Federal Register Vol. 80, No.183,

Federal Register Volume 80, Issue 183 (September 22, 2015)

Page Range57069-57281
FR Document

80_FR_183
Current View
Page and SubjectPDF
80 FR 57281 - Continuation of the National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support TerrorismPDF
80 FR 57277 - National POW/MIA Recognition Day, 2015PDF
80 FR 57204 - Government in the Sunshine Act Meeting Notice; Change of Time to Government in the Sunshine MeetingPDF
80 FR 57203 - Meeting of the Northwest Oregon Resource Advisory CouncilPDF
80 FR 57200 - Infrastructure Assessments and TrainingPDF
80 FR 57222 - Nationally Recognized Testing Laboratories; Proposed Revised Fee Schedule and Proposed Adoption of New Application Acceptance and Review ProceduresPDF
80 FR 57217 - Advisory Committee on Increasing Competitive Integrated Employment for Individuals With Disabilities; Notice of MeetingPDF
80 FR 57234 - Agency Information Collection Activities; Comment Request; Information Collections Work Study Program of the Child Labor RegulationsPDF
80 FR 57216 - Meeting of the National Coordination Committee on the AI/AN SANE-SART InitiativePDF
80 FR 57231 - The Lead in Construction Standard; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) RequirementsPDF
80 FR 57178 - Proposed Consent Decree, Clean Air Act Citizen SuitPDF
80 FR 57121 - Notice of Intent To Designate as Abandoned Normal Category Type Certificate: Silvercraft S.co.p.a., Type Certificate No. H2EUPDF
80 FR 57267 - Sixteenth Meeting: Special Committee (227) Standards of Navigation Performance (Navigation Information on Electronic Maps)PDF
80 FR 57149 - Chloropicrin From the People's Republic of China: Continuation of Antidumping Duty OrderPDF
80 FR 57069 - Default Investment Fund ErrorsPDF
80 FR 57161 - Elizabeth River and Southern Branch Navigation Improvements NEPA Scoping Meeting and Public Comment PeriodPDF
80 FR 57235 - Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
80 FR 57150 - Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in PartPDF
80 FR 57155 - Army Science Board Partially Closed Meeting NoticePDF
80 FR 57160 - Norfolk Harbor and Channels Deepening NEPA Scoping Meeting and Public Comment PeriodPDF
80 FR 57162 - Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, To Vacate Prior Authorization and Errata During July 2015PDF
80 FR 57080 - Medical, Physical Readiness, Training, and Access Authorization Standards for Protective Force PersonnelPDF
80 FR 57198 - Notice of Issuance of Final Determination Concerning Solar ModulesPDF
80 FR 57153 - President's Advisory Council on Doing Business In Africa: Meeting of the President's Advisory Council on Doing Business in AfricaPDF
80 FR 57152 - United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism Advisory BoardPDF
80 FR 57181 - Notice of Issuance of Exposure Draft on Implementation Guidance for Internal Use SoftwarePDF
80 FR 57148 - Census Advisory Committee MeetingPDF
80 FR 57266 - KENTUCKY Disaster Number KY-00058PDF
80 FR 57265 - Colorado Disaster #CO-00073PDF
80 FR 57193 - Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
80 FR 57232 - Curtis-Straus LLC: Application for Expansion of RecognitionPDF
80 FR 57166 - Pesticides; Revised Fee Schedule for Registration ApplicationsPDF
80 FR 57179 - Product Cancellation Order and/or Amendments To Terminate Uses for Certain Pesticide RegistrationsPDF
80 FR 57153 - Circular Welded Carbon Steel Pipes and Tubes From Thailand: Rescission of Antidumping Duty Administrative Review; 2015PDF
80 FR 57272 - Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution RulePDF
80 FR 57271 - Approval and Promulgation of Implementation Plans for the State of Alabama: Cross-State Air Pollution RulePDF
80 FR 57100 - Designation for Planning Purposes; California; PM10; Technical AmendmentPDF
80 FR 57205 - United States v. General Electric Company, et al.; Proposed Final Judgment and Competitive Impact StatementPDF
80 FR 57098 - Safety Zone; Dredging, Rouge River, Detroit, MIPDF
80 FR 57266 - Notice of Public Meeting of the President's Emergency Plan for AIDS Relief (PEPFAR) Scientific Advisory BoardPDF
80 FR 57266 - Culturally Significant Object Imported for Exhibition Determinations: “Sublime Beauty: Raphael's `Portrait of a Lady With a Unicorn' ” ExhibitionPDF
80 FR 57149 - Certain Crepe Paper Products From the People's Republic of China: Continuation of Antidumping Duty OrderPDF
80 FR 57201 - Agency Information Collection Activities: H-2 Petitioner's Employment Related or Fee Related Notification, No Form; Extension, Without Change, of a Currently Approved CollectionPDF
80 FR 57181 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 57196 - National Institute on Aging; Notice of Closed MeetingsPDF
80 FR 57239 - Advisory Committee on the Medical Uses of Isotopes; Meeting NoticePDF
80 FR 57239 - Entergy Operations, Inc.; Grand Gulf, Unit 3PDF
80 FR 57154 - Notice of Availability of Translated Consumer Information BookletPDF
80 FR 57185 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
80 FR 57190 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
80 FR 57194 - Agency Information Collection Activities; Proposed Collection; Submission for Office of Management and Budget Review; Request for Samples and ProtocolsPDF
80 FR 57136 - The Food and Drug Administration Food Safety Modernization Act: Final Rules To Establish Requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human and Animal Food; Public MeetingPDF
80 FR 57090 - Medical Devices; Ophthalmic Devices; Classification of the Oral Electronic Vision AidPDF
80 FR 57105 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management AreaPDF
80 FR 57197 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
80 FR 57235 - Notice of Availability of Calendar Year 2016 Competitive Grant FundsPDF
80 FR 57129 - Proposal To Amend the Definition of “Material Terms” for Purposes of Swap Portfolio ReconciliationPDF
80 FR 57263 - Public Company Accounting Oversight Board; Order Granting Approval of Proposed Rules To Implement the Reorganization of PCAOB Auditing Standards and Related Changes to PCAOB Rules and Attestation, Quality Control, and Ethics and Independence StandardsPDF
80 FR 57236 - Advisory Committee for Engineering; Notice of MeetingPDF
80 FR 57103 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota TransferPDF
80 FR 57104 - Atlantic Surfclam and Ocean Quahog Fisheries; 2016 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size LimitPDF
80 FR 57267 - Sixth Meeting: Special Committee (229) 406 MHz Emergency Locator Transmitters (ELTs)PDF
80 FR 57268 - Twenty-Fourth Meeting: Special Committee (214) Standards for Air Traffic Data Communication Services (Joint With EUROCAE WG-78)PDF
80 FR 57201 - New Agency Information Collection Activity Under OMB Review: Office of Law Enforcement/Federal Air Marshal Service LEO Reimbursement Request-InvoicePDF
80 FR 57148 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
80 FR 57183 - Statement of Organization, Functions, and Delegations of AuthorityPDF
80 FR 57189 - Statement of Organization, Functions, and Delegations of AuthorityPDF
80 FR 57236 - Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541)PDF
80 FR 57237 - Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95-541)PDF
80 FR 57219 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment AssistancePDF
80 FR 57218 - Investigations Regarding Eligibility To Apply for Worker Adjustment AssistancePDF
80 FR 57238 - Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978PDF
80 FR 57237 - Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978PDF
80 FR 57238 - Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978PDF
80 FR 57268 - Submission for OMB Review; Comment RequestPDF
80 FR 57101 - Federal Management Regulation (FMR); Transportation Management; Transportation ReportingPDF
80 FR 57103 - Federal Management Regulation (FMR); Mail Management; Requirements for AgenciesPDF
80 FR 57187 - Announcement of Requirements and Registration for Healthcare Associated Venous Thromboembolism Prevention ChallengePDF
80 FR 57155 - US Air Force Partially Patent LicensePDF
80 FR 57155 - Notice of Intent To Prepare an Environmental Impact Statement on the Proposal To Improve F-22 Operational Efficiency at Joint Base Elmendorf-Richardson, AlaskaPDF
80 FR 57165 - Combined Notice of FilingsPDF
80 FR 57164 - Combined Notice of Filings #2PDF
80 FR 57164 - Combined Notice of Filings #1PDF
80 FR 57268 - Quarterly Rail Cost Adjustment FactorPDF
80 FR 57166 - Combined Notice of Filings #2PDF
80 FR 57147 - Notice of Public Meeting of the Indiana Advisory Committee To Review and Vote for Approval of a Project Proposal To Study Civil Rights and the School to Prison Pipeline in IndianaPDF
80 FR 57146 - Notice of Public Meeting of the Kansas Advisory Committee To Plan for a Public Hearing Regarding Civil Rights and Voting Requirements in the State; the Discussion Will Include Approving an Agenda of Speakers, and Logistical Setup for the EventPDF
80 FR 57191 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 57204 - Potassium Phosphate Salts From China; Scheduling of Expedited Five-Year ReviewsPDF
80 FR 57161 - Agency Information Collection Activities; Comment Request; Data Challenges and Appeals Solution (DCAS)PDF
80 FR 57240 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing of a Proposed Rule Change Consisting of Proposed Amendments to Rule G-20, on Gifts, Gratuities and Non-Cash Compensation, and Rule G-8, on Books and Records To Be Made by Brokers, Dealers, Municipal Securities Dealers, and Municipal Advisors, and the Deletion of Prior Interpretive GuidancePDF
80 FR 57262 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XV, Section 2 Entitled “NASDAQ Options Market-Fees and Rebates”PDF
80 FR 57251 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change, as Modified by Amendment No. 1, Relating to Listing and Trading of Shares of the Guggenheim Total Return Bond ETF Under NYSE Arca Equities Rule 8.600PDF
80 FR 57261 - Investors' Exchange, LLC; Notice of Filing of Application, as Amended, for Registration as a National Securities Exchange Under Section 6 of the Securities Exchange Act of 1934PDF
80 FR 57202 - Proposed Information Collection; Bald Eagle Post-Delisting MonitoringPDF
80 FR 57269 - Annual Determination of Staffing ShortagesPDF
80 FR 57191 - Submission for OMB Review; Comment RequestPDF
80 FR 57157 - 36(b)(1) Arms Sales NotificationPDF
80 FR 57092 - Updating Addresses and Contact Information in the Bureau of Ocean Energy Management's RegulationsPDF
80 FR 57106 - Enhanced Weapons, Firearms Background Checks, and Security Event NotificationsPDF
80 FR 57141 - Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQSPDF
80 FR 57195 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed MeetingPDF
80 FR 57197 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
80 FR 57196 - National Institute of Nursing Research; Notice of Closed MeetingsPDF
80 FR 57182 - Statement of Organization, Functions, and Delegations of AuthorityPDF
80 FR 57137 - Emergency Permit Control Regulations; Technical AmendmentsPDF
80 FR 57156 - Final Environmental Impact Statement for Short-Term Projects and Real Property Master Plan Update for Fort Belvoir, VAPDF
80 FR 57070 - Organization and Functions; Implementation of Statutory Gift Acceptance Authority; Freedom of Information ActPDF
80 FR 57086 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 57083 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 57145 - Notice of Request for Renewal of a Currently Approved Information CollectionPDF
80 FR 57145 - Notice of Request for Extension of a Currently Approved Information CollectionPDF
80 FR 57122 - Airworthiness Directives; Airbus AirplanesPDF

Issue

80 183 Tuesday, September 22, 2015 Contents Agriculture Agriculture Department See

Federal Crop Insurance Corporation

AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: Proposal To Improve F-22 Operational Efficiency at Joint Base Elmendorf-Richardson, AK, 57155 2015-23988 Partially Patent Licenses, 57155 2015-23989 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States v. General Electric Co., et al., 57205-57216 2015-24044 Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Short-Term Projects and Real Property Master Plan Update for Fort Belvoir, VA, 57156-57157 2015-23601 Meetings: Army Science Board, 57155-57156 2015-24089 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Translated Consumer Information Booklet; Availability, 57154-57155 2015-24031 Census Bureau Census Bureau NOTICES Meetings: Census Advisory Committees, 57148 2015-24070 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-24029 57185-57187, 57190-57191 2015-24030 Requirements and Registration for Healthcare Associated Venous Thromboembolism Prevention Challenge, 57187-57189 2015-23990 Statement of Organization, Functions, and Delegations of Authority, 57182-57185, 57189-57190 2015-23636 2015-24006 2015-24007 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-23967 57191-57193 2015-23978 Civil Rights Civil Rights Commission NOTICES Meetings: Indiana Advisory Committee, 57147 2015-23980 Kansas Advisory Committee, 57146-57147 2015-23979 Coast Guard Coast Guard RULES Safety Zones: Dredging, Rouge River, Detroit, MI, 57098-57100 2015-24041 Commerce Commerce Department See

Census Bureau

See

Economic Development Administration

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Definition of Material Terms for Purposes of Swap Portfolio Reconciliation, 57129-57136 2015-24021 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 57193-57194 2015-24066 Defense Department Defense Department See

Air Force Department

See

Army Department

See

Engineers Corps

NOTICES Arms Sales, 57157-57160 2015-23966
Disability Disability Employment Policy Office NOTICES Meetings: Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities, 57217 2015-24105 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 57148-57149 2015-24009 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Challenges and Appeals Solution, 57161-57162 2015-23976 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance; Determinations, 57219-57222 2015-24003 Worker Adjustment Assistance; Investigations, 57218-57219 2015-24002 Energy Department Energy Department See

Federal Energy Regulatory Commission

RULES Medical, Physical Readiness, Training, and Access Authorization Standards for Protective Force Personnel, 57080-57083 2015-24083 NOTICES Natural Gas Importation and Exportation Approvals: World Fuel Services, Inc., et al., 57162-57163 2015-24084
Engineers Engineers Corps NOTICES Meetings: Elizabeth River and Southern Branch Navigation Improvements NEPA, 57161 2015-24092 Norfolk Harbor and Channels Deepening, 57160-57161 2015-24085 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: State of Alabama: Cross-State Air Pollution Rule, 2015-24050 57272-57275 2015-24051 Designations for Planning Purposes: California, PM10; Technical Amendment, 57100-57101 2015-24049 PROPOSED RULES Air Plan Approvals: KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS, 57141-57144 2015-23657 NOTICES Pesticides: Revised Fee Schedule for Registration Applications, 57166-57178 2015-24064 Product Cancellation Order and/or Amendments to Terminate Uses for Certain Pesticide Registrations, 57179-57181 2015-24058 Proposed Consent Decrees, Clean Air Act Citizen Suit, 57178-57179 2015-24099 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Exposure Draft on Implementations: Issuance; Guidance for Internal Use Software, 57181 2015-24071 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 57086-57090 2015-23541 The Boeing Company Airplanes, 57083-57086 2015-23539 PROPOSED RULES Abandoned Normal Category Type Certificates: Silvercraft S.co.p.a., Type Certificate No. H2EU, 57121 2015-24098 Airworthiness Directives: Airbus Airplanes, 57122-57129 2015-21730 NOTICES Meetings: Special Committee 214 Standards for Air Traffic Data Communication Services (Joint with EUROCAE WG-78), 57268 2015-24011 Special Committee 227 Standards of Navigation Performance (Navigation Information on Electronic Maps), 57267 2015-24097 Special Committee 229 406 MHz Emergency Locator Transmitters, 57267-57268 2015-24012 Federal Crop Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-23438 57145-57146 2015-23440 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57164-57166 2015-23981 2015-23982 2015-23984 2015-23985 2015-23986 Federal Reserve Federal Reserve System NOTICES Change in Bank Controls: Acquisitions of Shares of a Bank or Bank Holding Company, 57181-57182 2015-24036 Federal Retirement Federal Retirement Thrift Investment Board RULES Default Investment Fund Errors, 57069-57070 2015-24093 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bald Eagle Post-delisting Monitoring, 57202-57203 2015-23969 Food and Drug Food and Drug Administration RULES Medical Devices: Ophthalmic Devices; Classification of the Oral Electronic Vision Aid, 57090-57092 2015-24026 PROPOSED RULES Emergency Permit Control Regulations; Technical Amendments, 57137-57141 2015-23614 Food and Drug Administration Food Safety Modernization Act: Establishing Requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human and Animal Food; Meeting, 57136-57137 2015-24027 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Samples and Protocols, 57194-57195 2015-24028 General Services General Services Administration RULES Federal Management Regulations: Mail Management; Requirements for Agencies, 57103 2015-23995 Transportation Management; Transportation Reporting, 57101-57103 2015-23996 Government Ethics Government Ethics Office RULES Organization and Functions; Implementation of Statutory Gift Acceptance Authority; Freedom of Information Act, 57070-57080 2015-23561 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Community Living Administration

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Citizenship and Immigration Services

See

U.S. Customs and Border Protection

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infrastructure Assessments and Training, 57200-57201 2015-24108
Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

Ocean Energy Management Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Chloropicrin From the People's Republic of China, 57149 2015-24095 Circular Welded Carbon Steel Pipes and Tubes From Thailand; Rescission, 57153 2015-24057 Crepe Paper Products From the People's Republic of China, 57149-57150 2015-24038 Wooden Bedroom Furniture From the People's Republic of China, 57150-57152 2015-24090 Meetings: President's Advisory Council on Doing Business in Africa, 57153-57154 2015-24079 United States Travel and Tourism Advisory Board, 57152-57153 2015-24072 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Potassium Phosphate Salts From China; Expedited Five-Year Reviews, 57204 2015-23977 Meetings; Sunshine Act, 57204 2015-24170 Justice Department Justice Department See

Antitrust Division

See

Justice Programs Office

Justice Programs Justice Programs Office NOTICES Meetings: National Coordination Committee on the American Indian/Alaska Native Sexual Assault Nurse Examiner—Sexual Assault Response Team Initiative, 57216-57217 2015-24102 Labor Department Labor Department See

Disability Employment Policy Office

See

Employment and Training Administration

See

Occupational Safety and Health Administration

See

Wage and Hour Division

Land Land Management Bureau NOTICES Meetings: Northwest Oregon Resource Advisory Council, 57203-57204 2015-24109 Legal Legal Services Corporation NOTICES Calendar Year 2016 Competitive Grant Funds, 57235 2015-24022 National Endowment for the Humanities National Endowment for the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 57235-57236 2015-24091 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Humanities

National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 57195-57196 2015-23641 National Heart, Lung, and Blood Institute, 57197 2015-23640 National Institute of Nursing Research, 57196-57197 2015-23639 National Institute on Aging, 57196 2015-24035 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod in the Bering Sea and Aleutian Islands Management Area; Reallocation, 57105 2015-24025 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer, 57103-57104 2015-24014 Atlantic Surfclam and Ocean Quahog Fisheries; Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size Limit, 57104 2015-24013 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 2015-23999 2015-24000 57237-57239 2015-24001 2015-24004 2015-24005 Meetings: Advisory Committee for Engineering, 57236 2015-24018 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Enhanced Weapons, Firearms Background Checks, and Security Event Notifications, 57106-57121 2015-23669 NOTICES Combined Licenses; Withdrawals: Entergy Operations, Inc., Grand Gulf, Unit 3, 57239 2015-24032 Meetings: Advisory Committee on the Medical Uses of Isotopes, 57239-57240 2015-24034 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Lead in Construction Standard, 57231-57232 2015-24100 Expansion of Recognition Application:: Curtis-Straus LLC, 57232-57234 2015-24065 Nationally Recognized Testing Laboratories: Proposed Revised Fee Schedule and Proposed Adoption of New Application Acceptance and Review Procedures, 57222-57231 2015-24107 Ocean Energy Management Ocean Energy Management Bureau RULES Updating Addresses and Contact Information in Bureau Regulations, 57092-57098 2015-23719 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National POW/MIA Recognition Day (Proc. 9324), 57277-57280 2015-24235 ADMINISTRATIVE ORDERS Terrorism; Continuation of National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support (Notice of September 18, 2015), 57281 2015-24236 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Investors' Exchange, LLC, 57261-57262 2015-23972 Municipal Securities Rulemaking Board, 57240-57251 2015-23975 NYSE Arca, Inc., 57251-57261 2015-23973 Public Company Accounting Oversight Board, 57263-57265 2015-24019 The NASDAQ Stock Market LLC, 57262-57263 2015-23974 Small Business Small Business Administration NOTICES Disaster Declarations: Colorado, 57265-57266 2015-24067 Kentucky; Amendment 2, 57266 2015-24069 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Sublime Beauty—Raphael's Portrait of a Lady With a Unicorn, 57266-57267 2015-24039 Meetings: President's Emergency Plan for AIDS Relief Scientific Advisory Board, 57266 2015-24040 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57197-57198 2015-24023 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 57268 2015-23983 Transportation Department Transportation Department See

Federal Aviation Administration

See

Surface Transportation Board

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Law Enforcement/Federal Air Marshal Service LEO Reimbursement Request-Invoice, 57201 2015-24010 Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57268-57269 2015-23998 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: H-2 Petitioner's Employment Related or Fee Related Notification, No Form, 57201-57202 2015-24037 Customs U.S. Customs and Border Protection NOTICES Determinations of Country of Origin: Solar Modules, 57198-57200 2015-24082 Veteran Affairs Veterans Affairs Department NOTICES Annual Determination of Staffing Shortages, 57269 2015-23968 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Study Program of the Child Labor Regulations, 57234-57235 2015-24103 Separate Parts In This Issue Part II Environmental Protection Agency, 2015-24050 57272-57275 2015-24051 Part III Presidential Documents, 57277-57281 2015-24235 2015-24236 Reader Aids

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

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

80 183 Tuesday, September 22, 2015 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1605 Default Investment Fund Errors AGENCY:

Federal Retirement Thrift Investment Board.

ACTION:

Final rule.

SUMMARY:

The Federal Retirement Thrift Investment Board (Agency) is amending its regulations to codify procedures for correcting certain default investment fund errors.

DATES:

This rule is effective September 22, 2015.

FOR FURTHER INFORMATION CONTACT:

Austen Townsend at (202) 864-8647.

SUPPLEMENTARY INFORMATION:

The Agency administers the Thrift Savings Plan (TSP), which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees, members of the uniformed services, and spouse beneficiaries. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)).

On August 17, 2015, the Agency published a proposed rule with request for comments in the Federal Register (80 FR 49173, August 17, 2015). The Agency received no comments and, therefore, is publishing the proposed rule as final without change.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal civilian employees and spouse beneficiaries who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514, and which is administered by the Agency.

Paperwork Reduction Act

I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act.

Unfunded Mandates Reform Act of 1995

Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required.

Submission to Congress and the General Accounting Office

Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted 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 before publication of this rule in the Federal Register. The rule is not a major rule as defined in 5 U.S.C. 804(2).

List of Subjects in 5 CFR Part 1605

Government employees, Pensions, Retirement.

Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board.

For the reasons stated in the preamble, the Agency amends 5 CFR chapter VI as follows:

PART 1605—CORRECTION OF ADMINISTRATIVE ERRORS 1. The authority citation for part 1605 continues to read as follows: Authority:

5 U.S.C. 8351, 8432(a), 8432(d), 8474(b)(5) and (c)(1). Subpart B also issued under section 1043(b) of Public Law 104-106, 110 Stat. 186 and § 7202(m)(2) of Public Law 101-508, 104 Stat. 1388.

2. Amend § 1605.2 by revising the section heading and paragraphs (b)(1)(i) and (c) to read as follows:
§ 1605.2 Calculating, posting, and charging breakage on late contributions and loan payments.

(b) * * *

(1) * * *

(i) Use the participant's contribution allocation on file for the “as of” date to determine how the funds would have been invested. If there is no contribution allocation on file, or one cannot be derived based on the investment of contributions, the TSP will consider the funds to have been invested in the default investment fund in effect for the participant on the “as of” date.

(c) Posting contributions and loan payments. Makeup and late contributions, late loan payments, and breakage, will be posted to the participant's account according to his or her contribution allocation on file for the posting date. If there is no contribution allocation on file for the posting date, they will be posted to the default investment fund in effect for the participant.

3. Add § 1605.3 to subpart A to read as follows:
§ 1605.3 Calculating, posting, and charging breakage on errors involving investment in the wrong fund.

(a) The TSP will calculate and post breakage on date of birth errors that result in default investment in the wrong L Fund, contribution allocation errors, and interfund transfer errors.

(b) The TSP will charge the employing agency for positive breakage on incorrect dates of birth caused by employing agency error that result in default investment in the wrong L Fund. A date of birth change received from an employing agency will not trigger corrective action other than to update the date of birth. To initiate a breakage calculation for an employee, the employing agency must notify the TSP that the participant is entitled to breakage.

4. Amend § 1605.13 by revising paragraph (a)(3) to read as follows:
§ 1605.13 Back pay awards and other retroactive pay adjustments.

(a) * * *

(3) All contributions made under this paragraph (a) and associated breakage will be invested according to the participant's contribution allocation on the posting date. Breakage will be calculated using the share prices for the default investment fund in effect for the participant in accordance with § 1605.2 unless otherwise required by the employing agency or the court or other tribunal with jurisdiction over the back pay case.

5. Amend § 1605.16 by revising paragraphs (a) and (b) to read as follows:
§ 1605.16 Claims for correction of employing agency errors; time limitations.

(a) Agency's discovery of error. (1) Upon discovery of an error made within the past six months involving the correct or timely remittance of payments to the TSP (other than a retirement system misclassification error, as covered in paragraph (c) of this section), an employing agency must promptly correct the error on its own initiative. If the error was made more than six months before it was discovered, the agency may exercise sound discretion in deciding whether to correct it, but, in any event, the agency must act promptly in doing so.

(2) For errors involving incorrect dates of birth caused by employing agency error that result in default investment in the wrong L Fund, the employing agency must promptly notify the TSP that the participant is entitled to breakage if the error is discovered within 30 days of either the date the TSP provides the participant with a notice reflecting the error or the date the TSP makes available on its Web site a participant statement reflecting the error, whichever is earlier. If it is discovered after that time, the employing agency may use its sound discretion in deciding whether to pay breakage, but, in any event, must act promptly in doing so.

(b) Participant's discovery of error. (1) If an agency fails to discover an error of which a participant has knowledge involving the correct or timely remittance of a payment to the TSP (other than a retirement system misclassification error as covered by paragraph (c) of this section), the participant may file a claim with his or her employing agency to have the error corrected without a time limit. The agency must promptly correct any such error for which the participant files a claim within six months of its occurrence; if the participant files a claim to correct any such error after that time, the agency may do so at its sound discretion.

(2) For errors involving incorrect dates of birth that result in default investment in the wrong L Fund of which a participant or beneficiary has knowledge, he or she may file a claim for breakage with the employing agency no later than 30 days after either the date the TSP provides the participant with a notice reflecting the error or the date the TSP makes available on its Web site a participant statement reflecting the error, whichever is earlier. The employing agency must promptly notify the TSP that the participant is entitled to breakage.

(3) If a participant or beneficiary fails to file a claim for breakage for errors involving incorrect dates of birth in a timely manner, the employing agency may nevertheless, in its sound discretion, pay breakage on any such error that is brought to its attention.

6. Amend § 1605.22 by revising paragraphs (b)(2) and (c)(2) and (3) to read as follows:
§ 1605.22 Claims for correction of Board or TSP record keeper errors; time limitations.

(b) * * *

(2) For errors involving an investment in the wrong fund caused by Board or TSP record keeper error, the Board or the TSP record keeper must promptly pay breakage if it is discovered within 30 days of the issuance of the most recent TSP participant (or loan) statement, transaction confirmation, or other notice that reflected the error, whichever is earlier. If it is discovered after that time, the Board or TSP record keeper may use its sound discretion in deciding whether to pay breakage, but, in any event, must act promptly in doing so.

(c) * * *

(2) For errors involving an investment in the wrong fund of which a participant or beneficiary has knowledge, he or she may file a claim for breakage with the Board or TSP record keeper no later than 30 days after the TSP provides the participant with a transaction confirmation or other notice reflecting the error, or makes available on its Web site a participant statement reflecting the error, whichever is earlier. The Board or TSP record keeper must promptly pay breakage for such errors.

(3) If a participant or beneficiary fails to file a claim for breakage concerning an error involving an investment in the wrong fund in a timely manner, the Board or TSP record keeper may nevertheless, in its sound discretion, pay breakage for any such error that is brought to its attention.

7. Amend § 1605.31 by revising paragraph (d) to read as follows:
§ 1605.31 Contributions missed as a result of military service.

(d) Breakage. The employee is entitled to breakage on agency contributions made under paragraph (c) of this section. The employee will elect to have the calculation based on either the contribution allocation(s) on file for the participant during the period of military service or the default investment fund in effect for the participant; the participant must make this election at the same time his or her makeup schedule is established pursuant to § 1605.11(c).

[FR Doc. 2015-24093 Filed 9-21-15; 8:45 am] BILLING CODE 6760-01-P
OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2600, 2601, and 2604 RIN 3209-AA40, 3209-AA41, 3209-AA39 Organization and Functions; Implementation of Statutory Gift Acceptance Authority; Freedom of Information Act AGENCY:

Office of Government Ethics (OGE).

ACTION:

Final rule.

SUMMARY:

The U.S. Office of Government Ethics (OGE) is issuing this final rule to update and streamline its organization and functions regulation and its statutory gift acceptance authority implementation. The final rule also updates and streamlines OGE's Freedom of Information Act (FOIA) regulation to reflect OGE's existing policy and practice and to implement changes to the FOIA. Finally, the final rule extends a requester's time to file an administrative appeal, makes administrative changes, and updates cost figures for calculating and charging fees.

DATES:

Effective date: October 22, 2015.

FOR FURTHER INFORMATION CONTACT:

Jennifer Matis, Assistant Counsel, Office of Government Ethics, 202-482-9216.

SUPPLEMENTARY INFORMATION:

I. Introduction

On April 3, 2015, OGE published proposed amendments to update and streamline its organization and functions regulation, its statutory gift acceptance authority implementation, and its FOIA regulation. OGE invited comments from the public and other agencies through June 2, 2015. OGE received one comment regarding the changes to its FOIA regulation, from the Office of Government Information Services (OGIS). This comment was generally supportive of the proposed changes but suggested clarifications and additional revisions beyond those proposed by OGE. OGE also received two comments objecting to OGE's exercise of its statutory gift acceptance authority. The comments are discussed further below.

II. Discussion of Public Comments and the Final Rule

OGE received two comments objecting to its exercise of its statutory gift acceptance authority, asserting that the receipt of any gift by a government official is a conflict of interest. Part 2601 implements the authority granted to OGE in section 403 of the Ethics in Government Act of 1978, 5 U.S.C. app. 403, to accept gifts on behalf of the United States for the purpose of facilitating the work of the agency. The proposed revisions merely update the regulation to reflect changes to OGE's organizational structure and will have no substantive effect on OGE's implementation of the authority granted it by section 403 of the Ethics in Government Act. Furthermore, potential conflict of interest concerns are sufficiently addressed by §§ 2601.203 and 2601.204, which prohibit OGE from soliciting or accepting a gift that would reflect unfavorably upon the ability of the agency, or any employee of the agency, to carry out OGE responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. OGE will adopt the revisions to part 2601 as proposed.

OGE received one comment regarding the proposed revisions to its FOIA regulation, from the Office of Government Information Services (OGIS) of the National Archives and Records Administration. OGIS provided a number of constructive suggestions, primarily regarding language clarity and best practices in processing FOIA requests, many of which OGE has incorporated into the final rule.

As suggested by OGIS, the language of § 2604.102 was revised to further clarify the intersection between the FOIA and the Privacy Act. Definitions of “requester category” and “fee waiver” were added to § 2604.103 and the definition of “person” was expanded. The definitions of “FOIA Public Liaison” and “FOIA Requester Service Center” were updated to refer to the relevant designations in the FOIA.

OGIS suggested that OGE use the term “perfected” rather than “received” in §§ 2604.301 and 2604.504. OGE acknowledges that it may seem counterintuitive that, under some circumstances, a request may be deemed not to be “received” even though it has been successfully delivered to the agency. Upon consideration, however, OGE concluded that the principles of plain language, which caution against using jargon, support retention of the current language. The term “perfected” is neither found in the text of the FOIA nor is used in this context in everyday language. Therefore, OGE concluded that the term “received” is clearer than the term “perfected.” In reaching this conclusion, OGE considered the fact that a number of agencies, including the Department of Justice, continue to use the term “received” in their FOIA fee provisions. Although the suggested revision has not been incorporated into the final rule, OGE decided to clarify § 2604.301 by adding language explaining that if, in the course of negotiating fees, the requester does not respond to correspondence from OGE, OGE will administratively close the request after 30 calendar days. This change has been incorporated into the final rule.

OGE also revised § 2604.304 to extend the period for a requester to appeal from 30 to 45 calendar days. OGIS suggested that OGE allow 60 days for requesters to appeal, noting that mail screening by Federal agencies can slow the time it takes appeals to reach their destination. Because § 2604.304 calculates the period for appeal from the date the requester receives OGE's response until the date the requester sends an appeal, delays in mail processing will have no impact on the requester's right of appeal. Nonetheless, OGE is extending the period to appeal to 45 calendar days in the spirit of cooperation with the requester community, which has publically advocated for agencies to institute longer appeal deadlines.

With regard to § 2604.301(a), OGIS noted that the FOIA does not require requesters to indicate that their requests are being made under the FOIA. OGE will not refuse to process a request because it is not clearly marked as a FOIA request. The rule's language stating that requesters “should . . . clearly indicate that the subject is a Freedom of Information Act request” is intended to facilitate faster processing, not impose a mandatory requirement on requesters. As such, it is appropriately included in the rule's instructions on addressing requests and has not been revised in the final rule.

In addition, OGIS made several suggestions regarding best practices in the processing of requests. Although OGE generally agrees with these best practices and follows them, it concluded that it is not necessary or advisable to incorporate all such practices into the agency's FOIA regulation, particularly if the suggested changes, on balance, add administrative burden to OGE's small FOIA program while providing little additional benefit to requestors. Specifically, OGIS suggested that acknowledgements include a brief description of the request and that requesters be advised that they can request an estimated date of completion. Although these suggestions are not incorporated into the final rule, it is OGE's practice to include a description of the request and estimated date of completion in all acknowledgements. Likewise, as suggested, OGE advises requesters when information they have requested is publically available and directs them to where the information can be located. OGIS suggested that the regulation be revised to notify requesters that OGE will provide a brief description of redacted information when possible. Although this suggestion is not incorporated into the final rule, it is OGE's practice to describe redacted information if it is not clear from the context and if it is possible without revealing exempt information. Finally, OGIS suggested that language be added to § 2604.304(a) advising requesters that they may appeal the adequacy of OGE's search, even if the agency asserts that it has released all records. Although this suggestion is not incorporated into the final rule, OGE provides information on appeal rights in all response letters, including those granting requests in full.

III. Statutory Authority

OGE is promulgating this rulemaking under the authority of 5 U.S.C. 301, 552 (as amended), and 553 and 5 U.S.C. app 105(b).

IV. Matters of Regulatory Procedure Regulatory Planning and Review (Executive Orders 12866 and 13563)

In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principals of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866.

Congressional Review Act

The rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking.

Paperwork Reduction Act

The rule is not subject to section 3504(h) of the Paperwork Reduction Act, 44 U.S.C. 3501, because it does not contain any information collection requirements subject to approval by the Office of Management and Budget.

Federalism (Executive Order 13132)

The rule will 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. Therefore, in accordance with Executive Order 13132, OGE has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Unfunded Mandates Reform Act

The rule neither imposes an unfunded mandate of more than $100 million per year nor imposes a significant or unique effect on State, local or tribal governments, or the private sector.

Regulatory Flexibility Act

As required by the Regulatory Flexibility Act, it is hereby certified that this rule will not have a significant impact on a substantial number of small entities because this regulation will affect only people and organizations who file FOIA requests with OGE.

Civil Justice Reform (Executive Order 12988)

It is hereby certified that this rule does not unduly burden the judicial system and meets the requirements of Executive Order 12988.

List of Subjects 5 CFR Parts 2600 and 2601

Administrative practice and procedure, Organization and functions (Government agencies).

5 CFR Part 2604

Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Reporting and recordkeeping requirements.

Approved: September 14, 2015. Walter M. Shaub, Jr., Director, Office of Government Ethics.

For the reasons set out in the preamble, OGE amends 5 CFR parts 2600, 2601, and 2604 as follows:

PART 2600—ORGANIZATION AND FUNCTIONS OF THE OFFICE OF GOVERNMENT ETHICS 1. The authority citation for part 2600 continues to read as follows: Authority:

5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

2. Amend § 2600.101 by revising the first sentence of paragraph (a) to read as follows:
§ 2600.101 Mission and history.

(a) The U.S. Office of Government Ethics (OGE) was established by the Ethics in Government Act of 1978, Public Law 95-521, 92 Stat. 1824 (1978). * * *

3. Amend § 2600.102 by revising paragraphs (a) and (b) to read as follows:
§ 2600.102 Contact information.

(a) Address. OGE is located at 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. OGE does not have any regional offices. OGE's general email address is [email protected]

(b) Web site. Information about OGE and its role in the executive branch ethics program as well as copies of publications that have been developed for training, educational and reference purposes are available electronically on OGE's Web site (www.oge.gov). OGE has posted on its Web site various Executive Orders, statutes, and regulations that together form the basis for the executive branch ethics program. The site also contains ethics advisory opinions and letters published by OGE, as well as other pertinent information.

4. Revise § 2600.103 to read as follows:
§ 2600.103 Office of Government Ethics organization and functions.

OGE's Director is appointed by the President and confirmed by the Senate for a five-year term. Additional information regarding OGE's organization and functions is available on its Web site at www.oge.gov.

PART 2601—IMPLEMENTATION OF OFFICE OF GOVERNMENT ETHICS STATUTORY GIFT ACCEPTANCE AUTHORITY 5. The authority citation for part 2601 continues to read as follows: Authority:

5 U.S.C. App. (Ethics in Government Act of 1978).

6. Amend § 2601.103 by revising the first sentence of paragraph (a) and the first sentence of paragraph (d) to read as follows:
§ 2601.103 Policy.

(a) Scope. OGE may use its statutory authority to solicit, accept and utilize gifts to the agency that aid or facilitate the agency's work. * * *

(d) Endorsement. Acceptance of a gift pursuant to this part will not in any way be deemed to be an endorsement of the donor, or the donor's products, services, activities, or policies. * * *

7. Amend § 2601.105 by revising the introductory text, removing the definition of “Administrative Division” and revising the definitions of “Agency,” “Authorized agency official,” “Director,” and “Employee” to read as follows:
§ 2601.105 Definitions.

As used in this part:

Agency means the U.S. Office of Government Ethics (OGE).

Authorized agency official means the Director of OGE or the Director's delegee.

Director means the Director of OGE.

Employee means an employee of OGE.

8. Amend § 2601.202 by revising paragraphs (a), (b), (d), and (f) to read as follows:
§ 2601.202 Procedure.

(a) The authorized agency official will have the authority to solicit, accept, refuse, return, or negotiate the terms of acceptance of a gift.

(b) An employee, other than an authorized agency official, will immediately forward all offers of gifts covered by this part regardless of value to an authorized agency official for consideration and will provide a description of the gift offered. An employee will also inform an authorized agency official of all discussions of the possibility of a gift. An employee will not provide a donor with any commitment, privilege, concession or other present or future benefit (other than an appropriate acknowledgment) in return for a gift.

(d) Gifts may be acknowledged in writing in the form of a letter of acceptance to the donor. The amount of a monetary gift will be specified. In the case of nonmonetary gifts, the letter will not make reference to the value of the gift. Valuation of nonmonetary gifts is the responsibility of the donor. Letters of acceptance will not include any statement regarding the tax implications of a gift, which remain the responsibility of the donor. No statement of endorsement should appear in a letter of acceptance to the donor.

(f) A gift of money or the proceeds of a gift will be deposited in an appropriately documented agency fund. A check or money order should be made payable to the “U.S. Office of Government Ethics.”

9. Amend § 2601.203 by revising paragraph (a) to read as follows:
§ 2601.203 Conflict of interest analysis.

(a) A gift will not be solicited or accepted if the authorized agency official determines that such solicitation or acceptance of the gift would reflect unfavorably upon the ability of the agency, or any employee of the agency, to carry out OGE responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs.

10. Amend § 2601.204 by revising the Note to § 2601.204 to read as follows:
§ 2601.204 Conditions for acceptance. Note to § 2601.204:

Nothing in this part will prohibit the agency from offering or providing the donor an appropriate acknowledgment of its gift in a publication, speech or other medium.

11. Amend § 2601.301 by revising paragraphs (a) and (b) and the introductory text of paragraph (c) to read as follows:
§ 2601.301 Accounting of gifts.

(a) OGE's Designated Agency Ethics Official (DAEO) will ensure that gifts are properly accounted for by following appropriate internal controls and accounting procedures.

(b) The DAEO will maintain an inventory of donated personal property valued at over $500. The inventory will be updated each time an item is sold, excessed, destroyed or otherwise disposed of or discarded.

(c) The DAEO will maintain a log of all gifts valued at over $500 accepted pursuant to this part. The log will include, to the extent known:

PART 2604—FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS 12. Revise part 2604 to read as follows: PART 2604—FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS Subpart A—General Provisions Sec. 2604.101 Purpose. 2604.102 Applicability. 2604.103 Definitions. 2604.104 Preservation of records. 2604.105 Other rights and services. Subpart B—FOIA Public Reading Room Facility and Web Site; Index Identifying Information for the Public 2604.201 Public reading room facility and Web site. 2604.202 Index identifying information for the public. Subpart C—Production and Disclosure of Records Under FOIA 2604.301 Requests for records. 2604.302 Response to requests. 2604.303 Form and content of responses. 2604.304 Appeal of denials. 2604.305 Time limits. Subpart D—Exemptions Under FOIA 2604.401 Policy. 2604.402 Business information. Subpart E—Schedule of Fees 2604.501 Fees to be charged—general. 2604.502 Fees to be charged—categories of requesters. 2604.503 Limitations on charging fees. 2604.504 Miscellaneous fee provisions. Subpart F—Annual OGE FOIA Report 2604.601 Electronic posting and submission of annual OGE FOIA report. Subpart G—Fees for the Reproduction and Mailing of Public Financial Disclosure Reports 2604.701 Policy 2604.702 Charges. Authority:

5 U.S.C. 552; 5 U.S.C. App. 101-505; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216.

Subpart A—General Provisions
§ 2604.101 Purpose.

This part contains the regulations of the U.S. Office of Government Ethics (OGE) implementing the Freedom of Information Act (FOIA), as amended. It describes how any person may obtain records from OGE under the FOIA. It also implements section 105(b)(1) of the Ethics in Government Act of 1978 (Ethics Act), as amended, which authorizes an agency to charge reasonable fees to cover the cost of reproduction and mailing of public financial disclosure reports requested by any person.

§ 2604.102 Applicability.

(a) General. The FOIA and this rule apply to all OGE records. However, if another law sets forth procedures for the disclosure of specific types of records, such as section 105 of the Ethics in Government Act of 1978, 5 U.S.C. appendix, OGE will process a request for those records in accordance with the procedures that apply to those specific records. See 5 CFR 2634.603 and subpart G of this part. If there is any record which is not required to be released under those provisions, OGE will consider the request under the FOIA and this rule, provided that the special Ethics Act access procedures cited must be complied with as to any record within the scope thereof.

(b) The relationship between the FOIA and the Privacy Act of 1974. The Freedom of Information Act applies to third-party requests for documents concerning the general activities of the government and of OGE in particular. The Privacy Act of 1974, 5 U.S.C. 552a, applies to records that are about individuals, but only if the records are in a system of records as defined in the Privacy Act. When an individual requests access to his or her own records that are contained in an OGE system of records, the individual is making a Privacy Act request, not a FOIA request. Although OGE determines whether a request is a FOIA or Privacy Act request, OGE processes requests in accordance with both laws and will not deny access by a first party to a record under the FOIA or the Privacy Act if the record is available to that individual under both statutes. This provides the greatest degree of lawful access while safeguarding individuals' personal privacy.

(c) Records available through routine distribution procedures. When the record requested includes material published and offered for sale (e.g., by the Government Publishing Office) or which is available to the public through an established distribution system (such as that of the National Technical Information Service of the Department of Commerce), OGE will explain how the record may be obtained through those channels. If the requester, after having been advised of such alternative access, asks for regular FOIA processing instead, OGE will provide the record in accordance with its usual FOIA procedures under this part.

§ 2604.103 Definitions.

As used in this part:

Agency has the meaning given in 5 U.S.C. 551(1) and 5 U.S.C. 552(f).

Business information means trade secrets or other commercial or financial information, provided to OGE by a submitter, which arguably is protected from disclosure under Exemption 4 of the Freedom of Information Act.

Business submitter means any person who provides business information, directly or indirectly, to OGE and who has a proprietary interest in the information.

Chief FOIA Officer means the OGE official designated in 5 U.S.C. 552(k) to provide oversight of all of OGE's FOIA program operations.

Commercial use means, when referring to a request, that the request is from, or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or of a person on whose behalf the request is made. Whether a request is for a commercial use depends on the purpose of the request and the use to which the records will be put. When a request is from a representative of the news media, a purpose or use supporting the requester's news dissemination function is not a commercial use.

Direct costs means those expenditures actually incurred in searching for and duplicating (and, in the case of commercial use requesters, reviewing) records to respond to a FOIA request. Direct costs include the salary of the employee performing the work and the cost of operating duplicating machinery. Not included in direct costs are overhead expenses such as costs of space and heating or lighting of the facility in which the records are stored.

Duplication means the process of making a copy of a record. Such copies include photocopies, flash drives, and optical discs.

Educational institution means a preschool, elementary or secondary school, institution of undergraduate or graduate higher education, or institute of professional or vocational education, which operates a program of scholarly research.

Fee waiver means waiving or reducing processing fees if a requester can demonstrate that certain statutory standards are satisfied, including that the information is in the public interest and is not requested for a commercial interest.

FOIA Officer means the OGE employee designated to handle various initial FOIA matters, including requests and related matters such as fees.

FOIA Public Liaison means the OGE official designated in 5 U.S.C. 552(a)(6)(B)(ii) and 552(l) to review upon request any concerns of FOIA requesters about the service received from OGE's FOIA Requester Service Center and to address any other FOIA-related inquiries.

FOIA Requester Service Center means the OGE unit designated under E.O. 13392 and referenced in 5 U.S.C. 552(l) to answer any questions requesters have about the status of OGE's processing of their FOIA requests.

Freedom of Information Act or FOIA means 5 U.S.C. 552.

Noncommercial scientific institution means an institution that is not operated solely for purposes of furthering its own or someone else's business, trade, or profit interests, and that is operated for purposes of conducting scientific research the results of which are not intended to promote any particular product or industry.

Office or OGE means the United States Office of Government Ethics.

Person has the meaning given in 5 U.S.C. 551(2), including “an individual, partnership, corporation, association, or public or private organization other than an agency.”

Records means any handwritten, typed, or printed documents (such as memoranda, books, brochures, studies, writings, drafts, letters, transcripts, and minutes) and documentary material in other forms (such as electronic documents, electronic mail, magnetic tapes, cards or discs, paper tapes, audio or video recordings, maps, photographs, slides, microfilm and motion pictures) that are either created or obtained by OGE and are under its control. It does not include objects or articles such as exhibits, models, equipment, and duplication machines or audiovisual processing materials.

Representative of the news media means a person or entity that gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of “news”) who distribute their products to the general public or who make their products available for purchase or subscription by the general public, and entities that may disseminate news through other media, such as electronic dissemination of text. Freelance journalists will be considered as representatives of a news media entity if they can show a solid basis for expecting publication through such an entity. A publication contract is such a basis, and the requester's past publication record may show such a basis.

Request means any request for records made pursuant to 5 U.S.C. 552(a)(3).

Requester means any person who makes a request for records to OGE.

Requester category means one of three classifications that OGE assigns to requesters to determine whether OGE will charge fees for search, review and duplication. These categories are: Commercial requesters; noncommercial scientific or educational institutions or representatives of the news media; and all other requesters.

Review means the process of initially, or upon appeal (see § 2604.501(b)(3)), examining documents located in a response to a request to determine whether any portion of any document is permitted to be withheld. It also includes processing documents for disclosure, such as redacting portions which may be withheld. Review does not include time spent resolving general legal and policy issues regarding the application of exemptions.

Search means the time spent looking for material manually or by automated means that is responsive to a request, including page-by-page or line-by-line identification of material within documents.

Working days means calendar days, excepting Saturdays, Sundays, and legal public holidays.

§ 2604.104 Preservation of records.

OGE will preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all responsive records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit.

§ 2604.105 Other rights and services.

Nothing in this part will be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.

Subpart B—FOIA Public Reading Room Facility and Web Site; Index Identifying Information for the Public
§ 2604.201 Public reading room facility and Web site.

(a)(1) Location of public reading room facility. OGE maintains a public reading room facility at its offices located at 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. Persons desiring to utilize the reading room facility should contact OGE, in writing or by telephone: 202-482-9300, TDD: 202-482-9293, or FAX: 202-482-9237, to arrange a time to inspect the materials available there.

(2) Web site. The records listed in paragraph (b) of this section that were created on or after November 1, 1996, or which OGE is otherwise able to make electronically available, along with the OGE FOIA and Public Records Guide and OGE's annual FOIA reports, are also available via OGE's Web site (www.oge.gov). OGE will proactively identify additional records of interest to the public and will post such records on its Web site when practicable.

(b) Records available. The OGE public reading room facility contains OGE records which are required by 5 U.S.C. 552(a)(2) to be made available for public inspection and copying, including:

(1) Any final opinions, as well as orders, made in the adjudication of cases;

(2) Any statements of policy and interpretation which have been adopted by OGE and are not published in the Federal Register;

(3) Any administrative staff manuals and instructions to staff that affect a member of the public, and which are not exempt from disclosure under section (b) of the FOIA;

(4) Copies of records created by OGE that have been released to any person under subpart C of this part which, because of the nature of their subject matter, OGE determines have become or are likely to become the subject of subsequent requests for substantially the same records, together with a general index of such records; and

(5) A general index of the records referred to under § 2604.201(b)(4).

(c) Copying. The cost of copying information available in OGE's public reading room facility will be imposed on a requester in accordance with the provisions of subpart E of this part.

(d) OGE may delete from the copies of materials made available under this section any identifying details necessary to prevent a clearly unwarranted invasion of personal privacy. Any such deletions will be explained in writing and the extent of such deletions will be indicated on the portion of the records that are made available or published, unless the indication would harm an interest protected by the FOIA exemption pursuant to which the deletions are made. If technically feasible, the extent of any such deletions will be indicated at the place in the records where they are made.

§ 2604.202 Index identifying information for the public.

(a) OGE will maintain and make available for public inspection and copying a current index of the materials available at its public reading room facility which are required to be indexed under 5 U.S.C. 552(a)(2).

(b) The Director of the Office of Government Ethics has determined that it is unnecessary and impracticable to publish quarterly or more frequently and distribute (by sale or otherwise) copies of each index and supplements thereto, as provided in 5 U.S.C. 552(a)(2). The Office will provide copies of such indexes upon request, at a cost not to exceed the direct cost of duplication and mailing, if sending records by other than ordinary mail.

Subpart C—Production and Disclosure of Records Under FOIA
§ 2604.301 Requests for records.

(a) Addressing requests. Requests for copies of records may be made by mail or email. Requests sent by mail should be addressed to the FOIA Officer, U.S. Office of Government Ethics, 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. The envelope containing the request and the letter itself should both clearly indicate that the subject is a Freedom of Information Act request. Email requests should be sent to [email protected] and should indicate in the subject line that the message contains a Freedom of Information Act request.

(b) Description of records. Each request must reasonably describe the desired records in sufficient detail to enable OGE personnel to locate the records with a reasonable amount of effort. A request for a specific category of records will be regarded as fulfilling this requirement if it enables responsive records to be identified by a technique or process that is not unreasonably burdensome or disruptive of OGE operations.

(1) Wherever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record.

(2) If the FOIA Officer determines that a request does not reasonably describe the records sought, the FOIA Officer will either advise the requester what additional information is needed to locate the record, or otherwise state why the request is insufficient. The FOIA Officer will also extend to the requester an opportunity to confer with OGE personnel with the objective of reformulating the request in a manner which will meet the requirements of this section.

(c) Agreement to pay fees. The filing of a request under this subpart will be deemed to constitute an agreement by the requester to pay all applicable fees charged under subpart E of this part, up to $25.00, unless a waiver of fees is sought. The request may also specify a limit on the amount the requester is willing to spend, or may indicate a willingness to pay an amount greater than $25.00, if applicable. In cases where a requester has been notified that actual or estimated fees may amount to more than $25.00, the request will be deemed not to have been received until the requester has agreed to pay the anticipated total fee. If, in the course of negotiating fees, the requester does not respond to correspondence from OGE, OGE will administratively close the FOIA request after 30 calendar days have passed from the date of its last correspondence to the requester.

(d) Requests for records relating to corrective actions. No record developed pursuant to the authority of 5 U.S.C. app. 402(f)(2) concerning the investigation of an employee for a possible violation of any provision relating to a conflict of interest will be made available pursuant to this part unless the request for such information identifies the employee to whom the records relate and the subject matter of any alleged violation to which the records relate. Nothing in this subsection will affect the application of subpart D of this part to any record so identified.

(e) Seeking expedited processing. (1) A requester may seek expedited processing of a FOIA request if a compelling need for the requested records can be shown.

(2) “Compelling need” means:

(i) Circumstances in which failure to obtain copies of the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

(ii) An urgency to inform the public about an actual or alleged Federal Government activity, if the request is made by a person primarily engaged in disseminating information.

(3) A requester seeking expedited processing should so indicate in the initial request, and should state all the facts supporting the need to obtain the requested records quickly. The requester must also certify in writing that these facts are true and correct to the best of the requester's knowledge and belief.

§ 2604.302 Response to requests.

(a) Acknowledgement of requests. If the FOIA Officer determines that a request will take longer than 10 working days to process, OGE will send a written acknowledgment that includes the request's individualized tracking number.

(b) Response to initial request. The FOIA Officer is authorized to grant or deny any request for a record and to determine appropriate fees.

(c) Referral to, or consultation with, another agency. When a requester seeks access to records that originated in another Government agency subject to the FOIA, OGE will normally refer the request to the other agency for response; alternatively, OGE may consult with the other agency in the course of deciding itself whether to grant or deny a request for access to such records. If OGE refers the request to another agency, it will notify the requester of the referral and provide a point of contact within the receiving agency. If release of certain records may adversely affect United States relations with foreign governments, OGE will usually consult with the Department of State. A request for any records classified by some other agency will be referred to that agency for response.

(d) Honoring form or format requests. In making any record available to a requester, OGE will provide the record in the form or format requested, if the record already exists or is readily reproducible by OGE in that form or format. If a form or format request cannot be honored, OGE will so inform the requester and provide a copy of a nonexempt record in its existing form or format or another convenient form or format which is readily reproducible. OGE will not, however, generally develop a completely new record (as opposed to providing a copy of an existing record in a readily reproducible new form or format, as requested) of information in order to satisfy a request.

(e) Record cannot be located. If a requested record cannot be located from the information supplied, the FOIA Officer will so notify the requester in writing.

§ 2604.303 Form and content of responses.

(a) Form of notice granting a request. After the FOIA Officer has made a determination to grant a request in whole or in part, the requester will be notified in writing. The notice will describe the manner in which the record will be disclosed, whether by providing a copy of the record with the response or at a later date, or by making a copy of the record available to the requester for inspection at a reasonable time and place. The procedure for such an inspection may not unreasonably disrupt OGE operations. The response letter will also inform the requester in the response of any fees to be charged in accordance with the provisions of subpart E of this part.

(b) Form of notice denying a request. When the FOIA Officer denies a request in whole or in part, the FOIA Officer will so notify the requester in writing. The response will be signed by the FOIA Officer and will include:

(1) The name and title or position of the person making the denial;

(2) A brief statement of the reason or reasons for the denial, including the FOIA exemption or exemptions which the FOIA Officer has relied upon in denying the request;

(3) When only a portion of a document is being withheld, the amount of information deleted and the FOIA exemption(s) justifying the deletion will generally be indicated on the copy of the released portion of the document. If technically feasible, such indications will appear at the place in the copy of the document where any deletion is made. If a document is withheld in its entirety, an estimate of the volume of the withheld material will generally be given. However, neither an indication of the amount of information deleted nor an estimation of the volume of material withheld will be included in a response if doing so would harm an interest protected by any of the FOIA exemptions pursuant to which the deletion or withholding is made; and

(4) A statement that the denial may be appealed under § 2604.304, and a description of the requirements of that section.

§ 2604.304 Appeal of denials.

(a) Right of appeal. If a request has been denied in whole or in part, the requester may appeal the denial by mail or email to the Program Counsel of the U.S. Office of Government Ethics. Requests sent by mail should be addressed to 1201 New York Avenue NW., Suite 500, Washington, DC 20005-3917. The envelope containing the request and the letter itself should both clearly indicate that the subject is a Freedom of Information Act appeal. Email requests should be sent to [email protected] and should indicate in the subject line that the message contains a Freedom of Information Act appeal.

(b) Letter of appeal. The appeal must be in writing and must be sent within 45 calendar days of receipt of the denial letter. An appeal should include a copy of the initial request, a copy of the letter denying the request in whole or in part, and a statement of the circumstances, reasons or arguments advanced in support of disclosure of the record.

(c) Action on appeal. The disposition of an appeal will be in writing and will constitute the final action of OGE on a request. A decision affirming in whole or in part the denial of a request will include a brief statement of the reason or reasons for affirmance, including each FOIA exemption relied on. If the denial of a request is reversed in whole or in part on appeal, the request will be processed promptly in accordance with the decision on appeal.

(d) Judicial review. If the denial of the request for records is upheld in whole or in part, OGE will notify the person making the request of the right to seek judicial review under 5 U.S.C. 552(a)(4).

(e) Dispute Resolution Services. If the denial of the request for records is upheld in whole or in part, OGE will notify the requester about the dispute resolution services offered by the Office of Government Information Services (OGIS) and provide contact information for that office.

§ 2604.305 Time limits.

(a)(1) Initial request. Following receipt of a request for records, the FOIA Officer will determine whether to comply with the request and will notify the requester in writing of the determination within 20 working days.

(2) Tolling. OGE may toll the 20-working day period once while awaiting a response to information reasonably requested from the requester. OGE may also toll the 20-working day period while awaiting a response to a request for clarification regarding fees. There is no limit on the number of times OGE may toll the statutory time period to request clarification regarding fees. In either case, the tolling period ends upon receipt of the requester's response to the request for information or clarification. If OGE does not receive a response to a request for clarification regarding fees within 30 calendar days, it will consider the request “closed.”

(3) Request for expedited processing. When a request for expedited processing under § 2604.301(e) is received, the FOIA Officer will respond within 10 calendar days from the date of receipt of the request, stating whether or not the request for expedited processing has been granted. If the request for expedited processing is denied, any appeal of that decision will be acted upon expeditiously.

(b) Appeal. A written determination on an appeal submitted in accordance with § 2604.304 will be issued within 20 working days after receipt of the appeal.

(c) Extension of time limits. When additional time is required for one of the reasons stated in paragraph (d) of this section, OGE will, within the statutory 20-working day period, issue written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to be made. If more than 10 additional working days are needed, the requester will be notified and provided an opportunity to limit the scope of the request or to arrange for an alternative time frame for processing the request or a modified request. To aid the requester, OGE will make available its FOIA Public Liaison to assist in the resolution of any disputes.

(d) For the purposes of paragraph (c) of this section, unusual circumstances means that there is a need to:

(1) Search for and collect records from archives;

(2) Search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) Consult with another agency having a substantial interest in the determination of the request, or consult with various OGE components that have substantial subject matter interest in the records requested.

Subpart D—Exemptions Under FOIA
§ 2604.401 Policy.

(a) Policy on application of exemptions. A requested record will not be withheld from inspection or copying unless it comes within one of the classes of records exempted by 5 U.S.C. 552. In making its determination on withholding, OGE will consider making discretionary disclosures of records exempt under the FOIA whenever disclosure is not prohibited by statute, Executive Order, or regulation and would not foreseeably harm an interest protected by a FOIA exemption.

(b) Pledge of confidentiality. Information obtained from any individual or organization, furnished in reliance on a provision for confidentiality authorized by applicable statute, Executive Order or regulation, will not be disclosed to the extent it can be withheld under one of the exemptions. However, this paragraph (b) does not itself authorize the giving of any pledge of confidentiality by any officer or employee of OGE.

(c) Exception for law enforcement information. OGE may treat records compiled for law enforcement purposes as not subject to the requirements of the Freedom of Information Act when:

(1) The investigation or proceeding involves a possible violation of criminal law;

(2) There is reason to believe that the subject of the investigation or proceeding is unaware of its pendency; and

(3) The disclosure of the existence of the records could reasonably be expected to interfere with the enforcement proceedings.

(d) Partial application of exemptions. Any reasonably segregable portion of a record will be provided to any person requesting the record after deletion of the portions which are exempt under this subpart.

§ 2604.402 Business information.

(a) In general. Business information provided to OGE by a submitter will not be disclosed pursuant to a Freedom of Information Act request except in accordance with this section.

(b) Designation of business information. Submitters of business information should use good-faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, those portions of their submissions which they deem to be protected under Exemption 4 of the FOIA (5 U.S.C. 552(b)(4)). Any such designation will expire 10 years after the records were submitted to the Government, unless the submitter requests, and provides reasonable justification for, a designation period of longer duration.

(c) Predisclosure notification. The FOIA Officer will provide a submitter with prompt written notice of a FOIA request regarding its business information if:

(1) The information has been designated by the submitter as information deemed protected from disclosure under Exemption 4 of the FOIA; or

(2) The FOIA Officer has reason to believe that the information may be protected from disclosure under Exemption 4 of the FOIA. Such written notice will either describe the exact nature of the business information requested or provide copies of the records containing the business information. The requester also will be notified that notice and an opportunity to object are being provided to a submitter.

(d) Opportunity to object to disclosure. OGE will give a submitter a reasonable time, up to 10 working days, from receipt of the predisclosure notification to provide a written statement of any objection to disclosure. Such statement will specify all the grounds for withholding any of the information under any exemption of the FOIA and, in the case of Exemption 4, will demonstrate why the information is deemed to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by a submitter pursuant to this paragraph (d) may itself be subject to disclosure under the FOIA.

(e) Notice of intent to disclose. The FOIA Officer will consider all objections raised by a submitter and specific grounds for nondisclosure prior to determining whether to disclose business information. Whenever the FOIA Officer decides to disclose business information over the objection of a submitter, the FOIA Officer will send the submitter a written notice at least 10 working days before the date of disclosure containing:

(1) A statement of the reasons why the submitter's objections were not sustained;

(2) A copy of the records which will be disclosed or a written description of the records; and

(3) A specified disclosure date. The requester will also be notified of the FOIA Officer's determination to disclose records over a submitter's objections.

(f) Notice of FOIA lawsuit. Whenever a requester brings suit seeking to compel disclosure of business information, the FOIA Officer will promptly notify the submitter.

(g) Exceptions to predisclosure notification. The notice requirements in paragraph (c) of this section do not apply if:

(1) The FOIA Officer determines that the information should not be disclosed;

(2) The information has been published previously or has been officially made available to the public;

(3) Disclosure of the information is required by law (other than 5 U.S.C. 552); or

(4) The designation made by the submitter in accordance with paragraph (b) of this section appears obviously frivolous; except that, in such a case, the FOIA Officer will provide the submitter with written notice of any final decision to disclose business information within a reasonable number of days prior to a specified disclosure date.

Subpart E—Schedule of Fees
§ 2604.501 Fees to be charged—general.

(a) Policy. Fees will be assessed according to the schedule contained in paragraph (b) of this section and the category of requesters described in § 2604.502 for services rendered in responding to and processing requests for records under subpart C of this part. All fees will be charged to the requester, except where the charging of fees is limited under § 2604.503(a) and (b) or where a waiver or reduction of fees is granted under § 2604.503(c). Requesters will pay fees by check or money order made payable to the Treasury of the United States.

(b) Types of charges. The types of charges that may be assessed in connection with the production of records in response to a FOIA request are as follows:

(1) Searches—(i) Manual searches for records. Whenever feasible, OGE will charge at the salary rate (i.e., basic pay plus 16%) of the employee making the search. However, where a homogeneous class of personnel is used exclusively in a search (e.g., all clerical time or all professional time) OGE will charge $16.00 per hour for clerical time and $28.00 per hour for professional time. Charges for search time will be billed by 15minute segments.

(ii) Computer searches for records. Requesters will be charged the actual direct cost of conducting a search using existing programming. These direct costs will include the cost of operating a central processing unit for that portion of operating time that is directly attributable to searching for records responsive to a request, as well as the cost of operator/programmer salary apportionable to the search. OGE will not alter or develop programming to conduct a search.

(iii) Unproductive searches. OGE will charge search fees even if no records are found which are responsive to the request, or if the records found are exempt from disclosure.

(2) Duplication. The standard copying charge for documents in paper copy is $0.15 per page. When responsive information is provided in a format other than paper copy, such as in the form of computer tapes, flash drives, and discs, the requester may be charged the direct costs of the medium used to produce the information, as well as any related reproduction costs.

(3) Review. Costs associated with the review of documents, as defined in § 2604.103, will be charged at the salary rate (i.e., basic pay plus 16%) of the employee conducting the review. Except as noted below, charges may be assessed only for review at the initial level, i.e., the review undertaken the first time the documents are analyzed to determine the applicability of specific exemptions to a particular record or portion of the records. A requester will not be charged for review at the administrative appeal level concerning the applicability of an exemption already applied at the initial level. However, when a record has been withheld pursuant to an exemption which is subsequently determined not to apply and the record is reviewed again at the appeal level to determine the potential applicability of other exemptions, the costs of such additional review may be assessed.

(4) Other services and materials. Where OGE elects, as a matter of administrative discretion, to comply with a request for a special service or materials, such as certifying that records are true copies or sending records by special methods, the actual direct costs of providing the service or materials will be charged.

