and Norasia as parties to the agreement and replace them with Hamburg Sud (in the case of CCNI) and Hapag-Lloyd (in the case of CSAV and Norasia). The amendment would also delete obsolete language from the agreement.

    By Order of the Federal Maritime Commission.

    Dated: September 8, 2015. Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2015-22912 Filed 9-10-15; 8:45 am] BILLING CODE 6730-01-P
    FEDERAL MARITIME COMMISSION Sunshine Act Meeting AGENCY HOLDING THE MEETING:

    Federal Maritime Commission.

    TIME AND DATE:

    September 16, 2015; 10:00 a.m.

    PLACE:

    800 N. Capitol Street NW., First Floor Hearing Room, Washington, DC.

    STATUS:

    The first portion of the meeting will be held in Open Session; the second in Closed Session.

    MATTERS TO BE CONSIDERED:

    Open Session 1. Time and Service in Commission Adjudicatory Proceedings—Direct Final Rule Closed Session 1. Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the 1984 Shipping Act—Regulatory Review 2. Staff Briefing on the West Coast Marine Terminal Operator Agreement, FMC Agreement No. 201143 CONTACT PERSON FOR MORE INFORMATION:

    Karen V. Gregory, Secretary, (202) 523-5725.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2015-23058 Filed 9-9-15; 4:15 pm] BILLING CODE 6730-01-P
    FEDERAL MARITIME COMMISSION [Docket No. 15-07] Goodwin International Ltd v. Air Sea International Forwarding Inc. and Ray Tobia; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by Goodwin International Ltd., hereinafter “Complainant,” against Air Sea International Forwarding Inc. and Ray Tobia, hereinafter “Respondents.” Complainants states it is a United Kingdom corporation that “designs, manufactures, and supplies check valves and exports the check valves internationally.” Complainant alleges that Respondent is a Commission licensed non-vessel operating common carrier and a New Jersey corporation.

    Complainant alleges that in connection with delivery of Complainant's imports Respondent collected from Complainant “for the correct duty rate at 5%, and by paying the U.S. Customs through the Customs broker a lower rate at 2%, 3% or zero” and by “filing of false and fraudulent documentation” violated 46 U.S.C. 41102(c), 46 CFR 515.11(a)(1), and 46 CFR 515.31(e).

    Complainants seek reparations in the amount of $209,712.24, plus “interest and any penalties, as may be proven during the course of this proceeding, with interest as may lawfully [sic] permitted by law, costs, and attorney's fees.

    The full text of the complaint can be found in the Commission's Electronic Reading Room at www.fmc.gov/15-07/.

    This proceeding has been assigned to the Office of Administrative Law Judges. Complainant also filed a Motion for Confidential Treatment of certain attachments to the complaint, which will be directed to the Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by September 6, 2016, and the final decision of the Commission shall be issued by March 6, 2017.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2015-22913 Filed 9-10-15; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB AGENCY:

    Board of Governors of the Federal Reserve System.

    SUMMARY:

    Notice is hereby given of the final approval of proposed information collections by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    FOR FURTHER INFORMATION CONTACT:

    Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503.

    SUPPLEMENTARY INFORMATION:

    Final approval under OMB delegated authority of the extension for three years, without revision, of the following reports:

    1. Report title: Notice of Mutual Holding Company Reorganization and the Application for Approval of a Minority Stock Issuance by a Savings Association Subsidiary of a Mutual Holding Company.

    Agency form number: Form 1522; Form 1523.

    OMB control number: 7100-0340.

    Frequency: On occasion.

    Reporters: Mutual savings associations and savings association subsidiaries or subsidiary holding companies of a mutual holding company.

    Estimated annual reporting hours: Form 1522: 400 hours; Form 1523: 1,050 hours.

    Estimated average hours per response: Form 1522: 400 hours; Form 1523: 350 hours.

    Number of respondents: Form 1522: 1; Form 1523: 3.

    General description of report: Forms 1522 and 1523 are mandatory and authorized pursuant to section 10 of the Home Owners' Loan Act (HOLA). Section 10 of HOLA (“Regulations of holding companies”) provides generally that “[t]he Board is authorized to issue such regulations . . . as the Board deems necessary or appropriate to enable the Board to administer and carry out the purposes of this section, and to require compliance therewith and prevent evasions thereof.” (12 U.S.C. 1467a(g)(1)). With respect to mutual holding companies, HOLA states that a mutual holding company “shall be subject to such regulations as the Board may prescribe.” (12 U.S.C. 1467a(o)(7)). Section 10 of HOLA also requires a savings and loan holding company to file “such reports as may be required by the Board” and provides that such reports “shall contain such information concerning the operations of such savings and loan holding company and its subsidiaries as the Board may require.” (12 U.S.C. 1467a(b)(2)).

    The information on Forms 1522 and 1523 generally are not considered confidential. However, the notificant or applicant may request confidential treatment for portions of these forms pursuant to exemption 4 of the Freedom of Information Act, (5 U.S.C. 552(b)(4)) if it believes disclosure of those portions would likely result in substantial competitive harm. All such requests for confidential treatment would need to be reviewed on a case-by-case basis and in response to a specific request for disclosure.

    Abstract: Any mutual savings association that wishes to reorganize to form a mutual holding company must submit a notice (Form 1522) to the Federal Reserve. The notice provides details of the reorganization plan, which is to be approved by the majority of the association's board of directors and any acquired association. Details of the reorganization plan should contain a complete description of all significant terms of the proposed reorganization, shall attach and incorporate any Stock Issuance Plan proposed in connection with the reorganization plan, and comply with other informational requirements specified in (12 CFR 239.6).

    Any savings association subsidiary or subsidiary holding company of a mutual holding company must file an application (Form 1523) for minority stock issuance. Minority stock issuances applications are required to provide the Federal Reserve with information to determine whether mutual holding companies and their subsidiaries are conducting insider abuse or unsafe and unsound practices.

    The Federal Reserve intends to update and revise the Notice and Application to conform to Federal Reserve standards in the near future.

    Current Actions: On June 17, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 34641) requesting public comment for 60 days on the extension, without revision, of the Notice of Mutual Holding Company Reorganization and the Application for Approval of a Minority Stock Issuance by a Savings Association Subsidiary of a Mutual Holding Company. The comment period for this notice expired on August 17, 2015. The Federal Reserve did not receive any comments. The information collection will be extended as proposed.

    2. Report title: Application for Conversion, Proxy Statement, Offering Circular, and Order Form.

    Agency form number: Form 1680, Form 1681, Form 1682, Form 1683.

    OMB control number: 7100-0335.

    Frequency: On occasion.

    Reporters: Mutual holding companies.

    Estimated annual reporting hours: Form 1680: 2,990 hours; Form 1681: 50 hours; Form 1682: 1.50 hours; Form 1683: 10 hours.

    Estimated average hours per response: Form 1680: 299 hours; Form 1681: 500 hours; Form 1682: 150 hours; Form 1683: 1 hour.

    Number of respondents: Form 1680: 10; Form 1681: 10; Form 1682: 10; Form 1683: 10.

    General description of report: The mutual stock conversion forms are mandatory and authorized by Home Owners' Loan Act (HOLA) section 10, which provides generally that “the Board is authorized to issue such regulations . . . as the Board deems necessary or appropriate to enable the Board to administer and carry out the purposes of this section, and to require compliance therewith and prevent evasions thereof.” (12 U.S.C. 1467a(g)(1)). With respect to mutual holding companies, HOLA states that a mutual holding company “shall be subject to such regulations as the Board may prescribe.” (12 U.S.C. 1467a(o)(7)). Section 10 of HOLA also requires a savings and loan holding company to file “such reports as may be required by the Board” and provides that such reports “shall contain such information concerning the operations of such savings and loan holding company and its subsidiaries as the Board may require.” (12 U.S.C. 1467a(b)(2).

    Forms 1681, 1682, and 1683 are distributed to the owners of the mutual holding company; no issues of confidentiality should arise in connection with these forms. One of the elements required for the application on Form 1680 is a consolidated business plan showing how the capital acquired in the conversion will be used. Business plans are not considered confidential, although the applicant may request confidential treatment pursuant to sections (b)(4), of the Freedom of Information Act (5 U.S.C. 552(b)(4),) for portions of the business plan if disclosure would likely result in substantial competitive harm. All such requests for confidential treatment would need to be reviewed on a case-by-case basis and in response to a specific request for disclosure.

    Abstract: Sections 5(i) (standard conversions) and 5(p) (supervisory conversions) of HOLA authorize mutual to stock conversions. The four individual forms are all one-time submissions that are used by mutual holding companies requesting approval to convert to a stock institution. The Federal Reserve intends to update and revise the mutual stock conversion application forms to conform to Federal Reserve standards in the near future.

    Current Actions: On June 17, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 34641) requesting public comment for 60 days on the extension, without revision, of the Application for Conversion, Proxy Statement, Offering Circular, and Order Form. The comment period for this notice expired on August 17, 2015. The Federal Reserve did not receive any comments. The information collection will be extended as proposed.

    3. Report title: Savings and Loan Holding Company Application.

    Agency form number: Form H-(e).

    OMB control number: 7100-0336.

    Frequency: On occasion.

    Reporters: Entities seeking prior approval to become a savings and loan holding company (SLHC).

    Estimated annual reporting hours: 6,000 hours.

    Estimated average hours per response: 500 hours.

    Number of respondents: 12.

    General description of report: The Savings and Loan Holding Company Application is mandatory and authorized pursuant to section 10 of HOLA, which provides that “the Board is authorized to issue such regulations . . . as the Board deems necessary or appropriate to enable the Board to administer and carry out the purposes of this sections, and require compliance therewith and prevent evasions thereof.” (12 U.S.C. 1467a(g)(1)). Section 10 of HOLA also requires a savings and loan holding company to file “such reports as may be required by the Board” and provides that such reports “shall contain such information concerning the operations of such savings and loan holding company and its subsidiaries as the Board may require (12 U.S.C. 1467a(b)(2).

    The information on Form H-(e) is not considered confidential unless the applicant requests confidential treatment pursuant to exemption 4 or 6 of the Freedom of Information Act (5 U.S.C. 552(b)(4),(6)). All such requests for confidential treatment would need to be reviewed on a case-by-case basis and in response to a specific request for disclosure.

    Abstract: The Federal Reserve analyzes each holding company application to determine whether the applicant meets the statutory criteria set forth in section 10(e) of the Home Owners' Loan Act (Act), as amended, to become a savings and loan holding company. The applications are reviewed for adequacy of answers to items and completeness in all material respects. The applications are event-generated and provide the Federal Reserve with information necessary to evaluate the proposed transaction. The Federal Reserve intends to update and revise the Application forms to conform to Federal Reserve standards in the near future.

    Current Actions: On June 17, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 34641) requesting public comment for 60 days on the extension, without revision, of the Savings and Loan Holding Company Application. The comment period for this notice expired on August 17, 2015. The Federal Reserve did not receive any comments. The information collection will be extended as proposed.

    4. Report title: Recordkeeping Requirements Associated with the Guidance on Sound Incentive Compensation Policies.

    Agency form number: FR 4027.

    OMB control number: 7100-0327.

    Frequency: On occasion.

    Reporters: State member banks, U.S. bank holding companies, savings and loan holding companies, Edge Act and agreement corporations, and the U.S. operations of foreign banks with a branch, agency, or commercial lending company in the United States.

    Estimated annual reporting hours: One-time implementation: Large institutions: 2,400 hours and small institutions: 400 hours; Ongoing maintenance: 228,400 hours.

    Estimated average hours per response: One-time implementation: Large institutions: 480 hours and small institutions: 80 hours; Ongoing maintenance: 40 hours.

    Number of respondents: One-time implementation: Large institutions: 5 respondents and small institutions: 5 respondents; Ongoing maintenance: 5,710 respondents.

    General description of report: This information collection is authorized pursuant to sections 9, 11(a), 11(i), 25, and 25A of the Federal Reserve Act (12 U.S.C. 248(a), 248(i), 324, 602, and 625), section 5 of the Bank Holding Company Act (12 U.S.C. 1844), section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)), and section 7(c) of the International Banking Act (12 U.S.C. 3105(c)). Because the recordkeeping requirements are contained within guidance (and not a statute or regulation) they are voluntary. Because the records will be maintained by each banking institution, the Freedom of Information Act (FOIA) would only be implicated if the Board's examiners retained a copy of the records as part of an examination or supervision of the banking institution. To the extent the Board collects this information during the course of an examination or supervision of a banking institution, the information is considered confidential under exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). In addition, the information may also be kept confidential under exemption 4 of the FOIA which protects commercial or financial information obtained from a person that is privileged or confidential (5 U.S.C. 552(b)(4)).

    Abstract: Incentive compensation practices in the financial services industry were one of many factors contributing to the financial crisis that began in 2007. Banking organizations too often rewarded employees for increasing the firm's short-term revenue or profit without adequate recognition of the risks the employees' activities posed for the firm. More importantly, problematic compensation practices were not limited to the most senior executives at financial firms. Compensation practices can encourage employees at various levels of a banking organization, either individually or as a group, to undertake imprudent risks that can significantly and adversely affect the risk profile of the firm.

    The Sound Incentive Compensation Policies (the Guidance) was developed to help protect the safety and soundness of banking organizations and promote the prompt improvement of incentive compensation practices throughout the banking industry. In addition, the guidance is consistent with the Principles for Sound Compensation Practices adopted by the Financial Stability Board (FSB) in April 2009, as well as the Implementation Standards for those principles issued by the FSB in September 2009.

    Compatibility With Effective Controls and Risk Management

    Principle 2 of the Guidance states that a banking organization should have strong controls governing its process for designing, implementing, and monitoring incentive compensation arrangements. An organization's policies and procedures should:

    • Identify and describe the role(s) of the personnel, business units, and control units authorized to be involved in the design, implementation, and monitoring of incentive compensation arrangements;

    • identify the source of significant risk-related inputs into these processes and establish appropriate controls governing the development and approval of these inputs to help ensure their integrity; and

    • identify the individual(s) and control unit(s) whose approval is necessary for the establishment of new incentive compensation arrangements or modification of existing arrangements. Banking organizations also should create and maintain sufficient documentation to permit an audit of the organization's processes for establishing, modifying, and monitoring incentive compensation arrangements.

    The Guidance also states that a banking organization should conduct regular internal reviews to ensure that its processes for achieving and maintaining balanced incentive compensation arrangements are consistently followed. Such reviews should be conducted by audit, compliance, or other personnel in a manner consistent with the organization's overall framework for compliance monitoring. An organization's internal audit department also should separately conduct regular audits of the organization's compliance with its established policies and controls relating to incentive compensation arrangements. The results should be reported to appropriate levels of management and, where appropriate, the organization's board of directors.

    Strong Corporate Governance

    Principle 3 of the Guidance states that the board of directors should review and approve the overall goals and purposes of the firm's incentive compensation system. The board of directors should provide clear direction to management to ensure that its policies and procedures are carried out in a manner that achieves balance and is consistent with safety and soundness.

    The board of directors should approve and document any material exceptions or adjustments to the incentive compensation arrangements established for senior executives and should carefully consider and monitor the effects of any approved exceptions or adjustments on the balance of the arrangement, the risk-taking incentives of the senior executive, and the safety and soundness of the organization.

    The board of directors should receive and review, on an annual or more frequent basis, an assessment by management, with appropriate input from risk management personnel, of the effectiveness of the design and operation of the organization's incentive compensation system in providing risk taking incentives that are consistent with the organization's safety and soundness. These reports should include an evaluation of whether or how incentive compensation practices may be encouraging excessive risk taking. These reviews and reports should be appropriately scoped to reflect the size and complexity of the banking organization's activities and the prevalence and scope of its incentive compensation arrangements. In addition, at banking organizations that are significant users of incentive compensation arrangements, the board should receive periodic reports that review incentive compensation awards and payments relative to risk outcomes on a backward-looking basis to determine whether the organization's incentive compensation arrangements may be promoting excessive risk-taking.

    Current Actions: On June 23, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 35953) requesting comment for 60 days on the Recordkeeping Requirements Associated with the Guidance on Sound Incentive Compensation Policies. The comment period for this notice expired on August 24, 2015. The Federal Reserve did not receive any comments. The information collection will be extended as proposed.

    5. Report title: Interagency Guidance on Managing Compliance and Reputation Risks for Reverse Mortgage Products.

    Agency form number: FR 4029.

    OMB control number: 7100-0330.

    Frequency: On occasion.

    Reporters: State member banks that originate proprietary and Home Equity Conversion Program (HECM) reverse mortgages.

    Estimated annual reporting hours: Implementation of policies and procedures, 680 hours; Review and maintenance of policies and procedures, 136 hours.

    Estimated average hours per response: Implementation of policies and procedures, 40 hours; Review and maintenance of policies and procedures, 8 hours.

    Number of respondents: Implementation of policies and procedures, 17 respondents; Review and maintenance of policies and procedures, 17 respondents.

    General description of report: Previously, the Board's Legal Division determined that the Board was authorized to issue this guidance pursuant to its authority under section 18(f) of the Federal Trade Commission Act, which authorized the Board to prescribe regulations regarding unfair or deceptive acts or practice by banks (15 U.S.C. 57a(f)) and section 105 of the Truth in Lending Act, which authorized the Board to prescribe regulations to carry out the purposes of the Truth in Lending Act (TILA) (15 U.S.C. 1604). However, under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) much of the Board's authority under these laws was transferred to the Consumer Financial Protection Bureau. Nonetheless, we continue to believe that the Board has the authority to issue this guidance pursuant to its authority under section 39 of the Federal Deposit Insurance Act (FDI Act), which generally authorizes the Board to establish safety and soundness standards for depository institutions supervised by the Board (12 U.S.C. 1381p-1(a)). Financial institutions' obligation under this guidance is voluntary. Because the documentation required by the guidance is maintained by each institution, the Freedom of Information Act (FOIA) would only be implicated if the Board's examiners retained a copy of this information as part of an examination or supervision of a bank. However, records obtained as a part of an examination or supervision of a bank are exempt from disclosure under FOIA exemption (b)(8), for examination material (5 U.S.C. 552(b)(8)). In addition, the information may also be kept confidential under exemption 4 of the FOIA which protects commercial or financial information obtained from a person that is privileged or confidential (5 U.S.C. 552(b)(4)).

    Abstract: Reverse mortgages are home-secured loans typically offered to elderly consumers. Financial institutions currently provide two types of reverse mortgage products: the lenders' own proprietary reverse mortgage products and reverse mortgages insured by the Department of Housing and Urban Development's Federal Housing Administration (FHA). Reverse mortgage loans insured by the FHA are made pursuant to the guidelines and rules established by HUD's HECM program. HECM loans and proprietary reverse mortgages are also subject to the rules that implement consumer protection laws such as the Real Estate Settlement Procedures Act (RESPA) and TILA.

    In August 2010, the Federal Financial Institutions Examination Council, on behalf of its member agencies,1 published a Federal Register notice adopting supervisory guidance titled “Reverse Mortgage Products: Guidance for Managing Compliance and Reputation Risks.” 2 The guidance is designed to help financial institutions with risk management and assist financial institutions' efforts to ensure that their reverse mortgage lending practices adequately address consumer compliance and reputation risks.

    1 The Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision.

    2 75 FR 50801.

    The guidance describes reporting, recordkeeping, and disclosures for both proprietary and HECM reverse mortgages. A number of these disclosures are “usual and customary” business practices for proprietary and HECM reverse mortgages, and these would not meet the PRA's definition of “paperwork.” Other included disclosure requirements are currently mandated by RESPA or TILA for all reverse mortgage loans and information collections required by HUD's rules for HECM loans.3 Discussion of these requirements in the guidance is also not considered additional paperwork burden imposed by the guidance.

    3 OMB Control No. 2502-0524.

    Proprietary reverse mortgage products, however, are not subject to HUD's rules for HECM loans. To the extent that the interagency guidance applies HECM requirements to proprietary loans, this would meet the PRA's definition of paperwork burden.

    There are also additional provisions in the guidance that apply to both proprietary and HECM reverse mortgages that do not meet the “usual and customary” standard, are not covered by already approved information collections and, therefore, likewise meet the PRA's definition of paperwork burden.

    Proprietary Reverse Mortgages

    Financial institutions offering proprietary reverse mortgages are encouraged under the guidance to follow or adopt relevant HECM requirements for mandatory counseling, disclosures, affordable origination fees, restrictions on cross-selling of ancillary products, and reliable appraisals.

    Proprietary and HECM Reverse Mortgages

    Financial institutions offering either proprietary or HECM reverse mortgages are encouraged to develop clear and balanced product descriptions and make them available to consumers shopping for a mortgage. They should set forth a description of how disbursements can be received and include timely information to supplement disclosures mandated by TILA and other disclosures. Promotional materials and product descriptions should include information about the costs, terms, features, and risks of reverse mortgage products.

    Financial institutions should adopt policies and procedures that prohibit directing a consumer to a particular counseling agency or contacting a counselor on the consumer's behalf. They should adopt clear written policies and establish internal controls specifying that neither the lender nor any broker will require the borrower to purchase any other product from the lender in order to obtain the mortgage. Policies should be clear so that originators do not have an inappropriate incentive to sell other products that appear linked to the granting of a mortgage. Legal and compliance reviews should include oversight of compensation programs so that lending personnel are not improperly encouraged to direct consumers to particular products.

    Financial institutions making, purchasing, or servicing reverse mortgages through a third party should conduct due diligence and establish criteria for third-party relationships and compensation. They should set requirements for agreements and establish systems to monitor compliance with the agreement and applicable laws and regulations. They should also take corrective action if a third party fails to comply. Third-party relationships should be structured in a way that does not conflict with RESPA.

    Current Actions: On June 23, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 35953) requesting comment for 60 days on the Supervisory Guidance on Managing Compliance and Reputation Risks for Reverse Mortgage Products. The comment period for this notice expired on August 24, 2015. The Federal Reserve did not receive any comments. The information collection will be extended as proposed.

    Board of Governors of the Federal Reserve System, September 8, 2015. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2015-22931 Filed 9-10-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers CMS-855S ] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by November 10, 2015.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number _________, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected].

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-855S Medicare Enrollment Application—Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Suppliers

    Under the 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. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    Information Collection

    1. Type of Information Collection Request: Revision of a currently approved collection;

    Title of Information Collection: Medicare Enrollment Application—Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Suppliers; Use: The primary function of the CMS 855S Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) supplier enrollment application is to gather information from a supplier that tells us who it is, whether it meets certain qualifications to be a health care supplier, where it renders its services or supplies, the identity of the owners of the enrolling entity, and information necessary to establish correct claims payment.

    The goal of this revision of the CMS 855S is to simplify and clarify the current data collection and to remove obsolete and/or redundant questions. Grammar and spelling errors were corrected. Limited informational text has been added within the application form and instructions in conjunction with links to Web sites when greater detail is needed by the supplier. To clarify current data collection differentiations and to be in sync with accreditation coding, Section 3D (“Products and Services Furnished by This Supplier”) has been updated. This revision does not offer any new material data collection. Form Number: CMS-855S (OMB Control Number: 0938-1056); Frequency: Annually; Affected Public: Private Sector (Business or other for-profits and Not-for-profit institutions); Number of Respondents: 31,915; Total Annual Responses: 31,915; Total Annual Hours: 36,842. (For policy questions regarding this collection contact Kim McPhillips at 410-786-5374.)