§ 2604.502 Fees to be charged—categories of requesters.

(a) Fees for various requester categories. The paragraphs below state, for each category of requester, the type of fees generally charged by OGE. However, for each of these categories, the fees may be limited, waived or reduced in accordance with the provisions set forth in § 2604.503. In determining whether a requester belongs in any of the following categories, OGE will determine the use to which the requester will put the documents requested. If OGE has reasonable cause to doubt the use to which the requester will put the records sought, or where the use is not clear from the request itself, OGE will seek clarification before assigning the request to a specific category.

(b) Commercial use requester. OGE will charge the full costs of search, review, and duplication. Commercial use requesters are not entitled to two hours of free search time or 100 free pages of reproduction as described in § 2604.503(a); however, the minimum fees provision of § 2604.503(b) does apply to such requesters.

(c) Educational and noncommercial scientific institutions and news media. If the request is from an educational institution or a noncommercial scientific institution, operated for scholarly or scientific research, or a representative of the news media, and the request is not for a commercial use, OGE will charge only for duplication of documents, excluding charges for the first 100 pages.

(d) All other requesters. If the request is not one described in paragraph (b) or (c) of this section, OGE will charge the full and direct costs of searching for and reproducing records that are responsive to the request, excluding the first 100 pages of duplication and the first two hours of search time.

§ 2604.503 Limitations on charging fees.

(a) In general. Except for requesters seeking records for a commercial use as described in § 2604.502(b), OGE will provide, without charge, the first 100 pages of duplication and the first two hours of search time, or their cost equivalent.

(b) Minimum fees. OGE will not assess fees for individual requests if the total charge would be $10.00 or less.

(c) Waiver or reduction of fees. Records responsive to a request under 5 U.S.C. 552 will be furnished without charge or at a reduced charge if a requester can demonstrate that certain statutory standards are satisfied, including that the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. Requests for a waiver or reduction of fees will be considered on a case-by-case basis.

(1) In determining whether disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government, OGE will consider the following factors:

(i) The subject of the request: Whether the subject of the requested records concerns the operations or activities of the Government. The subject matter of the requested records, in the context of the request, must specifically and directly concern identifiable operations or activities of the Federal Government. Furthermore, the records must be sought for their informative value with respect to those Government operations or activities;

(ii) The informative value of the information to be disclosed: Whether the information is likely to contribute to an understanding of Government operations or activities. The disclosable portions of the requested records must be meaningfully informative on specific Government operations or activities in order to hold potential for contributing to increased public understanding of those operations and activities. The disclosure of information which is already in the public domain, in either a duplicative or substantially identical form, would not be likely to contribute to such understanding, as nothing new would be added to the public record;

(iii) The contribution to an understanding of the subject by the public likely to result from disclosure: Whether disclosure of the requested information will contribute to public understanding. The disclosure must contribute to the understanding of the public at large, as opposed to the individual understanding of the requester or a narrow segment of interested persons. A requester's identity and qualifications—e.g., expertise in the subject area and ability and intention to convey information to the general public—will be considered; and

(iv) The significance of the contribution to public understanding: Whether the disclosure is likely to contribute significantly to public understanding of Government operations or activities. The public's understanding of the subject matter in question, as compared to the level of public understanding existing prior to the disclosure, must be likely to be significantly enhanced by the disclosure.

(2) In determining whether disclosure of the requested information is not primarily in the commercial interest of the requester, OGE will consider the following factors:

(i) The existence and magnitude of a commercial interest: Whether the requester has a commercial interest that would be furthered by the requested disclosure. OGE will consider all commercial interests of the requester, or any person on whose behalf the requester may be acting, which would be furthered by the requested disclosure. In assessing the magnitude of identified commercial interests, consideration will be given to the effect that the information disclosed would have on those commercial interests; and

(ii) The primary interest in disclosure: Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. A fee waiver or reduction is warranted only where the public interest can fairly be regarded as greater in magnitude than the requester's commercial interest in disclosure. OGE will ordinarily presume that, where a news media requester has satisfied the public interest standard, the public interest will be served primarily by disclosure to that requester. Disclosure to data brokers and others who compile and market Government information for direct economic return will not be presumed to primarily serve the public interest.

(3) Where only a portion of the requested record satisfies the requirements for a waiver or reduction of fees under this paragraph (c), a waiver or reduction will be granted only as to that portion.

(4) A request for a waiver or reduction of fees must accompany the request for disclosure of records, and should include:

(i) A clear statement of the requester's interest in the documents;

(ii) The proposed use of the documents and whether the requester will derive income or other benefit from such use;

(iii) A statement of how the public will benefit from release of the requested documents; and

(iv) If specialized use of the documents is contemplated, a statement of the requester's qualifications that are relevant to the specialized use.

(5) A requester may appeal the denial of a request for a waiver or reduction of fees in accordance with the provisions of § 2604.304.

(d) If OGE does not comply with one of the time limits under § 2604.305, it will not assess search fees (or, in the case of a requester described under § 2604.502(c), duplication fees), unless unusual or exceptional circumstances apply, as defined in 5 U.S.C. 552(a)(6)(B) and (C).

§ 2604.504 Miscellaneous fee provisions.

(a) Notice of anticipated fees in excess of $25.00. Where OGE determines or estimates that the fees to be assessed under this section may amount to more than $25.00, it will notify the requester as soon as practicable of the actual or estimated amount of fees, unless the requester has indicated in advance the willingness to pay fees as high as those anticipated. Where a requester has been notified that the actual or estimated fees may exceed $25.00, the request will be deemed not to have been received until the requester has agreed to pay the anticipated total fee. A notice to the requester pursuant to this paragraph (a) will include the opportunity to confer with OGE personnel in order to reformulate the request to meet the requester's needs at a lower cost.

(b) Aggregating requests. A requester may not file multiple requests, each seeking portions of a document or documents in order to avoid the payment of fees. Where there is reason to believe that a requester, or group of requesters acting in concert, is attempting to divide a request into a series of requests for the purpose of evading the assessment of fees, OGE may aggregate the requests and charge accordingly. OGE will presume that multiple requests of this type made within a 30-calendar day period have been made in order to evade fees. Multiple requests regarding unrelated matters will not be aggregated.

(c) Advance payments. An advance payment before work is commenced or continued will not be required unless:

(1) OGE estimates or determines that the total fee to be assessed under this section is likely to exceed $250.00. When a determination is made that the allowable charges are likely to exceed $250.00, the requester will be notified of the likely cost and will be required to provide satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or will be required to submit an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or

(2) A requester has previously failed to pay a fee charged in a timely fashion (i.e., within 30 calendar days of the date of the billing). In such cases the requester may be required to pay the full amount owed plus any applicable interest as provided by paragraph (e) of this section, and to make an advance payment of the full amount of the estimated fee before OGE begins to process a new request.

(3) When OGE requests an advance payment of fees, the administrative time limits described in subsection (a)(6) of the FOIA will begin to run only after OGE has received the advance payment.

(d) Billing and payment. Normally OGE will require a requester to pay all fees before furnishing the requested records. However, OGE may send a bill along with, or following the furnishing of records, in cases where the requester has a history of prompt payment.

(e) Interest charges. Interest charges on an unpaid bill may be assessed starting on the 31st calendar day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717 and will accrue from the date of billing. To collect unpaid bills, OGE will follow the provisions of the Debt Collection Act of 1982, as amended (96 Stat. 1749 et seq.) including the use of consumer reporting agencies, collection agencies, and offset.

Subpart F—Annual OGE FOIA Report
§ 2604.601 Electronic posting and submission of annual OGE FOIA report.

On or before February 1 of each year, OGE will electronically post on its Web site and submit to the Office of Information and Privacy at the United States Department of Justice a report of its activities relating to the Freedom of Information Act (FOIA) during the preceding fiscal year. The report will include the information required by 5 U.S.C. 552(e).

Subpart G—Fees for the Reproduction and Mailing of Public Financial Disclosure Reports
§ 2604.701 Policy.

Fees for the reproduction and mailing of public financial disclosure reports requested pursuant to section 105 of the Ethics in Government Act of 1978, as amended, and § 2634.603 of this chapter will be assessed according to the schedule contained in § 2604.702. Requesters will pay fees by check or money order made payable to the Treasury of the United States. Except as provided in § 2604.702(d), nothing concerning fees in subpart E of this part supersedes the charges set forth in this subpart for records covered in this subpart.

§ 2604.702 Charges.

(a) Duplication. Except as provided in paragraph (c) of this section, copies of public financial disclosure reports requested pursuant to section 105 of the Ethics in Government Act of 1978, as amended, and § 2634.603 of this chapter will be provided upon payment of $0.15 per page furnished.

(b) Mailing. Except as provided in paragraph (c) of this section, the actual direct cost of mailing public financial disclosure reports will be charged for all forms requested. Where OGE elects to comply, as a matter of administrative discretion, with a request for special mailing services, the actual direct cost of such service will be charged.

(c) Minimum fees. OGE will not assess fees for individual requests if the total charge would be $10.00 or less.

(d) Miscellaneous fee provisions. The miscellaneous fee provisions set forth in § 2604.504 apply to requests for public financial disclosure reports pursuant to § 2634.603 of this chapter.

[FR Doc. 2015-23561 Filed 9-21-15; 8:45 am] BILLING CODE 6345-03-P
DEPARTMENT OF ENERGY 10 CFR Part 1046 RIN 1992-AA40 Medical, Physical Readiness, Training, and Access Authorization Standards for Protective Force Personnel AGENCY:

Office of Environment, Health, Safety and Security, Department of Energy.

ACTION:

Final rule.

SUMMARY:

On September 10, 2013, the Department of Energy (DOE or Department) issued in the Federal Register a revision to its regulations governing the standards for medical, physical performance, training, and access authorizations for protective force (PF) personnel employed by contractors providing security services to the Department. Subsequently, the DOE created a new Office of Environment, Health, Safety and Security (AU) to improve the effectiveness and efficiency of its environmental, health, safety and security policy. Certain functions that previously were carried out by the Office of Health, Safety and Security have been transferred to the new office. This final rule makes technical amendments to DOE's regulations to substitute the officials to whom or offices to which functions have been transferred pursuant to the reorganization. Today's regulatory amendments do not alter substantive rights or obligations under current law.

DATES:

The effective date of this rule is September 22, 2015.

FOR FURTHER INFORMATION CONTACT:

Mr. Richard Faiver, Office of Security Policy at (301) 903-4613; [email protected]

SUPPLEMENTARY INFORMATION: I. Background II. Section by Section Analysis III. Regulatory Review and Procedural Requirements A. Review Under the Administrative Procedure Act B. Review Under Executive Order 12866 C. Review Under the Regulatory Flexibility Act D. Review Under Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 13132 G. Review Under Executive Order 12988 H. Review Under the Unfunded Mandates Reform Act of 1995 I. Review Under Executive Order 13211 J. Review Under the Treasury and General Government Appropriations Act of 1999 K. Congressional Notification L. Approval by the Office of the Secretary of Energy I. Background

Pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the DOE Organization Act of 1977 (42 U.S.C. 7101 et seq.), DOE owns and leases defense nuclear and other facilities in various locations in the United States. These facilities are operated by DOE or by contractors (including subcontractors at all tiers) with DOE oversight. Protection of the DOE facilities is provided by armed and unarmed PF personnel employed by Federal Government contractors. These PF personnel are required to perform both routine and emergency duties, which include patrolling DOE sites, manning security posts, protecting government and contractor employees, property, and sensitive and classified information, training for potential crisis or emergency situations, and responding to security incidents. PF personnel are required to meet various job-related minimum medical and physical readiness qualification standards designed to ensure they are capable of performing all essential functions of normal and emergency PF duties without posing a direct threat to themselves or others. DOE's regulations in 10 CFR part 1046 establish the medical, physical readiness, training and performance standards for contractor PF personnel.

On September 10, 2013, DOE issued in the Federal Register a revision to its regulations at 10 CFR part 1046 (78 FR 55174). Subsequently, on May 4, 2014, DOE created a new office, AU, to improve the effectiveness and efficiency of its environment, health, safety and security policy. DOE transferred certain health, safety and security functions to the new office that previously were carried out by the Office of Health, Safety and Security. This final rule amends 10 CFR part 1046 to reflect DOE's new organizational structure. None of the regulatory amendments in this final rule alter substantive rights or obligations under current law. The modifications to 10 CFR part 1046 are described in the Section by Section Analysis in section II.

II. Section by Section Analysis

In this final rule, the Office of Health, Safety and Security organization has been renamed to the Office of Environment, Health, Safety and Security. The position title of Chief Health, Safety and Security Officer has been renamed to the Associate Under Secretary for the Office of Environment, Health, Safety and Security. DOE has removed reference(s) to the Chief Medical Officer and, where appropriate, added position title of Associate Under Secretary for the Office of Environment, Health, Safety and Security in its place. Sections that have been revised pursuant to the reorganization described above are listed below. Sections not discussed below have not changed as a result of this final rule.

Subpart A—General

1. Changes for § 1046.2, Scope, revises the language of this section to identify new organizational names and position titles.

2. Changes for § 1046.3, Definitions, revises the language of this section only to identify new organizational names and position titles.

3. Changes for § 1046.4, Physical Protection Medical Director, revises the language of this section only to identify new organizational names and position titles.

4. Changes for § 1046.5, Designated Physician, revises the language of this section only to identify new organizational names and position titles.

Subpart B—PF Personnel

5. Changes for § 1046.13, Medical certification standards and procedures, revises the language of this section only to identify new organizational names and position titles.

6. Changes for § 1046.15, Review of medical certification disqualification, revises the language of this section only to identify new organizational names and position titles.

7. Changes for § 1046.17, Training standards and procedures, revises the language of this section only to identify new organizational names and position titles.

III. Rulemaking Requirements A. Review Under the Administrative Procedure Act

This action amends the PF regulations at 10 CFR part 1046 only to identify new organizational names and position titles resulting from a reorganization of DOE's Office of Health, Safety and Security, which is now known as AU. The rule has no substantive effect on the standards for medical, physical performance, training and access authorizations for PF personnel employed by contractors providing security services to the Department. Therefore, DOE has determined that prior opportunity for public notice and comment is unnecessary and contrary to the public interest pursuant to 5 U.S.C. 553(b)(B). For these same reasons, DOE has determined that it is appropriate to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d).

B. Review Under Executive Order 12866

This action does not constitute a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735).

C. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of a regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking” (67 FR 53461, Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. DOE has made its procedures and policies available on the Office of the General Counsel's Web site (http://www.energy.gov/gc/office-general-counsel).

Because this rule is not required by law to be proposed for public comment, the analytical requirements of the Regulatory Flexibility Act do not apply. DOE has, however, reviewed today's rule under the Regulatory Flexibility Act and determined that the rule would not have a significant impact on a substantial number of small entities. This action would amend an existing rule which establishes medical and physical training requirements and standards for DOE PF personnel. The medical and physical training requirements and standards affect approximately twenty private firms (e.g., integrated Management and Operating contractors, security services contractors, and subcontractors) at the Department's facilities around the United States. Some of those firms which provide protective services are classified under NAICS Code 561612, Security Guards and Patrol Services. To be classified as a small business, they must have average annual receipts of $18.5 million or less. Some of the private firms affected by these standards and requirements would be classified as small businesses.

Because today's action identifies only organizational changes, the impact on these firms will not be significant. For this reason, DOE determines the rule will not have a significant economic impact on a substantial number of small entities.

D. Review Under Paperwork Reduction Act

No new information collection requirements subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., are imposed by this regulatory action.

E. Review Under the National Environmental Policy Act

This rule amends existing policies and procedures establishing medical and physical readiness standards for DOE PF personnel and has no significant environmental impact. Consequently, the Department has determined that this rule is covered under Categorical Exclusion A-5, of Appendix A to Subpart D, 10 CFR part 1021, which applies to a rulemaking that addresses amending an existing rule or regulation that does not change the environmental effect of the rule or regulation being amended. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

F. Review Under Executive Order 13132

Executive Order 13132, “Federalism,” (64 FR 43255, August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to develop a formal process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have “federalism implications.” Policies that have federalism implications are defined in the Executive Order to include regulations that 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.” On March 7, 2011, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735, March 14, 2000).

DOE has examined this rule and has determined that it does not have 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. No further action is required by Executive Order 13132.

G. Review Under Executive Order 12988

Section 3 of Executive Order 12988, (61 FR 4729, February 7, 1996), instructs each agency to adhere to certain requirements in promulgating new regulations. These requirements, set forth in section 3(a) and (b), include eliminating drafting errors and needless ambiguity, drafting the regulations to minimize litigation, providing clear and certain legal standards for affected legal conduct, and promoting simplification and burden reduction. Agencies are also instructed to make every reasonable effort to ensure that the regulation describes any administrative proceeding to be available prior to judicial review and any provisions for the exhaustion of administrative remedies. The Department has determined that this regulatory action meets the requirements of section 3(a) and (b) of Executive Order 12988.

H. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory action on state, local and tribal governments, and the private sector. For proposed regulatory actions likely to result in a rule that may cause expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish estimates of the resulting costs, benefits, and other effects on the national economy. UMRA also requires Federal agencies to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate.” In addition, UMRA requires an agency plan for giving notice and opportunity for timely input to small governments that may be affected before establishing a requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820, March 18, 1997). (This policy is also available at http://www.energy.gov/gc/office-general-counsel.) Today's rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. The rule would identify only organizational changes resulting from a reorganization of DOE's Office of Health, Safety and Security, which is now AU. The impact is not likely to result in the expenditure of $100 million or more in any one year.

I. Review Under Executive Order 13211

Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” (66 FR 28355, May 22, 2001) requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to the promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternates to the action and their expected benefits on energy supply, distribution, and use.

This rule is not a significant energy action, nor has it been designated as such by the Administrator of OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects.

J. Review Under the Treasury and General Government Appropriations Act, 1999

Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule or policy that may affect family well-being. Today's rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

K. Congressional Notification

As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of this final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 801(2).

L. Approval by the Office of the Secretary of Energy.

The Office of the Secretary of Energy has approved issuance of this final rule.

List of Subjects in 10 CFR Part 1046

Government contracts, Reporting and recordkeeping requirements, Security measures.

Issued in Washington, DC, on September 1, 2015. Elizabeth Sherwood-Randall, Deputy Secretary of Energy.

For the reasons set out in the preamble, DOE amends part 1046 of title 10 of the Code of Federal Regulations as set forth below:

PART 1046—MEDICAL, PHYSICAL READINESS, TRAINING, AND ACCESS AUTHORIZATION STANDARDS FOR PROTECTIVE FORCE PERSONNEL 1. The authority citation for part 1046 continues to read as follows: Authority:

42 U.S.C. 2011, et seq.; 42 U.S.C. 7101, et seq.; 50 U.S.C. 2401, et seq.

§ 1046.2 [Amended]
2. Section 1046.2 is amended: a. In paragraph (c) by removing “Chief Health, Safety and Security Officer” and adding in its place “Associate Under Secretary for the Office of Environment, Health, Safety and Security (AU-1)”; b. In paragraph (d), second sentence, by removing “the Office of Health, Safety and Security” and adding in its place “AU”; and in the third sentence, by removing “The Office of Health, Safety and Security” and adding in its place “AU-1”; and c. In paragraph (e) by removing “the Chief Health, Safety and Security Officer” and adding in its place “the Associate Under Secretary for Environment, Health, Safety and Security”.
§ 1046.3 [Amended]
3. In § 1046.3, the definition of “Designated Physician” is amended by removing “The Office of Health, Safety and Security” and adding in its place “AU-1”, and the definition of “Weapons proficiency demonstration” is amended by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”.
§ 1046.4 [Amended]
4. Section 1046.4 is amended in: a. Paragraphs (a)(1) introductory text, (a)(1)(iv), (a)(2), (a)(3), (b) introductory text, (d)(1) introductory text, and (d)(2) by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”; b. Paragraph (e), by removing “The Office of Health, Safety and Security” and adding in its place “AU-1”; c. Paragraph (f), by removing “the Office of Health, Safety and Security”, four occurrences, and adding in its place “AU-1”; and d. Paragraph (g), by removing, “the Chief Health, Safety and Security Officer”, and adding in its place “AU-1”; and by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”.
§ 1046.5 [Amended]
5. Section 1046.5(c) is amended by removing “the Office of Health, Safety and Security”, two occurrences, and adding in both places, “AU-1”.
§ 1046.13 [Amended]
6. Section 1046.13(b)(3) is amended by removing “the Chief Medical Officer” and adding in its place “AU-1”.
§ 1046.15 [Amended]
7. Section 1046.15 is amended in: a. Paragraph (c) introductory text, by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”; and in paragraph (c)(1) by removing “The Office of Health, Safety and Security” and adding in its place “AU-1”; and b. Paragraphs (c)(2), (c)(3), (c)(4) introductory text, (c)(4)(iii), (c)(5), (c)(6) introductory text, (c)(7) four occurrences, (c)(8) and (d) two occurrences, by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”.
§ 1046.17 [Amended]
8. Section 1046.17 is amended in paragraph (k)(6) by removing “the Office of Health, Safety and Security” and adding in its place “AU-1”.
[FR Doc. 2015-24083 Filed 9-21-15; 8:45 am] BILLING CODE 6450-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0245; Directorate Identifier 2014-NM-135-AD; Amendment 39-18268; AD 2015-19-06] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2012-24-10 for certain The Boeing Company Model 747-400 and -400F series airplanes. AD 2012-24-10 required installing new software, replacing the duct assembly with a new duct assembly, making wiring changes, and routing certain wire bundles. This new AD retains the requirements of AD 2012-24-10 and requires installing a new or serviceable pressure switch bracket and altitude pressure switch. This new AD also adds an airplane to the applicability. This AD was prompted by reports of intermittent or blank displays of a certain integrated display unit (IDU) that were due to an intermittent false electrical ground that was not addressed by the software installation or wiring changes required by AD 2012-24-10. We are issuing this AD to prevent IDU malfunctions, which could affect the ability of the flightcrew to read primary displays for airplane attitude, altitude, or airspeed, and consequently reduce the ability of the flightcrew to maintain control of the airplane.

DATES:

This AD is effective October 27, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 27, 2015.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0245.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.govby searching for and locating Docket No. FAA-2015-0245; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Francis Smith, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6596; fax: 425-917-6591; email: [email protected]

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012). AD 2012-24-10 applied to certain The Boeing Company Model 747-400 and -400F series airplanes. The NPRM published in the Federal Register on February 18, 2015 (80 FR 8568). The NPRM was prompted by reports of intermittent or blank displays of a certain IDU that were due to an intermittent false electrical ground that was not addressed by the software installation or wiring changes required by AD 2012-24-10.

The NPRM (80 FR 8568, February 18, 2015) proposed to retain the requirements of AD 2012-24-10. The NPRM also proposed to require installing a new or serviceable pressure switch bracket and altitude pressure switch, and add an airplane having variable number RT061 as Group 21 to the applicability of the existing AD. We are issuing this AD to prevent IDU malfunctions, which could affect the ability of the flightcrew to read primary displays for airplane attitude, altitude, or airspeed, and consequently reduce the ability of the flightcrew to maintain control of the airplane.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM (80 FR 8568, February 18, 2015) and the FAA's response.

Request To Clarify Purpose of Altitude Pressure Switch

Boeing requested that we revise the wording in the Discussion section to clarify that the altitude pressure switch provides an independent and redundant signal to the equipment cooling three-way valve. Boeing explained that the logic to transition the three-way valve through an altitude of 25,000 feet was already present through a signal from the environmental control system miscellaneous card (ECSMC). The commenter added that the logic redundancy is described correctly elsewhere in the NPRM (80 FR 8568, February 18, 2015).

We agree with the commenter's request because changing the wording clarifies the intent of Boeing Special Attention Service Bulletin 747-21-2533, dated February 13, 2014, which describes procedures for installing an altitude pressure switch on the forward side of the station 400 bulkhead for the three-way valve of the equipment cooling system. We have revised the description of the service information, which is provided in the Related Service Information under 1 CFR part 51 section in this final rule.

Conclusion

We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (80 FR 8568, February 18, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 8568, February 18, 2015).

Related Service Information Under 1 CFR Part 51

Boeing has issued the following service information.

• Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013. This service information describes procedures for changing the wiring and operating logic of the equipment cooling three-way valve and replacing the existing duct assembly with a new duct assembly on the main distribution manifold of the air conditioning system.

• Boeing Special Attention Service Bulletin 747-21-2532, dated February 13, 2014. This service information describes procedures for installing an altitude pressure switch on the forward side of the station 400 bulkhead for the three-way valve of the equipment cooling system.

• Boeing Special Attention Service Bulletin 747-21-2533, dated February 13, 2014. This service information describes procedures for adding a second altitude signal to the switching logic for the three-way valve to provide a second, independent altitude signal for the equipment cooling system.

This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

Costs of Compliance

We estimate that this AD affects 33 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Duct assembly and replacement wiring changes (retained actions from AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012) 44 work-hours × $85 per hour = $3,740 $20,121 $23,861 $787,413 Software changes (retained actions from AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012) 3 work-hours × $85 per hour = $255 0 255 8,415 Altitude pressure switch installation (new action) 13 work-hours × $85 per hour = $1,105 5,230 6,335 209,055

    According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have 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.

    For the reasons discussed above, I certify that this AD:

    (1) Is not a “significant regulatory action” under Executive Order 12866,

    (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012), and adding the following new AD: 2015-19-06 The Boeing Company: Amendment 39-18268; Docket No. FAA-2015-0245; Directorate Identifier 2014-NM-135-AD. (a) Effective Date

    This AD is effective October 27, 2015.

    (b) Affected ADs

    This AD replaces AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012).

    (c) Applicability

    This AD applies to The Boeing Company Model 747-400 and -400F series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013.

    (d) Subject

    Air Transport Association (ATA) of America Code 21, Air Conditioning; 31, Instruments.

    (e) Unsafe Condition

    This AD was prompted by reports of intermittent or blank displays of a certain integrated display unit (IDU) in the flight deck. We are issuing this AD to prevent IDU malfunctions, which could affect the ability of the flightcrew to read primary displays for airplane attitude, altitude, or airspeed, and consequently reduce the ability of the flightcrew to maintain control of the airplane.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Retained Software Update, With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012), with revised service information. Within 12 months after January 16, 2013 (the effective date of AD 2012-24-10), except as provided by paragraph (j) of this AD: Install integrated display system software, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October 3, 2011; or Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013. As of the effective date of this AD, only Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013, may be used to accomplish the actions required by this paragraph.

    Note 1 to paragraphs (g) and (j) of this AD:

    Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October 3, 2011; and Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013; refer to Boeing Service Bulletin 747-31-2426, dated July 29, 2010 (for airplanes with Rolls-Royce engines); Boeing Service Bulletin 747-31-2427, dated July 29, 2010 (for airplanes with General Electric engines); and Boeing Service Bulletin 747-31-2428, dated July 29, 2010 (for airplanes with Pratt & Whitney engines); as additional sources of guidance for the software installation specified by paragraph (g) of this AD.

    (h) Retained Duct Assembly Replacement and Wiring Changes, With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012), with revised service information. Within 60 months after January 16, 2013 (the effective date of AD 2012-24-10), except as provided by paragraph (j) of this AD: Replace the duct assembly with a new duct assembly, do wiring changes, and route certain wire bundles, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October 3, 2011; or Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013. As of the effective date of this AD, only Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013, may be used to accomplish the actions required by this paragraph.

    (i) New Installation of Pressure Switch Bracket and Altitude Pressure Switch

    Within 60 months after the effective date of this AD: Install a new or serviceable pressure switch bracket and a new or serviceable altitude pressure switch on the forward side of the station 400 bulkhead, do wiring changes, route certain wire bundles, install a new hose assembly, and perform a leak check and a functional logic test, in accordance with the Accomplishment Instructions of the service information specified in paragraph (i)(1) or (i)(2) of this AD, as applicable.

    (1) For Model 747-400F series airplanes: Boeing Special Attention Service Bulletin 747-21-2532, dated February 13, 2014.

    (2) For Model 747-400BCF series airplanes: Boeing Special Attention Service Bulletin 747-21-2533, dated February 13, 2014.

    (j) Actions for Group 21 Airplanes

    For Group 21 airplanes, as identified in Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013, do the actions specified in paragraphs (j)(1) and (j)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013.

    (1) Within 12 months after the effective date of this AD, install integrated display system software.

    (2) Within 60 months after the effective date of this AD, replace the duct assembly with a new duct assembly, do wiring changes, and route certain wire bundles.

    (k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 747-21A2523, Revision 1, dated October 3, 2011, which was incorporated by reference in AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012).

    (l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (m)(1) of this AD. Information may be emailed to: [email protected].

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (4) AMOCs approved for AD 2012-24-10, Amendment 39-17280 (77 FR 73908, December 12, 2012), are approved as AMOCs for the corresponding provisions of paragraphs (g) and (h) of this AD.

    (m) Related Information

    (1) For more information about this AD, contact Francis Smith, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6596; fax: 425-917-6591; email: [email protected].

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD.

    (n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

    (i) Boeing Alert Service Bulletin 747-21A2523, Revision 2, dated June 7, 2013.

    (ii) Boeing Special Attention Service Bulletin 747-21-2532, dated February 13, 2014.

    (iii) Boeing Special Attention Service Bulletin 747-21-2533, dated February 13, 2014.

    (3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

    (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 9, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-23539 Filed 9-21-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0753; Directorate Identifier 2014-NM-128-AD; Amendment 39-18270; AD 2015-19-08] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), Department of Transportation (DOT).

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2011-19-04, for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2011-19-04 required repetitive inspections for cracking of the left-hand and right-hand inboard and outboard elevator servo-control rod eye-ends, and corrective actions if necessary. This new AD requires an inspection to determine if certain elevator servo-control parts are installed, and replacement if necessary. This AD was prompted by a determination that certain elevator servo-control parts that do not conform to the approved type design have been installed and may have the potential of cracks in the rod eye-end. We are issuing this AD to detect and correct rod eye-end cracking, which could result in uncontrolled elevator surface and consequent reduced control of the airplane.

    DATES:

    This AD becomes effective October 27, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 27, 2015.

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of October 21, 2011 (76 FR 57630, September 16, 2011).

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 22, 2009 (74 FR 41611 August 18, 2009).

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0753; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

    For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. For UTC service information identified in this AD, contact UTC Aerospace Systems; Roger Dangremont; telephone +01 34 32 63 28; email [email protected] You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0753.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011). AD 2011-19-04 applied to all Model A318, A319, A320, and A321 series airplanes. The NPRM published in the Federal Register on October 21, 2014 (79 FR 62928). The NPRM was prompted by a determination that certain elevator servo-control parts that do not conform to the approved type design have been installed and may have the potential of cracks in the rod eye-end. The NPRM proposed to continue to require repetitive inspections of the left-hand and right-hand inboard and outboard elevator servo-control rod eye-ends for cracking, and corrective actions if necessary. The NPRM also proposed to require an inspection to determine if certain elevator servo-control parts are installed, and replacement if necessary. We are issuing this AD to detect and correct rod eye-end cracking, which could result in uncontrolled elevator surface and consequent reduced control of the airplane.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0137, dated May 28, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition. The MCAI states:

    One case of elevator servo-control disconnection was reported on an A320 family aeroplane. Investigation results revealed that the failure occurred at the servo-control rod eye-end. Prompted by this finding, additional inspections revealed cracking at the same location on a number of other servo-control rod eye-ends. In several cases, both actuators of the same elevator surface were affected.

    It was determined that the detected rod end cracks are caused by fatigue, induced by a bending effect which is linked to the spherical bearing rotational torque. As the elevator surface is neither actuated nor damped, a dual servo-control disconnection on the same elevator would result in an uncontrolled surface.

    This condition, if not corrected, could result in reduced control of the aeroplane.

    To address this potential unsafe condition, EASA issued [an airworthiness directive (later revised)] [which corresponds to FAA AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)] to require a one-time inspection of the elevator servo-control rod eye-ends for aeroplanes which had accumulated more than 10,000 flight cycles (FC) since aeroplane first flight and, in case of findings, accomplishment of corrective actions.

    As a result of EASA AD 2008-0149, a significant number of rod eye-ends were found cracked. In addition, some cracks were reported on rod eye-ends that had not yet accumulated the 10,000 FC of the established threshold.

    Prompted by these findings, EASA issued [an airworthiness directive (later revised)] [which corresponds to FAA AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)], which partially retained the initial inspection requirement of EASA AD 2008-0149, which was superseded, reduced the compliance time of the initial inspection and introduced a repetitive inspection programme.

    After EASA AD 2010-0046R1 (http://ad.easa.europa.eu/blob/easa_ad_2010_0046_R1_superseded.pdf/AD_2010-0046R1_1) was issued, a new elevator servo-control rod eye-end was developed, incorporating a re-greasable roller bearing.

    Consequently, EASA issued [EASA] AD 2013-0309 (later corrected) (http://ad.easa.europa.eu/blob/easa_ad_2013_0309_superseded.pdf/AD_2013-0309_1), retaining the requirements of EASA AD 2010-0046R1, which was superseded, and introduced an optional terminating action for the repetitive inspections by replacing the existing elevator servo-control rod eye-ends with the new elevator servo-control rod eye-end. In addition, that [EASA] AD prohibited, for aeroplanes that incorporate this optional modification, (re)installation of unmodified elevator servo-controls.

    At the time that EASA AD 2013-0309 was issued, it was planned that Airbus would proceed with the certification of certain elevator servo-controls, Part Number (P/N) 31075-0xx, P/N 31075-1xx and P/N 31075-3xx (originally certified only for installation on Model A320-111 aeroplanes, which are no longer in service), to allow installation of those parts on other A320 family aeroplane Models.

    Since that [EASA] AD was issued, Airbus decided not to progress with certification of the affected elevator servo-controls for installation on other Models.

    For the reason described above, and because of evidence that such parts remain available as spares in the field, this [EASA] AD retains the requirements of EASA AD 2013-0309, which is superseded, and adds a prohibition to install the affected elevator servo-controls that were only intended for A320-111 aeroplanes.

    This AD requires an inspection to determine whether any elevator control part having P/N 31075-0xx, 31075-1xx, or 31075-3xx is installed, and replacement if necessary.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0753-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 62928, October 21, 2014) and the FAA's response to each comment.

    Request To Clarify Affected Airplanes for Certain Proposed Requirements

    United Airlines (UAL) requested that, for clarity reasons, we revise the identity of affected airplanes in paragraphs (g) through (j) of the proposed AD (79 FR 62928, October 21, 2014) to pertain only to elevator servo-controls having part number (P/N) 341203 or P/N 341203-xxx rod eye-ends. UAL stated that per Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011; and Goodrich Service Bulletin 31075-27-22, dated July 2, 2013, it understands that only the rod eye-ends fitted with self-lubricating spherical bearings are required to have initial and repetitive inspections for cracks.

    We partially agree with the commenter's request. We agree that only certain elevator servo-controls and rod eye-ends are affected. However, paragraph (n) of this AD addresses the commenter's concern. Paragraph (n) of this AD identifies airplanes that are not affected by the requirements of paragraphs (g), (h), (k) and (l) of this AD. We have not changed this AD as requested by the commenter, but we have revised the heading of paragraph (n) of this AD to more accurately reflect the content of that paragraph.

    Request To Permit the Use of Serviceable Parts, and Relocate the Definition of Serviceable Parts

    UAL requested that we permit the use of serviceable parts in paragraph (l)(1) of the proposed AD (79 FR 62928, October 21, 2014), and move the definition of a serviceable part from paragraph (l)(2) of the proposed AD to paragraph (l)(1) of the proposed AD.

    We agree with the commenter's requests. We have determined that the use of serviceable parts is acceptable as replacement parts in paragraph (l)(1) of this AD. We have changed the wording of paragraph (l)(1) of this AD to specify that serviceable parts may be used as replacement parts. We have also moved the definition of serviceable parts from paragraph (l)(2) of this AD to paragraph (l)(1) of this AD since both paragraphs (l)(1) and (l)(2) of this AD specify the use of serviceable parts.

    Request To Revise Service Information Title

    UAL requested that we revise paragraph (l)(2) of the proposed AD (79 FR 62928, October 21, 2014) to replace the service information nomenclature from Goodrich Service Bulletin 31075-27-22, dated July 2, 2013, to UTC Aerospace Systems Service Bulletin 31075-27-22, dated July 2, 2013.

    We agree with the commenter's request. The requested service bulletin title change is correct. We have revised paragraph (l)(2) of this AD accordingly.

    Conclusion

    We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously and minor editorial changes. We have determined that these changes:

    • Are consistent with the intent that was proposed in the NPRM (79 FR 62928, October 21, 2014) for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 62928, October 21, 2014).

    We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-27-1223, dated September 3, 2013; and UTC Aerospace Systems Service Bulletin 31075-27-22, dated July 2, 2013. The service information describes procedures for modifying and replacing the elevator servo-control eye-end. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

    Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.

    The actions that are required by AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), and retained in this AD take about 25 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2011-19-04 is $2,125 per product.

    We also estimate that it would take about 14 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $1,012,690, or $1,190 per product.

    In addition, we estimate that any necessary follow-on actions would take about 2 work-hours and require parts costing $4,000, for a cost of $4,170 per product. We have no way of determining the number of aircraft that might need this action.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have 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.

    For the reasons discussed above, I certify that this AD:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0753; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), and adding the following new AD: 2015-19-08 Airbus: Amendment 39-18270; Docket No. FAA-2014-0753; Directorate Identifier 2014-NM-128-AD. (a) Effective Date

    This AD becomes effective October 27, 2015.

    (b) Affected ADs

    This AD replaces AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011).

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.

    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233 airplanes.

    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 27, Flight Controls.

    (e) Reason

    This AD was prompted by a determination that certain elevator servo-control parts that do not conform to the approved type design have been installed and may have the potential of cracks in the rod eye-end. We are issuing this AD to detect and correct rod eye-end cracking, which could result in uncontrolled elevator surface and consequent reduced control of the airplane.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Retained Inspections

    This paragraph restates the requirements of paragraph (g) of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), with no changes.

    (1) At the applicable times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD: Inspect both the left-hand and right-hand inboard elevator servo-control rod eye-ends for cracking, in accordance with the instructions of Airbus All Operators Telex (AOT) A320-27A1186, Revision 04, dated April 3, 2009; or the Accomplishment Instructions of Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011. As of October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), use Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011.

    (i) For airplanes that have accumulated 10,000 total flight cycles or more as of September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)): At the later of the times specified in paragraphs (g)(1)(i)(A) and (g)(1)(i)(B) of this AD.

    (A) Within 1,500 flight cycles after September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)).

    (B) Within 1,500 flight cycles after accumulating 10,000 total flight cycles since first flight of the airplane.

    (ii) For airplanes that have accumulated less than 10,000 total flight cycles as of September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)): At the later of the times specified in paragraphs (g)(1)(ii)(A) and (g)(1)(ii)(B) of this AD.

    (A) Before the accumulation of 5,000 total flight cycles.

    (B) Within 20 months after October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)) but no later than before the accumulation of 11,500 total flight cycles.

    (2) At the applicable time specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD: Inspect both the left-hand and right-hand outboard elevator servo-control rod eye-ends for cracking, in accordance with the instructions of Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009; or the Accomplishment Instructions of Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011. As of October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), use Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011.

    (i) For airplanes that have accumulated 10,000 total flight cycles or more as of September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)): At the later of the times specified in paragraphs (g)(2)(i)(A) and (g)(2)(i)(B) of this AD.

    (A) Within 3,000 flight cycles after September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)).

    (B) Within 3,000 flight cycles after accumulating 10,000 total flight cycles since first flight of the airplane.

    (ii) For airplanes that have accumulated less than 10,000 total flight cycles as of September 22, 2009 (the effective date of AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009)): At the later of the times specified in paragraphs (g)(2)(ii)(A) and (g)(2)(ii)(B) of this AD.

    (A) Before the accumulation of 7,500 total flight cycles.

    (B) Within 40 months after October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), but no later than before the accumulation of 13,000 total flight cycles.

    (h) Retained Repetitive Inspections

    This paragraph restates the requirements of paragraph (h) of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), with no changes. Repeat the inspections of the left-hand and right-hand inboard and outboard elevator servo-control rod eye-ends for cracking as required by paragraphs (g)(1) and (g)(2) of this AD at the later of the times specified in paragraph (h)(1) or (h)(2) of this AD. Repeat the inspections thereafter at intervals not to exceed 5,000 flight cycles.

    (1) Within 5,000 flight cycles after the last inspection required by paragraph (g)(1) or (g)(2) of this AD as applicable.

    (2) Within 6 months after October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)).

    (i) Retained Corrective Actions

    This paragraph restates the requirements of paragraph (i) of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), with no changes. If any cracking is found during any inspection required by paragraph (g) or (h) of this AD, before further flight, accomplish all applicable corrective actions, in accordance with the Accomplishment Instructions and figures of Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011.

    (j) Retained Parts Installation Limitation for Elevator Servo-Control Rod Eye-Ends

    This paragraph restates the requirements of paragraph (j) of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), with a new exception. As of October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57360, September 16, 2011)), and except as required by paragraph (p) of this AD, no person may install on any airplane an elevator servo-control rod eye-end unless it is new or has been inspected in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011, with no crack findings.

    (k) New Requirement of This AD: Inspection To Determine Part Numbers

    As of the effective date of this AD: At the later of the times specified in paragraphs (k)(1) and (k)(2) of this AD, do an inspection to determine whether any elevator control part having part number (P/N) 31075-0xx, 31075-1xx, or 31075-3xx is installed. A review of airplane maintenance records is acceptable in lieu of this inspection if the part numbers of the elevator control parts can be conclusively determined from that review.

    (1) Concurrently with the accomplishment of the next inspection required by paragraph (g) or (h) of this AD.

    (2) Within 30 days after the effective date of this AD.

    (l) New Requirement of This AD: Replacement of Certain Parts

    If the inspection required by paragraph (k) of this AD reveals that any elevator servo-controls having P/Ns 31075-0xx, 31075-1xx, or 31075-3xx are installed: Before further flight, do the actions specified in paragraph (l)(1) or (l)(2) of this AD.

    (1) Replace all elevator servo-controls having P/N 31075-0xx, 31075-1xx, or 31075-3xx with serviceable parts having P/N 31075-2xx or 31075-4xx, as applicable, using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). Serviceable parts are those that have been inspected for cracks in the rod eye-ends without any crack findings, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27A1186, Revision 07, dated March 2, 2011.

    (2) Replace all elevator servo-controls having P/N 31075-0xx, 31075-1xx, or 31075-3xx with serviceable parts having P/N 31075-6xx or 31075-8xx, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27-1223, dated September 3, 2013; or UTC Aerospace Systems Service Bulletin 31075-27-22, dated July 2, 2013.

    (m) New Optional Terminating Action for Certain Inspections

    Modification of an airplane by replacing all 4 elevator servo-control rod eye-ends with modified (i.e. re-greasable) parts, and re-identification of those elevator servo-controls to P/N 31075-6xx or P/N 31075-8xx, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27-1223, dated September 3, 2013; constitutes terminating action for the requirements of paragraphs (g), (h), (k), and (l) of this AD.

    Note 1 to paragraph (m) of this AD:

    Maintenance Review Board Report task reference 27.34.00/06, Lubrication of Elevator Servo-control Rod Eye End Bearing, is applicable to elevator servo-controls having P/N 31075-6xx or P/N 31075-8xx.

    (n) Airplanes Excluded From Certain Inspection Requirements

    Airplanes on which Airbus Modification 154554 (installation of servo-controls having P/N 31075-6xx or P/N 31075-8xx, fitted with modified rod eye-end roller bearing) has been embodied in production are not affected by the requirements of paragraphs (g), (h), (k), and (l) of this AD, provided that no elevator servo-control having P/N 31075-0xx, or P/N 31075-1xx, or P/N 31075-2xx, or P/N 31075-3xx, or P/N 31075-4xx, fitted with rod eye-end assembly P/N 341203-xxx, has been reinstalled since first flight.

    (o) Credit for Previous Actions

    (1) This paragraph restates the credit specified in paragraph (k) of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011).

    (i) This paragraph provides credit for actions required by paragraphs (g)(1) and (g)(2) of this AD, if those actions were performed before October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), using the service information specified in paragraphs (o)(1)(i)(A) through (o)(1)(i)(E) of this AD.

    (A) Airbus AOT A320-27A1186, dated June 23, 2008, which is not incorporated by reference in this AD.

    (B) Airbus AOT A320-7A1186, Revision 01, dated August 11, 2008, which is not incorporated by reference in this AD.

    (C) Airbus AOT A320-7A1186, Revision 02, dated March 30, 2009, which is not incorporated by reference in this AD.

    (D) Airbus AOT 320-7A1186, Revision 03, dated April 1, 2009, which is not incorporated by reference in this AD.

    (E) Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009, which was incorporated by reference in AD 2009-17-04, Amendment 39-15995 (74 FR 41611, August 18, 2009), which continues to be incorporated by reference in this AD.

    (ii) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), using Airbus Service Bulletin A320-27A1186, Revision 05, dated March 10, 2010; or Airbus Service Bulletin A320-27A1186, Revision 06, dated December 14, 2010; which are not incorporated by reference in this AD.

    (2) This paragraph provides credit for actions required by paragraph (i) of this AD, if those actions were performed before October 21, 2011 (the effective date of AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011)), using Airbus Service Bulletin A320-27A1186, Revision 06, dated December 14, 2010, which is not incorporated by reference in this AD.

    (p) New Parts Installation Prohibition

    (1) As of the effective date of this AD, no person may install on any airplane an elevator servo-control having P/N 31075-0xx, 31075-1xx, or 31075-3xx.

    (2) No person may install on any airplane an elevator servo-control having P/N 31075-2xx or P/N 31075-4xx, or an elevator servo-control rod eye-end having P/N 341203 or P/N 341203-XXX, as required by paragraphs (p)(2)(i) and (p)(2)(ii) of this AD, as applicable.

    (i) For airplanes that do not have Airbus Modification 154554 embodied in production: After optional modification of the airplane as specified in paragraph (m) of this AD.

    (ii) For airplanes on which Airbus Modification 154554 has been embodied in production: As of the effective date of this AD.

    (q) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. Information may be emailed to: [email protected]

    (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (ii) AMOCs approved previously for AD 2011-19-04, Amendment 39-16809 (76 FR 57630, September 16, 2011), are approved as AMOCs for the corresponding provisions of this AD.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0137, dated May 28, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0753.

    (2) Airbus Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (s)(6) and (s)(8) of this AD.

    (s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

    (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.

    (3) The following service information was approved for IBR on October 27, 2015.

    (i) Airbus Service Bulletin A320-27-1223, dated September 3, 2013.

    (ii) UTC Aerospace Systems Service Bulletin 31075-27-22, dated July 2, 2013.

    (4) The following service information was approved for IBR on October 21, 2011 (76 FR 57630, September 16, 2011).

    (i) Airbus Service Bulletin A320-27A1186, Revision 07, including Appendices 1, 2, 3, 4, 5, and 6, dated March 2, 2011.

    (ii) Reserved.

    (5) The following service information was approved for IBR on September 22, 2009 (74 FR 41611, August 18, 2009).

    (i) Airbus All Operators Telex A320-27A1186, Revision 04, dated April 3, 2009. The document number and issue date of Airbus AOT A320-27A1186, Revision 04, dated April 3, 2009, are specified only on the first page of the AOT.

    (ii) Reserved.

    (6) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com.

    (7) For UTC service information identified in this AD, contact UTC Aerospace Systems; Roger Dangremont; telephone +01 34 32 63 28; email [email protected]

    (8) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    (9) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 11, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-23541 Filed 9-21-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 886 [Docket No. FDA-2015-N-3044] Medical Devices; Ophthalmic Devices; Classification of the Oral Electronic Vision Aid AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Final order.

    SUMMARY:

    The Food and Drug Administration (FDA) is classifying the oral electronic vision aid into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the oral electronic vision aid's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

    DATES:

    This order is effective September 22, 2015. The classification was applicable on June 18, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dexiu Shi, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2246, Silver Spring, MD, 20993-0002, 301-796-6470, [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976 (the date of enactment of the Medical Device Amendments of 1976), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval, unless and until the device is classified or reclassified into class I or II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i), to a predicate device that does not require premarket approval. The Agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations.

    Section 513(f)(2) of the FD&C Act (21 U.S.C. 360c(f)(2)), as amended by section 607 of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144), provides two procedures by which a person may request FDA to classify a device under the criteria set forth in section 513(a)(1). Under the first procedure, the person submits a premarket notification under section 510(k) of the FD&C Act for a device that has not previously been classified and, within 30 days of receiving an order classifying the device into class III under section 513(f)(1), the person requests a classification under section 513(f)(2). Under the second procedure, rather than first submitting a premarket notification under section 510(k) and then a request for classification under the first procedure, the person determines that there is no legally marketed device upon which to base a determination of substantial equivalence and requests a classification under section 513(f)(2) of the FD&C Act. If the person submits a request to classify the device under this second procedure, FDA may decline to undertake the classification request if FDA identifies a legally marketed device that could provide a reasonable basis for review of substantial equivalence with the device or if FDA determines that the device submitted is not of “low-moderate risk” or that general controls would be inadequate to control the risks and special controls to mitigate the risks cannot be developed.

    In response to a request to classify a device under either procedure provided by section 513(f)(2) of the FD&C Act, FDA will classify the device by written order within 120 days. This classification will be the initial classification of the device.

    On August 7, 2013, Wicab Inc., submitted a request for classification of the BrainPort V100 under section 513(f)(2) of the FD&C Act. The manufacturer recommended that the device be classified into class II (Ref. 1).

    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed the request in order to classify the device under the criteria for classification set forth in section 513(a)(1). FDA classifies devices into class II if general controls by themselves are insufficient to provide reasonable assurance of safety and effectiveness, but there is sufficient information to establish special controls to provide reasonable assurance of the safety and effectiveness of the device for its intended use. After review of the information submitted in the request, FDA determined that the device can be classified into class II with the establishment of special controls. FDA believes these special controls, in addition to general controls, will provide reasonable assurance of the safety and effectiveness of the device.

    Therefore, on June 18, 2015, FDA issued an order to the requestor classifying the device into class II. FDA is codifying the classification of the device by adding 21 CFR 886.5905.

    Following the effective date of this final classification order, any firm submitting a premarket notification (510(k)) for an oral electronic vision aid will need to comply with the special controls named in this final order. The device is assigned the generic name oral electronic vision aid, and it is identified as a battery-powered prescription device that contains an electrode stimulation array to generate electrotactile stimulation patterns that are derived from digital object images captured by a camera. It is intended to aid profoundly blind patients in orientation, mobility, and object recognition as an adjunctive device to other assistive methods such as a white cane or a guide dog.

    FDA has identified the following risks to health associated specifically with this type of device, as well as the mitigation measures required to mitigate these risks in table 1.

    Table 1—Oral Electronic Vision Aid Risks and Mitigation Measures Identified risk Mitigation method Irritation, Discomfort or Adverse Events Involving the Mouth, Tongue, or Gums Clinical Testing.
  • Labeling.
  • Adverse Tissue Reaction Biocompatibility Testing.
  • Labeling.
  • Unit (Hardware) Malfunction, Functional Reliability Non-Clinical Performance Testing.
  • Clinical Testing.
  • Labeling.
  • Software Malfunction Software Verification, Validation, and Hazard Analysis. Use Error Clinical Testing.
  • Healthcare Professional Training.
  • Patient Training.
  • Labeling.
  • Interference with Other Devices Electromagnetic Compatibility and Electromagnetic Interference Testing.
  • Wireless Coexistence Testing.
  • Labeling.
  • Electrical Shock Electrical Safety Testing.
  • Labeling.
  • FDA believes that the following special controls, in combination with the general controls, address these risks to health and provide reasonable assurance of the safety and effectiveness:

    • Clinical performance testing must demonstrate an acceptable adverse event profile, including adverse events involving the mouth, tongue, and gums and demonstrate the effect of the stimulation to provide clinically meaningful outcomes. The clinical performance testing must also investigate the anticipated conditions of use, including potential use error, intended environment of use, and duration of use.

    • Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use, including simulated moisture ingress, device durability, and battery reliability.

    • Software verification, validation, and hazard analysis must be performed.

    • Analysis/testing must validate electromagnetic compatibility.

    • Analysis/testing must validate electrical safety.

    • Analysis/testing must assess and validate wireless coexistence concerns.

    • Any elements of the device that contact the patient must be demonstrated to be biocompatible.

    • Training must include elements to ensure that the healthcare provider and user can identify the safe environments for device use, use all safety features of the device, and operate the device in the intended environment of use.

    • Labeling for the trainer and user must include a summary of the clinical testing including adverse events encountered under use conditions, summary of study outcomes and endpoints, and information pertinent to use of the device including the conditions under which the device was studied (e.g., level of supervision or assistance, and environment of use).

    Oral electronic vision aid devices are prescription devices restricted to patient use only upon the authorization of a practitioner licensed by law to administer or use the device; see 21 CFR 801.109 (Prescription devices).

    Section 510(m) of the FD&C Act provides that FDA may exempt a class II device from the premarket notification requirements under section 510(k) of the FD&C Act, if FDA determines that premarket notification is not necessary to provide reasonable assurance of the safety and effectiveness of the device. For this type of device, FDA has determined that premarket notification is necessary to provide reasonable assurance of the safety and effectiveness of the device. Therefore, this device type is not exempt from premarket notification requirements. Persons who intend to market this type of device must submit to FDA a premarket notification, prior to marketing the device, which contains information about the oral electronic vision aid they intend to market.

    II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

    III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to previously approved collections of information found in other FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in part 807, subpart E, regarding premarket notification submissions have been approved under OMB control number 0910-0120, and the collections of information in 21 CFR part 801, regarding labeling have been approved under OMB control number 0910-0485.

    IV. Reference

    The following reference has been placed on display in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday, and is available electronically at http://www.regulations.gov.

    1. DEN130039: De Novo Request per 513(f)(2) from Wicab Inc., dated August 7, 2013. List of Subjects in 21 CFR Part 886

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 886 is amended as follows:

    PART 886—OPHTHALMIC DEVICES 1. The authority citation for 21 CFR part 886 continues to read as follows: Authority:

    21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

    2. Add § 886.5905 to subpart F to read as follows:
    § 886.5905 Oral electronic vision aid.

    (a) Identification. An oral electronic vision aid is a battery-powered prescription device that contains an electrode stimulation array to generate electrotactile stimulation patterns that are derived from digital object images captured by a camera. It is intended to aid profoundly blind patients in orientation, mobility, and object recognition as an adjunctive device to other assistive methods such as a white cane or a guide dog.

    (b) Classification. Class II (special controls). The special controls for this device are:

    (1) Clinical performance testing must demonstrate an acceptable adverse event profile, including adverse events involving the mouth, tongue, and gums and demonstrate the effect of the stimulation to provide clinically meaningful outcomes. The clinical performance testing must also investigate the anticipated conditions of use, including potential use error, intended environment of use, and duration of use.

    (2) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use, including simulated moisture ingress, device durability, and battery reliability.

    (3) Software verification, validation, and hazard analysis must be performed.

    (4) Analysis/testing must validate electromagnetic compatibility.

    (5) Analysis/testing must validate electrical safety.

    (6) Analysis/testing must assess and validate wireless coexistence concerns.

    (7) Any elements of the device that contact the patient must be demonstrated to be biocompatible.

    (8) Training must include elements to ensure that the healthcare provider and user can identify the safe environments for device use, use all safety features of the device, and operate the device in the intended environment of use.

    (9) Labeling for the trainer and user must include a summary of the clinical testing including adverse events encountered under use conditions, summary of study outcomes and endpoints, and information pertinent to use of the device including the conditions under which the device was studied (e.g., level of supervision or assistance, and environment of use).

    Dated: September 16, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-24026 Filed 9-21-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management 30 CFR Parts 519, 550, 551, 553, 556, 560, 580, 581, 582, and 585 [Docket No. BOEM-2015-0060; MMAA 104000] RIN 1010-AD94 Updating Addresses and Contact Information in the Bureau of Ocean Energy Management's Regulations AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Direct final rule.

    SUMMARY:

    In this rule, BOEM amends its existing regulations by: Updating address locations; removing an outdated Web site address and correcting a form number; changing the term “Associate Director” to “Deputy Director” in the regulations; and other housekeeping changes, such as removing reference to a URL hyperlink for a Web page that no longer exists.

    DATES:

    This rule is effective September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Robert Samuels, Office of Policy, Regulation and Analysis, BOEM, 45600 Woodland Road, Sterling, VA 20166; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Rulemaking Procedure

    This rule pertains solely to administrative changes. It makes no changes to the substantive legal rights, obligations, or interests of affected parties. This rule, therefore, is a “rule of agency organization, procedure or practice” and is, therefore, exempt from the notice-and-comment requirements of 5 U.S.C. 553 under 5 U.S.C. 553(b)(A).

    II. Overview of the Direct Final Rule

    In early 2015, many of BOEM's headquarters' offices moved from Herndon, Virginia to Sterling, Virginia. References in the 30 CFR part 550 regulations to the Herndon, Virginia location are updated in this rule to reflect the Sterling, Virginia location. This rule also updates other addresses in 30 CFR part 519. Also, the existing regulations contain references to the title “Associate Director,” which is a remnant of BOEM's predecessor agency, the Minerals Management Service. This rule changes “Associate Director” to “Deputy Director” in the current regulations. This rule also makes other housekeeping changes, such as removing reference to a URL hyperlink for a Web page that no longer exists.

    III. Section-by-Section Analysis of Direct Final Rule 30 CFR Part 519 (Distribution and Disbursement of Royalties, Rentals, and Bonuses) Section 519.410 What does this subpart contain?

    Section 519.410(b) contains contact information for the Office of Natural Resources Revenue Financial Management Program Manager. The Direct Final Rule updates the address and phone number.

    30 CFR Part 550 (Oil and Gas and Sulfur Operations in the Outer Continental Shelf) Section 550.126 Electronic Payment Instructions

    Section 550.126 states that all payments must be made electronically through Pay.gov. This section also states incorrectly that the Pay.gov Web site can be accessed by going to http://www.boem.gov/offshore. That Web page no longer exists and is therefore deleted. The Direct Final Rule retains the correct Pay.gov URL.

    Section 550.199 Paperwork Reduction Act Statements—Information Collection

    The address for BOEM's Information Collection Officer changed as a result of BOEM's move from Herndon, Virginia, to Sterling, Virginia. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    Section 550.1153 When must I conduct a static bottomhole pressure survey?

    The current regulations refer to Form BOEM-140, Bottomhole Pressure Survey Report. The form number is actually 0140. The Direct Final Rule updates the form number to reflect this.

    Section 550.1454 How may I request a hearing on the record on a Notice of Noncompliance?

    Section 550.1454 describes how to request a hearing on a Notice of Noncompliance with the Hearings Divisions of the Office of Hearings and Appeals. The address provided for the Hearings Division is 801 North Quincy Street, Arlington, Virginia 22203. The address for the Hearings Division is actually 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. The Direct Final Rule provides the correct Salt Lake City, Utah address for this section.

    Section 550.1456 May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?

    Section 550.1456 provides the Arlington, Virginia address for the Office of Hearings and Appeals' Hearings Division. The Direct Final Rule provides the correct Salt Lake City, Utah address for this section.

    Section 550.1462 How may I request a hearing on the record on a Notice of Noncompliance regarding violations without a period to correct?

    Section 550.1462 provides the Arlington, Virginia address for the Office of Hearings and Appeals' Hearings Division. The Direct Final Rule provides the updated Salt Lake City, Utah address for this section.

    Section 550.1464 May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?

    Section 550.1464 provides the Arlington, Virginia address for the Office of Hearings and Appeals' Hearings Division. The Direct Final Rule provides the updated Salt Lake City, Utah address for this section.

    Section 550.1495 How do I demonstrate financial solvency?

    Paragraph (a) of § 550.1495 describes how an audited consolidated balance sheet must be submitted to demonstrate financial solvency under part 550. The section provides contact information for BOEM's Alaska, Gulf of Mexico, and Pacific Offices, including contact information for specific individuals, the office addresses, and phone numbers. To maintain accuracy of the contact information, the Direct Final Rule updates this section to provide the general contact information for each office, including the address and phone number. It does not provide contact information for a specific individual. It provides an updated phone number for the Alaska Office, an updated phone number for the Gulf of Mexico Office, and an updated street address and phone number for the Pacific Office.

    30 CFR Part 551 (Geological and Geophysical (G&G) Explorations of the Outer Continental Shelf) Section 551.5 Applying for Permits or Filing Notices

    Paragraph (d) of § 551.5 provides filing locations for BOEM offices when a permittee is applying for a permit or filing a notice. The Direct Final Rule provides an updated street address for BOEM's Alaska office and an updated street address for BOEM's Pacific Office.

    Section 551.15 Authority for Information Collection

    The address for BOEM's Information Collection Officer changed as a result of BOEM's move from Herndon, Virginia, to Sterling, Virginia. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    Section 551.7 Test Drilling Activities Under a Permit

    Paragraph (d)(4) of § 551.7 states the bond must be on a form approved by BOEM's Associate Director. BOEM does not have an Associate Director. Accordingly, this section of the Direct Final Rule changes the Associate Director to Deputy Director.

    30 CFR Part 553 (Oil Spill Financial Responsibility for Offshore Facilities) Section 553.5 What is the authority for collecting Oil Spill Financial Responsibility (OSFR) information?

    Paragraph (d) of § 553.5 provides contact information for BOEM's Information Collection Officer. The address for BOEM's Information Collection Officer changed as a result of BOEM's move from Herndon, Virginia, to Sterling, Virginia. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    30 CFR Part 556 (Leasing of Sulfur or Oil and Gas in the Outer Continental Shelf) Section 556.0 Authority for Information Collection

    Paragraph (d) provides the new Sterling, VA address for sending comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden.

    Section 556.54 General Requirements for Bonds

    Paragraphs (b) and (f) state that bonds must be on a form approved by BOEM's Associate Director. BOEM does not have an Associate Director. Accordingly, this section of the Direct Final Rule replaces the term Associate Director with Deputy Director.

    30 CFR Part 560 (Outer Continental Shelf Oil and Gas Leasing) Section 560.3 What is BOEM's authority to collect information?

    Paragraph (b) of § 560.3 provides contact information for BOEM's Information Collection Officer. The address for BOEM's Information Collection Officer changed as a result of BOEM's move from Herndon, Virginia, to Sterling, Virginia. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    30 CFR Part 580 (Outer Continental Shelf Oil and Gas Leasing) Section 580.13 Where must I send my application or notification?

    Section 580.13 provides contact information for BOEM's regional offices related to applying for a permit or filing a notice. The Direct Final rule updates the addresses for BOEM's Gulf of Mexico and Pacific offices.

    Section 580.80 Paperwork Reduction Act Statement—Information Collection

    Paragraph (e) of § 580.80 provides contact information for BOEM's Information Collection Officer. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    30 CFR Part 581 (Leasing of Minerals Other Than Oil, Gas, and Sulfur in the Outer Continental Shelf) Section 581.33 Bonds and Bonding Requirements

    Paragraph (b) of § 581.33 states that all bonds to guarantee payment of the deferred portion of the high cash bonus bid furnished by the lessee must be in a form or on a form approved by BOEM's Associate Director. This section of the Direct Final Rule changes the Associate Director to Deputy Director.

    30 CFR Part 582 (Operations in the Outer Continental Shelf for Minerals Other Than Oil, Gas, and Sulfur) Section 582.40 Bonds

    Paragraph (b) of § 582.40 states all bonds furnished by a lessee or operator must be in a form approved by the Associate Director for Offshore Energy and Minerals Management. The Direct Final Rule changes Associate Director for Offshore Energy and Minerals Management to appropriate BOEM official.

    30 CFR Part 585 (Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf) Section 585.110 How do I submit plans, applications, reports, or notices required by this part?

    Paragraph (a) of § 585.110 states that all plans, applications, reports, or notices required by part 585 must be submitted to the Associate Director at the Herndon, Virginia address. The Direct Final Rule changes Associate Director to Deputy Director and changes the Herndon, Virginia address to the Sterling, Virginia address.

    Section 585.114 Paperwork Reduction Act Statements—Information Collection

    Paragraph (d) of § 585.114 provides contact information for BOEM's Information Collection Officer. The address for BOEM's Information Collection Officer changed as a result of BOEM's move from Herndon, Virginia, to Sterling, Virginia. The Direct Final Rule updates the address in this section to 45600 Woodland Road, Sterling, VA 20166.

    Section 585.115 Documents Incorporated by Reference

    Paragraph (d) of § 585.115 involves documents incorporated by reference. It announces that the public may inspect these documents at the Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166, (703) 787-1605; or at the National Archives and Records Administration (NARA).

    IV. Legal and Regulatory Analyses A. Statutes 1. Data Quality Act

    In developing this rule, we did not conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106-554, app. C sec. 515, 114 Stat. 2763, 2763A-153- 154).

    2. National Environmental Policy Act (NEPA) of 1969

    This rule does not constitute a major Federal action significantly affecting the quality of the human environment. We evaluated this rule under the criteria of the National Environmental Policy Act, 43 CFR part 46 and 516 Departmental Manual 15. This rule meets the criteria set forth in 43 CFR 46.210(i) in that this direct final rule is “. . . of an administrative, financial, legal, technical, or procedural nature . . .” This rule also meets the criteria set forth in 516 Departmental Manual 15.4(C)(1) for a “Categorical Exclusion” in that its impacts are limited to administrative, economic or technological effects. Further, we have evaluated this direct final rule to determine if it involves any of the extraordinary circumstances that would require an environmental assessment or an environmental impact statement as set forth in 43 CFR 46.215. We concluded this rule does not meet any of the criteria for extraordinary circumstances as set forth therein.

    3. Paperwork Reduction Act (PRA) of 1995

    This rule does not contain new information collection requirements, and a submission under the PRA is not required. Therefore, an information collection request is not being submitted to the Office of Management and Budget (OMB) for review and approval under 44 U.S.C. 3501 et seq.