    Dated: September 8, 2015. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2015-22944 Filed 9-10-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-3156] Drug Interactions With Hormonal Contraceptives: Public Health and Drug Development Implications; Public Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing a public meeting entitled “Drug Interactions with Hormonal Contraceptives: Public Health and Drug Development Implications” and an opportunity for public comment on the topic of drug interactions with hormonal contraceptives (HCs). The goal of this public meeting is to provide an opportunity for FDA to seek input from experts on the public health concerns associated with use of HCs and interacting drugs that might affect efficacy and safety, pharmacokinetic (PK)/pharmacodynamic (PD) considerations in designing drug interaction studies with HCs during drug development, and approaches to translating the results of drug interaction information into informative labeling and communication. The input received may be used to refine FDA's thinking on HC drug interaction study design and interpretation, and labeling communication on drug interaction risk.

    DATES:

    The public meeting will be held on November 9, 2015, from 8:30 a.m. to 4:30 p.m. Individuals who wish to attend the meeting in person or via Web cast must register by October 9, 2015. Please submit either electronic or written comments by December 15, 2015, to receive consideration. See the SUPPLEMENTARY INFORMATION section for information on how to register for the meeting and submit electronic or written comments.

    ADDRESSES:

    The meeting will be held at the FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, Section A of the Great Room (Rm. 1503), Silver Spring, MD 20993. Entrance for the public meeting participants (non-FDA employees) is through Building 1, where routine security check procedures will be performed. For more information on parking and security procedures, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    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. All comments should be identified with the docket number found in brackets in the heading of this document.

    FDA will post the agenda approximately 5 days before the meeting at: http://www.fda.gov/Drugs/NewsEvents/ucm459342.htm.

    FOR FURTHER INFORMATION CONTACT:

    Christine Le, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 3196, Silver Spring, MD 20993, 301-796-2398, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    In general, HCs are highly effective in preventing pregnancy when used correctly. However, concomitant use of other drugs may affect the safety and/or efficacy of HCs due to drug interactions affecting either blood levels (PK) and/or physiologic effects (PD) of HC components (e.g., estrogen and progestins). Understanding drug interaction potential of HCs and other drugs is important when investigating HC-related issues, and in the design and conduct of clinical trials. Evolving knowledge on drug interaction mechanisms has led to new insights and increased interest in the clinical investigation of drug interactions with HCs.

    Historically, most drug interaction studies conducted during drug development with HCs have not had a clearly stated rationale for the choice of HCs being studied. Questions remain as to whether the study results of specific contraceptive steroids can be extrapolated to other progestins or estrogens or other dose strengths. The choice of HC is important because different progestins may have different metabolic and/or transporter pathways and safety profiles. Without a mechanistic understanding of the underlying drug-drug interaction (DDI) mechanism, it is difficult to interpret and extrapolate study results from one HC to another.

    II. Discussion Topics for the Meeting and for Public Comments

    The public meeting on November 9, 2015, will include a discussion of the following topics on which FDA is also seeking public comment:

    • Public health concerns associated with use of HCs and interacting drugs that might affect efficacy and safety.

    • PK and PD considerations in designing drug interaction studies with HCs during drug development. Key elements in designing a study include a mechanistic understanding of potential DDI mechanisms, the choice of contraceptive products and their dose, study population/duration, and proper selection of a PK alone or PK-PD-based drug interaction study approach.

    • Drug interaction study result interpretation and its potential impact on guidance of HC use in women of childbearing potential who are enrolled in clinical trials for other therapeutic agents during drug development.

    • The current approach of translating the results from drug interaction studies into labeling recommendations and opportunities to improve the communication to healthcare providers.

    • Research opportunities and tools for investigating the safe use of HCs in the presence of other drugs.

    The input received may be used to refine FDA's thinking on the drug interaction study design with HCs and labeling communication of drug interaction risks with HCs.

    III. Meeting Attendance and Participation

    If you wish to attend these meetings, register online at https://www.surveymonkey.com/r/HC-DDIMeeting. Please register by October 9, 2015. Those who are unable to attend the meetings in person can register to view a live Web cast of the meetings. You will be asked to indicate in your registration whether you plan to attend in person or via the Web cast. Your registration should also contain your complete contact information, including name, title, affiliation, address, email address, and phone number.

    Seating will be limited, so early registration is recommended. Registration is free and will be on a first-come, first-served basis. However, FDA may limit the number of participants from each organization based on space limitations. Registrants will receive confirmation once they have been accepted. Onsite registration on the day of the meetings will be based on space availability. If you need special accommodations because of disability, please contact Christine Le (see FOR FURTHER INFORMATION CONTACT) at least 7 days before the meeting.

    FDA will hold an open public comment period during the November 9, 2015, public meeting to give the public an opportunity to comment. Registration for open public comment will occur at the registration desk on the day of the meeting on a first-come, first-served basis.

    IV. Comments

    Regardless of whether you attend this meeting, you can submit electronic or written comments, including responses to the public docket (see ADDRESS above), by December 15, 2015. 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.

    V. Transcripts

    Transcripts for the November 9, 2015, meeting will be posted, when available, at http://www.fda.gov/Drugs/NewsEvents/ucm459342.htm.

    Dated: September 4, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-22949 Filed 9-10-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that a meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (the Advisory Council) is scheduled for September 29, 2015, from 9:00 a.m. to 5:00 p.m. ET. The meeting will be open to the public; a public comment session will be held during the meeting. Pre-registration is required for members of the public who wish to attend the meeting and who wish to participate in the public comment session. Individuals who wish to attend the meeting and/or send in their public comment via email should email [email protected] Registration information is available on the Web site http://www.hhs.gov/ash/carb/ and must be completed by September 21, 2015; all in-person attendees must pre-register by this date. Additional information about registering for the meeting and providing public comment can be obtained at http://www.hhs.gov/ash/carb/.

    DATES:

    The meeting is scheduled to be held on September 29, 2015, from 9:00 a.m. to 5:00 p.m. ET. Pre-registration for attending the meeting in person is required to be completed no later than September 21, 2015; public attendance at the meeting is limited to the available space.

    ADDRESSES:

    U.S. Department of Health and Human Services, Hubert H. Humphrey Building, Great Hall, 200 Independence Avenue SW., Washington, DC 20201.

    The meeting also can be accessed through a live webcast the day of the meeting. For more information, visit http://www.hhs.gov/ash/carb/.

    FOR FURTHER INFORMATION CONTACT:

    Bruce Gellin, Designated Federal Official, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services, Room 715H, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. Phone: (202) 260-6638; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under Executive Order 13676, dated September 18, 2014, authority was given to the Secretary of Health and Human Services to establish the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (Advisory Council), in consultation with the Secretaries of Defense and Agriculture. Activities of the Advisory Council are governed by the provisions of Public Law 92-463, as amended (5 U.S.C. App.), which sets forth standards for the formation and use of federal advisory committees.

    The Advisory Council will provide advice, information, and recommendations to the Secretary of HHS regarding programs and policies intended to support and evaluate the implementation of Executive Order 13676, including the National Strategy for Combating Antibiotic-Resistant Bacteria and the National Action Plan for Combating Antibiotic-Resistant Bacteria. The Advisory Council shall function solely for advisory purposes.

    In carrying out its mission, the Advisory Council will provide advice, information, and recommendations to the Secretary regarding programs and policies intended to preserve the effectiveness of antibiotics by optimizing their use; advance research to develop improved methods for combating antibiotic resistance and conducting antibiotic stewardship; strengthen surveillance of antibiotic-resistant bacterial infections; prevent the transmission of antibiotic-resistant bacterial infections; advance the development of rapid point-of-care and agricultural diagnostics; further research on new treatments for bacterial infections; develop alternatives to antibiotics for agricultural purposes; maximize the dissemination of up-to-date information on the appropriate and proper use of antibiotics to the general public and human and animal healthcare providers; and improve international coordination of efforts to combat antibiotic resistance.

    The September public meeting will be the inaugural meeting for the Advisory Council. The Advisory Council members will be sworn in and presented with an overview of different topics surrounding antibiotic resistance, including an overview of the National Strategy for Combating Antibiotic-Resistant Bacteria and Action Plan for Combating Antibiotic-Resistant Bacteria. The meeting agenda will be posted on the Advisory Council Web site at http://www.hhs.gov/ash/carb/ when it has been finalized.

    Public attendance at the meeting is limited to the available space. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the National Vaccine Program Office at the address/telephone number listed above at least one week prior to the meeting. For those unable to attend in person, a live webcast will be available. More information on registration and accessing the webcast can be found at http://www.hhs.gov/ash/carb/.

    Members of the public will have the opportunity to provide comments prior to the Advisory Council meeting by emailing [email protected] Public comments should be sent in by midnight September 28, 2015, and should be limited to no more than one page. All public comments will be read during the public comment period designated on the agenda; limited to two minutes per comment.

    Dated: August 19, 2015. Bruce Gellin, Deputy Assistant Secretary for Health, Designated Federal Official, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria.
    [FR Doc. 2015-22920 Filed 9-10-15; 8:45 am] BILLING CODE 4150-44-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; Molecular Targets for Cancer Intervention.

    Date: October 5-6, 2015.

    Time: 7:30 a.m. to 6:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Westin St. Francis, 335 Powell Street, San Francisco, CA 94102.

    Contact Person: Careen K. Tang-Toth, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6214, MSC 7804, Bethesda, MD 20892, (301) 435-3504, [email protected].

    Name of Committee: Healthcare Delivery and Methodologies Integrated Review Group; Nursing and Related Clinical Sciences Study Section.

    Date: October 8-9, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The Dupont Hotel, 1500 New Hampshire Avenue NW., Washington, DC 20036.

    Contact Person: Martha L. Hare, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3154, MSC 7770, Bethesda, MD 20892, (301) 451-8504, [email protected].

    Name of Committee: Biological Chemistry and Macromolecular Biophysics Integrated Review Group; Macromolecular Structure and Function B Study Section.

    Date: October 15-16, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Pier 2620 Hotel at Fisherman's Wharf, 2620 Jones St, San Francisco, CA 94133.

    Contact Person: C-L Albert Wang, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4146, MSC 7806, Bethesda, MD 20892, 301-435-1016, [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: September 4, 2015. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-22938 Filed 9-10-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request

    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

    Comments are invited on: (a) Whether the proposed collections of information are 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; 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.

    Proposed Project: Services Accountability Improvement System—(OMB No. 0930-0208)—Revision

    The Services Accountability Improvement System (SAIS) is a real-time, performance management system that captures information on the substance abuse treatment and mental health services delivered in the United States. A wide range of client and program information is captured through SAIS for approximately 650 grantees. Continued approval of this information collection will allow SAMHSA to continue to meet Government Performance and Results Act of 1993 (GPRA) reporting requirements that quantify the effects and accomplishments of its discretionary grant programs which are consistent with OMB guidance.

    Based on current funding and planned fiscal year 2015 notice of funding announcements (NOFA), the CSAT programs that will use these measures in fiscal years 2015 through 2017 include: Access to Recovery 3 (ATR3); Adult Treatment Court Collaboratives (ATCC); Enhancing Adult Drug Court Services, Coordination and Treatment (EADCS); Offender Reentry Program (ORP); Treatment Drug Court (TDC); Office of Juvenile Justice and Delinquency Prevention—Juvenile Drug Courts (OJJDP-JDC); Teen Court Program (TCP); HIV/AIDS Outreach Program; Targeted Capacity Expansion Program for Substance Abuse Treatment and HIV/AIDS Services (TCE-HIV); Addictions Treatment for the Homeless (AT-HM); Cooperative Agreements to Benefit Homeless Individuals (CABHI); Cooperative Agreements to Benefit Homeless Individuals—States (CABHI-States); Recovery-Oriented Systems of Care (ROSC); Targeted Capacity Expansion—Peer to Peer (TCE-PTP); Pregnant and Postpartum Women (PPW); Screening, Brief Intervention and Referral to Treatment (SBIRT); Targeted Capacity Expansion (TCE); Targeted Capacity Expansion—Health Information Technology (TCE-HIT); Targeted Capacity Expansion Technology Assisted Care (TCE-TAC); Addiction Technology Transfer Centers (ATTC); International Addiction Technology Transfer Centers (I-ATTC); State Adolescent Treatment Enhancement and Dissemination (SAT-ED); Grants to Expand Substance Abuse Treatment Capacity in Adult Tribal Healing to Wellness Courts and Juvenile Drug Courts; and Grants for the Benefit of Homeless Individuals—Services in Supportive Housing (GBHI). Grantees in the Adult Treatment Court Collaborative program (ATCC) will also provide program-level data using the CSAT Aggregate Instrument.

    SAMHSA and its Centers will use the data for annual reporting required by GPRA and for National Outcome Measures (NOMs) comparing baseline with discharge and follow-up data. GPRA requires that SAMHSA's report for each fiscal year include actual results of performance monitoring for the three preceding fiscal years. The additional information collected through this process will allow SAMHSA to report on the results of these performance outcomes as well as be consistent with the specific performance domains that SAMHSA is implementing as the NOMs, to assess the accountability and performance of its discretionary and formula grant programs.

    Note that there are no changes to the instrument from the previous OMB submission.

    Estimates of Annualized Hour Burden [CSAT GPRA Client Outcome Measures for Discretionary Programs] SAMHSA program title Number of
  • respondents
  • Responses per
  • respondent
  • Total number
  • of responses
  • Burden hours
  • per response
  • Total burden
  • hours
  • Baseline Interview Includes SBIRT Brief TX and Referral to TX 182,153 1 182,153 0.47 85,612 Follow-Up Interview 1 134,793 1 134,793 0.47 63,353 Discharge Interview 2 94,720 1 94,720 0.47 44,518 SBIRT Program—Screening Only 3 594,192 1 594,192 0.13 77,244 SBIRT Program—Brief Intervention Only 4 Baseline 111,411 1 111,411 .20 22,282 SBIRT Program—Brief Intervention Only Follow-Up 1 82,444 1 82,444 .20 16,489 SBIRT Program—Brief Intervention Only Discharge 2 57,934 1 57,934 .20 11,587 CSAT Total 887,756 1,257,647 321,085 Notes: 1 It is estimated that 74% of baseline clients will complete this interview. 2 It is estimated that 52% of baseline clients will complete this interview. 3 The estimated number of SBIRT respondents receiving screening services is 80% of the total number SBIRT participants. No further data is collected from these participants. 4 The estimated number of SBIRT respondents receiving brief intervention services is 15% of the total number SBIRT participants.

    Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 2-1057, One Choke Cherry Road, Rockville, MD 20857 OR email a copy at [email protected] Written comments should be received by November 10, 2015.

    Summer King, Statistician.
    [FR Doc. 2015-22886 Filed 9-10-15; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2014-0022] Technical Mapping Advisory Council AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee Management; Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) Technical Mapping Advisory Council (TMAC) will meet via conference call on September 29, 2015. The meeting will be open to the public.

    DATES:

    The TMAC will meet via conference call on Tuesday, September 29, 2015 from 10:00 a.m.-5:00 p.m., Eastern Daylight Savings Time (EDT). Please note that the meeting will close early if the TMAC has completed its business.

    ADDRESSES:

    For access to the conference call bridge, information on services for individuals with disabilities, or to request special assistance at the meeting, contact the person listed in FOR FURTHER INFORMATION CONTACT below as soon as possible. Members of the public who wish to dial in for the meeting must register in advance by sending an email to [email protected] (attention Mark Crowell) by 11 p.m. EDT on Friday, September 18, 2015.

    To facilitate public participation, members of the public are invited to provide written comments on the issues to be considered by the TMAC, as listed in the SUPPLEMENTARY INFORMATION section below. Associated meeting materials will be available at www.fema.gov/TMAC for review by Thursday, September 22, 2015. Written comments to be considered by the committee at the time of the meeting must be submitted and received by Monday, September 21, 2015, identified by Docket ID FEMA-2014-0022, and submitted by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Email: Address the email TO: [email protected] and CC: [email protected] Include the docket number in the subject line of the message. Include name and contact detail in the body of the email.

    Mail: Regulatory Affairs Division, Office of Chief Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.

    Instructions: All submissions received must include the words “Federal Emergency Management Agency” and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. Docket: For docket access to read background documents or comments received by the TMAC, go to http://www.regulations.gov and search for the Docket ID FEMA-2014-0022.

    A public comment period will be held on September 29, 2015, from 4:00-4:30 p.m. Speakers are requested to limit their comments to no more than three minutes. The public comment period will not exceed 30 minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact the individual listed below to register as a speaker by close of business on Friday, September 18, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mark Crowell, Designated Federal Officer for the TMAC, FEMA, 1800 South Bell Street Arlington, VA 22202, telephone (202) 646-3432, and email [email protected] The TMAC Web site is: http://www.fema.gov/TMAC.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    As required by the Biggert-Waters Flood Insurance Reform Act of 2012, the TMAC makes recommendations to the FEMA Administrator on: (1) How to improve, in a cost-effective manner, the (a) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (b) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2) mapping standards and guidelines for (a) flood insurance rate maps, and (b) data accuracy, data quality, data currency, and data eligibility; (3) how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification; (4) procedures for delegating mapping activities to State and local mapping partners; and (5)(a) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination, and (b) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies. Furthermore, the TMAC is required to submit an annual report to the FEMA Administrator that contains: (1) A description of the activities of the Council; (2) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update Flood Insurance Rate Maps; and (3) a summary of recommendations made by the Council to the FEMA Administrator.

    The TMAC must also develop recommendations on how to ensure that flood insurance rate maps incorporate the best available climate science to assess flood risks and ensure that FEMA uses the best available methodology to consider the impact of the rise in sea level and future development on flood risk. The TMAC must collect these recommendations and present them to the FEMA Administrator in a future conditions risk assessment and modeling report. Further, in accordance with the Homeowner Flood Insurance Affordability Act of 2014, the TMAC must develop a review report related to flood mapping in support of the National Flood Insurance Program (NFIP).

    Agenda: On September 29, 2015, the TMAC members will present and deliberate on draft narrative and proposed recommendations concerning (1) the flood hazard mapping process and product, and (2) future conditions methods and considerations that will be incorporated into both the 2015 Annual Report and Future Conditions Report. A brief public comment period will take place prior to the end of the meeting, and before any voting on recommendations that takes place before the full TMAC. In addition, the TMAC members will identify and coordinate next steps of TMAC report development. The full agenda and related briefing materials will be posted for review by September 22, 2015, at http://www.fema.gov/TMAC.

    Dated: September 4, 2015. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation.
    [FR Doc. 2015-22950 Filed 9-10-15; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R5-R-2015-N090;BAC-4311-K9-S3] Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, Virginia; Final Comprehensive Conservation Plan and Environmental Impact Statement AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; final comprehensive conservation plan and environmental impact statement.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, announce the availability for review of our final comprehensive conservation plan (CCP) and environmental impact statement (EIS) for Chincoteague National Wildlife Refuge (NWR, refuge) and Wallops Island NWR. The CCP/EIS describes how we propose to manage both the staffed 14,032-acre Chincoteague NWR and the unstaffed 373-acre Wallops Island NWR over the next 15 years.

    DATES:

    We will sign a record of decision no sooner than 30 days after the publication of this notice.

    ADDRESSES:

    You may view, obtain, or request CD-ROM copies of the final CCP/EIS by any of the following methods.

    Agency Web site: Download a copy of the document at http://www.fws.gov/refuge/Chincoteague/what_we_do/conservation.html.

    Email: Send requests to [email protected] Include “Chincoteague NWR” in the subject line of your email.

    U.S. Mail: Thomas Bonetti, Natural Resource Planner, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035.

    In-Person Viewing or Pickup: Visit during regular business hours at refuge headquarters, 8231 Beach Road, Chincoteague Island, VA 23336.

    To view comments on the final CCP-EIS from the Environmental Protection Agency (EPA), or for information on EPA's role in the EIS process, see EPA's Role in the EIS Process under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Bonetti, Natural Resource Planner, 413-253-8307 (phone); [email protected] (email).

    SUPPLEMENTARY INFORMATION: Introduction

    With this notice, we continue the CCP process for Chincoteague NWR and Wallops Island NWR, which we began by publishing a notice of intent in the Federal Register (75 FR 57056) on September 17, 2010. For more about the initial process and the history of the refuges, see that notice. On May 15, 2014, we announced the release of the draft CCP/EIS to the public and requested comments in a notice of availability in the Federal Register (79 FR 27906). We subsequently extended the public comment period in another notice in the Federal Register (79 FR 41300) on July 15, 2014. In addition, EPA published a notice announcing the draft CCP and EIS (79 FR 29759; May 23, 2014), as required under section 309 of the Clean Air Act (CAA) (42 U.S.C. 7401 et seq.). We now announce the final CCP and EIS. Under the CAA, EPA also will announce the final CCP and EIS via the Federal Register.

    EPA's Role in the EIS Process

    The EPA is charged under section 309 of the Clean Air Act to review all Federal agencies' EISs and to comment on the adequacy and the acceptability of the environmental impacts of proposed actions in the EISs.

    EPA also serves as the repository (EIS database) for EISs prepared by Federal agencies and provides notice of their availability in the Federal Register. The EIS Database provides information about EISs prepared by Federal agencies, as well as EPA's comments concerning the EISs. All EISs are filed with EPA, which publishes a notice of availability on Fridays in the Federal Register.

    The notice of availability is the start of the 45-day public comment period for draft EISs, and the start of the 30-day “wait period” for final EISs, during which agencies are generally required to wait 30 days before making a decision on a proposed action. For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search. We completed a thorough analysis of impacts on the human environment in the final CCP/EIS, and responded to public comments.

    The CCP will guide us in managing and administering the refuges for 15 years. Alternative B, as we described in the final CCP/EIS, is our preferred alternative.

    Background The CCP Process

    The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) (Refuge Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires us to develop a CCP for each NWR. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and goals and contributing to the mission of the National Wildlife Refuge System. CCPs should be consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies, as well as respond to key issues and public concerns. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years, in accordance with the Refuge Administration Act.

    CCP/EIS Alternatives

    We evaluated three alternatives for managing Chincoteague NWR and Wallops Island NWR; alternative B is our preferred alternative. Based on feedback on the draft CCP/EIS, some modifications have been made to alternative B and are summarized below. A full description of all alternatives, including changes to our preferred alternative, can be found in the final CCP/EIS at the sources identified in ADDRESSES.

    Changes to Alternative B, the Service's Preferred Alternative

    • The assigned area, consisting of the 1-mile recreational beach, associated parking, and new Visitor Contact Station, would extend south 1 more mile to the terminus of Swan Cove Trail (2 miles total), thus doubling the length of the assigned area.