    4. Regulatory Flexibility Act

    BOEM certifies that this rule does not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. This rulemaking affects large and small entities through the clarification of the existing regulatory requirements in BOEM regulations.

    5. Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. We anticipate no significant employment or small business effects. This rule:

    a. Does not have an annual effect on the economy of $100 million or more;

    b. Does not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies; or geographic regions; and

    c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.

    6. Unfunded Mandates Reform Act of 1995

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

    B. Executive Orders 1. E.O. 12630—Takings Implication Assessment

    This rule does not affect a taking of private property or otherwise have taking implications under E.O. 12630. This rule is not a governmental action capable of interference with constitutionally protected property rights. A takings implication assessment is not required.

    2. E.O. 12866 and E.O. 13563—Regulatory Planning and Review and Improving Regulation and Regulatory Review

    OMB has not reviewed this rulemaking under section 6(a)(3) of E.O. 12866. BOEM does not believe this rulemaking constitutes a “significant regulatory action” under E.O. 12866 based on the following:

    a. The requirements in this rule will not have an effect of $100 million or more on the economy;

    b. The rule will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

    c. This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

    d. This rule will not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; and

    e. This rule will not raise any novel legal or policy issues.

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

    3. E.O. 12988—Civil Justice Reform

    This rule complies with the requirements of E.O. 12988. Specifically, this rule:

    (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and

    (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards.

    4. E.O. 13132—Federalism

    Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This rule does not substantially affect the relationship between Federal and State governments. To the extent State and local governments have a role in OCS activities, this rule does not affect that role. A federalism summary impact statement is not required.

    5. E.O. 13175—Consultation and Coordination With Indian Tribal Governments

    The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department's consultation policy and under the criteria in E.O. 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department's tribal consultation policy is not required.

    6. E.O. 13211—Effects on the Nation's Energy Supply

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

    7. Presidential Memorandum of June 1, 1998, on Regulation Clarity

    We are required by Executive Orders 12866 (section 1 (b)(12)), 12988 (section 3(b)(l)(B)), and 13563 (section l(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:

    a. Be logically organized;

    b. Use the active voice to address readers directly;

    c. Use common, everyday words and clear language rather than jargon;

    d. Be divided into short sections and sentences; and

    e. Use lists and tables wherever possible.

    If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. Your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

    List of Subjects 30 CFR Part 519

    Continental shelf, Government contracts, Indians-lands, Mineral resources, Oil and gas exploration, Public lands—mineral resources, Sulfur.

    30 CFR Part 550

    Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Government contracts, Investigations, Oil and gas exploration, Penalties, Pipelines, Public lands, Reporting and recordkeeping requirements, Sulfur.

    30 CFR Part 551

    Continental shelf, Freedom of information, Oil and gas exploration, Public lands, Reporting and recordkeeping requirements, Research.

    30 CFR Part 553

    Continental shelf, Environmental protection, Intergovernmental relations, Oil and gas exploration, Oil pollution, Penalties, Pipelines, Public lands, Reporting and recordkeeping requirements, Surety bonds.

    30 CFR Part 556

    Administrative practice and procedure, Continental shelf, Environmental protection, Government contracts, Intergovernmental relations, Oil and gas exploration, Public lands, Reporting and recordkeeping requirements.

    30 CFR Part 560

    Continental shelf, Government contracts, Mineral royalties, Oil and gas exploration, Public lands, Reporting and recordkeeping requirements.

    30 CFR Part 580

    Continental shelf, Public lands, Reporting and recordkeeping requirements, Research.

    30 CFR Part 581

    Administrative practice and procedure, Continental shelf, Government contracts, Intergovernmental relations, Mineral royalties, Public lands, Reporting and recordkeeping requirements, Surety bonds.

    30 CFR Part 582

    Administrative practice and procedure, Continental shelf, Environmental protection, Government contracts, Intergovernmental relations, Mineral royalties, Penalties, Public lands, Reporting and recordkeeping requirements, Surety bonds.

    30 CFR Part 585

    Civil rights, Environmental protection, Incorporated by reference, Public lands, Reporting and recordkeeping requirements.

    Dated: September 2, 2015. Janice M. Schneider, Assistant Secretary—Land and Minerals Management.

    For the reasons stated in the preamble, the Bureau of Ocean Energy Management amends 30 CFR chapter V as follows:

    CHAPTER V—BUREAU OF OCEAN ENERGY MANAGEMENT, DEPARTMENT OF THE INTERIOR PART 519—DISTRIBUTION AND DISBURSEMENT OF ROYALTIES, RENTALS, AND BONUSES 1. The authority citation for part 519 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    2. In § 519.410, revise the second sentence in paragraph (b) to read as follows:
    § 519.410 What does this subpart contain?

    (b) * * * For questions related to the revenue sharing provisions in this subpart, please contact: Program Manager, Financial Management; Office of Natural Resources Revenue; P.O. Box 25165; Denver Federal Center, Building 85; Sixth Ave and Kipling St; Denver, CO 80225-0165, or at (303) 231-3162.

    PART 550—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 3. The authority citation for part 550 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    4. In § 550.126, revise the third sentence in the introductory paragraph to read as follows:
    § 550.126 Electronic payment instructions.

    * * * The Pay.gov Web site may be accessed through Pay.gov at https://www.pay.gov/paygov/.

    5. In § 550.199, revise paragraph (d) to read as follows:
    § 550.199 Paperwork Reduction Act statements—information collection.

    (d) Send comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    6. In § 550.1153, revise the second sentence in paragraph (d) to read as follows:
    § 550.1153 When must I conduct a static bottomhole pressure survey?

    (d) * * * To request a departure, you must submit a justification, along with Form BOEM-0140, Bottomhole Pressure Survey Report, showing a calculated bottomhole pressure or any measured data.

    7. In § 550.1454, revise the first sentence to read as follows:
    § 550.1454 How may I request a hearing on the record on a Notice of Noncompliance?

    You may request a hearing on the record on a Notice of Noncompliance by filing a request within 30 days of the date you received the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. * * *

    8. In § 550.1456, revise paragraph (b) to read as follows:
    § 550.1456 May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?

    (b) You must file your request within 10 days after you receive the Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101.

    9. In § 550.1462, revise the first sentence to read as follows:
    § 550.1462 How may I request a hearing on the record on a Notice of Noncompliance regarding violations without a period to correct?

    You may request a hearing on the record of a Notice of Noncompliance regarding violations without a period to correct by filing a request within 30 days after you receive the Notice of Noncompliance with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101. * * *

    10. In § 550.1464, revise paragraph (b) to read as follows:
    § 550.1464 May I request a hearing on the record regarding the amount of a civil penalty if I did not request a hearing on the Notice of Noncompliance?

    (b) You must file your request within 10 days after you receive Notice of Civil Penalty with the Hearings Division (Departmental), Office of Hearings and Appeals, U.S. Department of the Interior, 351 South West Temple, Suite 6.300, Salt Lake City, Utah 84101.

    11. In § 550.1495, revise paragraphs (a)(1) through (3) to read as follows:
    § 550.1495 How do I demonstrate financial solvency?

    (a) * * *

    (1) For Alaska OCS: BOEM Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503, (907) 334-5200.

    (2) For Gulf of Mexico and Atlantic OCS: BOEM Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394, (800) 200-4853.

    (3) For Pacific OCS: BOEM Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, CA 93010, (805) 384-6305.

    PART 551—GEOLOGICAL AND GEOPHYSICAL (G&G) EXPLORATIONS OF THE OUTER CONTINENTAL SHELF 12. The authority citation for part 551 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    13. In § 551.5, revise paragraphs (d)(1) and (3) to read as follows:
    § 551.5 Applying for permits or filing Notices.

    (d) * * *

    (1) For the OCS off the State of Alaska—the Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503.

    (3) For the OCS off the coast of the States of California, Oregon, Washington, or Hawaii—the Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, California 93010.

    14. In § 551.7, revise paragraph (d)(4) to read as follows:
    § 551.7 Test drilling activities under a permit.

    (d) * * *

    (4) Your bond must be on a form approved by the Deputy Director.

    15. In § 551.15, revise paragraph (e) to read as follows:
    § 551.15 Authority for information collection.

    (e) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    PART 553—OIL SPILL FINANCIAL RESPONSIBILITY FOR OFFSHORE FACILITIES 16. The authority citation for part 553 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    17. In § 553.5, revise paragraph (d) to read as follows:
    § 553.5 What is the authority for collecting Oil Spill Financial Responsibility (OSFR) information?

    (d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    PART 556—LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER CONTINENTAL SHELF 18. The authority citation for part 556 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    19. In § 556.0, revise paragraph (d) to read as follows:
    § 556.0 Authority for information collection.

    (d) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    20. In § 556.54, revise paragraphs (b) and (f) to read as follows:
    § 556.54 General requirements for bonds.

    (b) All bonds and pledges you furnish under this part must be on a form or in a form approved by the Deputy Director. Surety bonds must be issued by a surety that the Treasury certifies as an acceptable surety on Federal bonds and that is listed in the current Treasury Circular No. 570. You may obtain a copy of the current Treasury Circular No. 570 from the Surety Bond Branch, Financial Management Service, Department of the Treasury, 3700 East-West Highway, Hyattsville, MD 20782.

    (f) You may submit a bond to the Regional Director executed on a form approved under paragraph (b) of this section that you have reproduced or generated by use of a computer. If you do this, and if the document omits terms or conditions contained on the form approved by the Deputy Director, the bond you submit will be deemed to contain the omitted terms and conditions.

    PART 560—OUTER CONTINENTAL SHELF OIL AND GAS LEASING 21. The authority citation for part 560 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    22. In § 560.3, revise paragraph (b) to read as follows:
    § 560.3 What is BOEM's authority to collect information?

    (b) You may send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    PART 580—PROSPECTING FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR ON THE OUTER CONTINENTAL SHELF 23. The authority citation for part 580 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    24. In § 580.13, revise paragraphs (b) and (c) to read as follows:
    § 580.13 Where must I send my application or notification? For the OCS off the . . . Apply to . . . *         *         *         *         *         *         * (b) Atlantic Coast, Gulf of Mexico, Puerto Rico, or U.S. territories in the Caribbean Sea Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, LA 70123-2394. (c) States of California, Oregon, Washington, Hawaii, or U.S. territories in the Pacific Ocean Regional Supervisor for Resource Evaluation, Bureau of Ocean Energy Management, Pacific OCS Region, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, CA 93010.
    25. In § 580.80, revise paragraph (e) to read as follows:
    § 580.80 Paperwork Reduction Act statement—information collection.

    (e) Send comments regarding any aspect of the collection of information under this part, including suggestions for reducing the burden, to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    PART 581—LEASING OF MINERALS OTHER THAN OIL, GAS, AND SULPHUR IN THE OUTER CONTINENTAL SHELF 26. The authority citation for part 581 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    27. In § 581.33, revise the first sentence in paragraph (b) to read as follows:
    § 581.33 Bonds and bonding requirements.

    (b) All bonds to guarantee payment of the deferred portion of the high cash bonus bid furnished by the lessee must be in a form or on a form approved by the Deputy Director. * * *

    PART 582—OPERATIONS IN THE OUTER CONTINENTAL SHELF FOR MINERALS OTHER THAN OIL, GAS, AND SULPHUR 28. The authority citation for part 582 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    29. In § 582.40, revise the first sentence in paragraph (b) to read as follows:
    § 582.40 Bonds.

    (b) All bonds furnished by a lessee or operator must be in a form approved by the Deputy Director. * * *

    PART 585—RENEWABLE ENERGY AND ALTERNATE USES OF EXISTING FACILITIES ON THE OUTER CONTINENTAL SHELF 30. The authority citation for part 585 is revised to read as follows: Authority:

    Section 104, Public Law 97-451, 96 Stat. 2451 (30 U.S.C. 1714), Public Law 109-432, Div C, Title I, 120 Stat. 3000; 30 U.S.C. 1751; 31 U.S.C. 9701; 43 U.S.C. 1334; 33 U.S.C. 2704, 2716; E.O. 12777, as amended; 43 U.S.C. 1331 et seq., 43 U.S.C. 1337.

    31. In § 585.110, revise paragraph (a) to read as follows:
    § 585.110 How do I submit plans, applications, reports, or notices required by this part?

    (a) You must submit all plans, applications, reports, or notices required by this part to BOEM at the following address: Deputy Director, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    32. In § 585.114, revise paragraph (d) to read as follows:
    § 585.114 Paperwork Reduction Act statements—information collection.

    (d) Comments regarding any aspect of the collections of information under this part, including suggestions for reducing the burden, should be sent to the Information Collection Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166.

    33. In § 585.115, revise the first sentence of paragraph (d) to read as follows:
    § 585.115 Documents incorporated by reference.

    (d) You may inspect these documents at the Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA 20166, 703-787-1605; or at the National Archives and Records Administration (NARA). * * *

    [FR Doc. 2015-23719 Filed 9-21-15; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0835] RIN 1625-AA00 Safety Zone; Dredging, Rouge River, Detroit, MI AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for certain waters of the Rouge River in the vicinity of Detroit, MI. This zone is intended to restrict and control movement of vessels in a portion of the Rouge River. This zone is necessary to protect vessels from potential hazards associated with dredging operations.

    DATES:

    This rule is effective without actual notice from September 22, 2015 until 11:59 p.m. on September 24, 2015. For the purposes of enforcement, actual notice will be used from 10 a.m. on August 25, 2015, until September 22, 2015.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2015-0835 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary final rule, call or email Chief Petty Officer Jason Hampton, Prevention Department, Sector Detroit, Coast Guard; telephone 313-568-9616, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations COTP Captain of the Port DHS Department of Homeland Security NAD 83 North American Datum of 1983 NPRM Notice of Proposed Rulemaking II. Background Information and Regulatory History

    On August 23, a 300-yard section of retaining wall along the Carmeuse facility in River Rouge, MI collapsed, allowing an unknown amount of surface materials, including rock and soil to spill into the Rouge River. This material has created a hazard to navigation, by causing uncertain shifts in the channel depth, and creating a possible choke point in the river. The Army Corps of Engineer has conducted initial surveys and determined that dredging will be required to mitigate these hazards to vessel traffic.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has determined that the spilled surface materials and dredging operations on the Rouge River pose a significant risk to public safety and property. Such hazards include potential collisions and groundings.

    IV. Discussion of Rule

    This rule establishes a safety zone from 10 a.m. on August 25, 2015 until 11:59 p.m. on September 24, 2015. The safety zone will encompass all waters of the Rouge River, Detroit, MI from the West Jefferson Avenue Bridge at 42°16.85′ N., 083°07.72′ W., proceeding East approximately 400-yards to a point mid-river at 42°16.80′ N., 083°07.47′ W.

    Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the COTP or a designated representative. Vessel operators must contact the COTP or his on-scene representative to obtain permission to transit through this safety zone.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the COTP or his on-scene representative.

    B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, we have considered the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

    This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in this portion of the Rouge River near Detroit, MI from 10 a.m. August 25, 2015 until 11:59 p.m. September 24, 2015.

    This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of the zone, the COTP would issue local Broadcast Notice to Mariners so vessel owners and operators can plan accordingly.

    C. Assistance for Small Entities

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

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

    D. Collection of Information

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

    E. Federalism

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

    F. 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.

    G. Unfunded Mandates Reform Act

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

    H. Taking of Private Property

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

    I. Civil Justice Reform

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

    J. Protection of Children

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

    K. Indian Tribal Governments

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

    L. Energy Effects

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

    M. Technical Standards

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

    N. Environment

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add § 165.T09-0835 to read as follows:
    § 165.T09-0835 Safety Zone; Dredging, Rouge River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: All U.S. waters of the Rouge River, Detroit, MI from the West Jefferson Avenue Bridge at 42°16.85′ N., 083°07.72′ W., proceeding East approximately 400-yards to a point mid-river at 42°16.80′ N., 083°07.47′ W.

    (b) Enforcement period. This rule is effective without actual notice from September 22, 2015 until 11:59 p.m. on September 24, 2015. For the purposes of enforcement, actual notice will be used from 10 a.m. on August 25, 2015, until September 22, 2015.

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

    (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP, via the Command Center or his on-scene representative.

    (3) The “on-scene representative” of the COTP is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the COTP to act on his behalf.

    (4) Vessel operators must contact the COTP via the Command Center to obtain permission to enter or operate within the safety zone. The COTP may be contacted via VHF Channel 16 or at 313—568-9560. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP, via the Sector Command Center or his on-scene representative.

    Dated: August 25, 2015. Raymond Negron, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
    [FR Doc. 2015-24041 Filed 9-21-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R09-OAR-2015-0608; FRL-9934-51-Region 9] Designation for Planning Purposes; California; PM10; Technical Amendment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    The Environmental Protection Agency (EPA) is making a technical amendment to the Code of Federal Regulations to restore the inadvertent deletion of the entry for “Rest of State” from the table listing California air quality planning area designations for particulate matter of ten microns of less (PM10).

    DATES:

    This technical amendment is effective on September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Jerry Wamsley, EPA Region IX, (415) 947-4111, [email protected]

    SUPPLEMENTARY INFORMATION:

    On March 19, 2013, the EPA published a direct final rule amending 40 CFR 81.305 to clarify the description of the Imperial Valley planning area, an area designated nonattainment for the National Ambient Air Quality Standard (NAAQS) for particulate matter of ten microns of less (PM10) (78 FR 16792). In our March 19, 2013 direct final rule, we amended the entry for “Imperial Valley planning area” but did not intend to amend any other entry in the table listing PM10 air quality planning area designations for the State of California. We believe, however, that the entry appearing directly after the entry for “Imperial Valley planning area” in the “California-PM-10” table and reading “Rest of State; 11/15/90; Unclassifiable” was deleted inadvertently when the entry for “Imperial Valley planning area” was amended. For example, see and compare the “California-PM-10” table within the July 1, 2012 version to the July 1, 2013 version of 40 CFR 81.305.

    Consequently, the EPA is publishing this technical amendment to restore the “Rest of State” designation entry within the 40 CFR 81.305 “California-PM-10” table as it appeared prior to our March 19, 2013 direct final action.

    List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, Wilderness areas.

    Dated: September 9, 2015. Jared Blumenfeld, Regional Administrator, Region IX.

    Part 81, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:

    PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for Part 81 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. Section 81.305 is amended in the table for “California—PM-10” by adding an entry for “Rest of State” at the end of the table to read as follows:
    § 81.305 California. California—PM-10 Designated Area Designation Date Type Classification Date Type *         *         *         *         *         *         * Rest of State 11/15/90 Unclassifiable
    [FR Doc. 2015-24049 Filed 9-21-15; 8:45 am] BILLING CODE 6560-50-P
    GENERAL SERVICES ADMINISTRATION 41 CFR Part 102-117 [FMR Case 2014-102-2; Docket 2014-0015; Sequence 1] RIN 3090-AJ45 Federal Management Regulation (FMR); Transportation Management; Transportation Reporting AGENCY:

    Office of Government-wide Policy (OGP), General Services Administration (GSA).

    ACTION:

    Final rule.

    SUMMARY:

    GSA is amending the Federal Management Regulation (FMR) to recommend that agencies annually submit to GSA their prior fiscal year transaction level transportation data for freight and cargo, including household goods (HHG), procured either through contract or tender, as well as their transportation management information. The request for transaction level data and transportation management information is a change from the Notice of the Proposed Rulemaking's recommendation that agencies annually submit to GSA a summary of their transportation activities.

    Specifically, this rule recommends that agencies report transaction level transportation data for freight and cargo, including HHG, such as shipments by procurement method, spending, transportation service providers (TSP), and shipping profiles. This rule also recommends that agencies report their transportation management information, such as environmental justice information, agency points of contact, and transportation officer warrant information and training data.

    This rule will provide GSA the data necessary for analysis, which will assist GSA in developing enhanced Governmentwide transportation policies to make transportation management programs more efficient, cost-effective, and sustainable.

    DATES:

    Effective: September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For clarification of content, contact Ms. Lois Mandell, Office of Government-wide Policy, at (202) 501-2735 or by email at [email protected] For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FMR Case 2014-102-2.

    SUPPLEMENTARY INFORMATION:

    A. Background

    In almost every purchase of supplies and equipment from vendors, something must be moved and delivered. Since the early 1860s, the Federal Government has procured transportation using either a contract or a tender of service (also called a rate tender). There are Federal transportation laws and regulations that govern each of the five modes of transportation (air, water, pipeline, rail, and ground). Each mode has advantages and disadvantages that should be evaluated for cost, sustainability, speed of delivery, etc. The expense of moving this freight or cargo, including HHG, can be managed by the agency, consolidated as a shared service across agencies, or the TSP, depending upon the contract or tender of service terms.

    Over the last several years, GSA has worked with the Governmentwide Transportation Policy Council (GTPC) to identify key transportation performance measures, data elements, and collection standards necessary for more informed decision-making. The GTPC is composed of representatives from civilian agencies and the Department of Defense, and provides guidance in the planning and development of uniform transportation policies and procedures. Best in class organizations exhibit a consistent set of behaviors to identify and implement improved processes that maximize the efficiency, cost effectiveness, and sustainability of their transportation operations. Organizations seeking continuous improvement monitor, measure, and compare their performance against other organizations to improve return on investments, generate greater savings, enhance supply chain, and improve sustainability. The GTPC supports data collection as a necessary first step to improve transportation management.

    In 2009, GSA contracted for a Governmentwide transportation management study. The study concluded that “most agencies have no single point of accountability for outbound transportation, have limited transparency into actual expenditures, and usually do not identify the most appropriate procurement method.” The study also identified inadequate research into the acquisition and selection of a TSP, and a lack of standard training, expertise, and operational approaches to transportation management. A 2012 GSA study identified the need for reliable Governmentwide transportation data.

    This rule recommends that agencies report transaction level transportation data not otherwise provided in compliance with 31 U.S.C. 3726 to GSA's Transportation Audits Division, as well as agency transportation management information. The request for transaction level data is a change from the Notice of Proposed Rulemaking's recommendation that agencies annually submit to GSA a summary of their transportation activities.

    The Federal Interagency Transportation System (FITS), a Web-based tool, will be used to capture an agency's voluntary submission of transaction level transportation data for freight and cargo, including HHG, procured either through contract or tender. FITS also can capture agency transportation management information. An FMR bulletin will provide information to agencies on the annual recommended submission process.

    GSA's analysis of the data and information submitted by agencies will enable agencies to make decisions based upon factual information and will enable GSA to develop enhanced Governmentwide transportation policies to make transportation management programs more efficient, cost-effective, and sustainable.

    B. Public Comment and Response

    In the proposed rule published at 79 FR 41667 on July 17, 2014, GSA provided the public a 90-day comment period which ended on October 15, 2014. GSA received one comment from an anonymous source.

    Comment: “Reporting is a great idea to take part in. The data that could be collected and used for analysis to better serve transportation management is what needs to be done. This allows the GSA to better understand where things can be improved and what could be the reason why it is not working more efficiently. The only way to create [sic] more sustainable and efficient transportation management is by collecting as much information to better understand.”

    Response: No changes were made as a result of the comment.

    C. Substantive Changes

    This final rule:

    • Revises 41 CFR part 102-117, subpart K, to recommend that agencies submit to GSA their prior fiscal year transaction level transportation data for freight and cargo, including HHG, procured either through contract or tender, as well as transportation management information. It is intended that agencies would voluntarily report transaction level transportation data not otherwise provided in compliance with 31 U.S.C. 3726 to the GSA's Transportation Audits Division.

    • Redesignates the sections in 41 CFR part 102-117, subpart L.

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

    E. Regulatory Flexibility Act

    These revisions are not substantive, and therefore, this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The final rule is also exempt from the Administrative Procedure Act per 5 U.S.C. 553(a)(2), because it applies to agency management or personnel.

    F. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final changes to the FMR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

    G. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates to agency management or personnel.

    List of Subjects in 41 CFR Part 102-117

    Freight, Government property management, Moving of household goods, Reporting and recordkeeping requirements, Transportation.

    Dated: September 9, 2015. Denise Turner Roth, Acting Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 41 CFR part 102-117 as follows:

    PART 102-117—TRANSPORTATION MANAGEMENT 1. The authority citation for 41 CFR part 102-117 continues to read as follows: Authority:

    31 U.S.C. 3726; 40 U.S.C. 121(c); 40 U.S.C. 501, et seq.; 46 U.S.C. 55305; 49 U.S.C. 40118.

    § 102-117.355 [Redesignated as § 102-117.361]
    2. In subpart L, redesignate § 102-117.355 as § 102-117.361.
    § 102-117.360 [Redesignated as § 102-117.362]
    3. In subpart L, redesignate § 102-117.360 as § 102-117.362.
    4. Revise subpart K to read as follows: Subpart K—Transportation Reporting Sec. 102-117.345 What is the Federal Interagency Transportation System (FITS)? 102-117.350 Do I have to report? 102-117.355 Why should I report? 102-117.356 What information should I report? 102-117.360 How do I submit information to GSA through FITS? Subpart K—Transportation Reporting
    § 102-117.345 What is the Federal Interagency Transportation System (FITS)?

    The Federal Interagency Transportation System (FITS) is a Web-based tool used to capture an agency's transaction level transportation data for freight and cargo, including household goods (HHG), procured either through contract or tender that is otherwise not currently reported by agencies to GSA in compliance with 31 U.S.C. 3726, as well as agency transportation management information.

    § 102-117.350 Do I have to report?

    No; however all agencies are strongly encouraged to report for the preceding fiscal year through FITS by October 31.

    § 102-117.355 Why should I report?

    (a) Reporting your agency's prior fiscal year transaction level transportation data for freight and cargo, including HHG, procured either through contract or tender, as well as your transportation management information will enable GSA to:

    (1) Assess the magnitude and key characteristics of transportation within the Government (e.g., how much agencies spend; what type of commodity is shipped; most used lanes, etc.); and

    (2) Analyze and recommend changes to Governmentwide policies, standards, practices, and procedures to improve Government transportation management.

    (b) Agencies that choose to report may identify opportunities within their organization to improve transportation management program performance as a result of the data analytics.

    § 102-117.356 What information should I report?

    You should report your agency's prior fiscal year transaction level transportation data for freight and cargo, including HHG, and transportation management information. Transportation data that currently is otherwise provided to GSA in compliance with 31 U.S.C. 3726 is not requested. Transaction level transportation data submitted by agencies will remain confidential. Transportation management information should also be reported and should include related environmental information, agency points of contact, and transportation officer warrant and training data.

    § 102-117.360 How do I submit information to GSA through FITS?

    GSA will post a Federal Management Regulation bulletin at http://gsa.gov/fmrbulletin, which will detail the FITS submission process, including specific data requested, and provide information concerning available FITS training.

    [FR Doc. 2015-23996 Filed 9-21-15; 8:45 am] BILLING CODE 6820-14-P
    GENERAL SERVICES ADMINISTRATION 41 CFR Part 102-192 [FMR Change 2015-03; FMR Case 2015-102-1; Docket No. 2013-0013; Sequence 1] RIN 3090-AJ58 Federal Management Regulation (FMR); Mail Management; Requirements for Agencies AGENCY:

    Office of Asset and Transportation Management (MA), Office of Government-wide Policy (OGP), General Services Administration (GSA).

    ACTION:

    Final rule.

    SUMMARY:

    GSA is amending the Federal Management Regulations (FMR) reporting requirements to state that large agencies must submit to GSA their prior fiscal year mail reports in the Simplified Mail Accountability Reporting Tool annually by December 1.

    DATES:

    Effective: September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Cynthia Patterson, Office of Government-wide Policy, at 703-589-2641 or by email at [email protected] for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FMR Case 2015-102-1.

    SUPPLEMENTARY INFORMATION:

    The revision involves the change of reporting date for the annual report in 41 CFR part 102-192, subpart B, Reporting Requirements. This final rule amends the annual mail management reporting date, in response to several agency requests and feedback in an Office of Government-wide Policy survey. The new report due date allows agencies to have additional time to reconcile data and increase accuracy. The new date of December 1 is about a month later than the current due date of October 31. Annual reports will encompass information from the previous fiscal year of October 1 through September 30. Submission details will be provided in a bulletin posted at www.gsa.gov/fmrbulletin.

    A. 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, will not be subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This final rule is not a major rule under 5 U.S.C. 804.

    B. Regulatory Flexibility Act

    These revisions are not substantive; therefore, this final rule would not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The final rule is also exempt from the Administrative Procedure Act per 5 U.S.C. 553(a)(2), because it applies to agency management or personnel.

    C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final changes to the FMR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

    D. Small Business Regulatory Enforcement Fairness Act

    This final rule is also exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates to agency management or personnel.

    List of Subjects in 41 CFR Part 102-192

    Government property management, Security measures.

    Dated: September 9, 2015. Denise Turner Roth, Administrator of General Services.

    For the reasons set forth in the preamble, GSA is amending 41 CFR part 102-192 as set forth below:

    PART 102-192—MAIL MANAGEMENT 1. The authority citation continues to read as follows: Authority:

    44 U.S.C. 2901-2904.

    2. Revise § 102-192.105 to read as follows:
    § 102-192.105 When must we submit our annual mail management report to GSA?

    Beginning with FY 2015, the agency's annual mail management report is due on December 1, following the end of the fiscal year.

    [FR Doc. 2015-23995 Filed 9-21-15; 8:45 am] BILLING CODE 6820-14-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140117052-4402-02] RIN 0648-XE113 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 State of Maine is transferring a portion of its 2015 commercial Atlantic bluefish quota to the State of Rhode Island. These quota adjustments are necessary to comply with the Bluefish Fishery Management Plan quota transfer provision. This announcement informs the public of the revised commercial quota for each state involved.

    DATES:

    Effective September 21, 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), and provided a mechanism for transferring 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.

    Maine has agreed to transfer 30,000 lb (13,608 kg) of its 2015 commercial quota to Rhode Island. This transfer was prompted by state officials in Rhode Island to ensure the state's 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: Maine, 5,037 lb (2,284 kg); and Rhode Island, 536,826 lb (243,500 kg), based on the final 2015 Atlantic Bluefish Specifications (80 FR 46848; August 6, 2015).

    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 17, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-24014 Filed 9-21-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 900124-0127] RIN 0648-XE164 Atlantic Surfclam and Ocean Quahog Fisheries; 2016 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size Limit AGENCY:

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

    ACTION:

    Temporary rule.

    SUMMARY:

    NMFS suspends the minimum size limit for Atlantic surfclams for the 2016 fishing year. NMFS also announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2016 will remain status quo. Regulations governing these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone if the previous year's quota specifications remain unchanged.

    DATES:

    Effective January 1, 2016, through December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Douglas Potts, Fishery Policy Analyst, 978-281-9341.

    SUPPLEMENTARY INFORMATION:

    The regulations implementing the fishery management plan (FMP) for the Atlantic surfclam and ocean quahog fisheries at 50 CFR 648.75(b)(3) authorize the Administrator, Greater Atlantic Region, NMFS (Regional Administrator), to suspend annually, by publication of a notification in the Federal Register, the minimum size limit for Atlantic surfclams. This action may be taken unless discard, catch, and biological sampling data indicate that 30 percent or more of the Atlantic surfclam resource have a shell length less than 4.75 inches (120 mm), and the overall reduced size is not attributable to harvest from beds where growth of the individual clams has been reduced because of density-dependent factors.

    At its June 2015 meeting, the Mid-Atlantic Fishery Management Council voted to recommend that the Regional Administrator suspend the minimum size limit for Atlantic surfclams for the 2016 fishing year. Commercial surfclam data for 2015 were analyzed to determine the percentage of surfclams that were smaller than the minimum size requirement. The analysis indicated that 19.2 percent of the overall commercial landings were composed of surfclams that were less than the 4.75-in (120-mm) default minimum size. While still below the 30-percent trigger, this is a higher percentage of small clams than we have seen in previous years. A new stock assessment is planned for 2016, and may provide additional information about the health of this stock and whether density-dependent factors may have contributed to the increased prevalence of small clams. Based on the information available, the Regional Administrator concurs with the Council's recommendation, and is suspending the minimum size limit for Atlantic surfclams in the upcoming fishing year (January 1 through December 31, 2016).

    The FMP for the Atlantic surfclam and ocean quahog fisheries requires that NMFS issue a notice in the Federal Register of the upcoming year's quota, even in cases where the quota remains unchanged from the previous year. At its June 2015 meeting, the Council voted that no action be taken to change the quota specifications for Atlantic surfclams and ocean quahogs for the 2016 fishing year. As a result, we are announcing that the 2015 quota levels of 3.4 million bu (181 million L) for Atlantic surfclams, 5.3 million bu (284 million L) for ocean quahogs, and 100,000 Maine bu (3.524 million L) for Maine ocean quahogs, as announced in the Federal Register on December 20, 2013 (78 FR 77005), remain effective for the 2016 fishing year.

    Classification

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: September 17, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-24013 Filed 9-21-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XE203 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels greater than 60 feet (18.3 meters (m)) length overall (LOA) using pot gear and catcher vessels using trawl gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear, Amendment 80 (A80) catcher processors (C/Ps), American Fisheries Act (AFA) trawl C/Ps, and C/Ps using pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2015 total allowable catch of Pacific cod to be harvested.

    DATES:

    Effective September 17, 2015, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (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 2015 Pacific cod TAC specified for catcher vessels greater than 60 feet (18.3 m) LOA using pot gear in the BSAI is 18,641 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). The Regional Administrator has determined that catcher vessels greater than 60 feet (18.3 m) LOA using pot gear in the BSAI will not be able to harvest 1,000 mt of the remaining 2015 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(5).

    The 2015 Pacific cod TAC specified for catcher vessels using trawl gear in the BSAI is 49,224 mt as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015). The Regional Administrator has determined that catcher vessels using trawl gear will not be able to harvest 6,000 mt of the remaining 2015 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)(9).

    Therefore, in accordance with § 679.20(a)(7)(iii)(A) and § 679.20(a)(7)(iii)(B), NMFS reallocates 7,000 mt of Pacific cod to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear, A80 C/Ps, AFA trawl C/Ps, and C/Ps using pot gear in the Bering Sea and Aleutian Islands management area.

    The harvest specifications for Pacific cod included in the final 2015 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015 and 80 FR 51757, August 26, 2015) are revised as follows: 17,641 mt for catcher vessels greater than 60 feet (18.3 m) LOA using pot gear, 43,224 mt for catcher vessels using trawl gear, 12,380 mt for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, 30,846 mt to A80 C/Ps, 5,623 mt to AFA trawl C/Ps, and 4,329 mt for C/Ps using pot gear.

    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 delay the reallocation of Pacific cod specified from the trawl catcher vessel sector to catcher vessels less than 60 feet (18.3 meters) LOA using hook-and-line or pot gear, AFA C/Ps, A80 C/Ps, and C/Ps using pot gear in the Bering Sea and Aleutian Islands management area. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 15, 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 17, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-24025 Filed 9-17-15; 4:15 pm] BILLING CODE 3510-22-P
    80 183 Tuesday, September 22, 2015 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 [NRC-2011-0015; NRC-2011-0018] RIN 3150-AI49 Enhanced Weapons, Firearms Background Checks, and Security Event Notifications AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Supplemental proposed rule.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that would implement its authority under Section 161A of the Atomic Energy Act of 1954, as amended (AEA), to permit NRC licensees and certificate holders to apply for preemption authority and enhanced weapons authority, and conduct associated firearms background checks. The NRC proposed new regulations on February 3, 2011, that would implement its authority under Section 161A. On January 10, 2013, the NRC proposed to further revise the regulations to include at-reactor independent spent fuel storage installations (ISFSI) as a class of designated facilities. The NRC is now proposing to further revise the proposed rule language that addresses the voluntary application for enhanced weapons authority, preemption authority, and the mandatory firearms background checks under Section 161A.

    DATES:

    Submit comments on the supplemental proposed rule and draft regulatory guide by December 7, 2015. Also submit comments specific to the information collection aspects of this supplemental proposed rule by December 7, 2015. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.

    ADDRESSES:

    You may submit comments on the supplemental proposed rule by any of the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    • Email comments to: [email protected]. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

    • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

    • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

    • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.

    See Section XI, “Paperwork Reduction Act,” of this document for direction on submitting comments on the information collection aspects of this supplemental proposed rule. See Section XIV, “Availability of Guidance,” of this document for direction on submitting comments on the draft regulatory guide.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Margaret S. Ellenson, Office of Nuclear Reactor Regulation, telephone: 301-415-0894; email: [email protected]; Philip G. Brochman, Office of Nuclear Security and Incident Response, telephone: 301-287-3691; email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments. A. Obtaining Information. B. Submitting Comments. II. Background. III. Discussion. IV. Section-by-Section Analysis. V. Cumulative Effects of Regulation. VI. Regulatory Flexibility Certification. VII. Regulatory Analysis. VIII. Backfitting and Issue Finality. IX. Plain Writing. X. Environmental Assessment and Proposed Finding of No Significant Environmental Impact. XI. Paperwork Reduction Act. XII. Criminal Penalties. XIII. Voluntary Consensus Standards. XIV. Availability of Guidance. XV. Availability of Documents. I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2011-0018 or Docket ID NRC-2011-0015 when contacting the NRC about the availability of information for this supplemental proposed rule or the draft regulatory guide, respectively. You may obtain publicly-available information related to this action by any of the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018 for the supplemental proposed rule and Docket ID NRC-2011-0015 for the revised draft regulatory guide.

    • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. In addition, for the convenience of the reader, instructions about obtaining materials related to this rulemaking are provided in Section XV, “Availability of Documents,” of this document.

    • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include the appropriate NRC Docket ID NRC-2011-0018 (supplemental proposed rule) or NRC-2011-0015 (draft regulatory guide) in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background A. Section 161A of the AEA

    On August 8, 2005, President Bush signed into law the Energy Policy Act of 2005 (EPAct), Public Law 109-58, 119 Stat. 594 (2005). Section 653 of the EPAct amended the AEA by adding Section 161A, “Use of Firearms by Security Personnel” (42 U.S.C. 2201a). Section 161A of the AEA provides the NRC with authority to permit a licensee's or certificate holder's security personnel to transfer, receive, possess, transport, import, and use weapons, devices, ammunition, or other firearms, notwithstanding State, local, and certain Federal firearms laws (and implementing regulations) that may prohibit or restrict these actions (preemption authority). Additionally, Section 161A authorized the Commission to permit the security personnel of licensees and certificate holders to obtain enhanced weapons, such as machine guns, short-barreled shotguns, and short-barreled rifles (enhanced weapons).

    Section 161A requires the Commission to designate the classes of facilities, radioactive material, and other property eligible to apply for preemption authority or enhanced weapon authority. Section 161A also mandates that all security personnel that receive, possess, transport, import, or use a weapon, ammunition, or a device otherwise prohibited by State, local, or certain Federal laws, including regulations, as provided by Section 161A.b. (42 U.S.C. 2201a(b)), shall be subject to a fingerprint-based background check by the U.S. Attorney General and a firearms background check against the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System (NICS).

    B. The Firearms Guidelines—Implementation of Section 161A of the AEA

    Section 161A.d. of the AEA provides that the Commission shall, with the approval of the Attorney General, develop and promulgate guidelines for the implementation of this statute. On September 11, 2009, the NRC, with the approval of the Attorney General, published Firearms Guidelines in the Federal Register (74 FR 46800). These guidelines allow NRC licensees and certificate holders to apply for preemption authority only (hereafter referred to as stand-alone preemption authority) or combined preemption and enhanced weapons authority (hereafter referred to as enhanced weapons authority). The statute also includes provisions for firearms background checks for those who apply for Section 161A authorities (stand-alone preemption authority or enhanced weapons authority).

    The Firearms Guidelines permit the NRC to designate applicable classes of facilities and to approve application for Section 161A authority via both orders and regulations. Following publication of the Firearms Guidelines, the NRC received requests from several licensees to obtain stand-alone preemption authority via order (i.e., prior to the NRC's issuance of the final enhanced weapons rule). During its review of these licensee requests, the NRC staff identified implementation issues related to the firearms background checks for these licensees. The NRC staff and the U.S. Department of Justice (DOJ) staff developed a revision to the Firearms Guidelines to address these issues. The principal change in the revised Firearms Guidelines was to limit the scope of the firearms background check requirement to only those licensees that apply to the NRC for Section 161A authority. The NRC, with the approval of the Attorney General, published the revised Firearms Guidelines in the Federal Register (79 FR 36100; June 25, 2014). Both the 2009 Firearms Guidelines and the 2014 Firearms Guidelines are available at http://www.regulations.gov under Docket ID NRC-2008-0465.

    C. October 2006 Proposed Rule

    In parallel with the development of the 2009 Firearms Guidelines, the NRC initiated a rulemaking that would implement the new authorities and provisions in Section 161A of the AEA. On October 26, 2006, the NRC published proposed regulations in the Federal Register (71 FR 62664, “Power Reactor Security Requirements”) to implement the provisions of Section 161A as one component of a larger proposed amendment to its regulations under parts 50, 72, and 73 of Title 10 of the Code of Federal Regulations (10 CFR). These proposed implementing regulations were consistent to the extent possible with discussions between the NRC and the DOJ on the implementation of the statute.

    The NRC had proposed that the provisions of Section 161A would apply only to power reactor facilities including both operating and decommissioning power reactors and Category I Strategic Special Nuclear Material (Cat. I SSNM) facilities (i.e., facilities possessing or using formula quantities or greater of strategic special nuclear material). This structure was proposed to permit these two highest-risk classes of licensed facilities to apply to the NRC for Section 161A authority. The NRC had also indicated that it would consider making Section 161A authority available to additional classes of facilities, radioactive material, or other property (including ISFSIs) in a separate, future rulemaking.

    D. February 2011 Proposed Rule

    On February 3, 2011, the NRC published in the Federal Register a new proposed rule, “Enhanced Weapons, Firearms Background Checks and Security Event Notifications” (76 FR 6200), referred to as the Enhanced Weapons rulemaking, that reflected the approved 2009 Firearms Guidelines. The 2011 proposed rule would implement the provisions of Section 161A and would make several changes to the security event notification requirements in 10 CFR part 73 to address imminent attacks or threats against power reactors as well as suspicious events that could be indicative of potential preoperational reconnaissance, surveillance, or challenges to security systems by adversaries. The public was provided 180 days to review and comment on the February 2011 proposed rule and associated guidance.

    E. Preemption Designation Orders and Confirmatory Orders

    Subsequent to the publication of the 2011 proposed rule, the NRC received requests from 10 licensees (located on 8 separate sites) to obtain stand-alone preemption authority. In response to the requests, the NRC issued designation order EA-13-092 (78 FR 35984) on June 14, 2013. Order EA-13-092 designated the 10 licensees as part of an interim class of licensed facilities eligible to apply for stand-alone preemption authority under Section 161A of the AEA, contained direction related to completing firearms background checks for security personnel whose official duties require access to covered weapons, and contained direction for the licensees on submitting applications and supporting information to obtain preemption authority via a confirmatory order. Subsequent to the NRC's issuance of Order EA-13-092, two licensees (located at the same site) withdrew their applications for Section 161A preemption authority. The NRC staff is currently reviewing the remaining applications for preemption authority.

    F. January 2013 Supplemental Proposed Rule

    On January 10, 2013, the NRC published a supplemental proposed rule (78 FR 2214) to add at-reactor ISFSIs as a class of designated facilities under § 73.18(c) that would be eligible to apply for Section 161A authority. Including at-reactor ISFSIs in the proposed rulemaking would ensure a consistent transition from the orders to the final implementing regulations for reactor licensees and any ISFSIs co-located at the reactor site. When a reactor facility and an ISFSI share a common security guard force, as is the case for at-reactor ISFSIs, the NRC staff recognizes that it may be expedient for both facilities at the site to have stand-alone preemption authority if the licensee or certificate holder applies for it and is approved. In the supplemental proposed rule, the NRC indicated that other classes of facilities and activities (e.g., away-from-reactor ISFSIs and transportation of spent nuclear fuel) would be addressed in a separate, future rulemaking (as originally discussed in the October 2006 proposed rule). The public was provided 45 days to review and comment on the January 2013 supplemental proposed rule.

    III. Discussion

    Section 161A of the AEA provides the NRC with the authority to permit a licensee or certificate holder's security personnel to transfer, receive, possess, transport, import, and use, weapons, devices, ammunition or other firearms notwithstanding State, local, and certain Federal firearms laws (and any implementing regulations) that may prohibit or restrict these actions. The arsenal of weapons includes, for example, machine guns, semi-automatic assault weapons, and large-capacity ammunition feeding devices (i.e., magazines). As indicated in the February 2011 proposed rule, an NRC licensee or certificate holder interested in obtaining Section 161A authority (either combined enhanced weapons authority and preemption authority or stand-alone preemption authority) may voluntarily apply to the NRC to take advantage of this new authority. For the purposes of the proposed Enhanced Weapons rulemaking, the term “certificate holder” refers only to entitles holding a 10 CFR part 76 certificate of compliance, not to entities holding a 10 CFR part 72 certificate of compliance. However, the NRC notes that there are currently no existing 10 CFR part 76 certificate holders because on February 2, 2015, the NRC terminated the 10 CFR part 76 certificate of compliance for the United States Enrichment Corporation's Paducah Gaseous Diffusion Plant (ADAMS Package Accession No. ML14318A331). While there are no existing 10 CFR part 76 certificate holders, the NRC is proposing to include such holders in this supplemental proposed rule so that the scope of the Firearms Guidelines and the NRC's corresponding implementing regulations continue to be consistent.

    Licensees and certificate holders falling within the Commission-designated classes of facilities, radioactive material, or other property would be eligible to apply for Section 161A authority and would be required to complete the firearms background check requirements mandated by Section 161A and the Firearms Guidelines. The background checks would be required for security personnel whose official duties require access to covered weapons.

    The 2009 Firearms Guidelines provided that the security personnel for all licensees and certificate holders that fall within the designated eligible classes of facilities must undergo firearms background checks, whether or not a particular licensee or certificate holder intends to seek preemption authority. However, under the revised 2014 Firearms Guidelines, the requirement for background checks would apply to only those licensees and certificate holders who apply for Section 161A authority. Other changes to the Firearms Guidelines included the removal of the definition of “standard weapon” and the removal of references to standard weapons in the definitions of “covered weapon” and “enhanced weapon.” There were also minor conforming and clarifying editorial changes throughout the revised 2014 Firearms Guidelines.

    In the February 2011 proposed rule that would implement the NRC's authority under Section 161A of the AEA, the NRC proposed amendments to 10 CFR part 73 by adding new definitions, processes for obtaining enhanced weapons, requirements for firearms background checks, and security event notification requirements for stolen or lost enhanced weapons. This supplemental proposed rule continues the proposed changes from the February 2011 proposed rule and the January 2013 supplemental proposed rule and supplements or modifies the following existing or proposed regulations in 10 CFR part 73:

    • Section 73.2, “Definitions.”

    • Proposed § 73.18, “Authorization for use of enhanced weapons and preemption of firearms laws.”

    • Proposed § 73.19, “Firearms background checks for armed security personnel.”

    • Section 73.51, “Requirements for the physical protection of stored spent nuclear fuel and high-level radioactive waste.”

    This supplemental proposed rule would make the following changes to the proposed requirements of 10 CFR part 73:

    • Require firearms background checks only for those licensees and certificate holders who have applied for Section 161A authority and only for security personnel whose official duties require access to covered weapons.

    • Require periodic firearms background checks at least once every 5 years. Previously the maximum periodicity was proposed to be at least once every 3 years. However, licensees and certificate holders would continue to be able to conduct periodic firearms background checks at a periodicity of less than every 5 years, at their discretion.

    • Conform the process for conducting firearms background checks and applying for preemption authority to the updated requirements specified in the revised 2014 Firearms Guidelines (e.g., removal of the proposed 30-day and 180-day milestones in conducting firearms background checks).

    • Remove the definition of “standard weapon” and remove the references to standard weapon from the definitions of “covered weapon” and “enhanced weapon,” per the revised 2014 Firearms Guidelines.

    • Revise the definitions of “combined enhanced weapons authority and preemption authority,” “covered weapon,” and “stand-alone preemption authority” as conforming changes.

    Separately, the NRC would make several clarifying and corrective changes to the process for obtaining stand-alone preemption authority and the requirements for firearms background checks, based upon language approved by the Commission in the designation orders and confirmatory orders issued by the NRC subsequent to the publication of the February 2011 proposed rule.

    The NRC would also make several additional changes to clarify the agency's review and acceptance criteria for evaluating applications for stand-alone preemption authority, based upon lessons learned by the NRC staff in reviewing existing applications for preemption authority, including developing confirmatory orders to those licensees requesting Section 161A authority, and comments received in response to prior versions of this proposed rule. Furthermore, to ensure consistency between processes, the NRC would also make corresponding changes to the proposed process for obtaining enhanced weapons authority.

    Sunsetting of Orders

    In the Staff Requirements Memorandum (SRM) to SECY-12-0125, “Staff Requirements—Interim Actions to Execute Commission Preemption Authority Under Section 161A of the Atomic Energy Act of 1954, as Amended” (ADAMS Accession No. ML12326A653), the Commission directed the NRC staff to include in the final rule a plan “to sunset the interim designation order and the confirmatory orders.” Accordingly, the NRC has developed a plan to sunset these orders and is taking advantage of this supplemental proposed rule to include new language in §§ 73.18 and 73.19 to accomplish the Commission's direction. The NRC is proposing new paragraphs in §§ 73.18 and 73.19 to indicate that NRC approvals of Section 161A authority via confirmatory order would remain valid after issuance of a final rule. However, the licensees who received orders granting preemption authority prior to issuance of a final rule would be subject to the implementing regulations in §§ 73.18 and 73.19, in lieu of the requirements specified in the confirmatory orders (i.e., the requirements of the orders would be superseded in their entirety by the requirements in the final rule). The licensees who receive these confirmatory orders would be required, within 60 days of the effective date of the final rule, to update their applicable procedures, instructions, and training to reflect the final rule's requirements. These licensees would be required to notify the NRC, within 70 days of the effective date of the final rule, when they have completed these actions. Once the NRC receives this notification and inspects the licensee's transition actions, the NRC would rescind the orders.

    The Commission would rescind its designation of licensed facilities as part of an interim class of facilities eligible to apply for preemption authority prior to issuance of a final rule once the Enhanced Weapons rule is implemented. The Commission would designate the permanent classes of facilities eligible to apply for Section 161A authority in § 73.18(c) of the rule. All of the facilities issued a designation order would be included in the final rule's list of designated facilities (i.e., power reactor facilities, Cat. I SSNM facilities, and at-reactor ISFSIs). Accordingly, the firearms background check requirements contained in these designation orders would be replaced in their entirety by the requirements in § 73.19.

    Public Comments

    At this time, the NRC is only seeking comments on the revisions proposed by this supplemental proposed rule. The NRC will address public comments on the February 2011 proposed rule, the January 2013 supplemental proposed rule, and this supplemental proposed rule in the final rule.

    IV. Section-by-Section Analysis

    The following paragraphs describe the specific changes proposed by this supplemental proposed rule.

    10 CFR 73.2, Definitions

    The proposed new definitions for the terms Combined enhanced weapons authority and preemption authority, Covered weapon, and Stand-alone preemption authority would be revised to reflect the revised 2014 Firearms Guidelines. The proposed new definition for the term Standard weapon would be removed to reflect the revised 2014 Firearms Guidelines with conforming, editorial changes made to the proposed definition for the term Enhanced weapon.

    10 CFR 73.18, Authorization for Use of Enhanced Weapons and Preemption of Firearms Laws

    In paragraph (d), the NRC would set forth the requirements and process for licensees and certificate holders who are included within the classes of facilities, radioactive material, and other property specified in § 73.18(c)(1) and desire to voluntarily apply for stand-alone preemption authority under Section 161A of the AEA. The application would require initial information describing the licensee's or certificate holder's request for preemption authority, its purposes and objectives for requesting this authority, and a description of its Firearms Background Check Plan, including training for security personnel on the background check disqualifying conditions and notification requirements. Firearms background checks would only be required for security personnel whose official duties require access to covered weapons, of licensees or certificate holders who apply for Section 161A authority. Licensees and certificate holders would be required to submit their applications in writing and under oath or affirmation.

    The licensee or certificate holder would also be required to submit supplemental information to the NRC on the completion of satisfactory firearms background checks and required training for security personnel who require access to covered weapons. The timing of the submission of the supplemental information will be at the discretion of the licensee or certificate holder, although the licensee or certificate holder must have completed a sufficient number of satisfactory checks to permit the licensee or certificate holder to meet its security-personnel minimum staffing requirements as specified in its physical security plan and any applicable fatigue requirements under 10 CFR part 26.

    Subsequent to the completion of the submission of all required information, the NRC will review the information and document the agency's decision to approve or disapprove the application.

    Licensees or certificate holders cannot commence firearms background checks until they have received notification from the NRC that the agency has accepted for review their application for stand-alone preemption authority. Once the NRC has reviewed and approved a licensee's or certificate holder's application for stand-alone preemption authority, the licensee or certificate holder must assign only security personnel who have completed a satisfactory firearms background check to duties requiring access to covered weapons.

    In paragraph (e), the NRC would set forth the requirements and process for eligible licensees and certificate holders (as specified in § 73.18(c)(2)) who choose to voluntarily apply for combined enhanced weapons authority and preemption authority under Section 161A of the AEA. Paragraph (e) would require in the application initial information describing the licensee's or certificate holder's request for enhanced weapons authority, its purposes and objectives for requesting this authority, and a description of its proposed Firearms Background Check Plan, including training of security personnel on the disqualifying status conditions and events. The application would be required to address how security personnel notify the licensee or certificate holder security management of the identification or occurrence of any Federal or State disqualifying conditions or events. Also, under the 2011 proposed rule, applicants for combined enhanced weapons and preemption authority that already have preemption authority under § 73.18(d) would not be required to reapply for preemption authority in their § 73.18(e) application. That aspect of the 2011 proposed rule is unchanged by this supplemental proposed rule.

    Firearms background checks would only be required of applicants for Section 161A authority. Those regulated entities required to conduct firearms background checks would need to conduct the checks on all security personnel whose official duties require access to covered weapons, which includes enhanced weapons. Licensee and certificate holders would be required to submit their applications in writing and under oath or affirmation. Licensees applying for combined enhanced weapons authority and preemption authority would be required to submit their application under the applicable regulations for a license amendment in 10 CFR parts 50, 52, 70, or 72. Certificate holders to which the supplemental proposed rule would apply (i.e., 10 CFR part 76 certificate of compliance holders), would be required to submit their applications under the applicable regulations for a certificate of compliance amendment under 10 CFR part 76.

    The application would include the additional technical information required by § 73.18(f) addressing the specific enhanced weapons that the licensee or certificate holder intends to use. The licensee or certificate holder would also submit supplemental information to the NRC on the completion of both the firearms background checks and the required training (on disqualifying conditions and events) for security personnel whose official duties require access to covered weapons. For this purpose, the term “completion” means that a sufficient number of satisfactory checks are complete to meet a regulated entity's minimum staffing and fatigue requirements.

    The timing of the submission of the supplemental information would be at the discretion of the licensee or certificate holder when a sufficient number of satisfactory checks are complete. A licensee or certificate holder who has previously been approved for stand-alone preemption authority would not be required to repeat the initial firearms background checks on security personnel conducted to support its original application; rather the licensee or certificate holder would only need to state in its application for enhanced weapons authority that it was previously granted preemption authority by the NRC and provide the effective date of that authority.

    The NRC would review the application and supplemental submittals and would document the agency's decision to approve or disapprove the application.

    Licensees or certificate holders must commence firearms background checks only after they have received notification from the NRC that the agency has accepted for review their application for combined enhanced weapons authority and preemption authority. Furthermore, once the NRC has approved a licensee's or certificate holder's application for combined enhanced weapons authority and preemption authority, the licensee or certificate holder must assign only security personnel who have completed a satisfactory firearms background check to duties requiring access to any covered weapons (including enhanced weapons).

    Licensees and certificate holders who have been previously approved for enhanced weapons authority and wish to use a different type, caliber, or quantity of enhanced weapons from that previously approved by the NRC would be required to submit a new application under paragraph (e).

    In paragraph (f)(2)(iii), a conforming change would be made to remove the reference to employment of “standard weapons” in the safeguards contingency plan.

    In paragraph (j), a corrective change would be made to add § 73.51 to the list of regulations specifying training requirements on the use of enhanced weapons at specific license ISFSIs. This change would address the potential for an at-reactor, specific license ISFSI to possess enhanced weapons at both the reactor and the co-located ISFSI. This provision would require the ISFSI licensee employing enhanced weapons to train its security personnel on the use of sufficient force, including deadly force, consistent with the co-located power reactor facility. Such training is already required for the reactor licensee's security personnel under the reactor security requirements in § 73.55(k)(3). The NRC anticipates that such co-located licensees would use a single integrated guard force for both facilities such that the security personnel are considered fungible between the two facilities. Consequently, the application of the same training requirements for the use of the enhanced weapons is appropriate.

    In paragraphs (n)(2), (n)(3), and (n)(4), conforming changes would replace the term “covered weapons” with “enhanced weapons” to be consistent with the revised 2014 Firearms Guidelines.

    In paragraph (s), the NRC would add new provisions to provide for the transition from stand-alone preemption authority and enhanced weapons authority approved by the NRC via orders to a licensee or certificate holder, to approval via the proposed regulations in § 73.18. While the NRC's previous authorizations for Section 161A authority under those orders would remain valid, these licensees would be subject to the implementing requirements of § 73.18, in lieu of the requirements contained in these orders. However these licensees would not be required to reapply for Section 161A authority under the provisions of § 73.18. Licensees would be required to update procedures, instructions, and training to reflect any revised requirements in the final rule and notify the NRC of the completion of this action. The licensee's actions and notification would be required to be completed within 60 days and 70 days, respectively, of the effective date of the final rule. Following receipt of the licensee's notification and inspection of the licensee's actions, the NRC would rescind these orders.

    10 CFR 73.19, Firearms Background Checks for Armed Security Personnel

    Paragraph (b) would be revised in its entirety to define new general requirements regarding the completion of firearm background checks. This would include a requirement to establish a Firearms Background Check Plan and to specify the elements of this plan. A Firearms Background Check Plan would be a component of the licensee's or certificate holder's 10 CFR part 73, appendix B, required Training and Qualification plan for security personnel whose official duties require access to covered weapons. Only those licensees and certificate holders who have voluntarily applied for Section 161A authority (i.e., stand-alone preemption authority or for combined enhanced weapons authority and preemption authority) would be required to conduct firearms background checks on their security personnel. Accordingly, such licensees and certificate holders would be required to establish and implement a Firearms Background Check Plan.

    Paragraph (b)(2) would describe the groups of individuals included within the term security personnel whose official duties require access to covered weapons. In addition to the security officers themselves (who directly protect the facility or radioactive material), this term would include other groups of individuals who have access to covered weapons and in some cases only enhanced weapons. Examples would include, but are not limited to, firearms instructors, armorers, individuals issuing and checking in weapons, individuals with access to armories and weapons storage lockers, and individuals conducting inventories of enhanced weapons or removing enhanced weapons from the site for authorized purposes. Paragraph (b)(3) would specify the elements of the Firearms Background Check Plan. Paragraphs (b)(4) through (b)(9) would address requirements on conducting firearms background checks. Licensees or certificate holders must commence firearms background checks only after they have received notification from the NRC that the agency has accepted for review their application for either stand-alone preemption authority or for combined enhanced weapons authority and preemption authority. Furthermore, once the NRC has approved a licensee's or certificate holder's application for either stand-alone preemption authority or for combined enhanced weapons authority and preemption authority, the licensee or certificate holder must assign only security personnel who have completed a satisfactory firearms background check to duties requiring access to covered weapons. Also, applicants for an NRC license or certificate of compliance may not conduct firearms background checks until after the NRC has both issued their license or certificate of compliance and accepted their application for Section 161A authority for review. These two steps may occur in any order. Finally, this section also includes a requirement to remove individuals from duties requiring access to covered weapons if they receive a “denied NICS response.” This also includes removing individuals from duties requiring access to enhanced weapons if the individual receives a “delayed NICS response.”

    Paragraph (b)(10) would specify the requirements for a periodic firearms background check, which would be required at least once every 5 years from the most recent check. This periodicity would be consistent with the Commission's designation order issued to several licensees. Licensees and certificate holders would be able to conduct periodic firearms background checks at a shorter periodicity than every 5 years, at their discretion.

    Security personnel that cease to be employed by a licensee, certificate holder, or security contractor, are considered to have a break in service for the purposes of the enhanced weapons rulemaking. The licensee or certificate holder would need to complete a new satisfactory firearms background check for security personnel who experience a break in service as described in paragraph (b)(11). Paragraph (b)(11) also addresses exceptions to the break in service requirement. Paragraph (b)(12) would address changes in the licensee, certificate holder, or their security contractor that do not require a break in service firearms background check. Paragraph (b)(13) would prohibit licensees and certificate holders from using a satisfactory firearms background check in lieu of completing other required criminal history records checks or background investigations specified in the NRC's access authorization or personnel security clearance programs under other provisions of 10 CFR chapter I.

    Paragraph (b)(14) would not require a new initial firearms background check for security personnel who have completed a satisfactory firearms background check pursuant to a Commission designation order issued before the effective date of the final rule. However, these security personnel would remain subject to the periodic firearms background check and the break in service firearms background check requirements of § 73.19. Paragraph (b)(15) would require a licensee or certificate holder to discontinue conducting firearms background checks if it withdraws its application for Section 161A authority. Paragraph (b)(16) would require a licensee or certificate holder to discontinue conducting firearms background checks if the NRC rescinds or revokes its Section 161A authority, in accordance with § 73.18.

    Paragraph (c) would be removed and reserved. Because § 73.18(c) contains the list of classes of facilities and activities eligible to apply for Section 161A authority and only licensees and certificate holders who have applied to the NRC under § 73.18 for Section 161A authority are eligible under § 73.19 to conduct firearms background checks of their security personnel, the list of classes of facilities and activities previously proposed in § 73.19(c) for conducting firearms background checks is now redundant and unnecessary.

    Paragraph (f) would be revised to require periodic firearms background checks to be completed at least once every 5 calendar years. This change would make the proposed rule consistent with the 2014 Firearms Guidelines and the Commission's designation order EA-13-092, which required periodic firearms background checks at least once every 5 years on security personnel who require access to covered weapons. Second, a requirement would be added to specify an allowance period for completion of a satisfactory periodic firearms background check of 5 years from the date of the most recent firearms background check. This allowance period would be consistent with the Commission's designation order. Third, the revised language would clarify that security personnel may remain assigned to duties requiring access to covered weapons while pending completion of a periodic firearms background check. However, if a satisfactory firearms background check is not completed by the end of the allowance period, then the security personnel must be removed from duties requiring access to covered weapons. Independent of the direction in paragraph (f), an individual who receives a “denied NICS response” during a periodic firearms background check must be removed without delay from duties requiring access to covered weapons. Finally, the NRC would continue to permit licensees and certificate holders to accomplish periodic firearms background checks at a shorter periodicity than the maximum requirement (i.e., more frequently than once every 5 years), at the licensee's or certificate holder's discretion.

    Paragraph (g) would be revised to clarify the exception for when a licensee or certificate holder is required to notify the NRC that it has removed security personnel from duties requiring access to covered weapons. This exception is intended to encourage security personnel to notify the licensee's or certificate holder's security management of the occurrence of any Federal or State disqualifying status condition or event within 72 hours. If the security personnel make the notification, then the licensee or certificate holder is not required to notify the NRC within 72 hours of the security personnel's removal. However, in all circumstances, the licensee or certificate holder would be required to maintain records of such removals under the Firearms Background Check Plan, as required under revised paragraph (b)(3)(vi).

    Paragraph (h) would be revised to change the notification timeliness requirement for security personnel who have had a disqualifying status condition or event from “3 working days” to “72 hours” to improve regulatory clarity and consistency with the licensee's and certificate holder's current proposed notification timeliness requirement in paragraph (g).

    Paragraph (j) would be revised to clarify the scope of the training modules required for security personnel who are subject to firearms background checks under the licensee's or certificate holder's Firearms Background Check Plan, as required under paragraph (b)(3)(iii). Modules would be required on Federal disqualifying status conditions or events, applicable State disqualifying status conditions or events, the process for appealing adverse firearms background check results, and the ongoing obligation of security personnel who are subject to a firearms background check to notify their licensee's or certificate holder's security management of the occurrence of such a disqualifying status condition or event. The modules would also include the requirement on the timeliness of such notifications (i.e., within 72 hours of the occurrence of the disqualifying condition or event). Finally, periodic refresher training on these modules would be required annually.

    Paragraph (p)(1) would be revised to clarify its applicability to security personnel subject to a firearms background check and to remove the current exception cross-reference to paragraph (b). Limitations on security personnel's access to covered weapons during the pendency of an appeal to the FBI would now be found solely in paragraph (p).

    Minor editorial changes would be made to paragraph (p)(5), including adding a title and renumbering subparagraphs. Paragraph (p)(5)(iv) would be revised to indicate that individuals who are appealing a firearms background check should submit a request for extension of time, with respect to the 45-day timeliness requirement on submitting an appeal, to their licensee or certificate holder rather than to the FBI. The licensee or certificate holder may grant an extension request for good cause, as determined by the licensee or certificate holder. This change is consistent with the 2014 Firearms Guidelines.

    In paragraph (r), the NRC would add new provisions to provide for the transition from preemption authority and enhanced weapons authority approved by the NRC via designation orders and confirmatory orders to approvals via the proposed regulations in § 73.19. While the NRC's authorizations for Section 161A authority would remain valid after issuance of a final rule and licensees would not need to reapply for Section 161A authority, these licensees would be subject to the implementing requirements of § 73.19, in lieu of the requirements contained in these orders. However, licensees would not be required to repeat their initial firearms background checks. Licensees would be required to update procedures, instructions, and training to reflect any revised requirements in the final rule and notify the NRC of the completion of this action. The licensee's actions and notification would be required to be completed within 60 days and 70 days, respectively, of the effective date of the final rule. Following receipt of the licensee's notification and inspection of the licensee's actions, the NRC would rescind these orders.