    • Over sand vehicles (OSV) and hiking access would continue via Beach Road across Toms Cove south to Fishing Point September 16 through March 14.

    • A new 1/2-mile, OSV zone to facilitate the six priority uses (March 15 through September 15) would be developed south of new recreational beach, and added to the new assigned area. We would continue current management of the Overwash and Hook area for shorebirds until the new recreational beach is established, at which time the March 15 through September 15 closure would go into effect.

    • We will keep current biking access open via Swan Cove Trail and will not propose an alternative bike route north to the relocated public beach (from Wildlife Loop to Mallard (C Dike)).

    • The Service Road would continue to be open year-round to hikers north to the refuge/National Seashore boundary.

    • A section of the Affected Environment (Chapter 3) on cultural resources was inadvertently left out of the draft CCP/EIS. This section, which has been coordinated with the Virginia Department of Historic Resources, is included in the final CCP/EIS.

    Other Features of Alternative B

    Alternative B would continue established habitat and wildlife management strategies but focus them in light of the new goals and vision established by the CCP. The alternative balances habitat management, public use and access, and administration of the refuge. We would continue to preserve approximately 2,650 acres of wetland impoundments, but make adjustments in accordance with a new impoundment management plan that takes into account various factors, such as the habitat needs of black ducks and monarch butterflies, climate change and natural coastal processes, and relocated beach access and parking. The refuge would continue to protect and enhance the wilderness character of the 1974 proposed wilderness area, and there would be no change in its size (1,300 acres) or location.

    In recognition of the vulnerability of the current parking, the refuge would develop and implement a site design plan for parking and access to a new beach location, approximately 1.5 miles north of the existing beach. We are committed to working with the National Park Service (NPS) and others to future design, refine, and analyze beach relocation infrastructure in a separate National Environmental Policy Act document.

    Over the next 15 years, the refuge would maintain and, where possible, expand current hunting opportunities by including additional species, extending hours, and providing special events. The refuge would add mourning doves, light geese, and non-migratory Canada goose hunting opportunities to the refuge's migratory bird hunting program. Additionally, the refuge would allow migratory bird hunting on Federal holidays within the Commonwealth of Virginia hunting seasons. The refuge would also add turkeys to the big game hunting program and pursue development of a trapping program for furbearers. The refuge would continue sika hunting and would conduct research to identify a desired population size.

    The refuge would pursue partnerships to enhance land conservation, environmental education, and interpretation on the Delmarva Peninsula. The “Chincoteague ponies” have a strong cultural tie to the community, and the refuge would implement a Chincoteague pony management plan that meets multiple objectives: visitor viewing, habitat management, and pony health. The refuge would allow grazing of the current pony population, with a maximum pony herd size of 150, per the management agreement with the Chincoteague Volunteer Fire Company.

    Public Availability of Documents

    You can view or obtain the final CCP/EIS as indicated under ADDRESSES.

    Comments

    During the public comment period, a total of 236 emails and 94 letters were received, including official comments from the town of Chincoteague, the Chincoteague Chamber of Commerce, The Nature Conservancy, NPS, Environmental Protection Agency, various departments from the Commonwealth of Virginia, and other local interest groups. In addition a petition was submitted supporting Alternative “A plus,” an alternative with elements of both alternative A and B, with approximately 600 individuals signing. Another petition supporting the preferred alternative (alternative B) was submitted with 112 individuals signing. We held two public open house meetings in Chincoteague, and additional meetings in Melfa, Virginia, and Pocomoke City, Maryland. As part of the public involvement process, we held a public hearing on June 26, 2014, in Chincoteague with 28 people formally raising a variety of issues and concerns.

    We evaluated all the letters and emails sent to us during that comment period, along with comments recorded at our public hearing, and addressed all substantive comments. A summary of those comments and our responses to them is included in the final CCP/EIS as appendix R.

    Next Steps

    We will document the final decision in a record of decision, which will be published in the Federal Register after a 30-day “wait period” that begins when EPA announces this final CCP-EIS. For more information, see EPA's Role in the EIS Process.

    Dated: August 18, 2015. Deborah Rocque, Acting Regional Director, Northeast Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-21925 Filed 9-10-15; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVB01000. L51100000.GN0000. LVEMF 1503550.15X MO# 4500077415] Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Gold Bar Mine Project, Eureka County, NV AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) Mount Lewis Field Office, Battle Mountain, Nevada, intends to prepare an Environmental Impact Statement (EIS) and by this notice is announcing the beginning of the scoping process to solicit public comments and identify issues.

    DATES:

    This notice initiates the public scoping process for the EIS. Comments on issues may be submitted in writing until October 13, 2015. The date(s) and location(s) of any scoping meetings will be announced at least 15 days in advance through local media, newspapers and the BLM Web site at: http://www.blm.gov/nv/st/en/fo/battle_mountain_field/blm_information/national_environmental.html. In order to be included in the Draft EIS, all comments must be received prior to the close of the 30-day scoping period or 15 days after the last public meeting, whichever is later. We will provide additional opportunities for public participation upon publication of the Draft EIS.

    ADDRESSES:

    You may submit comments related to the Gold Bar Mine Project by any of the following methods:

    Web site: http://www.blm.gov/nv/st/en/fo/battle_mountain_field/blm_information/national_environmental.html.

    Email: [email protected].

    Fax: 775-635-4034.

    Mail: 50 Bastian Road, Battle Mountain, Nevada 89820.

    Documents pertinent to this proposal may be examined at the Mount Lewis Field Office.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Moskiewicz—Project Manager, telephone 775-635-4000; address 50 Bastian Road, Battle Mountain, Nevada 89820; email [email protected] Contact Mr. Joseph Moskiewicz to have your name added to our mailing list. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    McEwen Mining Inc. (McEwen) proposes to develop a gold mine in the southwest portion of the Roberts Mountains, approximately 30 miles northwest of Eureka, Nevada. The proposed McEwen Gold Bar Mine Project (Project) consists of a mining Plan of Operations and four ROW grant authorizations to be analyzed in a single NEPA analysis document. Mining would occur from the existing Gold Pick and Gold Ridge pits and the proposed Cabin Creek North and South pits. Additional disturbance would be result from activities associated with gold mining operations, including waste rock disposal areas, crusher and ore stockpile pad, growth media stockpiles, process ponds, haul roads, access roads and power lines, heap leach facility, ancillary facilities, and diversion channels and sediment basins. Total proposed Project disturbance would be approximately 1,300 acres, including disturbance associated with the ROWs (consisting of approximately 1,137 acres of surface disturbance on public land and 163 acres of surface disturbance on private land controlled by McEwen, as well as other private land owners); 366 acres of the total disturbance would occur on areas disturbed by previous mining operations. The proposed Project would take up to 17 years to complete, including: A year of pre-stripping and construction, 8 years of mining, 4 years of reclamation following mine closure, and 4 years of post-reclamation monitoring. The proposed pit depths would not intercept groundwater. No pit dewatering would be necessary and no pit lakes are expected to form after mining operations end. The Project is expected to employ 151 individuals comprised of 90 contractors and 61 staff.

    Mt. Wheeler Power requested a ROW grant authorization to supply needed power to the Project. McEwen has requested three ROW grant authorizations for the following: 1) Primary access along the Atlas Haul Road; 2) Employee transport and emergency secondary access along North Roberts Creek Road and GB Process Road; and 3) A water supply pipeline.

    The Gold Bar Project boundary contains 916.5 acres of Greater Sage-Grouse Preliminary Priority Habitat (PPH) on BLM-managed public lands. The total mine disturbance, including the right-of-way (ROW), affecting Greater Sage-Grouse habitat on public land is 294 acres of PPH and 36 acres of Preliminary General Habitat (PGH). Since 2013, BLM biologists at the Mount Lewis Field Office have coordinated with the Nevada Department of Wildlife and the BLM State Office regarding Gold Bar's ROW and disturbance to Greater Sage-Grouse habitat. Collectively, the organizations formulated best management practices for Greater Sage-Grouse and other wildlife species and developed measures to offset the potential disturbance associated with the project to benefit Greater Sage-Grouse habitat. For example, as a result of this collaboration, the proposed project's power line was re-routed to use pre-existing routes in order to minimize effects to Greater Sage-Grouse habitat. These and other measures, including compliance with the Nevada and Northeastern California Greater Sage-Grouse Land Use Plan Amendment, if finalized, will be among the issues analyzed in the EIS.

    The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis, including alternatives, and guide the process for developing the EIS. At present, the BLM has identified the following preliminary issues: Water resources; air quality; vegetation resources (including noxious weeds); wildlife (including migratory birds and Greater Sage-Grouse); special status species; grazing management; land use and access; aesthetics (noise and visual); cultural resources; geological resources; minerals; soils; recreation; social and economic values; hazardous materials; Native American cultural concerns; and wild horses.

    The BLM will utilize and coordinate the NEPA scoping process to help fulfill the public involvement requirements under the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3). The information about historic and cultural resources within the area potentially affected by the proposed Project will assist the BLM in identifying and evaluating impacts to such resources in the context of both NEPA and NHPA.

    The BLM will consult with Indian tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources, will be given due consideration. Federal, State, and local agencies, along with tribes and other stakeholders that may be interested in or affected by the proposed Project that the BLM is evaluating, are invited to participate in the scoping process and, if eligible, may request or be requested by the BLM to participate in the development of the environmental analysis as a cooperating agency.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    40 CFR 1501.7

    Joseph S. Moskiewicz, Jr., Acting Field Manager, Mount Lewis Field Office.
    [FR Doc. 2015-22907 Filed 9-10-15; 8:45 am] BILLING CODE 4310-HC-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAC09000, L1430; CACA 008215] Public Land Order No. 7840; Revocation of Withdrawal Created by Executive Order No. 5732, California AGENCY:

    The Bureau of Land Management.

    ACTION:

    Public Land Order.

    SUMMARY:

    This order revokes in its entirety the withdrawal created by Executive Order No. 5732 dated October 14, 1931, which withdrew 40 acres of public land from settlement, location, sale, or entry for use as a lookout station in connection with cooperative forest protection work. The withdrawal for the lookout station is no longer needed. This action will restore the land to operation of the public land laws.

    DATES:

    Effective date: September 11, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Christine Sloand, Realty Specialist, at 831-630-5022 or via email at [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to reach the BLM contact person. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The Executive Order withdrew 40 acres of land on Smith Mountain for a lookout station used by the State of California Division of Forestry. Because the land is no longer used for lookout station purposes, the Bureau of Land Management has determined that the withdrawal is no longer needed.

    Order

    By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714, it is ordered as follows:

    The withdrawal created by Executive Order No. 5732 of October 14, 1931, which temporarily withdrew the following described land from settlement, location, sale, or entry for use as a lookout station, is hereby revoked in its entirety:

    Mount Diablo Meridian T. 21 S., R. 13 E., Sec. 29, NE1/4NW1/4.

    The area described contains 40.00 acres, more or less, in Monterey and Fresno Counties.

    At 10 a.m., on October 13, 2015, the above-described land will be open to operation of the public land laws, generally, including the mining laws, and to settlement, location, sale, or entry, subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law. All valid applications received at or prior to 10 a.m. on October 13, 2015, shall be considered as simultaneously filed at that time. Those received thereafter shall be considered in the order of filing.

    Janice M. Schneider, Assistant Secretary—Land and Minerals Management.
    [FR Doc. 2015-22908 Filed 9-10-15; 8:45 am] BILLING CODE 4310-40-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-539 and 731-TA-1280-1282 (Preliminary)] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Korea, Mexico, and Turkey; Determinations

    On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey, provided for in subheadings 7306.61.10 and 7306.61.30 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and that are allegedly subsidized by the government of Turkey.

    1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).

    Commencement of Final Phase Investigations

    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission's rules, upon notice from the Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations.

    Background

    On July 21, 2015, Atlas Tube, a division of JMC Steel Group (Chicago, Illinois), Bull Moose Tube Company (Chesterfield, Missouri), EXLTUBE (North Kansas City, Missouri), Hannibal Industries, Inc. (Los Angeles, California), Independence Tube Corporation (Chicago, Illinois), Maruichi American Corporation (Santa Fe Springs, California), Searing Industries (Rancho Cucamonga, California), Southland Tube (Birmingham, Alabama), and Vest, Inc. (Los Angeles, California) filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured and threatened with material injury by reason of LTFV and subsidized imports of heavy walled rectangular welded carbon steel pipes and tubes from Korea, Mexico, and Turkey. Accordingly, effective July 21, 2015, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation No. 701-TA-539 and antidumping duty investigation Nos. 731-TA-1280-1282 (Preliminary).

    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of July 27, 2015 (80 FR 44383). The conference was held in Washington, DC, on August 11, 2015, and all persons who requested the opportunity were permitted to appear in person or by counsel.

    The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on September 4, 2015. The views of the Commission are contained in USITC Publication 4563 (September 2015), entitled Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey: Investigation Nos. 701-TA-539 and 731-TA-1280-1282 (Preliminary).

    By order of the Commission.

    Issued: September 4, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-22883 Filed 9-10-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-15-029] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    September 15, 2015 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None

    2. Minutes

    3. Ratification List

    4. Vote in Inv. Nos. 701-TA-523 and 731-TA-1259 (Final) (Boltless Steel Shelving Units Prepackaged for Sale from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission on September 28, 2015.

    5. Outstanding action jackets: None

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Earlier notification of this meeting was not possible.

    By order of the Commission.

    Issued: September 9, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-23044 Filed 9-9-15; 4:15 pm] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-15-030] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    September 18, 2015 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None.

    2. Minutes.

    3. Ratification List.

    4. Vote in Inv. Nos. 701-TA-464 and 731-TA-1160 (Review) (Prestressed Concrete Steel Wire Strand from China). The Commission is currently scheduled to complete and file its determinations and views of the Commission on September 28, 2015.

    5. Vote in Inv. No. 731-TA-1047 (Second Review) (Ironing Tables and Certain Parts Thereof from China). The Commission is currently scheduled to complete and file its determination and views of the Commission on September 28, 2015.

    6. Outstanding action jackets: None.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: September 9, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-23045 Filed 9-9-15; 4:15 pm] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)

    On September 4, 2015, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Pennsylvania in the lawsuit entitled United States of America v. Dunbar Asphalt Products, Inc., Civil Action No. 15-1158.

    The proposed settlement resolves the United States' claims against Dunbar Asphalt Products, Inc. (“Dunbar”) for past and future response costs and injunctive relief pursuant to CERCLA Sections 106(a), 107(a)(1), and 113(g), at Operable Unit Two (“OU-2”) of the Sharon Steel Corporation (Farrell Works Disposal Area) Superfund Site in the City of Hermitage, Mercer County, Pennsylvania (“the Site”). The proposed Consent Decree requires that Dunbar perform the interim OU-2 remedial action at the 30 acre OU-2, which includes Dunbar's owned 25-acre property and approximately five acres owned by another party. The estimated cost of the selected interim remedy for OU-2 is approximately $1.7 million. In exchange for Dunbar's agreement to perform the interim remedy on the portion of OU-2 it does not own, the United States will compromise its claim for past response costs related to OU-2. Dunbar will also pay 90% of the government's future response costs for OU-2.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States of America v. Dunbar Asphalt Products, Inc., D.J. Ref. No. 90-11-3-11103. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected]. By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $39.75 (25 cents per page reproduction cost), or $11.50 for the Consent Decree without the Appendices, payable to the United States Treasury.

    Robert Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2015-22865 Filed 9-10-15; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF JUSTICE [OMB Number 1105-0094] Agency Information Collection Activities; Proposed eCollection eComments Requested; Applications for Special Deputation AGENCY:

    U.S. Marshals Service, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), U.S. Marshals Service (USMS), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register at 80 FR 39800, on July 10, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until October 13, 2015.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Nicole Feuerstein, Publications Specialist, U.S. Marshals Service, CS-3, 10th Floor, Washington, DC 20530-0001 (phone: 202-307-5168). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —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; —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; —Enhance the quality, utility, and clarity of the information to be collected; and/or —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. Overview of This Information Collection

    1. Type of Information Collection: Extension of a currently approved collection.

    2. The Title of the Form/Collection: Applications for Special Deputation.

    3. The agency form number: The form numbers are USM-3A and USM-3C.

    4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal government and State/local government. Form USM-3A Application for Special Deputation/Sponsoring Federal Agency Information; Form USM-3C Group Special Deputation Request. The collection of information for these forms is authorized by 28 U.S.C. 562. The USMS is authorized to deputize selected persons to perform the functions of a Special Deputy U.S. Marshal whenever the law enforcement needs of the USMS so require and as designated by the Associate Attorney General pursuant to 28 CFR 0.19(a)(3). USMS Special Deputation files serve as a centralized record of the special deputations granted by the USMS to assist in tracking, controlling and monitoring the Special Deputation Program.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 6,000 respondents will complete a 15 minute form (Form USM-3A) and 4,500 respondents will complete a 10 minute form (Form USM-3C).

    6. An estimate of the total public burden (in hours) associated with the collection: 2,250 annual burden hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: September 8, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-22899 Filed 9-10-15; 8:45 am] BILLING CODE 4410-04-P
    DEPARTMENT OF LABOR Office of Workers' Compensation Programs Division of Federal Employees' Compensation Proposed Extension of Existing Collection; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers' Compensation Programs is soliciting comments concerning its proposal to extend OMB approval of the information collection: Representative Fee Request (CA-143/CA-155). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.

    DATES:

    Written comments must be submitted to the office listed in the addresses section below on or before November 10, 2015.

    ADDRESSES:

    Ms. Yoon Ferguson, U.S. Department of Labor, 200 Constitution Ave. NW., Room S-3323, Washington, DC 20210, telephone/fax (202) 354-9647, Email [email protected] Please use only one method of transmission for comments (mail, fax, or Email).

    SUPPLEMENTARY INFORMATION:

    I. Background: Individuals filing for compensation benefits with the Office of Workers' Compensation Programs (OWCP) may be represented by an attorney or other representative. The representative is entitled to request a fee for services under the Federal Employees' Compensation Act (FECA) and under the Longshore and Harbor Workers' Compensation Act (LHWCA). The fee must be approved by the OWCP before any demand for payment can be made by the representative. This information collection request sets forth the criteria for the information, which must be presented by the respondent in order to have the fee approved by the OWCP. The information collection does not have a particular form or format; the respondent must present the information in any format which is convenient and which meets all the required information criteria. This information collection is currently approved for use through January 31, 2016.

    II. Review Focus: The Department of Labor is particularly interested in comments which:

    * 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;

    * 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;

    * enhance the quality, utility and clarity of the information to be collected; and

    * 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 submissions of responses.

    III. Current Actions: The Department of Labor seeks the approval for the extension of this currently approved information collection in order to carry out its responsibility to approve representative fees under the two Acts.

    Type of Review: Extension.

    Agency: Office of Workers' Compensation Programs.

    Title: Representative Fee Request.

    OMB Number: 1240-0049.

    Agency Number: CA-143/CA-155.

    Affected Public: Business or other for-profit, Individuals or households.

    Total Respondents: 9,307.

    Total Annual Responses: 9,307.

    Average Time per Response: 30 minutes.

    Estimated Total Burden Hours: 4,654.

    Frequency: On occasion.

    Total Burden Cost (capital/startup): $0.

    Total Burden Cost (operating/maintenance): $8,609.

    Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

    Dated: September 4, 2015. Yoon Ferguson, Agency Clearance Officer, Office of Workers' Compensation Programs, U.S. Department of Labor.
    [FR Doc. 2015-22866 Filed 9-10-15; 8:45 am] BILLING CODE 4510-CH-P
    NATIONAL CREDIT UNION ADMINISTRATION Sunshine Act: Notice of Agency Meeting TIME AND DATE:

    2:00 p.m., Wednesday, September 16, 2015.

    PLACE:

    Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, VA 22314-3428.

    STATUS:

    Closed

    MATTERS TO BE CONSIDERED:

    1. Consideration of Supervisory Action. Closed pursuant to Exemptions (8), (9)(i)(B) and (9)(ii).

    2. Consideration of Supervisory Action. Closed pursuant to Exemptions (8), (9)(i)(B) and (9)(ii).

    3. Consideration of Supervisory Action. Closed pursuant to Exemptions (8), and (9)(i)(B).

    4. Consideration of Supervisory Action. Closed pursuant to Exemptions (8), (9)(i)(B) and (9)(ii).

    RECESS:

    3:30 p.m.

    TIME AND DATE:

    10:00 a.m., Thursday, September 17, 2015.

    PLACE:

    Board Room, 7th Floor, Room 7047, 1775 Duke Street (All visitors must use Diagonal Road Entrance), Alexandria, VA 22314-3428.

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    1. Corporate Stabilization Fund Quarterly Report.

    2. Request to Expand Community Charter, Charlotte Metro Federal Credit Union.

    3. NCUA Rules and Regulations, Aggregate Lending Limit for Corporate Credit Unions.

    4. NCUA's Rules and Regulations, Implementing Statutory Inflation of Civil Money Penalties.

    5. NCUA's Rules and Regulations, Regulatory Flexibility Act Asset Threshold.

    FOR FURTHER INFORMATION CONTACT:

    Gerard Poliquin, Secretary of the Board, Telephone: 703-518-6304.

    Gerard Poliquin, Secretary of the Board.
    [FR Doc. 2015-23057 Filed 9-9-15; 4:15 pm] BILLING CODE 7535-01-P
    NATIONAL SCIENCE FOUNDATION Advisory Committee for Education and Human Resources; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

    NAME:

    Advisory Committee for Education and Human Resources (#1119).

    DATE/TIME:

    September 29, 2015; 3:00-4:00 p.m. Eastern.

    PLACE:

    NSF, 4201 Wilson Blvd., Arlington, VA 22230.

    This will be a virtual meeting. All participants may join the conference call and webinar by clicking this link: https://nsf.webex.com/nsf/j.php?MTID=m864fc994f1187144465d519bf2281ab5.

    Please follow the teleconference instructions to connect to the audio using a telephone. If you have trouble with the video portion of the meeting please contact dial 703-292-4357. Press 1 for videoconference support.

    Those who wish to listen only please dial: 800-857-3133, Password: EHR AC.

    If you have trouble with the audio portion of the meeting please contact customer service: 800-857-8777 (Audio only).

    Meeting materials and minutes will also be available on the EHR Advisory Committee Web site at: http://www.nsf.gov/ehr/advisory.jsp.

    TYPE OF MEETING:

    OPEN.

    CONTACT PERSON:

    Michael Sullivan, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; (703) 292-8600; [email protected].

    PURPOSE OF MEETING:

    To review, deliberate, and provide recommendations and the report of the Subcommittee on Advancing Historically Black Colleges and Universities of the Advisory Committee of the National Science Foundation Directorate for Education and Human Resources to the NSF (EHR AC).