    10 CFR 73.51, Requirements for the Physical Protection of Stored Spent Nuclear Fuel and High-Level Radioactive Waste

    Paragraph (f) would be added as a conforming change to the proposed change to § 73.18(j) to reflect the potential for a specific license, at-reactor ISFSI to possess covered weapons at both the reactor and the co-located ISFSI. This provision would require ISFSI licensees employing covered weapons to train their security personnel on the use of sufficient force, including deadly force. The NRC anticipates that the security organization for a reactor and a co-located specific license ISFSI employing covered weapons would use an integrated security organization such that the security personnel are considered fungible between these two facilities. Accordingly, the NRC considers it appropriate to require both the reactor and ISFSI security personnel carrying covered weapons to be trained on the same standards on the use of force, including deadly force. This proposed language is consistent with the current regulations on training of security personnel on the use of force under § 73.55(k)(3) for reactor licensees and § 73.46(h)(5) for Cat. I SSNM licensees and certificate holders.

    V. Cumulative Effects of Regulation

    Cumulative Effects of Regulation (CER) consists of the challenges licensees may face in addressing the implementation of new regulatory positions, programs, and requirements (e.g., rulemaking, guidance, generic letters, backfits, inspections). The CER may manifest in several ways, including the total burden imposed on licensees by the NRC from simultaneous or consecutive regulatory actions that can adversely affect the licensee's capability to implement those requirements while continuing to operate or construct its facility in a safe and secure manner.

    The goals of the NRC's CER effort were met throughout the development of this supplemental proposed rule. During the development of the 2011 proposed rule, the NRC staff engaged external stakeholders at a public meeting and by soliciting public comments on the proposed rule and draft guidance documents. The public meeting was held at NRC Headquarters on June 1, 2011, to discuss the proposed implementation plan. A summary of the public meeting is in ADAMS under Package Accession No. ML111720007. Additionally, the NRC staff issued several draft guidance documents for comment in conjunction with the publication of the 2011 proposed rule. The feedback from this meeting and the public comments on the 2011 proposed rule informed the NRC staff's recommended schedule for the implementation of the new enhanced weapons requirements in this supplemental proposed rule.

    Consistent with SECY-11-0032, “Consideration of the Cumulative Effects of Regulation in the Rulemaking Process,” dated March 2, 2011 (ADAMS Accession No. ML110190027), the NRC requests specific comment on the supplemental proposed rule's implementation schedule in light of any existing CER challenges, specifically:

    a. Do the supplemental proposed rule's compliance date and submittal dates provide sufficient time to implement the new supplemental proposed requirements, including changes to programs, procedures, and the facility, in light of any ongoing CER challenges?

    b. If there are ongoing CER challenges, what do you suggest as a means to address this situation (e.g., if more time is required to implement the new requirements, what time period is sufficient)?

    c. Are there unintended consequences (e.g., does the supplemental proposed rule create conditions that would be contrary to the supplemental proposed rule's purpose and objectives)? If so, what are the unintended consequences?

    d. Please comment on the NRC's cost and benefit estimates in the supplemental proposed rule regulatory analysis (ADAMS Accession No. ML15232A013).

    The NRC staff identified one draft guidance document that is affected by the revised proposed regulations described in this document and is issuing this revised guidance document for public comment concurrent with this supplemental proposed rule (see Section XIV, “Availability of Guidance”).

    VI. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This supplemental proposed rule affects only the licensing and operation of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810).

    VII. Regulatory Analysis

    The NRC has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the NRC. The draft regulatory analysis can be found under ADAMS Accession No. ML15232A013. The NRC requests public comment on the draft regulatory analysis. Comments on the draft regulatory analysis may be submitted to the NRC as indicated under the ADDRESSES caption of this document.

    VIII. Backfitting and Issue Finality

    This supplemental proposed rule contains the following: (i) Proposed provisions which reduce the regulatory burden associated with the original 2011 proposed rule and the 2013 supplemental proposed rule and (ii) additional provisions—not contained in either the original 2011 proposed rule or the 2013 supplemental proposed rule—which facilitate licensees' capability to obtain burden reduction (i.e., proposed sunsetting of the interim designation order and the confirmatory orders). The provisions of this supplemental proposed rule are effectively voluntary in nature, and would not impose modifications or additions to existing structures, components, designs, or existing procedures or organizations if adopted in final form. Accordingly, the provisions of this supplemental proposed rule, if adopted as a final rule, would not constitute backfitting or otherwise be inconsistent with any issue finality provision in 10 CFR part 52. The consideration of backfitting for the original 2011 proposed rule and the 2013 supplemental proposed rule, considered together, bounds the backfitting and issue finality consideration for this supplemental proposed rule. Therefore, a backfit analysis is not required and has not been completed for any of the provisions of this supplemental proposed rule.

    IX. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274), requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883). The NRC requests comment on the document with respect to the clarity and effectiveness of the language used.

    X. Environmental Assessment and Proposed Finding of No Significant Environmental Impact

    In the proposed rule published on October 26, 2006, the Commission determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in subpart A of 10 CFR part 51, that the proposed rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement was not required. Instead, the agency prepared a draft environmental assessment on the proposed rule for public comment.

    In the proposed rule published on February 3, 2011, the determination was that there will be no significant offsite impact to the public from this action. Therefore, the Commission concluded that because of the nature of the proposed changes to the firearms background checks and the enhanced weapons provisions presented in the 2011 proposed rule, the assumptions in the October 2006 proposed rule were not changed so the Commission was not seeking additional comment on the 2006 environmental assessment. Similarly here, the nature of the changes to the firearms background check and the enhanced provisions in this supplemental proposed rule do not change the assumptions in the 2011 proposed rule and the October 2006 environmental assessment. Accordingly, the Commission is not seeking additional comment on the environmental assessment. Availability of the environmental assessment is provided in Section XV, “Availability of Documents,” of this document.

    XI. Paperwork Reduction Act

    This supplemental proposed rule contains new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This supplemental proposed rule has been submitted to the Office of Management and Budget (OMB) for review and approval of the information collections.

    Type of submission, new or revision: Revision.

    The title of the information collection: 10 CFR part 73, “Enhanced Weapons, Firearms Background Checks, and Security Event Notifications,” supplemental proposed rule, and NRC Form 754, “Armed Security Personnel Background Check.”

    The form number if applicable: NRC Form 754.

    How often the collection is required or requested: One time for power reactor licensees and Cat, I SSNM licensees and certificate holders applying for combined enhanced weapons authority. Initial submissions of NRC Form 754 will be required for all of a licensee's or certificate holder's security personnel whose duties require access to covered weapons; thereafter, recurring firearms background checks and completion of NRC Form 754 will be required once every 5 years. One time for licensees and certificate holders who received confirmatory orders and must update their procedures, instructions, and training materials.

    Who will be required or asked to respond: The supplemental proposed rule would require only those licensees and certificate holders who apply for Section 161A authorities to submit information about their security personnel for firearms background checks. Licensees and certificate holders that had received confirmatory orders approving Section 161A authority would be required to update within 60 days after the final rule effective date any procedures, instructions, and training material on a one-time basis. The regulated entities that would be eligible to apply for Section 161A authorities are operating nuclear power reactors located at 61 sites and their co-located at-reactor ISFSIs, 10 decommissioning power reactor sites, 3 other reactor sites, and 2 fuel cycle facilities authorized to possess Cat. I SSNM. In addition to those regulated entities and consistent with the 2011 proposed rule, modified security event notifications under different paragraphs of § 73.71 would also affect 42 research and test reactor (RTR) sites, 6 Cat. II and III Special Nuclear Material sites, 7 ISFSI sites not co-located with a reactor, and 2 hot cell sites.

    An estimate of the number of annual responses: 4,085 (2,992 responses for 10 CFR part 73 requirements and 1,093 responses for NRC Form 754).

    The estimated number of annual respondents: 133.

    An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 47,906.4 hours (45,399.8 hours for 10 CFR part 73 requirements and 2,506.7 hours for NRC Form 754).

    Abstract: The NRC is proposing to amend current security regulations and add new security requirements pertaining to nuclear power reactors and Cat. I SSNM facilities for access to enhanced weapons and firearms background checks. The supplemental proposed rule would modify the information collections contained in the Enhanced Weapons, Firearms Background Checks, and Security Event Notifications rulemaking. First, firearms background checks would be required for security personnel for only those licensees and certificate holders who have applied for Section 161A authority (i.e., either stand-alone preemption authority or combined enhanced weapons authority and preemption authority). As a result, the number of respondents to new §§ 73.18 and 73.19 would be reduced compared to the proposed rule published in the Federal Register on February 3, 2011 (76 FR 6199). Second, periodic firearms background checks would be required at least once every 5 years rather than every 3 years. Third, applications for Section 161A authority would be required to describe the applicant's purposes and objectives in requesting the authority. Finally, the supplemental proposed rule would add requirements for licensees and certificate holders that had received confirmatory orders approving Section 161A authority to update within 60 days after the final rule effective date any procedures, instructions, and training material on a one-time basis. These information collections are needed to enable the NRC to implement the mandate of Section 161A of the AEA to verify that security personnel who will have access to enhanced weapons have been subject to a background check by the Attorney General to verify that an individual is not prohibited under Federal or State law from possessing or receiving firearms.

    The 2011 proposed rule also would modify the security event notification requirements under different paragraphs of § 73.71. This supplemental proposed rule would not change those proposed modified requirements, but they are repeated in the supporting statement for completeness. The proposed security event notification requirements would be used to meet the NRC's strategic mission to immediately communicate threats or attack information to the Department of Homeland Security (DHS) operations center under the National Response Framework. The NRC also has a strategic mission to immediately communicate threat or attack information to other appropriate NRC licensees and certificate holders so that they can increase their security posture at their facilities or for their shipments of spent nuclear fuel, high-level radioactive waste, or Cat. I SSNM. This prompt notification could be vital in increasing another licensees' ability to defeat poorly-synchronized multiple-site attacks and in protecting the lives of security and plant personnel (at a second facility) in such un-coordinated attacks. This prompt notification could also be vital in increasing the defensive posture of other government or critical infrastructure facilities to defeat poorly-synchronized multiple-sector attacks.

    The NRC is seeking public comment on the potential impact of the information collections contained in this proposed rule and on the following issues:

    1. Is the proposed information collection necessary for the proper performance of the functions of the NRC, including whether the information will have practical utility?

    2. Is the estimate of the burden of the proposed information collection accurate?

    3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?

    4. How can the burden of the proposed information collection on respondents be minimized, including the use of automated collection techniques or other forms of information technology?

    A copy of the OMB clearance package and proposed rule is available in ADAMS under Accession No. ML15035A635 or may be viewed free of charge at the NRC's PDR, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. You may obtain information and comment submissions related to the OMB clearance package by searching on http://www.regulations.gov under Docket ID NRC-2011-0018.

    You may submit comments on any aspect of these proposed information collections, including suggestions for reducing the burden and on the preceding issues, by the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0018.

    • Mail comments to: FOIA, Privacy, and Information Collections Branch, Office of Information Services, Mail Stop: T-5 F53, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or to Vlad Dorjets, Desk Officer, Office of Information and Regulatory Affairs (3150-0002 and 3150-0204), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-7315, email: [email protected]

    Submit comments by December 7, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date.

    Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

    XII. Criminal Penalties

    For the purposes of Section 223 of the AEA, the NRC is issuing this supplemental proposed rule that would amend 10 CFR part 73 under Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule would be subject to criminal enforcement. Criminal penalties as they apply to regulations in 10 CFR part 73 are already discussed in § 73.81. Accordingly, §§ 73.18 and 73.19 will not be included in § 73.81(b).

    XIII. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113), requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies, unless using such a standard is inconsistent with applicable law or is otherwise impractical. In this supplemental proposed rule, the NRC is using standards from applicable firearms standards developed by nationally recognized firearms organizations or standard setting bodies or from standards developed by (1) Federal agencies, such as the U.S. Department of Homeland Security's Federal Law Enforcement Training Center, the U.S. Department of Energy's National Training Center, and the U.S. Department of Defense; (2) State law-enforcement training centers; or (3) State Division (or Department) of Criminal Justice Services (DCJS) Training Academies. The NRC invites comment on the applicability and use of other standards.

    XIV. Availability of Guidance

    The NRC is issuing draft regulatory guide (DG), DG-5020, Revision 1, “Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR part 73,” for the implementation of the proposed requirements set forth in this supplemental proposed rule. The draft guidance is available in ADAMS under Accession No. ML14322A847. In conjunction with the supplemental proposed rule, the NRC seeks public comment on DG-5020, Revision 1, which may be accessed by searching on http://www.regulations.gov under Docket ID NRC-2011-0015.

    In conjunction with the February 2011 proposed rule, the NRC issued for comment a new draft guide, DG 5020, Revision 0, “Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR part 73” (76 FR 6086; February 3, 2011). You may also access DG-5020, Revision 0, supporting material, and the public comments the NRC received on DG-5020, Revision 0, by searching on http://www.regulations.gov under Docket ID NRC-2011-0015.

    Revision 0 to DG-5020 contained detailed guidance on the implementation of the proposed requirements for applying for enhanced weapons authority, for applying for preemption authority, and conducting firearms background checks. However, DG-5020, Revision 0, did not include at-reactor ISFSIs under the applicability section; rather, the DG reserved a section for additional facilities to be added by future rulemakings or Commission orders. The addition of at-reactor ISFSIs to the DG as an eligible class of licensees to apply for Section 161A authority would not appreciably change the guidance contained in DG-5020, Revision 0. Accordingly, the NRC did not issue a revision to DG-5020, Revision 0, for comment in conjunction with the January 2013 supplemental proposed rule.

    However, the changes contained in this supplemental proposed rule are substantive enough to warrant a revision to DG-5020, Revision 0. Accordingly, the NRC staff developed Revision 1 to DG-5020 to reflect the changes in this supplemental proposed rule and the previous supplemental proposed rule which added at-reactor ISFSIs.

    You may submit comments on DG-5020, Revision 1, by the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0015. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]

    Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    XV. Availability of Documents

    The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

    Document ADAMS Accession No./Federal Register Citation Firearms Guidelines 74 FR 46800; September 11, 2009. Firearms Guidelines, Revision 1 79 FR 36100; June 25, 2014. Environmental Assessment (October 2006 proposed rule) ML061920093. Regulatory Analysis
  • Regulatory Analysis-appendices
  • (October 2006 proposed rule)
  • ML061380803.
  • ML061380796.
  • ML061440013.
  • Information Collection Analysis ML092640277. NRC Form 754, “Armed Security Personnel Firearms Background Check” ML092650459. Commission: SECY-08-0050, “Firearms Guidelines Implementing Section 161A of the Atomic Energy Act of 1954 and Associated Policy Issues” (April 17, 2008) Package—ML072920478. Commission: SECY-08-0050A, “Firearms Guidelines Implementing Section 161A of the Atomic Energy Act of 1954 and Associated Policy Issues—Supplemental Information” (July 8, 2008) ML081910207. Commission: SRM-SECY-08-0050/0050A, “Firearms Guidelines Implementing Section 161A of the Atomic Energy Act of 1954 and Associated Policy Issues” (August 15, 2008) ML082280364. Letter Opinion from Bureau of Alcohol, Tobacco, Firearms, and Explosives' Office of Enforcement on the Transfer of Enhanced Weapons (January 5, 2009) ML090080191. Proposed Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Rule (February 3, 2011) ML103410132. DG-5020, Revision 0, “Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR Part 73” (February 3, 2011) ML100321956. DG-5020, Revision 1, “Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR Part 73” ML14322A847. Commission: SECY-12-0027, “Preemption Authority Pursuant to Section 161A, `Use of Firearms by Security Personnel,' of the Atomic Energy Act of 1954, as Amended” (February 17, 2012) ML113130015. Commission: SRM-SECY-12-0027, “Preemption Authority Pursuant to Section 161A, `Use of Firearms by Security Personnel,' of the Atomic Energy Act of 1954, as Amended” (May 3, 2012) ML12124A377. Commission: SECY-12-0125, “Interim Actions to Execute Commission Preemption Authority Under Section 161A of the Atomic Energy Act of 1954, as Amended” (September 20, 2012) Package—ML12164A839. Commission: SRM-SECY-12-0125, “Interim Actions to Execute Commission Preemption Authority Under Section 161A of the Atomic Energy Act of 1954, as Amended” (November 21, 2012) ML12326A653. NUREG/BR-0058, “Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission,” Revision 4 (September 30, 2004) ML042820192. Order EA-13-092: “Order Designating an Interim Class of NRC-Licensed Facilities That are Eligible to Apply to the Commission for Authorization to Use the Authority Granted Under the Provisions of Section 161a of the Atomic Energy Act of 1954, as Amended” 78 FR 35984; June 14, 2013. Draft Supporting Statement for the second supplemental proposed rule ML15035A633.

    Throughout the development of this rule, the NRC staff may post documents related to this rule, including public comments, on the Federal rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2011-0018 and NRC-2011-0015. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2011-0018 and NRC-2011-0015); (2) click the “Sign up for Email Alerts” link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly).

    List of Subjects in 10 CFR Part 73

    Criminal penalties, Exports, Hazardous materials transportation, Incorporation by reference, Imports, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Security measures.

    For the reasons set out in the preamble and under the authority of the AEA, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the following amendments to 10 CFR part 73.

    PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1. The authority citation for part 73 continues to read as follows: Authority:

    Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 161A, 170D, 170E, 170H, 170I, 223, 234, 1701 (42 U.S.C. 2073, 2167, 2169, 2201, 2201a, 2210d, 2210e, 2210h, 2210i, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.

    Section 73.37(b)(2) also issued under Sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).

    2. In § 73.2, paragraph (a), as proposed to be added February 3, 2011 (76 FR 6232), revise the definitions for “Combined enhanced weapons authority and preemption authority,” “Covered weapon,” “Enhanced weapon,” and “Stand-alone preemption authority,”; and remove the definition for “Standard weapon” to read as follows:
    § 73.2 Definitions.

    (a) * * *

    Combined enhanced weapons authority and preemption authority means the authority granted to the Commission, at 42 U.S.C. 2201a, to authorize licensees or certificate holders, or the designated security personnel of the licensee or certificate holder, to transfer, receive, possess, transport, import, and use one or more categories of covered weapons, notwithstanding any State, local, or certain Federal firearms laws, including regulations, that prohibit or restrict such conduct.

    Covered weapon means any handgun, rifle, shotgun, short-barreled shotgun, short-barreled rifle, semi-automatic assault weapon, machine gun, ammunition for any of such weapons, or large capacity ammunition feeding device, as specified under 42 U.S.C. 2201a(b), that are otherwise prohibited or restricted by State, local, or certain Federal firearms laws, including regulations.

    Enhanced weapon means any short-barreled shotgun, short-barreled rifle, or machine gun. Enhanced weapons do not include destructive devices as specified under 18 U.S.C. 921(a)(4).

    Stand-alone preemption authority means the authority granted to the Commission, at 42 U.S.C. 2201a, to authorize licensees or certificate holders, or the designated security personnel of a licensee or certificate holder, to transfer, receive, possess, transport, import, and use one or more categories of covered weapons other than enhanced weapons, notwithstanding any State, local, or certain Federal firearms laws, including regulations, that prohibit or restrict such conduct.

    3. In § 73.18, as proposed to be added February 3, 2011 (76 FR 6233), revise paragraphs (d), (e), (f)(2)(iii), (j), (n)(2), (n)(3), and (n)(4); and add paragraph (s) to read as follows:
    § 73.18 Authorization for use of enhanced weapons and preemption of firearms laws.

    (d) Application process for stand-alone preemption authority. (1) Only licensees and certificate holders included within the classes of facilities, radioactive material, and other property listed in paragraph (c)(1) of this section may apply to the NRC for stand-alone preemption authority.

    (2) Licensees and certificate holders applying for stand-alone preemption authority must submit an application to the NRC using the procedures specified in this section.

    (3) The contents of the application must include the following information:

    (i) A statement indicating that the licensee or certificate holder is applying for stand-alone preemption authority under 42 U.S.C. 2201a;

    (ii) The Commission-designated facility, radioactive material, or other property to be protected by the licensee's or certificate holder's security personnel using the covered weapons;

    (iii) A description of the licensee's or certificate holder's purposes and objectives in requesting stand-alone preemption authority. This description must include whether these covered weapons are currently employed as part of the licensee's or certificate holder's existing protective strategy or whether these covered weapons will be used in a revised protective strategy; and

    (iv) A description of the licensee's or certificate holder's Firearms Background Check Plan required by § 73.19.

    (4) Licensees and certificate holders must supplement their application for stand-alone preemption authority with the following additional information:

    (i) A confirmation that a sufficient number of security personnel have completed a satisfactory firearms background check to meet the licensee's or certificate holder's security-personnel minimum staffing requirements as specified in its physical security plan and any applicable fatigue requirements under part 26 of this chapter;

    (ii) A confirmation that the necessary training modules and notification procedures have been developed under their Firearms Background Check Plan; and

    (iii) A confirmation that all security personnel whose official duties require access to covered weapons have been trained on these modules and notification procedures.

    (5) The licensee or certificate holder must submit both the application and the supplementary information to the NRC in writing, under oath or affirmation, and in accordance with § 73.4.

    (6) Upon the effective date of the NRC's approval of its application for stand-alone preemption authority, the licensee or certificate holder must only assign security personnel who have completed a satisfactory firearms background check to duties requiring access to any covered weapons.

    (e) Application process for combined enhanced weapons authority and preemption authority. (1) Only licensees and certificate holders included within the classes of facilities, radioactive material, and other property listed in paragraph (c)(2) of this section may apply to the NRC for combined enhanced weapons authority and preemption authority.

    (2) Licensees and certificate holders applying for combined enhanced weapons authority and preemption authority must submit an application to the NRC using the procedures specified in this section.

    (3) The contents of the application must include the following information:

    (i) A statement indicating that the licensee or certificate holder is applying for combined enhanced weapons authority and preemption authority under 42 U.S.C. 2201a.

    (ii) The Commission-designated facility, radioactive material, or other property to be protected by the licensee's or certificate holder's security personnel using the enhanced weapons.

    (iii) A description of the licensee's or certificate holder's purposes and objectives in requesting combined enhanced weapons authority and preemption authority. This must include whether these covered weapons are currently employed as part of the licensee's or certificate holder's existing protective strategy; or whether these covered weapons will be used in a revised protective strategy.

    (iv) A description of the licensee's or certificate holder's Firearms Background Check Plan required by § 73.19.

    (v) If the NRC has previously approved the licensee's or certificate holder's application for stand-alone preemption authority, under either paragraph (d) of this section or under a Commission Order issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or certificate holder must include the effective date of the NRC's approval of preemption authority in their application for combined enhanced weapons authority and preemption authority.

    (4) The licensee or certificate holder must include with their application the additional technical information required by paragraph (f) of this section.

    (5) Licensees and certificate holders must supplement their application with the following additional information:

    (i) A confirmation that a sufficient number of security personnel have completed a satisfactory firearms background check to meet the licensee's or certificate holder's security-personnel minimum staffing requirements as specified in its physical security plan and any applicable fatigue requirements under part 26 of this chapter;

    (ii) A confirmation that the necessary training modules and notification procedures have been developed under their Firearms Background Check Plan; and

    (iii) A confirmation that all security personnel whose official duties require access to covered weapons have been trained on these modules and notification procedures.

    (iv) Exceptions:

    (A) Licensees and certificate holders who were previously approved by the NRC for preemption authority under paragraph (d) of this section are not required to submit the supplemental information of this paragraph (as a component of their application for combined enhanced weapons authority and preemption authority).

    (B) Licensees and certificate holders who were previously approved by the NRC for preemption authority pursuant to a Commission Order issued before [IEFFECTIVE DATE OF FINAL RULE], are not required to submit the supplemental information of this paragraph (as a component of their application for combined enhanced weapons authority and preemption authority).

    (6) The licensee or certificate holder must submit its application in accordance with the applicable license amendment or certificate of compliance amendment provisions specified in §§ 50.90, 70.34, 72.56, or 76.45 of this chapter. The licensee or certificate holder must submit both the application and the supplementary information to the NRC in writing and under oath or affirmation.

    (7) If a licensee or certificate holder wishes to use a different type or caliber of enhanced weapons or obtain a different quantity of enhanced weapons from that previously approved by the Commission under this section, then the licensee or certificate holder must submit a new application to the NRC in accordance with paragraph (e) of this section (to address these different weapons or different quantities of weapons).

    (8) Upon the effective date of the NRC's approval of its application for combined enhanced weapons authority and preemption authority, the licensee or certificate holder must only assign security personnel who have completed a satisfactory firearms background check to perform duties requiring access to any covered weapons.

    (f) * * *

    (2) * * *

    (iii) The licensee or certificate holder must address in the safeguards contingency plan how the enhanced weapons will be employed by the security personnel in implementing the protective strategy, including tactical approaches and maneuvers; and

    (j) Use of enhanced weapons. Requirements regarding the general use of enhanced weapons by licensee or certificate holder security personnel, in the performance of their official duties, are contained in §§ 73.46, 73.51, and 73.55 and in appendices B, C, and H of this part, as applicable.

    (n) * * *

    (2) Security personnel transporting enhanced weapons to or from a licensee's or certificate holder's facility following the completion of, or in preparation for, the duty of escorting shipments of radioactive material or other property that is being transported to or from the licensee's or certificate holder's facility must ensure that these weapons are rendered safe and locked in a secure container during transport. Security personnel may transport unloaded weapons and ammunition in the same locked secure container.

    (3) Security personnel using enhanced weapons to protect shipments of radioactive material or other property that are being transported to or from the licensee's or certificate holder's facility must ensure that these weapons are maintained in a state of loaded readiness and available for immediate use, except when otherwise prohibited by 18 U.S.C. 922(q).

    (4) Security personnel transporting enhanced weapons to or from the licensee's or certificate holder's facility must comply with the requirements of § 73.19.

    (s) Sunsetting of orders. For licensees who received an NRC order approving an application for stand-alone preemption authority or combined preemption authority and enhanced weapons authority prior to [EFFECTIVE DATE OF FINAL RULE], the following provisions apply.

    (1) The NRC's approval via a confirmatory order of preemption authority or enhanced weapons authority under Section 161A for a licensee remains valid and licensees or certificate holders would not need to reapply for this authority.

    (2) Licensees issued such orders must comply with the requirements of this section. Accordingly, the requirements of such orders are superseded in their entirety by the requirements of this section.

    (3) Licensees issued such orders must update any procedures, instructions, and training material, developed in response to the orders, to reflect the transition from requirements under the order to the requirements of this section. Licensees must complete these transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL RULE].

    (4) Licensees issued such orders must notify the NRC in writing, in accordance with § 73.4, of the completion of these transition actions. Licensees must complete this notification by [DATE 70 DAYS AFTER THE EFFECTIVE DATE OF FINAL RULE].

    4. In § 73.19, as proposed to be added February 3, 2011 (76 FR 6237), revise paragraph (b); remove and reserve paragraph (c); revise paragraphs (f), (g), (h), (j), (p)(1), and (p)(5); and add paragraph (r) to read as follows:
    § 73.19 Firearms background checks for armed security personnel.

    (b) General requirements. (1) Licensees and certificate holders who have applied to the NRC under § 73.18 for stand-alone preemption authority or for combined enhanced weapons authority and preemption authority must comply with the provisions of this section. Such licensees and certificate holders must establish a Firearms Background Check Plan. Licensees and certificate holders must establish this plan as part of their overall NRC-approved Training and Qualification plan for security personnel whose official duties require access to covered weapons.

    (2) For the purposes of § 73.18 and this section only, the term security personnel whose official duties require access to covered weapons includes, but is not limited to, the following groups of individuals:

    (i) Security officers using covered weapons to protect a Commission-designated facility, radioactive material, or other property;

    (ii) Security officers undergoing firearms training on covered weapons;

    (iii) Firearms-training instructors conducting training on covered weapons;

    (iv) Armorers conducting maintenance, repair, and testing of covered weapons;

    (v) Individuals with access to armories and weapons storage lockers containing covered weapons;

    (vi) Individuals issuing covered weapons from armories to security personnel and checking in such weapons;

    (vii) Individuals conducting inventories of enhanced weapons;

    (viii) Individuals removing enhanced weapons from the site for repair, training, and escort-duty purposes; and

    (ix) Individuals whose duties require access to covered weapons, whether the individuals are employed directly by the licensee or certificate holder or they are employed by a security contractor who provides security services to the licensee or certificate holder.

    (3) The objectives of a Firearms Background Check Plan must include:

    (i) Completing firearms background checks for all security personnel whose official duties require access to covered weapons;

    (ii) Defining the process for completing initial, periodic, and break in service firearms background checks;

    (iii) Defining the training objectives and modules for security personnel who are subject to firearms background checks;

    (iv) Completing the initial and periodic training for security personnel whose official duties require access to covered weapons;

    (v) Maintaining records of completed firearms background checks, required training, and any supporting documents;

    (vi) Maintaining records of a decision to remove security personnel from duties requiring access to covered weapons, due to the identification or occurrence of any Federal or State disqualifying status condition or event; and

    (vii) Developing and implementing procedures for notifying the NRC of the removal of security personnel from access to covered weapons, due to the identification or occurrence of any Federal or State disqualifying status condition or event.

    (4) Licensees and certificate holders who have applied to the NRC for stand-alone preemption authority or for combined enhanced weapons authority and preemption authority under § 73.18 must ensure that a satisfactory firearms background check has been completed for all security personnel whose official duties require access to covered weapons.

    (5) Only licensees and certificate holders who have applied for Section 161A authority under § 73.18 may conduct firearms background checks.

    (6) The licensee or certificate holder must commence firearms background checks only after receiving notification from the NRC that the agency has accepted for review their application for stand-alone preemption authority or for combined enhanced weapons authority and preemption authority.

    (7) Applicability of firearms background checks to applicants for a license or certificate of compliance:

    (i) Applicants for a license or a certificate of compliance who have also submitted an application for Section 161A authority must only commence firearms background checks after:

    (A) The NRC has issued their license or certificate of compliance; and

    (B) The NRC has accepted their application for stand-alone preemption authority or for combined enhanced weapons authority and preemption authority for review.

    (ii) Subsequent to [EFFECTIVE DATE OF FINAL RULE], applicants for a license or a certificate of compliance who have also applied for Section 161A authority and been issued their license or certificate of compliance must ensure a satisfactory firearms background check (as defined in § 73.2) has been completed for all security personnel who require access to covered weapons, before the licensee's or certificate holder's initial receipt of any source material, special nuclear material, or radioactive material specified under the license or certificate of compliance.

    (8) Licensee and certificate holder actions in response to an adverse firearms background check (as defined in § 73.2):

    (i) The licensee or certificate holder must remove, without delay, from duties requiring access to covered weapons, any security personnel who receive a “denied NICS response;”

    (ii) The licensee or certificate holder must remove, without delay, from duties requiring access to enhanced weapons, any security personnel who receive a “delayed NICS response;” and

    (iii) If the security personnel to be removed is on duty at the time of removal, then the licensee and certificate holder must reconstitute the vacated position within the timeframe specified in their NRC-approved physical security plan.

    (9) Subsequent to the licensee's or certificate holder's receipt of notification that the NRC has approved its application for either stand-alone preemption authority or for combined enhanced weapons authority and preemption authority:

    (i) The licensee or certificate holder must complete a satisfactory firearms background check on security personnel, before assigning that individual to any duties that require access to covered weapons;

    (ii) The licensee or certificate holder may return to duties that require access to covered weapons any security personnel who has previously received an adverse firearms background check, if the individual subsequently completes a satisfactory firearms background check or successfully appeals an adverse firearms background check; and

    (iii) During the pendency of an individual's appeal to the Federal Bureau of Investigation (FBI) of an adverse firearms background check, the licensee or certificate holder must not assign such security personnel to duties that require access to covered weapons.

    (10) Accomplishment of periodic firearms background checks. (i) The licensee or certificate holder must complete a periodic firearms background check for security personnel whose duties require access to covered weapons. A satisfactory periodic firearms background check must be completed within 5 calendar years of the most recent satisfactory firearms background check.

    (ii) Licensees and certificate holders who had conducted firearms background checks pursuant to a confirmatory order issued by the NRC before [EFFECTIVE DATE OF FINAL RULE], must complete a periodic firearms background check for security personnel whose duties continue to require access to covered weapons. A satisfactory periodic firearms background check must be completed within 5 calendar years of the most recent satisfactory firearms background check.

    (iii) The licensee or certificate holder must complete the periodic firearms background check within the allowance period specified in paragraph (f) of this section.

    (11) Accomplishment of break in service firearms background checks. (i) The licensee or certificate holder must complete a new satisfactory firearms background check if the security personnel has had a break in service with their employing licensee, certificate holder, or their security contractor which is for a duration of greater than one week.

    (ii) The licensee or certificate holder must complete a new satisfactory firearms background check if the security personnel has transferred from a different licensee or certificate holder.

    (iii) A break in service means the security personnel's cessation of employment with the licensee, certificate holder, or their security contractor, notwithstanding that the previous licensee or certificate holder completed a satisfactory firearms background check on the individual within the last 5 years.

    (iv) Exceptions:

    (A) For the purposes of this section, a break in service does not include a security personnel's temporary active duty with the U.S. military reserves or National Guard.

    (B) The licensees or certificate holders, in lieu of completing a new satisfactory firearms background check, may instead verify via an industry-wide information-sharing database that the security personnel has completed a satisfactory firearms background check within the previous 12 months, provided that this previous firearms background check included a duty station location in the State or Territory where the licensee or certificate holder (who would otherwise be accomplishing the firearms background check) is located or the activity is solely occurring.

    (12) If subsequent to the NRC's approval of an application for Section 161A authority under § 73.18, a change occurs in the licensee's or certificate holder's ownership of a facility, radioactive material, or other property or a security contractor that provides security services to the licensee or certificate holder, then the licensee or certificate holder is not required to conduct a break in service firearms background check for the security personnel whose duties require access to covered weapons.

    (13) With regard to accomplishing the requirements for other background (e.g., criminal history records) checks or personnel security investigations under the NRC's access authorization or personal security clearance program requirements of this chapter, the licensee or certificate holder may not substitute a satisfactory firearms background check in lieu of completing these other required background checks or security investigations.

    (14) If a licensee or certificate holder has completed initial satisfactory firearms background checks pursuant to a Commission order issued before [EFFECTIVE DATE OF FINAL RULE], then the licensee or certificate holder is not required to conduct a new initial firearms background check for its current security personnel. However, the licensee or certificate holder must conduct initial firearms background checks on new security personnel and periodic and break in service firearms background checks on current security personnel in accordance with the provisions of this section.

    (15) A licensee or certificate holder who withdraws their application for Section 161A authority or whose application was disapproved by the NRC must discontinue conducting firearms background checks.

    (16) A licensee or certificate holder whose authority under Section 161A has been rescinded or was revoked by the NRC must discontinue conducting firearms background checks.

    (c) [Reserved]

    (f) Periodic firearms background checks. (1) Licensees and certificate holders must complete a satisfactory periodic firearms background check at least once every 5 calendar years for security personnel whose continuing duties require access to covered weapons.

    (2) Licensees and certificate holders must complete a periodic firearms background check within the same calendar month as the initial, or most recent, firearms background check with an allowance period to midnight of the last day of the calendar month of expiration.

    (3) Licensees and certificate holders may continue the security personnel's duties requiring access to covered weapons pending the satisfactory completion of a periodic firearms background check. However, licensees and certificate holders must remove security personnel from duties requiring access to covered weapons if the satisfactory completion of a periodic firearms background check does not occur before the expiration of the allowance period.

    (g) Notification of removal. (1) Licensees and certificate holders must notify the NRC Headquarters Operations Center by telephone within 72 hours after removing security personnel from duties requiring access to covered weapons due to the identification or occurrence of any Federal or State disqualifying status condition or event that would prohibit them from possessing, receiving, or using firearms or ammunition. Licensees and certificate holders must contact the NRC Headquarters Operations Center at the phone numbers specified in table 1 of appendix A of this part.

    (2) Exception. The licensee or certificate holder is not required to notify the NRC if the licensee's or certificate holder's security management was notified by the affected security personnel within 72 hours of the identification or occurrence of any Federal or State disqualifying status condition or event that would prohibit them from possessing, receiving, or using firearms or ammunition.

    (h) Security personnel responsibilities. (1) Security personnel assigned to duties requiring access to covered weapons must notify their employing licensee's or certificate holder's security management within 72 hours of the identification or occurrence of any Federal or State disqualifying status condition or event that would prohibit them from possessing, receiving, or using firearms or ammunition.

    (2) This notification requirement is applicable to all security personnel assigned duties requiring access to covered weapons, irrespective of whether they are directly employed by the licensee or certificate holder or employed by a contractor providing security services to the licensee or certificate holder.

    (j) Training for security personnel subject to firearms background checks. (1) Licensees and certificate holders must include within their Firearms Background Check Plan the development and accomplishment of training modules for security personnel assigned official duties requiring access to covered weapons.

    (2) The training modules must include information on the following topics:

    (i) Federal disqualifying status conditions or events specified in 18 U.S.C. 922(g) and (n) and the ATF's implementing regulations in 27 CFR part 478 (including any applicable definitions) identifying categories of persons who are prohibited from possessing, receiving, or using any firearms or ammunition;

    (ii) Any applicable State disqualifying status conditions or events;

    (iii) The continuing responsibility of security personnel subject to a firearms background check to promptly and voluntarily notify their employing licensee or certificate holder of the identification or occurrence of any Federal or State disqualifying status condition or event; and

    (iv) The process for appealing to the FBI a “denied” or “delayed” NICS response.

    (3) Licensees and certificate holders must conduct periodic refresher training on these modules at an annual frequency for security personnel assigned official duties requiring access to covered weapons.

    (p) Appeals and resolution of erroneous system information. (1) The licensee or certificate holder may not assign security personnel who have receive a “denied” or a “delayed” NICS response to duties requiring access to covered weapons:

    (i) During the pendency of an appeal of a “denied” NICS response; or

    (ii) During the pendency of providing to the FBI and evaluating any necessary additional information to resolve a “delayed” NICS response.

    (5) Challenges of the accuracy and correctness of records. (i) If the individual wishes to challenge the accuracy of the record upon which the “denied” or “delayed” response is based, or if the individual wishes to assert that his or her rights to possess or receive a firearm have been restored by lawful process, he or she must first contact the FBI at the address stated in paragraph (p)(4)(i) of this section.

    (ii) The individual must file any appeal of a “denied” response or file a request to resolve a “delayed” response within 45 calendar days after the date the licensee or certificate holder notifies the individual of the adverse response.

    (iii) The individual appealing a “denied” response or resolving a “delayed” response is responsible for providing the FBI any additional information the FBI requires to resolve the adverse response. These individuals must supply this information to the FBI within 45 calendar days after the FBI's response is issued.

    (iv) The individual may request extensions of the time to supply the additional information requested by the FBI in support of a timely appeal or resolution request. These extension requests must be made to the licensee or certificate holder. The licensee or certificate holder may grant an extension request for good cause, as determined by the licensee or certificate holder.

    (v) The individual's appeal or request submitted to the FBI must include appropriate documentation or record(s) establishing the legal and/or factual basis for the challenge. Any record or document of a court or other government entity or official furnished in support of an appeal must be certified by the court or other government entity or official as a true copy.

    (vi) The individual may supplement their initial appeal or request, subsequent to the 45-day filing deadline, with additional information as it becomes available, for example, where obtaining a true copy of a court transcript may take longer than 45 days. The individual should note in their appeal or request any information or records that are being obtained, but are not yet available.

    (r) Sunsetting of orders. For licensees who received an NRC order designating them as part of an interim class of facilities eligible to apply for Section 161A authority prior to [EFFECTIVE DATE OF FINAL RULE], the following provisions apply regarding the sunsetting of these designation orders.

    (1) Licensees issued such orders are no longer considered part of an interim class of facilities eligible to apply for Section 161A authority but instead are encompassed within the Commission-designated classes of facilities, activities, and other property specified in § 73.18(c).

    (2) Licensees issued such orders must comply with the requirements of this section, in lieu of complying with the firearms background check requirements of those orders. Accordingly, the requirements of those orders are superseded in their entirety by the requirements of this section.

    (3) Licensees issued such orders must update any procedures, instructions, and training material they have developed in response to the orders to reflect the transition from requirements under the order to the requirements of this section. Licensees must complete these transition actions by [DATE 60 DAYS AFTER THE EFFECTIVE DATE OF FINAL RULE].

    (4) Licensees issued such orders must notify the NRC in writing, in accordance with § 73.4, of the completion of these transition actions. Licensees must complete this notification by [DATE 70 DAYS AFTER THE EFFECTIVE DATE OF FINAL RULE].

    5. In § 73.51, add paragraph (f) to read as follows:
    § 73.51 Requirements for the physical protection of stored spent nuclear fuel and high-level radioactive waste.

    (f) Response requirements. For licensees employing covered weapons as part of their protective strategy, the licensee must train each armed member of the security organization using covered weapons to prevent or impede attempted acts of radiological sabotage by using force sufficient to counter the force directed at that armed member, including the use of deadly force as authorized by applicable State or Federal law.

    Dated at Rockville, Maryland, this 15th day of September, 2015.

    For the Nuclear Regulatory Commission.

    Annette L. Vietti-Cook, Secretary of the Commission.
    [FR Doc. 2015-23669 Filed 9-21-15; 8:45 am] BILLING CODE 7590-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 21 Notice of Intent To Designate as Abandoned Normal Category Type Certificate: Silvercraft S.co.p.a., Type Certificate No. H2EU AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of intent to designate Silvercraft S.p.A. type certificate issued in the normal category as abandoned; request for comments.

    SUMMARY:

    This notice announces the FAA's intent to designate Silvercraft S.co.p.a. (Silvercraft) Type Certificate (TC) H2EU, issued in the normal category, as abandoned. The FAA has been unable to locate Silvercraft, the TC holder, concerning the continued airworthiness of the aircraft certificated under its TC. The Federal Aviation Regulations (regulations) require that TC holders report certain failures, malfunctions, and defects to the FAA. The regulations also require, upon request, that TC holders submit design changes to the FAA that are necessary to correct any unsafe condition in their products. The FAA is responsible for surveillance of Silvercraft's ability to perform continued operational safety management and oversight of the helicopter on its TC. This action is intended to ensure that Silvercraft Model SH-4 helicopters are under a TC that has active continued operational safety management and oversight by a TC holder that can be subject to periodic safety audits by the FAA.

    DATES:

    Comments must be received on or before March 21, 2016.

    ADDRESSES:

    Comments on this notice must be submitted to the Federal Aviation Administration, Rotorcraft Standards Staff, ASW-110, Rotorcraft Directorate, 10101 Hillwood Pkwy., Fort Worth, Texas 76177; fax: (817) 222-5961.

    FOR FURTHER INFORMATION CONTACT:

    Tyrone D. Millard, Aerospace Engineer, FAA, Rotorcraft Directorate, Aircraft Certification Service, 10101 Hillwood Pkwy., Fort Worth, Texas 76177; telephone: (817) 222-5439; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    Interested parties are invited to provide comments, written data, views, or arguments relating to this notice. Comments should be submitted to the address specified above. All comments received on or before the closing date will be considered. All comments received will be available in the docket for examination by interested persons. Comments may be inspected at the office of the FAA, Rotorcraft Standards Staff, Rotorcraft Directorate, 5th Floor, 10101 Hillwood Pkwy, Fort Worth, Texas, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays.

    Discussion

    This notice is intended to inform the public that the FAA intends to designate Silvercraft Type Certificate H2EU, issued in the normal category, as abandoned and that no additional original airworthiness certificates will be issued against Type Certificate H2EU.

    On September 8, 1968, Registro Aeronautico Italiano (now Ente Nazionale per l'Aviazione Civile) issued Silvercraft an Italian TC. On September 11, 1968, the FAA issued TC H2EU for Model SH-4 helicopters to Silvercraft S.co.p.a., Via Carlo Alberto n. 42, 14049 Nissa Monfferrato (At), Italy. On May 2, 2011, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, revoked Silvercraft's TC SO/A-145. The reason for the revocation is Silvercraft's failure to apply for a design organization approval or an alternative, which is required as an EASA TC holder. Additionally, Silvercraft has failed to respond to all communications from EASA.

    As a result of the information provided by EASA, the FAA sent a registered letter to Silvercraft dated February 27, 2015, informing the company that we intend to classify TC H2EU as abandoned unless, within 60 days of receipt of the letter, we receive a written statement from them stating they are the holder of TC H2EU. The FAA has also attempted to make contact with Silvercraft by other means including telephone communication and internet searches but without success. A review of the FAA National Aircraft Registration Database confirms that there are no U.S.- registered SH-4 helicopters.

    The basis for issuance of a TC not only includes the applicant's submittal of various reports and data, but also the submittal of information about periodic inspections and maintenance to assure the continued operational safety of the helicopter. Among other regulatory requirements, 14 CFR 21.3 requires TC holders to report certain failures, malfunctions, and defects to the FAA; and 14 CFR 21.99 requires that TC holders submit design changes that are necessary to correct any unsafe condition in its products. Silvercraft is obligated to meet these requirements for all aircraft under its TC.

    The FAA is responsible for surveillance of a TC holder's ability to perform continued operational safety management and oversight of each helicopter on its TC. The FAA continues to monitor the safety performance of a helicopter type design after the aircraft is approved and placed into service. This is accomplished through post-certification review of TC holder data, review of service difficulty reports, communication with aircraft owners and operators, and other information provided by a TC holder. Periodic safety audits cannot be accomplished if the TC holder cannot be located. To date, the FAA has been unsuccessful in all attempts to locate Silvercraft.

    Hence, the FAA proposes to flag TC H2EU and consider it abandoned. This notice informs the public that the FAA intends to designate TC H2EU as abandoned and no additional original airworthiness certificates will be issued against that TC. This action is not intended as a surrender, suspension, revocation, or termination of the TC as those terms are used in 14 CFR part 21. However, this action is intended to ensure that each Silvercraft Model SH-4 helicopter is under a TC that has active continued operational safety management and oversight by a TC holder that can be subject to periodic safety audits by the FAA.

    Issued in Fort Worth, Texas on September 10, 2015. James A. Grigg, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2015-24098 Filed 9-21-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Supplemental notice of proposed rulemaking (NPRM); reopening of comment period.

    SUMMARY:

    We are revising an earlier proposed airworthiness directive (AD) for all Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM proposed to supersede Airworthiness Directives (AD) 2011-13-11 and AD 2013-16-09. AD 2011-13-11 currently requires an amendment of the airplane flight manual (AFM), repetitive checks of specific centralized fault display system (CFDS) messages, an inspection of the opening sequence of the main landing gear (MLG) door actuator for discrepancies if certain messages are found, and corrective actions if necessary. AD 2013-16-09 currently requires an inspection to determine airplane configuration and part numbers of the landing gear control interface unit and MLG door actuators; and, for affected airplanes, repetitive inspections of the opening sequence of the MLG door actuator, and replacement of the MLG door actuator if necessary; and provides optional terminating action for the repetitive inspections. The NPRM was prompted by a determination that the interval of the MLG door opening sequence inspection must be reduced. The NPRM proposed to reduce the interval of the MLG door opening sequence inspection, and also to replace or modify certain MLG door actuators. This action revises the NPRM by adding a flushing procedure to be performed when installing a new MLG door actuator. We are proposing this supplemental NPRM (SNPRM) to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing and consequent damage to the airplane and injury to occupants. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

    DATES:

    We must receive comments on this SNPRM by November 6, 2015.

    ADDRESSES:

    You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-493-2251.

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

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For Airbus service information identified in this proposed AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. For General Electric service information identified in this AD contact GE Aviation, Customer Support Center, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]; Internet: http://www.geaviation.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0529; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A318, A319, A320, and A321 series airplanes. The NPRM published in the Federal Register on August 13, 2014 (79 FR 47395; corrected August 27, 2014 (79 FR 51117)) (“the NPRM”). The NPRM proposed to supersede AD 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”). AD 2011-13-11 currently requires an amendment of the AFM, repetitive checks of specific CFDS messages, an inspection of the opening sequence of the MLG door actuator for discrepancies if certain messages are found, and corrective actions if necessary. AD 2013-16-09 currently requires an inspection to determine airplane configuration and part numbers of the landing gear control interface unit and MLG door actuators; and, for affected airplanes, repetitive inspections of the opening sequence of the MLG door actuator, and replacement of the MLG door actuator if necessary; and provides optional terminating action for the repetitive inspections. The NPRM was prompted by a determination that the interval of the MLG door opening sequence inspection must be reduced. The NPRM proposed to reduce the interval of the MLG door opening sequence inspection, and also to replace or modify certain MLG door actuators.

    Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have determined that a flushing procedure must be performed when installing a new MLG door actuator. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0221, dated September 30, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

    Some operators reported slow operation of the main landing gear (MLG) door opening/closing sequence, leading to the generation of [electronic centralized aircraft monitor] ECAM warnings during the landing gear retraction or extension sequence.

    Investigations showed that the damping ring and associated retaining ring of the MLG door actuator may deteriorate. The resultant debris increases the friction inside the actuator which can be sufficiently high to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (freefall) extension system.

    This condition, if not corrected, could prevent the full extension and/or down locking of the MLG, possibly resulting in MLG collapse during landing or rollout and consequent damage to the aeroplane and injury to occupants.

    [An EASA AD] was issued [and later revised] to require repetitive inspections of the opening sequence of the MLG door in order to identify the affected actuators, and to introduce as an optional terminating action Airbus production Modification (mod) 38274 and associated [Airbus] Service Bulletin (SB) A320-32-1338, which incorporate an improved retaining ring, located on the piston rod's extension end, and a new piston rod with machined shoulder to accommodate the thicker section of the modified retaining ring.

    After in-service introduction of the new MLG door actuator, Part Number (P/N) 114122012 (Post-mod 38274—SB A320-32-1338), several operators reported failures of internal parts of the MLG door actuator. Investigations confirmed that these failures could result in slow extension of the actuator rod, delaying the MLG door operation, or possibly stopping just before the end of the stroke, preventing the door to reach the fully open position.

    [An EASA AD], which superseded EASA AD 2006-0112R1 [http://ad.easa.europa.eu/blob/easa_ad_2006_0112_R1_superseded.pdf/AD_2006-0112R1_1], was issued [and later revised] to require amendment of the applicable Airplane Flight Manual (AFM), repetitive checks of specific Centralized Fault Display System (CFDS) messages, repetitive inspections of the opening sequence of the MLG door actuator and, depending on findings, corrective action(s).

    Since EASA AD 2011-0069R1 [http://ad.easa.europa.eu/blob/easa_ad_2011_0069_R1_superseded.pdf/AD_2011-0069R1_1] was issued, Airbus introduced a reinforced MLG door actuator P/N 114122014 (mod 153655). Airbus issued SB A320-32-1407 containing instructions for in-service replacement of the affected MLG door actuators, or modification of the actuators to the new standard.

    In addition, following a recent occurrence with a gear extension problem, the result of additional analyses by Airbus revealed that the CFDS expected specific messages may not be generated and as a result, repetitive checks of messages are not effective for aeroplanes fitted with landing gear control interface unit (LGCIU) interlink communication ARINC 429 (applied in production through Airbus mod 39303, or in service through Airbus SB A320-32-1409), in combination with LGCIUs 80-178-02-88012 or 80-178-03-88013 in both positions and at least one MLG door actuator pre-mod 153655 (pre-Airbus SB A320-32-1407—pre-GE SB 114122-32-105) installed.

    Prompted by these findings, EASA issued Emergency AD 2013-0132-E [http://ad.easa.europa.eu/blob/easa_ad_2013_0132_E_superseded.pdf/EAD_2013-0132-E_1 (which corresponds to FAA AD 2013-16-09)] to require identification of the affected aeroplanes to establish the configuration and, for those aeroplanes, repetitive inspections of the opening sequence of the MLG door actuator and, depending on findings, replacement of the MLG door actuator. That [EASA] AD also provided an optional terminating action by disconnection of the interlink for certain LGCIUs, or in-service modification of the aeroplane through Airbus SB A320-32-1407 (equivalent to Airbus production mod 153655).

    Since those ADs (EASA AD 2011-0069R1 and EASA AD 2013-0132-E) were issued, analyses performed by Airbus have revealed that the MLG door opening sequence inspection interval needed to be reduced, and that the (previously optional) terminating action needed to be made mandatory.

    Prompted by these findings, EASA issued AD 2013-0288 [http://ad.easa.europa.eu/blob/easa_ad_2013_0288_superseded.pdf/AD_2013-0288_1], retaining the requirements of EASA AD 2011-0069R1 and EASA AD 2013-0132-E, which were superseded, but with reduced inspection intervals, and to require replacement or modification, as applicable, of the affected MLG door actuators as terminating action to the monitoring and repetitive checks and inspections.

    Following introduction of post-mod 153655 MLG door actuators on in-service aeroplanes, it has been observed that, in case the removed pre-mod MLG door actuator has internal damage, contamination of the hydraulic system could have occurred.

    This condition, if not detected and corrected, could result in performance degradation (damping degradation) of the post-mod MLG door actuator. Testing performed with a new actuator tested in heavily contaminated hydraulic system did not show abnormal hydraulic Restriction/blockage. It is thus not requested to perform this “flushing procedure” on aircraft already retrofitted with std-14 actuators.

    In addition, since EASA AD 2013-0288 was issued, the applicable AFM was revised and repetitive checks of specific CFDS messages are no longer considered to be required, due to the reduced intervals required by EASA AD 2013-0288.

    For the reasons described above, this [EASA] AD partially retains the requirements of EASA AD 2013-0288, which is superseded, introduces improved wording for clarification and requires, in addition to the revised operational (AFM) procedure, hydraulic flushing prior to any installation of a post-mod MLG door actuator.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-529-0003.

    Related Service Information Under 1 CFR part 51

    Airbus has issued Service Bulletins A320-32-1390, Revision 03, dated July 3, 2014; and A320-32-1407, Revision 01, dated July 3, 2014. Airbus has also issued A318/A319/A320/A321 Temporary Revision (TR) TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the Airplane Flight Manual (AFM).

    Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, describes procedures for inspecting the operation of the MLG door opening sequence to determine if an actuator is defective, flushing contamination from the landing gear extension and retraction system (LGERS), and replacing the door actuator if necessary.

    Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, describes procedures for flushing contamination from the LGERS, and installing new MLG door actuators.

    Airbus A318/A319/A320/A321 TR TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the AFM updates the procedure used for incomplete landing gear extension during approach.

    General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, describes procedures for conversion of a MLG door actuator and to remove unwanted material from the hydraulic fluid route.

    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this SNPRM.

    Comments

    We gave the public the opportunity to participate in developing this SNPRM. We considered the comments received.

    Requests To Adopt the Actions of EASA Airworthiness Directive 2014-0221, Dated September 30, 2014, and Certain Service Bulletins

    Airbus requested that we revise the NPRM to adopt the requirements of EASA Airworthiness Directive 2014-0221, dated September 30, 2014; Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014; and Airbus Service Bulletin A320-32-1407 Revision 01, dated July 3, 2014. Airbus stated that EASA issued a global airplane flight manual (AFM) TR to mandate updated operational procedures. US Airways requested that we reference Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, and a new AFM procedure referenced in “FOT 999-0032/14.”

    We agree with the commenters' requests. EASA Airworthiness Directive 2014-0221, dated September 30, 2014, requires, among other things, a revised operational AFM procedure, and hydraulic flushing prior to any installation of a post-modification MLG door actuator. We have revised paragraphs (j), (k), (l), (m), and (w) as designated in the NPRM (paragraphs (j), (k), (l), (m), and (x) in this SNPRM)) to reference Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014; and paragraphs (r), (t), (u), (w), and (x) as designated in the NPRM (paragraphs (r), (u), (v), (x), and (y) in this SNPRM)) to reference Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; as the appropriate sources of service information for accomplishing the proposed actions.

    Request To Not Mandate the Actions in Airbus Service Bulletin A320-32-1407, Revision 01, Dated July 3, 2014

    United Airlines requested that we not require the actions in Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014. United Airlines stated that Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, recommends that operators flush the affected hydraulic system. United Airlines stated that it disagrees with this proposed action and explained that Airbus instituted this requirement to flush the hydraulic system as it failed to recommend the removal, inspection, and cleaning of the restrictors during the modification of the MLG door actuator to the part number (P/N) 114122014 configuration. United Airlines also stated that it has opted to overhaul the MLG door actuators as well as perform the modification described in Airbus Service Bulletin A320-32-1407, dated May 14, 2013. United Airlines explained that this overhaul requires that the restrictors (P/N 114122233 and P/N 114122232) and transfer pipe be removed, inspected, and cleaned. United Airlines stated that it is of the opinion that flushing the hydraulic system is not required as there is no contamination present in the restrictors or the transfer pipe.

    We disagree with the commenter's request. Airbus informed the FAA that debris can leave the damaged actuator and remain in the hydraulic lines connected to the door actuator. Flushing of the hydraulic system is required to prevent debris from entering the new actuator. If debris enters the new actuator, its performance can be affected. The flow rate during normal operation is insufficient to ensure complete flushing of the debris to the hydraulic low pressure filter within a few door cycles. Therefore, a specific maintenance procedure has been defined and introduced in Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; and General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014. EASA has issued AD 2014-0221, dated September 30, 2014, requiring flushing of the affected hydraulic system in accordance with Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014.

    Request To Provide Credit for Previous Actions

    US Airways requested that we provide credit for the actions required by paragraphs (t) and (u) of the proposed AD (paragraphs (u) and (v) of this SNPRM)), if those actions were done before the effective date of the AD using Airbus Service Bulletins A320-32-1407, dated May 14, 2013, or Revision 01, dated July 3, 2014; or General Electric Service Bulletin 114122-32-105, dated January 17, 2013.

    We partially agree with the commenter's request. In this SNPRM, paragraph (aa) already provides credit for General Electric Service Bulletin 114122-32-105, dated January 17, 2013, for the actions in paragraphs (u) and (v) done prior to the effective date of the final rule. We do not agree with giving credit for Airbus Service Bulletin A320-32-1407, dated May 14, 2013; or Revision 01, dated July 3, 2014; because those service bulletins do not require flushing the hydraulic system prior to the installation of P/N 114122014. We have not changed the proposed AD in this regard.

    FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

    Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM.

    Explanation of “RC” Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the Airworthiness Directives Implementation Aviation Rulemaking Committee (ARC), to enhance the AD system. One enhancement was a new process for annotating which procedures and tests in the service information are required for compliance with an AD. Differentiating these procedures and tests from other tasks in the service information is expected to improve an owner's/operator's understanding of crucial AD requirements and help provide consistent judgment in AD compliance. The procedures and tests identified as Required for Compliance (RC) in any service information have a direct effect on detecting, preventing, resolving, or eliminating an identified unsafe condition.

    As specified in a NOTE under the Accomplishment Instructions of the specified Airbus service information, procedures and tests identified as RC must be done to comply with the proposed AD. However, procedures and tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an alternative method of compliance (AMOC), provided the procedures and tests identified as RC can be done and the airplane can be put back in a serviceable condition. Any substitutions or changes to procedures or tests identified as RC will require approval of an AMOC.

    Changes to the Proposed AD

    This SNPRM makes the following changes to the NPRM.

    We have moved the credit for Airbus Service Bulletin A320-32-1309, dated March 7, 2006, specified in paragraph (g) of AD 2011-13-11, into paragraph (aa)(1) of the proposed AD.

    We have reformatted and redesignated three tables as figures to comply with requirements of the Office of the Federal Register, as follows:

    • “Table 1 to Paragraph (p) of this AD—Affected Part Numbers” is “Figure 2 to Paragraph (p) of this AD—Affected Part Numbers;”

    • “Table 2 to Paragraph (v) of this AD—Affected Part Numbers” is “Figure 3 to Paragraph (v) of this AD—Affected Part Numbers;” and

    • “Table 3 to Paragraph (z) of this AD—Affected Part Numbers” is “Figure 4 to Paragraph (z) of this AD.”

    Costs of Compliance

    We estimate that this SNPRM affects 953 airplanes of U.S. registry.

    The actions that are required by AD 2011-13-11, and retained in this SNPRM, take about 7 work-hours per product, per inspection cycle, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2011-13-11 is $595 per product.

    The actions that are required by AD 2013-16-09, and retained in this SNPRM, take about 3 work-hours per product, per inspection cycle, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2013-16-09 is $255 per product.

    We also estimate that it would take about 19 work-hours per product to comply with the basic requirements of this SNPRM. The average labor rate is $85 per work-hour. Required parts would cost about $17,140 per product. Based on these figures, we estimate the cost of this SNPRM on U.S. operators to be $17,873,515, or $18,755 per product.

    In addition, we estimate that any necessary follow-on actions would take about 3 work-hours, for a cost of $255 per product. We have no way of determining the number of aircraft that might need these actions.

    Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have 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.

    For the reasons discussed above, I certify this proposed regulation:

    1. Is not a “significant regulatory action” under Executive Order 12866;

    2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);

    3. Will not affect intrastate aviation in Alaska; and

    4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

    The Proposed Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

    PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:

    49 U.S.C. 106(g), 40113, 44701.

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by: a. Removing Airworthiness Directives (AD) 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”); and b. Adding the following new AD: Airbus: Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD. (a) Comments Due Date

    We must receive comments by November 6, 2015.

    (b) Affected ADs

    This AD replaces AD 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”).

    (c) Applicability

    This AD applies to the Airbus airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, all manufacturer serial numbers.

    (1) Model A318-111, -112, -121, and -122 airplanes.

    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.

    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 32, Landing Gear.

    (e) Reason

    This AD was prompted by a determination that the inspection interval of the main landing gear (MLG) door opening sequence must be reduced. We are issuing this AD to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing and consequent damage to the aeroplane and injury to occupants.

    (f) Compliance

    Comply with this AD within the compliance times specified, unless already done.

    (g) Retained Repetitive Inspections/Replacement, With a Formatting Change

    This paragraph restates the requirements of paragraph (g) of AD 2011-13-11, with a formatting change. At the time specified in paragraph (g)(1) or (g)(2) of this AD, as applicable: Do a general visual inspection of the operation of the MLG door opening sequence to determine if a defective actuator is installed by doing all the applicable actions, including replacing the door actuator, as applicable, specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Do all applicable replacements before further flight. Repeat the inspection thereafter at intervals not to exceed 900 flight cycles. Doing the inspection required by paragraph (l) of this AD terminates the requirements of this paragraph.

    (1) For airplanes on which a record of the total number of flight cycles on the MLG door actuator is available: Before the accumulation of 3,000 total flight cycles on the MLG door actuator, or within 800 flight cycles after April 27, 2007 (the effective date of AD 2007-06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007)), whichever is later.

    (2) For airplanes on which a record of the total number of flight cycles on the MLG door actuator is not available: Within 800 flight cycles after April 27, 2007 (the effective date of AD 2007-06-18).

    (3) For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.”

    (h) Retained Provision Regarding Reporting/Parts Return, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2011-13-11, with no changes. Although the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, specify submitting certain information to the manufacturer and sending defective actuators back to the component manufacturer for investigation, this AD does not include those requirements.

    (i) Retained Revision of the Airplane Flight Manual (AFM), With Formatting Changes

    This paragraph restates the requirements of paragraph (i) of AD 2011-13-11, with formatting changes. Within 14 days after July 12, 2011 (the effective date of AD 2011-13-11), revise the Emergency Procedure Section of the AFM to incorporate the information in figure 1 to paragraph (i) of this AD. This may be done by inserting a copy of this AD into the AFM. When a statement identical to that in figure 1 to paragraph (i) of this AD has been included in the Emergency Procedure Section of the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. Doing the actions required by paragraph (t) of this AD terminates the requirements of this paragraph.

    Figure 1 to Paragraph (i) of This AD—AFM Revision • If ECAM triggers the “L/G GEAR NOT DOWNLOCKED” warning, apply the following procedure: Recycle landing gear. • If unsuccessful after 2 min: Extend landing gear by gravity. Refer to ABN-32 L/G GRAVITY EXTENSION. (j) Retained Repetitive Checks, With New Optional Actions and New Service Information

    This paragraph restates the requirements of paragraph (j) of AD 2011-13-11, with new optional actions and new service information. Within 14 days after July 12, 2011 (the effective date of AD 2011-13-11), or before the accumulation of 800 total flight cycles, whichever occurs later, check the post flight report (PFR) for centralized fault display system (CFDS) messages triggered within the last 8 days, in accordance with paragraph 4.2.1 of Airbus All Operators Telex (AOT) A320-32A1390, dated February 10, 2011. Repeat the check thereafter at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later. If done in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, the use of an alternative method to check the PFR for CFDS messages (e.g., AIRMAN) is acceptable in lieu of this check if the messages can be conclusively determined from that method. Repetitive inspections of the door opening sequence of the left-hand (LH) and right-hand (RH) doors of the MLG, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014, are an acceptable method of compliance for the actions required by this paragraph. Repetitive inspections of the door opening sequence of the LH and RH doors of the MLG of an airplane, as required by paragraph (p) of this AD, is an acceptable method to comply with the requirements of this paragraph.

    (k) Retained On-Condition Inspection, With New Service Information

    This paragraph restates the requirements of paragraph (k) of AD 2011-13-11, with new service information. If, during any check required by paragraph (j) of this AD, a pair of specific CFDS messages specified in paragraph 4.2.1 of Airbus AOT A320-32A1390, dated February 10, 2011, has been triggered by both landing gear control and indication units (LGCIU) for the same flight, before further flight, inspect the door opening sequence of the affected doors of the MLG for discrepancies (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014). Do the inspection in accordance with paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011; or the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014, for the actions required by this paragraph.