    AGENDA:

    • Introduction by Joan Ferrini-Mundy, Assistant Director for Education and Human Resources and Francisco Rodriguez, Chair, Education and Human Resources Advisory Committee • Review of Findings by Lee Todd, EHR AC Subcommittee Liaison and Tuajuanda Jordan, Subcommittee Co-Chair • Deliberation by Advisory Committee members • Comments from the public • Determine disposition of Report Dated: August 7, 2015. Crystal Robinson, Committee Management Officer. [FR Doc. 2015-22887 Filed 9-10-15; 8:45 am] BILLING CODE 7555-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14448 and #14449] Illinois Disaster #IL-00046 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of an Administrative declaration of a disaster for the State of Illinois dated 09/03/2015.

    Incident: Severe Storms, Flooding, and Tornadoes.

    Incident Period: 06/07/2015 through 07/31/2015.

    Effective Date: 09/03/2015.

    Physical Loan Application Deadline Date: 11/02/2015.

    Economic Injury (EIDL) Loan Application Deadline Date: 06/03/2016.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Grundy, Iroquois. Contiguous Counties: Illinois: Ford, Kankakee, Kendall, La Salle, Livingston, Vermilion, Will. Indiana: Benton, Newton.

    The Interest Rates are:

    Percent For Physical Damage: Homeowners With Credit Available Elsewhere 3.375 Homeowners Without Credit Available Elsewhere 1.688 Businesses With Credit Available Elsewhere 6.000 Businesses Without Credit Available Elsewhere 4.000 Non-Profit Organizations With Credit Available Elsewhere 2.625 Non-Profit Organizations Without Credit Available Elsewhere 2.625 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Non-Profit Organizations Without Credit Available Elsewhere 2.625

    The number assigned to this disaster for physical damage is 14448 B and for economic injury is 14449 0.

    The States which received an EIDL Declaration # are Illinois, Indiana.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: September 3, 2015. Maria Contreras-Sweet, Administrator.
    [FR Doc. 2015-22939 Filed 9-10-15; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14450 and #14451] California Disaster # CA-00237 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of an Administrative declaration of a disaster for the State of CALIFORNIA dated 09/03/2015.

    Incident: Rocky Fire.

    Incident Period: 07/29/2015 through 08/14/2015.

    Effective Date: 09/03/2015.

    Physical Loan Application Deadline Date: 11/02/2015.

    Economic Injury (EIDL) Loan Application Deadline Date: 06/03/2016.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Lake. Contiguous Counties: California: Colusa, Glenn, Mendocino, Napa, Sonoma, Yolo.

    The Interest Rates are:

    Percent For Physical Damage: Homeowners With Credit Available Elsewhere 3.750 Homeowners Without Credit Available Elsewhere 1.875 Businesses With Credit Available Elsewhere 6.000 Businesses Without Credit Available Elsewhere 4.000 Non-Profit Organizations With Credit Available Elsewhere 2.625 Non-Profit Organizations Without Credit Available Elsewhere 2.625 For Economic Injury: Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Non-Profit Organizations Without Credit Available Elsewhere 2.625

    The number assigned to this disaster for physical damage is 14450 5 and for economic injury is 14451 0.

    The State which received an EIDL Declaration # is California.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: September 3, 2015. Maria Contreras-Sweet, Administrator.
    [FR Doc. 2015-22940 Filed 9-10-15; 8:45 am] BILLING CODE 8025-01-P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #14415 and #14416] Missouri Disaster Number MO-00076 AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Amendment 1.

    SUMMARY:

    This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-4238-DR), dated 08/07/2015.

    Incident: Severe Storms, Tornadoes, Straight-line Winds, and Flooding.

    Incident Period: 05/15/2015 through 07/27/2015.

    Effective Date: 08/31/2015.

    Physical Loan Application Deadline Date: 10/06/2015.

    Economic Injury (EIDL) Loan Application Deadline Date: 05/07/2016.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416.

    SUPPLEMENTARY INFORMATION:

    The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Missouri, dated 08/07/2015, is hereby amended to include the following areas as adversely affected by the disaster.

    Primary Counties: Camden, Jackson, New Madrid, Nodaway, Oregon, Pemiscot, Phelps, Saint Clair.

    All other information in the original declaration remains unchanged.

    (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.
    [FR Doc. 2015-22928 Filed 9-10-15; 8:45 am] BILLING CODE 8025-01-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0055] Notice of Public Information Meeting and Comment Deadline in the Coordinated Remedy Program Proceeding for the Replacement of Certain Takata Air Bag Inflators AGENCY:

    National Highway Traffic Safety Administration (NHTSA), DOT.

    ACTION:

    Notice of public information meeting; notice of comment deadline.

    SUMMARY:

    NHTSA will hold a public information meeting in the Coordinated Remedy Program Proceeding, including presentation of facts established through this proceeding and possible actions that could aid in prioritizing, organizing, and phasing the multiple recalls to remedy defective Takata air bag inflators pursuant to 49 U.S.C. 30120(c)(3) and other authority. This notice also sets the comment deadline for Docket No. NHTSA-2015-0055.

    DATES:

    The public information meeting will be held beginning at 10:00 a.m. ET on October 22, 2015, at the U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. If you wish to attend the public information meeting, you must register in advance no later than October 18, 2015 (and October 15, 2015 for non-U.S. citizens), by following the instructions in the PROCEDURAL MATTERS section of this notice. Space is limited. NHTSA will consider late registrants to the extent space allows, but cannot ensure that all registrants will be able to attend the public information meeting.

    To ensure that NHTSA has an opportunity to consider all comments regarding a possible Coordinated Remedy Program, NHTSA must receive those written comments not later than October 28, 2015, submitted following the instructions provided in the ADDRESSES section of this notice.

    ADDRESSES:

    You may submit comments to the docket number identified in the heading of this document by any of the following methods:

    Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the online instructions for submitting comments.

    Mail: Docket Management Facility, M-30, U.S. Department of Transportation, West Building Ground Floor, Rm. W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    Hand Delivery or Courier: U.S. Department of Transportation, West Building Ground Floor, Rm. W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590 between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

    Fax: (202) 493-2251.

    Regardless of how you submit your comments, you should mention the docket number of this document.

    You may call the Docket at 202-366-9324.

    Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    FOR FURTHER INFORMATION CONTACT:

    For registration to attend the public information meeting: Carla Bridges, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (Telephone: 202-366-5263) (Fax: 202-366-3820). For meeting procedures: Arija Flowers, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 (Telephone: 202-366-5263). Information regarding NHTSA's investigation into Takata Air Bag Inflator ruptures is available on NHTSA's Web site at: http://www.safercar.gov/rs/takata/index.html.

    SUPPLEMENTARY INFORMATION:

    As set forth in the Federal Register notice of June 5, 2015 (80 FR 32197), NHTSA has opened a Coordinated Remedy Program Proceeding to consider whether and, if so, how to exercise its authority under the National Traffic and Motor Vehicle Safety Act of 1966, as amended and recodified (the “Safety Act”), 49 U.S.C. 30101, et seq., to mitigate and control the risk of serious injury or death due to an air bag inflator rupture, and to ensure that all affected vehicles in the United States are equipped with safe air bags as quickly as possible, by providing national-level leadership in facilitating the prioritization, organization, and phasing of the remedy programs of TK Holdings, Inc. (“Takata”) and all vehicle manufacturers with the affected air bag inflators. Currently, this includes the remedy programs of BMW of North America, LLC (“BMW”), FCA US, LLC (“Chrysler”), Daimler Trucks North America (“DTNA”), Daimler Vans USA, LLC (“Daimler Vans”), Ford Motor Company (“Ford”), General Motors, LLC (“GM”), American Honda Motor Company (“Honda”), Mazda North American Operations (“Mazda”), Mitsubishi Motors North America, Inc. (“Mitsubishi”), Nissan North America, Inc. (“Nissan”), Subaru of America, Inc. (“Subaru”), and Toyota Motor Engineering and Manufacturing (“Toyota”).1

    1 In the Federal Register notice published June 5, 2015 (80 FR 32197), that opened the Coordinated Remedy Program Proceeding, Mercedes-Benz, LLC-DBA Sprinter (“M-B Sprinter”) (as to Sprinter Vans only) was listed as an affected vehicle manufacturer. However, the affected M-B Sprinter vehicles are being recalled by Daimler Vans. Similarly, based on relationships of companies and products, DTNA is working with Chrysler to carry out the recalls of the DTNA trucks.

    Based on information obtained through the Coordinated Remedy Program Proceeding, NHTSA may issue one or more administrative orders that would coordinate remedy programs associated with defective Takata air bag inflators. 49 U.S.C. 30120(c)(3); 49 CFR 573.14. Coordination of the remedy programs may include “acceleration,” prioritization, organization, and/or phasing of some or all such air bag inflator remedy programs to ensure that defective vehicles and equipment are recalled and remedied. 49 U.S.C. 30118-30120; 49 CFR 573, 577. It may further include, among other things, coordination as to air bag inflator sourcing, production, allocation, delivery, installation, and adequacy of the remedy. 49 U.S.C. 30120(c)(3); 49 CFR 573.14.

    NHTSA has decided to hold a public information meeting on facts established through the Coordinated Remedy Program Proceeding, analyses being conducted by industry and NHTSA, separately and cooperatively, and possible actions that could aid in prioritizing, organizing, and phasing the multiple recalls to remedy defective Takata air bag inflators pursuant to 49 U.S.C. 30120(c)(3) and other authority. This may include, among other things, information on supply challenges of multiple manufacturers implementing recalls of the same or substantially similar parts simultaneously; risk factors that support prioritizing certain vehicles for remedy; efforts at maximizing recall completion rates to achieve NHTSA's goal of one-hundred percent remedy rates both in high-priority vehicles and nation-wide; and addressing specific questions and concerns consumers may have about how such a coordinated remedy program would work. NHTSA anticipates that information will be provided in presentations by NHTSA personnel and vehicle manufacturers, and that inflator suppliers and organizations conducting inflator testing may also present information relevant to the investigation into the defective Takata air bag inflators and to the Coordinated Remedy Program Proceeding.

    NHTSA has determined that given the importance of the subject matter and of public education on this significant defect and recall, it is appropriate to hold a public information meeting to provide updated information relevant to NHTSA's decision-making process in the Coordinated Remedy Program Proceeding.

    Any interested person may provide written comments regarding a possible Coordinated Remedy Program, including questions or factors the individual believes NHTSA should consider in deciding whether, and if so how, NHTSA should exercise its authority under the Safety Act. Comments must be submitted by October 28, 2015, following the directions in the ADDRESSES section of this notice.

    Procedural Matters: Persons wishing to attend the public information meeting must register by contacting Carla Bridges, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, (Telephone: 202-366-5263) (Fax: 202-366-3820), before the close of business on October 18, 2015 (and October 15, 2015 for non-U.S. citizens). Each person wishing to attend must provide his or her name and country of citizenship. Non-U.S. citizens must also provide date of birth, title or position, and passport or diplomatic ID number, along with expiration date.

    For security purposes, photo identification is required to enter the U.S. Department of Transportation building. To allow sufficient time to clear security and enter the building, NHTSA recommends that meeting participants arrive 30 to 60 minutes prior to the start of the public information meeting.

    The meeting will be held at a site accessible to individuals with disabilities. Individuals who require accommodations, such as sign language interpreters, should contact Ms. Arija Flowers using the contact information in the FOR FURTHER INFORMATION CONTACT section above no later than October 14, 2015. A transcript of the proceedings will be placed in the docket for this notice at a later date.

    Persons who wish to file written comments should submit them so that they are received by NHTSA no later than October 28, 2015, following the submission instructions provided in the ADDRESSES section of this notice.

    Authority:

    49 U.S.C. 30101, et seq., 30118-30120, 30120(c)(3); 49 CFR 573, 577; delegations of authority at 49 CFR 1.95(a), 501.2(a)(1).

    Issued: September 3, 2015. Mark R. Rosekind, Administrator.
    [FR Doc. 2015-22712 Filed 9-10-15; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35954] Camp Chase Railway Company, LLC—Acquisition and Operation Exemption—Camp Chase Railroad Company

    Camp Chase Railway Company, LLC (CCRY),1 a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Camp Chase Railroad Company (CCRA), and to operate, approximately 14 miles of rail line known as the Camp Chase Industrial Track (the Line). The Line extends between milepost 141.4 in Columbus, Ohio, and milepost 155.4 in Lilly Chapel, Ohio.2

    1 CCRY is a new subsidiary of Indiana Boxcar Corporation.

    2 CCRA, previously known as Camp Chase Industrial Railroad Corporation, acquired the Line from Consolidated Rail Corporation in 1994. See Camp Chase Indus. R.R. Corp.—Acquisition and Operation Exemption—Line of Consol. Rail Corp., FD 32581 (ICC served Oct. 21, 1994).

    This transaction is related to a concurrently filed verified notice of exemption in Indiana Boxcar Corporation—Continuance in Control Exemption—Camp Chase Railway Company, LLC, FD 35955, wherein Indiana Boxcar Corporation seeks Board approval to continue in control of CCRY, upon CCRY's becoming a Class III rail carrier.

    The transaction may not be consummated until September 27, 2015 (30 days after the notice of exemption was filed).

    CCRY certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and will not exceed $5 million.

    CCRY states that the transaction does not involve any provision or agreement that limits future interchange with a third-party connecting carrier.

    If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than September 18, 2015 (at least seven days before the exemption becomes effective).

    An original and 10 copies of all pleadings, referring to Docket No. FD 35954, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on John D. Heffner, Strasburger & Price, LLP, 1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.

    Board decisions and notices are available on our Web site at “WWW.STB.DOT.GOV.”

    Decided: September 4, 2015.

    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

    Tia Delano, Clearance Clerk.
    [FR Doc. 2015-22905 Filed 9-10-15; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35955] Indiana Boxcar Corporation—Continuance in Control Exemption—Camp Chase Railway Company, LLC

    Indiana Boxcar Corporation (IBCX), a noncarrier, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in control of Camp Chase Railway Company, LLC (CCRY), upon CCRY's becoming a Class III rail carrier.

    This transaction is related to a concurrently filed verified notice of exemption in Camp Chase Railway Company, LLC—Acquisition and Operation Exemption—Camp Chase Railroad Company, Docket No. FD 35954, wherein CCRY seeks Board approval to acquire from Camp Chase Railroad Company (CCRA), and to operate, approximately 14 miles of rail line known as the Camp Chase Industrial Track, extending between milepost 141.4 in Columbus, Ohio, and milepost 155.4 in Lilly Chapel, Ohio. Once consummation has occurred, CCRY will replace CCRA as the owner and operator of the Camp Chase Industrial Track.

    The transaction may be consummated on or after September 27, 2015, the effective date of the exemption (30 days after the notice of exemption was filed).

    IBCX currently owns three Class III rail carriers operating in four states: Vermilion Valley Railroad Company, Inc., operating in Illinois; Chesapeake & Indiana Railroad Company, Inc., operating in Indiana; and Youngstown & Southeastern Railway Company, Inc., operating in Ohio and Pennsylvania.

    IBCX certifies that: (1) The Camp Chase Industrial Track does not connect with any carrier which IBCX owns; (2) the transaction is not part of a series of anticipated transactions that would connect these railroads with each other; and (3) the transaction does not involve a Class I rail carrier. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).

    Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under § 11324 and § 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all of the carriers involved are Class III carriers.

    If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed no later than September 18, 2015 (at least seven days before the exemption becomes effective).

    An original and 10 copies of all pleadings, referring to Docket No. FD 35955, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on John D. Heffner, Strasburger & Price, LLP, 1025 Connecticut Ave. NW., Suite 717, Washington, DC 20036.

    Board decisions and notices are available on our Web site at “WWW.STB.DOT.GOV.

    Decided: September 8, 2015.

    By the Board, Rachel D. Campbell, Director, Office of Proceedings.

    Tia Delano, Clearance Clerk.
    [FR Doc. 2015-22906 Filed 9-10-15; 8:45 am] BILLING CODE 4915-01-P
    80 176 Friday, September 11, 2015 Notices Part II Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5828-N-37] Federal Property Suitable as Facilities To Assist the Homeless AGENCY:

    Office of the Assistant Secretary for Community Planning and Development, HUD.

    ACTION:

    Notice.

    SUMMARY:

    This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless.

    FOR FURTHER INFORMATION CONTACT:

    Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

    SUPPLEMENTARY INFORMATION:

    In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in National Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG (D.D.C.).

    Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, and suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency's needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless.

    Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to: Ms. Theresa M. Ritta, Chief Real Property Branch, the Department of Health and Human Services, Room 5B-17, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857, (301)-443-2265 (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581.

    For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable.

    For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available. Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Ann Marie Oliva at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the Federal Register, the landholding agency, and the property number.

    For more information regarding particular properties identified in this Notice (i.e., acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: Air Force: Mr. Robert E. Moriarty, P.E., AFCEC/CI, 2261 Hughes Avenue, Ste. 155, JBSA, Lackland TX 78236-9853; Army: Ms. Veronica Rines, Office of the Assistant Chief of Staff for Installation Management, Department of Army, Room 5A128, 600 Army Pentagon, Washington, DC 20310, (571)-256-8145; Energy: Mr. David Steinau, Department of Energy, Office of Property Management, OECM MA-50, 4B122, 1000 Independence Ave. SW., Washington, DC 20585 (202) 287-1503; GSA: Mr. Flavio Peres, General Services Administration, Office of Real Property Utilization and Disposal, 1800 F Street NW., Room 7040, Washington, DC 20405, (202) 501-0084 (These are not toll-free numbers).