    (l) Retained Repetitive Inspections, With New Service Information, New Optional Actions, and Reduced Compliance Times

    This paragraph restates the requirements of paragraph (l) of AD 2011-13-11, with new service information, new optional actions, and reduced compliance times. At the applicable time specified in paragraph (l)(1) or (l)(2) of this AD: Inspect the door opening sequence of the LH and RH doors of the MLG for discrepancies (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014). Do the inspection in accordance with the instructions of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011; or the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014, for the actions required by this paragraph. Repeat the inspection within 8 days or 5 flight cycles after the effective date of this AD, whichever occurs later, without exceeding 425 flight cycles since the most recent inspection; and thereafter repeat the inspection at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later. In addition, whenever any airplane is not operated for a period longer than 8 days, do the inspection before further flight. Doing this inspection terminates the requirements of paragraph (g) of this AD. Repetitive inspections of the door opening sequence of the LH and RH doors of the MLG of an airplane, as required by paragraph (p) of this AD, is an acceptable method to comply with the requirements of this paragraph.

    (1) For airplanes on which an inspection required by paragraph (g) of this AD has been done as of July 12, 2011 (the effective date of AD 2011-13-11): Within 800 flight cycles after doing the most recent inspection required by paragraph (g) of this AD, or within 100 flight cycles after July 12, 2011, whichever occurs later.

    (2) For airplanes on which an inspection required by paragraph (g) of this AD has not been done as of July 12, 2011 (the effective date of AD 2011-13-11): Within 800 flight cycles after July 12, 2011.

    (m) Retained Replacement, With New Service Information

    This paragraph restates the requirements of paragraph (m) of AD 2011-13-11, with new service information. If any discrepancy (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014) is found during any inspection required by paragraph (k) or (l) of this AD, before further flight, replace the affected MLG door actuator with a new MLG door actuator, in accordance with the instructions of Airbus AOT A320-32A1390, dated February 10, 2011; or Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014, to do the actions required by this paragraph.

    (n) Retained Statement of No Terminating Action for Certain Requirements, With No Changes

    This paragraph restates the statement of paragraph (n) of AD 2011-13-11, with no changes. Replacement of the MLG door actuator as required by paragraph (m) of this AD is not a terminating action for the repetitive actions required by paragraphs (j) and (l) of this AD.

    (o) Retained Configuration and Part Number Determination, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2013-16-09, with no changes. At the later of the compliance times specified in paragraphs (o)(1) and (o)(2) of this AD: Do an inspection to determine the configuration (modification status) of the airplane and identify the part number of the LH and RH LGCIU and MLG door actuators. A review of the airplane delivery or maintenance records is acceptable for compliance with the requirements of this paragraph provided the airplane configuration and installed components can be conclusively determined from that review.

    (1) Prior to the accumulation of 800 total flight cycles since first flight of the airplane.

    (2) Within 14 days after August 23, 2013 (the effective date of AD 2013-16-09).

    (p) Retained MLG Door Opening Sequence Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2013-16-09, with no changes. If, during the determination and identification required by paragraph (o) of this AD, the configuration of the airplane is determined to be post-Airbus Modification 39303 or post-Airbus Service Bulletin A320-32-1409 (Interlink Communication ARINC 429 installed), and both an LGCIU and a MLG door actuator are installed with a part number listed in figure 2 to paragraph (p) of this AD: Except as provided by paragraph (s) of this AD, at the later of the compliance times specified in paragraphs (o)(1) and (o)(2) of this AD, and thereafter at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later, do an inspection of the door opening sequence of the LH and RH MLG doors, in accordance with the instructions of Airbus AOT A32N001-13, dated June 24, 2013.

    Figure 2 to Paragraph (p) of This AD—Affected Part Numbers Component name Part number LGCIU (LH and RH) 80-178-02-88012
  • 80-178-03-88013
  • MLG door actuator 114122006
  • 114122007
  • 114122009
  • 114122010
  • 114122011
  • 114122012
  • (q) Retained MLG Door Opening Sequence Corrective Action, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2013-16-09, with no changes. If a slow door operation or restricted extension is found during any inspection required by paragraph (p) of this AD: Before further flight, replace the affected MLG door actuator with a new or serviceable actuator, in accordance with the instructions of Airbus AOT A32N001-13, dated June 24, 2013.

    (r) Retained Terminating Action Limitation for Certain Actions, With New Service Information

    This paragraph restates the requirements of paragraph (j) of AD 2013-16-09, with new service information. Replacement of a MLG door actuator, as required by paragraph (q) of this AD, does not constitute terminating action for the repetitive inspections required by paragraph (p) of this AD, unless MLG door actuators having P/N 114122014 are installed on both LH and RH sides, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, dated May 14, 2013; or Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, for the actions required by this paragraph.

    (s) Retained Repetitive Inspection Exception, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD 2013-16-09, with no changes. Airplanes on which the LGCIU interlink is disconnected (Airbus Modification 155522 applied in production, or modified in-service in accordance with the instructions of Airbus AOT A32N001-13, dated June 24, 2013), or on which MLG door actuators having P/N 114122014 are installed on both LH and RH sides (Airbus Modification 153655 applied in production, or modified in-service as described in Airbus Service Bulletin A320-32-1407), are not required to do the actions required by paragraph (p) of this AD, provided that the airplane is not modified to a configuration as defined in paragraph (p) of this AD.

    (t) New Revision of the AFM

    Within 14 days after the effective date of this AD, revise the Emergency Procedure Section of the AFM to incorporate Airbus A318/A319/A320/A321 Temporary Revision (TR) TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014. When this TR has been included in general revisions of the AFM, the general revisions may be inserted in the AFM, provided the relevant information in the general revision is identical to that in this TR, and the copy of this TR may be removed from the AFM. Doing the action required by this paragraph terminates the actions required by paragraph (i) of this AD.

    (u) New Replacement of MLG Door Actuator Having P/N 114122012

    Within 12 months after the effective date of this AD: Replace each MLG door actuator having P/N 114122012 with a MLG door actuator having P/N 14122014, and flush the affected hydraulic system, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or modify each actuator, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014; except where General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, specifies to contact the manufacturer, before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

    (v) New Replacement of Certain Other MLG Door Actuators

    Within 24 months after the effective date of this AD: Replace each MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD, except P/N 114122012, with a MLG door actuator having P/N 14122014, and flush the affected hydraulic system, in accordance with Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or modify each actuator, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014; except where General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, specifies to contact the manufacturer, before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.

    Figure 3 to Paragraph (v) of This AD—Affected Part Numbers Component name Part number MLG door actuator 114122006 114122007 114122009 114122010 114122011 114122012 (w) New Terminating Action

    Modification of an airplane as required by paragraphs (u) and (v) of this AD, as applicable, constitutes terminating action for all repetitive actions (PFR monitoring checks and inspections) required by this AD for that airplane.

    (x) New Conditional Terminating Action

    Replacement of a MLG door actuator as required by paragraphs (m) and (q) of this AD; or corrective actions as specified in Airbus AOT A320-32A1390, dated February 10, 2011; or replacement of a MLG door actuator as specified in Airbus Service Bulletin A320-32-1390, Revision 03, dated July 13, 2014; does not constitute terminating action for the repetitive inspections required by paragraphs (j), (l), and (p) of this AD, unless MLG door actuators having P/N 114122014 are installed on both LH and RH sides, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014.

    (y) New Exception to AD Requirements

    (1) An airplane on which MLG door actuators having P/N 114122014 are installed on both LH and RH sides (Airbus Modification 153655 applied in production, or modified in service as specified in Airbus Service Bulletin A320-32-1407, dated May 14, 2013; Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; General Electric Service Bulletin 114122-32-105, dated January 17, 2013; or General Electric Service Bulletin 114122-32-105, Revision 1, dated March 26, 2013; or General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014); is not affected by the requirements of paragraphs (j) through (v) of this AD, provided that no MLG door actuator with a part number in figure 3 to paragraph (v) of this AD has been installed on that airplane since first flight, or since modification, as applicable.

    (2) An airplane in the configuration specified in paragraph (y)(1) of this AD, and with flight warning computers having P/N 350E053021212 (H2F7) installed (Airbus Modification 153741 applied in production, or modified in service as specified in Airbus Service Bulletin A320-31-1414), is not affected by the requirement of paragraph (t) of this AD and, following modification, Airbus A318/A319/A320/A321 TR TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014 (if inserted), may be removed from the AFM of that airplane.

    (z) New Parts Installation Prohibitions

    (1) Except as specified in paragraph (z)(2) of this AD, as of the effective date of this AD, do not install on any airplane a MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD.

    (2) For an airplane subject to the requirements of paragraphs (u) and (v) of this AD, as applicable, do not install a MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD after modification of the airplane.

    (3) Except as specified in paragraph (z)(4) of this AD, as of the effective date of this AD, do not install on any airplane a flight warning computer (FWC) having a part number listed in figure 4 to paragraph (z) of this AD.

    (4) For an airplane subject to the requirements of paragraphs (u) and (v) of this AD, as applicable, do not install a FWC having a part number listed in figure 4 to paragraph (z) of this AD after modification of the airplane.

    Figure 4 to Paragraph (z) of This AD—Affected Part Numbers Component name Part number Flight warning computer 350E016187171 (C5) 350E017238484 (H1D1) 350E017248685 (H1D2) 350E017251414 (H1E1) 350E017271616 (H1E2) 350E018291818 (H1E3CJ) 350E018301919 (H1E3P) 350E018312020 (H1E3Q) 350E053020202 (H2E2) 350E053020303 (H2E3) 350E053020404 (H2E4) 350E053020606 (H2F2) 350E053020707 (H2F3) 350E053021010 (H2F3P) 350E053020808 (H2F4) 350E053020909 (H2F5) 350E053021111 (H2F6) (aa) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before April 27, 2007 (the effective date of AD 2007-06-18), using Airbus Service Bulletin A320-32-1309, dated March 7, 2006. This service information is not incorporated by reference in this AD.

    (2) This paragraph provides credit for actions required by paragraphs (k), (l), and (m) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A320-32-1390, Revision 01, dated September 21, 2011; or Revision 02, dated October 23, 2013. Airbus Service Bulletin A320-32-1390, Revision 01, dated September 21, 2011, was incorporated by reference in AD 2011-13-11. Airbus Service Bulletin A320-32-1390, Revision 02, dated October 23, 2013, is not incorporated by reference in this AD.

    (3) This paragraph provides credit for actions required by paragraphs (u) and (v) of this AD, if those actions were performed before the effective date of this AD using General Electric Service Bulletin 114122-32-105, dated January 17, 2013; or General Electric Service Bulletin 114122-32-105, Revision 1, dated March 26, 2013. This service information is not incorporated by reference in this AD.

    (bb) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Required for Compliance (RC): If any Airbus service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in a serviceable condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (3) Contacting the Manufacturer: As of the effective date of this AD, except as specified in paragraph (j) of this AD for the use of an alternative method to check the PFR for CFDS messages, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (4) Previously Approved AMOCs: AMOCs approved previously for the AD 2011-13-11 and AD 2013-16-09 are approved as AMOCs for the corresponding provisions of this AD.

    (cc) Special Flight Permits

    Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the airplane can be modified (if the operator elects to do so), provided the MLG remains extended and locked, and that no MLG recycle is done.

    (dd) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0221, dated September 30, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0529-0003.

    (2) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com.

    (3) For General Electric service information identified in this AD, contact GE Aviation, Customer Support Center, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]; Internet: http://www.geaviation.com.

    (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 21, 2015. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-21730 Filed 9-21-15; 8:45 am] BILLING CODE 4910-13-P
    COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 23 RIN 3038-AE17 Proposal To Amend the Definition of “Material Terms” for Purposes of Swap Portfolio Reconciliation AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Commodity Futures Trading Commission (“Commission” or “CFTC”) proposes to amend a provision of the Commission's regulations in connection with the material terms for which counterparties must resolve discrepancies when engaging in portfolio reconciliation.

    DATES:

    Comments must be received on or before November 23, 2015.

    ADDRESSES:

    You may submit comments, identified by RIN 3038-AE17, and Proposal to Amend the Definition of “Material Terms” for Purposes of Swap Portfolio Reconciliation by any of the following methods:

    • The agency's Web site, at http://comments.cftc.gov. Follow the instructions for submitting comments through the Web site.

    • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail above.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Please submit your comments using only one method.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.1

    1 17 CFR 145.9. Commission regulations referred to herein are found at 17 CFR Chapter I.

    The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the rulemaking will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    FOR FURTHER INFORMATION CONTACT:

    Frank N. Fisanich, Chief Counsel, 202-418-5949, [email protected]; Katherine S. Driscoll, Associate Chief Counsel, 202-418-5544, [email protected]; Gregory Scopino, Special Counsel, 202-418-5175, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    I. Background

    On September 11, 2012, the Commission published in the Federal Register final rules § 23.500 through § 23.505 2 establishing requirements for the timely and accurate confirmation of swaps, the reconciliation and compression of swap portfolios, and documentation of swap trading relationships between swap dealers (“SDs”),3 major swap participants (“MSPs”),4 and their counterparties. These regulations were promulgated by the Commission pursuant to the authority granted under Sections 4s(h)(1)(D), 4s(h)(3)(D), and 4s(i) of the Commodity Exchange Act (the “CEA”),5 as amended by Section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”),6 which, among other things, directed the Commission to prescribe regulations for the timely and accurate confirmation, processing, netting, documentation and valuation of all swaps entered into by SDs and MSPs,7 and the Commission's general rulemaking authority under Section 8a(5) of the CEA.8

    2 Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants, 77 FR 55904 (Sept. 11, 2012) (hereinafter, “Portfolio Reconciliation Final Rule”).

    3 Generally, an SD is any person who, in addition to transacting in a notional amount of swaps in excess of specified de minimis thresholds, holds itself out as a dealer in swaps, makes a market in swaps, regularly enters into swaps with counterparties as an ordinary course of business for its own account, or engages in any activity causing it to be commonly known in the trade as a dealer or market maker in swaps. See 7 U.S.C. 1a(49); 17 CFR 1.3(ggg).

    4 Generally, an MSP is any non-dealer that maintains a substantial position in swaps for any of the specified major swap categories, whose outstanding swaps create substantial counterparty exposure that could have serious adverse effects on the financial stability of the United States banking system or financial markets, or any financial entity that is highly leveraged relative to the amount of capital such entity holds and that is not subject to capital requirements established by an appropriate Federal banking agency and maintains a substantial position in outstanding swaps in any major swap category. See 7 U.S.C. 1a(33); 17 CFR 1.3(hhh).

    5 7 U.S.C. 6s(h)(1)(D), 6s(h)(3)(D) and 6s(i).

    6 Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (July 21, 2010).

    7 Portfolio Reconciliation Final Rule, 77 FR at 55926 (“[P]ortfolio reconciliation involves both confirmation and valuation and serves as a mechanism to ensure accurate documentation.”).

    8 7 U.S.C. 12a(5).

    Under § 23.502,9 SDs and MSPs must reconcile their swap portfolios with one another and provide non-SD and non-MSP counterparties with regular opportunities for portfolio reconciliation.10 Section 23.500(i) 11 defines the term, “portfolio reconciliation,” as “any process by which the two parties to one or more swaps: (1) Exchange the terms of all swaps in the swap portfolio between the counterparties; (2) exchange each counterparty's valuation of each swap in the swap portfolio between the counterparties as of the close of business on the immediately preceding business day; and (3) resolve any discrepancy in material terms and valuations.” Section 23.500(g) defines “material terms” to mean “all terms of a swap required to be reported in accordance with part 45 of this chapter.” 12 Thus, portfolio reconciliation seeks to enable “the swap market to operate efficiently and to reduce systemic risk” 13 by requiring counterparties periodically to (1) exchange the terms of their mutual swaps, and (2) locate and resolve discrepancies in material terms of mutual swaps. In particular, the Commission recognized that “portfolio reconciliation [would] facilitate the identification and resolution of discrepancies between the counterparties with regard to valuations of collateral held as margin.” 14 The Commission also has described portfolio reconciliation, generally, as follows:

    9 17 CFR 23.502.

    10 17 CFR 23.502; see Portfolio Reconciliation Final Rule, 77 FR at 55926.

    11 17 CFR 23.500(i).

    12 17 CFR 23.500(g). Part 45 of the Commission regulations govern swap data recordkeeping and reporting requirements. The swap terms that must be reported under part 45 are found in appendix 1 to part 45. See 17 CFR part 45, App. 1; see also 17 CFR 45.1 (defining “primary economic terms” as “all of the terms of a swap matched or affirmed by the counterparties in verifying the swap,” including “at a minimum each of the terms included in the most recent Federal Register release by the Commission listing minimum primary economic terms for swaps in the swap asset class in question” and stating that the current list of minimum primary economic terms is in appendix 1); Swap Data Recordkeeping and Reporting Requirements, 77 FR 2197 (Jan. 13, 2012) (promulgating the list of primary economic terms). Examples of primary economic terms include the price of the swap, payment frequency, type of contract (e.g., a “vanilla option” or “complex exotic option”), execution timestamp, and, if the swap is a multi-asset class swap, the primary and secondary asset classes. 17 CFR part 45, App. 1.

    13 Portfolio Reconciliation Final Rule, 77 FR at 55926.

    14Id. In response to comments that industry practice was only to resolve swap terms that lead to material collateral disputes, the Commission, in promulgating the final § 23.502, emphasized the importance of both (1) resolving disputes related to the material terms of swaps and (2) resolving valuation disputes impacting margin payments. Id. at 55926-27, 55929-31.

    Portfolio reconciliation is a post-execution processing and risk management technique that is designed to (i) identify and resolve discrepancies between the counterparties with regard to the terms of a swap either immediately after execution or during the life of the swap; (ii) ensure effective confirmation of terms of the swap; and (iii) identify and resolve discrepancies between the counterparties regarding the valuation of the swap.15

    15 Portfolio Reconciliation Final Rule, 77 FR at 55926.

    In adopting § 23.502, the Commission intended to require that SDs, MSPs, and their counterparties engage in portfolio reconciliation at regular intervals. Explaining the rationale for § 23.502, the Commission noted that portfolio reconciliation can identify and reduce overall risk “[b]y identifying and managing mismatches in key economic terms and valuation for individual transactions across an entire portfolio.” 16 Portfolio reconciliation is not required for cleared swaps where a derivatives clearing organization (“DCO”) holds the definitive record of the trades and determines binding daily valuations for the swaps.17

    16Id.

    17Id. at 55927.

    II. Proposed Regulation

    In 2013, the International Swaps and Derivatives Association, Inc. (“ISDA”) requested interpretive guidance from Commission staff that would permit certain swap data elements to be excluded from portfolio reconciliation as required under § 23.502.18 Specifically, ISDA requested that “the terms” of a swap that counterparties must exchange during portfolio reconciliation exercises be limited to the “material terms” of a swap, and that “material terms” have the same meaning as “primary economic terms” in § 45.1. ISDA further asked that the following data fields (hereinafter referred to as the “No-Action Excluded Data Fields”) be excluded from the definition of “material terms” for purposes of compliance with § 23.502:

    18See CFTC Staff Letter No. 13-31 (June 26, 2013), available at http://www.cftc.gov/ucm/groups/public/@lrlettergeneral/documents/letter/13-31.pdf.

    1. An indication that the swap will be allocated; 2. If the swap will be allocated, or is a post-allocation swap, the legal entity identifier 19 of the agent;

    19 A legal entity identifier is “a 20-digit, alpha-numeric code, to uniquely identify legally distinct entities that engage in financial transactions.” See Legal Entity Identifier Regulatory Oversight Committee, http://www.leiroc.org/; 17 CFR 45.6.

    3. An indication that the swap is a post-allocation swap; 4. If the swap is a post-allocation swap, the unique swap identifier; 20

    20 A unique swap identifier is a unique identifier assigned to all swap transactions which identifies the transaction (the swap and its counterparties) uniquely throughout the duration of the swap's existence. See 17 CFR 45.5.

    5. Block trade indicator; 6. Execution timestamp; 7. Timestamp for submission to swap data repository (“SDR”); 21

    21 A swap data repository is any person that collects and maintains information or records with respect to transactions or positions in, or the terms and conditions of, swaps entered into by third parties for the purpose of providing a centralized recordkeeping facility for swaps. 7 U.S.C. 1a(48); 17 CFR 1.3(qqqq).

    8. Clearing indicator; 9. Clearing venue; 10. If the swap will not be cleared, an indication of whether the clearing requirement exception in CEA Section 2(h)(7) 22 has been elected; and

    22 Generally speaking, Section 2(h)(1)(A) of the CEA establishes a clearing requirement for swaps, providing that “[i]t shall be unlawful for any person to engage in a swap unless that person submits such swap for clearing to a derivatives clearing organization that is registered under [the CEA] or a derivatives clearing organization that is exempt from registration under [the CEA] if the swap is required to be cleared.” 7 U.S.C. 2(h)(1)(A). CEA Section 2(h)(7), however, provides for several limited exceptions to the clearing requirement of Section 2(h)(1)(A). Id. at 2(h)(7); see also End-User Exception to the Clearing Requirement for Swaps, 77 FR 42560, 42560-61 (July 19, 2012).

    11. The identity of the counterparty electing the clearing requirement exception in CEA Section 2(h)(7).23

    23 CFTC Staff Letter No. 13-31 at 2-3.

    ISDA contended generally that the definition of “material terms” in § 23.500(g) is too broad to guide market participants in the construction of a reconciliation process, and with regard to the No-Action Excluded Data Fields specifically, ISDA argued that these fields are not relevant to the portfolio reconciliation process because they pertain to the circumstances surrounding entry into a transaction, and whether a transaction was intended to be cleared, and are not relevant to ongoing rights and obligations under swaps in a swap portfolio existing bilaterally between an SD and a counterparty.

    After considering ISDA's request, the Commission's Division of Swap Dealer and Intermediary Oversight (the “Division”) provided SDs and MSPs with no-action relief on June 26, 2013, pursuant to CFTC Staff Letter 13-31.24 In such letter, the Division chose not to interpret the reference to “the terms” of a swap in § 23.500(i)(1) as meaning the “material terms” or to define “material terms” to mean the “primary economic terms” of a swap minus the No-Action Excluded Data Fields. Rather, the Division merely stated that it would not recommend an enforcement action against an SD or MSP that omits the No-Action Excluded Data Fields from the portfolio reconciliation process required under § 23.502.25 Thus, it appears that following the issuance of CFTC Staff Letter 13-31, an SD that chose to take advantage of the relief could consider the No-Action Excluded Data Fields not to be terms of a swap required to be exchanged with a counterparty in a portfolio reconciliation exercise.

    24See id.

    25Id. at 3.

    Against this background, the Commission is now proposing to amend the definition of “material terms” in § 23.500(g) to specifically exclude a modified version of the No-Action Excluded Data Fields. As amended, § 23.500(g) would exclude the following data fields from the definition of “material terms” (hereinafter referred to as the “Proposed Excluded Data Fields”):

    1. An indication that the swap will be allocated; 2. If the swap will be allocated, or is a post-allocation swap, the legal entity identifier 26 of the agent;

    26 A legal entity identifier is “a 20-digit, alpha-numeric code, to uniquely identify legally distinct entities that engage in financial transactions.” See Legal Entity Identifier Regulatory Oversight Committee, http://www.leiroc.org/; 17 CFR 45.6.

    3. An indication that the swap is a post-allocation swap; 4. If the swap is a post-allocation swap, the unique swap identifier; 27

    27 A unique swap identifier is a unique identifier assigned to all swap transactions which identifies the transaction (the swap and its counterparties) uniquely throughout the duration of the swap's existence. See 17 CFR 45.5.

    5. Block trade indicator; 6. With respect to a cleared swap, the execution timestamp; 7. With respect to a cleared swap, the timestamp for submission to SDR; 8. Clearing indicator; and 9. Clearing venue.

    The Proposed Excluded Data Fields modify the No-Action Excluded Data Fields by: (1) Amending the execution timestamp data field to be specific to cleared swaps; (2) amending the timestamp for submission to an SDR data field to be specific to cleared swaps; (3) removing the data field containing an indication of whether the clearing requirement exception in CEA Section 2(h)(7) has been elected with respect to an uncleared swap; and (4) removing the data field containing the identity of the counterparty electing the clearing requirement exception in CEA Section 2(h)(7). The Commission is proposing to retain these data fields for uncleared swaps as “material terms” because a discrepancy in this information in the records of the counterparties could mean that the related information is erroneous in the records of an SDR, which could have an impact on the Commission's regulatory mission.

    The time of execution of an uncleared swap and the time of submission to an SDR is of regulatory value to the Commission for purposes of determining the compliance of SDs and MSPs with Commission regulations.28 Similarly, the identity of a counterparty electing the end-user exception to clearing is important to the Commission's enforcement of the clearing requirement and its monitoring of systemic risk in the OTC markets under its jurisdiction. Thus, the Commission believes it is reasonable to require SDs, MSPs, and their counterparties to resolve any discrepancy in these data fields and, if necessary, correct the information reported to an SDR.29

    28 For example, among other things, the time of execution of a swap between an SD and a counterparty may be relevant to determining the SD's compliance with the deadlines for confirmation of the swap set forth in § 23.501. Likewise, the time of execution and the time of reporting to an SDR may be relevant to determining the SD's compliance with the reporting deadlines set forth in part 45 of the Commission's regulations.

    29 Reporting counterparties are required to correct errors and omissions in data previously reported to an SDR pursuant to § 45.14.

    The Commission intends that, if and when the proposed amendment to the definition of “material terms” is adopted, it will direct the Division to withdraw the no-action relief provided pursuant to CFTC Letter 13-31. Accordingly, under this proposal, the Commission is maintaining the status quo of § 23.502 in that SDs and MSPs and their counterparties would be required to exchange “the terms” of a swap as required under § 23.500(i)(1) and would have to resolve discrepancies in “material terms” of swaps pursuant to § 23.502(a)(4) and (b)(4). However, “material terms” would not include the Proposed Excluded Data Fields. This requirement differs from what may be the current practice of SDs and MSPs that have chosen to take advantage of the relief provided in CFTC Staff Letter 13-31. Such SDs and MSPs may be omitting the No-Action Excluded Data Fields from the portfolio reconciliation process altogether and not exchanging such terms at all, or if exchanging them, choosing not to resolve discrepancies that may be discovered. If the Commission's proposal is adopted, such SDs and MSPs would be required to resume exchanging the terms included in the Proposed Excluded Data Fields, although they could continue the practice of choosing not to resolve discrepancies in such terms. In addition, SDs and MSPs would have to resolve discrepancies in execution and SDR submission timestamps for cleared swaps, and discrepancies in the identities of counterparties electing the end-user exception from clearing, which may not be the practice for SDs and MSPs that have been relying on CFTC Staff Letter 13-31.

    It is the intention of the Commission's proposal to alleviate the burden of resolving discrepancies in terms of a swap that are not relevant to the ongoing rights and obligations of the parties and the valuation of the swap, or to the Commission's regulatory mission. However, with respect to at least some of the No-Action Excluded Data Fields and the corresponding information that is included in the Proposed Excluded Data Fields, the Commission questions whether such data is actually required to be included in any ongoing portfolio reconciliation exercise. For example, the “clearing indicator” and “clearing venue” items included in the Proposed Excluded Data Fields pertain to a swap only until it is extinguished when accepted for clearing by a DCO.30 When extinguished, the original swap would no longer be subject to portfolio reconciliation,31 and, as explained above, portfolio reconciliation is not required for cleared swaps.32 As noted below, the Commission seeks comment on whether such terms should be included in the Proposed Excluded Data Fields.

    30See 17 CFR 23.504(b)(6) (” . . . upon acceptance of a swap by a derivatives clearing organization: (i) The original swap is extinguished; (ii) The original swap is replaced by equal and opposite swaps with the derivatives clearing organization; and (iii) All terms of the swap shall conform to the product specifications of the cleared swap established under the derivative clearing organization's rules.”).

    31 The Commission notes that portfolio reconciliation only applies to swaps currently in effect between an SD or MSP and a particular counterparty, not to expired or terminated swaps. See Definition of “swap portfolio,” 17 CFR 23.500(k).

    32 Portfolio Reconciliation Final Rule, 77 FR at 55927.

    Finally, the Commission notes that it is not proposing an amendment to § 23.500(i)(1) that would exclude the Proposed Excluded Data Fields from portfolio reconciliation altogether. Thus the Commission is not proposing to change the existing requirement under § 23.502 that parties must exchange terms of all swaps in a mutual portfolio, but need only resolve discrepancies over material terms and valuations. As stated above, the Commission recognizes that the proposed amendment would not have the same effect as the no-action relief provided by the Division in CFTC Staff Letter 13-31. Nevertheless, the Commission has determined that it would be premature to propose to codify the staff relief without considering comments from the public on the nature of the post-Dodd-Frank-Act portfolio reconciliation process and how the Proposed Excluded Data Fields relate to that process.

    III. Request for Comment

    To ensure that the proposed rule would, if adopted, achieve its stated purpose, the Commission requests comment generally on all aspects of the proposed rule. Specifically, the Commission requests comment on the following:

    • Should the Commission amend its regulations to provide relief identical to that granted in CFTC Letter No. 13-31? Alternatively, should the Commission amend § 23.500(i)(1) so that counterparties only have to exchange the “material terms” (which would not include the Proposed Excluded Data Fields) of swaps? Or, lastly, should the Commission adopt its current proposal which is to only remove the Proposed Excluded Data Fields from the definition of “material terms” that counterparties must resolve for discrepancies pursuant to § 23.500(i)(3)?

    • Should the Commission's Proposed Excluded Data Fields not include the execution and SDR submission timestamps for uncleared swaps? Please explain why or why not.

    • Should the Commission's Proposed Excluded Data Fields include an indication of the election of the clearing exception in CEA Section 2(h)(7) and/or the identity of the counterparty electing such clearing requirement exception? Please explain why or why not.

    • Are there other items in the Proposed Excluded Data Fields that may have material regulatory value to the Commission or that may be relevant to the ongoing rights and obligations of the parties and the valuation of the swap and, thus, should not be included in the Proposed Excluded Data Fields? Please explain why or why not.

    • Is each of the Proposed Excluded Data Fields actually required to be included in any ongoing portfolio reconciliation exercise, and, if not, should any such term be removed from the list of Proposed Excluded Data Fields? Please explain why or why not.

    • Should any other “material term” as defined in § 23.500(g) be included in the list of Proposed Excluded Data Fields? Please explain why or why not.

    • Should the Commission amend § 23.500(g) so that the term, “material terms,” is defined as all terms of a swap required to be reported in accordance with part 45 of the Commission regulations other than the Proposed Excluded Data Fields, as proposed? Please explain why or why not.

    • To what extent does the proposed amendment facilitate (or fail to facilitate) the policy objectives of portfolio reconciliation? Feel free to reference specific terms listed in the Proposed Excluded Data Fields in your answer.

    • Where are the cost savings realized by not having to resolve discrepancies in the Proposed Excluded Data Fields? If any other alternative approach should be considered, what cost savings would be realized by such alternative approach? Commenters are encouraged to quantify these cost savings.

    IV. Related Matters A. Regulatory Flexibility Act.

    The Regulatory Flexibility Act 33 requires that agencies consider whether the rules they propose will have a significant economic impact on a substantial number of small entities and, if so, provide a regulatory flexibility analysis reflecting the impact. For purposes of resolving any discrepancy in material terms and valuations, the proposed regulation would amend the definition in § 23.500(g) of the Commission regulations so that the term “material terms” (which is used in § 23.500(i)(3)) is defined as all terms of a swap required to be reported in accordance with part 45 of the Commission's regulations other than the Proposed Excluded Data Fields. As noted above, clause (3) of the definition of “portfolio reconciliation” in § 23.500(i) requires the parties to resolve any discrepancy in “material terms” and valuations. As a result of the proposed change to the definition of “material terms” in § 23.500(g) of the Commission regulations, SDs and MSPs would not need to include the Proposed Excluded Data Fields 34 in any resolution of discrepancies of material terms or valuations when engaging in portfolio reconciliation. The Commission has previously determined that SDs and MSPs are not small entities for purposes of the Regulatory Flexibility Act.35 Furthermore, any financial end users that may be indirectly 36 impacted by the proposed rule are likely to be eligible contract participants, and, as such, they would not be small entities.37

    33 5 U.S.C. 601 et seq.

    34See section II above for a list of “Proposed Excluded Data Fields” and proposed § 23.500(g) of the Commission regulations.

    35 Policy Statement and Establishment of Definitions of “Small Entities” for Purposes of the Regulatory Flexibility Act, 47 FR 18618, 18619 (Apr. 30, 1982).

    36 The Regulatory Flexibility Act focuses on direct impact to small entities and not on indirect impacts on these businesses, which may be tenuous and difficult to discern. See Mid-Tex Elec. Coop., Inc. v. FERC, 773 F.2d 327, 340 (D.C. Cir. 1985); Am. Trucking Assns. v. EPA, 175 F.3d 1027, 1043 (D.C. Cir. 1985).

    37See Opting Out of Segregation, 66 FR 20740, 20743 (Apr. 25, 2001).

    Thus, for the reasons stated above, the Commission preliminarily believes that the proposal will not have a significant economic impact on a substantial number of small entities. Accordingly, the Chairman, on behalf of the Commission, hereby certifies, pursuant to 5 U.S.C. 605(b), that the proposed regulations in this Federal Register release would not have a significant economic impact on a substantial number of small entities.

    B. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (“PRA”) 38 imposes certain requirements on Federal agencies, including the Commission, in connection with their conducting or sponsoring any collection of information, as defined by the PRA. 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 control number. This proposed rulemaking would result in an amendment to existing collection of information OMB Control Number 3038-0068 with respect to the collection of information entitled “Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants.” 39 The Commission is therefore submitting this proposal to the Office of Management and Budget (OMB) for review. The Commission previously discussed, for purposes of the PRA, the burden 40 that the regulation mandating, inter alia, portfolio reconciliation would impose on market participants.41 In particular, the Commission estimated the burden to be 1,282.5 hours for each SD and MSP, and the aggregate burden for registrants—based on a then-projected 125 registrants—was 160,312.5 burden hours.42 Since the Commission finalized the rules for SDs and MSPs, 104 entities have provisionally registered as SDs and two entities have provisionally registered as MSPs, for a total of 106 registrants.43 Accordingly, based on the original estimate of 1,282.5 burden hours for each SD and MSP, the aggregate burden for all registrants is estimated at 135,945 burden hours.

    38 44 U.S.C. 3501 et seq.

    39See OMB Control No. 3038-0068, http://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3038-0068.

    40 “For purposes of the PRA, the term `burden' means the `time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal Agency.' ” Portfolio Reconciliation Final Rule, 77 FR at 55959.

    41 Portfolio Reconciliation Final Rule, 77 FR at 55958-60.

    42 Portfolio Reconciliation Final Rule, 77 FR at 55959.

    43 Provisionally Registered Swap Dealers as of June 17, 2015, http://www.cftc.gov/LawRegulation/DoddFrankAct/registerswapdealer; Provisionally Registered Major Swap Participants as of March 1, 2013, http://www.cftc.gov/LawRegulation/DoddFrankAct/registermajorswappart.

    The proposed regulation would amend the definition in § 23.500(g) of the Commission regulations so that the term “material terms” (which is used in § 23.500(i)(3)) is defined as all terms of a swap required to be reported in accordance with part 45 of the Commission's regulations other than the Proposed Excluded Data Fields.44 As noted above, clause (3) of the definition of “portfolio reconciliation” in § 23.500(i) requires the parties to resolve any discrepancy in “material terms” and valuations. The proposed change would clarify that SDs and MSPs would not need to include the Proposed Excluded Data Fields in any resolution of discrepancies of material terms or valuations.

    44 As noted earlier, the proposed rule is amending the definition of the term “material terms” at § 23.500(g) to exclude nine data fields that would not be considered “material terms” in the definition of the term “portfolio reconciliation” of § 23.500(i)(3).

    As discussed above, the rule change proposed herein would reduce the number of “material terms” that counterparties would need to resolve for discrepancies in portfolio reconciliation exercises, but would not eliminate the portfolio reconciliation requirement itself. However, the Commission believes that the changes proposed to the regulatory definition of “material terms” described herein would reduce the time burden for portfolio reconciliation by one burden hour for each SD and MSP, which would reduce the annual burden to 1,281.5 hours per SD and MSP. The Commission believes that the proposed rule would result in one hour of less work for computer programmers for SDs and MSPs because the programmers who have to match the needed data fields from two different databases would have fewer data fields to obtain and resolve for discrepancies. Given that there are 106 provisionally registered SDs and MSPs, the proposed rule, if adopted, would result in an aggregate burden of 135,839 burden hours. The Commission welcomes comments about the potential impact that this proposal would have on the time and cost burden associated with portfolio reconciliation.

    1. Information Collection Comments

    The Commission invites the public and other Federal agencies to comment on any aspect of the reporting burdens discussed above. Pursuant to 44 U.S.C. 3506(c)(2)(B), the Commission solicits comments in order to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) evaluate the accuracy of the Commission's estimate of the burden of the proposed collection of information; (3) determine whether there are ways to enhance the quality, utility, and clarity of the information to be collected; and (4) mitigate the burden of the collection of information on those who are to respond, including through the use of automated collection techniques or other forms of information technology.

    Comments may be submitted directly to the Office of Information and Regulatory Affairs, by fax at (202) 395-6566 or by email at [email protected] Please provide the Commission with a copy of submitted comments so that all comments can be summarized and addressed in the final rule preamble. Refer to the ADDRESSES section of this notice of proposed rulemaking for comment submission instructions to the Commission. A copy of the supporting statement for the collection of information discussed above may be obtained by visiting http://reginfo.gov/. OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication.

    C. Considerations of Costs and Benefits

    Section 15(a) of the CEA requires the Commission to consider the costs and benefits of its actions before promulgating a regulation under the CEA or issuing an order. Section 15(a) further specifies that the costs and benefits shall be evaluated in light of the following five broad areas of market and public concern: (1) Protection of market participants and the public; (2) efficiency, competitiveness, and financial integrity of futures markets; (3) price discovery; (4) sound risk management practices; and (5) other public interest considerations. The Commission considers the costs and benefits resulting from its discretionary determinations with respect to the section 15(a) factors.

    1. Background

    The Commission believes that, while portfolio reconciliation generally helps counterparties to manage risk by facilitating the resolution of discrepancies in material terms of swaps, forcing entities to resolve discrepancies in the Proposed Excluded Data Fields does not improve the management of risks in swaps portfolios. By eliminating the need to resolve discrepancies over material swap terms that remain constant (and that do not impact the valuation of the swap or the payment obligations of the counterparties) and thereby reducing the number of data fields that parties must resolve for differences in portfolio reconciliation exercises, the Commission believes this proposal will slightly decrease the costs that its regulations impose on SDs and MSPs (and their counterparties) without a concomitant reduction in the benefits obtained from portfolio reconciliation exercises under the existing regulatory framework, as described below.

    2. Costs

    The Commission believes this proposal will slightly decrease the costs that its regulations impose on SDs and MSPs (and their counterparties) because it would eliminate the need to verify and resolve discrepancies in swap terms that remain constant (or that do not impact the valuation of swaps or the payment obligations of the counterparties) and thereby reduce the number of data fields requiring particular attention in portfolio reconciliation exercises.45 As mentioned previously, the Commission believes that this change will reduce the annual burden hours for each SD and MSP by one hour, resulting in a total of 1,281.5 hours, which leads to an aggregate number, based on 106 registrants, of 135,839 burden hours. The Commission previously estimated that, assuming 1,282.5 annual burden hours per SD and MSP, the financial cost of its regulations on each SD and MSP would be $128,250.46 Therefore, based on those prior estimates, a one-hour reduction in the annual burden hours for each SD and MSP would result in a financial cost of $128,150 per registrant. Accordingly, the Commission estimates that, if the proposed rule is adopted, the aggregate financial burden of its regulations on SDs and MSPs would be $13,583,900.47

    45 The Commission notes the existence of CFTC Staff Letter No. 13-31 and that the Proposal, if finalized, could increase the burden for SDs, MSPs, and their counterparties relying on the relief in that letter.

    46 Portfolio Reconciliation Final Rule, 77 FR at 55959.

    47 The Commission had estimated that, if 125 entities had registered as SDs and MSPs, the aggregate burden would be $16,031,250. Id.

    The Commission does not believe the proposed regulation would increase the Commission's costs or impair the Commission's ability to oversee and regulate the swaps markets. Portfolio reconciliation is designed to enable counterparties to understand the current status or value of swap terms. As mentioned above, the Commission is proposing to amend the definition of “material terms” in § 23.500(g) so as to exclude the Proposed Excluded Data Fields because it preliminarily agrees with market participants that the Proposed Excluded Data Fields are not material to the ongoing rights and obligations of the counterparties to a swap. Because the Commission's proposal would only remove terms from the discrepancy resolution process for material terms, as opposed to the general portfolio reconciliation process or swaps reporting requirements, it will not negatively impact the amount of information available to the Commission about swaps. While the Commission believes that this proposal would reduce SDs', MSPs', or their counterparties' costs of complying with Commission regulations (because it would reduce the number of terms that counterparties must periodically resolve for discrepancies during portfolio reconciliations), the Commission seeks specific comment on the following, and encourages commenters to provide quantitative information in their comments where practical):

    • How will the proposed regulation affect the costs of portfolio reconciliation for swap counterparties? Is the Commission's estimate of cost reductions that would result from the proposed rule a reasonable estimate of cost savings that would be realized from adopting the proposal?

    • Will the proposed regulation make the portfolio reconciliation process more or less expensive? How so?

    • How would the proposed rule affect the ongoing costs of compliance with Commission regulations?

    • Are there other costs that the Commission should consider?

    Commenters are strongly encouraged to include quantitative information in their comment on this rulemaking where practical.

    3. Benefits

    The Commission believes that this proposal would benefit SDs, MSPs, and their counterparties because it will not require them to expend the resources necessary to resolve discrepancies over swap terms that are included in the Proposed Excluded Data Fields in accordance with tight regulatory timeframes.48 The Commission requests comment on all aspects of its preliminary consideration of benefits and encourages commenters to provide quantitative information where practical. Has the Commission accurately identified the benefits of this proposed regulation? Are there other benefits to the Commission, market participants, and/or the public that may result from the adoption of the proposed regulation that the Commission should consider?

    48See § 23.502(a)(4) requiring SDs and MSPs to resolve discrepancies in material terms immediately with counterparties that are also SDs or MSPs. See also § 23.502(b)(4) (requiring SDs and MSPs to resolve discrepancies in material terms and valuations in a timely fashion with counterparties that are not SDs or MSPs).

    4. Section 15(a)

    Section 15(a) of the CEA requires the Commission to consider the effects of its actions in light of the following five factors:

    a. Protection of Market Participants and the Public

    The Commission believes that, notwithstanding its proposal to remove the Proposed Excluded Data Fields from the list of material terms that counterparties must periodically scrutinize to resolve any discrepancies, its regulations will continue to protect market participants and the public. The Commission, however, welcomes comment as to how market participants and the public may be protected or harmed by the proposed regulation.

    b. Efficiency, Competitiveness, and Financial Integrity of Markets

    The Commission believes that its proposal, which will ensure that the parties resolving discrepancies in material terms and valuations in portfolio reconciliation exercises need not concern themselves with terms in the Proposed Excluded Data Fields may increase resource allocation efficiency of market participants engaging in reconciliation exercises without increasing the risk of harm to the financial integrity of markets.

    The Commission seeks comment as to how the proposed regulation may promote or hinder the efficiency, competitiveness, and financial integrity of markets.

    c. Price Discovery

    The Commission has not identified an impact on price discovery as a result of the proposed regulation, but seeks comment as to any potential impact. Will the proposed regulation impact, positively or negatively, the price discovery process?

    d. Sound Risk Management

    The Commission believes that its proposal is consistent with sound risk management practices because the proposed regulatory change would not impair an entity's ability to conduct portfolio reconciliations. The Commission solicits comments on whether market participants believe the proposal will impact, positively or negatively, the risk management procedures or actions of SDs, MSPs, or their counterparties.

    e. Other Public Interest Considerations

    The Commission has not identified any other public interest considerations, but welcomes comment on whether this proposal would promote public confidence in the integrity of derivatives markets by ensuring meaningful regulation and oversight of all SDs and MSPs. Will this proposal impact, positively or negatively, any heretofore unidentified matter of interest to the public?

    List of Subjects in 17 CFR Part 23

    Authority delegations (Government agencies), Commodity futures, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Commodity Futures Trading Commission proposes to amend 17 CFR part 23 as set forth below:

    PART 23—SWAP DEALERS AND MAJOR SWAP PARTICIPANTS 1. The authority citation for part 23 continues to read as follows: Authority:

    7 U.S.C. 1a, 2, 6, 6a, 6b, 6b-1, 6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21.

    2. Revise § 23.500(g) to read as follows:
    § 23.500 Definitions.

    (g) Material terms means all terms of a swap required to be reported in accordance with part 45 of this chapter other than the following:

    (1) An indication that the swap will be allocated;

    (2) If the swap will be allocated, or is a post-allocation swap, the legal entity identifier of the agent;

    (3) An indication that the swap is a post-allocation swap;

    (4) If the swap is a post-allocation swap, the unique swap identifier;

    (5) Block trade indicator;

    (6) With respect to a cleared swap, execution timestamp;

    (7) With respect to a cleared swap, timestamp for submission to a swap data repository;

    (8) Clearing indicator; and

    (9) Clearing venue.

    Issued in Washington, DC, on September 17, 2015, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. Note:

    The following appendices will not appear in the Code of Federal Regulations.

    Appendices to Proposal To Amend the Definition of “Material Terms” for Purposes of Swap Portfolio Reconciliation—Commission Voting Summary, Chairman's Statement, and Commissioner's Statement Appendix 1—Commission Voting Summary

    On this matter, Chairman Massad and Commissioners Bowen and Giancarlo voted in the affirmative. No Commissioner voted in the negative.

    Appendix 2—Statement of Chairman Timothy G. Massad

    I support issuing this proposal to amend the definition of “material terms” for purposes of portfolio reconciliation performed by swap dealers and major swap participants.

    The proposed amendment would replace an existing “no-action” letter issued during the implementation of the Dodd-Frank Act. This gives greater certainty to affected registrants and furthers the Commission's ongoing process of simplifying, fine-tuning, and harmonizing our rules.

    The proposal not only seeks comment on the technical aspects of reconciling specific data fields excluded under the staff no-action letter, but also seeks answers to important questions regarding the experience of swap dealers and major swap participants in complying with the portfolio reconciliation requirement more generally. Further, it seeks comment on the relationship of portfolio reconciliation to the integrity of data reported to swap data repositories.

    The feedback of knowledgeable market participants on this proposal will allow the Commission to further its goal of continuously improving our recordkeeping, reporting, and data quality rules and practices. I encourage all market participants to join in this effort by examining the proposal and providing detailed comments. I look forward to reviewing them.

    Appendix 3—Statement of Commissioner J. Christopher Giancarlo

    In its rush to implement the Dodd-Frank Act over the past few years, the Commission issued multiple rules that proved to be confusing, impracticable or unworkable, which in turn necessitated the unprecedented issuance of no-action relief, either due to unrealistic compliance deadlines, problematic elements of the rules or both. I trust that today's proposal from the Commission signals that the epoch of heedless rule production is drawing to a close.

    The Commission is seeking comment on a proposed rule that would codify a modified version of no-action relief issued in 2013 (the “No-Action Relief”) by the Division of Swap Dealer and Intermediary Oversight (“DSIO”) pursuant to a request for an interpretive letter from the International Swaps and Derivatives Association (“ISDA”). The No-Action Relief allows Swap Dealers (“SDs”) and Major Swap Participants (“MSPs”) to treat certain Part 45 data fields as non-material for purposes of portfolio reconciliation under Commission Regulation 23.502.1

    1See CFTC Letter No. 13-31 (June 26, 2013).

    I commend the Chairman and DSIO staff for taking steps to replace the No-Action Relief with a rulemaking subject to a cost-benefit analysis and the notice and comment requirements of the Administrative Procedure Act. Reasonable people understood at the height of the Dodd-Frank rulemaking frenzy that the Commission would and could not get everything right. That is why actions like today's rule proposal are necessary and appropriate.

    I urge the CFTC staff to continue down the path of bringing to the Commission for consideration amendments to flawed Dodd-Frank rulesets. It is appropriate as a matter of good government that we replace the hundreds of no-action, exemptive and interpretive letters, guidance, advisories and other communications, both written and unwritten, issued without a Commission vote in the wake of the Dodd-Frank Act with proper administrative rulemakings.

    I support issuing for public comment the proposed amendments to the definition of “material terms” for purposes of portfolio reconciliation. As the public reviews this rule change and formulates comments, I would like to draw its attention to several aspects of the proposal. Commission Regulation 23.502 requires SDs and MSPs to engage in portfolio reconciliation once each day, week or calendar quarter, depending on the size of the swap portfolio, and to resolve immediately any discrepancy in a material term. It is unclear why the Commission needs a daily, weekly, or quarterly reconciliation of data fields that will not change over time once established. In particular, I note that the proposed rule would continue to treat as material terms the execution timestamp and timestamp for submission to a swap data repository for uncleared swaps, an indication of whether the clearing requirement exception in section 2(h)(7) of the Commodity Exchange Act has been elected and the identity of the counterparty electing the clearing requirement exception. I am aware of the staff's concern that a discrepancy in these terms could negatively impact the Commission's regulatory mission, but question whether these terms will ever need to be reconciled after an initial verification.

    On the other hand, I also question what additional burden will be placed on market participants by including these terms in the portfolio reconciliation process. I note that in its request for an interpretive letter ISDA stated that requiring reconciliation of data fields that are not relevant to the ongoing rights and obligations of the parties to a swap unnecessarily adds to the costs and complexity associated with implementing and managing the portfolio reconciliation process.2 It would be most helpful if parties affected by the rule would submit detailed comments regarding these costs.

    2See ISDA Request for Interpretive Letter—Part 23 dated May 31, 2013.

    It is also unclear why the Commission is proposing to retain the requirement that SDs and MSPs exchange non-material terms throughout the life of a swap as part of a portfolio reconciliation exercise. Commission Regulation 23.500(i) defines portfolio reconciliation as the process by which two parties to one or more swaps: (1) Exchange “terms” (meaning all terms) of all swaps between the counterparties; (2) exchange each counterparty's valuation of each swap as of the close of business on the immediately preceding business day; and (3) resolve any discrepancy in “material” terms and valuations. I note that ISDA requested that the Commission narrow the definition of “terms” in Rule 23.500(i)(1) to mean “material terms,” but the Commission is not proposing to do so. Thus, counterparties will be required to exchange all terms of each swap on a daily, weekly, or quarterly basis throughout the life of a swap, but will be required to reconcile only “material terms.” As with treating the terms relating to timestamps and the clearing exception as “material terms” discussed above, I question the utility of including non-material terms that are not required to be reconciled as part of the portfolio reconciliation process. It would be most helpful if parties affected by the rule would submit detailed comments weighing the burdens against benefits of continuing to include such non-material terms.

    I look forward to thoughtful comments on all aspects of the proposal.

    [FR Doc. 2015-24021 Filed 9-21-15; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 11, 16, 106, 110, 114, 117, 120, 123, 129, 179, 211, 225, 500, 507, and 579 [Docket No. FDA-2015-N-001] RIN 0910-AG10 and 0910-AG36 The Food and Drug Administration Food Safety Modernization Act: Final Rules To Establish Requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human and Animal Food; Public Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of public meeting.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing a public meeting entitled “FDA Food Safety Modernization Act: Final Rules to Establish Requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human and Animal Food.” The public meeting will provide interested persons an opportunity to discuss the final rules for current good manufacturing practice, hazard analysis, and risk-based preventive controls for human and animal food (the preventive controls final rules) and FDA's comprehensive planning effort for the next phase of the FDA Food Safety Modernization Act (FSMA) implementation, which involves putting in place the new public health prevention measures and the risk-based industry oversight framework that is at the core of FSMA. The purpose of the public meeting is to brief stakeholders and interested persons on the key components of the preventive controls final rules, respond to questions, and discuss the next phase of FSMA implementation with respect to human and animal food preventive controls requirements.

    DATES:

    See section III, “How to Participate in the Public Meeting” in the SUPPLEMENTARY INFORMATION section of this document for dates and times of the public meeting, closing dates for advance registration, and requesting special accommodations due to disability.

    ADDRESSES:

    See section III, “How to Participate in the Public Meeting” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For questions about registering for the meeting or to register by phone: Courtney Treece, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 704-258-4983, FAX: 469-854-6992, email: [email protected].

    For general questions about the meeting or for special accommodations due to a disability: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS-009), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-1731, email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Background

    The FDA Food Safety Modernization Act (FSMA) (Pub. L.111-353), signed into law by President Obama on January 4, 2011, enables FDA to better protect public health by helping to ensure the safety and security of the food supply. FSMA amends the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish the foundation of a modernized, prevention-based food safety system. Among other things, FSMA requires FDA to issue regulations requiring preventive controls for human food and animal food, setting standards for produce safety, and requiring importers to perform certain activities to help ensure that the food they bring into the United States is produced in a manner consistent with U.S. standards.

    FSMA was the first major legislative reform of FDA's food safety authorities in more than 70 years. In the Federal Register of January 16, 2013 (78 FR 3646), we proposed to amend our regulations for Current Good Manufacturing Practice In Manufacturing, Packing, or Holding Human Food to modernize it and to add requirements for domestic and foreign facilities that are required to register under the FD&C Act to establish and implement hazard analysis and risk-based preventive controls for human food. We also proposed to revise certain definitions in our current regulation for Registration of Food Facilities to clarify the scope of the exemption from registration requirements provided by the FD&C Act for “farms.” In the Federal Register of October 29, 2013 (78 FR 64735), we proposed regulations for domestic and foreign facilities that are required to register under the FD&C Act to establish requirements for current good manufacturing practice in manufacturing, processing, packing, and holding of animal food. We proposed to require that certain facilities establish and implement hazard analysis and risk-based preventive controls for food for animals to provide greater assurance that animal food is safe and will not cause illness or injury to animals or humans.

    Based on input we received from public comments, in the Federal Register of September 29, 2014 (79 FR 58476 and 79 FR 58524), we proposed to amend our 2013 proposed rules for Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human and Animal Food and reopened the comment period only with respect to specific issues identified in supplemental proposed rules.

    In the Federal Register of September 17, 2015 (80 FR 55908), we issued a final rule to establish the requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Base Preventive Controls for Human Food. In the Federal Register of September 17, 2015 (80 FR 56170), we issued a final rule to establish requirements for Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals. The preventive controls final rules apply to human and animal food and require domestic and foreign facilities that are required to register under the FD&C Act to have written plans that identify hazards, specify the preventive controls that will be put in place to significantly minimize or prevent those hazards, include procedures to monitor the implementation of the preventive controls, and include corrective action procedures for use when preventive controls are not properly implemented. We also revised certain definitions in the regulation for Registration of Food Facilities to clarify the scope of the exemption from registration requirements provided for “farms” and, in so doing, to clarify which domestic and foreign facilities are subject to the requirements for hazard analysis and risk-based preventive controls for food. The preventive controls final rules and related fact sheets are available on FDA's FSMA Web page located at http://www.fda.gov/FSMA.

    II. Purpose and Format of the Public Meeting

    FDA is holding the public meeting on the two preventive controls final rules to address what is different from the proposals; discuss the plans for guidance documents and outstanding issues that might be addressed in guidance; provide an update on the development of implementation work plans; and answer questions.

    These two preventive controls final rules are the first of several final rules that will establish the foundation of, and central framework for, the modern food safety system envisioned by Congress in FSMA. We will not use any information or data submitted during the public meeting to inform any FSMA rulemakings where the comment periods have closed.

    There will be an opportunity for stakeholders who are unable to participate in person to join the meeting via webcast. (See section III of this document for more information on the webcast option.)

    III. How To Participate in the Public Meeting

    We are holding the public meeting on October 20, 2015, from 8:30 a.m. until 5 p.m., at Chicago Marriott Downtown Magnificent Mile, 540 North Michigan Ave, Chicago, IL 60611. Due to limited space and time, we encourage all persons who wish to attend the meeting to register in advance. There is no fee to register for the public meeting, and registration will be on a first-come, first-served basis. Early registration is recommended because seating is limited. Onsite registration will be accepted, as space permits, after all preregistered attendees are seated.

    Table 1 of this document provides information on participation in the public meeting.

    Table 1—Information on Participation in the Meeting Date Electronic address Address Other information Attend public meeting October 20, 2015, from 8:30 a.m. to 5 p.m. CDT Please preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm Chicago Marriott Downtown Magnificent Mile, 540 North Michigan Ave, Chicago, IL 60611 Registration check-in begins at 8 a.m. View webcast October 20, 2015, from 8:30 a.m. to 5 p.m. CDT Individuals who wish to participate by webcast are asked to preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm The webcast will have closed captioning. Preregister Register by October 12, 2015 Individuals who wish to participate in person are asked to preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm We encourage the use of electronic registration, if possible.1 There is no registration fee for the public meeting. Request special accommodations due to disability Request by October 6, 2015 Juanita Yates, email: [email protected] See For Further Information Contact Submit electronic questions about the FSMA final rules Submit questions to the FDA FSMA Technical Assistance Network at http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm459719.htm For more information about the FDA FSMA Technical Assistance Network, visit http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm459719.htm. 1 You may also register via email, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Courtney Treece, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 704-258-4983, FAX: 469-854-6992, email: [email protected]. IV. Transcripts and Recorded Video

    Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov and at FDA's FSMA Web site at: http://www.fda.gov/FSMA. You may also view the transcript at the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. The Freedom of Information office address is available on the Agency's Web site at http://www.fda.gov. Additionally, we will be video recording the public meeting. Once the recorded video is available, it will be accessible at FDA's FSMA Web site at http://www.fda.gov/FSMA.

    Dated: September 17, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-24027 Filed 9-21-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 108 [Docket No. FDA-2015-N-2819] Emergency Permit Control Regulations; Technical Amendments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Proposed rule; technical amendments.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is proposing to amend certain regulations pertaining to registration and process filings related to acidified foods and thermally processed low-acid foods packaged in hermetically sealed containers (historically referred to as “low-acid canned foods” or “LACF”). The amendments would reflect new FDA process filing form numbers and would make changes to addresses or locations where such forms can be found or must be sent. Additionally, the amendments would remove obsolete references to the effective dates that occurred years ago and update a reference to another Federal Agency.

    DATES:

    Submit either electronic or written comments on the proposed rule by December 7, 2015.

    ADDRESSES:

    You may submit comments by any of the following methods.

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Written Submissions

    Submit written submissions in the following way:

    Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Instructions: All submissions received must include the Docket No. (FDA-2015-N-2819) for this rulemaking. All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov and insert the docket number(s), found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Susan Brecher, Center for Food Safety and Applied Nutrition (HFS-302), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740-3835, 240-402-1781.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Among other things, current FDA regulations at part 108 (21 CFR part 108) provide that a commercial processor, when first engaging in the manufacture, processing, or packing of acidified foods or low-acid canned foods, must, not later than 10 days after first so engaging, register and file with FDA information including the name of the establishment, principal place of business, the location of each establishment in which that processing is carried on, the processing method, and a list of foods so processed in each establishment (§ 108.25(c)(1) and § 108.35(c)(1)). In addition, our regulations require the submission of process filing forms. Specifically, our regulations require that commercial processors engaged in the processing of acidified foods must, not later than 60 days after registration, and before packing any new product, provide FDA with information on the scheduled processes for each acidified food in each container size (§ 108.25(c)(2)). An analogous requirement for process filing applies to commercial processors of low-acid canned foods (§ 108.35(c)(2)). The regulations specify the specific process filing forms to be used (Forms FDA 2541a and 2541c), and also state where the forms can be obtained and where the forms should be sent.

    We recently engaged in an effort to modernize our forms and to provide a means for submitting the forms using electronic “smart form” technology. This effort involved the drafting of four new draft process filing forms: Forms FDA 2541d, FDA 2541e, FDA 2541f, and FDA 2541g. (For more information about the draft new process filing forms, see “Draft Guidance for Industry: Submitting Form FDA 2541 (Food Canning Establishment Registration) and Forms FDA 2541d, FDA 2541e, FDA 2541f, and FDA 2541g (Food Process Filing Forms) to FDA in Electronic or Paper Format,” available at http://www.fda.gov/FoodGuidances.) Once completed, this effort will make it easier for firms to submit information to us and will improve the accuracy of the information submitted in the forms. In conjunction with these changes, the proposed rule would make technical amendments to § 108.25, “Acidified Foods,” and § 108.35, “Thermal Processing of Low-Acid Foods Packaged in Hermetically Sealed Containers.” Specifically, the proposed rule would incorporate the new FDA form numbers. FDA hopes to finalize the new process filing forms later in 2015. By incorporating the new FDA form numbers into part 108, the proposed rule would cause the new forms to fully replace the forms currently listed in part 108 once this proposed rule becomes final and effective. At that point, FDA would no longer accept the currently-listed forms.

    In addition, the proposed rule would make changes to the addresses or locations where forms can be found or must be sent. Finally, the proposed rule would remove obsolete references to dates that occurred years ago and would update the name of the Agency of the U. S. Department of Agriculture that administers the meat and poultry inspection programs under the Federal Meat Inspection Act and the Poultry Products Inspection Act.

    II. Legal Authority

    We are issuing this proposed rule under the Federal Food, Drug, and Cosmetic Act (the FD&C Act). Section 404(a) of the FD&C Act (21 U.S.C. 344(a)) provides that whenever the Secretary finds after investigation that the distribution in interstate commerce of any class of food may, by reason of contamination with micro-organisms during the manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered interstate commerce, the Secretary then shall issue regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health. Under section 404 of the FD&C Act, FDA's regulations in part 108 have long required registration of food processing establishments, filing of process information, and maintenance of processing and production records for acidified foods and low-acid canned foods. Under section 701(e) of the FD&C Act, any action for the issuance, amendment, or repeal of any regulation under section 404(a) of the FD&C Act shall be begun by a proposal made either by the Secretary on his own initiative or by petition of any interested persons, showing reasonable grounds therefor, filed with the Secretary.

    III. Description of the Proposed Rule

    As stated in section I, the proposed rule would make technical amendments to § 108.25, “Acidified Foods,” and § 108.35, “Thermal Processing of Low-Acid Foods Packaged in Hermetically Sealed Containers.” These changes would incorporate the new FDA form numbers and changes to the addresses or locations where forms can be found or must be sent. These changes would also remove obsolete references to dates that occurred years ago and would update the name of the Agency of the U. S. Department of Agriculture that administers the meat and poultry inspection programs under the Federal Meat Inspection Act and the Poultry Products Inspection Act. Specifically, the proposed rule would:

    • Amend § 108.25(c)(1) and (c)(2) and § 108.35(c)(1) and (c)(2) to replace the obsolete mailing code (HFS-618) listed in those provisions with the current mailing code (HFS-303) for the FDA office identified in those provisions.

    • Amend § 108.25(c)(1) and (c)(2) and § 108.35(c)(1) and (c)(2) to provide an Internet address where forms can be found or submitted. The new text would state that the forms are available on our Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm and, for electronic submission, would refer to FDA's Industry Systems Web site at www.access.fda.gov.

    • Amend § 108.25(c)(1) by deleting “Commercial processors presently so engaged shall register within 120 days after the effective date of this regulation.” We propose to delete this sentence because the effective date occurred years ago, so the sentence is no longer necessary. We also propose to replace the sentence stating that “Foreign processors shall register within 120 days after the effective date of this regulation or before any offering of foods for import into the United States, whichever is later,” with a new sentence stating that “Foreign processors shall register before any offering of foods for import into the United States.” We propose to make this change because the effective date occurred years ago, so reference to the effective date is no longer necessary.

    • Amend § 108.25(c)(2) by replacing “form FDA 2541a (food canning establishment process filing form for all methods except aseptic)” with “Form FDA 2541e (Food Process Filing for Acidified Method).” This change would reflect the new form number and form that FDA is introducing.

    • Amend § 108.35(c)(1) by deleting the sentence stating that “Commercial processors presently so engaged shall register not later than July 13, 1973.” Given the passage of time since § 108.35(c)(1) was issued, reference to the date of July 13, 1973, is no longer necessary.

    • Amend § 108.35(c)(2) by replacing “Form FDA 2541a (food canning establishment process filing for all methods except aseptic), or Form FDA 2541c (food canning establishment process filing for aseptic systems)” with a list of the following new forms: Form FDA 2541d (Food Process Filing for Low-Acid Retorted Method); Form FDA 2541f (Food Process Filing for Water Activity/Formulation Control Method); and Form FDA 2541g (Food Process Filing for Low-Acid Aseptic Systems). These changes refer to the new form numbers and forms that FDA is introducing.

    • Amend § 108.35(c)(2)(ii) by inserting “LACF Registration Coordinator (HFS-303)” before “Center for Food Safety and Applied Nutrition.” This change would provide greater specificity as to the FDA office that should receive information for purposes of § 108.35(c)(2)(ii).

    • Amend § 108.35(i) (which refers to “the meat and poultry inspection program of the Animal and Plant Health Inspection Service of the Department of Agriculture”) by replacing “Animal and Plant Health Inspection Service” with “Food Safety Inspection Service.” We are making this change because the Food Safety and Inspection Service of the U.S. Department of Agriculture now administers the meat and poultry inspection program under the Federal Meat Inspection Act and the Poultry Products Inspection Act, and not the Animal and Plant Health Inspection Service.

    IV. Proposed Effective Date

    We propose that any final rule resulting from this rulemaking process become effective 30 days after its date of publication in the Federal Register.

    V. Economic Analysis of Impacts

    We are publishing this proposed rule under the formal rulemaking process. Executive Order 12866 does not require us to analyze the costs and benefits of proposed rules that we publish under this rulemaking process.