    Dated: September 1, 2015. Brian P. Fitzmaurice, Director, Division of Community Assistance, Office of Special Needs Assistance Programs. TITLE V, FEDERAL SURPLUS PROPERTY PROGRAM FEDERAL REGISTER REPORT FOR 09/11/2015 Suitable/Available Properties Building Alabama C1301 Ft. McClellan Ft. McClellan AL 36205 Landholding Agency: Army Property Number: 21201220017 Status: Excess Comments: off-site removal only; 2,232 sf.; barracks; extensive repairs needed; secured area; need prior approval to access property. 11 Buildings Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201340002 Status: Unutilized Directions: 4469, 7328, 7352A, 7352B, 7353A, 7635, 7668A, 7688A, 7902, 7908 (Please Note: 7352A, 7352B, and 7688A are Suitable/Unavailable) Comments: off-site removal only; no future agency need; sq. ft. varies; major repairs needed; secured area; contact Army for more info. on a specific property & accessibility reqs. 4 Buildings Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201410026 Status: Unutilized Directions: 3535 (150 sq. ft.); 3538 (48 sq. ft.); 4637 (2,095 sq. ft.); 7330 (75 sq. ft.) Comments: off-site removal only; no future agency need; repairs needed; secured area; contact Army for more information. 5 Buildings Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201420016 Status: Unutilized Directions: 7742A; 7742B; 7740A; 7740B; 7740 Comments: off-site removal only; must be dismantled; no future agency need; extensive repairs required; contact Army for more info. on a specific property & accessibility/removal reqs. 4811 Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201430024 Status: Unutilized Directions: 4811 Comments: off-site removal only; no future agency need; 221 sq. ft.; Flammable/explosive storage facility; 12+ months vacant; deteriorated; secured area; contact Army for more information. 6 Buildings Redstone Arsenal Madison AL 35898 Landholding Agency: Army Property Number: 21201510040 Status: Unutilized Directions: 3757 (800 sq. ft.); 3759 (39 sq. ft.); 3762 (288 sq. ft.); 6209 (130 sq. ft.); 6210 (130 sq. ft.); 7859 (522 sq. ft.) Comments: off-site removal only; no future agency need; prior approval to gain access is required; for more info. contact Agriculture. 3 Buildings Fort Rucker Fort Rucker AL 36362 Landholding Agency: Army Property Number: 21201520022 Status: Unutilized Directions: L241G (64 sq.ft.); 1329 (64 sq.ft.); 1328 (693 sq.ft.) Comments: off-site removal; range from 20-23 yrs. old; fair condition; vacant 5-8 mos.; nav bldg.; flam mat; prior approval to gain access is required; no future agency need; contact Army for more information. Building 40188 Lowe Airfield Road Fort Rucker AL 36362 Landholding Agency: Army Property Number: 21201520037 Status: Unutilized Comments: off-site removal only; 17+ yrs. Old; 480 sq. ft.; admin.; 2+ mos. Vacant; poor condition; no future agency need; prior approval to gain access required; contact Army for more information. 2 Building Lake Shore Drive Fort Rucker AL 36362 Landholding Agency: Army Property Number: 21201520038 Status: Unutilized Directions: Building 24110 (1,427 sq. ft.); 24109 (1,358 sq. ft.) Comments: off-site removal only; 69+ yrs. old; rec billets; 2+ mos. vacant; poor conditions; prior approval needed for access; no future agency need; contact Army for more information. Building 5001T Fort Rucker Fort Rucker AL 36362 Landholding Agency: Army Property Number: 21201520039 Status: Unutilized Comments: off-site removal only; 17+ yrs. old; 1,440 sq. ft.; gen inst. bldg.; 2+ mos. vacant; fair condition; prior approval to gain access required; no future agency need; contact Army for more information. Building L264A Fort Rucker Fort Rucker AL 32425 Landholding Agency: Army Property Number: 21201520040 Status: Unutilized Comments: off-site removal only; 23+ yrs. old; 64 sq. ft.; NAV bldg.; 5+ mos. vacant; fair condition; prior approval needed to gain access; no future agency need; contact Army for more information. Building L241F Fort Rucker Fort Rucker AL Landholding Agency: Army Property Number: 21201520041 Status: Unutilized Comments: off-site removal only; 32+ yrs. old; 1,018 sq. ft.; 5+ mos. vacant; nav. bldg..; fair conditions; prior approval needed to gain access; no future agency need; contact Army for more information. 2 Buildings Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201530058 Status: Unutilized Directions: Building 7359 (4,547 sq. ft.); 7369 (7,288 sq. ft.) Comments: off-site removal; 48-70+ yrs. old; rocket plants; vacant 4 mos.; major reno. needed; contaminates; asbestos; no future agency need; prior approval needed to gain access; contact Army for more infor. Building 3540 Redstone Arsenal Redstone Arsenal AL 35898 Landholding Agency: Army Property Number: 21201530092 Status: Unutilized Comments: off-site removal only; no future agency need; 150 sq. ft.; range support; removal may be diff. due to type (brick); major renov.; LBP; endangered species-var. bat species; contact Army for more info. Alaska Bldg. 00001 Holy Cross Armory High Cross AK 99602 Landholding Agency: Army Property Number: 21200710051 Status: Excess Comments: 1200 sq. ft. armory, off-site use only. Building 00001 9679 Tuluksak Rd. Toksook AK 99679 Landholding Agency: Army Property Number: 21201320038 Status: Excess Comments: 1,200 sf.; armory; 60+ months vacant; poor conditions. Building 00001 Lot 7 Block 11 US Survey 5069 Noorvik AK 99763 Landholding Agency: Army Property Number: 21201330030 Status: Excess Comments: 1,200 sf. armory; 60+ months vacant; poor conditions; contact Army for more info. Building 00001 P.O. Box 22 Gambell AK 99742 Landholding Agency: Army Property Number: 21201330031 Status: Excess Comments: 1,208 sf.; armory; 60+ months vacant; poor conditions; contact Army for more info. Building 0001 Kivalina Armory Kivalina AK 99750 Landholding Agency: Army Property Number: 21201330032 Status: Excess Comments: 1,200 sf. armory; 600+ months vacant; poor conditions; contact Army for more info. Akiachak 00001 500 Philips St. Akiachak AK 99551 Landholding Agency: Army Property Number: 21201330033 Status: Excess Comments: 1,200 sf.; armory; 60+ months vacant; poor conditions; contact Army for more info. Arizona Building 90890 Fort Huachuca Fort Huachuca AZ 85613 Landholding Agency: Army Property Number: 21201440051 Status: Unutilized Comments: off-site removal only; no future agency need; 40 sq. ft.; 80+ months vacant; repairs needed; contact Army for more information. 7 Buldings Papago Park Military Reservation Phoenix AZ 85008 Landholding Agency: Army Property Number: 21201510025 Status: Excess Directions: M5358 (1500 sq. ft.); M5356 (1,500 sq. ft.) M5354 (1,500 sq. ft.); M5352 (1,500 sq. ft.); M5218 (1,097 sq. ft.); M5331 (2,460 sq. ft.); M5502 (5,856 sq. ft.) Comments: Fair condition prior approve to gain access is required, for more information contact Army about a specific property. 2 Building 5636 E. McDowell Road Phoenix AZ 85008 Landholding Agency: Army Property Number: 21201520007 Status: Excess Directions: Building M5502 (5,856 sq. ft.) & M5331 (2,460 sq. ft.) Comments: 45+ & 62+ yrs. old for buildings respectively above; administration; restricted access; escort required; contact Army for more information. Arkansas Bldg. 16440 Pine Bluff Arsenal Pine Bluff AR 71602 Landholding Agency: Army Property Number: 21201210095 Status: Unutilized Comments: off-site removal; 1,660 sf.; current use: office; extensive mold damage; needs major repairs. Building 60330 60330 Ave 6160 Pine Bluff AR 71602 Landholding Agency: Army Property Number: 21201520035 Status: Unutilized Comments: off-site removal only; 23+ yrs. Old; 560 sq. ft.; break/lunch room; needs repairs; no future agency need; contact Army for more information. Building 54050 54050 507 St. Pine Bluff AR 71602 Landholding Agency: Army Property Number: 21201520036 Status: Unutilized Comments: off-site removal; 24+ yrs. old; 2,973 sq. ft.; employee changing bldg.; repairs needed; no future agency need; contact Army for more information. 4 Buildings Pine Bluff Arsenal Pine Bluff AR 71602 Landholding Agency: Army Property Number: 21201530056 Status: Unutilized Directions: Building's 16270 (3,100 sq. ft.); 16230 (4,720 sq. ft.); 16250 (1,500 sq. ft.); 10021 (165 sq. ft.) Comments: off-site removal; 38-73+ yrs. old; pwr. Storage; admin gen; ACS ctr.; no future agency need; contact Army for more information. California Bldgs. 18026, 18028 Camp Roberts Monterey CA 93451-5000 Landholding Agency: Army Property Number: 21200130081 Status: Excess GSA Number: Comments: 2024 sq. ft. sq. ft., concrete, poor condition, off-site use only. 5 Buildings JFTB Los Alamitos CA 90720 Landholding Agency: Army Property Number: 21201230043 Status: Excess Directions: 148, 149, 261, 280, 281 Comments: off-site removal only; sf. varies; use: storage; poor conditions; contamination; permission required to access property to remove of installation. 1201T Tower Rd. Dubin CA 94568 Landholding Agency: Army Property Number: 21201310060 Status: Unutilized Comments: off-site removal only; 30 sf.; control tower; poor conditions; restricted area; transferee must obtain real estate doc. to access/remove; contact Army for more info. 1201S & 1205S Tower Rd. Dublin CA 94568 Landholding Agency: Army Property Number: 21201310062 Status: Unutilized Directions: previously reported under 21201010006 Comments: REDETERMINATION: off-site removal only; 396 & 252 sf. repectitively; storage; poor conditions; transferee will need to obtain real estate doc. to acccess/remove property; contact Army for more info. 2 Building Parks Reserve Forces Training Area Dublin CA 94568 Landholding Agency: Army Property Number: 21201330002 Status: Underutilized Directions: 1108, 1109 Comments: off-site removal only; no future agency need; sf. varies; poor conditions; secured area; contact Army for info. on a specific property & accessibility removal reas. 7 Building Parks Reserve Forces Training Area Dublin CA 94568 Landholding Agency: Army Property Number: 21201330003 Status: Unutilized Directions: 200, 00974, 1080, 1085, 1100, 1101, 1176 Comments: sf varies; no future agency need; poor/deteriorated conditions; secured area; escort required; contact Army for more info. on a specific property & accessibility reqs./removal options. Building 4230 Ord Military Community Seaside CA 93955 Landholding Agency: Army Property Number: 21201330007 Status: Unutilized Directions: 4230 Comments: 15,908 sf.; theater; vacant since 2000; 43 yes.-old; mold; lead-based paint; asbestos; contact Army for more info. Building 4230 Ord Military Community Seaside CA 93955 Landholding Agency: Army Property Number: 21201330010 Status: Unutilized Directions: 4230 Comments: 15,908 sf.; theater; vacant since 2000; 43 yes.-old; mold; lead-based paint; asbestos; contact Army for more info. 11 Building Fort Hunter Liggett FF Hunter Liggett CA 93928 Landholding Agency: Army Property Number: 21201330018 Status: Unutilized Directions: 0100A, 0178B, 00306, 00408, 0418A, 00850, 00851, 00932, 00945, 00946, 00947 Comments: offsite removal only; no future agency need; St. varies, conditions range from good to dilapidated secured area, contact Army for more info. on a specific property & accessibility/removal reqs. 22 Buildings Hwy. 101, Bldg. 109 Camp Roberts CA 93451 Landholding Agency: Army Property Number: 21201330019 Status: Excess Directions: 00902, 00936, 01019, 06079, 06080, 06125, 06320, 14212, 14308, 14801, 25012, 25013, 27108, 27110, 27126, RB001, RB003, RB004, RB005, RB006, RB007, RB043 Comments: CORRECTION: Bldg. 14801 incorrectly published on 08/30/2013; off-site removal only; 6+ months vacant; poor conditions; contamination; secured area; contact Army for info. 11 Building Fort Hunter Liggett Fort Hunger Liggett CA 93928 Landholding Agency: Army Property Number: 21201330023 Status: Unutilized Directions: 0100A, 0178B, 00306, 00408, 0418A, 00850, 00851, 00932, 00945, 00946, 00947 Comments: offsite removal only; no future agency need; St. varies, conditions range from good to dilapidated secured area, contact Army for more info. on a specific property & accessibility/removal reqs. 23 Buildings Hwy 101, Bldg. 109 Camp Robert CA 93451 Landholding Agency: Army Property Number: 21201330025 Status: Excess Directions: T0805, T0831, T0834, T0874, T0876, T0917, T0920, T0922, T0923, T0925, T0933, T0934, T0935, T0955, T0956, T0955, T0956, T0966, T0967, T0992, T6005, T6029, T6406, T7025, T7037 Comments: off-site removal only; sf varies; 6t months vacant; poor conditions; contamination; secured area; contact Army for more info. on a specific property & accessility removal reqs. 11 Building Fort Hunter Liggett Fort Hunter Ligget CA 93928 Landholding Agency: Army Property Number: 21201330026 Status: Unutilized Directions: 0100A, 0178B, 00306, 00408, 0418A, 00850, 00851, 00932, 00945, 00946, 00947 Comments: off-site removal only; no future agency need; St. varies, conditions range from good to dilapidated secured area, contact Army for more info. on a specific property & accessibility/removal reqs. 7 Buildings Sierra Army Depot Herlong CA 96113 Landholding Agency: Army Property Number: 21201330067 Status: Unutilized Directions: 00478, 00548, 00681, 00682, 00683, 00684, and 00685 Comments: sf. varies, 36-204+ months vacant; fair to deteriorated; secured area; extensive background check required; contact Amry for info. on a specifc property & accessibility reqs. 2 Buildings Camp Roberts MTC Camp Roberts CA 93451 Landholding Agency: Army Property Number: 21201410024 Status: Excess Directions: 14102 (864 sq. ft); 14801 (200 sq. ft) Comments: off-site removal only; 72+ yrs.-old; secured area; contact Army for accessbility/removal requirements. 4 Buildings Fort Hunter Liggett 711 ASP Road Fort Hunter Liggett CA 93928 Landholding Agency: Army Property Number: 21201420004 Status: Unutilized Directions: 711; 710; 0408A; 719 Comments: off-site removal only; no future agency need; poor conditions; must obtain access documentation; contact Army for information on a specific property and accessibility/removal request. Bldg. 53 Navy Lodge on RT Jones Rd. Mountain View CA Landholding Agency: Army Property Number: 21201430003 Status: Excess Comments: off-site removal only; 960 sq. ft.; storage; poor conditions; contact Army for more information. 00294 Los Alamitos Joint Forces Training Base (JFTB) Los Alamitos CA 90720-5002 Landholding Agency: Army Property Number: 21201430018 Status: Underutilized Directions: 00294 Comments: off-site removal only; no future agency need; 980 sq. ft.; storage/general purpose; very poor condition; secured area; contact Army for more information. Building 37 Defense Distribution San Joaquin CA 95304 Landholding Agency: Army Property Number: 21201510007 Status: Excess Comments: off-site removal only; 200 sq. ft.; shipping office; age: 2013; fair/good conditions; asbestos/lead; contact Army for more information. Camp Roberts MTC (H) Bldg. # T0864 Hwy 101; Bldg. 109 Camp Roberts CA 93451-5000 Landholding Agency: Army Property Number: 21201510028 Status: Unutilized Comments: off-site removal; 73+ yrs. old; 400 sq. ft. storage; residential; fair to poor condition; vacant 72 months; contact Army for more info. 3 Buildings Park Reserve Forces Training Area Dubin CA 94568 Landholding Agency: Army Property Number: 21201530048 Status: Unutilized Directions: Building: 973 RPUID: 376805 (1,933 sq. ft.); 1194 RPUID: 377058 (1,020 sq. ft.); 1195 RPUID: 377059 (1,020 sq. ft.) Comments: off-site removal only; no future agency need; 61/71+ yrs. old; Vacant Storage; recreation center; poor condition; contact Army for more info. on a specific property accessibility/removal requirements. 6 Buildings Fort Hunter Liggett Fort Hunter Liggett CA 93928 Landholding Agency: Army Property Number: 21201530049 Status: Unutilized Directions: Building: 0100B (124 sq. ft.); 124 (2,001 sq. ft.); 149 (1,196 sq. ft.); 283 (4,225 sq. ft.) 393 (58 sq. ft.); 394 (58 sq. ft.) Comments: off-site removal only; no future agency need; 35/86+ yrs. old; usage varies; contact Army for more info. on a specific property; access./removal requirements. Building 0132A Fort Hunter Liggett For Hunter Liggett CA 93928 Landholding Agency: Army Property Number: 21201530050 Status: Underutilized Comments: off-site removal; no future agency need; 64+ yrs. old; 943 sq. ft.; residential; poor condition; contact Army for more information and accessibility/removal requirements. Colorado Building 01852 6359 Barkley Ave. Ft. Carson CO 80913 Landholding Agency: Army Property Number: 21201320036 Status: Excess Comments: off-site removal only; 9,822 sf.; BDE HQ; repairs needed; asbestos; secured area; contact Army for access/removal requirements. Building 01854 6370 Porter St. Ft. Carson CO 80913 Landholding Agency: Army Property Number: 21201320037 Status: Excess Comments: off-site removal only; 3,800 sf.; Admin.; repairs needed; asbestos; secured area; contact Army for access/removal requirements. Building 00304 5020 Tevis St. Ft. Carson CO 80913 Landholding Agency: Army Property Number: 21201320039 Status: Excess Comments: off-site removal only; 15,484 sf.; Admin.; 4 months vacant; repairs needed; asbestos; contact Army for access/removal requirements. Building 01430 6101 Wetzel Ave. Fort Carson CO 80913 Landholding Agency: Army Property Number: 21201330028 Status: Unutilized Comments: off-site removal only; no future agency use; 4t months; 41,098 sf.; admin.; maint./repairs needed; secured area; contact Army for more info. re. accessibility/removal reqs. 3 Buildings Fort Carson Fort Carson CO 80913 Landholding Agency: Army Property Number: 21201340017 Status: Unutilized Directions: R043A (120 sq. ft.); R043D (240 sq. ft.); R111A (120 sq. ft.) Comments: off-site removal only; no future agency need; sq. ft. varies; poor conditions; secured area; contact Army for more information on a specific property & accessibility requirements. 4 Buildings Fort Carson 6466 Specker Ave., Building 1520 Fort Carson CO 80913-4001 Landholding Agency: Army Property Number: 21201420007 Status: Unutilized Directions: 01520; 01909; 05510; 06250 Comments: off-site removal only; no future agency need; contamination; repairs required; secured area; contact Army for information on a specific property and accessibility/removal request. 8 Buildings Fort Carson 3446 Airfield Road, Building 9600 Fort Carson CO 80913-4001 Landholding Agency: Army Property Number: 21201420008 Status: Excess Directions: 09600; 09601; 09602; 9605; 9608; 09610; 9634A; 9635A Comments: off-Site removal only; contamination; repairs required; secured area; contact Army for information on a specific property and accessibility/removal request. Building 09611 Fort Carson Ft. Carson CO 80913 Landholding Agency: Army Property Number: 21201420012 Status: Underutilized Comments: off-site removal only; no future agency need; 4,255 sq. ft.; org. classroom; 49+yrs. old; repairs required; contamination; secured area; contact Army for more info. 9745 Fort Carson Fort Carson CO 80913 Landholding Agency: Army Property Number: 21201430046 Status: Unutilized Comments: off-site removal only; no future agency need; 100 sq. ft.; access control point; repairs needed; secured area; contact Army for more information. Building 01431 6101 Wetzel Ave. Ft. Carson CO 80913 Landholding Agency: Army Property Number: 21201440050 Status: Unutilized Comments: off-site removal only; no future agency need; 202 sq. ft.; 4+ months vacant; repair needed; contact Army for more information. Building 00209 4809 Tevis Street Fort Carson CO 80913 Landholding Agency: Army Property Number: 21201520018 Status: Unutilized Comments: off-site removal; 49+ yrs. old; 400 sq. ft.; housing; vacant 3 mos.; repairs required; asbestos; no future agency need; contact Army for more information. Building 00220 4860 Tevis Street Fort Carson CO 80913 Landholding Agency: Army Property Number: 21201520033 Status: Excess Comments: off-site removal only; 73+ yrs. old; 690 sq. ft.; Eng./housing; repairs required; concrete; maybe difficult to move; asbestos; no future agency need; contact Army for more information. Georgia Building 904 2022 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310004 Status: Excess Comments: off-site removal only; 9,993 sf.; museum; poor conditions; asbestos & lead-based paint; w/in secured area; Gov't escort required to access/remove property. Building 862 259 N. Lightining Rd. Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201310010 Status: Excess Comments: off-site removal only; 826 sf.; Battery Shop; poor conditions; w/in secured area; contact Army for info. on accessibility/removal reqs. Building 853 140 Barren Loop Rd. Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201310011 Status: Excess Comments: off-site removal only; 4,100 sf.; Admin. 3 mons. vacant; fair conditions; w/in secured area; contact Army for accessibility/removal reqs. Building 866 null 395 N. Lightining Rd. Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201310012 Status: Excess Comments: off-site removal only; 2,100 sf.; Admin.; fair conditions; w/in secured area; contact Army for info. on accessibility/removal reqs. Building 9597 Bultman Ave. Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310013 Status: Excess Comments: off-site removal only; 324 sf.; storage; 6 mons. vacant; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building 8056 N. Lightining Rd. Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201310015 Status: Excess Comments: off-site removal only; 3,790 sf.; navigation bldg.; 10 mons. vacant; fair conditions; asbestos; w/in secured area; Gov't escort only to access/remove property. Buildings 7736 & 7740 Chip Rd. Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310016 Status: Excess Comments: off-site removal only; sf. varies; poor conditions; w/in secured area; Gov't escort only to access/remove property. 3 Buildings McFarland Ave. Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310017 Status: Excess Directions: 1710, 1711, 1712 Comments: off-site removal only; sf. varies; poor conditions; w/in secured area; Gov't escort only to access/remove property. Buildings 1303 & 1304 Warrior Rd. Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310018 Status: Excess Comments: off-site removal only; sf. varies; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building 1155 & 1156 N. Lightining Rd. Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201310019 Status: Excess Comments: off-site removal only; sf. varies; poor conditions; w/in secured area; Gov't escort only to access/remove property. Buildings 1139 & 1151 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310020 Status: Excess Comments: off-site removal only; sf. varies; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building 1104 Frank Cochran Dr. Hinesville GA 31314 Landholding Agency: Army Property Number: 21201310022 Status: Excess Comments: off-site removal only; 240 sf.; storage; poor conditions; w/in secured area; Gov't escort required to access/remove property. Building 1105 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310023 Status: Excess Comments: off-site removal only; 7,132 sf.; Maint. Facility; poor conditions; asbestos & lead; w/in secured area; Gov't escort required to access/remove property. Building 1130 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310024 Status: Excess Comments: off-site removal only; 322 sf.; storage; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building 1132 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310025 Status: Excess Comments: off-site removal only; 182 sf.; latrine; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building 1133 Veterans Pkwy Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201310026 Status: Excess Comments: off-site removal only; 501 sf.; latrine; poor conditions; w/in secured area; Gov't escort only to access/remove property. Building OT022 46 22nd Street Fort Gordon GA 30905 Landholding Agency: Army Property Number: 21201330005 Status: Unutilized Comments: no future agency need; Off-site removal only; 960 sf.; classroom; 120 months; dilapidated; contamination; closed post; contact Army for accessibility/removal requirements. Building OT007 31 22nd Street Fort Gordon GA 30905 Landholding Agency: Army Property Number: 21201330006 Status: Unutilized Comments: off-site removal only; no future agency need; 960 sf.; classroom; 120 months; dilapidated; contamination; closed post; contact Army for accessibility/removal reqs. 3 Buildings Veterans Pkwy. Fort Stewart GA 31314 Landholding Agency: Army Property Number: 21201330036 Status: Excess Directions: 1101, 1108, 1129 Comments: off-site removal only; poor conditions; contamination; secured area; contact Army for info. on a specific property; accessiblity removal reqs. Building 00TR4 43 Pistol Range Road Whitfield GA 30755 Landholding Agency: Army Property Number: 21201330045 Status: Excess Comments: off-site removal only; 2,560 sf.; dining facility; 78 yrs. old; poor conditions; contact Army for more info. Building 1157 Hunter Army Airfield Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201410033 Status: Excess Comments: off-site removal only; 5,809 sq. ft.; poor conditions; secured area; gov't escort required; contact Army for more info. Building 7097 Fort Stewart Ft. Stewart GA 31314 Landholding Agency: Army Property Number: 21201440007 Status: Underutilized Comments: off-site removal only; no future agency need; relocation difficult due to size/type; 9,520 sq. ft.; child development center; 6+ months vacant; poor conditions; contact Army for more information. 