    The Regulatory Flexibility Act requires Agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. The proposed rule would amend §§ 108.25 and 108.35 to delete obsolete references to long-expired effective dates, make changes to FDA addresses or locations, and reflect new process filing forms. With regard to the new process filing forms, FDA would replace references to Forms FDA 2541a and FDA 2541c with references to four new process filing forms: Forms FDA 2541d, FDA 2541e, FDA 2541f, and FDA 2541g. Some of the data entry fields on the four new process filing forms are not on current Forms FDA 2541a and FDA 2541c. The new forms add certain data entry fields to improve the efficiency of FDA's review of the process filings. For example, the new forms include data entry fields for the “food product group” (such as liquid, ready-to-eat “breakfast foods”). In addition, the new forms provide for “smart form” technology using an electronic submission system. The updated process filing portion of the electronic submission system queries the processor about the processes used to produce the food and presents only those data entry fields that are applicable. As a result, processors will no longer need to evaluate whether particular data entry fields are applicable to their products. For example, when a processor submits a process filing for a product that is processed using a low-acid retorted method with a process mode of “agitating,” smart form technology would bypass questions that are not applicable to this process mode option. We estimate that the additional time it would take processors to complete the new information requested on the new forms would be offset by the time processors will save by not having to evaluate whether certain data entry fields on Form FDA 2541a or FDA 2541c are applicable to their products. Hence, we propose to certify that the rule, if finalized, will not have a significant economic impact on a substantial number of small entities.

    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that Agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing “any rule that includes 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 annually for inflation) in any one year.” The current threshold after adjustment for inflation is $144 million, using the most current (2014) Implicit Price Deflator for the Gross Domestic Product. FDA does not expect this proposed rule to result in any 1-year expenditure that would meet or exceed this amount.

    VI. Analysis of Environmental Impact

    FDA has determined, under 21 CFR 25.30(i), that this proposed rule is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

    VII. Paperwork Reduction Act of 1995

    This proposed rule contains information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). These collections of information have been previously approved under OMB control number 0910-0037 which expires September 30, 2017.

    VIII. Federalism

    FDA has analyzed this proposed rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the proposed rule, if finalized, would not contain policies that would 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. Accordingly, we tentatively conclude that the proposed rule does not contain policies that have federalism implications as defined in the Executive Order and, consequently, a federalism summary impact statement is not required.

    IX. Additional Information Regarding Comments

    Interested persons may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    List of Subjects in 21 CFR Part 108

    Administrative practice and procedure, Foods, Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, it is proposed that 21 CFR part 108 be amended as follows:

    PART 108—EMERGENCY PERMIT CONTROL 1. The authority citation for 21 CFR part 108 continues to read as follows: Authority:

    21 U.S.C. 342, 344, 371.

    2. In § 108.25, revise paragraphs (c)(1) and (c)(2) to read as follows:
    § 108.25 Acidified foods.

    (c)(1) Registration. A commercial processor, when first engaging in the manufacture, processing, or packing of acidified foods in any State, as defined in section 201(a)(1) of the act, shall, not later than 10 days after first so engaging, register and file with the Food and Drug Administration on Form FDA 2541 (food canning establishment registration) information including, but not limited to, the name of the establishment, principal place of business, the location of each establishment in which that processing is carried on, the processing method in terms of acidity and pH control, and a list of foods so processed in each establishment. These forms are available from the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or at any Food and Drug Administration district office. The completed form shall be submitted to the Center for Food Safety and Applied Nutrition (HFS-565), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. These forms also are available on the Food and Drug Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. For electronic submission go to FDA's Industry Systems Web site at www.access.fda.gov. Foreign processors shall register before any offering of foods for import into the United States. Commercial processors duly registered under this section shall notify the Food and Drug Administration not later than 90 days after the commercial processor ceases or discontinues the manufacture, processing, or packing of the foods in any establishment, except that this notification shall not be required for temporary cessations due to the seasonal character of an establishment's production or by temporary conditions including, but not limited to, labor disputes, fire, or acts of God.

    (2) Process filing. A commercial processor engaged in the processing of acidified foods shall, not later than 60 days after registration, and before packing any new product, provide the Food and Drug Administration information on the scheduled processes including, as necessary, conditions for heat processing and control of pH, salt, sugar, and preservative levels and source and date of the establishment of the process, for each acidified food in each container size. Filing of this information does not constitute approval of the information by the Food and Drug Administration, and information concerning processes and other data so filed shall be regarded as trade secrets within the meaning of 21 U.S.C. 331(j) and 18 U.S.C. 1905. This information shall be submitted on Form FDA 2541e (Food Process Filing for Acidified Method). Forms are available from the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or at Food and Drug Administration district office. The completed form shall be submitted to the LACF Registration Coordinator (HFS-618), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. These forms also are available on the Food and Drug Administration's Web site at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/AcidifiedLACFRegistration/ucm2007436.htm. For electronic submission go to FDA's Industry Systems Web site at www.access.fda.gov.

    3. In § 108.35, revise paragraphs (c)(1), (c)(2) introductory text, (c)(2)(ii), and (i) to read as follows:
    § 108.35 Thermal processing of low-acid foods packaged in hermetically sealed containers.

    (c) * * *

    (1) Registration. A commercial processor when first engaging in the manufacture, processing, or packing of thermally processed low-acid foods in hermetically sealed containers in any state, as defined in section 201(a)(1) of the act, shall, not later than 10 days after first so engaging, register with the Food and Drug Administration on Form FDA 2541 (food canning establishment registration) information including (but not limited to) his name, principal place of business, the location of each establishment in which such processing is carried on, the processing method in terms of the type of processing equipment employed, and a list of the low-acid foods so processed in each such establishment. These forms are available from the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or at any Food and Drug Administration district office. The completed form shall be submitted to the LACF Registration Coordinator (HFS-618), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. These forms also are available on the Food and Drug Administration's Web site at http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/AcidifiedLow-AcidCanned/Foods/default.htm. For electronic submission go to FDA's Industry Systems Web site at www.access.fda.gov. Commercial processors duly registered in accordance with this section shall notify the Food and Drug Administration not later than 90 days after such commercial processor ceases or discontinues the manufacture, processing, or packing of thermally processed foods in any establishment: Provided, That such notification shall not be required as to the temporary cessation necessitated by the seasonal character of the particular establishment's production or caused by temporary conditions including but not limited to strikes, lockouts, fire, or acts of God.

    (2) Process filing. A commercial processor engaged in the thermal processing of low-acid foods packaged in hermetically sealed containers shall, not later than 60 days after registration and prior to the packing of a new product, provide the Food and Drug Administration information as to the scheduled processes including but not limited to the processing method, type of retort or other thermal processing equipment employed, minimum initial temperatures, times and temperatures of processing, sterilizing value (Fo), or other equivalent scientific evidence of process adequacy, critical control factors affecting heat penetration, and source and date of the establishment of the process, for each such low-acid food in each container size: Provided, That the filing of such information does not constitute approval of the information by the Food and Drug Administration, and that information concerning processes and other data so filed shall be regarded as trade secrets within the meaning of 21 U.S.C. 331(j) and 18 U.S.C. 1905. This information shall be submitted on the following forms as appropriate: Form FDA 2541d (Food Process Filing for Low-Acid Retorted Method), Form FDA 2541f (Food Process Filing for Water Activity/Formulation Control Method), or Form FDA 2541g (Food Process Filing for Low-Acid Aseptic Systems). These forms are available from the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, or at any Food and Drug Administration district office. The completed form(s) shall be submitted to the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. These forms also are available on the Food and Drug Administration's Web site at http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/AcidifiedLow-AcidCannedFoods/default.htm. For electronic submission, go to FDA's Industry Systems Web site at www.access.fda.gov.

    (ii) If a packer intentionally makes a change in a previously filed scheduled process by reducing the initial temperature or retort temperature, reducing the time of processing, or changing the product formulation, the container, or any other condition basic to the adequacy of scheduled process, he shall prior to using such changed process obtain substantiation by qualified scientific authority as to its adequacy. Such substantiation may be obtained by telephone, telegram, or other media, but must be promptly recorded, verified in writing by the authority, and contained in the packer's files for review by the Food and Drug Administration. Within 30 days after first use, the packer shall submit to the LACF Registration Coordinator (HFS-303), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740 a complete description of the modifications made and utilized, together with a copy of his file record showing prior substantiation by a qualified scientific authority as to the safety of the changed process. Any intentional change of a previously filed scheduled process or modification thereof in which the change consists solely of a higher initial temperature, a higher retort temperature, or a longer processing time, shall not be considered a change subject to this paragraph, but if that modification is thereafter to be regularly scheduled, the modified process shall be promptly filed as a scheduled process, accompanied by full information on the specified forms as provided in this paragraph.

    (i) This section shall not apply to the commercial processing of any food processed under the continuous inspection of the meat and poultry inspection program of the Food Safety Inspection Service of the Department of Agriculture under the Federal Meat Inspection Act (34 Stat. 1256, as amended by 81 Stat. 584 (21 U.S.C. 601 et seq.)) and the Poultry Products Inspection Act (71 Stat. 441, as amended by 82 Stat. 791 (21 U.S.C. 451 et seq.)).

    Dated: September 15, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-23614 Filed 9-21-15; 8:45 am] BILLING CODE 4164-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0444; FRL-9934-42-Region 4] Air Plan Approval; KY; Emissions Statements for the 2008 8-Hour Ozone NAAQS AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the portion of a draft state implementation plan (SIP) revision submitted by the Commonwealth of Kentucky, through the Kentucky Division of Air Quality (DAQ) on April 15, 2015, for parallel processing, that addresses the emissions statement requirements for Kentucky's portion of the Cincinnati, Ohio-Kentucky-Indiana (Cincinnati, OH-KY-IN) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereinafter referred to as the “Cincinnati, OH-KY-IN Area” or “Area”). Annual emissions reporting (i.e., emissions statements) is required for all ozone nonattainment areas. The Area is comprised of Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; portions of Boone, Campbell, and Kenton Counties in Kentucky; and a portion of Dearborn County in Indiana. EPA will consider and take action on the Ohio and Indiana submissions addressing the emissions statements requirements for their portions of this Area in separate actions. This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

    DATES:

    Written comments must be received on or before October 22, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R04-OAR-2015-0444, by one of the following methods:

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

    2. Email: [email protected]

    3. Fax: (404) 562-9019.

    4. Mail: “EPA-R04-OAR-2015-0444,” Air Regulatory Management Section, (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.

    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's 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-R04-OAR-2015-0444. 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 through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. 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 information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information may not be publicly available, i.e., 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 in www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What is parallel processing?

    Consistent with EPA regulations found at 40 CFR part 51, Appendix V, section 2.3.1, for purposes of expediting review of a SIP submittal, parallel processing allows a state to submit a plan to EPA prior to actual adoption by the state. Generally, the state submits a copy of the proposed regulation or other revisions to EPA before conducting its public hearing. EPA reviews this proposed state action and prepares a notice of proposed rulemaking. EPA's notice of proposed rulemaking is published in the Federal Register during the same time frame that the state is holding its public process. The state and EPA then provide for concurrent public comment periods on both the state action and federal action.

    If the revision that is finally adopted and submitted by the state is changed in aspects other than those identified in the proposed rulemaking on the parallel process submission, EPA will evaluate those changes and if necessary and appropriate, issue another notice of proposed rulemaking. The final rulemaking action by EPA will occur only after the SIP revision has been adopted by the state and submitted formally to EPA for incorporation into the SIP.

    On April 15, 2015, the State of Kentucky, through Kentucky DAQ, submitted a formal letter request for parallel processing of a draft SIP revision that the Commonwealth was already taking through public comment. Kentucky DAQ requested parallel processing so that EPA could begin to take action on its draft SIP revision in advance of the Commonwealth's submission of the final SIP revision, should that be necessary. As stated above, the final rulemaking action by EPA will occur only after the SIP revision has been: (1) Adopted by Kentucky; (2) submitted formally to EPA for incorporation into the SIP; and (3) evaluated by EPA, including any changes made by the State after the April 15, 2015, draft was submitted to EPA.

    II. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix I of part 50.

    Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS, based on the three most recent years of ambient air quality data at the conclusion of the designation process. The Cincinnati, OH-KY-IN Area was designated nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality data. See 77 FR 30088. At the time of designation, the Cincinnati, OH-KY-IN Area was classified as a marginal nonattainment area for the 2008 8-hour ozone NAAQS. On March 6, 2015, EPA finalized a rule entitled “Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements” (SIP Requirements Rule) that establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour ozone NAAQS.1 See 80 FR 12264. This rule establishes nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA, including an attainment date three years after the July 20, 2012, effective date, for areas classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the attainment date for the Cincinnati, OH-KY-IN Area is July 20, 2015.

    1 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements.

    Based on the nonattainment designation, Kentucky is required to develop a nonattainment SIP revision addressing certain CAA requirements. Specifically, pursuant to CAA section 182(a)(3)(B), Kentucky is required to submit a SIP revision addressing emissions statements requirements.

    Ground level ozone is not emitted directly into the air, but is created by chemical reactions between oxides of nitrogen (NOX) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Section 182(a)(3)(B) of the CAA requires each state with ozone nonattainment areas to submit a SIP revision requiring annual emissions statements to be submitted to the state by the owner or operator of each NOX or VOC stationary source 2 located within a nonattainment area showing the actual emissions of NOX and VOC from that source. The first statement is due three years from the area's nonattainment designation, and subsequent statements are due at least annually thereafter.

    2 A state may waive the emissions statements requirement for any class or category of stationary sources which emit less than 25 tons per year of VOCs or NOX if the state meets the requirements of section 182(a)(3)(B)(ii).

    On April 15, 2015, Kentucky submitted a draft SIP revision, for parallel processing, containing emissions statements requirements related to its portion of the Cincinnati, OH-KY-IN Area. EPA is now taking action to propose approval of this SIP revision as meeting the requirements of section 182(a)(3)(B) of the CAA. More information on EPA's analysis of Kentucky's SIP revision is provided below.

    III. Analysis of the Commonwealth's Submittal

    Kentucky's April 15, 2015, draft submission seeks to include the specific sections of 401 Kentucky Administrative Regulations (KAR) 52.020—Title V permits, 401 KAR 52:030 Federally-enforceable permits for non-major sources, 401 KAR 52:040—State-Origin Permits, and 401 KAR 52:070—Registration of designated sources identified on pages 8 and 9 of its submittal into the SIP to meet the emissions statements requirements of CAA section 182(a)(3)(B). EPA has preliminarily determined that the specific regulatory sections identified on pages 8 and 9 of the SIP submission, collectively, meet the emissions statement requirements of section 182(a)(3)(B) because they require sources that emit 25 tons per year or more of VOCs or NOX within the Kentucky portion of the Area to submit annual certified statements showing actual VOC and NOX emissions.3 Consequently, EPA is proposing to approve the portion of Kentucky's April 15, 2015, draft SIP submission that addresses the emissions statements requirements for the Kentucky portion of the Area.

    3 Kentucky's requirement for an emissions statement program is listed within its permitting regulations. Kentucky does not have a stand-alone regulation addressing the emissions statement requirements of section 182(a)(3)(B).

    IV. Incorporation By Reference

    In this proposed rule, EPA is proposing to finalize regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to finalize the incorporate by reference of 401 KAR 52:020—Title V permits, Section 22 entitled “Annual Emissions Certification”, first sentence only and Section 23 entitled “Certification by Responsible Official”, introductory paragraph text and subsection (4) only; 401 KAR 52:030—Federally-enforceable permits for nonmajor sources, Section 3 entitled “General Provisions”, subsection (4) only, Section 22 entitled “Certification by Responsible Official”, introductory text and subsection (4) only, and Section 25 entitled “Sources Subject to Title V”, subsection (1) introductory text, subsection (1)(c), and subsection (2) introductory text only; 401 KAR 52:040—State-Origin Permits, Section 3 entitled “General Provisions”, subsection (2) introductory text, subsection (2)(c), and subsection (3) only, Section 20 entitled “Annual Emissions Certification for Specified Sources”, subsection (1) only, and Section 21 entitled “Certification by Responsible Official”, introductory text and subsection (4) only; and 401 KAR 52:070—Registration of designated sources, Section 3 entitled “General Provisions”, subsection (2) introductory text, subsection (2)(a)(1), and subsection (2)(a)(2) first sentence only. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the Region 4 EPA office (see the ADDRESSES section of this preamble for more information).

    V. Proposed Action

    EPA is proposing to approve the portion of a draft SIP revision submitted by Kentucky on April 15, 2015, that addresses the CAA section 182(a)(3)(B) emissions statements requirements for the Kentucky portion of the Cincinnati, OH-KY-IN Area. EPA has preliminarily concluded that this portion of the Commonwealth's draft submission meets the requirements of sections 110 and 182 of the CAA.

    VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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, Volatile organic compounds.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: September 10, 2015. Heather McTeer Toney, Regional Administrator, Region 4.
    [FR Doc. 2015-23657 Filed 9-21-15; 8:45 am] BILLING CODE 6560-50-P
    80 183 Tuesday, September 22, 2015 Notices DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation [Docket No. FCIC-15-0005] Notice of Request for Extension of a Currently Approved Information Collection AGENCY:

    Risk Management Agency, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) this notice announces the Risk Management Agency's intention to request an extension for and revision to a currently approved information collection for Risk Management Education and Targeted States Partnerships Program; Request for Applications.

    DATES:

    Written comments on this notice will be accepted until close of business November 23, 2015.

    ADDRESSES:

    RMA prefers that comments be submitted electronically through the Federal eRulemaking Portal. You may submit comments, identified by Docket ID No. FCIC-15-0005, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Deputy Director, Risk Management Education Division, USDA/RMA, 1400 Independence Avenue SW., Stop 0808, Washington, DC 20250-0801.

    All comments received, including those received by mail, will be posted without change to http://www.regulations.gov, including any personal information provided, and can be accessed by the public. All comments must include the agency name and docket number or Regulatory Information Number (RIN) for this rule. For detailed instructions on submitting comments and additional information, see http://www.regulations.gov. If you are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, we ask that it be in a text-based format. If you want to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing RMA to search and copy certain portions of your submissions. For questions regarding attaching a document that is a scanned Adobe PDF file, please contact the RMA Web Content Team at (816) 823-4694 or by email at [email protected]

    Privacy Act: Anyone is able to search the electronic form of all comments received for any dockets by the name of the person submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the complete User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice.

    FOR FURTHER INFORMATION CONTACT:

    Young Kim at (202) 720-1416 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Risk Management Education and Targeted States Partnerships Program.

    OMB Number: 0563-0067.

    Type of Request: Extension of a currently approved information collection.

    Abstract: The Federal Crop Insurance Act directs the Federal Crop Insurance Corporation, operating through RMA, to (a) establish crop insurance education and information programs in States that have been historically underserved by the Federal crop insurance program [7 U.S.C. 1524(a)(2)]; and (b) provide agricultural producers with training opportunities in risk management, with a priority given to producers of specialty crops and underserved commodities [7 U.S.C. 1522(d)(3)(F)]. With this submission, RMA seeks to obtain OMB's approval for an information collection project that will assist RMA in operating and evaluating these programs. The information collection project is a Request for Applications. The primary objective of the information collection projects is to enable RMA to better evaluate the performance capacity and plans of organizations that are applying for funds for cooperative and partnership agreements for risk management education programs and crop insurance education programs in Targeted States.

    Estimate of Burden: The public reporting burden for this collection of information is estimated to average: 16.75 per response for the Risk Management Education Targeted States Partnerships Program for agri-business professionals.

    Respondents/Affected Entities: Agribusiness professionals.

    Estimated Annual Number of Respondents: 250 respondents.

    Estimated Annual Number of Responses: 250 responses or 1 per respondent.

    Estimated Total Annual Burden per Respondents: 4,188 hours.

    Comments are invited on: (1) 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; (2) the accuracy of the agency's estimate of the burden of the proposed collection information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, or other collection technologies, e.g. permitting electronic submission of responses.

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Signed in Washington, DC, on September 14, 2015. Brandon Willis, Manager, Federal Crop Insurance Corporation.
    [FR Doc. 2015-23438 Filed 9-21-15; 8:45 am] BILLING CODE 3410-FA-P
    DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation [Docket No. FCIC-15-0004] Notice of Request for Renewal of a Currently Approved Information Collection AGENCY:

    Federal Crop Insurance Corporation, USDA.

    ACTION:

    Renewal of approval of an information collection; comment request.

    SUMMARY:

    Note: With the renewal of this package, we are changing the title of the current information collection from General Administrative Regulations; Interpretations of Statutory and Regulatory Provisions to Interpretations of Statutory and Regulatory Provisions and Written Interpretations of FCIC Procedures.

    This notice announces a public comment period on the information collection requests (ICRs) associated with the interpretation of statutory and regulatory provisions and written interpretations of FCIC procedures administered by Federal Crop Insurance Corporation (FCIC).

    DATES:

    Written comments on this notice will be accepted until close of business November 23, 2015.

    ADDRESSES:

    FCIC prefers that comments be submitted electronically through the Federal eRulemaking Portal. You may submit comments, identified by Docket ID No. FCIC-15-0004, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, P.O. Box 419205, Kansas City, MO 64133-6205.

    All comments received, including those received by mail, will be posted without change to http://www.regulations.gov, including any personal information provided, and can be accessed by the public. All comments must include the agency name and docket number or Regulatory Information Number (RIN) for this document. For detailed instructions on submitting comments and additional information, see http://www.regulations.gov. If you are submitting comments electronically through the Federal eRulemaking Portal and want to attach a document, we ask that it be in a text-based format. If you want to attach a document that is a scanned Adobe PDF file, it must be scanned as text and not as an image, thus allowing FCIC to search and copy certain portions of your submissions. For questions regarding attaching a document that is a scanned Adobe PDF file, please contact the RMA Web Content Team at (816) 823-4694 or by email at [email protected]

    Privacy Act: Anyone is able to search the electronic form of all comments received for any dockets by the name of the person submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the complete User Notice and Privacy Notice for Regulations.gov at http://www.regulations.gov/#!privacyNotice.

    SUPPLEMENTARY INFORMATION:

    Title: Interpretations of Statutory and Regulatory Provisions and Written Interpretations of FCIC Procedures.

    OMB Number: 0563-0055.

    Expiration Date of Approval: February 29, 2016.

    Type of Request: Extension of a currently approved information collection.

    Abstract: FCIC is proposing to renew the currently approved information collection, OMB Number 0563-0055. It is currently up for renewal and extension for three years. The information collection requirements for this renewal package are necessary for FCIC to provide an interpretation of request for a final agency determination and an interpretation of procedures. This data is used to administer the provisions of 7 CFR part 400, subpart X in accordance with the Federal Crop Insurance Act, as amended.

    We are asking the Office of Management and Budget (OMB) to extend its approval of our use of this information collection activity for an additional 3 years.

    The purpose of this notice is to solicit comments from the public concerning this information collection activity. These comments will help us:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses.

    Estimate of Burden: The public reporting burden for this collection of information is estimated to average 8 hours per response.

    Respondents/Affected Entities: Parties affected by the information collection requirements included in this Notice are any producer (including their legal counsel) with a valid crop insurance policy and approved insurance provider (agents, loss adjusters, employees, contractors or legal counsel) with agreement with FCIC.

    Estimated Annual Number of Respondents: 32.

    Estimated Annual Number of Responses per Respondent: 1.

    Estimated Annual Number of Responses: 32.

    Estimated Total Annual Burden Hours on Respondents: 256.

    Comments are invited on: (1) 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; (2) the accuracy of the agency's estimate of the burden of the proposed collection information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, or other collection technologies, e.g. permitting electronic submission of responses.

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Signed in Washington, DC, on September 14, 2015. Brandon Willis, Manager, Federal Crop Insurance Corporation.
    [FR Doc. 2015-23440 Filed 9-21-15; 8:45 am] BILLING CODE 3410-08-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Kansas Advisory Committee To Plan for a Public Hearing Regarding Civil Rights and Voting Requirements in the State; the Discussion Will Include Approving an Agenda of Speakers, and Logistical Setup for the Event AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Kansas Advisory Committee (Committee) will hold a meeting on Tuesday, October 27, 2015, at 12:00 p.m. CDT for the purpose of discussing preparations for an upcoming hearing on voting rights in the State.

    This meeting is available to the public through the following toll-free call-in number: 888-539-3678, conference ID: 5855935. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are invited and welcomed to make statements at the end of the conference call. In addition, members of the public may submit written comments; the comments must be received in the regional office within 30 days after the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Administrative Assistant, Corrine Sanders at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https://database.faca.gov/committee/meetings.aspx?cid=249 and clicking on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda
    Welcome and Introductions Elizabeth Kronk Warner, Chair Preparatory Discussion for Public Hearing on Voting Rights in Kansas Kansas Advisory Committee Open Comment Public Participation Adjournment DATES:

    The meeting will be held on Tuesday, October 27, 2015, at 12:00 p.m. CDT.

    Public Call Information:

    Dial: 888-539-3678 Conference ID: 8588935 FOR FURTHER INFORMATION CONTACT:

    Melissa Wojnaroski, DFO, at 312-353-8311 or [email protected].

    Dated September 16, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-23979 Filed 9-21-15; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Indiana Advisory Committee To Review and Vote for Approval of a Project Proposal To Study Civil Rights and the School to Prison Pipeline in Indiana AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Indiana Advisory Committee (Committee) will hold a meeting on Wednesday, October 14, 2015, at 3:00 p.m. EDT for the purpose of reviewing, and voting on the approval of a project proposal to study Civil Rights and the School to Prison Pipeline in Indiana. The Committee will also begin preparations for a related public hearing as appropriate.

    Members of the public may listen to the discussion. This meeting is available to the public through the following toll-free call-in number: 888-572-7034, conference ID: 725625. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Member of the public are also invited to make statements during the scheduled open comment period. In addition, members of the public may submit written comments; the comments must be received in the regional office within 30 days after the Committee meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Administrative Assistant, Carolyn Allen at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https://database.faca.gov/committee/meetings.aspx?cid=247 and clicking on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda:

    Welcome and Introductions Review and Vote on Approval of Project Proposal “Civil Rights and the School to Prison Pipeline in Indiana” Preparatory Discussion Regarding Public Hearing
    Agenda of Panelists Location Date and Time Schedule of Events Open Comment Adjournment DATES:

    The meeting will be held on Wednesday October 14, 2015, at 3:00 p.m. EDT.

    Public Call Information:

    Dial: 888-572-7034 Conference ID: 725625 FOR FURTHER INFORMATION CONTACT:

    Melissa Wojnaroski, DFO, at 312-353-8311 or [email protected]

    Dated: September 16, 2015. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2015-23980 Filed 9-21-15; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Bureau of the Census Census Advisory Committee Meeting AGENCY:

    Bureau of the Census, Department of Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Bureau of the Census (Census Bureau) is giving notice of a meeting of the National Advisory Committee on Racial, Ethnic and Other Populations (NAC). The NAC meeting will address the facilitator guide for tribal consultations. The NAC will meet via teleconference on October 13, 2015. Last-minute changes to the schedule are possible, which could prevent us from giving advance public notice of schedule adjustments. Please visit the Census Advisory Committees Web site for the most current meeting agenda at: http://www.census.gov/cac/.

    DATES:

    October 13, 2015. The meeting will begin at approximately 2 p.m. and end at approximately 4 p.m.

    ADDRESSES:

    The meeting will be held via teleconference. To attend, participants should call the following phone number: 1-877-973-5204. When prompted, please use the following password: 1733620.

    FOR FURTHER INFORMATION CONTACT:

    Kim Collier, Assistant Division Chief for Stakeholders, Customer Liaison and Marketing Services Office, [email protected], Department of Commerce, U.S. Census Bureau, Room 8H185, 4600 Silver Hill Road, Washington, DC 20233, telephone 301-763-6590. For TTY callers, please use the Federal Relay Service 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    The NAC comprises up to thirty-two members. The Committee provides an organized and continuing channel of communication between race, ethnic, and other populations and the Census Bureau. The Committee advises the Director of the Census Bureau on the full range of economic, housing, demographic, socioeconomic, linguistic, technological, methodological, geographic, behavioral and operational variables affecting the cost, accuracy and implementation of Census Bureau programs and surveys, including the decennial census.

    The Committee is established in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10(a)(b)).

    All meetings are open to the public. A brief period will be set aside at the meeting for public comment on October 13. However, individuals with extensive questions or statements must submit them in writing to: [email protected] (subject line “October 13, 2015 NAC Teleconference Public Comment”), or by letter submission to the Committee Liaison Officer, October 13, 2015, NAC Teleconference, Department of Commerce, U.S. Census Bureau, Room 8H185, 4600 Silver Hill Road, Washington, DC 20233.

    Dated: September 16, 2015. John H. Thompson, Director, Bureau of the Census.
    [FR Doc. 2015-24070 Filed 9-21-15; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, Department of Commerce.

    ACTION:

    Notice and opportunity for public comment.

    Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 et seq.), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    List of Petitions Received by EDA for Certification Eligibility To Apply for Trade Adjustment Assistance [9/16/2015 through 9/16/2015] Firm name Firm address Date accepted for investigation Product(s) Rex Plastics, Inc 12515 Northeast, 95th Street, Vancouver, WA 98682 9/16/2015 The firm manufactures plastic molded products. OmegaNet, Inc 2056 West Park Place Boulevard, Suite H, Stone Mountain, GA 30087 9/16/2015 The service firm provides web site design, development and industry specific web development software. Bracalente Manufacturing 20 West Creamery Road, Trumbauersville, PA 18970 9/16/2015 The firm manufactures aluminum alloy profiles and components for aerospace, agriculture, automotive, and electronics industries. Rochester Precision Machine, Inc 1016 Chester Avenue Southeast, Rochester, MN 55904 9/15/2015 The firm manufactures precision machined metal components such as brackets, cylinders, housings and rotors. Brookville Equipment Corporation 175 Evans Street, Brookville, PA 15825 9/16/2015 The firm manufactures rail mounted haulage and transportation equipment.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Dated: September 16, 2015. Michael S. DeVillo, Eligibility Examiner.
    [FR Doc. 2015-24009 Filed 9-21-15; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-002] Chloropicrin From the People's Republic of China: Continuation of Antidumping Duty Order AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    As a result of the determinations by the Department of Commerce (the “Department”) and the International Trade Commission (the “ITC”) that revocation of the antidumping duty order on chloropicrin from the People's Republic of China (“PRC”) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the antidumping duty order.

    DATES:

    Effective date: September 22, 2015.

    FOR FURTHER INFORMATION:

    Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5193.

    SUPPLEMENTARY INFORMATION: Background

    On April 1, 2015, the Department initiated 1 and the ITC instituted 2 a five-year (sunset) review of the antidumping duty order on chloropicrin from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”). The Department conducted an expedited sunset review of this order. As a result of its review, the Department determined that revocation of the antidumping duty order on chloropicrin from the PRC would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the dumping margins likely to prevail should the order be revoked.3 On September 8, 2015, the ITC published its determination, pursuant to sections 751(c) and 752 of the Act, that revocation of the antidumping duty order on chloropicrin from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4

    1See Initiation of Five-year (“Sunset”) Review, 80 FR 17388 (April 1, 2015).

    2See Chloropicrin From China; Institution of a Five-Year Review, 80 FR 17496 (April 1, 2015).

    3See Chloropicrin From the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 80 FR 47467 (August 07, 2015).

    4See Chloropicrin from China; Determinations, 80 FR 53888 (September 8, 2015).

    Scope of the Order

    The merchandise subject to the antidumping duty order is chloropicrin, also known as trichloronitromethane. A major use of the product is as a pre-plant soil fumigant (pesticide). Such merchandise is currently classifiable under Harmonized Tariff Schedule (“HTS”) item number 2904.90.50.05.5 The HTS item number is provided for convenience and customs purposes. The written description remains dispositive.

    5 In 2004, a new HTS category was developed and identified specifically for imports of chloropicrin, i.e., 2904.90.50.05. Previously, the HTS category that included chloropicrin was 2904.90.50.

    Continuation of the Order

    As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on chloropicrin from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise.

    The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation of the order.

    This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: September 15, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-24095 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-895 ] Certain Crepe Paper Products From the People's Republic of China: Continuation of Antidumping Duty Order AGENCY:

    Import Administration, International Trade Administration, Department of Commerce.

    SUMMARY:

    As a result of the determinations by the Department of Commerce (“the Department”) and the International Trade Commission (“ITC”) that revocation of the antidumping duty order on certain crepe paper products from the People's Republic of China (“PRC”) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

    DATES:

    Effective date: September 22, 2015.

    FOR FURTHER INFORMATION:

    Javier Barrientos, AD/CVD Operations, Office V, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2243.

    SUPPLEMENTARY INFORMATION: Background

    On April 1, 2015, the Department initiated a sunset review of the antidumping duty order on certain crepe paper products from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (“the Act”).1 As a result of its review, the Department determined that revocation of the antidumping duty order on certain crepe paper products from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked.2 On September 8, 2015, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on certain crepe paper products from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3

    Scope of the Order

    1See Initiation of Five-Year (“Sunset”) Review, 80 FR 17388 (April 1, 2015).

    2See Certain Crepe Paper Products From the People's Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 80 FR 46954 (August 6, 2015).

    3See Crepe Paper from China: Determination, 80 FR 53888 (September 8, 2015); see also Crepe Products from China: Investigation No. 731-TA-1070A USITC Publication 4560 (August 2015).

    For purposes of the order, the term “certain crepe paper” includes crepe paper products that have a basis weight not exceeding 29 grams per square meter prior to being creped and, if appropriate, flame-proofed. Crepe paper has a finely wrinkled surface texture and typically but not exclusively is treated to be flame-retardant. Crepe paper is typically but not exclusively produced as streamers in roll form and packaged in plastic bags. Crepe paper may or may not be bleached, dye colored, surface-colored, surface decorated or printed, glazed, sequined, embossed, die-cut, and/or flame retardant. Subject crepe paper may be rolled, flat or folded, and may be packaged by banding or wrapping with paper, by placing in plastic bags, and/or by placing in boxes for distribution and use by the ultimate consumer. Packages of crepe paper subject to this order may consist solely of crepe paper of one color and/or style, or may contain multiple colors and/or styles. The merchandise subject to this order does not have specific classification numbers assigned to them under the Harmonized Tariff Schedule of the United States (“HTSUS”). Subject merchandise may be under one or more of several different HTSUS subheadings, including: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 4808.90; 4811.90; 4818.90; 4823.90; 9505.90.40. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of this order is dispositive.

    Continuation of the Order

    As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on certain crepe paper products from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation.

    This five-year (“sunset”) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act.

    Dated: September 11, 2015. Paul Piquado, Assistant Secretary for Import Administration.
    [FR Doc. 2015-24038 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture From the People's Republic of China: Final Results of Changed Circumstances Review, and Revocation of Antidumping Duty Order, in Part AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On August 11, 2015, the Department of Commerce (the “Department”) published its Preliminary Results of a changed circumstances review (CCR) and intent to revoke, in part, the antidumping duty (“AD”) order on wooden bedroom furniture from the People's Republic of China (“PRC”) 1 with respect to certain jewelry armoires.2 The Department preliminarily determined that the producers accounting for substantially all of the production of the domestic like product to which the Order pertains lacked interest in the relief provided by the Order with respect to certain jewelry armoires with at least one front door. We invited interested parties to comment on the Preliminary Results. No party submitted comments. For the final results, the Department is revoking, in part, the Order as to certain jewelry armoires with at least one front door.

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture From the People's Republic of China, 70 FR 329 (January 4, 2005) (“Order”).

    2See Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of Changed Circumstances Review, and Intent To Revoke Antidumping Duty Order in Part, 80 FR 48075 (August 11, 2015) (“Preliminary Results”).

    DATES:

    Effective date: September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Cara Lofaro or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5720 or (202) 482-5193, respectively.

    Background

    On January 4, 2005, the Department published the Order in the Federal Register. On February 13, 2015, the Department received a request on behalf of Pier 1 Imports (U.S.), Inc. (“Pier One”) for a CCR to revoke, in part, the Order with respect to jewelry armoires with at least one front door.3 On April 2, 2015, the Department published the Initiation Notice for the requested CCR in the Federal Register.4 On August 11, 2015, the Department published the Preliminary Results of this CCR in which it found that producers accounting for substantially all of the production of the domestic like product lack interest in the relief afforded by the Order with respect to certain jewelry armoires that have at least one front door as described in Pier One's Request.5 The Department invited interested parties to submit comments on the Preliminary Results in accordance with 19 CFR 351.309(c)(1)(ii). We received no comments.

    3See Submission from Pier One, “Wooden Bedroom Furniture From the People's Republic of China; Request for a Changed Circumstance Review as to Certain Additional Jewelry Armoires,” dated February 13, 2015 (“Pier One's Request”).

    4See Wooden Bedroom Furniture from the People's Republic of China: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Duty Order in Part, 80 FR 17719 (April 2, 2015) (“Initiation Notice”).

    5See Preliminary Results.

    Final Results of Changed Circumstances Review, and Revocation of the Order, in Part

    Because no party submitted comments opposing the Department's Preliminary Results, and the record contains no other information or evidence that calls into question the Preliminary Results, the Department determines pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended (the “Act”), and 19 CFR 351.222(g), that there are changed circumstances that warrant revocation of the Order, in part. Specifically, because the producers accounting for substantially all of the production of the domestic like product to which the Order pertains, lack interest in the relief provided by the Order with respect to the following type of jewelry armoire, we are revoking the Order, in part with respect to any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24 inches in width, 18 inches in depth, and 49 inches in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side door or one front door (whether or not the door is lined with felt or felt-like material), with necklace hangers, and a flip-top lid with inset mirror. The scope description below includes this exclusion language.

    Scope of the Order

    The product covered by the order is wooden bedroom furniture. Wooden bedroom furniture is generally, but not exclusively, designed, manufactured, and offered for sale in coordinated groups, or bedrooms, in which all of the individual pieces are of approximately the same style and approximately the same material and/or finish. The subject merchandise is made substantially of wood products, including both solid wood and also engineered wood products made from wood particles, fibers, or other wooden materials such as plywood, strand board, particle board, and fiberboard, with or without wood veneers, wood overlays, or laminates, with or without non-wood components or trim such as metal, marble, leather, glass, plastic, or other resins, and whether or not assembled, completed, or finished.

    The subject merchandise includes the following items: (1) Wooden beds such as loft beds, bunk beds, and other beds; (2) wooden headboards for beds (whether stand-alone or attached to side rails), wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds; (3) night tables, night stands, dressers, commodes, bureaus, mule chests, gentlemen's chests, bachelor's chests, lingerie chests, wardrobes, vanities, chessers, chifforobes, and wardrobe-type cabinets; (4) dressers with framed glass mirrors that are attached to, incorporated in, sit on, or hang over the dresser; (5) chests-on-chests,6 highboys,7 lowboys,8 chests of drawers,9 chests,10 door chests,11 chiffoniers,12 hutches,13 and armoires; 14 (6) desks, computer stands, filing cabinets, book cases, or writing tables that are attached to or incorporated in the subject merchandise; and (7) other bedroom furniture consistent with the above list.

    6 A chest-on-chest is typically a tall chest-of-drawers in two or more sections (or appearing to be in two or more sections), with one or two sections mounted (or appearing to be mounted) on a slightly larger chest; also known as a tallboy.

    7 A highboy is typically a tall chest of drawers usually composed of a base and a top section with drawers, and supported on four legs or a small chest (often 15 inches or more in height).

    8 A lowboy is typically a short chest of drawers, not more than four feet high, normally set on short legs.

    9 A chest of drawers is typically a case containing drawers for storing clothing.

    10 A chest is typically a case piece taller than it is wide featuring a series of drawers and with or without one or more doors for storing clothing. The piece can either include drawers or be designed as a large box incorporating a lid.

    11 A door chest is typically a chest with hinged doors to store clothing, whether or not containing drawers. The piece may also include shelves for televisions and other entertainment electronics.

    12 A chiffonier is typically a tall and narrow chest of drawers normally used for storing undergarments and lingerie, often with mirror(s) attached.

    13 A hutch is typically an open case of furniture with shelves that typically sits on another piece of furniture and provides storage for clothes.

    14 An armoire is typically a tall cabinet or wardrobe (typically 50 inches or taller), with doors, and with one or more drawers (either exterior below or above the doors or interior behind the doors), shelves, and/or garment rods or other apparatus for storing clothes. Bedroom armoires may also be used to hold television receivers and/or other audio-visual entertainment systems.

    The scope of the order excludes the following items: (1) seats, chairs, benches, couches, sofas, sofa beds, stools, and other seating furniture; (2) mattresses, mattress supports (including box springs), infant cribs, water beds, and futon frames; (3) office furniture, such as desks, stand-up desks, computer cabinets, filing cabinets, credenzas, and bookcases; (4) dining room or kitchen furniture such as dining tables, chairs, servers, sideboards, buffets, corner cabinets, china cabinets, and china hutches; (5) other non-bedroom furniture, such as television cabinets, cocktail tables, end tables, occasional tables, wall systems, book cases, and entertainment systems; (6) bedroom furniture made primarily of wicker, cane, osier, bamboo or rattan; (7) side rails for beds made of metal if sold separately from the headboard and footboard; (8) bedroom furniture in which bentwood parts predominate; 15 (9) jewelry armories; 16 (10) cheval mirrors; 17 (11) certain metal parts; 18 (12) mirrors that do not attach to, incorporate in, sit on, or hang over a dresser if they are not designed and marketed to be sold in conjunction with a dresser as part of a dresser-mirror set; (13) upholstered beds; 19 and (14) toy boxes.20 Also excluded from the scope are certain enclosable wall bed units, also referred to as murphy beds, which are composed of the following three major sections: (1) a metal wall frame, which attaches to the wall and uses coils or pistons to support the metal mattress frame; (2) a metal frame, which has euro slats for supporting a mattress and two legs that pivot; and (3) wood panels, which attach to the metal wall frame and/or the metal mattress frame to form a cabinet to enclose the wall bed when not in use. Excluded enclosable wall bed units are imported in ready-to-assemble format with all parts necessary for assembly. Enclosable wall bed units do not include a mattress. Wood panels of enclosable wall bed units, when imported separately, remain subject to the order.

    15 As used herein, bentwood means solid wood made pliable. Bentwood is wood that is brought to a curved shape by bending it while made pliable with moist heat or other agency and then set by cooling or drying. See CBP's Headquarters Ruling Letter 043859, dated May 17, 1976.

    16 Any armoire, cabinet or other accent item for the purpose of storing jewelry, not to exceed 24 inches in width, 18 inches in depth, and 49 inches in height, including a minimum of 5 lined drawers lined with felt or felt-like material, at least one side door or one front door (whether or not the door is lined with felt or felt-like material), with necklace hangers, and a flip-top lid with inset mirror. See Issues and Decision Memorandum from Laurel LaCivita to Laurie Parkhill, Office Director, concerning “Jewelry Armoires and Cheval Mirrors in the Antidumping Duty Investigation of Wooden Bedroom Furniture from the People's Republic of China,” dated August 31, 2004. See also Wooden Bedroom Furniture F rom the People' s Republic of China: Final Changed Circumstances Review, and Determination To Revo ke Order in Part, 71 FR 38621 (July 7, 2006).

    17 Cheval mirrors are any framed, tiltable mirror with a height in excess of 50 inches that is mounted on a floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval mirror/jewelry cabinets. The excluded merchandise is an integrated piece consisting of a cheval mirror, i.e., a framed tiltable mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged base, the cheval mirror serving as a door to a cabinet back that is integral to the structure of the mirror and which constitutes a jewelry cabinet line with fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or without a working lock and key to secure the contents of the jewelry cabinet back to the cheval mirror, and no drawers anywhere on the integrated piece. The fully assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. See Wooden Bedroom Furniture From the People' s Republic of China: Final Changed Circumstances Review and Determination T o Revoke Order in Part, 72 FR 948 (January 9, 2007).

    18 Metal furniture parts and unfinished furniture parts made of wood products (as defined above) that are not otherwise specifically named in this scope (i.e., wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds) and that do not possess the essential character of wooden bedroom furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified under HTSUS subheadings 9403.90.7005, 9403.90.7010, or 9403.90.7080.

    19 Upholstered beds that are completely upholstered, i.e., containing filling material and completely covered in sewn genuine leather, synthetic leather, or natural or synthetic decorative fabric. To be excluded, the entire bed (headboards, footboards, and side rails) must be upholstered except for bed feet, which may be of wood, metal, or any other material and which are no more than nine inches in height from the floor. See Wooden Bedroom Furniture from the People' s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 72 FR 7013 (February 14, 2007).

    20 To be excluded the toy box must: (1) be wider than it is tall; (2) have dimensions within 16 inches to 27 inches in height, 15 inches to 18 inches in depth, and 21 inches to 30 inches in width; (3) have a hinged lid that encompasses the entire top of the box; (4) not incorporate any doors or drawers; (5) have slow-closing safety hinges; (6) have air vents; (7) have no locking mechanism; and (8) comply with American Society for Testing and Materials (“ASTM”) standard F963-03. Toy boxes are boxes generally designed for the purpose of storing children's items such as toys, books, and playthings. See Wooden Bedroom Furniture from the People' s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 74 FR 8506 (February 25, 2009). Further, as determined in the scope ruling memorandum “Wooden Bedroom Furniture from the People's Republic of China: Scope Ruling on a White Toy Box,” dated July 6, 2009, the dimensional ranges used to identify the toy boxes that are excluded from the wooden bedroom furniture order apply to the box itself rather than the lid.

    Also excluded from the scope are certain shoe cabinets 31.5-33.5 inches wide by 15.5-17.5 inches deep by 34.5-36.5 inches high. They are designed strictly to store shoes, which are intended to be aligned in rows perpendicular to the wall along which the cabinet is positioned. Shoe cabinets do not have drawers, rods, or other indicia for the storage of clothing other than shoes. The cabinets are not designed, manufactured, or offered for sale in coordinated groups or sets and are made substantially of wood, have two to four shelves inside them, and are covered by doors. The doors often have blinds that are designed to allow air circulation and release of bad odors. The doors themselves may be made of wood or glass. The depth of the shelves does not exceed 14 inches. Each shoe cabinet has doors, adjustable shelving, and ventilation holes.

    Imports of subject merchandise are classified under subheadings 9403.50.9042 and 9403.50.9045 of the HTSUS as “wooden . . . beds” and under subheading 9403.50.9080 of the HTSUS as “other . . . wooden furniture of a kind used in the bedroom.” In addition, wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds may also be entered under subheading 9403.50.9042 or 9403.50.9045 of the HTSUS as “parts of wood.” Subject merchandise may also be entered under subheadings 9403.50.9041, 9403.60.8081, 9403.20.0018, or 9403.90.8041. Further, framed glass mirrors may be entered under subheading 7009.92.1000 or 7009.92.5000 of the HTSUS as “glass mirrors . . . framed.” The order covers all wooden bedroom furniture meeting the above description, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive.

    Instructions to U.S. Customs and Border Protection

    Because we determine that there are changed circumstances that warrant the revocation of the Order, in part, we will instruct U.S. Customs and Border Protection (“CBP”) to liquidate without regard to antidumping duties, and to refund any estimated antidumping duties on, all unliquidated entries of the merchandise covered by this revocation that are not covered by the final results of an administrative review or automatic liquidation.

    Notification

    This notice serves as a reminder to parties subject to an administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation.

    We are issuing and publishing these final results and revocation, in part, and notice in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: September 14, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-24090 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism Advisory Board AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an Open Meeting.

    SUMMARY:

    The United States Travel and Tourism Advisory Board (Board) will hold an open meeting held via teleconference on Tuesday, October 6, 2015. The Board was re-chartered in August 2015, to advise the Secretary of Commerce on matters relating to the U.S. travel and tourism industry.

    The purpose of the meeting is for Board members to review and deliberate on recommendations developed by the Infrastructure subcommittee looking at the Department of Transportation's “Beyond Traffic 2045” report. The agenda may change to accommodate Board business. The final agenda will be posted on the Department of Commerce Web site for the Board at http://trade.gov/ttab, at least one week in advance of the meeting.

    DATES:

    Tuesday, October 6, 2015, 4:00 p.m.-5:00 p.m. The deadline for members of the public to register, including requests to make comments during the meetings and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5 p.m. EDT on September 29, 2015.

    ADDRESSES:

    The meeting will be held by conference call. The call-in number and passcode will be provided by email to registrants. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted to: U.S. Travel and Tourism Advisory Board, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, [email protected] Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt.

    FOR FURTHER INFORMATION CONTACT:

    Archana Sahgal, the United States Travel and Tourism Advisory Board, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202-482-4501, email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    The Board advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry.

    Public Participation

    The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may be impossible to fill. There will be fifteen (15) minutes allotted for oral comments from members of the public joining the call. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name and address of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a written copy of their prepared remarks by 5:00 p.m. on Tuesday, September 29, 2015, for inclusion in the meeting records and for circulation to the members of the Travel and Tourism Advisory Board.

    In addition, any member of the public may submit pertinent written comments concerning the Board's affairs at any time before or after the meeting. Comments may be submitted to Archana Sahgal at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5:00 p.m. EDT on September 29, 2015, to ensure transmission to the Board prior to the meeting. Comments received after that date and time will be distributed to the members but may not be considered on the call. Copies of Board meeting minutes will be available within 90 days of the meeting.

    Dated: September 17, 2015. Archana Sahgal, Executive Secretary, United States Travel and Tourism Advisory Board.
    [FR Doc. 2015-24072 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-549-502] Circular Welded Carbon Steel Pipes and Tubes From Thailand: Rescission of Antidumping Duty Administrative Review; 2015 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    DATES:

    Effective date: September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Alexander Cipolla or Nicholas Czajkowski, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4956 and (202) 482-1395, respectively.

    Background

    On March 2, 2015, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty (AD) order on circular welded carbon steel pipes and tubes from Thailand covering the period of review (POR) of March 1, 2014, through February 28, 2015.1 The Department received a timely request for review of Saha Thai Steel Pipe (Public) Company, Ltd. (Saha Thai).2 The Department published a notice initiating an administrative review of the AD order on circular welded carbon steel pipes and tubes from Thailand with respect to Saha Thai.3 On April 28, 2015, Saha Thai timely withdrew its request for review.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 80 FR 11161 (March 2, 2015).

    2See Letter to the Department from Saha Thai “Circular Welded Carbon Steel Pipes and Tubes from Thailand, (A-549-502)—Request for Administrative Review for POR 2014-2015,” dated March 31, 2015.

    3See Initiation of Antidumping and Countervailing Duty Administrative, 80 FR 24233 (April 30, 2015).

    4See Letter to the Department from Saha Thai “Circular Welded Carbon Steel Pipes and Tubes from Thailand (A-549-502)—Withdrawal of Request for Administrative Review for POR 2014-2015” dated April 28, 2015.

    Rescission

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested the review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Saha Thai withdrew its request for review within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of circular welded carbon steel pipes and tubes from Thailand. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties

    This notice also serves as a final reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: September 15, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-24057 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration President's Advisory Council on Doing Business In Africa: Meeting of the President's Advisory Council on Doing Business in Africa AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an Open Meeting.

    SUMMARY:

    The President's Advisory Council on Doing Business in Africa (Council) will hold a meeting to deliberate on recommendations related to strengthening commercial engagement between the United States and Africa. Topics may include: infrastructure development, energy and power, health system strengthening, regional cooperation, agricultural value chain, training, entrepreneurship, and women in business. The final agenda will be posted at least one week in advance of the meeting on the Council's Web site at http://trade.gov/pac-dbia.

    DATES:

    October 14, 2015 at 9:30 a.m. (ET).

    ADDRESSES:

    The President's Advisory Council on Doing Business in Africa meeting will be broadcast via live webcast on the Internet at http://whitehouse.gov/live.

    FOR FURTHER INFORMATION CONTACT:

    Tricia Van Orden, Executive Secretary, President's Advisory Council on Doing Business in Africa, Room 4043, 1401 Constitution Avenue NW., Washington, DC, 20230, telephone: 202-482-5876, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: President Barack Obama directed the Secretary of Commerce to establish the President's Advisory Council on Doing Business in Africa by Executive Order No. 13675 dated August 5, 2014. The Council was established by Charter on November 3, 2014, to advise the President, through the Secretary of Commerce, on strengthening commercial engagement between the United States and Africa, with a focus on advancing the President's Doing Business in Africa Campaign as described in the U.S. Strategy Toward Sub-Saharan Africa of June 14, 2012. This Council is established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App.

    Public Submissions: The public is invited to submit written statements to the President's Advisory Council on Doing Business in Africa. Statements must be received by COB October 9, 2015, by either of the following methods:

    a. Electronic Submissions

    Submit statements electronically to Tricia Van Orden, Executive Secretary, President's Advisory Council on Doing Business in Africa, via email: [email protected]

    b. Paper Submissions

    Send paper statements to Tricia Van Orden, Executive Secretary, President's Advisory Council on Doing Business in Africa, Room 4043, 1401 Constitution Avenue NW., Washington, DC, 20230.

    Statements will be provided to the members in advance of the meeting for consideration and also will be posted on the President's Advisory Council on Doing Business in Africa Web site (http://trade.gov/pac-dbia) without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make publicly available.

    Meeting minutes: Copies of the Council's meeting minutes will be available within ninety (90) days of the meeting on the Council's Web site at http://trade.gov/pac-dbia.

    Dated: September 17, 2015. Tricia Van Orden, Executive Secretary, President's Advisory Council on Doing Business in Africa.
    [FR Doc. 2015-24079 Filed 9-21-15; 8:45 am] BILLING CODE 3510-DR-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION Notice of Availability of Translated Consumer Information Booklet AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Bureau of Consumer Financial Protection (Bureau) announces the availability of a Spanish-language translation of a consumer publication, the Home Buying Information Booklet, also known as the Special Information Booklet or the Settlement Cost Booklet, required under the Real Estate Settlement Procedures Act (RESPA), Regulation X, and Regulation Z. The title of this publication is Su conjunto de herramientas para préstamos hipotecarios: Guía paso a paso (English title: Your home loan toolkit: a step-by-step guide).

    ADDRESSES:

    The Spanish translation of the consumer publication is available for download on the Bureau's Web site at www.consumerfinance.gov/learnmore and can also be found in the Catalog of U.S. Government Publications (http://catalog.thefederalregister.org), maintained by Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402.

    FOR FURTHER INFORMATION CONTACT:

    Julie Vore, Originations Analyst, Office of Mortgage Markets; or David Friend, Counsel, Office of Regulations; [email protected] or (202) 435-7700.

    SUPPLEMENTARY INFORMATION:

    The Bureau is publishing this notice of availability to inform the public of a Spanish-language translation of the recently revised Home Buying Information Booklet (Booklet). Background and contents of the Booklet were provided in the Notice of availability of the English-language version of the Booklet in 80 FR 17414, on April 1, 2015.

    Distribution and Use of the Translated Toolkit

    The Bureau views this Booklet as part of the Bureau's broader mission to educate consumers about consumer financial products. The Booklet was revised to, among other things, improve its readability and usability and link to the Bureau's Web site for tools and resources that consumers can use to make better-informed decisions about homeownership. Pursuant to 12 CFR 1026.19(g)(2), creditors may not make changes to, deletions from, or additions to the Booklet, other than certain types of changes to the cover page.

    Under 12 U.S.C. 2604(a), the Bureau is required to prepare a booklet to help consumers applying for federally related mortgage loans to understand the nature and costs of real estate settlement services. Under 12 U.S.C. 2604(d) and 12 CFR 1024.6(d) and 1026.19(g), each lender is required to provide the Booklet to each person from whom it receives an application for certain mortgage loans. The statute and regulations require the lender to deliver the Booklet or place it in the mail not later than three business days after the lender receives an application. Lenders are required to provide the Booklet in the version that is most appropriate for the person receiving it. 12 U.S.C. 2604(d). Just as with the revised English-language version announced on March 31, 2015, the Spanish-language version of the Booklet has been designed to help consumers make better-informed decisions about homeownership and understand the nature and costs of real estate settlement services. The Bureau encourages all mortgage market participants (including real estate agents, homeownership counselors, and mortgage brokers, for example) to provide the Booklet to consumers at any time, preferably as early in the home- or mortgage-shopping process as possible.

    Those who provide the Booklet should be aware that both the revised English and Spanish-language versions include information on the new Loan Estimate and Closing Disclosure that generally is required to be provided to consumers for applications for federally related mortgage loans that are received on or after October 3, 2015. Accordingly, the Bureau believes that the English and Spanish versions of the Booklet, entitled Your home loan toolkit: A step-by-step guide or Su conjunto de herramientas para préstamos hipotecarios: Guía paso a paso, respectively, should be used only after that date.

    The Bureau also announces that it has fixed a typographical error in the “small” English-language version of the Booklet. This error was nonsubstantive: A duplicate sentence located on page 44. The corrected version is now available on the Bureau's Web site as well as in the Catalog of U.S. Government Publications.

    Dated: September 14, 2015. Richard Cordray, Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-24031 Filed 9-21-15; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Air Force US Air Force Partially Patent License AGENCY:

    Air Force Research Laboratory Information Directorate, Rome, New York, Department of the Air Force.

    ACTION:

    Notice of intent to issue a partially exclusive patent license.

    SUMMARY:

    Pursuant to the provisions of part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces its intention to grant Exelis Inc., a wholly owned subsidiary of Harris Corporation, Mission Sustainment Division, a corporation of Indiana, having a place of business at 474 Phoenix Drive, Rome, New York 13441, a partially exclusive license in any right, title and interest the United States Air Force has in: U.S. Patent No. 8,732,100, issued on May 20th, 2014 entitled “Method and Apparatus for Event Detection Permitting Per Event Adjustment of False Alarm Rate.”

    FOR FURTHER INFORMATION CONTACT:

    An exclusive license for this patent will be granted unless a written objection is received within fifteen (15) days from the date of publication of this Notice. Written objections should be sent to: Air Force Research Laboratory, Office of the Staff Judge Advocate, AFRL/RIJ, 26 Electronic Parkway, Rome, New York 13441-4514. Telephone: (315) 330-2087; Facsimile (315) 330-7583.

    Henry Williams, Acting, Air Force Federal Register Liaison Officer.
    [FR Doc. 2015-23989 Filed 9-21-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF DEFENSE Department of the Air Force Notice of Intent To Prepare an Environmental Impact Statement on the Proposal To Improve F-22 Operational Efficiency at Joint Base Elmendorf-Richardson, Alaska AGENCY:

    United States Air Force, Pacific Air Forces.

    ACTION:

    Notice of intent.

    SUMMARY:

    Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and Air Force policy and procedures (32 CFR part 989), the Air Force is issuing this notice to advise the public of the intent to prepare an Environmental Impact Statement (EIS) for proposed F-22 operational efficiency improvements at Joint Base Elmendorf-Richardson (JBER).

    The proposed action is to improve F-22 operational efficiency; there is no proposed change in the number of aircraft at JBER nor in the ongoing military training in existing Alaska training airspace. Six alternatives that have been initially identified include changes in runway use and/or airfield infrastructure and maintenance. The EIS will address potential impacts resulting from implementation of the alternatives. The No Action Alternative is the runway use conditions from the F-22 Plus-Up Environmental Assessment (EA) and Finding of No Significant Impacts (FONSI) published, June 2011.

    Scoping: In order to define the full range of issues to be evaluated in the EIS, the Air Force will determine the scope of the analysis by soliciting comments from interested local, state and federal elected officials and agencies, as well as interested members of the public. This NOI also serves to provide early notice of compliance with Executive Order (EO) 11990, “Protection of Wetlands” and EO 11988, “Floodplain Management.” State and federal regulatory agencies with special expertise in wetlands and floodplains have been contacted to request comment. The Air Force plans to use the NEPA scoping process to also fulfill the requirements of the NHPA Section 106 implementing regulations by seeking public input on historic preservation issues and concerns.

    The scoping meeting will be held Wednesday, October 14, 2015, from 6:00 p.m. to 8:30 p.m. ADT, at Tyson Elementary School, 2801 Richmond Avenue, Anchorage, Alaska.

    Public scoping comments will be accepted in writing at the scoping meetings. Additional scoping comments will be accepted at any time during the EIS process. However, in order to ensure the Air Force has sufficient time to consider public input, scoping comments should arrive at the address below by October 27, 2015.

    FOR FURTHER INFORMATION CONTACT:

    JBER Public Affairs, Bldg. 10480 Sijan Ave., Suite 123, JBER, AK 99506 telephone: 907-552-8151 or email: [email protected].

    Henry Williams, Acting Air Force Federal Register Liaison Officer.
    [FR Doc. 2015-23988 Filed 9-21-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF DEFENSE Department of the Army Army Science Board Partially Closed Meeting Notice AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice of a partially closed meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 and title 41 of the Code of Federal Regulations, the Department of the Army announces a meeting of the Army Science Board.

    FOR FURTHER INFORMATION CONTACT:

    Army Science Board, Designated Federal Officer, 2530 Crystal Drive, Suite 7098, Arlington, VA 22202; LTC Stephen K. Barker, the committee's Designated Federal Officer (DFO), at (703) 545-8652 or email: [email protected], or Mr. Paul Woodward at (703) 695-8344 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) § 102-3.140 through 160, the Department of the Army announces the following committee meeting:

    Name of Committee: Army Science Board (ASB) Fall Voting Session.

    Date: Tuesday, October 6, 2015.

    Time: 0800-1100.

    Locations:

    Open portion: Capital Conference Center, One Virginia Square, 3601 Wilson Boulevard, 6th Floor, Arlington, Virginia 22201, from 0800-0900.

    Closed portion: Capital Conference Center, One Virginia Square, 3601 Wilson Boulevard, 6th Floor, Arlington, Virginia 22201, from 0900-1100.

    Purpose of Meeting: The purpose of the meeting is for ASB members to review, deliberate, and vote on the findings and recommendations presented for the Board's two remaining Fiscal Year 2015 (FY15) studies.

    Agenda: The board will present findings and recommendations for deliberation and vote on the following two FY15 studies:

    Human Interaction and Behavioral Enhancement. This study is partially classified and will be presented in the open and closed portions of the meeting. The purpose of this study is to identify and assess methods and techniques to understand, interact, and influence human behavior in support of Army missions.

    Force 2025 and Beyond. This study is classified and will be presented in the closed portion of the meeting. This study will provide findings and recommendations for operational concepts and advanced technologies along with the associated force designs for improving and maintaining readiness, designing and conducting training, and aligning the required logistics investments.

    Filing Written Statement: Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow the public to speak; however, interested persons may submit a written statement for consideration by the Board. Individuals submitting a written statement must submit their statement to the DFO at the address listed above. Written statements not received at least 10 calendar days prior to the meeting may not be considered by the Board prior to its scheduled meeting.

    The DFO will review all timely submissions with the Board's executive committee and ensure they are provided to the specific study members as necessary before, during, or after the meeting. After reviewing written comments, the study chairs and the DFO may choose to invite the submitter of the comments to orally present their issue during a future open meeting.

    The DFO, in consultation with the executive committee, may allot a specific amount of time for members of the public to present their issues for discussion.

    Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 3.165, and the availability of space, the open portion of this meeting is open to the public. Seating is on a first-come basis. The Antlers Hilton is fully handicapped accessible. For additional information about public access procedures, contact LTC Stephen Barker at the telephone number or email address listed in the FOR FURTHER INFORMATION CONTACT section.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2015-24089 Filed 9-21-15; 8:45 am] BILLING CODE 3710-08-P
    DEPARTMENT OF DEFENSE Department of the Army Final Environmental Impact Statement for Short-Term Projects and Real Property Master Plan Update for Fort Belvoir, VA AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Department of the Army announces the availability of the Final Environmental Impact Statement (FEIS) for the proposed update of the Real Property Master Plan (RPMP) for Fort Belvoir, VA, which includes proposed short-term projects and long-term development. In accordance with the National Environmental Policy Act (NEPA), the FEIS analyzes the environmental impacts associated with the proposed short-term projects, long-term development, and anticipated land use changes designated in an updated RPMP. The short-term projects are proposed for implementation through 2017. The long-term development projects, which currently are not fully defined, are proposed for implementation between 2018 and 2030. The FEIS assesses potential environmental impacts associated with future development and management of land, facilities, resources and infrastructure based on the population capacity identified in the updated RPMP. The only area for which significant adverse impacts are identified is traffic and transportation. The updated RPMP incorporates adjustments to the land use plan in the RPMP that were made in the Final EIS for the Implementation of Base Realignment and Closure (BRAC) Recommendations and Related Army Actions at Fort Belvoir, VA (2007) and BRAC-related changes made since 2007.

    DATES:

    The FEIS will be available for 30 days following publication of the NOA in the Federal Register by the U.S. Environmental Protection Agency.

    ADDRESSES:

    A copy of the FEIS may be obtained by contacting: Fort Belvoir Directorate of Public Works at Environmental and Natural Resources Division, Re: Real Property Master Plan EIS, 9430 Jackson Loop, Suite 200, Fort Belvoir, VA 22060-5116; or by email to [email protected]. The FEIS can be viewed at the following Web site: https://www.belvoir.army.mil/environdocssection9.asp.

    FOR FURTHER INFORMATION CONTACT:

    Please contact Fort Belvoir Directorate of Public Works, Environmental and Natural Resources Division, at 703-806-3193 or 703-806-0020, during normal working business hours Monday through Friday, 8 a.m. to 4:00 p.m.; or by email to [email protected].

    SUPPLEMENTARY INFORMATION:

    The RPMP and the FEIS focus on Fort Belvoir's Main Post (7,700 acres) and the Fort Belvoir North Area (800 acres, formerly called the Engineer Proving Ground). The RPMP update does not cover Fort Belvoir property at Rivanna Station in Charlottesville, VA; the Mark Center in Alexandria, VA; or the Humphreys Engineer Center, adjacent to Main Post.

    The FEIS analyzes the environmental impacts of the short-term projects currently programmed for construction through 2017. These projects include new office buildings, community and recreational facilities, a Fisher House (provides free or low cost lodging to veterans and military families receiving treatment at military medical centers), industrial and maintenance facilities, roads, a new gate, and the National Museum of the U.S. Army.

    The Army is also updating its RPMP for Fort Belvoir by analyzing the off-post and on-post environmental impacts of reasonably foreseeable future development and management of real property (land uses, facilities, resources, infrastructure, and population capacity). The FEIS assesses the potential direct, indirect, and cumulative environmental impacts associated with updating the RPMP to meet the Army's current and future planning needs. Additional site-specific NEPA analyses will be prepared for the long-term projects identified in the RPMP, as appropriate.