100 Hunter Army Airfield Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201440008 Status: Excess Comments: off-site removal only; relocation extremely difficult due to size; 13,331 sq. ft.; classroom; poor conditions; contact Army for more information. 1020 Hunter Army Airfield Hunter Army Airfield GA 31409 Landholding Agency: Army Property Number: 21201440009 Status: Underutilized Comments: off-site removal only; no future agency need; relocation extremely difficult due to size/type; 39,653 sq.ft.; storage; 1+ month vacant; contact Army for more information. 9002 Hunter Army Airfield Hunter Army Airfield GA 31406 Landholding Agency: Army Property Number: 21201440010 Status: Underutilized Comments: off-site removal only; no future agency need; relocation difficult due to type; 221 sq. ft.; 12+ months vacant; poor conditions; asbestos; contact Army for more information. 00977 Ft. Benning Ft. Benning GA 31905 Landholding Agency: Army Property Number: 21201530009 Status: Unutilized Directions: RPUID 280829 Comments: off-site removal only; 789 sq. ft.; no future agency need; 23+ yrs. old; poor conditions; contact Army for more information. 2 Buildings Ft. Benning Ft. Benning GA 31905 Landholding Agency: Army Property Number: 21201530012 Status: Unutilized Directions: 02671 (RPUID: 282337; 110 sq. ft.); 02296 (RPUID: 282250; 468 sq. ft.) Comments: off-site removal only; 789 sq. ft.; no future agency need; relocation difficult due to type; poor conditions; contact Army for more information. 2 Buildings Ft. Benning Ft. Benning GA 31905 Landholding Agency: Army Property Number: 21201530014 Status: Unutilized Directions: 04218 (RPUID: 282317; 485 sq. ft.); 04219 (RPUID: 282318; 577 sq. ft.) Comments: off-site removal only; no future agency need; relocation difficult due to type; poor conditions; contact Army for more information. 2 Buildings Ft. Benning Ft. Benning GA 31905 Landholding Agency: Army Property Number: 21201530015 Status: Unutilized Directions: 09128 (RPUID: 281864; 120 sq. ft.); 09132 (RPUID: 281868; 289 sq. ft.) Comments: off-site removal only; no future agency need; poor conditions; contact Army for more information. Hawaii P-88 Aliamanu Military Reservation Honolulu HI 96818 Landholding Agency: Army Property Number: 21199030324 Status: Unutilized Directions: Approximately 600 feet from Main Gate on Aliamanu Drive. Comments: 45,216 sq. ft. underground tunnel complex, pres. of asbestos clean-up required of contamination, use of respirator required by those entering property, use limitations. 3377Z Schofield Barracks Wahiawa HI 96786 Landholding Agency: Army Property Number: 21201210054 Status: Unutilized Comments: off-site removal only; 196 sf.; current use: transformer bldg.; poor conditions—needs repairs. Bldg 0300B 308 Paalaa Uka Pupukea Wahiawa HI 96786 Landholding Agency: Army Property Number: 21201210083 Status: Unutilized Comments: off-site removal only; 114 sf.; current use: valve house for water tank; fair conditions. 12 Bldgs. Schofield Barracks Wahiawa HI Landholding Agency: Army Property Number: 21201220009 Status: Unutilized Directions: 2509, 2510, 2511, 2512, 2513, 2514, 2516, 2517, 3030, 3031, 3032, 3035 Comments: off-site removal only; sf. varies; usage varies; storage; good conditions. A0300 308 Paalaa Uka Pupukea Rd. Helemano Wahiawa HI 96786 Landholding Agency: Army Property Number: 21201230009 Status: Unutilized Comments: off-site removal only; 17.25 x 21ft.; water storage. Buildings 1421 & 1422 510 CW2 Latchum Rd. Wahiawa HI 97686 Landholding Agency: Army Property Number: 21201310046 Status: Underutilized Comments: off-site removal only; sf. varies; office & toilet; fair conditions; military reservation. Buildings 3363, 3366, & 3371 Schofield Barracks Wahiawa HI 96786 Landholding Agency: Army Property Number: 21201310047 Status: Unutilized Comments: off-site removal only; sf. varies; abandoned; 230 mons. vacant; transformer bldgs. Building A0750 613 Ayers Ave. (Schofield Barracks) Wahiawa HI 96786 Landholding Agency: Army Property Number: 21201330038 Status: Unutilized Comments: off-site removal only; no future agency need; 512 sf.; storage; 46 yrs. old; poor conditions; contact Army for more info. 00038 Pohakuloa Training Area Hilo HI 96720 Landholding Agency: Army Property Number: 21201410007 Status: Unutilized Comments: off-site removal only; 102 sq. ft.; storage; 49+ yrs. old; poor conditions; contact Army for more information. 3 Buildings Joint Base Pearl Harbor Hickam Joint Base Pearl Harb HI 96860 Landholding Agency: Army Property Number: 21201530046 Status: Excess Directions: Building: 2266 (1,536 sq. ft.); 2267 (1,536 sq. ft.) 2268 (2,190 sq. ft.) Comments: off-site removal only; 32+ yrs. old; Child Development Centers; 24 mos. Vacant; poor condition; relocation may not be feasible due to deteriorated condition; contact Army for more information. Idaho R1A11 16 Miles South Boise ID 83634 Landholding Agency: Army Property Number: 21201320005 Status: Excess Comments: off-site removal only; 1,040 sf., dilapidated, repairs a must, temp. shelter, 9 months vacant, has hanta virus presence. R1A13 16 Miles South Boise ID 83634 Landholding Agency: Army Property Number: 21201320015 Status: Excess Comments: off-site removal only; 1,040 sf.; temp. shelter; 9 months vacant; dialpidated; Hanta virus; repairs a must. R1A10 16 Miles South Boise ID 83634 Landholding Agency: Army Property Number: 21201320041 Status: Excess Comments: off-site removal only; 1,040 sf.; dilapidated; repairs a must; 9 months vacant; Hanta virus. R1A12 16 Miles South Boise ID 83634 Landholding Agency: Army Property Number: 21201320042 Status: Excess Comments: off-site removal only; 1,040 sf.; temp. shelter; 9 months vacant; dilapidated; repairs a must; Hanta virus. R1A15 16 Miles South Boise ID 83634 Landholding Agency: Army Property Number: 21201320043 Status: Excess Comments: off-site removal only; 1,040 sf.; temp. shelter; 9 months vacant; dilapidated; Hanta virus; repair a must. Illinois 6 Buildings Granite City USARC Granite City IL 62040 Landholding Agency: Army Property Number: 21201410040 Status: Unutilized Directions: 401 (3,194 sq. ft.); 402 (4,913 sq. ft.); 403 (1,474 sq. ft.); 413 (739 sq. ft.); 434 (249 sq. ft.); 416 (1,387 sq. ft.) Comments: off-site removal only; no future agency need; dissemble may be required; poor conditions; secured area; contact Army on a specific property & accessibility/removal requirements. 2 Buildings Phillip H. Sheridan Reserve Center Ft. Sheridan IL 60037 Landholding Agency: Army Property Number: 21201410041 Status: Underutilized Directions: 564 (4,840 sq. ft.); 5659840 sq. ft.) Comments: off-site removal only; no future agency need; dissemble may be required; fair conditions; asbestos; secured area; contact Army for more info. on a specific property & accessibility/removal reqs. 2 Buildings Joliet USARC/JTA Elwood IL 60421 Landholding Agency: Army Property Number: 21201410042 Status: Unutilized Directions: JT837 (4,000 sq. ft.); JT834 (4,000 sq. ft.) Comments: off-site removal only; no future agency need; dissemble may be required; poor conditions; contact Army for more info. on a specific property & accessibility/removal reqs. Building 140 1515 W. Central Rd. Arlington Heights IL 60005 Landholding Agency: Army Property Number: 21201520034 Status: Unutilized Comments: off-site removal only; 58+ yrs old; 4.737 sq. ft.; 42+ mos. vacant; housing equipment; poor conditions; prior approval needed to gain access; no future agency need; contact Army for more information. Indiana 2 Buildings Ft. Ben Harrison USARC Indianapolis IN 46216 Landholding Agency: Army Property Number: 21201530007 Status: Unutilized Directions: 00334 (652 sq. ft.); 00337 (675 sq. ft.) Comments: off-site removal only; no future agency need; removal difficult; recreational center & restroom/shower; poor conditions contact Army for more information. Iowa Y11Q0 Camp Dodge Johnston IA 50131 Landholding Agency: Army Property Number: 21201330060 Status: Unutilized Comments: 3,076 sf.; family housing; 816+months vacant; deteriorated; secured area; escort required; contact Army for accessibility requirements. 2 Buildings Camp Dodge Johnston IA 50131 Landholding Agency: Army Property Number: 21201330064 Status: Unutilized Directions: Y1200 & TC030 Comments: 1,686 & 1,026 sf. respectively; garage; deteriorated; secured area; escort required; contact Army for accessibility requirements. Kansas Building 9109 Mallon Rd. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201310051 Status: Unutilized Comments: off-site removal only; 128 sf.; latrine; deteriorating conditions; located on controlled area; contact Army for more info. Building 00620 Mitchell Terr. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320014 Status: Excess Comments: off-site removal only; 12,640 sf.; lodging; deteriorating; asbestos. Building 09098 Vinton School Rd. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320016 Status: Excess Comments: off-site removal only; 120 sf.; guard shack; fair/moderate conditions. Building 07856 Drum St. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320017 Status: Excess Comments: off-site removal only; 13,493 sf.; dining facility; detereriorating; asbestos. Building 07636 Normandy Dr. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320018 Status: Excess Comments: off-site removal only; 9,850 sf.; deteriorating; asbestos. Building 05309 Ewell St. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320019 Status: Excess Comments: off-site removal only; 23,784 sf.; lodging; deteriorating; asbestos. Building 00918 Caisson Hill Rd. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320020 Status: Excess Comments: off-site removal only; 3,536 sf.; admin. general purpose; deteriorating; possible contamination; secured area; however, prior approval to access is needed; contact Army for more info. Building 00621 Mitchell Terr. Ft. Riley KS 66442 Landholding Agency: Army Property Number: 21201320021 Status: Excess Comments: off-site removal only; 12, 640 sf.; lodging; deteriorating; asbestos. Building 7610 Fort Riley Fort Riley KS 66442 Landholding Agency: Army Property Number: 21201410049 Status: Excess Comments: off-site removal only; may not be feasible to relocate due to sq. ft./type of structure; 41,892 sq. Ft. barracks contact Army for more information. 8 Buildings Fort Riley 610 Warrior Rd. Fort Riley KS 66442 Landholding Agency: Army Property Number: 21201420002 Status: Excess Directions: 610, 7610, 7614, 7616, 7842, 7846, 7850, 8063 Comments: off-site removal only; major repairs needed, mold and asbestos; secured area; contact Army for information on a specific property and accessibility/removal request. 502 Fort Riley Fort Riley KS 66442 Landholding Agency: Army Property Number: 21201430009 Status: Excess Directions: 502 Comments: off-site removal only; 316 sq. ft.; office; structure type: Police Station; 55+ years old; fair condition; contact Army for more information. Kentucky Fort Knox Eisenhower Avenue Fort Knox KY 40121 Landholding Agency: Army Property Number: 21201110011 Status: Unutilized Directions: Bldgs: 06559, 06571, 06575, 06583, 06584, 06585, 06586 Comments: off-site removal only; multiple bldgs. w/various sq. footage (2,578-8,440 sq. ft), current use varies (classroom-dental clinic), lead base paint, asbestos & mold identified. Fort Knox, 10 Bldgs. Bacher Street 2nd Dragoons Rd & Abel St Fort Knox KY 40121 Landholding Agency: Army Property Number: 21201110012 Status: Unutilized Directions: Bldgs: 06547, 06548, 06549, 06550, 06551, 06552, 06553, 06554, 06557, 06558 Comments: off-site removal only, multiple blegs. w/various sq. footage (8,527-41,631 sq. ft.) lead base paint, abestos & mold identified in all bldgs. Current use varies. Fort Knox, 10 Bldgs Eisenhower Ave Fort knox KY 40121 Landholding Agency: Army Property Number: 21201110015 Status: Unutilized Directions: Bldgs: 06535, 06536, 06537, 06539, 06540, 06541, 06542, 06544, 06545, 06546 Comments: off-site removal only, multiple bldgs. w/various sq. ft. (2,510-78,436 sq. ft.) lead base paint, asbestos & mold has been identified in all bldgs. Current use varies. 11 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140002 Status: Unutilized Directions: 02422, 02423, 02424, 02425, 02956, 02960, 00173, 02197, 02200, 00097, 00098 Comments: off-site removal only; possible lead based paint, asbestos, and mold in all bldgs.; sq. ft. varies; current use: office. 5 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140003 Status: Unutilized Directions: 02317, 02323, 02324, 02349, 02421 Comments: off-site removal only; possible lead base paint, asbestos, and mold; sq. ft. varies; current use: office. 10 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140016 Status: Unutilized Directions: 120, 161, 166, 171, 101, 114, 115, 116, 117, 1196 Comments: off-site removal only; sq. ft. varies; current use: office space to storage; possible asbestos and mold. 18 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140032 Status: Unutilized Directions: 51, 52, 70, 73, 74, 76, 2961, 2963, 2964, 2969, 2970, 2971, 2972, 2973, 2974, 2975, 2979, 2316 Comments: off-site removal only; possible asbestos, mold, and lead base paint; sq. ft. varies; current use: office. Bldg. 2980 Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140078 Status: Unutilized Comments: off-site removal only; 6,900 sq. ft.; current use: office; possible asbestos and mold. Bldg. 1197 Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201140079 Status: Unutilized Comments: off-site removal only; 2,969 sq. ft; current use: office; possible lead base paint, asbestos, and mold. 23 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201210034 Status: Unutilized Directions: 6097, 6098, 6099, 6113, 6114, 6115, 6116, 6118, 6120, 6121, 6123, 6124, 6614, 6615, 6616, 7107, 9209, 9215, 9231, 9254, 9256, 9361, 9619 Comments: off-site removal only; sq. ft. varies, current use: varies; poor conditions—need repairs; lead, mold, and asbestos identified. 20 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201210035 Status: Unutilized Directions: 45, 46, 64, 75, 79, 107, 114, 155, 202, 205, 299, 1373, 1997, 2319, 2350, 3007, 6033, 6034, 6035, 6036 Comments: off-site removal only; sq. ft. varies, current use: varies; poor conditions—need repairs; lead, mold, and asbestos identified. 5 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201210036 Status: Unutilized Directions: 6038, 6039, 6040, 6093, 6094 Comments: off-site removal only; sq. ft. varies, current use: varies; poor conditions—need repairs; lead, mold, and asbestos identified. 22 Bldgs. Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201220020 Status: Unutilized Directions: 79, 204, 1610, 1996, 2955, 2959, 2965, 2980, 2991, 6531, 6533, 6560, 6561, 6563, 6564, 6565, 6566, 6592, 6594, 9183, 9319, 9320. Comments: off-site removal only; sf varies; usage varies; need repairs; lead and asbestos identified; need remediation. 15 Buildings Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201230030 Status: Unutilized Directions: 2991, 3006, 6127, 7345, 7346, 9254, 9264, 9294, 9302, 9311, 9315, 9335, 9427, 9503, 9504 Comments: use: maintenance;extremely poor conditions; contamination identified; contact Army for further details & accessibility requirements. 10 Buildings Ft. Knox Ft. Knox KY 40121 Landholding Agency: Army Property Number: 21201230031 Status: Unutilized Directions: 9505, 9506, 9507, 9508, 9509, 9617, 9675, 9681, 9706, 9707 Comments: sf. varies; extremely poor conditions; contamination identified; contact Army for further details & accessibility requirements. 6 Buildings Ft. Campbell Ft. Campbell KY 42223 Landholding Agency: Army Property Number: 21201530030 Status: Unutilized Directions: 07110 (23,628 sq. ft.; barracks); 07112 (25,625 sq. ft.; barracks); 07114 (7,173 sq. ft.; office); 07116 (7,602 sq. ft.; office); 07118 (25,625 sq. ft.; barracks); 07120 (25, 625 sq. ft.; barracks) Comments: fair conditions; needs repairs; contamination; daily registration required to access property; contact Army for more details on a specific property. 6 Buildings Fort Campbell Fort Campbell KY 42223 Landholding Agency: Army Property Number: 21201530070 Status: Unutilized Directions: Building 00098 RPUID: 617032; (110,74 sq.ft.); 00099 RPUID: 607082 (5,236 sq.ft.); 05005 RPUID: 584422 456 sq.ft.); 06139 RPUID: 570559 (2,686 sq.ft.); 06254 RPUID: 580305 (9,189 sq.ft.); 06921 RPUID: 618134 (38,993 sq.ft.) Comments: 57-61+yrs.; offices; sales; health clinic; sewage plt.; barracks; fair condition; daily registration required to access; contact Army for more information. 9 Buildings Fort Campbell Fort Campbell KY 42223 Landholding Agency: Army Property Number: 21201530071 Status: Unutilized Directions: 06922 RPUID: 618298 (38,961 sq.ft.); 06923 RPUID: 621105 (38,544 sq.ft.); 06925 RPUID: 581379 (3,610 sq.ft.); 06930 RPUID: 602890 (38,044 sq.ft.); 06931 RPUID: 613237 (31,586 sq.ft.); 07042 RPUID: 614204 (4,808 sq.ft.); 07043 RPUID: 621983 (4,748 sq.ft.); 07049 RPUID: 608997 (5,217 sq.ft.) 07160 RPUID: 621648 (12,372 sq.ft.) Comments: 57-61+yrs. old; veh maint; offices; barracks; fire station; fair conditions;daily registration required to access; contact Army for more information. Building 07164 Fort Campbell Fort Campbell KY 42223 Landholding Agency: Army Property Number: 21201530072 Status: Unutilized Directions: RPUID: 619432 Comments: 63+ yrs old; 9,936 sq.ft.; fair condition; asbestos; flt control tower; daily registration required to access; contact Army for more information. 2 Buildings Fort Campbell Ft. Campbell KY 42223 Landholding Agency: Army Property Number: 21201530080 Status: Unutilized Directions: 07168 (610334; 1,504 sq. ft.); 07187 (583711; 308 sq. ft.) Comments: off-site removal only; no future agency need; removal diff. due to type/size; good/fair conditions; daily registration required to access property; contact Army for more details on a specific property. Building A7140 Fort Campbell Ft. Campbell KY 42223 Landholding Agency: Army Property Number: 21201530102 Status: Underutilized Comments: 414 sq. ft.; 56+ yrs.-old; fair conditions; registration required on daily basis to access property; contact Army for more information. Louisiana B-8248 Ft. Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201210069 Status: Underutilized Comments: 3,141 sf.; current use: Admin. Bldg.; poor conditions—need repairs. B-8401 Ft. Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201210070 Status: Underutilized Comments: 3,141 sf.; current use: Admin. Bldg.; poor conditions—need repairs. 21 Buildings Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201230034 Status: Underutilized Directions: 9515, 9537, 9554, 9570, 9593, 9594, 9601, 9602, 9603, 9604, 9607, 9609, 9618, 9619, 9666, 9703, 9741, 9744, 9751, 9753, 9755 Comments: off-site removal only; sf. varies; use: varies; poor conditions; contact Army for further details re: a specific property. 18 Buildings Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201230035 Status: Underutilized Directions: 9764, 9765, 9773, 9793, 9794, 9797, 9803, 9812, 9818, 9830, 9836, 9837, 9840, 9854, 9913, 9914, 9917, 9920 Comments: off-site removal only; sq.ft. varies; use: varies; poor conditions; contact Army for further details re: a specific property. 7 Building Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201330044 Status: Underutilized Directions: 00916, 03313, 03314, 03315, 3316, 3320, 3323 Comments: off-site removal only; sf. varies; no future agency need; poor conditions; contact Army for more info. on a specific property & removal reqs. 13 Buldings Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201330056 Status: Underutilized Directions: 3335, 3341, 3342, 3344, 3348, 4798, 7144, 7192, 7193, 7194, 7199, 08091, 8092 Comments: off-site removal only; no future agency need; sf. varies; storage to picnic/rec. shelter; poor conditions; contact Army for more info. on a specific property and removal requirements. 7318D Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530037 Status: Unutilized Comments: off-site removal only; no future agency need; 4,539 sq. ft.; recreation center; contact Army for more information. 7604B Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530038 Status: Unutilized Comments: off-site removal only; no future agency need; 3,740 sq. ft.; contact Army for more information. 7604C Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530039 Status: Unutilized Comments: off-site removal only; no future agency need; 3,740 sq. ft.; relocatable company building; contact Army for more information. 7308E Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530040 Status: Unutilized Comments: off-site removal only; no future agency need; 5,396 sq. ft.; relocatable office; contact Army for more information. 7802B Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530041 Status: Unutilized Comments: off-site removal only; no future agency need; 3,740 sq. ft.; relocatable company building; contact Army for more information. 7525C Fort Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201530042 Status: Unutilized Comments: off-site removal only; no future agency need; 913 sq. ft.; relocatable shower/toilet facility; contact Army for more information. 7318C Fort Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201530043 Status: Unutilized Comments: off-site removal only; 6,016 sq. ft.; no future agency need; relocatable battalion aid station; contact Army for more information. 7306C Fort Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201530044 Status: Unutilized Comments: off-site removal only; no future agency need; relocatable office; 1,800 sq. ft.; contact Army for more information. 7604D Fort Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201530045 Status: Unutilized Comments: off-site removal only; no future agency need; 3,740 sq. ft.; relocatable office; contact Army for more information. 9 Buildings Fort Polk Ft. Polk LA 71459 Landholding Agency: Army Property Number: 21201530073 Status: Underutilized Directions: 00002 (190857; 4,070 sq. ft.); 00003 (292997; 97 sq. ft.); 02531 (191515; 4,830 sq. ft.); 02599 (191521; 159 sq. ft.); 04250 (191272; 240 sq. ft.); 07526 (299361; 480 sq. ft.); 09787 (293242; 608 sq. ft.); 09806 (188086; 2,834 sq. ft.); M0350 (188086)? Comments: off-site removal only; no future agency need; removal difficult due to type/size; poor conditions; contact Army for more details on a specific property. Building 07043 Fort Polk Fort Polk LA 71459 Landholding Agency: Army Property Number: 21201530101 Status: Underutilized Comments: off-site removal only; 1,200 sq. ft.; maintenance building; poor conditions; contact Army for more information. Maryland Bldg. 06186 Ft. Detrick Fredrick MD 21702 Landholding Agency: Army Property Number: 21201110026 Status: Unutilized Comments: off-site removal only, 14,033 sq. ft., current use: communications ctr., bldg. not energy efficient but fair condition. 5 Buildings Ft. George G. Meade Ft. George MD 20755 Landholding Agency: Army Property Number: 21201330008 Status: Unutilized Directions: 4, 239, 700, 2790, 8608 Comments: off-site removal only; no future agency need; sf. varies; fair to deteriorating conditions; secured area; contact Army re. info. on a specific property & accessibility/removal reqs. Building 01245 1245 Rocky Springs Road Frederick MD 21702 Landholding Agency: Army Property Number: 21201520042 Status: Unutilized Comments: off-site removal only; 20+ yrs. old; 120 sq. ft.; vacant 1+ mos.; arms storage; good condition; no future agency need; contact Army for more information. Michigan 6 Buildings Detroit Arsenal Warren MI 48092 Landholding Agency: Army Property Number: 21201340026 Status: Unutilized Directions: WH001 (4,680 sq. ft.); WH002 (3,910 sq. ft.); WH003 (5,256 sq. ft.); WH004 (3,840 sq. ft.) WH005 (5,236 sq. ft.); WH006 (5,940 sq. ft.) Comments: off-site removal only; no future agency need; residential; repairs needed; contamination; secured area; contact Army for more information on a specific property accessibility requires. 6 Buildings Detroit Arsenal Warren MI 48092 Landholding Agency: Army Property Number: 21201340027 Status: Unutilized Directions: WH013 (4,680 sq.ft.); WH014 (5,236 sq.ft.); WH015 (3,000 sq.ft.); WH016 (3,840 sq.ft.); WH017 (3,000 sq.ft.); WH018 (5,940 sq.ft.) Comments: off-site removal only; no future agency need; residential; repairs needed; contamination; secured area; contact Army for more infomation on a specific property & accessiblity requirements. 6 Building Detroit Arsenal Warren MI 48092 Landholding Agency: Army Property Number: 21201340028 Status: Unutilized Directions: WH007 (3,840 sq. ft.); WH008 (5,940 sq. ft.); WH009 (5,236 sq. ft.); WH010 (4,680 sq. ft.); WH011 (5,236 sq. ft.); WH012 (5,236 sq. ft.) Comments: off-site removal only; no future agency need; residential; repairs needed; contamination; secured area; contact Army for more information on a specific property and accessibility requires. 6 Buildings Detroit Arsenal Warren MI 48092 Landholding Agency: Army Property Number: 21201340029 Status: Unutilized Directions: WH019 (4,680 sq.ft.); WH020 (5,940 sq.ft.); WH021 (5,940 sq.ft.); WH022 (4,680 sq.ft.); WH023 (5,940 sq.ft.); WH024 (1,760 sq.ft.) Comments: off-site removal only; no future agency need; residential; repairs needed; contamination; secured area; contact Army for more information on a specific property & accessiblity requirements. 4 Buildings Detroit Arsenal Warren MI 48092 Landholding Agency: Army Property Number: 21201340031 Status: Unutilized Directions: WH025 (1,760 sq.ft.); WH026 (1,760 sq. ft.); WH027 (1,760 sq.ft.); WH028 (400 sq.ft.) Comments: off-site removal only; no future agency need; residential; repairs needed; contamination; secured area; contact Army for more information on a specific property & accessiblity requirements. Minnesota 18 Bldgs. 1245 Hwy 96 West Arden Hills Army TRNG Site Arden Hills MN 55112 Landholding Agency: Army Property Number: 21201210059 Status: Unutilized Directions: 12155, 12156, 12157, 01200, 01201, 01202, 01203, 01204, 01205, 01206, 04202, 11218, 11219, 11220, 11221, 11222, 11223, 04203 Comments: off-site removal only; sf. varies; current use: storage; poor conditions—need repairs. Missouri Bldg. T2139 Fort Leonard Wood Ft. Leonard Wood MO 65473-5000 Landholding Agency: Army Property Number: 21199420446 Status: Underutilized Directions: Comments: 3663 sq. ft., 1-story, presence of lead base paint, most recent use—admin/gen. purpose, off-site use only. Bldg. 2167 Fort Leonard Wood Ft. Leonard Wood MO 65473-5000 Landholding Agency: Army Property Number: 21199820179 Status: Unutilized Directions: Comments: 1296 sq. ft., presence of asbestos/lead paint, most recent use—admin., off-site use only. Bldgs. 2192, 2196, 2198 Fort Leonard Wood Ft. Leonard Wood MO 65473-5000 Landholding Agency: Army Property Number: 21199820183 Status: Unutilized Directions: Comments: 4720 sq. ft., presence of asbestos/lead paint, most recent use—barracks, off-site use only. 12 Bldgs Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200410110 Status: Unutilized Directions: 07036, 07050, 07054, 07102, 07400, 07401, 08245, 08249, 08251, 08255, 08257, 08261. Comments: 7152 sq. ft. 6 plex housing quarters, potential contaminants, off-site use only. 6 Bldg Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200410111 Status: Unutilized Directions: 07044, 07106, 07107, 08260, 08281, 08300 Comments: 9520 sq ft., 8 plex housing quarters, potential contaminants, off-site use only. Bldgs 08283, 08285 Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200410113 Status: Unutilized Comments: 2240 sq ft, 2 plex housing quarters, potential contaminants, off-site use only. 15 Bldgs Fort Leonard Wood Ft. Leonard Wood MO 65743-0827 Landholding Agency: Army Property Number: 21200410114 Status: Unutilized Directions: 08267, 08269, 08271, 08273, 08275, 08277, 08279, 08290, 08296, 08301 Comments: 4784 sq ft., 4 plex housing quarters, potential contaminants, off-site use only. Bldg 09432 Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200410115 Status: Unutilized Comments: 8724 sq ft., 6-plex housing quarters, potential contaminants, off-site use only. Bldgs. 5006 and 5013 Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200430064 Status: Unutilized Comments: 192 sq. ft., needs repair, most recent use—generator bldg., off-site use only. Bldgs. 13210, 13710 Fort Leonard Wood Ft. Leonard Wood MO 65743-8944 Landholding Agency: Army Property Number: 21200430065 Status: Unutilized Comments: 144 sq. ft. each, needs repair, most recent use—communication, off-site use only. P0002 88th Reginal Support Command Cape Girardeau MO 63701 Landholding Agency: Army Property Number: 21201510006 Status: Unutilized Comments: off-site removal only; 96 sq. ft.; storage; no future agency need; 14+ mons. vacant; asbestos; contact Army for more information. Montana Bldg. 00405 Fort Harrison Ft. Harrison MT 59636 Landholding Agency: Army Property Number: 21200130099 Status: Unutilized GSA Number: Comments: 3467 sq. ft., most recent use—storage, security limitations. Bldg. T0066 Fort Harrison Ft. Harrison MT 59636 Landholding Agency: Army Property Number: 21200130100 Status: Unutilized GSA Number: Comments: 528 sq. ft., needs rehab, presence of asbestos, security limitations. New Jersey 4 Bldgs. Picatinny Arsenal Dover NJ 07806 Landholding Agency: Army Property Number: 21201220011 Status: Unutilized Directions: 1179, 1179A, 1179C, 1179D Comments: off-site removal only; sf varies; usage varies; need repairs; contamination; remediation required; secured area; need prior approval to access property; contact Army for more details. 4 Building Route 15 North Picatinny Arsenal NJ 07806 Landholding Agency: Army Property Number: 21201240026 Status: Unutilized Directions: 3701, 3702, 3706, 3709 Comments: off-site removal only, sq. varies, moderate conditions, restricted area; contact Army for information on accessibility removal and specific details on a particular property. Building 00063 Picatinny Arsenal Picatinny Arsenal NJ 07806 Landholding Agency: Army Property Number: 21201310039 Status: Underutilized Comments: off-site removal only; 44,000 sf.; storage; very poor conditions; w/in secured area; contact Army for accessibility/removal requirements. Building 01186 Pictinny Arsenal Dover NJ 07806 Landholding Agency: Army Property Number: 21201310040 Status: Unutilized Comments: off-site removal only; 192 sf.; storage; very poor conditions; w/in restricted area; contact Army for info. on accessibility/removal requirements. Building 03223 Picatinny Arsenal Dover NJ 07806-5000 Landholding Agency: Army Property Number: 21201330046 Status: Unutilized Comments: off-site removal only; no future agency need; 312 sf.; 102 yrs.-old; poor conditions; secured area; contact Army for more info. New York Bldg. 2218 Stewart Newburg USARC New Windsor NY 12553-9000 Landholding Agency: Army Property Number: 21200510067 Status: Unutilized Comments: 32,000 sq. ft., poor condition, requires major repairs, most recent use—storage/services. 7 Bldgs. Stewart Newburg USARC New Windsor NY 12553-9000 Landholding Agency: Army Property Number: 21200510068 Status: Unutilized Directions: 2122, 2124, 2126, 2128, 2106, 2108, 2104 Comments: sq. ft. varies, poor condition, needs major repairs, most recent use—storage/services. Bldg. 4802 Fort Drum Jefferson NY 13602 Landholding Agency: Army Property Number: 21201010019 Status: Unutilized Comments: 3300 sq. ft., most recent use—hdgts. facility, off-site use only. Bldgs. 4813 Fort Drum Jefferson NY 13602 Landholding Agency: Army Property Number: 21201010020 Status: Unutilized Comments: 750 sq. ft., most recent use—wash rack, off-site use only. Bldgs. 1240, 1255 Fort Drum Jefferson NY 13602 Landholding Agency: Army Property Number: 21201010022 Status: Unutilized Comments: various sq. ft., most recent use—vehicle maint. facility, off-site use only. 6 Bldgs. Fort Drum Jefferson NY 13602 Landholding Agency: Army Property Number: 21201010023 Status: Unutilized Directions: 1248, 1250, 1276, 2361, 4816, 4817 Comments: various sq. ft., most recent use—storage, off-site use only. Bldgs. 02700 and 22630 Fort Drum Fort Drum NY 13602 Landholding Agency: Army Property Number: 21201210080 Status: Underutilized Comments: off-site removal only; sf. varies; current use: varies; need repairs. Bldg. 1345 Ft. Drum Ft. Drum NY Landholding Agency: Army Property Number: 21201220030 Status: Underutilized Comments: off-site removal only; 7,219 sf.; vehicle maint. shop.; extensive repairs needed; secured area; need prior approval to access property. Building 191 First Street West Ft. Drum NY 13602 Landholding Agency: Army Property Number: 21201230005 Status: Unutilized Comments: off-site removal only; 5,922 sf.; use: Admin.; extensive structual damage; remediation required before occupying bldg.; secured area; contact Army to schedule appt. to access property. 5 Buildings Ft. Drum Ft. Drum NY 13601 Landholding Agency: Army Property Number: 21201230006 Status: Unutilized Directions: 1454, 1456, 2443, 4890, 4893 Comments: off-site removal only; sf. varies; use; varies; extensive repairs needed due to age; secured area; contact Army re: details on accessing property. Building 1560 Rte. 293 West Point NY 10996 Landholding Agency: Army Property Number: 21201240024 Status: Unutilized Comments: off-site removal only, 4544 sf., storage severely damage from hurricane Irene, restricted area, contact Army on information on accessibility/removal. 2 Buildings Wheeler-Sack Army Ft. Drum NY 13602 Landholding Agency: Army Property Number: 21201320034 Status: Unutilized Directions: Bldgs. 2908 & 2909 are each 11,809 sf. Comments: no future Army use; off-site removal only; poor conditions; secured area; contact Army re: accessibility/removal requirements. 3 Buildings Ft. Drum Ft. Drum NY 13602 Landholding Agency: Army Property Number: 21201330011 Status: Underutilized Directions: 2150, 2190, 2360 Comments: off-site removal only; no future agency need; sf. varies; poor conditions; secured area; contact Army re a specific property & accessibility/removal reqs. Building 2022 Wheeler Sack Army Airfield Ft. Drum NY 13602 Landholding Agency: Army Property Number: 21201330020 Status: Unutilized Comments: off-site removal only; no future agency need; 115 sf.; communication ctr.; 12t months vacant; poor conditions; secure area; contact Army for accessibility/removal reqs. 3 Buildings Fort Drum Fort Drum NY 13602 Landholding Agency: Army Property Number: 21201340018 Status: Underutilized Directions: 2890 (560 sq.ft.); 1388 (296 sq.ft.); 4779 (296 sq.ft.) Comments: off-site removal only; no future agency need; poor conditions; secured area; contact Army for more information on a specific property & accessibility requirements. 01004 Fort Drum Watertown NY 13602 Landholding Agency: Army Property Number: 21201340038 Status: Underutilized Comments: off-site removal only; no future agency need; obstacle course; dissemble required to relocate; restricted area; contact Army for more info. 3 Buildings Fort Drum Fort Drum NY 13602 Landholding Agency: Army Property Number: 21201420010 Status: Underutilized Directions: 1395; 1495; 22639 Comments: off-site removal only; no future agency need; poor conditions; secured area; contact Army for more info. on a specific property & removal accessibility reqs. Building 2560 Munns Corners Road Fort Drum NY 13601 Landholding Agency: Army Property Number: 21201520032 Status: Underutilized Comments: off-site removal; 36 sq. ft.; no future agency need; communication ctr.; poor conditions; contact Army for more information. Building 1438 West Point; Range Rd. (Range 8) West Point NY 10996 Landholding Agency: Army Property Number: 21201530095 Status: Unutilized Comments: off-site removal only; no future agency need; 81 sq. ft.; range observance tower; 12+ months vacant; very poor conditions; contact Army for more information. North Carolina Building 42843 Ft. Bragg Ft. Bragg NC 28310 Landholding Agency: Army Property Number: 21201240034 Status: Underutilized Directions: 42843 Comments: located in a secured area, public access is denied and no alternative method to gain access without compromising national security. Building D1209 4285 Gruber Road Ft. Bragg NC 28308 Landholding Agency: Army Property Number: 21201330069 Status: Unutilized Comments: 15,327 sf; 21 yrs. old; extensive repairs needed; secured area; extensive background check required; contact Army for accessibility requirements. D3039 3912 Donovan Street Ft. Bragg NC 28308 Landholding Agency: Army Property Number: 21201330070 Status: Unutilized Comments: 13,247 sf.; 42 yrs. old; dining facility; extensive repairs; extensive background check; secured area; contact Army for accessibility requirements. Ohio 125 1155 Buckeye Rd. Lima OH 45804 Landholding Agency: Army Property Number: 21201230025 Status: Underutilized Directions: Joint Systems Manufacturing Center Comments: off-site removal only; 2,284 sf.; use: storage; poor conditions; asbestos identified; secured area; contact Army re: accessibility requirements. Oklahoma Bldg. T-838, Fort Sill 838 Macomb Road Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199220609 Status: Unutilized Directions: Comments: 151 sq. ft., wood frame, 1 story, off-site removal only, most recent use—vet facility (quarantine stable). Bldg. T-3325, Fort Sill 3325 Naylor Road Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199240681 Status: Unutilized Directions: Comments: 8832 sq. ft., 1 story wood frame, needs rehab, off-site use only, most recent use—warehouse. Bldg. T-810 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730350 Status: Unutilized Directions: Comments: 7205 sq. ft., possible asbestos/lead paint, most recent use—hay storage, off-site use only. Bldgs. T-837, T-839 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730351 Status: Unutilized Directions: Comments: approx. 100 sq. ft. each, possible asbestos/lead paint, most recent use—storage, off-site use only. Bldg. P-934 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730353 Status: Unutilized Directions: Comments: 402 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use only. Bldg. T-2184 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730364 Status: Unutilized Directions: Comments: 454 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use only. Bldgs. T-3001, T-3006 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730383 Status: Unutilized Directions: Comments: approx. 9300 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use only. Bldg. T-3314 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730385 Status: Unutilized Directions: Comments: 229 sq. ft., possible asbestos/lead paint, most recent use—office, off-site use only. Bldg. T-7775 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199730419 Status: Unutilized Directions: Comments: 1452 sq. ft., possible asbestos/lead paint, most recent use—private club, off-site use only. 4 Bldgs. Fort Sill P-617, P-1114, P-1386, P-1608 Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910133 Status: Unutilized GSA Number: Comments: 106 sq. ft., possible asbestos/lead paint, most recent use—utility plant, off-site use only. Bldg. P-746 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910135 Status: Unutilized GSA Number: Comments: 6299 sq. ft., possible asbestos/lead paint, most recent use—admin., off-site use only. Bldg. S-6430 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910156 Status: Unutilized GSA Number: Comments: 2080 sq. ft., possible asbestos/lead paint, most recent use—range support, off-site use only. Bldg. T-6461 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910157 Status: Unutilized GSA Number: Comments: 200 sq. ft., possible asbestos/lead paint, most recent use—range support, off-site use only. Bldg. T-6462 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910158 Status: Unutilized GSA Number: Comments: 64 sq. ft., possible asbestos/lead paint, most recent use—control tower, off-site use only. Bldg. P-7230 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21199910159 Status: Unutilized GSA Number: Comments: 160 sq. ft., possible asbestos/lead paint, most recent use—transmitter bldg., off-site use only. Bldg. P-747 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21200120120 Status: Unutilized GSA Number: Comments: 9232 sq. ft., possible asbestos/lead paint, most recent use—lab, off-site use only. Bldg. P-842 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21200120123 Status: Unutilized GSA Number: Comments: 192 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use only. Bldg. P-1672 Fort Sill Lawton OK 73503-5100 Landholding Agency: Army Property Number: 21200120126 Status: Unutilized GSA Number: Comments: 1056 sq. ft., possible asbestos/lead paint, most recent use—storage, off-site use only. Bldgs. 01509, 01510 Fort Sill Lawton OK 73501 Landholding Agency: Army Property Number: 21200920060 Status: Unutilized Comments: various sq. ft., most recent use—vehicle maint. shop, off-site use only. 26 Buildings Fort Sill Fort Sill OK 93503 Landholding Agency: Army Property Number: 21201330055 Status: Unutilized Directions: 2596, 2597, 2774, 2838, 2839, 2840, 2841, 2843, 2844, 2847, 2850, 2851, 2853, 2854, 2855, 2856, 2858, 2860, 2861, 2862, 2863, 2864, 2865, 2866, 2868, 2869 Comments: off-site removal only; no future agency need; 6+ months vacant; sf. varies; contact Army for more info. on a specific property and removal requirements. 7 Buildings Fort Sill Fort Sill OK 73503 Landholding Agency: Army Property Number: 21201420030 Status: Unutilized Directions: 1541, 1760, 2602, 2960, 5727, 6021, 6449 Comments: off-site removal only; no future agency need; repairs required; contact Army for more info. on a specific property removal reqs. Pennsylvania Building 01015 11 Hap Arnold Blvd. Tobyhanna PA 18466 Landholding Agency: Army Property Number: 21201320031 Status: Unutilized Comments: off-site removal only; 3,120 sf.; recruiting station; 1 month vacant; poor conditions; asbestos; secured area; contact Army for more info. Building 01001 11 Hap Arnold Blvd. Tobyhanna PA 18466 Landholding Agency: Army Property Number: 21201320035 Status: Excess Comments: off-site removal only; 4,830 sf.; youth center/admin.; 1 month vacant; poor conditions; asbestos; secured area; contact Army for more info. 00018 Dekense Distributin Susquehanna, PA DDS PA 17070 Landholding Agency: Army Property Number: 21201530005 Status: Unutilized Directions: RPWD 270000 Comments: off-site removal only; 160 sq. ft.; office; average condition; no future agency need; 24+ months vacant; contact Army for more information. Puerto Rico 5 Buildings Ft. Buchanan Guaynabo PR 00934 Landholding Agency: Army Property Number: 21201330037 Status: Excess Directions: 00141, 00551, 00558, 00570, 00579 Comments: off-site removal only; deteriorated; secured area; contact Army for info. on a specific property & accessibility removal reqs. 6 Buildings Fort Buchanan 00176 Chrisman Road Fort Buchanan PR 00934 Landholding Agency: Army Property Number: 21201420011 Status: Excess Directions: 00176; 00218; 00219; 00220; 00674; 00800 Comments: off-site removal only; deteriorated; restricted access contact Army on a specific property and accessibility removal request. 00801 Fort Buchanan Fort Buchanan PR 00934 Landholding Agency: Army Property Number: 21201430001 Status: Excess Directions: 00801 Comments: off-site removal only; 2.128 sq. ft.; 12+ months vacant; deteriorated; secured area; contact Army for more information. Tennessee 00869 Fort Campbell Fort Campbell TN 42223 Landholding Agency: Army Property Number: 21201430036 Status: Excess Comments: 3,076 sq. ft.; storage; fair conditions; asbestos in floor tiles; secured area; contact Army for more information. 07612 Fort Campbell Fort Campbell TN 42223 Landholding Agency: Army Property Number: 21201430044 Status: Excess Comments: 600 sq. ft.; storage; fair condition; secured area; contact Army for more information. 9 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201440002 Status: Excess Directions: 00039; 00846; 05123; 05638; 05640; 05641; 05646; 07540; 07811 Comments: off-site removal only; relocation may be extremely difficult due to size/type; sq. ft. varies; poor conditions; contamination; contact Army for more information. 03R28, 02r28, & 01R28 Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201440005 Status: Underutilized Comments: off-site removal only; no future agency need; 552 sq. ft.; range support facility; major repairs; secured area; contact Army for more information. 05127 Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201440058 Status: Excess Comments: off-site removal only; 224 sq. ft.; storage; fair conditions; contact Army for more information on accessibility/removal requirements. 4 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201440059 Status: Excess Directions: 05211 (320 sq. ft.); 05665 (800 sq. ft.); 00100 (800 sq. ft.); 01604 (126 sq. ft.) Comments: off-site removal only; fair conditions; usage varies; contact Army for more information on a specific property. 06601 Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530023 Status: Unutilized Comments: 4,320 sq. ft.; hrse stable; 56+ yrs. old; poor conditions; need repairs; daily registration required to access property; contact Army for more information. 05740 Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530024 Status: Underutilized Comments: 2,587 sq. ft.; office; 56+ yrs. old; fair conditions; need repairs; daily registration required to access property; contact Army for more information. 5 Buildings Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530025 Status: Underutilized Directions: 06603 (3,000 sq. ft.; office); 06604 (2,000 sq. ft. storage igloo); 06605 (2,006 sq. ft.; storage igloo); 06606 (2,000 sq. ft.; storage igloo); 06607 (2,000 sq. ft.; storage igloo) Comments: fair conditions; needs repair; contamination; daily registration required to access property; contact Army for more details on a specific property. 4 Buildings Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530026 Status: Underutilized Directions: 06608 (2,000 sq. ft.; storage igloo); 06609 (2,000 sq. ft.; storage igloo); 06610 (2,000 sq. ft.; storage igloo); 06611 (2,000 sq. ft.; storage igloo) Comments: fair conditions; needs repair; contamination; daily registration required to access property; contact Army for more details on a specific property. 6924 Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530027 Status: Unutilized Comments: 2,581 sq. ft.; office; 53+ yrs. old; poor conditions; needs repair; daily registration required to access property; contamination; contact Army for more information. 5 Buildings Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530028 Status: Unutilized Directions: 06926 (2,581 sq. ft.; office); 06927 (38,118 sq. ft.; barracks); 06928 (7,003 sq. ft.; 38,279; barracks); 06929 (40,839 sq. ft.; barracks); 06997 (7,003 sq. ft.; office) Comments: fair conditions; needs repair; contamination; daily registration required to access property; contact Army for more details on a specific property. 6 Buildings Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530031 Status: Unutilized Directions: 07700 (4,086 sq. ft.; storage igloo); 07702 (3,648 sq. ft.; storage igloo); 07704 (3,358 sq. ft.; storage igloo); 07706 (4,180 sq. ft.; storage igloo); 07710 (3,099 sq. ft.; storage igloo); 07712 (2,798 sq. ft.; storage igloo) Comments: fair conditions; needs repair; contamination; daily registration required to access property; contact Army for more details on a specific property. 3 Buildings Ft. Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530032 Status: Unutilized Directions: 07714 (3,657 sq. ft.; storage igloo); 07716 (3,543 sq. ft.; storage igloo); 07718 (3,657 sq. ft.; storage igloo) Comments: fair conditions; needs repairs; contamination; daily registration required to access property; contact Army for more details on a specific property. 5 Buildings Fort Campbell Fort Campbell TN 42223 Landholding Agency: Army