    Four alternatives are analyzed in the FEIS: No Action, Full Implementation, Modified Long-Term, and Modified Short-Term. The alternatives reflect various scenarios for short-term and long-term development. Other alternatives are briefly considered in the FEIS but were determined not to require further analysis.

    (1) The No Action Alternative proposes maintaining the current conditions and not proceeding with any new short-term projects or long-term development. The approved 1993 RPMP (as amended in the 2007 BRAC EIS) would remain in effect.

    (2) The Full Implementation Alternative (the Preferred Alternative) proposes implementing the revised RPMP, all short-term projects, and all long-term projects.

    (3) The Modified Long-Term Alternative proposes implementing the revised RPMP, all but two short-term projects proposed under the Full Implementation Alternative, and all but one of the long-term projects proposed under the Full Implementation Alternative.

    (4) The Modified Short-Term Alternative proposes implementing the revised RPMP, most of the short-term projects, and all of the long-term projects. Construction of most of the short-term projects proposed under the Full Implementation Alternative would be delayed until after 2017.

    The FEIS evaluates the impacts of the alternatives on land use; socioeconomics, community facilities, and environmental justice; cultural resources; transportation and traffic; air quality; noise; geology, topography, and soils; water resources; biological resources; hazardous materials; utilities; and energy use and sustainability. The only resource that could sustain significant adverse impacts is transportation and traffic; impacts would be significant under all three action alternatives. The RPMP would include short-term and long-term transportation projects. As development is proposed for Fort Belvoir, appropriate transportation measures would be identified from those in the RPMP, as well as any appropriate site-specific mitigation measures. While no significant adverse impacts are expected on biological or water resources, mitigations are proposed for tree removal for certain projects and for cumulative impacts.

    Comments received on the Draft Environmental Impact Statement (DEIS) are addressed in the FEIS. Changes made to the text of the DEIS include factual corrections and minor additions or edits only. No substantive changes to the alternatives considered or the findings of the impact analysis were required or made.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2015-23601 Filed 9-21-15; 8:45 am] BILLING CODE 3710-08-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 15-50] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense,.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Sarah A. Ragan or Heather N. Harwell, DSCA/LMO, (703) 604-1546/(703) 607-5339.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 15-50 with attached Policy Justification and Sensitivity of Technology.

    Dated: September 16, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. EN22SE15.000 Transmittal No. 15-50 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of the United Kingdom

    (ii) Total Estimated Value:

    Major Defense Equipment * $1.68 billion Other $1.32 billion Total $3.00 billion. * as defined in Section 47(6) of the Arms Export Control Act.

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Remanufacture of fifty (50) United Kingdom (UK) WAH-64 Mk 1 Attack Helicopters to AH-64E Block III Apache Guardian Helicopters with one hundred and ten (110) T-700-GE-701D Engines (100 installed and 10 spares)

    Refurbishment of fifty-three (53) AN/ASQ-170 Modernized Target Acquisition and Designation Sights (M-TADS) (50 installed and 3 spares)

    Refurbishment of fifty-three (53) AN/AAR-11 Modernized Pilot Night Vision Sensors (PNVS) (50 installed and 3 spares)

    Refurbishment of fifty-two (52) AN/APG-78 Fire Control Radars (FCR) (50 installed and 2 spares) with fifty-five (55) Radar Electronics Units (Longbow Component) (50 installed and 5 spares), fifty-two (52) AN/APR-48B Modernized Radar Frequency Interferometers (50 installed and 2 spares), sixty (60) AAR-57(V) 3/5 Common Missile Warning Systems (CMWS) with 5th Sensor and Improved Countermeasure Dispenser (50 installed and 10 spares), one hundred twenty (120) Embedded Global Positioning Systems with Inertial Navigation (100 installed and 20 spares), and three hundred (300) Apache Aviator Integrated Helmets.

    Also included are AN/AVR-2B Laser Detecting Sets, AN/APR-39D(V)2 Radar Signal Detecting Sets, Integrated Helmet and Display Sight Systems (IHDSS-21), Manned-Unmanned Teaming International (MUMT-I), KOR-24A Link 16 terminals, M206 infrared countermeasure flares, M211 and M212 Advanced Infrared Countermeasure Munitions (AIRCMM) flares, Identification Friend or Foe (IFF) transponders, ammunition, communication equipment, tools and test equipment, training devices, simulators, generators, transportation, wheeled vehicles, organizational equipment, spare and repair parts, support equipment, personnel training and training equipment, U.S. government and contractor engineering, technical, and logistics support services, and other related elements of logistics support.

    (iv) Military Department: Army (WSO)

    (v) Prior Related Cases, if any: FMS Case WMN-$3.5M-28JUNE2002 FMS Case WRZ-$12M-27MARCH2012

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: 26 AUG 15

    POLICY JUSTIFICATION United Kingdom—AH-64E APACHE GUARDIAN Attack Helicopters

    The Government of the United Kingdom has requested the remanufacture of fifty (50) United Kingdom (UK) WAH-64 Mk 1 Attack Helicopters to AH-64E Apache Guardian Helicopters with one hundred and ten (110) T-700-GE-701D Engines (100 installed and 10 spares), the refurbishment of fifty-three (53) AN/ASQ-170 Modernized Target Acquisition and Designation Sights (M-TADS) (50 installed and 3 spares), the refurbishment of fifty-three (53) AN/AAR-11 Modernized Pilot Night Vision Sensors (PNVS) (50 installed and 3 spares), the refurbishment of fifty-two (52) AN/APG-78 Fire Control Radars (FCR) (50 installed and 2 spares) with fifty-five (55) Radar Electronics Units (Longbow Component) (50 installed and 5 spares), fifty-two (52) AN/APR-48B Modernized Radar Frequency Interferometers (50 installed and 2 spares), sixty (60) AAR-57(V) 3/5 Common Missile Warning Systems (CMWS) with 5th Sensor and Improved Countermeasure Dispenser (50 installed and 10 spares), one hundred and twenty (120) Embedded Global Positioning Systems (GPS) with Inertial Navigation (100 installed and 20 spares), and three hundred (300) Apache Aviator Integrated Helmets.

    Also included are AN/AVR-2B Laser Detecting Sets, AN/APR-39D(V)2 Radar Signal Detecting Sets, Integrated Helmet and Display Sight Systems (IHDSS-21), Manned-Unmanned Teaming International (MUMT-I), KOR-24A Link 16 terminals, M206 infrared countermeasure flares, M211 and M212 Advanced Infrared Countermeasure Munitions (AIRCMM) flares, Identification Friend or Foe (IFF) transponders, ammunition, communication equipment, tools and test equipment, training devices, simulators, generators, transportation, wheeled vehicles, organizational equipment, spare and repair parts, support equipment, personnel training and training equipment, U.S. Government and contractor engineering, technical, and logistics support services, and other related elements of logistics support. The estimated cost is $3.00 billion.

    This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a North Atlantic Treaty Organization (NATO) ally which has been, and continues to be, an important force for political stability and economic progress around the world. The upgrade and refurbishment of these helicopters will allow the United Kingdom greater interoperability with U.S. forces.

    The proposed sale provides the Government of the United Kingdom with assets vital to deter and defend against potential threats. The United Kingdom will use the Apache helicopters to conduct various missions, including counter-terrorism and counter-piracy operations. The materiel and services under this program will enable the United Kingdom to become a more capable defensive force and will also provide key elements required for interoperability with U.S. forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The prime contractors will be The Boeing Company in Mesa, Arizona; Lockheed Martin Corporation in Orlando, Florida; General Electric Company in Cincinnati, Ohio; Lockheed Martin Mission Systems and Training in Owego, New York; and Longbow Limited Liability Corporation in Orlando, Florida. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale may require the assignment of six (6) U.S. contractor representatives in country full-time for up to sixty (60) months for equipment checkout, fielding, and technical support.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 15-50 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The AH-64E APACHE Attack Helicopter weapon system contains communications and target identification equipment, navigation equipment, aircraft survivability equipment, displays, and sensors. The airframe itself does not contain sensitive technology; however, the pertinent equipment listed below will be either installed on the aircraft or included in the sale.

    a. The AN-APG-78 Fire Control Radar (FCR) is an active, low-probability of intercept, millimeter-wave radar combined with a passive AN/APR-48B Modernized Radar Frequency Interferometer (MRFI) mounted on top of the helicopter mast. The FCR Ground Targeting Mode detects, locates, classifies and prioritizes stationary or moving armored vehicles, tanks and mobile air defense systems, as well as hovering helicopters and fixed wing aircraft in normal flight. The MRFI detects threat radar emissions and determines the type of radar and mode of operation. The FCR data and MRFI data are fused for maximum synergism. If desired, the radar data can be used to refer targets to the regular electro-optical Modernized Target Acquisition and Designation Sight (MTADS), permitting additional visual/infrared imagery and control of weapons, including the semi-active laser version of the HELLFIRE missile. The content of these items is classified Secret.

    b. The AN/APR-48B Modernized Radar Frequency Interferometer (MRFI) is an updated version of the passive radar detection and direction finding system. It utilizes a detachable User Data Module (UDM) on the Modernized Radar Frequency Interferometer (MRFI) processor, which contains the Radar Frequency (RF) threat library. The UDM, which is a hardware asssemblage item, is classified Confidential when programmed with threat parametrics, threat priorities, and/or techniques dervied from U.S. intelligence information. The hardware becomes Classified when populated with threat parametric data. Releasable technical manuals are Unclassified/restricted distribution.

    c. The AN/AVR-2B Laser Warning Set is a passive laser warning system. It receives, processes, and displays on the multi-functional display unit threat information resulting from illumination of the aircraft by lasers. The hardware is classified Confidential. Releasable technical manuals for operation and maintenance are classified Secret.

    d. The AN/APR-39D(V)2 Radar Signal Detecting Set is a system that provides warning of a radar-directed air defense threat to allow engagement of countermeasures. This is the MIL-STD 1553 data bus compatible configuration. Hardware is classified Confidential when programmed with U.S. threat data. Releasable technical manuals for operation and maintenance are classified Confidential. Releasable technical data (technical performance) are classified Secret.

    e. The AN/ARC-201D Single Channel Ground and Airborne Radio System (SINCGARS) is a tactical frequency modulation (FM) airborne radio subsystem that provides secure, anti-jam voice and data communication. The Enhanced Data Modes (EDM) of the radio employ a Reed-Solomon Forward Error Correction (FEC) technique that provides enhanced bit-error-rate performance.

    f. The M211 flare is a countermeasure decoy. It consists of case, piston, special material payload foils, and end cap. The special material is a pyrophoric metal (iron) foil that reacts with oxygen to generate infrared energy. The M211 flares are dispersed from aircraft to be used as decoys in combination with currently fielded M206 and M212 countermeasure flares to protect against advanced air-to-air missile threats. The hardware is Unclassified and releasable technical manuals for operation and maintenance are classified Secret.

    g. The M212 flare is a multi-spectral countermeasure flare. It consists of a case, impulse cartridge, Safe and Ignition (S&I), a propellant grain and a forward brass closure which acts as a weight to improve aerodynamics of the decoy. The M212 flares are dispersed from an aircraft and used in combination with the currently fielded M206 and M211 countermeasure flares and decoys to protect against advanced air-to-air and surface-to-air missile threats. The hardware is Unclassified and releasable technical manuals for operation and maintenance are classified Secret.

    2. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to create countermeasures which might reduce weapons system effectiveness or be used in the development of a system with similar or advanced capabilities.

    3. A determination has been made that the recipient country can provide the same degree of protection for the sensitive technology being released as the U.S. Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    4. All defense articles and services listed in this transmittal have been authorized for release and export to the Government of the United Kingdom.

    [FR Doc. 2015-23966 Filed 9-21-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Norfolk Harbor and Channels Deepening NEPA Scoping Meeting and Public Comment Period AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    NEPA scoping meeting and public comment period.

    SUMMARY:

    Pursuant to the requirements of the National Environmental Policy Act of 1969, as amended (NEPA), 42 U.S.C. 4321-4370, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers (USACE) plans to prepare an Environmental Assessment (EA) to evaluate environmental impacts from reasonable project alternatives and to determine the potential for significant impacts related to improvements to the Norfolk Harbor Channels. If the USACE determines that there is a potential for a significant environmental impact, the USACE will issue a Notice of Intent to prepare an Environmental Impact Statement in the Federal Register.

    Federal, state, and local agencies, Indian tribes, and the public are invited to provide scoping comments to identify issues, alternatives, and potentially significant effects to be considered in the analysis.

    DATES:

    Scoping comments may be submitted until October 30, 2015.

    ADDRESSES:

    The public is invited to submit NEPA scoping comments at the meeting and/or submit comments to Alicia Logalbo, USACE, via email/mail/telephone at [email protected]/ ATTN: Alicia Logalbo, Department of the Army, U.S. Army Corps of Engineers, Norfolk District, Fort Norfolk, 803 Front St., Norfolk, VA 23510, (757) 201-7210. The project title and the commenter's contact information should be included with submitted comments.

    FOR FURTHER INFORMATION CONTACT:

    Alicia Logalbo, (757) 201-7210.

    SUPPLEMENTARY INFORMATION:

    The USACE is the lead federal agency for this project and the Commonwealth of Virginia acting through its Agent, the Virginia Port Authority, will act as the non-federal sponsor for the study. Norfolk Harbor (sometimes referred to as the Port of Hampton Roads) is located in the southeastern part of the Commonwealth of Virginia at the southern end of Chesapeake Bay, midway on the Atlantic Seaboard (approximately 170 miles south of Baltimore, MD, and 220 miles north of Wilmington, NC). The harbor is formed by the confluence of the James, Nansemond, and Elizabeth Rivers. The land area surrounding the harbor encompasses approximately 1,500 square miles and includes the cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach, as well as Isle of Wight County on the south side and Hampton and Newport News on the north side. The Norfolk Harbor and Channels Deepening Project consists of a network of federally-improved channels extending from the Atlantic Ocean, through the Chesapeake Bay, and into the Port of Hampton Roads. The study is anticipated to include an evaluation of a range of Norfolk Harbor Channels' dimensions. Specific planning objectives for the Norfolk Harbor and Channels Deepening General Reevaluation Study include:

    • Determine if light loading, tidal delay, or other commercial navigation benefits exist to justify increasing channel system dimensions in the Atlantic Ocean Channel, the Thimble Shoal Channel, and/or the Norfolk Harbor Channel to Lambert's Point on the Main Branch of the Elizabeth River;

    • Examine the impact of increased channel system dimensions on the capacity of existing dredged material placement sites;

    • Evaluate the impact of increased channel system dimensions on shoaling rates for existing and advance harbor maintenance needs;

    • Examine the hydrodynamic and environmental effects of increased dimensions of the channel system and effects on adjacent shorelines;

    • Identify environmental and cultural resources in the study area and potential impacts from increased channel system dimensions to those resources; and

    • Identify the National Economic Development plan which most efficiently and safely accommodates existing and larger commercial ship and barge traffic while avoiding or minimizing impacts to environmental resources.

    Scoping/Public Involvement. A public NEPA scoping meeting will be held on September 24, 2015 from 6:00 p.m.-8:00 p.m. The NEPA scoping meeting will be held at the Half Moone Cruise and Celebration Center, Virginia Room, 1 Waterside Drive, Norfolk, VA 23510.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2015-24085 Filed 9-21-15; 8:45 am] BILLING CODE 3710-58-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Elizabeth River and Southern Branch Navigation Improvements NEPA Scoping Meeting and Public Comment Period AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    NEPA scoping meeting and public comment period.

    SUMMARY:

    Pursuant to the requirements of the National Environmental Policy Act of 1969, as amended (NEPA), 42 U.S.C. 4321-4370, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers (USACE) plans to prepare an Environmental Assessment (EA) to evaluate environmental impacts from reasonable project alternatives and to determine the potential for significant impacts related to improvements to the Elizabeth River and Southern Branch Channels. If the USACE determines that there is a potential for a significant environmental impact, the USACE will issue a Notice of Intent to prepare an Environmental Impact Statement in the Federal Register.

    Federal, state, and local agencies, Indian tribes, and the public are invited to provide scoping comments to identify issues, alternatives, and potentially significant effects to be considered in the analysis.

    DATES:

    Scoping comments may be submitted until October 30, 2015.

    ADDRESSES:

    The public is invited to submit NEPA scoping comments at the meeting and/or submit comments to David Schulte, USACE, via email/mail/telephone at [email protected]/ATTN: David Schulte, Department of the Army, U.S. Army Corps of Engineers, Norfolk District, Fort Norfolk, 803 Front St., Norfolk, VA 23510/(757)201-7007. The project title and the commenter's contact information should be included with submitted comments.

    FOR FURTHER INFORMATION CONTACT:

    David Schulte, (757) 201-7007.

    SUPPLEMENTARY INFORMATION:

    The USACE is the lead federal agency for this study and the Commonwealth of Virginia acting through its Agent, the Virginia Port Authority, will act as the non-federal sponsor for the study. The Elizabeth River and Southern Branch Channels are federally-improved channels extending from the Norfolk Harbor Channels extent near Lambert's Point to the Southern Branch of the Elizabeth River. The Elizabeth River is a tributary of the James River, and is located near the confluence of the James River along its southern bank and the Chesapeake Bay mainstem. The land area surrounding the Elizabeth River and Southern Branch Channels includes the cities of Chesapeake, Norfolk, and Portsmouth.

    The study is anticipated to include an evaluation of a range of dimensions for the Elizabeth River and Southern Branch Navigation Channels. Specific planning objectives for the Elizabeth River and Southern Branch Navigation Improvements General Reevaluation Study include:

    • Determine if commercial navigation benefits exist to justify additional deepening and potentially widening of the Elizabeth River and Southern Branch Channels;

    • Examine the impact of increased channel system dimensions on the capacity of existing dredged material placement sites;

    • Evaluate the impact of increased channel system dimensions on shoaling rates for existing and advance harbor maintenance needs;

    • Examine the hydrodynamic and environmental effects of increased dimensions of the channel system and effects on adjacent shorelines;

    • Identify environmental and cultural resources in the study area and potential impacts from increased channel system dimensions to those resources; and

    • Identify the National Economic Development plan which most efficiently and safely accommodates existing and larger commercial ship and barge traffic while avoiding or minimizing impacts to environmental resources.

    Scoping/Public Involvement. A public NEPA scoping meeting will be held on September 24, 2015 from 6:00 p.m.—8:00 p.m. The NEPA scoping meeting will be held at the Half Moone Cruise and Celebration Center, Virginia Room, 1 Waterside Drive, Norfolk, VA 23510.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2015-24092 Filed 9-21-15; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF EDUCATION [Docket No.: ED_2015-ICCD-0112] Agency Information Collection Activities; Comment Request; Data Challenges and Appeals Solution (DCAS) AGENCY:

    Federal Student Aid (FSA), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3507(j)), ED is requesting the Office of Management and Budget (OMB) to conduct an emergency review of a new information collection.

    DATES:

    Approval by the OMB has been requested by October 15, 2015. A regular clearance process is also hereby being initiated. Interested persons are invited to submit comments on or before November 23, 2015.

    ADDRESSES:

    Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting Docket ID number ED_2015-ICCD-0112 or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at [email protected] Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted; ED will ONLY accept comments during the comment period in this mailbox when the regulations.gov site is not available. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Mailstop L-OM-2-2E319, Room 2E105, Washington, DC 20202.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Beth Grebeldinger, (202)377-4018.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Data Challenges and Appeals Solution (DCAS).

    OMB Control Number: 1845-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: Private Sector; State, Local or Tribal Governments.

    Total Estimated Number of Annual Responses: 1,029,889.

    Total Estimated Number of Annual Burden Hours: 175,081.

    Abstract: This is a request for an emergency clearance approval for the Data Challenges and Appeals Solution (DCAS), a new system that will allow institutions to challenge their self-reported data as well as Department calculated metrics. The system will ultimately provide for the receipt, processing, data storage and archiving of data challenges received from institutions for challenges of Gainful Employment (GE) metrics, Cohort Default Rates (institutional and programmatic), and Disclosure Rates and Metrics. This request is for a new collection for the first phase of DCAS, the institutional challenge to the GE completers list provided to institutions by the Department of Education. The other aspects of DCAS will be made functional and available to institutions in stages, to allow for full development and testing, through subsequent system releases.

    Additional Information: An emergency clearance approval for the use of the system is described below due to the following conditions:

    • The Department's contracting process experienced a seven month setback when a contractor solicitation had to be cancelled and re-issued. In order to allow the challenge and appeal process to be implemented on time, the system must be able to accept challenges to the completer lists by November 9, 2015.

    • The Department believes that students will be harmed if there is a delay in implementing the challenge process which will ultimately delay the issuance of final rates. The schedule is to have the final rates published and available to disclose to students by January 2017.

    • Trends in graduates' earnings, student loan debt, defaults, and repayment underscore the need for the Department to act swiftly. The Gainful Employment accountability framework takes into consideration the relationship between total student loan debt and earnings after completion of a post-secondary program.

    • The Gainful Employment regulation was issued after both negotiated rulemaking and notice-and-comment procedures. The full challenge and appeals process is already detailed at 34 CFR 668.405 and 668.406. Burden calculations were likewise already promulgated. Stakeholders and other interested parties have already had significant opportunities to give input on the process.

    Dated: September 17, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Privacy, Information and Records Management Services, Office of Management.
    [FR Doc. 2015-23976 Filed 9-21-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Orders Granting Authority To Import and Export Natural Gas, To Import and Export Liquefied Natural Gas, To Vacate Prior Authorization and Errata During July 2015 FE Docket Nos. WORLD FUEL SERVICES, INC 15-84-NG ELEMENT MARKETS RENEWABLE ENERGY, LLC 15-88-NG ALTAGAS MARKETING (U.S.) INC. 15-92-NG CONOCOPHILLIPS COMPANY 15-94-NG CRYOPEAK LNG SOLUTIONS CORPORATION 14-126-LNG BP WEST COAST PRODUCTS LLC 15-98-NG SEMPRA LNG INTERNATIONAL, LLC 15-99-NG DOMINION COVE POINT LNG, LP 11-128-LNG CAMERON LNG, LLC 15-36-LNG CARIB ENERGY (USA) LLC 11-141-LNG CHENIERE MARKETING, LLC AND CORPUS CHRISTI LIQUEFACTION, LLC 12-97-LNG BEAR HEAD LNG CORPORATION AND BEAR HEAD LNG (USA), LLC 15-33-LNG G2 LNG LLC 15-44-LNG BEAR HEAD LNG CORPORATION AND BEAR HEAD LNG (USA), LLC 15-33-LNG UNITED ENERGY TRADING, LLC 15-100-NG TIDAL ENERGY MARKETING (U.S.) L.L.C. 15-101-NG CONOCOPHILLIPS COMPANY 15-102-LNG CAMBRIDGE ENERGY 15-104-LNG GIGO TRANSPORT, INC. 15-105-NG SAN DIEGO GAS & ELECTRIC COMPANY 15-106-NG WORLD FUEL SERVICES MEXICO, S. DE. R.L. DE C.V. 15-107-NG SPARK ENERGY CANADA CORP. 15-27-NG FLORIDIAN NATURAL GAS STORAGE COMPANY, LLC 15-38-LNG AGENCY:

    Office of Fossil Energy, Department of Energy.

    ACTION:

    Notice of orders.

    SUMMARY:

    The Office of Fossil Energy (FE) of the Department of Energy gives notice that during July 2015, it issued orders granting authority to import and export natural gas, to import and export liquefied natural gas, to vacate prior authority, and errata. These orders are summarized in the attached appendix and may be found on the FE Web site at http://energy.gov/fe/downloads/listing-doefe-authorizationsorders-issued-2015. They are also available for inspection and copying in the Office of Fossil Energy, Office of Oil and Gas Global Security and Supply, Docket Room 3E-033, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-9478. The Docket Room is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

    Issued in Washington, DC, on September 16, 2015. John A. Anderson, Director, Office of Oil and Gas Global Security and Supply, Office of Oil and Natural Gas. Appendix DOE/FE Orders Granting Import/Export Authorizations 3673 07/01/15 15-84-NG World Fuel Services, Inc Order granting blanket authority to import/export natural gas from/to Canada/Mexico. 3674 07/01/15 15-88-NG Elements Markets Renewable Energy, LLC Order granting blanket authority to import natural gas from Canada/Mexico. 3675 07/01/15 15-92-NG AltaGas Marketing (U.S.) Inc Order granting blanket authority to import/export natural gas from/to Canada. 3676 07/01/15 15-94-NG ConocoPhillips Company Order granting blanket authority to import/export natural gas from/to Canada/Mexico. 3677 07/01/15 14-126-LNG Cryopeak LNG Solutions Corporation Order granting blanket authority to import LNG from Canada/Mexico by truck, and to export LNG to Canada/Mexico by vessel. 3678 07/09/15 15-98-NG BP West Coast Products LLC Order granting blanket authority to import/export natural gas from/to Canada. 3679 07/09/15 15-99-NG Sempra LNG International, LLC Order granting blanket authority to import/export natural gas from/to Mexico. Unnumbered 07/09/15 11-128-LNG Dominion Cove Point LNG, LP Order granting Rehearing for Further Consideration. 3680 07/10/15 15-36-LNG Cameron LNG, LLC Order granting long-term multi-contract authority to export LNG by vessel from the Cameron LNG Terminal in Cameron and Calcasieu Parishes, Louisiana, to Non-Free Trade Agreement Nations. Errata 07/10/15 11-141-LNG Carib Energy (USA) LLC Errata notice to DOE/FE Order No. 3487 issued 9/10/14. Unnumbered Order 07/10/15 12-97-LNG Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC Order granting Rehearing for Further Consideration. 3681 07/17/15 15-33-LNG Bear Head LNG Corporation and Bear Head (USA), LLC Order granting long-term multi-contract authority to export natural gas to Canada and to other Free Trade Agreement Nations. 3682 07/17/15 15-44-LNG G2 LNG LLC Order granting long-term multi-contract authority to export LNG by vessel from the proposed G2 LNG Terminal in Cameron Parish, Louisiana to Free Trade Agreement Nations. Errata 07/21/15 15-33-LNG Bear Head LNG Corporation and Bear Head (USA), LLC Errata notice to DOE/FE Order No. 3681 issued 7/17/15. 3683 07/23/15 15-100-NG United Energy Trading, LLC Order granting blanket authority to import/export natural gas from/to Canada and vacating prior authority. 3684 07/23/15 15-101-NG Tidal Energy Marketing (U.S.), L.L.C Order granting blanket authority to import/export natural gas from/to Canada. 3685 07/23/15 15-102-LNG ConocoPhillips Company Order granting blanket authority to import LNG from various international sources by vessel and to export LNG to Canada/Mexico by vessel. 3686 07/23/15 15-104-LNG Cambridge Energy Order granting blanket authority to import LNG from various international sources by vessel and to export LNG to Canada/Mexico by vessel. 3687 07/23/15 15-105-NG Gigo Transport, Inc Order granting blanket authority to import/export natural gas from/to Mexico. 3688 07/23/15 15-106-NG San Diego Gas & Electric Company Order granting blanket authority to import/export natural gas from/to Mexico. 3689 07/23/15 15-107-NG World Fuel Services Mexico, S. de R.L. de C.V Order granting blanket authority to import/export natural gas from/to Mexico. 3611-A 07/23/15 15-27-NG Sparks Energy Canada Corp Order vacating authority to import/export natural gas from/to Canada. 3691 07/31/15 15-38-LNG Floridian Natural Gas Storage Company, LLC Order granting long-term, multi-contract authority to export LNG in ISO containers loaded at the proposed Floridian Facility in Marin County, Florida, and exported by vessel to Free Trade Agreement nations.
    [FR Doc. 2015-24084 Filed 9-21-15; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1875-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2015-09-15 Limited Tariff Waiver Petition to Modify CCE2 Effective Date to be effective N/A.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5182.

    Comments Due: 5 p.m. ET 10/6/15.

    Docket Numbers: ER15-2204-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2015-09-15 Limited Tariff Waiver Petition to Modify ETC-TOR Effective Date to be effective N/A.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5166.

    Comments Due: 5 p.m. ET 10/6/15.

    Docket Numbers: ER15-2654-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-09-15_SA 2753 NSP-Red Pine Wind 2nd Rev GIA (H081) to be effective 9/16/2015.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5071.

    Comments Due: 5 p.m. ET 10/6/15.

    Docket Numbers: ER15-2655-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-09-15_SA 2830 Certificate of Concurrence ITCM, METC, and ATSI TIA to be effective 12/7/2015.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5078.

    Comments Due: 5 p.m. ET 10/6/15.

    Docket Numbers: ER15-2656-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Annual Calculation of the Cost of New Entry value (“CONE”) for each Local Resource Zone (“LRZ”) in the MISO Region of Midcontinent Independent System Operator, Inc.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5196.

    Comments Due: 5 p.m. ET 10/6/15.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR15-19-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Petition of the North American Electric Reliability Corporation for Approval of Amendments to Exhibit B to the Delegation Agreement with Southwest Power Pool, Inc. ? Amendments to Southwest Power Pool, Inc.'s Bylaws.

    Filed Date: 9/16/15.

    Accession Number: 20150916-5031.

    Comments Due: 5 p.m. ET 10/7/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 16, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-23984 Filed 9-21-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER13-2022-002.

    Applicants: Pacific Gas and Electric Company.

    Description: Report Filing: TO15 Compliance Electric Refund Report to be effective N/A.

    Filed Date: 9/16/15.

    Accession Number: 20150916-5052.

    Comments Due: 5 p.m. ET 10/7/15.

    Docket Numbers: ER15-2529-000.

    Applicants: Censtar Energy Corp.

    Description: Supplement to August 26, 2015 Censtar Energy Corp. tariff filing.

    Filed Date: 9/16/15.

    Accession Number: 20150916-5059.

    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: ER15-2530-000.

    Applicants: Censtar Operating Company, LLC.

    Description: Supplement to August 26, 2015 Censtar Operating Company, LLC tariff filing.

    Filed Date: 9/16/15.

    Accession Number: 20150916-5058.

    Comments Due: 5 p.m. ET 9/28/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 16, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-23985 Filed 9-21-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG15-124-000.

    Applicants: Odell Wind Farm, LLC.

    Description: Self-Certification of Exempt Wholesale Generator Status of Odell Wind Farm, LLC.

    Filed Date: 9/9/15.

    Accession Number: 20150909-5171.

    Comments Due: 5 p.m. ET 9/30/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: EL15-22-000; ER13-521-002; ER13-520-002; ER13-1442-002; ER13-1441-002; ER13-1273-002; ER13-1272-002; ER13-1271-002; ER13-1270-002; ER13-1269-002; ER13-1268-002; ER13-1267-002; ER13-1266-003; ER12-21-013; ER12-1626-003; ER10-3246-003; ER10-2605-006; ER10-2475-006; ER10-2474-006.

    Applicants: Nevada Power Company, Sierra Pacific Power Company, PacifiCorp, Agua Caliente Solar, LLC, Pinyon Pines Wind I, LLC, Pinyon Pines Wind II, LLC, Solar Star California XIX, LLC, Solar Star California XX, LLC, Topaz Solar Farms LLC, CalEnergy, LLC, CE Leathers Company, Del Ranch Company, Elmore Company, Fish Lake Power LLC, Salton Sea Power Generation Company, Salton Sea Power L.L.C., Vulcan/BN Geothermal Power Company, Yuma Cogeneration Associates, MidAmerican Energy Company, Bishop Hill Energy II LLC, Cordova Energy Company LLC, Power Resources, Ltd., Saranac Power Partners, L.P.

    Description: Response to Commission Staff Deficiency Letter and Request for Additional Information of BHE MBR Sellers.

    Filed Date: 9/4/15.

    Accession Number: 20150904-5286.

    Comments Due: 5 p.m. ET 9/29/15.

    Docket Numbers: ER15-2527-000.

    Applicants: Oasis Power, LLC.

    Description: Supplement to August 26, 2015 Oasis Power, LLC tariff filing.

    Filed Date: 9/8/15.

    Accession Number: 20150908-5301.

    Comments Due: 5 p.m. ET 9/16/15.

    Docket Numbers: ER15-2634-000.

    Applicants: Robison Energy (Commercial) LLC.

    Description: Baseline eTariff Filing: Robison Energy (Commercial) LLC Market Based Rate Tariff to be effective 10/15/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5000.

    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2635-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Certificates of Concuurence ANPP Participation Agmt & Interconnection Agmts to be effective 4/29/2011.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5002.

    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2636-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Attachment X, Article 3 Credit Policy Revisions to be effective 11/9/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5046.

    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2637-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-09-10_SA 2837 NSP-North Star Solar PV LLC E&P (J385) to be effective 9/11/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5049.

    Comments Due: 5 p.m. ET 10/1/15.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES15-69-000.

    Applicants: Southern Power Company.

    Description: Application of Southern Power Company for authorization to issue securities under Section 204 of the Federal Power Act.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5068.

    Comments Due: 5 p.m. ET 10/1/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 10, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-23981 Filed 9-21-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings September 15, 2015.

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP15-1269-000.

    Applicants: Gulf Shore Energy Partners, LP.

    Description: § 4(d) Rate Filing: Gulf Shore Energy—Change of Ownership Filing to be effective 10/1/2015.

    Filed Date: 9/14/15.

    Accession Number: 20150914-5124.

    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1270-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Reclassify NC Amgt as NC Neg Rate Agmt (Atmos 9399) to be effective 1/1/2015.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5017.

    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1271-000.

    Applicants: Dominion Cove Point LNG, LP.

    Description: Compliance filing DCP—2015 Revenue Crediting Report.

    Filed Date: 9/15/15.

    Accession Number: 20150915-5028.

    Comments Due: 5 p.m. ET 9/28/15.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP15-1188-001.

    Applicants: National Fuel Gas Supply Corporation.

    Description: Tariff Amendment: Scheduling & Curtailment (RP15-1188 Amendment) to be effective 10/1/2015.

    Filed Date: 9/14/15.

    Accession Number: 20150914-5195.

    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1189-001.

    Applicants: Empire Pipeline, Inc.

    Description: Tariff Amendment: Scheduling & Curtailment (RP15-1189 Amendment) Empire to be effective 10/1/2015.

    Filed Date: 9/14/15.

    Accession Number: 20150914-5189.

    Comments Due: 5 p.m. ET 9/28/15.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 15, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-23986 Filed 9-21-15; 8:45 am] BILLING CODE 6717-01P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER13-521-002; ER13-520-002; ER13-1442-002; ER13-1441-002; ER13-1273-002; ER13-1272-002; ER13-1271-002; ER13-1270-002; ER13-1269-002; ER13-1268-002; ER13-1267-002; ER13-1266-003; ER12-21-013; ER12-1626-003; ER10-3246-003; ER10-2605-006; ER10-2475-006; ER10-2474-006; EL15-22-000.

    Applicants: Nevada Power Company, Sierra Pacific Power Company, PacifiCorp, Agua Caliente Solar, LLC, Pinyon Pines Wind I, LLC, Pinyon Pines Wind II, LLC, Solar Star California XIX, LLC, Solar Star California XX, LLC, Topaz Solar Farms LLC, CalEnergy, LLC, CE Leathers Company, Del Ranch Company, Elmore Company, Fish Lake Power LLC, Salton Sea Power Generation Company, Salton Sea Power L.L.C., Vulcan/BN Geothermal Power Company, Yuma Cogeneration Associates, MidAmerican Energy Company, Bishop Hill Energy II LLC, Cordova Energy Company LLC, Power Resources, Ltd., Saranac Power Partners, L.P.

    Description: Supplemental Filing of WorkPapers of the BHE MBR Sellers.

    Filed Date: 9/8/15.

    Accession Number: 20150909-0026.

    Comments Due: 5 p.m. ET 9/29/15.

    Docket Numbers: ER15-2338-001.

    Applicants: Midcontinent Independent System Operator, Inc., Ameren Transmission Company of Illinois.

    Description: Tariff Amendment: 2015-09-10_ATXI Supplemental Depreciation Rate Filing to be effective 10/1/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5110.

    Comments Due: 5 p.m. ET 9/17/15.

    Docket Numbers: ER15-2638-000.

    Applicants: Louisville Gas and Electric Company.

    Description: § 205(d) Rate Filing: Modifications to Attachment C to be effective 11/10/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5112.

    Comments Due: 5 p.m. ET 10/1/15

    Docket Numbers: ER15-2639-000.

    Applicants: CenterPoint Energy Houston Electric, LLC.

    Description: § 205(d) Rate Filing: TFO Tariff Interim Rate Revision to Conform with PUCT-Approved ERCOT Rate to be effective 8/17/2015.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5137.

    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2640-000.

    Applicants: New York Independent System Operator, In.

    Description: § 205(d) Rate Filing: NYISO 205 filing of tariff revision to implement external CTS with ISO-NE to be effective 12/31/9998.

    Filed Date: 9/10/15.

    Accession Number: 20150910-5138.

    Comments Due: 5 p.m. ET 10/1/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: September 10, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-23982 Filed 9-21-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0614; FRL-9933-75] Pesticides; Revised Fee Schedule for Registration Applications AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA is publishing a revised list of pesticide registration service fees applicable to specified pesticide applications and tolerance actions. Under the Pesticide Registration Improvement Extension Act, the registration service fees for covered pesticide registration applications received on or after October 1, 2015, increase by 5% rounding up to the nearest dollar from the fees published for fiscal year 2015. The new fees for FY'2016 become effective on October 1, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Peter Caulkins (7501P), Immediate Office, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 305-6550; fax number: (703) 308-4776; 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 register pesticide products under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Potentially affected entities may include, but are not limited to:

    • Agricultural pesticide manufacturers (NAICS code 32532).

    • Antimicrobial pesticide manufacturers (NAICS code 32561).

    • Antifoulant pesticide manufacturers (NAICS code 32551).

    • Wood preservative manufacturers (NAICS code 32519).

    This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in the notice and in FIFRA section 33. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0614, 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), EPA West 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.

    II. Background A. What action is the agency taking?

    The Pesticide Registration Improvement Act of 2003 established a new section 33 of FIFRA creating a registration service fee system for certain types of pesticide applications, establishment of tolerances, and certain other regulatory decisions under FIFRA and the Federal Food, Drug, and Cosmetic Act (FFDCA). Section 33 also created a schedule of decision review times for applications covered by the service fee system. The Agency began administering the registration service fee system for covered applications received on or after March 23, 2004.

    On September 28, 2012, the Pesticide Registration Improvement Extension Act was signed by the President, revising, among other things, FIFRA section 33. The new law reauthorized the service fee system through fiscal year 2017 and established fees and review times for applications received during fiscal years 2013 through 2017. As required by section 33(b)(6)(A) of FIFRA, the registration service fees for covered pesticide registration applications received on or after October 1, 2015, increase by 5% rounding up to the nearest dollar from the fees published in the September 26, 2013, “Pesticides: Fee Schedule for Registration Applications,” FRN Vol. 78. No. 187 pp. 59347-59359.

    B. What is the agency's authority for taking this action?

    The publication of this fee schedule is required by section 33(b)(6)(C) of FIFRA as amended.

    III. Elements of the Fee Schedule

    This unit explains how to read the fee schedule tables, and includes a key to terminology published with the table.

    A. The Pesticide Registration Improvement Extension Act Fee Schedule

    The fee schedule published in the Pesticide Registration Improvement Extension Act of September 28, 2012, identifies the registration service fees and decision times and is organized according to the organizational units of the Office of Pesticide Programs (OPP) within EPA. Thereafter, the categories within the organizational unit sections of the table are further categorized according to the type of application being submitted, the use patterns involved, or, in some cases, upon the type of pesticide that is the subject of the application. The fee categories differ by Division. Not all application types are covered by, or subject to, the fee system.

    B. Fee Schedule and Decision Review Times

    In today's notice, EPA has retained the format of the tables included in the Pesticide Registration Improvement Extension Act of September 28, 2012. The schedules are presented as 19 tables, organized by OPP Division and by type of application or pesticide subject to the fee. Unit IV presents fee tables for the Registration Division (RD) (6 tables), the Antimicrobials Division (AD) (4 tables), the Biopesticides and Pollution Prevention Division (BPPD) (7 tables), Inert Ingredients (1 table), Miscellaneous (1 table).

    C. How To Read the Tables

    1. Each table consists of the following columns:

    • The column titled “EPA No.” assigns an EPA identifier to each fee category. There are 189 categories spread across the 3 Divisions. There are 63 RD categories, 39 AD categories, 69 BPPD categories, 10 inert categories, and 8 miscellaneous categories. For tracking purposes, OPP has assigned a 3-digit identifier to each category, beginning with RD categories, followed by AD, BPPD, inert and miscellaneous categories. The categories are prefaced with a letter designation indicating which Division of OPP is responsible for applications in that category (R=Registration Division, A=Antimicrobials Division, B=Biopesticides and Pollution Prevention Division, I=inert ingredients, M=miscellaneous).

    • The column titled “CR No.” cross-references the current Congressional Record category number for convenience. However, EPA will be using the categories as numbered in the “EPA No.” column in its tracking systems.

    • The column titled “Action” ' describes what registration actions are covered by each category.

    • The column titled “Decision Time” lists the decision times in months for each type of action.

    • The column titled “FY' 2016/17 Registration Service Fee ($)” lists the registration service fee for the action for fiscal year 2016 (October 1, 2015 through September 30, 2016) and fiscal year 2017 (October 1, 2016 through September 30, 2017).

    • Footnote text has been removed to save on Federal Register costs but remains unchanged from what was published in FY' 2013. The tables and footnote text will be available in full after October 1, 2015 at http://www.epa.gov/pesticides/regulating/fees/tool/category-table.html.

    2. The following acronyms are used in some of the tables:

    • DART—Dose Adequacy Response Team.

    • DNT—Developmental Neurotoxicity.

    • HSRB—Human Studies Review Board.

    • GW/SW—Ground Water/Surface Water.

    • PHI-Pre—Harvest Interval.

    • PPE—Personal Protective Equipment.

    • REI—Restricted Entry Interval.

    • SAP—FIFRA Scientific Advisory Panel.

    IV. PRIA Fee Schedule Tables—Effective October 1, 2015 A. Registration Division (RD)

    The Registration Division of OPP is responsible for the processing of pesticide applications and associated tolerance petitions for pesticides that are termed “conventional chemicals,” excluding pesticides intended for antimicrobial uses. The term “conventional chemical” is a term of art that is intended to distinguish synthetic chemicals from those that are of naturally occurring or non-synthetic origin, synthetic chemicals that are identical to naturally occurring chemicals and microbial pesticides. Tables 1 through 6 cover RD actions.

    Table 1—Registration Division—New Active Ingredients EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • R010 1 New Active Ingredient, Food use 24 627,568 R020 2 New Active Ingredient, Food use; reduced risk 18 627,568 R040 3 New Active Ingredient, Food use; Experimental Use Permit application; establish temporary tolerance; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows 18 462,502 R060 4 New Active Ingredient, Non-food use; outdoor 21 436,004 R070 5 New Active Ingredient, Non-food use; outdoor; reduced risk 16 436,004 R090 6 New Active Ingredient, Non-food use; outdoor; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows 16 323,690 R110 7 New Active Ingredient, Non-food use; indoor 20 242,495 R120 8 New Active Ingredient, Non-food use; indoor; reduced risk 14 242,495 R121 9 New Active Ingredient, Non-food use; indoor; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows 18 182,327 R122 10 Enriched isomer(s) of registered mixed-isomer active ingredient 18 317,128 R123 11 New Active Ingredient, Seed treatment only; includes agricultural and non-agricultural seeds; residues not expected in raw agricultural commodities 18 471,861 R125 12 New Active Ingredient, Seed treatment; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows 16 323,690
    Table 2—Registration Division—New Uses EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • R130 13 First food use; indoor; food/food handling 21 191,444 R140 14 Additional food use; Indoor; food/food handling 15 44,672 R150 15 First food use 21 264,253 R160 16 First food use; reduced risk 16 264,253 R170 17 Additional food use 15 66,124 R175 18 Additional food uses covered within a crop group resulting from the conversion of existing approved crop group(s) to one or more revised crop groups. 10 66,124 R180 19 Additional food use; reduced risk 10 66,124 R190 20 Additional food uses; 6 or more submitted in one application 15 396,742 R200 21 Additional food use; 6 or more submitted in one application; reduced risk 10 396,742 R210 22 Additional food use; Experimental Use Permit application; establish temporary tolerance; no credit toward new use registration 12 48,986 R220 23 Additional food use; Experimental Use Permit application; crop destruct basis; no credit toward new use registration 6 19,838 R230 24 Additional use; non-food; outdoor 15 26,427 R240 25 Additional use; non-food; outdoor; reduced risk 10 26,427 R250 26 Additional use; non-food; outdoor; Experimental Use Permit application; no credit toward new use registration 6 19,838 R251 27 Experimental Use Permit application which requires no changes to the tolerance(s); non-crop destruct basis 8 19,838 R260 28 New use; non-food; indoor 12 12,764 R270 29 New use; non-food; indoor; reduced risk 9 12,764 R271 30 New use; non-food; indoor; Experimental Use Permit application; no credit toward new use registration 6 9,725 R273 31 Additional use; seed treatment; limited uptake into raw agricultural commodities; includes crops with established tolerances (e.g., for soil or foliar application); includes food and/or non-food uses 12 50,445 R274 32 Additional uses; seed treatment only; 6 or more submitted in one application; limited uptake into raw agricultural commodities; includes crops with established tolerances (e.g., for soil or foliar application); includes food and/or non-food uses 12 302,663
    Table 3—Registration Division—Import and Other Tolerances EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17—
  • registration
  • service fee
  • ($)
  • R280 33 Establish import tolerance; new active ingredient or first food use 21 319,072 R290 34 Establish Import tolerance; Additional new food use 15 63,816 R291 35 Establish import tolerances; additional food uses; 6 or more crops submitted in one petition 15 382,886 R292 36 Amend an established tolerance (e.g., decrease or increase); domestic or import; applicant-initiated 11 45,341 R293 37 Establish tolerance(s) for inadvertent residues in one crop; applicant-initiated 12 53,483 R294 38 Establish tolerances for inadvertent residues; 6 or more crops submitted in one application; applicant-initiated 12 320,894 R295 39 Establish tolerance(s) for residues in one rotational crop in response to a specific rotational crop application; applicant-initiated 15 66,124 R296 40 Establish tolerances for residues in rotational crops in response to a specific rotational crop petition; 6 or more crops submitted in one application; applicant-initiated 15 396,742 R297 41 Amend 6 or more established tolerances (e.g., decrease or increase) in one petition; domestic or import; applicant-initiated 11 272,037 R298 42 Amend an established tolerance (e.g., decrease or increase); domestic or import; submission of amended labels (requiring science review) in addition to those associated with the amended tolerance; applicant-initiated) 13 58,565 R299 43 Amend 6 or more established tolerances (e.g., decrease or increase); domestic or import; submission of amended labels (requiring science review) in addition to those associated with the amended tolerance; applicant-initiated) 13 285,261
    Table 4—Registration Division—New Products EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • R300 44 New product; or similar combination product (already registered) to an identical or substantially similar in composition and use to a registered product; registered source of active ingredient; no data review on acute toxicity, efficacy or CRP—only product chemistry data; cite-all data citation, or selective data citation where applicant owns all required data, or applicant submits specific authorization letter from data owner Category also includes 100% re-package of registered end-use or manufacturing-use product that requires no data submission nor data matrix 4 1,582 R301 45 New product; or similar combination product (already registered) to an identical or substantially similar in composition and use to a registered product; registered source of active ingredient; selective data citation only for data on product chemistry and/or acute toxicity and/or public health pest efficacy, where applicant does not own all required data and does not have a specific authorization letter from data owner 4 1,897 R310 46 New end-use or manufacturing-use product with registered source(s) of active ingredient(s); includes products containing two or more registered active ingredients previously combined in other registered products; requires review of data package within RD only; includes data and/or waivers of data for only: Product chemistry and/or acute toxicity and/or public health pest efficacy and/or child resistant packaging 7 5,301 R314 47 New end use product containing two or more registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; requires review of data package within RD only; includes data and/or waivers of data for only: Product chemistry and/or acute toxicity and/or public health pest efficacy and/or child resistant packaging 8 6,626 R315 48 New end-use non-food animal product with submission of two or more target animal safety studies; includes data and/or waivers of data for only: Product chemistry and/or acute toxicity and/or public health pest efficacy and/or animal safety studies and/or child resistant packaging 9 8,820 R320 49 New product; new physical form; requires data review in science divisions 12 13,226 R331 50 New product; repack of identical registered end-use product as a manufacturing-use product; same registered uses only 3 2,530 R332 51 New manufacturing-use product; registered active ingredient; unregistered source of active ingredient; submission of completely new generic data package; registered uses only; requires review in RD and science divisions 24 283,215 R333 52 New product; MUP or End use product with unregistered source of active ingredient; requires science data review; new physical form; etc Cite-all or selective data citation where applicant owns all required data 10 19,838 R334 53 New product; MUP or End use product with unregistered source of the active ingredient; requires science data review; new physical form; etc Selective data citation 11 19,838
    Table 5—Registration Division—Amendments to Registration EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • R340 54 Amendment requiring data review within RD (e.g., changes to precautionary label statements) 4 3,988 R345 55 Amending non-food animal product that includes submission of target animal safety data; previously registered 7 8,820 R350 56 Amendment requiring data review in science divisions (e.g., changes to REI, or PPE, or PHI, or use rate, or number of applications; or add aerial application; or modify GW/SW advisory statement) 9 13,226 R351 57 Amendment adding a new unregistered source of active ingredient 8 13,226 R352 58 Amendment adding already approved uses; selective method of support; does not apply if the applicant owns all cited data 8 13,226 R371 59 Amendment to Experimental Use Permit; (does not include extending a permit's time period) 6 10,090
    Table 6—Registration Division—Other Actions EPA No. New CR No. Action Decision
  • review time
  • (Months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • R124 60 Conditional Ruling on Preapplication Study Waivers; applicant-initiated 6 2,530 R272 61 Review of Study Protocol applicant-initiated; excludes DART, pre-registration conference, Rapid Response review, DNT protocol review, protocol needing HSRB review 3 2,530 R275 62 Rebuttal of agency reviewed protocol, applicant initiated 3 2,530 R370 63 Cancer reassessment; applicant-initiated 18 198,250
    B. Antimicrobials Division (AD)

    The Antimicrobials Division of OPP is responsible for the processing of pesticide applications and associated tolerances for conventional chemicals intended for antimicrobial uses, that is, uses that are defined under FIFRA section 2 (mm)(1)(A), including products for use against bacteria, protozoa, non-agricultural fungi, and viruses. AD is also responsible for a selected set of conventional chemicals intended for other uses, including most wood preservatives and antifoulants. Tables 7 through 10 cover AD actions.

    Table 7—Antimicrobials Division—New Active Ingredients EPA No. New CR No. Action Decision
  • review time
  • (Months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • A380 64 New Active Ingredient Food use, establish tolerance exemption 24 114,867 A390 65 New Active Ingredient Food use, establish tolerance 24 191,444 A400 66 New Active Ingredient, Non-food use, outdoor, FIFRA § 2 (mm) uses 18 95,724 A410 67 New Active Ingredient Non-food use, outdoor, uses other than FIFRA § 2(mm) 21 191,444 A420 68 New Active Ingredient Non-food use, indoor, FIFRA § 2(mm) uses 18 63,816 A430 69 New Active Ingredient, Non-Food Use Indoor, uses other than FIFRA § 2(mm) uses 20 95,724 A431 70 New Active Ingredient, Non-food use; indoor; low-risk; low-toxicity food grade active ingredient(s); efficacy testing for public health claims required under GLP and following DIS/TSS or AD-approved study protocol 12 66,854
    Table 8—Antimicrobials Division—New Uses EPA No. New CR No. Action Decision
  • review time
  • (Months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • A440 71 New Use, First Food Use, establish tolerance exemption 21 31,910 A450 72 New use, First food use, establish tolerance 21 95,724 A460 73 New use, additional food use; establish tolerance exemption 15 12,764 A470 74 New use, additional food use, establish tolerance 15 31,910 A471 75 Additional food uses; establish tolerances; 6 or more submitted in one application 15 191,452 A480 76 New use, Additional use, non-food, outdoor; FIFRA § 2(mm) uses 9 19,146 A481 77 Additional non-food outdoor uses; FIFRA § 2(mm) uses; 6 or more submitted in one application 9 114,870 A490 78 New use, additional use, non-food, outdoor, uses other than FIFRA § 2(mm) 15 31,910 A491 79 Additional non-food; outdoor; uses other than FIFRA § 2(mm); 6 or more submitted in one application 15 191,452 A500 80 New use, additional use, non-food, indoor FIFRA § 2(mm) uses 9 12,764 A501 81 Additional non-food; indoor; FIFRA § 2(mm) uses; 6 or more submitted in one application 9 76,583 A510 82 New use, additional use, non-food, indoor, other than FIFRA § 2(mm) 12 12,764 A511 83 Additional non-food; indoor; uses other than FIFRA § 2(mm); 6 or more submitted in one application 12 76,583
    Table 9—Antimicrobials Division-New Products and Amendments EPA No. New CR No. Action Decision
  • review time
  • (Months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • A530 84 New product, identical or substantially similar in composition and use to a registered product; no data review or only product chemistry data; cite all data citation or selective data citation where applicant owns all required data; or applicant submits specific authorization letter from data owner. Category also includes 100% re-package of registered end-use or manufacturing use product that requires no data submission nor data matrix 4 1,278 A531 85 New product; identical or substantially similar in composition and use to a registered product; registered source of active ingredient: Selective data citation only for data on product chemistry and/or acute toxicity and/or public health pest efficacy, where applicant does not own all required data and does not have a specific authorization letter from data owner 4 1,824 A532 86 New product; identical or substantially similar in composition and use to a registered product; registered active ingredient; unregistered source of active ingredient; cite-all data citation except for product chemistry; product chemistry data submitted 5 5,107 A540 87 New end use product; FIFRA § 2(mm) uses only (2) (3) 5 5,107 A550 88 New end-use product; uses other than FIFRA § 2(mm); non-FQPA product 7 5,107 A560 89 New manufacturing use product; registered active ingredient; selective data citation 12 19,146 A570 90 Label amendment requiring data review 4 3,831 A572 91 New Product or amendment requiring data review for risk assessment by Science Branch (e.g., changes to REI, or PPE, or use rate) 9 13,226
    Table 10—Antimicrobials Division—Experimental Use Permits and Other Type of Actions EPA No. New CR No. Action Decision review time
  • (Months)
  • FY'16/17 registration service fee
  • ($)
  • A520 92 Experimental Use Permit application, non-food use 9 6,383 A521 93 Review of public health efficacy study protocol within AD, per AD Internal Guidance for the Efficacy Protocol Review Process; Code will also include review of public health efficacy study protocol and data review for devices making pesticidal claims; applicant-initiated; Tier 1 3 2,482 A522 94 Review of public health efficacy study protocol outside AD by members of AD Efficacy Protocol Review Expert Panel; Code will also include review of public health efficacy study protocol and data review for devices making pesticidal claims; applicant-initiated; Tier 2. 12 12,156 A523 101 Review of protocol other than a public health efficacy study (i.e., Toxicology or Exposure Protocols) 9 12,156 A524 95 New Active Ingredient, Experimental Use Permit application; Food Use Requires Tolerance. Credit 45% of fee toward new active ingredient application that follows 18 153,156 A525 96 New Active Ingredient, Experimental Use Permit application; Food Use Requires Tolerance Exemption. Credit 45% of fee toward new active ingredient application that follows 18 92,163 A526 97 New Active Ingredient, Experimental Use Permit application; Non-Food, Outdoor Use. Credit 45% of fee toward new active ingredient application that follows 15 95,724 A527 98 New Active Ingredient, Experimental Use Permit application; Non-Food, Indoor Use. Credit 45% of fee toward new active ingredient application that follows 15 63,945 A528 99 Experimental Use Permit application, Food Use; Requires Tolerance or Tolerance Exemption 15 22,337 A529 100 Amendment to Experimental Use Permit; requires data review or risk assessment 9 11,429 A571 102 Science reassessment: Cancer risk, refined ecological risk, and/or endangered species; applicant-initiated 18 95,724
    C. Biopesticides and Pollution Prevention Division (BPPD)

    The Biopesticides and Pollution Prevention Division of OPP is responsible for the processing of pesticide applications for biochemical pesticides, microbial pesticides, and plant-incorporated protectants (PIPs).

    The fee tables for BPPD actions are presented by type of pesticide rather than by type of action: Microbial and biochemical pesticides, straight chain lepidopteran pheromones (SCLPs), and PIPs. Within each table, the types of application are the same as those in other divisions. Tables 11 through 17 cover BPPD actions.

    Table 11—Biopesticides and Pollution Prevention Division—Microbial and Biochemical Pesticides; New Active Ingredients EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY'16/17
  • registration
  • service fee
  • ($)
  • B580 103 New active ingredient; food use; petition to establish a tolerance 19 51,053 B590 104 New active ingredient; food use; petition to establish a tolerance exemption 17 31,910 B600 105 New active ingredient; non-food use 13 19,146 B610 106 New active ingredient; Experimental Use Permit application; petition to establish a temporary tolerance or temporary tolerance exemption 10 12,764 B611 107 New active ingredient; Experimental Use Permit application; petition to establish permanent tolerance exemption 12 12,764 B612 108 New active ingredient; no change to a permanent tolerance exemption 10 17,550 B613 109 New active ingredient; petition to convert a temporary tolerance or a temporary tolerance exemption to a permanent tolerance or tolerance exemption 11 17,550 B620 110 New active ingredient; Experimental Use Permit application; non-food use including crop destruct 7 6,383
    Table 12—Biopesticides and Pollution Prevention Division—Microbial and Biochemical Pesticides; New Uses EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B630 111 First food use; petition to establish a tolerance exemption 13 12,764 B631 112 New food use; petition to amend an established tolerance 12 12,764 B640 113 New food use; petition to amend an established tolerance 19 19,146 B642 115 First food use; indoor; food/food handling 12 31,910 B643 114 New Food use; petition to amend tolerance exemption 10 12,764 B644 116 New use, no change to an established tolerance or tolerance exemption 8 12,764 B650 117 New use; non-food 7 6,383
    Table 13—Biopesticides and Pollution Prevention Division—Microbial and Biochemical Pesticides; New Products EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B652 118 New product; registered source of active ingredient; requires petition to amend established tolerance or tolerance exemption; requires (1) submission of product specific data; or (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 13 12,764 B660 119 New product; registered source of active ingredient(s); identical or substantially similar in composition and use to a registered product; no change in an established tolerance or tolerance exemption No data review, or only product chemistry data; cite-all data citation, or selective data citation where applicant owns all required data or authorization from data owner is demonstrated Category includes 100% re-package of registered end-use or manufacturing-use product that requires no data submission or data matrix For microbial pesticides, the active ingredient(s) must not be re-isolated 4 1,278 B670 120 New product; registered source of active ingredient(s); no change in an established tolerance or tolerance exemption; requires: (1) Submission of product specific data; or (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of a scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 7 5,107 B671 121 New product; unregistered source of active ingredient(s); requires a petition to amend an established tolerance or tolerance exemption; requires: (1) Submission of product specific data; or (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of a scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 17 12,764 B672 122 New product; unregistered source of active ingredient(s); non-food use or food use with a tolerance or tolerance exemption previously established for the active ingredient(s); requires: (1) Submission of product specific data; or (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of a scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 13 9,118 B673 123 New product MUP/EP; unregistered source of active ingredient(s); citation of Technical Grade Active Ingredient (TGAI) data previously reviewed and accepted by the Agency Requires an Agency determination that the cited data supports the new product 10 5,107 B674 124 New product MUP; Repack of identical registered end-use product as a manufacturing-use product; same registered uses only 4 1,278 B675 125 New Product MUP; registered source of active ingredient; submission of completely new generic data package; registered uses only 10 9,118 B676 126 New product; more than one active ingredient where one active ingredient is an unregistered source; product chemistry data must be submitted; requires: (1) Submission of product specific data, and (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of a scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 13 9,118 B677 127 New end-use non-food animal product with submission of two or more target animal safety studies; includes data and/or waivers of data 10 8,820
    Table 14—Biopesticides and Pollution Prevention Division—Microbial and Biochemical Pesticides; Amendments EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B621 128 Amendment; Experimental Use Permit; no change to an established temporary tolerance or tolerance exemption 7 5,107 B622 129 Amendment; Experimental Use Permit; petition to amend an established or temporary tolerance or tolerance exemption 11 12,764 B641 130 Amendment of an established tolerance or tolerance exemption 13 12,764 B680 131 Amendment; registered source of active ingredient(s); no new use(s); no changes to an established tolerance or tolerance exemption Requires data submission 5 5,107 B681 132 Amendment; unregistered source of active ingredient(s) Requires data submission 7 6,079 B683 133 Label amendment; requires review/update of previous risk assessment(s) without data submission (eg., labeling changes to REI, PPE, PHI) 6 5,107 B684 134 Amending non-food animal product that includes submission of target animal safety data; previously registered 8 8,820
    Table 15—Biopesticides and Pollution Prevention Division—Straight Chain Lepidopteran Pheromones (SCLPS) EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B690 135 New active ingredient; food or non-food use 7 2,554 B700 136 Experimental Use Permit application; new active ingredient or new use 7 1,278 B701 137 Extend or amend Experimental Use Permit 4 1,278 B710 138 New product; registered source of active ingredient(s); identical or substantially similar in composition and use to a registered product; no change in an established tolerance or tolerance exemption No data review, or only product chemistry data; cite-all data citation, or selective data citation where applicant owns all required data or authorization from data owner is demonstrated Category includes 100% re-package of registered end-use or manufacturing-use product that requires no data submission or data matrix 4 1,278 B720 139 New product; registered source of active ingredient(s); requires: (1) Submission of product specific data; or (2) citation of previously reviewed and accepted data; or (3) submission or citation of data generated at government expense; or (4) submission or citation of a scientifically-sound rationale based on publicly available literature or other relevant information that addresses the data requirement; or (5) submission of a request for a data requirement to be waived supported by a scientifically-sound rationale explaining why the data requirement does not apply 5 1,278 B721 140 New product; unregistered source of active ingredient 7 2,676 B722 141 New use and/or amendment; petition to establish a tolerance or tolerance exemption 7 2,477 B730 142 Label amendment requiring data submission 5 1,278
    Table 16—Biopesticides and Pollution Prevention Division—Other Actions EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B614 143 Conditional Ruling on Preapplication Study Waivers; applicant-initiated 3 2,530 B615 144 Rebuttal of agency reviewed protocol, applicant initiated 3 2,530 B682 145 Protocol review; applicant initiated; excludes time for HSRB review 3 2,432
    Table 17—Biopesticides and Pollution Prevention Division—Plant Incorporated Protectants (PIPS) EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • B740 146 Experimental Use Permit application; no petition for tolerance/tolerance exemption. Includes: Non-food/feed use(s) for a new or registered PIP; food/feed use(s) for a new or registered PIP with crop destruct; food/feed use(s) for a new or registered PIP in which an established tolerance/tolerance exemption exists for the intended use(s) 6 95,724 B750 147 Experimental Use Permit application; with a petition to establish a temporary or permanent tolerance/tolerance exemption for the active ingredient. Includes new food/feed use for a registered PIP 9 127,630 B770 148 Experimental Use Permit application; new PIP; with petition to establish a temporary tolerance/tolerance exemption for the active ingredient; credit 75% of B771 fee toward registration application for a new active ingredient that follows; SAP review 15 191,444 B771 149 Experimental Use Permit application; new PIP; with petition to establish a temporary tolerance/tolerance exemption for the active ingredient; credit 75% of B771 fee toward registration application for a new active ingredient that follows 10 127,630 B772 150 Application to amend or extend an Experimental Use Permit; no petition since the established tolerance/tolerance exemption for the active ingredient is unaffected 3 12,764 B773 151 Application to amend or extend an Experimental Use Permit; with petition to extend a temporary tolerance/tolerance exemption for the active ingredient 5 31,910 B780 152 Registration application; new PIP; non-food/feed 12 159,537 B790 153 Registration application; new PIP; non-food/feed; SAP review 18 223,351 B800 154 Registration application; new PIP; with petition to establish permanent tolerance/tolerance exemption for the active ingredient based on an existing temporary tolerance/tolerance exemption 12 255,324 B810 155 Registration application; new PIP; with petition to establish permanent tolerance/tolerance exemption for the active ingredient based on an existing temporary tolerance/tolerance exemption. SAP review 18 319,072 B820 156 Registration application; new PIP; with petition to establish or amend a permanent tolerance/tolerance exemption of an active ingredient 15 319,072 B840 157 Registration application; new PIP; with petition to establish or amend a permanent tolerance/tolerance exemption of an active ingredient. SAP review 21 382,886 B851 158 Registration application; new event of a previously registered PIP active ingredient(s); no petition since permanent tolerance/tolerance exemption is already established for the active ingredient(s) 9 127,630 B870 159 Registration application; registered PIP; new product; new use; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s) 9 38,290 B880 160 Registration application; registered PIP; new product or new terms of registration; additional data submitted; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s) 9 31,910 B881 161 Registration application; registered PIP; new product or new terms of registration; additional data submitted; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s). SAP review 15 95,724 B883 162 Registration application; new PIP, seed increase with negotiated acreage cap and time-limited registration; with petition to establish a permanent tolerance/tolerance exemption for the active ingredient based on an existing temporary tolerance/tolerance exemption 9 127,630 B884 163 Registration application; new PIP, seed increase with negotiated acreage cap and time-limited registration; with petition to establish a permanent tolerance/tolerance exemption for the active ingredient 12 159,537 B885 164 Registration application; registered PIP, seed increase; breeding stack of previously approved PIPs, same crop; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s) 9 95,724 B890 165 Application to amend a seed increase registration; converts registration to commercial registration; no petition since permanent tolerance/tolerance exemption is already established for the active ingredient(s) 9 63,816 B891 166 Application to amend a seed increase registration; converts registration to a commercial registration; no petition since a permanent tolerance/tolerance exemption already established for the active ingredient(s); SAP review 15 127,630 B900 167 Application to amend a registration, including actions such as extending an expiration date, modifying an IRM plan, or adding an insect to be controlled 6 12,764 B901 168 Application to amend a registration, including actions such as extending an expiration date, modifying an IRM plan, or adding an insect to be controlled. SAP review 12 76,578 B902 169 PIP Protocol review 3 6,383 B903 170 Inert ingredient tolerance exemption; e.g., a marker such as NPT II; reviewed in BPPD 6 63,816 B904 171 Import tolerance or tolerance exemption; processed commodities/food only (inert or active ingredient) 9 127,630
    Table 18—Inert Ingredients EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • I001 172 Approval of new food use inert ingredient 12 19,845 I002 173 Amend currently approved inert ingredient tolerance or exemption from tolerance; new data 10 5,513 I003 174 Amend currently approved inert ingredient tolerance or exemption from tolerance; no new data 8 3,308 I004 175 Approval of new non-food use inert ingredient 8 11,025 I005 176 Amend currently approved non-food use inert ingredient with new use pattern; new data 8 5,513 I006 177 Amend currently approved non-food use inert ingredient with new use pattern; no new data 6 3,308 I007 178 Approval of substantially similar non-food use inert ingredients when original inert is compositionally similar with similar use pattern 4 1,654 I008 179 Approval of new polymer inert ingredient, food use 5 3,749 I009 180 Approval of new polymer inert ingredient, non food use 4 3,087 I010 181 Petition to amend a tolerance exemption descriptor to add one or more CASRNs; no new data 6 1,654
    Table 19—Miscellaneous Actions EPA No. New CR No. Action Decision
  • review time
  • (months)
  • FY '16/17
  • registration
  • service fee
  • ($)
  • M001 182 Study protocol requiring Human Studies Review Board review as defined in 40 CFR Part 26 in support of an active ingredient 9 7,938 M002 183 Completed study requiring Human Studies Review Board review as defined in 40 CFR Part 26 in support of an active ingredient 9 7,938 M003 184 External technical peer review of new active ingredient, product, or amendment (e.g., consultation with FIFRA Scientific Advisory Panel) for an action with a decision timeframe of less than 12 months. Applicant initiated request based on a requirement of the Administrator, as defined by FIFRA § 25(d), in support of a novel active ingredient, or unique use pattern or application technology. Excludes PIP active ingredients 12 63,945 M004 185 External technical peer review of new active ingredient, product, or amendment (e.g., consultation with FIFRA Scientific Advisory Panel) for an action with a decision timeframe of greater than 12 months. Applicant initiated request based on a requirement of the Administrator, as defined by FIFRA § 25(d), in support of a novel active ingredient, or unique use pattern or application technology. Excludes PIP active ingredients 18 63,945 M005 186 New Product: Combination, Contains a combination of active ingredients from a registered and/or unregistered source; conventional, antimicrobial and/or biopesticide. Requires coordination with other regulatory divisions to conduct review of data, label and/or verify the validity of existing data as cited. Only existing uses for each active ingredient in the combination product 9 22,050 M006 187 Request for up to 5 letters of certification (Gold Seal) for one actively registered product 1 277 M007 188 Request to extend Exclusive Use of data as provided by FIFRA Section 3(c)(1)(F)(ii) 12 5,513 M008 189 Request to grant Exclusive Use of data as provided by FIFRA Section 3(c)(1)(F)(vi) for a minor use, when a FIFRA Section 2(ll)(2) determination is required 10 1,654
    V. How To Pay Fees

    Applicants must submit fee payments at the time of application, and EPA will reject any application that does not contain evidence that the fee has been paid. EPA has developed a Web site at http://www.epa.gov/pesticides/fees/tool/index.htm to help applicants identify the fee category and the fee. All fees should be rounded up to the whole dollar. Due to changes mandated by the U.S. Department of the Treasury, checks, bank drafts and money orders are no longer acceptable as of September 30, 2015. Credit card payments are only acceptable for amounts less than or equal to $25,000. All payments above $25,000 can be made by electronic funds transfer via www.pay.gov.