    Property Number: 21201530067

    Status: Unutilized Directions: Building 00088 RPUID:598754 (8,240 sq.ft.); 00091-RPUID:598267 (9,621 sq.ft.); 00092 RPUID:574974 (3,074 sq.ft.); 00093 RPUID:618186 (17,717 sq.ft.); 02570 RPUID:611264 (1,364 sq.ft.) Comments: 16-72+ yrs. old; post office; veh maint.; movie theatre; credit union; pool svc.bldg.; fair-good condition; daily registration required to access; contact Army for more information. 5 Buildings Fort Campbell Fort Campbell TN 42223 Landholding Agency: Army Property Number: 21201530068 Status: Unutilized Directions: Building 02699 RPUID:608400 (3,319 sq.ft.); 02762 RPUID:590529 (1,200 sq.ft.); 05661 RPUID:581083 (22,314 sq.ft.); 05663 RPUID:617178 (12,432 sq.ft.); 05702 RPUID:603138 (14,000 sq.ft.) Comments: 26-53+ yrs. old; offices, storages, museum; fair condition; daily registration required to access; contact Army for more information. 5 Buildings Fort Campbell Fort Campbell TN 42223 Landholding Agency: Army Property Number: 21201530069 Status: Unutilized Directions: Building 05710 RPUID:568441(2,200 sq.ft.); 05733 RPUID:591957 (7,699 sq.ft.); 00094 RPUID:598755 (3,142 sq.ft.); 00095 RPUID:602816 (21,883 sq.ft.); 00097 RPUID:613544 (3,250 sq.ft.) Comments: 30-61+ yrs. old; storages; PX; cafe; office; fair condition; daily registration required to access; contact for Army for more information. 9 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530078 Status: Unutilized Directions: 06803(594075; 100 sq. ft.); 06901(619691; 9,111 sq. ft.); 6905(578828; 2,581 sq. ft.); 6906(584680; 2,581 sq. ft.); 06909(577569; 12,273 sq. ft.); 6993(597459; 3,687 sq. ft.); 07504 (594079; 5,926 sq. ft.); 07510 (592284; 14,280 sq. ft.); 07520(612221; 5,904 sq. ft.) Comments: off-site removal only; no future agency need; fair conditions; removal difficult due to type/size; daily registration required to access property; contact Army for more details on a specific property. 7 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530079 Status: Unutilized Directions: 00096(616049; 6,059 sq. ft.); 02575 (607916; 8,523 sq. ft.); 05207(602457;16,755 sq. ft.); 05210(573507; 87,708 sq. ft.); 06694(611473; 28 sq. ft.); 06729 (571050; 3,610 sq. ft.); 06801 (586713; 37,217 sq. ft.) Comments: off-site removal only; no future agency need; fair conditions; removal difficult due to type/size; daily registration required to access property; contact Army for more details on a specific property. 5 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530081 Status: Unutilized Directions: 07541 (590369; 8,764 sq. ft.); 07563(582834; 903 sq. ft.); 07573 (592285; 4,060 sq. ft.); 07580 (618092; 12,550 sq. ft.); 07604 (595159; 4,000 sq. ft.) Comments: off-site removal only; no future agency need; removal difficult due to type/size; fair conditions; daily registration required to access property; contact Army for more details on a specific property. 7 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530082 Status: Unutilized Directions: 07607 (590370; 2,400 sq. ft.); 07609(571747; 1,559 sq. ft.); 07620 (592287; 4,660 sq. ft.); 07621 (599509; 4,552 sq. ft.); 07626 (579801; 800 sq. ft.); 07630 (594077; 288 sq. ft.); 07705 (603934; 36 sq. ft.) Comments: off-site removal only; no future agency need; fair/poor conditions; removal diff. due to type/size; daily registration required to access property; contact Army for more details on a specific property. 12 Buildings Fort Campbell Ft. Campbell TN 42223 Landholding Agency: Army Property Number: 21201530088 Status: Unutilized Directions: 07720 (4,383 sq. ft.); 07722 (3,874 sq. ft.); 07726 (3,465 sq. ft.); 07724 (1,035 sq. ft.); 07728 (4,912 sq. ft.); 07732 (4,549 sq. ft.); 07734 (1,926 sq. ft.); 07736 (3,590 sq. ft.); 07738 (3,590 sq. ft.); 07748 (3,174 sq. ft.); 07752 (2,970 sq. ft.); 07742 (2,796 sq. ft.) Comments: storage igloos; fair conditions; need repairs; daily registration required to access property; asbestos/lead; contact Army for more details on a specific property. Texas Bldg. 92043 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21200020206 Status: Unutilized GSA Number: Comments: 450 sq. ft., most recent use—storage, off-site use only. Bldg. 92044 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21200020207 Status: Unutilized GSA Number: Comments: 1920 sq. ft., most recent use—admin., off-site use only. Bldg. 92045 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21200020208 Status: Unutilized GSA Number: Comments: 2108 sq. ft., most recent use—maint., off-site use only. Bldgs. P6220, P6222 Fort Sam Houston Camp Bullis San Antonio TX Landholding Agency: Army Property Number: 21200330197 Status: Unutilized GSA Number: Comments: 384 sq. ft., most recent use—carport/storage, off-site use only. Bldgs. P6224, P6226 Fort Sam Houston Camp Bullis San Antonio TX Landholding Agency: Army Property Number: 21200330198 Status: Unutilized GSA Number: Comments: 384 sq. ft., most recent use—carport/storage, off-site use only. Bldg. 92039 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21200640101 Status: Excess Comments: 80 sq. ft., most recent use—storage, off-site use only. Bldgs. 04281, 04283 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720085 Status: Excess Comments: 4000/8020 sq. ft., most recent use—storage shed, off-site use only. Bldg. 04285 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720087 Status: Excess Comments: 8000 sq. ft., most recent use—storage shed, off-site use only. Bldg. 04286 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720088 Status: Excess Comments: 36,000 sq. ft., presence of asbestos, most recent use—storage shed, off-site use only. Bldg. 04291 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720089 Status: Excess Comments: 6400 sq. ft., presence of asbestos, most recent use—storage shed, off-site use only. Bldg. 4410 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720090 Status: Excess Comments: 12,956 sq. ft., presence of asbestos, most recent use—simulation center, off-site use only. Bldgs. 10031, 10032, 10033 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720091 Status: Excess Comments: 2578/3383 sq. ft., presence of asbestos, most recent use—admin., off-site use only. Bldg. 56435 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720093 Status: Excess Comments: 3441 sq. ft., presence of asbestos, most recent use—barracks, off-site use only. Bldg. 05708 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720094 Status: Excess Comments: 1344 sq. ft., most recent use—community center, off-site use only. Bldg. 93013 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200720099 Status: Excess Comments: 800 sq. ft., most recent use—club, off-site use only. 4 Bldgs. Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810048 Status: Unutilized Directions: 00229, 00230, 00231, 00232 Comments: various sq. ft., presence of asbestos, most recent use—training aids center, off-site use only. Bldg. 00324 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810049 Status: Unutilized Comments: 13,319 sq. ft., most recent use—roller skating rink, off-site use only. Bldgs. 00710, 00739, 00741 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810050 Status: Unutilized Comments: various sq. ft., presence of asbestos, most recent use—repair shop, off-site use only. Bldg. 00713 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810052 Status: Unutilized Comments: 3200 sq. ft., presence of asbestos, most recent use—hdqts. bldg., off-site use only. Bldgs. 1938, 04229 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810053 Status: Unutilized Comments: 2736/9000 sq. ft., presence of asbestos, most recent use—admin., off-site use only. Bldgs. 02218, 02220 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810054 Status: Unutilized Comments: 7289/1456 sq. ft., presence of asbestos, most recent use—museum, off-site use only. Bldg. 0350 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810055 Status: Unutilized Comments: 28,290 sq. ft., presence of asbestos, most recent use—veh. maint. shop, off-site use only. Bldg. 04449 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810056 Status: Unutilized Comments: 3822 sq. ft., most recent use—police station, off-site use only. Bldg. 91077 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200810057 Status: Unutilized Comments: 3200 sq. ft., presence of asbestos, most recent use—educational facility, off-site use only. Bldg. 57005 Fort Hood Bell TX 76544 Landholding Agency: Army Property Number: 21200840073 Status: Excess Comments: 500 sq. ft., presence of asbestos, most recent use—water supply/treatment, off-site use only. B-42 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210007 Status: Excess Comments: off-site removal only; 893 sq. ft.; current use: storage; asbestos identified. B-2319 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210010 Status: Unutilized Comments: off-site removal only; 1,339 sq. ft.; current use: exchange cafe; asbestos identified. B-4237 Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210011 Status: Unutilized Comments: off-site removal only; 7,840 sq. ft.; current use: storage; asbestos identified. 2 Bldgs. Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210012 Status: Unutilized Directions: 4238, 4239 Comments: off-site removal only; sq. ft. varies; current use: varies; asbestos identified. 6 Bldgs. Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210013 Status: Unutilized Directions: 4240, 4241, 4253, 4254, 4271, 4444 Comments: off-site removal only; sq. ft. varies; current use: varies; asbestos identified. 2 Bldgs. Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210014 Status: Unutilized Directions: 5652, 56272 Comments: off-site removal only; sq. ft. varies; current use: varies. 4 Bldgs. Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201210015 Status: Unutilized Directions: 4428, 4437, 4452, 56423 Comments: off-site removal; sq. ft. varies; cuurent use: varies; asbestos identified. B-1301 Ft. Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201220001 Status: Underutilized Comments: off-site removal only; 18,739 sf.; current use: thift shop; poor conditions; need repairs. Bldg. 7194 Ft. Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201220002 Status: Unutilized Comments: off-site removal only; 2,125 sf.; current use: housing; poor conditions—need repairs; asbestos & lead identified; need remediation. 2 Buildings West Ft. Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201230012 Status: Excess Directions: 90047 & 92080 Comments: off-site removal only; 1,680 sf. (90047); 1,059 sf. (92080); restricted military installation; contact Army re: accessibilty. 6 Buildings Ft. Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201230057 Status: Excess Directions: 9541, 4478, 9511, 41003, 41002, 70005 Comments: off-site removal only; need repairs; asbestos identified in some bldgs.; restricted area; prior permission to acces & relocate; contact Army for details on specific bldgs. Building 6951 11331 Montana Ave. Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201240010 Status: Excess Comments: off-site removal only; 288 sf.; utlity bldg.; poor conditions; limited public access; contact Army for info. on accessibility/removal. Building 6942 11331 Montana Ave. Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201240011 Status: Excess Comments: off-site removal only; 1,059 sf.; storage; poor conditions; limited public access; contact Army for info. on accessibility/removal. Bldg. 2432 Carrington Rd. Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201240013 Status: Excess Comments: off-site removal only; 180 sf.; dispatch bldg.; poor conditions; limited public access; asbestos/lead identified; contact Army for info. on accessibility/removal. Building 50 50 Slater Rd. Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201240014 Status: Excess Comments: off-site removal only; 9,900 sf.; office; poor conditions; limited public access; asbestos/lead identified; contact Army for info. on accessibility/removal. 2 Building Ft. Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201240044 Status: Excess Directions: 706, 4286 Comments: off-site removal only, sf. varies, fair conditions, asbestos, restricted area, contact Army for accessiblity/removal & specific details on a property. 6 Buildings Ft. Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201310044 Status: Excess Directions: 4209, 4490, 4479, 4402, 4214, 4401 Comments: off-site removal only; sf. varies; right of entry restricted; contact Army for info. on a specific property & accessibility/removal requirements. 7 Buildings Fort Hood Fort Hood TX 96544 Landholding Agency: Army Property Number: 21201330004 Status: Excess Directions: 40066, 40067, 40068, 40069, 40070, 40071, 92070 Comments: off-site removal only; sf. varies; contamination; secured area; contact Army for info on a specific property & accessibility/removal requirements. 2 Building Fort Bliss Fort Bliss TX 79916 Landholding Agency: Army Property Number: 21201330029 Status: Unutilized Directions: 05015 (22,915 sf.); 05019 (23,495 sf.) Comments: off-site removal only; no future agency need; poor conditions; 6+months vacant; contact Army for info. on accessibility; removal reqs. Building 40072 Metorpool Rd. Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201330057 Status: Excess Comments: off-site removal; 1,943 sf., health clinic; asbestos; 12+ months vacant; fair/moderate conditions; restricted area; contact Army for accessibility/removal reqs. 5 Buildings Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201340032 Status: Excess Directions: 4416 (4,243 sq. ft.); 4417 (2,400 sq. ft.); 4433 (2,306 sq. ft.); 4442 (3,307 sq. ft.); 4458 (1,519 sq. ft.) Comments: off-site removal only; 8+ months vacant; restricted access; contact Army for more information on a specific property and accessibility requires. 2 Buildings Fort Hood Ft. Hood TX 76544 Landholding Agency: Army Property Number: 21201410034 Status: Excess Directions: 90084 (13,125 sq. ft.); 90000 (217 sq. ft.) Comments: off-site removal only; removal difficult due to structure type; contamination; secured area; contact Army for more info. 92065 92065 Supply Rd. Fort Hoop TX 76544 Landholding Agency: Army Property Number: 21201420021 Status: Excess Comments: off-site removal only; 3,994 sq. ft.; admin general purpose; 1+ month vacant; contact Army for more information. 4285 Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201430019 Status: Unutilized Directions: 4285 Comments: off-site removal only; no future agency need; semi-perm. Structure type; 10,552 sq. ft.; removal may be difficult due to size; poor condition; secured area; contact Army for more information. 2 Buildings Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201430020 Status: Excess Directions: 4461 (6,515 sq. ft.); 4611 (3,311 sq. ft.) Comments: off-site removal only; removal may be difficult due to size/type; fair to poor condition; asbestos present in building 4611; secured area; contact Army for more information. 4408 Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201430021 Status: Excess Directions: 4408 Comments: off-site removal only; semi-perm. Structure type; 9,812 sq. ft.; removal difficult due to size; fair condition; secured area; contact Army for more information. 6 Buildings Red River Army Depot Texarkana TX 75507-5000 Landholding Agency: Army Property Number: 21201430022 Status: Excess Directions: 02159; 02193; 02343; 02371; 02435; 02481 Comments: off-site removal only; relocation may be difficult due to structure type; deteriorating; secured area; contact Army for more information on a specific property. 9 Buildings Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201430030 Status: Unutilized Directions: 4640 (1,606sq.ft.); 4641 (2,021sq.ft.); 4644 (4,080sq.ft.); 4656 (4,045sq.ft.); 4657 (4,040sq.ft.); 36019 (3,192sq.ft.); 36027 (2,425sq.ft.); 36028 (2,400sq.ft.); 36043 (5,000sq.ft.) Comments: off-site removal only; no future agency need; due to site relocation may be difficult; poor condition; secured area; contact Army for more information. 715 Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201430047 Status: Excess Comments: off-site removal only; 2,810 sq. ft.; semi-permanent structure type; 11+ months vacant; fair condition; contamination; secured area; contact Army for more information. 07133 Fort Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201440011 Status: Unutilized Comments: off-site removal only; no future agency need; relocation difficult due to size/type; 12,178 sq. ft.; storage; 120+ months vacant; poor conditions; contact Army for more information. 5 Buildings Fort Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201440012 Status: Unutilized Directions: 07134; 07142; 07153; 07162; 07178 Comments: off-site removal only; no future agency need; relocation difficult due to size/type; sq. ft. varies; 120+ months vacant; poor conditions; contact Army for more information. 05095 Fort Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201440022 Status: Unutilized Comments: off-site removal only; no future agency need; 12+ months vacant; good conditions; secured area; contact Army for more information. 07113 Fort Bliss Ft. Bliss TX 79916 Landholding Agency: Army Property Number: 21201440023 Status: Unutilized Comments: off-site removal only; 8,855 sq. ft.; no future agency need; relocation difficult due to size/type; 120+ months vacant; child-care center; poor conditions; contact Army for more information. 2 Buildings Yoakum USARC Yoakum TX 77995 Landholding Agency: Army Property Number: 21201440035 Status: Underutilized Directions: P1005; P1006 Comments: off-site removal only; no future agency need; 30 sq. ft.; storage for flammable materials; 53+ yrs.-old; remediation needed; contact Army for more information. 01113 Red River Army Depot Texarkana TX 75507 Landholding Agency: Army Property Number: 21201440043 Status: Excess Comments: off-site removal only; 257 sq. ft.; access control facility; 50+ yrs.-old; contact Army for more information. 00930 Red River Army Depot Texarkana TX 75507 Landholding Agency: Army Property Number: 21201440046 Status: Excess Comments: off-site removal only; 200 sq. ft.; ammunition storage; 31+ yrs.-old; extensive deterioration; secured area; contact Army for more information. 4 Buildings Fort Hood Fort Hood TX 76544 Landholding Agency: Army Property Number: 21201520026 Status: Unutilized Directions: Buildings 12000 (284 sq.ft.); 4496 (284 sq.ft.); 27000 (284 sq.ft.); 86000 (284 sq.ft.) Comments: off-site removal; 32+yrs. old; equipment bldgs.; 1+ mos. vacant; no future agency need; contact Army for more information. 10 Buildings USAG Fort Bliss USAG Fort Bliss TX 79916 Landholding Agency: Army Property Number: 21201520043 Status: Unutilized Directions: Building 05096 (768 sq.ft.); 08396 (198 sq.ft.); 08395 (198 sq.ft.); 08380 (900 sq.ft.); 08365 (132 sq.ft.); 08364 (432 sq.ft.); 08309 (120 sq.ft.); 08348 (108 sq.ft.); 08268 (432 sq.ft.); 08349 (100 sq.ft.) Comments: off-site removal; 28-70 yrs. old for bldgs. respectively above; admin; toliet; storg; range bldg; off. qtrs.; vacant 12-60 mos.; poor cond; no future agency need; contact Army for more info. Building 01129 Red River Army Depot 100 James Carlow Drive Taxarkana TX 75507 Landholding Agency: Army Property Number: 21201520046 Status: Excess Comments: off-site removal; 37+ yrs. old; 200 sq. ft.; storage; poor conditions; asbestos; contact Army for more information. Utah Building 00118 1 Tooele Army Depot Tooele UT 84074 Landholding Agency: Army Property Number: 21201310002 Status: Underutilized Directions: previously reported under HUD property number 21200740163 Comments: off-site removal only; 6,136 sf.; 4 mons. vacant; barracks; major repairrs needed; w/in secured area; contact Army for info. on accessibility/removal reqs. Building 00155 1 Tooele Army Depot Tooele UT 84074 Landholding Agency: Army Property Number: 21201310003 Status: Underutilized Directions: previously reported under HUD propertty number 21200740165 Comments: off-site removal only; 8,960 sf.; bowling ctr.; major repairs neeeded; w/in secured area; contact Army for info. on accessibility/removal reqs. Building 00030 Tooele Army Depot Tooele UT 84074 Landholding Agency: Army Property Number: 21201310067 Status: Underutilized Comments: off-site removal only; playground; disassembly required; minor restoration needed; restricted area; contact Army for accessibility/removal reqs. Building 01322 1 Tooele Army Depot Tooele UT 84074 Landholding Agency: Army Property Number: 21201330047 Status: Unutilized Comments: off-site removal only; no future agency need; 53 sf.; 26+ months vacant; access control facility; poor conditions; secured area; contact Army for more info. on accessibility removal reqs. Virginia Fort Story null Ft. Story VA 23459 Landholding Agency: Army Property Number: 21200720065 Status: Unutilized Comments: 525 sq. ft., most recent use—power plant, off-site use only. 8 Bldgs. Ft. Belvoir Ft. Belvoir VA 22060 Landholding Agency: Army Property Number: 21201220004 Status: Excess Directions: 808, 1150, 1197, 2303, 2903, 2905, 2907, 3137 Comments: off-site removal only; sf. varies; usage varies; good to poor conditions; may require repairs; contact Army for more details on specific properties. 9 Buildings Ft. Belvoir Ft. Belvoir VA 22060 Landholding Agency: Army Property Number: 21201240003 Status: Unutilized Directions: 358, 361, 1140, 1141, 1142, 1143, 1498, 1499, 2302 Comments: off-site removal only; sf. varies; Admin.; fair conditions; located in restricted area; contact Army for info. on accessibility/removal & specific info. on a property. Building 3327 1410 Bryd St. Ft. Lee VA 23801 Landholding Agency: Army Property Number: 21201320008 Status: Excess Comments: off-site removal only; 10,800 sf.; repairs needed; contamination; secured area; contact Army for more info. Building 3324 Bryd St. btw. 13th & 16th Sts. Ft. Lee VA 23801 Landholding Agency: Army Property Number: 21201320010 Status: Excess Comments: off-site removal only; 5,092 sf.; repairs needed; secured area; contact Army for more info. Building 3108 Corner of Adam & 13th St. Ft. Lee VA 23801 Landholding Agency: Army Property Number: 21201320012 Status: Excess Comments: off-site removal only; 51,718 sf.; repairs needed; secured area; contamination; contact Army for more info. Building 3701 16th & Bryd St. Ft. Lee VA 23801 Landholding Agency: Army Property Number: 21201320013 Status: Excess Comments: off-site removal only; 40,920 sf.; repairs needed; secured area; contact Army for more info. 510 Defense Supply Center Richmond VA 23237 Landholding Agency: Army Property Number: 21201430007 Status: Excess Directions: 510 Comments: off-site removal only; removal may be difficult due to structure type; Barbeque Pit; 20 sq. ft.; 22+ years old; secured area; contact Army for more information. Building 22696 Fort Drum Ft. Drum VA 13602 Landholding Agency: Army Property Number: 21201510015 Status: Unutilized Comments: off-site removal only; no future agency need; removal may be difficult; 400 sq. ft.; range operations bldg.; deteriorated; contact Army for more information. Washington Bldg. 8956 Fort Lewis Ft. Lewis WA 98433 Landholding Agency: Army Property Number: 21199920308 Status: Excess GSA Number: Comments: 100 sq. ft., needs repair, presence of asbestos/lead paint, most recent use—storage, off-site use only. E1302 & R7610 JBLM JBLM WA 98433 Landholding Agency: Army Property Number: 21201230028 Status: Unutilized Comments: 80 sf. (E1302); 503 sf. (R7610); use: varies; major repairs needed; secured area; contact Army re: accessibility requirements. Bldg. 06239 Joint Base Lewis McChord JBLM WA 90433 Landholding Agency: Army Property Number: 21201430053 Status: Unutilized Comments: off-site removal only; no future agency need; deconstruct to relocate; difficult to relocate due to size/type; poor conditions; contact Army for more info. 23 Buildings Joint Base Lewis McChord JBLM WA 98433 Landholding Agency: Army Property Number: 21201430054 Status: Underutilized Directions: 03223; 03225; 03627; 03628; 03629; 03632; 03638; 03640; 03641; 03643; 03644; 03645; 06991; 09663; 09998; 11680; A0303; C1342; F0017; F0018; J0831; J0833; W3641 Comments: off-site removal only; no future agency need; deconstruct to relocate; difficult to relocate due to type/size; poor conditions; secured area; contact for more info. Building 02080 Joint Base Lewis McChord JBLM WA 98433 Landholding Agency: Army Property Number: 21201440048 Status: Underutilized Comments: off-site removal only; no future agency need; relocation may be difficult due to type/size; 2, 031 sq. ft.; storage; 1+ month vacant; major repairs needed; contact Army for more information. 2 Buildings Joint Base Lewis McChord JBLM WA 98433 Landholding Agency: Army Property Number: 21201440057 Status: Underutilized Directions: 01036; 01037 Comments: off-site removal only; no future agency need; relocation extremely difficult due to size; 8, 142 sq. ft. for each; major repairs needed; contact Army for more information. 5 Buildings Joint Base Lewis McChord JBLM WA 98433 Landholding Agency: Army Property Number: 21201510042 Status: Underutilized Directions: D0110 (148 sq. ft.); 03933 (192 sq. ft.); O04ED (48 sq. ft.); 14109 (225 sq. ft.); 09643 (720 sq. ft.) Comments: off-site removal only; no future agency need; significant repairs needed; contact Army for more information on a specific property. Building 03932 Joint Base Lewis McChord JBLM WA 98433 Landholding Agency: Army Property Number: 21201520001 Status: Underutilized Comments: off-site removal only; no future agency need; 120 sq. ft.; storage; 49+ yrs.; significant repairs for restoration; contamination; contact Army for accessibility and removal requirements. Wisconsin 7 Buildings Fort McCoy Ft. McCoy WI 54656 Landholding Agency: Army Property Number: 21201440053 Status: Unutilized Directions: 00822; 01146; 01350; 02559; 02866; 09020; 09030 Comments: off-site removal only; no future agency need; relocation may be difficult due to size/type; contamination; poor conditions; sq.ft. varies; secured area; contact Army for more info. Suitable/Unavailable Properties Building Arizona Bldg. 22541 Fort Huachuca Cochise AZ 85613-7010 Landholding Agency: Army Property Number: 21200520078 Status: Excess Comments: 1300 sq. ft., most recent use—storage, off-site use only. Bldg. 22040 Fort Huachuca Cochise AZ 85613 Landholding Agency: Army Property Number: 21200540076 Status: Excess Comments: 1131 sq. ft., presence of asbestos/lead paint, most recent use—storage, off-site use only California 00806 Fort Hunter Liggett Fort Hunter Liggett CA 93928 Landholding Agency: Army Property Number: 21201410017 Status: Unutilized Comments: off-site removal only; no future agency need; 1,600 sq. ft.; 60+ months vacant; poor conditions; exposed to elements/wildlife; secured area; contact Army for more info. Georgia 1096 Fort Stewar