    A. Online

    You may pay electronically through the government payment Web site www.pay.gov.

    1. From the pay.gov home page, under “Find Public Forms.”

    2. Select “search by Agency name.”

    3. On the A-Z Index of Forms page, select “E.”

    4. Select “Environmental Protection Agency.”

    5. From the list of forms, select “Pre-payment of Pesticide Registration Improvement Act Fee.”

    6. Complete the form entering the PRIA fee category and fee.

    7. Keep a copy of the pay.gov acknowledgement of payment. A copy of the acknowledgement must be printed and attached to the front of the application to assure that EPA can match the application with the payment.

    VI. How To Submit Applications

    Submissions to the Agency should be made at the address given in Unit VII. The applicant should attach documentation that the fee has been paid which in most cases will be pay.gov payment acknowledgement. If the applicant is applying for a fee waiver, the applicant should provide sufficient documentation as described in FIFRA section 33(b)(7) and http://www.epa.gov/pesticides/fees/questions/waivers.htm. The fee waiver request should be easy to identify and separate from the rest of the application and submitted with documentation that at least 25% of the fee has been paid.

    If evidence of fee payment (electronic acknowledgement) is not submitted with the application, EPA will reject the application and will not process it further.

    After EPA receives an application and payment, EPA performs a screen on the application to determine that the category is correct and that the proper fee amount has been paid. If either is incorrect, EPA will notify the applicant and require payment of any additional amount due. A refund will be provided in case of an overpayment. EPA will not process the application further until the proper fee has been paid for the category of application or a request for a fee waiver accompanies the application and the appropriate portion of the fee has been paid.

    EPA will assign a unique identification number to each covered application for which payment has been made. EPA notifies the applicant of the unique identification number. This information is sent by email if EPA has either an email address on file or an email address is provided on the application.

    VII. Addresses for Applications

    New covered applications should be identified in the title line with the mail code REGFEE.

    • By U.S. Postal Service mail. Document Processing Desk (REGFEE), Office of Pesticide Programs (7504P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0001.

    • By courier. Document Processing Desk (REGFEE), Office of Pesticide Programs, U.S. Environmental Protection Agency, Room S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive, Arlington, VA 22202-4501.

    Couriers and delivery personnel must present a valid picture identification card to gain access to the building. Hours of operation for the Document Processing Desk are 8 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

    List of Subjects

    Environmental protection, Administrative practice and procedure, Pesticides.

    Dated: September 15, 2015. Marty Monell, Acting Director, Office of Pesticide Programs.
    [FR Doc. 2015-24064 Filed 9-21-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2015-0636; FRL-9934-48-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed consent decree; request for public comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by WildEarth Guardians, HEAL Utah, National Parks Conservation Association, and Sierra Club (collectively, “Plaintiffs”): Wildearth Guardians, et al. v. EPA, No. 1:15-cv-00630 (D. CO). In 2012, EPA issued a rule partially disapproving a revision to a state implementation plan (SIP) submitted by Utah to address the State's “best available retrofit technology” (“BART”) determination for Units 1 and 2 of the Hunter power plant and Units 1 and 2 of the Huntingdon power plant. In its lawsuit, Plaintiffs alleged that EPA has failed to meet the requirement of the Clean Air Act that the Agency promulgate a federal implementation plan (FIP) within two years of partially disapproving a SIP, in whole or in part. The proposed consent decree establishes proposed and final deadlines for EPA to take action to meet its obligations with respect to Utah.

    DATES:

    Written comments on the proposed consent decree must be received by October 22, 2015.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2015-0636, online at www.regulations.gov (EPA's preferred method); by email to [email protected]; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above.

    FOR FURTHER INFORMATION CONTACT:

    M. Lea Anderson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-5571; fax number (202) 564-5603; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Additional Information About the Proposed Consent Decree

    On October 30, 2012, EPA partially disapproved a revision to the Utah SIP intended to address the regional haze requirements of the Clean Air Act. 77 FR 74355 (Dec. 14, 2012). When EPA disapproves a SIP submission in whole or in part, section 110(c) of the Act requires EPA to promulgate a FIP within two years unless the State corrects the deficiency and EPA approves the plan revision. On July 22, 2015, Plaintiffs filed an amended consolidated complaint in the United States District Court for the Northern District of Colorado alleging that EPA had failed to promulgate a FIP for Utah as required by the Clean Air Act.

    The proposed consent decree would resolve the lawsuit filed by Plaintiffs by establishing that EPA must take proposed action by November 19, 2015 and final action by March 31, 2016, to address the deficiencies in Utah's SIP revision regarding the State's BART determination for Units 1 and 2 of the Hunter power plant and Units 1 and 2 of the Huntingdon power plant. See the proposed consent decree for the specific details.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who were not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed.

    II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2015-0636) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search”.

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD-ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: September 14, 2015. Lorie J. Schmidt, Associate General Counsel.
    [FR Doc. 2015-24099 Filed 9-21-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0296; FRL-9933-58] Product Cancellation Order and/or Amendments To Terminate Uses for Certain Pesticide Registrations AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's order for the cancellations and/or amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 and 2 of Unit II., pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This cancellation order follows a July 8, 2015 Federal Register Notice of Receipt of Requests from the registrants listed in Table 3 of Unit II to voluntarily cancel and/or amend these product registrations. In the July 8, 2015 notice, EPA indicated that it would issue an order implementing the cancellations and/or amendments to terminate uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received comments on the notice but none merited its further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and/or amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

    DATES:

    The cancellations and/or amendments are effective September 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Khue Nguyen, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 347-0248; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0296, 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.

    II. What action is the Agency taking?

    This notice announces the cancellation and/or amendments to terminate uses, as requested by registrants, of products registered under FIFRA section 3 (7 U.S.C. 136a). These registrations are listed in sequence by registration number in Table 1 and Table 2 of this unit.

    Table 1—Product Cancellations EPA Registration No. Product name Chemical name 100-1217 Gramoxone Inteon Paraquat dichloride. 100-1316 Cyclone Star Carfentrazone-ethyl, paraquat dichloride. 279-3183 Matador Herbicide Quizalofop-p-ethyl. 352-522 a DuPont Glean Fertilizer Compatible Herbicide Chlorsulfuron. 352-586 a DuPont Canvas Herbicide Metsulfuron, thifensulfuron-methyl, tribenuron-methyl. 2724-819 Pyrocide Pressurized Ant & Roach Spray Propoxur, pyrethrins, piperonyl butoxide, MGK 264. 9468-33 Kull 41 S Glyphosate. 9468-34 Kull 62 MUP Glyphosate. 9468-35 Kull TGAI Glyphosate Glyphosate. 59639-109 a Flufenpyr-ethyl Technical Flufenpyr-ethyl. 59639-110 a S-3153 WDG Herbicide Flufenpyr-ethyl. 70596-6 Dichlorprop-p Technical Dichlorprop-p. 70596-13 Dichlorprop-p (Technical Grade) Dichlorprop-p. NV020006 Moncut 70-DF Flutolanil. a There are no existing stocks of these product registrations and no requests for existing stocks provisions. Therefore no existing stocks provision is provided for these product registrations. Table 2—Product Registration Amendments To Terminate One or More Uses EPA Registration No. Product name Chemical name Uses terminated 2724-818 Pyrocide Intermediate 7045 Propoxur, MGK 264, piperonyl butoxide, pyrethrins Indoor aerosol, spray, and liquid formulations; use in food handling establishments and indoor crack and crevice use. 2724-820 Propoxur Technical Insecticide Propoxur Indoor aerosol, spray, and liquid formulations; use in food handling establishments and indoor crack and crevice use. 2724-821 Propoxur 70% Concentrate Propoxur Indoor aerosol, spray, and liquid formulations; use in food handling establishments and indoor crack and crevice use. 5905-250 Fyfanon 8 lb. Emulsion Malathion Cull fruits and vegetable dumps. 89867-2 Airgas Sulfur Dioxide Sulfur dioxide Grapes.

    Table 3 of this unit includes the names and addresses of record for all registrants of the products in Table 1 and 2 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in Table 1 and 2 of this unit.

    Table 3—Registrants of Cancelled and/or Amended Products EPA Company No. Company name and address 100 Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. 279 FMC Corporation, 1735 Market Street, Philadelphia, PA 19103. 352 E. I. DuPont de Nemours and Company, 1007 Market St., Wilmington, DE 19898. 2724 Wellmark International, 1501 E. Woodfield Road, Suite 200, West Schaumburg, IL 60173. 5905 Helena Chemical Company, 7664 Smythe Farm Road, Memphis, TN 38120. 9468 Ritter Chemical, LLC, 9300 Baythorne Dr., Houston, TX 77041. 59639 Valent USA Corporation, 1600 Riviera Avenue, Suite 200, Walnut Creek, CA 94596. 70596 Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 71711 Nichino America, Inc., 4550 New Linden Hill Road, Suite 501, Wilmington, DE 19808. 89867 Airgas USA, LLC, 7217 Lancaster Pike, Suite A, P.O. Box 640, Hockessin, DE 19707. III. Summary of Public Comments Received and Agency Response to Comments

    During the public comment period provided, EPA received one comment from a private citizen who is opposed to the proposed cancellation of the indoor crack and crevice use of propoxur. The citizen disagrees with the Agency's methodology for assessing the risks from propoxur exposure via the incidental oral exposure pathway. The propoxur risk assessment was conducted in accordance with current EPA science policies for assessing indoor crack and crevice uses. That assessment identified exposure and risk estimates that are of concern for this exposure pathway for propoxur. As a result of these findings, Wellmark International has requested to voluntarily cancel these uses. The Agency does not believe that the comment submitted during the comment period merits further review or a denial of the request for the amendment to terminate uses.

    IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby approves the requested cancellations and/or amendments to terminate uses of the registrations identified in Table 1 and 2 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 and 2 of Unit II are canceled and/or amended to terminate the affected uses. The effective date of the cancellations that are the subject of this notice is September 22, 2015. Any distribution, sale, or use of existing stocks of the products identified in Table 1 and 2 of Unit II in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI will be a violation of FIFRA.

    V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment in the Federal Register of July 8, 2015 (80 FR 39100) (FRL-9928-54). The comment period closed on August 7, 2015.

    VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. The existing stocks provisions for the products subject to this order are as follows.

    A. For Products 352-522, 352-586, and 59639-109 Identified in Table 1 of Unit II

    The registrants reported to the Agency via written correspondence that there are no existing stocks of EPA registration numbers 352-522, 352-586, and 59639-109. Therefore, no existing stocks provision was requested by or is needed for these registrants. The registrants will be prohibited from selling or distributing these products upon cancellation of these products, which will be September 22, 2015, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

    Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks of the affected products until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled product.

    B. For All Other Products Identified in Table 1 of Unit II

    For the other voluntary product cancellations noted in Table 1 of Unit II, the registrants will be permitted to sell and distribute existing stocks of voluntarily canceled products for 1 year after the effective date of the cancellation, which will be September 22, 2016. Thereafter, registrants will be prohibited from selling or distributing the products identified in Table 1 of Unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal.

    Persons other than the registrant may sell, distribute, or use existing stocks of the affected canceled products until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.

    C. For All Products Identified in Table 2 of Unit II

    Once EPA has approved product labels reflecting the amendments to terminate uses for the products identified in Table 2 of Unit II, registrants will be permitted to sell or distribute products under the previously approved labeling for a period of 18 months after the date of Federal Register publication of this cancellation order, which will be March 22, 2017 unless other restrictions have been imposed. Thereafter, registrants will be prohibited from selling or distributing the products whose labels include the terminated uses identified in Table 2 of Unit II, except for export consistent with FIFRA section 17 or for proper disposal.

    Persons other than the registrant may sell, distribute, or use existing stocks of the products whose labels include the terminated uses until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the products with the terminated uses.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: September 11, 2015. Richard P. Keigwin, Jr., Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.
    [FR Doc. 2015-24058 Filed 9-21-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Issuance of Exposure Draft on Implementation Guidance for Internal Use Software AGENCY:

    Federal Accounting Standards Advisory Board.

    ACTION:

    Notice.

    Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in October, 2010, notice is hereby given that the Accounting and Auditing Policy Committee (AAPC) has issued a Federal Financial Accounting Technical Release Exposure Draft entitled Implementation Guidance for Internal Use Software.

    The Exposure Draft is available on the FASAB Web site: http://www.fasab.gov/board-activities/documents-for-comment/exposure-drafts-and-documents-for-comment/.

    Copies can be obtained by contacting FASAB at (202) 512-7350.

    Respondents are encouraged to comment on any part of the exposure draft. Written comments are requested by October 28, 2015, and should be sent to: Wendy M. Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street NW., Suite 6814, Mail Stop 6H19, Washington, DC 20548.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Payne, Executive Director, at (202) 512-7350.

    Authority:

    Federal Advisory Committee Act, Pub. L. 92-463.

    Dated: September 17, 2015. Charles Jackson, Federal Register Liaison Officer.
    [FR Doc. 2015-24071 Filed 9-21-15; 8:45 am] BILLING CODE 1610-02-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 7, 2015.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Lee H. Pell, Saint Peter, Minnesota, individually; and with Shari L. Brostrom, Kasota, Minnesota; W. Benjamin Pell, Saint Peter, Minnesota; James Brostrom, Kasota, Minnesota; Matthew Brostrom, Saint Peter, Minnesota; Pell, Inc., Saint Peter, Minnesota; Brittany A. Pell, Saint Peter, Minnesota; Joanna L. Pell; Saint Peter, Minnesota; Kristina L. Pell, Minneapolis, Minnesota; the Sandra S. Pell Irrevocable Trust, Saint Peter, Minnesota, all as co-trustees, and Paul H. Tanis, Jr., Saint Peter, Minnesota; Linda M. Pell, Saint Peter, Minnesota; Lola Grace Pell, Saint Peter, Minnesota; Samantha T. Pell, Saint Peter, Minnesota; Sandra S. Pell, Saint Peter, Minnesota; and Thomas C. Pell, Saint Peter, Minnesota, as trustees, as a group acting in concert, to retain voting shares of BanCommunity Service Corporation, and thereby indirectly retain voting shares of First National Bank Minnesota, both in Saint Peter, Minnesota.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Testamentary Trust; Catharine Coble Armstrong Jorgensen, individually and as Trustee of the Catharine C. Whittenburg Testamentary Trust; Catharine C. Whittenburg Armstrong, as Trustee of the Catharine C. Whittenburg Testamentary Trust; and Stewart L. Armstrong, individually and as Trustee of The Alice Foultz 2015 Kleberg Bank Stock Trust, The Martin W. Clement II 2015 Kleberg Bank Stock Trust, The Leslie Clement Family Trust 2015 Kleberg Bank Stock Trust, The Henrietta P. C. Hildebrand Trust of 2007 2015 Kleberg Bank Stock Trust, The Ida Clement Steen 2015 Kleberg Bank Stock Trust, The Charles M. Armstrong III 2015 Kleberg Bank Stock Trust, The Stewart L. Armstrong, Jr. 2015 Kleberg Bank Stock Trust, and The Mia Armstrong Brous 2015 Kleberg Bank Stock Trust, all as members of the Armstrong Family Group; to acquire voting shares of Kleberg & Company Bankers, Inc., and thereby indirectly acquire voting shares of Kleberg Bank, N.A., both in Kingsville, Texas.

    Board of Governors of the Federal Reserve System, September 17, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-24036 Filed 9-21-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions, and Delegations of Authority

    Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 80 FR 34643-34644, dated June 17, 2015) is amended to reflect the reorganization of the Office of the Director, Centers for Disease Control and Prevention.

    Section C-B, Organization and Functions, is hereby amended as follows:

    Delete in its entirety the function statements for the Office of Director (CA) and insert the following:

    Office of the Director (CA). (l) Manages and directs the activities of the Centers for Disease Control and Prevention (CDC); (2) provides leadership for the implementation of CDC's responsibilities related to disease prevention and control; (3) advises the Assistant Secretary for Health and the Surgeon General on policy matters concerning CDC activities; (4) participates in the development of CDC goals and objectives; (5) provides overall direction and coordination to the epidemiologic activities of CDC; (6) coordinates CDC response to health emergencies; (7) provides liaison with other governmental agencies, international organizations including the World Health Organization and the U.S. Agency for International Development, learning institutions, and other outside groups; (8) coordinates, in collaboration with the Public Health Service (PHS) Office of International Health, international health activities relating to disease prevention and control; (9) in cooperation with PHS Regional Offices, provides or obtains technical assistance for State and local health departments and private and official agencies as needed; (10) provides overall direction to, and coordination of, the scientific/medical programs of CDC; (11) oversees and provides leadership for laboratory science, safety, and quality management; (12) plans, promotes, and coordinates an ongoing program to assure equal employment opportunities in CDC; (13) provides leadership, coordination, and assessment of administrative management activities; (14) coordinates with appropriate PHS staff offices on administrative and program matters; (15) coordinates the consumer affairs activities for CDC; and (16) provides leadership, policy guidance, coordination, technical expertise, and services to promote the development and implementation of the agency's Genomics Program.

    After the title and mission statement for CDC Washington Office (CAB), insert the following:

    Office of the Associate Director for Laboratory Science and Safety (CAC). In carrying out its mission, the Office of the Associate Director for Laboratory Science and Safety: (1) Provides scientific, technical, and managerial expertise and leadership in the development and enhancement of laboratory safety programs; and (2) oversees and monitors the development, implementation, and evaluation of the laboratory safety and quality management programs across CDC.

    Delete in its entirety the function statements for the Office of the Chief of Staff (CAT) and insert the following:

    Office of the Chief of Staff (CAT). The Office of the Chief of Staff (OCS) is accountable for providing strategic advice to the Director and ensuring proactive coordination of agency-wide priorities and policies in direct support of CDC's mission. In carrying out its mission, OCS: (1) Serves as the principal advisor to the Director on internal and external affairs of CDC; (2) convenes key leadership for assessment, management, mitigation options, and resolution of issues and initiatives affecting CDC's priorities and goals; (3) provides information to senior management, as necessary, to make timely strategic and operational decisions; (4) assists in assuring that CDC viewpoints are appropriately represented in the decision making process; (5) provides leadership in the resolution of issues that cross organizational lines; (6) assists in determining CDC objectives and priorities; (7) provides a conduit for background information and updates on controversial or sensitive issues that may be raised by CDC Foundation constituents; (8) serves as one of the Director's primary strategic liaisons with staff, partners and the community at large, strengthening and expanding priority business partnerships and strategic engagements; and (9) represents the Office of the Director (OD) on any council or CDC peer organizations on management and operational matters.

    Office of the Director (CAT1). (1) Directs, manages, and coordinates the activities of the OCS; (2) provides executive support for the Immediate Office of the Director; (3) oversees functions of the Meeting and Advance Team Management Activity, and Budget and Operations Management Activity; and (4) develops goals and objectives, provides leadership, policy formation, oversight, and guidance in program planning and development.

    Meeting and Advance Team Management Activity (CAT12). (1) Coordinates and manages the Director's schedule, travel, and oversees the development of briefing materials; (2) manages executive and senior level meetings, inclusive of preparing for and conducting leadership meetings and identifying, triaging, supervising and tracking action items stemming from these leadership meetings; (3) oversees all activities related to the Advisory Committee to the Director and its subcommittees and workgroups; (4) coordinates CDC Foundation requests for the Director and senior leadership appearances at board meetings, special events, speaking engagements, and similar external events; and (5) manages OD-level special events and VIP visits.

    Budget and Operations Management Activity (CAT13). (1) Interfaces on behalf of the OD with CDC budget and operations personnel on cross-cutting functions; (2) coordinates the development, implementation, tracking (including spending plan), and reporting of OD budget; (3) oversees administrative functions for OD, including strategic recruitment, personnel actions, training and employee development, space requests and allocation, procurement and distribution of equipment and supplies; (4) manages temporary senior staff within OD such as staff on details and Intergovernmental Personnel Actions; (5) reviews request for official reception and representation funds; and (6) organizes plans for safety, security, asset and information management for OD and OCS.

    Public Private Partnerships Team (CAT14). (1) Coordinates and furthers strategic partnerships and private sector engagement activities with an emphasis on business sector; (2) serves as a primary point of contact with the CDC Foundation, specifically for coordination and decision support with other pre-established points of contact across CDC; (3) provides an avenue of outreach to the corporate and philanthropic sector about CDC's critical priorities and sponsors/convenes in support of OD; (4) coordinates approval of all draft proposals for new project partnerships involving CDC and the CDC Foundation; and (5) leads conflict of interest review of all gifts offered to the agency.

    Division of Issues Management, Analysis and Coordination (CATC)

    (1) Identifies and triages issues across OD in collaboration with agency leadership to ensure efficient responses to the Director's priority issues, and helps position CDC to take advantage of emerging opportunities; (2) supports key leadership in assessment, management, mitigation options, and resolution of issues and initiatives affecting CDC's priorities and goals and ensures controlled correspondence responses and reports reflect CDC/ATSDR's priorities and positions on critical public health issues; (3) establishes an environmental scanning system and network throughout CDC to identify urgent and high risk issues and opportunities related to the Director's priorities and coordinates the use of the official CDC/ATSDR controlled correspondence tracking system throughout CDC; (4) convenes teams to assess, analyze, manage and provide mitigation options and resolution of risks; (5) cultivates strong vertical and horizontal relationships to facilitate effective issues management within OD, with the Centers/Institute/Offices (CIOs) and with the Department of Health and Human Services (HHS); (6) communicates findings and status of current and ongoing issues, trends and opportunities to senior leadership, CIOs and HHS through formal advisories, alerts and briefings on key agency issues; (7) serves as the focal point for the analysis, technical review, and final clearance of controlled correspondence, non-scientific policy documents and memoranda of understanding/agreement that require approval from the Director and senior leadership, and for a wide variety of documents that require the approval of various officials within HHS; (8) works in collaboration with other OD offices to build issues management capacity throughout the agency through training and networking with CIO leadership and staff; (9) provides integrated policy analysis and strategic consultation to the Director and senior leadership on major issues affecting CDC; (10) liaises with HHS Office of the Secretary as appropriate on critical issues on behalf of the Chief of Staff and serves as the point of contact with HHS Immediate Office of the Secretary, Executive Secretariat, for status of Secretary's controlled correspondence and review clear of non-scientific documents; (11) provides a forum for OD offices for discussion and decision-making on policy related issues and Director priorities and manages controlled correspondence and clearance of non-scientific documents including the flow of decision documents and correspondence for action by the Director; (12) provides leadership in identifying regulatory priorities and supports development of regulations for the Department and coordinates inspector general and General Accountability Office audit and evaluation engagements related to CDC/ATSDR; (13) tracks and coordinates review of clearance of regulations under development and serves as CDC's point of contact for the Federal Document Management System and maintains all official records relating to the decisions and official actions of the Director; (14) develops and distributes leadership reports, including the White House/HHS Weekly Cabinet Report and weekly situation reports on emerging issues impacting HHS and the White House; (15) manages internal communication for OCS; (16) manages the electronic signature of the Director and other OD executives, ensures consistent application of CDC correspondence standards and styles and ensures agency training and communication updates on the controlled correspondence; and (17) coordinates the activities related to OD liaison officer function during a CDC Emergency Operations Center activation.

    James Seligman, Acting Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2015-23636 Filed 9-21-15; 8:45 am] BILLING CODE 4160-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions, and Delegations of Authority

    Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 80 FR 34643-34644, dated June 6, 2015) is amended to reflect the reorganization of the National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention.

    Section C-B, Organization and Functions, is hereby amended as follows:

    After the title and the function statement for the Western States Division (CCQ) insert the following:

    Pittsburgh Mining Research Division (CCR). Provides leadership for the prevention of work-related illness, injury, and fatalities of mine workers through research and prevention activities of the Pittsburgh Mining Research Division (PMRD). Specifically PMRD: (1) Conducts field studies to identify emerging hazards, to understand the underlying causes of mine safety and health problems, and to evaluate the effectiveness of interventions; (2) develops engineering and behavioral-based interventions, including training programs, to improve safety and health in the mines, trains mine safety and health instructors, and for evaluation purposes, conducts mine emergency, mine rescue and escape training for miners and mine rescue teams; (3) performs research, development, and testing of new technologies, equipment, and practices to enhance mine safety and health; (4) develops best practices guidance for interventions; (5) transfers mining research and prevention products into practice; and (6) coordinates, with the Spokane Mining Research Division, NIOSH research and prevention activities for the mining sector.

    Health Communications, Surveillance and Research Support Branch (CCRB). (1) Collects and analyzes health and safety data related to mining occupations in order to report on the overall incidence, prevalence and significance of occupational safety and health problems in mining; (2) describes trends in incidence of mining-related fatalities, morbidity, and traumatic injury; (3) conducts surveillance on the use of new technology, the use of engineering controls, and the use of protective equipment in the mining sector; (4) coordinates surveillance activities with other NIOSH surveillance initiatives; (5) provides statistical support for surveillance and research activities of the division; (6) analyzes and assists in the development of research protocols for developing studies; (7) coordinates planning, analysis, and evaluation of the mining research program for achieving organizational goals; (8) collaborates with research staff to translate findings from laboratory research to produce compelling products that motivate the mining sector to engage in improved injury control and disease prevention activities; (9) coordinates with other health communication, health education, and information dissemination activities within NIOSH and CDC to ensure that mining research information is effectively integrated into the CDC dissemination and intervention strategies; and (10) supports mining research through the development and application of computational tools and techniques that advance the understanding and mitigation of mining health and safety problems.

    Ground Control Branch (CCRC). (1) Conducts laboratory and field investigations of catastrophic events such as cataclysmic structural or ground failures to better understand cause and effect relationships that initiate such events; (2) designs, evaluates, and implements appropriate intervention strategies and engineering controls to prevent ground failures; (3) develops, tests, and promotes the use of rock safety engineering prediction and risk evaluation systems for control or reduction of risk; (4) conducts laboratory and field investigations of surface mining operations to ensure appropriate engineering designs to prevent slope and highwall failures; (5) conducts research using a variety of techniques including numerical modeling and laboratory testing and experiments to ensure a full understanding of rock behavior and performance during rock excavation and mining operations; (6) develops, tests, and demonstrates sensors, predictive models, and engineering control technologies to reduce miners risk for injury or death; and (7) conducts research investigations using a wide-variety of measurement and sensor technologies including in-mine and surface systems and technologies to ensure the structural stability of mining operations.

    Dust, Ventilation and Toxic Substances Branch (CCRD). (1) Develops, plans, and implements a program of research to develop or improve personal and area direct reading instruments for measuring mining contaminants including, but not limited to, respirable dust, silica, diesel particulates and exhaust and a variety of toxic and other potentially harmful exposures; (2) conducts field tests, experiments, and demonstrations of new technology for monitoring and assessing mine air quality; (3) designs, plans, and implements laboratory and field research to develop airborne hazard reduction control technologies; (4) carries out field surveys in mines to identify work organization strategies that could result in reduced dust exposures, diesel particulate exposures, toxic substance exposures and exposures to other potentially harmful exposures; (5) evaluates the performance, economics, and technical feasibility of engineering control strategies, novel approaches, and the application of new or emerging technologies for underground and surface mine dust and respiratory hazard control systems; (6) develops and evaluates implementation strategies for using newly developed monitors and control technology for exposure reduction or prevention; and (7) conducts field and laboratory experiments on mine ventilation systems to develop improved technologies and strategies for applications to dust control, gas control, diesel exhaust control to ensure safe and healthy conditions for underground miners.

    Human Factors Branch (CCRE). Seeking to improve the health and safety of mineworkers, the branch systematically identifies, understands, and evaluates interactions within the mining work system, including the organizational and physical environment, tools and technology, job tasks and social factors. Researchers use a range of established and novel methods to study how the interactions among various individual, environmental, and organizational factors, along with tools and technology affect the mining work process and work system, and how these processes impact worker perceptions, decisions, behavior, health and well-being. The branch: (1) Conducts research with an overarching focus on the human component in the mining workplace system and in the mine emergency response system including: Designing and testing of proposed interventions related to workplace safety management systems and mine emergency response, rescue and escape systems, including demonstrations of proposed technologies using laboratory mock-ups, full-scale demonstrations at the division's experimental mines, assessments and demonstrations in the branch's virtual reality immersive environment research labs, and field evaluations in operating mines; (2) develops interventions, conducts evaluations and recommends intervention implementation strategies for injury prevention and control technologies developed by the division; (3) conducts human factors research related to worker perceptions, judgment and decision making, hazard recognition, human behavior; and (4) provides effective training and work place organization techniques and strategies for mining.

    Electrical and Mechanical Systems Safety Branch (CCRF). (1) Conducts laboratory, field, and computer modeling research to assess the health and safety relevance of mining equipment design features; (2) using scientific and engineering techniques, analyzes case-studies of injuries and fatalities resulting from mining equipment and develops interventions and strategies for reducing or eliminating the hazards; (3) conducts laboratory and field research to assess the safety hazards of electrical systems used in mining operations and develops interventions and strategies to reduce or eliminate the hazards; (4) develops novel approaches for improving the operational safety of working around, and on, mining machinery; and (5) conducts laboratory and field research on communication systems, tracking systems and monitoring systems as needed to ensure their viability and safety during routine mining operations as well as post-disaster conditions.

    Fires and Explosions Branch (CCRG). (1) Conducts experiments and studies at the Bruceton Experimental Mine, the Bruceton Safety Research Coal Mine, and similar facilities as well as field experiments at operating mines to prevent catastrophic events such as mine explosions, mine fires, and gas and water inundations to better understand cause and effect relationships which initiate such events; (2) develops new or improved strategies and technologies for mine fire prevention, detection, control, and suppression; (3) investigates and develops an understanding of the critical parameters and their interrelationships governing the mitigation and propagation of explosions, and develops and facilitates the implementation of interventions to prevent mine explosions; (4) develops new controls and strategies for eliminating explosions or fires or minimizing the impact of explosions on the safety of mine workers by improving suppression systems, improving detection of sentinel events; (5) works with the mining industry and other government agencies to ensure research gaps and technology needs are met for preventing any and all types of events that could lead to mine explosions, sustained fires or inundations; and (6) identifies and evaluates emerging health and safety issues as mining operations move into more challenging and dangerous geologic conditions.

    Workplace Health Branch (CCRH). (1) Plans and conducts laboratory and field research on all aspects of workplace health including noise-induced hearing loss in miners, cumulative and repetitive injuries and the identification of potential related health and safety hazards; (2) specific to excessive noise levels, conducts field dosimetric and audiometric surveys to assess the extent and severity of the problem; (3) specific to cumulative and repetitive injuries, conducts laboratory and field studies to identify the risk factors most responsible for causing injuries to mine workers at surface and underground operations and develops interventions, conducts evaluations and recommends intervention strategies for cumulative and repetitive injuries; (4) conducts field and laboratory research to identify noise generation sources and develops, tests, and demonstrates new control technologies for noise reduction; (5) evaluates the technical and economic feasibility of noise reduction controls; (6) designs and conducts surveillance based research studies to identify and classify risk factors that cause, or may cause, repetitive and cumulative injuries to miners; (7) conducts research studies to further the understanding of operating equipment on the role of mine worker musculoskeletal disorders in the underground and surface environment; and (8) develops strategies, technologies and approaches for improving the operational aspects of mining systems for mine worker comfort and health.

    Spokane Mining Research Division (CCS). (1) Provides leadership for prevention of work-related illness, injury, and death in the mining industry with an emphasis on the special needs in the western United States; (2) develops numerical models and conducts laboratory and field investigations to better understand the causes of catastrophic failures in underground metal/nonmetal mines that may lead to multiple injuries and fatalities; (3) develops new design practices and tools, control technologies, and work practices to reduce the risk of these global and local ground failures in underground metal/nonmetal mines; (4) conducts numerical studies and field investigations to understand the problems of ventilating deep and multilevel underground mines, and develops improved design approaches and engineering controls to reduce the concentration of toxic substances in the mine air; (5) conducts laboratory and field studies to help leverage and support the Institute's mining research program; (6) develops and recommends appropriate criteria for new standards, NIOSH policy, documents, or testimony related to health and safety in the mining industry.

    Delete in its entirety the title and function statements for the Office of Mine Safety and Health Research (CCM).

    James Seligman, Acting Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2015-24007 Filed 9-21-15; 8:45 am] BILLING CODE 4160-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-15-0941; Docket No. CDC-2015-0084] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection entitled Evaluation of Dating Matters: Strategies to Promote Healthy Teen Relationships. CDC will use the information to continue the ongoing longitudinal follow-up for CDC's teen dating violence (TDV) prevention initiative, Dating Matters®: Strategies to Promote Healthy Teen Relationships.

    DATES:

    Written comments must be received on or before November 23, 2015.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2015-0084 by any of the following methods:

    Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Evaluation of Dating Matters®: Strategies to Promote Healthy Teen Relationships (OMB Control Number 0920-0941, expiration date 5/30/2016)—Revision—National Center for Injury Prevention and Control (NCIPC), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The Centers for Disease Control and Prevention (CDC) is seeking a revision request that will enable continued longitudinal follow-up for CDC's teen dating violence (TDV) prevention initiative, Dating Matters®: Strategies to Promote Healthy Teen Relationships. The initial evaluation of this initiative, a cluster randomized controlled trial (RCT), is covered under the current OMB-approved Information Collection Request entitled, “Evaluation of Dating Matters®: Strategies to Promote Healthy Teen Relationships,” (OMB Control Number 0920-0941, Expiration 5/30/2016). Approval of this revision request will allow us to continue to assess the effectiveness of the CDC-developed comprehensive approach to TDV for longer-term follow-up as the students in our sample age and their engagement in dating relationships increases. The current evaluation of Dating Matters® tests a comprehensive approach to prevent TDV among youth in high-risk urban communities.

    In order to address gaps in effective prevention programming for youth in urban communities with high crime and economic disadvantage, who may be at highest risk for TDV perpetration and victimization, Dating Matters® focuses on middle school youth with universal primary prevention strategies aimed at building a foundation of healthy relationship skills before dating and/or TDV is initiated. All data collected as part of this request will be used in the longitudinal outcome evaluation of the Dating Matters® initiative. No teen dating violence comprehensive program has been developed and implemented specifically for high risk urban communities. Further, no other data source exists to examine the effectiveness of the Dating Matters® initiative for preventing dating violence.

    The evaluation utilizes a cluster randomized design in which 46 schools in four funded communities (Alameda County, California; Baltimore, Maryland; Broward County, Florida; and, Chicago, Illinois), were randomized to either Dating Matters® or standard practice, and we seek to continue evaluation activities in these four communities. Therefore, this data collection is critical to understand the effectiveness, feasibility, and cost of Dating Matters® and to inform decisions about disseminating the program to other communities.

    OMB approval is requested for three years for this revision. The only cost to respondents will be time spent on responding to the survey.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per response
  • (in hrs.)
  • Total burden hours
  • (in hrs.)
  • Student Program Participant Student Outcome Survey Follow-up—Attachment E: and web version 4,399 1 45/60 3,299 Total 3,299
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-24030 Filed 9-21-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Announcement of Requirements and Registration for Healthcare Associated Venous Thromboembolism Prevention Challenge Authority:

    15 U.S.C. 3719

    AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    Award Approving Official: Thomas R. Frieden, MD, MPH, Director, Centers for Disease Control and Prevention, and Administrator, Agency for Toxic Substances and Disease Registry.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) located within the Department of Health and Human Services (HHS) announces the launch of the Healthcare Associated Venous Thromboembolism (HA-VTE) Prevention Challenge on November 2, 2015. The challenge will be open until January 10, 2016.

    Venous thromboembolism (VTE), blood clots occurring as deep vein thrombosis (DVT), pulmonary embolism (PE), or both, is an important and growing public health issue. Prevention of healthcare associated VTE (HA-VTE) is a national hospital safety priority. Many HA-VTEs can be prevented, but VTE prevention strategies and are still not being applied regularly or effectively across the United States.

    To support and promote HA-VTE prevention, HHS/CDC is announcing the 2015 HA-VTE Prevention Challenge. The challenge will bring prestige to organizations that invest in VTE prevention, improve understanding of successful implementation strategies at the health system level, and motivate health systems to strengthen their VTE prevention efforts. The top-judged organizations found to have implemented innovative and effective VTE prevention strategies will be recognized as HA-VTE Prevention Champions. HHS/CDC will document these successful strategies and highlight the systems, processes, and staffing that contributed to exceptional VTE prevention outcomes achieved by Champions. Champions will receive a cash prize (if eligible) and other forms of recognition.

    DATES:

    Contest begins on November 2, 2015 and ends on January 10, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Michele Beckman, Division of Blood Disorders, National Center on Birth Defects and Developmental Disabilities, Centers for Disease Control and Prevention, 1600 Clifton Road NE., Mailstop E-64, Atlanta, GA 30329, Telephone: 404-498-6474, Fax: 404-498-6799, Attention: HA-VTE Prevention Challenge, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The challenge is authorized by Public Law 111-358, the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education and Science Reauthorization Act of 2010 (COMPETES Act).

    Subject of Challenge Competition

    Entrants of the HA-VTE Prevention Challenge will be asked to describe the VTE prevention strategy and reasons that support the strategy choice developed by their organization. In addition, entrants will be asked to describe the specific intervention(s) (e.g. implementation of VTE protocols and order sets, risk assessment, electronic alerts, clinical decision support tools, performance monitoring systems and dashboards, patient and/or provider education and awareness, post-discharge follow-up, etc.), methods, and systems used to implement, support and evaluate the strategy. Entrants will be asked to submit at least one quantitative measure showing an increase of VTE prevention (e.g. number of patients assessed for VTE risk, number of at risk patients receiving appropriate VTE prevention, number of patients and/or providers receiving education on VTE prevention, etc.) and/or decrease in HA-VTE rates for the organization's population of interest. Each measure submitted must include two data points: One for the control or pre-intervention period and a second for the post-intervention period. Control/pre-intervention and post-intervention measures must cover a period of at least six months. This information collection is approved by the Office of Management and Budget under OMB Control Number 0990-0390, expiration April 30, 2018.

    Eligibility Rules for Participating in the Competition

    To be eligible to win a monetary prize under this challenge, an individual or entity—

    (1) Shall have completed and submitted the nomination form in its entirety to participate in the competition under the rules promulgated by HHS/CDC;

    (2) Must be a hospital, multi-hospital system, hospital network or managed care organization, incorporated in and maintaining a primary place of business in the United States that provides inpatient medical care for patients.

    (3) May not be a Federal entity or Federal employee acting within the scope of their employment (Federal entities or employees are eligible to participate in the challenge; however, they are not eligible to receive a monetary prize. Federal entities are eligible for non-monetary recognition only.);

    (4) Shall not be an HHS employee working on their applications or submissions during assigned duty hours;

    (5) Shall not be an employee or contractor at HHS/CDC;

    (6) Federal grantees may not use Federal funds to develop COMPETES Act challenge applications unless consistent with the purpose of their grant award.

    (7) Federal contractors may not use Federal funds from a contract to develop COMPETES Act challenge applications or to fund efforts in support of a COMPETES Act challenge submission;

    (8) Must agree to participate in a data validation process to be conducted by an HHS/CDC-selected contractor. To the extent applicable law allows, data will be kept confidential by the contractor and will be shared with the CDC in aggregate form only; i.e., the VTE prevention coverage rate for the practice not individual data;

    (9) Must have a data management system (electronic or paper) that allows HHS/CDC or their contractor to check data submitted;

    (10) Individual nominees and individuals in a group practice must be free from convictions or pending investigations of criminal and health care fraud offenses such as felony health care fraud, patient abuse or neglect; felony convictions for other healthcare-related fraud, theft, or other financial misconduct; and felony convictions relating to unlawful manufacture, distribution, prescription, or dispensing of controlled substances as verified through the Office of the Inspector General List of Excluded Individuals and Entities. http://oig.hhs.gov/exclusions/background.asp

    Individual nominees must be free from serious sanctions, such as those for misuse or mis-prescribing of prescription medications. Such serious sanctions will be determined at the discretion of the agency consistent with CDC's public health mission. HHS/CDC's contractor may perform background checks on individual clinicians or medical practices.

    (11) Health systems must have a written policy in place that conducts periodic background checks as described in (10) on all providers and takes appropriate action accordingly. In addition, a health system background check may be conducted, as deemed necessary, by HHS/CDC or an HHS/CDC contractor that includes a search for The Joint Commission sanctions and current investigations for serious institutional misconduct (e.g., attorney general investigation). HHS/CDC's contractor may also request the policy and any supporting information deemed necessary.

    (12) Must agree to accept the monetary prize and be recognized if selected, and agree to participate in an interview to develop a success story that describes the systems and processes that support VTE prevention. Champions will be recognized on HHS/CDC Web sites. Strategies used by Champions that support VTE prevention may be written into a success story, placed on HHS/CDC Web sites, and attributed to Champions.

    An individual or entity shall not be deemed ineligible because the individual or entity used Federal facilities or consulted with Federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equal basis.

    By participating in this challenge, an individual or organization agrees to assume any and all risks related to participating in the challenge. Individuals or organizations also agree to waive claims against the Federal Government and its related entities, except in the case of willful misconduct, when participating in the challenge, including claims for injury; death; damage; or loss of property, money, or profits, and including those risks caused by negligence or other causes.

    By participating in this challenge, individuals or organizations agree to protect the Federal Government against third party claims for damages arising from or related to challenge activities.

    Entrants who are a U.S. federal hospital, multi-hospital system, hospital network or managed care organization that provides inpatient medical care for patients may apply for non-monetary recognition. No monetary prize will be awarded.

    Entrants who are an international hospital, multi-hospital system, hospital network or managed care organization that provides inpatient medical care for patients may apply for non-monetary recognition. No monetary prize will be awarded.

    Registration Process for Participants

    To participate, interested parties will navigate to www.challenge.gov. On this site, nominees will have access to the nomination form. Information required of the nominees on the nomination form includes:

    • The organization name, address, and contact information of the nominee.

    • The size, scope, and general demographic characteristics of the nominees' patient population.

    • Details regarding the nominee's VTE prevention strategy and implementation including the population(s) observed, intervention, and methods of implementation. Examples of strategies include implementation of sustainable systems or processes that support VTE prevention. These may include but are not limited to implementation of VTE protocols and order sets, risk assessment, electronic alerts, clinical decision support tools, performance monitoring systems and dashboards, patient and/or provider education and post-discharge follow-up.

    • A description of the observed results of the VTE prevention strategy including the pre-implementation and post-implementation measures for the observed VTE prevention activity. Examples of outcome measures include but are not limited to the number of patients assessed for VTE risk, the number of at risk patients receiving appropriate VTE prevention, and the number of patients and/or providers receiving education on VTE prevention.

    • A brief summary of the barriers and successes to implementation.

    The VTE prevention rates achieved should be for the organizations entire patient population observed as outlined in their strategy and intervention methods, not limited to a sample. Data on subpopulations is allowed, but must be inclusive of all patients seen during the stated time period of study. Examples of ineligible data submissions include VTE prevention interventions limited to treatment cohorts from clinical trials of novel anticoagulant drugs.

    The estimated burden for completing the nomination form is 30 minutes to 1 hour.

    Amount of the Monetary Prize

    An estimated 7 of highest scoring U.S. hospitals, multi-hospital systems, hospital networks and managed care organizations will be recognized as HA-VTE Prevention Champions and will receive a cash award of $10,000. A maximum of $70,000 will be awarded in this challenge. Additional honorable mention awards, pending availability of funds, may be made if the judges identify more than 7 deserving entries. Federal and international winners will receive non-monetary recognition but no prize.

    Payment of the Monetary Prize

    Monetary prizes awarded under this challenge will be paid by electronic funds transfer and may be subject to Federal income taxes. HHS will comply with the Internal Revenue Service withholding and reporting requirements, where applicable.

    Basis Upon Which Winner Will Be Selected

    Challenge submissions will be evaluated by a panel of three to five judges (CDC, HHS agencies such as the Agency for Healthcare Research and Quality and the Centers for Medicare and Medicaid Services, and external industry experts) using the information provided on, and in accordance with, the nomination form. The judges will score the nomination form using a rubric based on the following evaluation criteria: methods (30% of score); results (50% of score); and feasibility/utility (20% of score) of the strategy and interventions associated with the intended outcome of interest. Nominees with the highest score will be required to participate in a process to verify their data. Final selection will take into account all the information form the nomination form, the background check, and data verification. Geographic location and population treated may be used to break any ties in the event of tie scores at any point in the selection process. An estimated 7 organizations will be recognized as prize winners.

    Some Champions will participate in a post-challenge telephone interview. The interview will include questions about the strategies employed by the organization to achieve high rates of VTE prevention, including barriers and facilitators for those strategies. The interview will focus on systems and processes and should not require preparation time by the Champion. The estimated time for the interview is one hour, which includes time to review the interview protocol with the interviewer, respond to the interview questions, and review a summary report about the Champion's practices. The summary will be written as a success story and will be posted on the CDC Web site.

    Additional Information

    Information received from nominees will be stored in a password protected file on a secure server. The challenge Web site may post the number of nominations received but will not include information about individual nominees. The database of information submitted by nominees will not be posted on the Web site. Personal information collected and stored from nominees will only include general details, such as the organization name, address, and contact information of the nominee. This type of information is generally publically available. The nomination form and submission will collect and store only aggregate clinical data through the nomination process; no individual identifiable patient data will be collected or stored. Confidential or propriety data, clearly marked as such, will be secured to the full extent allowable by law.

    Information for selected Champions, such as the hospital or health system's name, location, VTE prevention outcomes, and practices that support HA-VTE prevention will be shared through press releases, the challenge Web site, social media, and other HHS/CDC resources. Summary data on the types of systems and processes used to increase VTE prevention will be shared in documents or other communication products that describe generally used practices for successful VTE prevention. HHS/CDC will use the summary data only as described.

    Compliance With Rules and Contacting Contest Winners

    Finalists must comply with all terms and conditions of these official rules, and winning is contingent upon fulfilling all requirements herein. The finalists will be notified by email, telephone, or mail after the date of judging.

    Privacy

    Personal information provided by entrants on the nomination form through the challenge Web site will be used to contact selected finalists. Information is not collected for commercial marketing. Winners are permitted to cite that they won this challenge.

    The names, cities, and states of selected Champions will be made available in HHS/CDC's educational materials on VTE prevention and at recognition events.

    General Conditions

    HHS/CDC reserves the right to cancel suspend, and/or modify the challenge, or any part of it, for any reason, as HHS/CDC's sole discretion.

    Dated: September 15, 2015. Sandra Cashman, Acting Director, Division of the Executive Secretariat, Office of the Chief of Staff, Centers for Disease Control and Prevention.
    [FR Doc. 2015-23990 Filed 9-21-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Statement of Organization, Functions, and Delegations of Authority

    Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 80 FR 34643-34644, dated June 6, 2015) is amended to reflect the reorganization of the National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention.

    Section C-B, Organization and Functions, is hereby amended as follows:

    Delete in its entirety the title and function statements for the Division of Respiratory Disease Studies (CCH) and insert the following:

    Respiratory Health Division (CCH). The Respiratory Health Division (RHD) seeks to advance protection against work-related hazards and exposures that cause or contribute to respiratory illness, injury, and death and to promote workplace-based interventions that improve respiratory health. To accomplish its mission, the Division gathers and synthesizes information, makes recommendations, and delivers products and services to a range of stakeholders, including partners able to effect prevention. Specifically, RHD: (1) Prevents work-related respiratory disease and improves workers' respiratory health by generating new knowledge and transferring that knowledge into practice; (2) plans, designs, and conducts a national research program relevant to preventing occupational respiratory disease and optimizing workers' respiratory health; (3) upon request, conducts hazard evaluations and provides technical assistance to address challenges, including emerging issues, in occupational respiratory disease; (4) plans, designs, and conducts a national surveillance program for occupational and work-related respiratory disease; (5) communicates study findings to prevent occupational respiratory disease and optimize workers' respiratory health, and evaluates the effectiveness of these communications; (6) administers a program of legislatively mandated medical monitoring services for coal miners under the Federal Mine Safety and Health Act of 1977; and (7) provides rewarding educational and training opportunities in occupational and work-related respiratory disease prevention to visiting scientists, Epidemiologic Investigations Service Officers, fellows, residents, interns, students and others through a variety of temporary assignments in various Division activities.

    Office of the Director (CCH1). Directs and manages the operations of the Respiratory Health Division.

    Field Studies Branch (CCHB). (1) Plans, designs, and conducts short- and long-term field investigations relevant to preventing occupational respiratory diseases and optimizing workers' respiratory health; (2) responds to requests for health hazard evaluations and technical assistance relevant to occupational respiratory disease; (3) conducts morbidity and mortality studies relating to occupational respiratory diseases in selected worker populations and the general population in order to identify causal agents and other risk factors, quantify exposure effect relationships, and evaluate prevalence and severity of specific respiratory diseases; (4) conducts environmental studies, medical test evaluations, industrial hygiene research, laboratory research, demonstrations of workplace exposures and controls, and studies the challenges created by new technologies; (5) provides statistical design and implements data analysis and verification for Division research projects; and (6) develops and evaluates research methods of data collection, processing, and statistical analysis that are relevant to the Division mission, including medical tests, sampling approaches and equipment, sample analyses, exposure and dose assessment and modeling (including dermal exposure), bioavailability of exposures, biomarkers of exposure and health effects, and protective measures.

    Surveillance Branch (CCHD). (1) Collects, analyzes, and disseminates accurate and timely health and hazard information related to occupational respiratory diseases and workers' respiratory health, and collaborates in the establishment and analysis of health surveillance systems at the national and state level in order to: (a) provide information relating to overall incidence, prevalence, mortality, and impact of occupational respiratory diseases and workers' respiratory health; (b) describe the occurrence of specific diseases with regard to occupation, industry, exposures, geography, demographic characteristics, temporal trends, and other relevant factors for which information is available; (c) describe the distribution and trends in occupational exposure to agents responsible for respiratory diseases; (d) identify emerging risks for respiratory disease; (e) assess racial/ethnic and other disparities in the occurrence of occupational respiratory diseases and occupational exposures to agents responsible for respiratory diseases; and (f) evaluate impact of interventions, policies, and program activities on the occurrence of occupational respiratory disease; (2) synthesizes data to frame recommendations for priority setting, hypothesis generation, and improved methods for data collection; (3) disseminates information through development and publication of timely information and reports describing workplace hazards and exposures and work-related occupational lung diseases, and application of communication science, media principles, and web design to enhance access to and use of data and information; (4) develops and evaluates innovative surveillance methods; (5) coordinates with other Federal agencies, promulgates rules, and implements programs as authorized by the Federal Mine Safety and Health Act of 1977 and its subsequent amendments, to provide for the collection and reporting of health and hazard surveillance data related to occupational respiratory diseases in coal miners, including planning, coordinating, and processing the medical examinations provided for miners, operating an approval program for participating medical facilities and physicians, and evaluating and approving employer programs for the examination of miners in accordance with published regulations; (6) provides technical assistance and recommendations concerning medical screening and health surveillance of workers exposed to respiratory hazards in the workplace, including administering a national program of spirometry training, providing training and testing on the classification of radiographs for the pneumoconioses, and collaborating with national (e.g., American College of Radiology, American Thoracic Society) and international (e.g., International Labour Organization) groups to develop and improve occupational respiratory disease medical surveillance methods; and (7) establishes collaborations to identify, support, and evaluate interventions designed to improve respiratory health in the workplace.

    James Seligman, Acting Chief Operating Officer, Centers for Disease Control and Prevention.
    [FR Doc. 2015-24006 Filed 9-21-15; 8:45 am] BILLING CODE 4160-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30 Day-15-15AOX] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted 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. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) 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; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) 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; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Harmful Algal Bloom Illness Surveillance System (HABISS)—NEW—National Center for Emerging and Zoonotic Infectious Diseases, Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The National Center for Emerging and Zoonotic Infectious Diseases (NCEZID) is requesting approval for surveillance activities through Harmful Algal Bloom-related Illness Surveillance System (HABISS). HABISS data surveillance was previously covered under OMB Control No. 0920-0004. Previous Harmful Algal Bloom (HAB) surveillance under HABISS ceased due to defunding. NCEZID is now managing the HAB surveillance module. Surveillance through HABISS is now a priority within NCEZID due to the Great Lakes Restorative Initiative.

    The goal of the Harmful Algal Bloom-related Illness Surveillance System (HABISS) is to receive data on harmful algal blooms (HABs) and human and animal illnesses related to HAB exposures. Data reported to HABISS will be accessible to state health departments, federal partners and other stakeholders to better characterize HABs and single human and animal illness related to HAB exposures and to inform future prevention efforts.

    Data will be collected electronically, with data elements collected via the National Outbreak Reporting System (NORS). Single human and animal illnesses related to HAB exposures, and environmental data about HABs will be voluntarily reported by state agencies. The data collected will be analyzed and presented through summaries and reports.

    The total burden is 57 hours.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hrs.)
  • State Epidemiologists Harmful Algal Bloom Illness Surveillance System (HABISS) data elements (electronic, year-round) 57 3 20/60
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2015-24029 Filed 9-21-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Accomplishments of the Domestic Violence Hotline, Online Connections and Text (ADVHOCaT) Study.

    OMB No.: New Collection.

    Description: The National Domestic Violence Hotline (NDVH) and the National Dating Abuse Helpline or loveisrespect (NDAH/LIR), which are supported by the Family Violence Prevention and Services Act Program (FVPSA Program) within the Family and Youth Services Bureau (FYSB) of the Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), serve as partners in the intervention, prevention, and resource assistance efforts of the network of family violence, domestic violence, and dating violence service providers.

    In order to describe the activities and accomplishments of the NDVH and NDAH/LIR and develop potential new or revised performance measures, the Office of Planning, Research and Evaluation (OPRE) and FYSB's FVPSA Program, within ACF/HHS are proposing data collection activity as part of the Accomplishments of the Domestic Violence Hotline, Online Connections and Text (ADVHOCaT) Study.

    This study will primarily analyze data previously collected by the NDVH and NDAH/LIR as part of their ongoing program activities and monitoring. ACF proposes to collect additional information, including information about the preferred mode (phone, chat, text), ease of use, and perceived privacy and safety of each mode of contact.

    This data is to be collected through voluntary web-based surveys that are to be completed by those who access the NDVH and NDAH/LIR Web sites. This information will be critical to informing future efforts to monitor and improve the performance of domestic violence hotlines and provide hotline services.

    Respondents: Individuals who access the NDVH and NDAH/LIR Web sites.

    Annual Burden Estimates Instrument Total/annual
  • number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average burden hours per response Annual burden hours
    NDVH/LIR Preference of Use Survey 5,000 1 0.041 hours (150 seconds) 205 hours.

    Estimated Total Annual Burden Hours: 205 hours.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following:

    Office of Management and Budget

    Paperwork Reduction Project

    Email: [email protected]

    Attn: Desk Officer for the Administration for Children and Families

    Robert Sargis, ACF Reports Clearance Officer.
    [FR Doc. 2015-23967 Filed 9-21-15; 8:45 am] BILLING CODE 4184-32-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Proposed Projects: ORR, Unaccompanied Children's Program, Division of Children's Services (DCS).

    Title: Information Collection and Record Keeping for the Timely Placement and Release of Unaccompanied Children (UC) in ORR Care

    OMB No.:

    Description: On March 1, 2003, the Homeland Security Act of 2002, Section 462, transferred responsibilities for the care and placement of unaccompanied children from the Commissioner of the Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement (ORR). ORR is also governed by the provisions established by the Flores Agreement in 1997 and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008.

    The ORR Unaccompanied Children's Program provides placement, care, custody and services for UC until they can be successfully released to a sponsor, are repatriated to their home country, or able to obtain legal status.

    Through cooperative agreements and contracts, ORR funds residential care providers that provide temporary housing and other services to unaccompanied children in ORR custody. These care provider facilities are State licensed and must meet ORR requirements to ensure a high level quality of care. They provide a continuum of care for children, including placements in ORR foster care, group homes, shelter, staff secure, secure, and residential treatment centers. The care providers provide children with classroom education, health care, socialization/recreation, vocational training, mental health services, access to legal services, and case management.

    Under the law, ORR and its care providers are required to:

    (1) Collect information about each UC who is entrusted to the care of ORR in order to determine the most appropriate and least restrictive placement, provide adequate services, and identify qualified sponsors for the timely release of the child or youth. ORR has developed instruments to assess the child or youth and his or her needs and conditions throughout his or her stay with ORR as well as the identification and assessment of potential sponsors. These instruments allow for consistency and compliance of standards across care providers and help ORR monitor programs and identify problems and issues that need corrective action.

    (2) Keep up-to-date records to ensure the child or youth's safety and security and care and to provide accountability with all Federal and State, licensing, and other standards by care providers.

    (3) Notify UC of their rights and responsibilities under the law, including notice about ORR services, the fact that that they have the right to apply for Special Immigrant Juvenile (SIJ) status, and their legal responsibility to attend an immigration hearing.

    These tasks are mainly conducted through the ORR online database (The UC Portal), which provides a central location for case records and the documentation of other activities (for example, when a child or youth is transferred to another facility). Many of these records are “auto-populated” on the UC Portal once the original data points are completed (such as DOB, A number, date of initial placement).

    The data collection described here pertains to activities involving UC and care providers from initial intakes of UC into ORR care to his or her release from ORR care. It does not cover information collection for potential sponsors (Submitted via separate OMB request in January 2015.)

    ORR has applied the following assumptions to this request:

    (1) Items related to tasks that are routine and customary for care providers and others are excluded. This includes quarterly or annual financial or other reports, grant related requests from ORR Project Officers or others for monitoring performance and progress, and third party notifications to other government agencies, such as U.S. Department of Homeland Security (DHS) or U.S. Department of Justice (DOJ). (For financial and other reports, Care Providers use templates posted on http://www.acf.hhs.gov/grants/grants_resources.html#reporting)

    (2) Data collection and reporting requirements do not reflect those required by State or local licensing or accreditation requirements.

    (3) Acknowledgement of receipt of information or other acknowledgements via signature by either the UC or the care provider or others are not included in this information request as these are administrative in nature in order to help care providers and UC track personal belongings, DHS related documents, medical records, and other important items required by the UC following release from ORR care.

    The components of this information request include:

    (1) UC Portal Capacity Report: Care providers complete the sections on “In Care” and “Beds in Reserve” as well as the section recording the UC who have been discharged on a daily basis so that ORR Intakes has a complete picture of available beds for UC placements.

    (2) The Further Assessment Swift Track (FAST) Placement Tool (Versions for Secure and Staff Secure placements): Initially used by ORR Intakes to determine when a UC warrants a placement in Secure or Staff Secure Care. Care providers must use the tool to update a status for UC who are placed in Secure Care at least every 30 days. (Care providers are not required to re-use tool for UC who have been placed in Staff Secure Care).

    (3) Placement Authorization: Auto-generated. Requires a signature from the care provider acknowledging a particular UC placement into their facility.

    (4) Notice of Placement in Secure or Staff Secure Facility: Acknowledges UC's placement in a secure or staff secure care provider facility with signature of UC and facility witness.

    (5) Initial Intakes Assessment: Biographical information is auto-populated for care providers based on ORR information obtained at Intakes. Screens for trafficking or other safety concerns, special needs, danger to self and others, medical conditions, mental health concerns.

    (6) UC Assessment: Care provider must complete within 7 days of UC's admission, covers biographic, family, legal, migration, medical, substance abuse, and mental health history.

    (7) Individual Service Plan: Documents the services that have been provided (for example, number of counseling sessions, educational assessment and classes) and is updated every 30 days. When a child is transferred to a new facility, a new ISP is developed.

    (8) UC Case Review Form: Documents any new information not indicated in the UC Assessment.

    (9) New Sponsor Form: Identifies any potential sponsor(s) for a particular UC. In addition to serving as a record for a particular case, helps ORR track individuals who are attempting to sponsor numerous UC, which may suggest a possible trafficking or abuse situation.

    (10) Transfer Request and Tracking Form: Auto-populated and used to obtain ORR permission for transfer to another care facility. (Filled out by both ORR and care providers) and used to document when a UC is transferred from one facility to another (requires signatures of both facilities).

    (11) Long Term Foster Care Placement Memo: When ORR identifies a placement of a UC with a long term foster care facility, the long term foster care provider or national VOLAG receiving the transfer request completes the memo and sends to ORR to ensure continuity of services and tracking of records for a UC.

    (12) Travel Request form for UC Long Term Foster Care: Must be filled out by program at least 10 days prior to travel start date.

    (13) Notice of Transfer to ICE Chief Counsel and Change of Address: Required so that the Chief Counsel of ICE may file a Motion for Change of Venue and/or Change of Address with the Executive Office for Immigration Review (EOIR), if applicable, to ensure immigration hearing may proceed.

    (14) Care Provider Release Checklist: Care providers must complete and affirm that all documents, forms, and steps are completed in the release process.

    (15) Release Request: Provides care provider recommendation for release of a UC to a sponsor. All releases must be approved by ORR prior to UC release.

    (16) Discharge Notification: Includes date and type of discharge (transfer, home country, sponsor release) and is sent to ICE.

    (17) Verification of Release: Signed by sponsor as notification that named UC has been released according to the law. Sponsor must also acknowledge agreement with the provisions of the Sponsor Care Agreement pertaining to the minor's care, safety, and well-being, and the sponsor's responsibility for ensuring the minor's presence at all future proceedings before the Department of Homeland Security and EOIR.

    (18) Child Advocate Referral and Appointment Form: Used by the Child Advocate Program to recommend that ORR appoint an independent child advocate for a victim of child trafficking or in other cases involving vulnerable children.

    (19) Notice of Rights Handout and Notice of Rights and Provision of Services: Care providers are required to provide to all UC under the Flores v. Reno Settlement Agreement.

    (20) Legal Service Provider List for UC: List of organizations who offer free legal representation and help for UC with State and Federal courts, immigration hearings, and appeals. Required under the Flores Settlement Agreement.

    (21) URM Application: Certain populations of children and youth in ORR custody may become eligible for the Unaccompanied Refugee Minors Program, which is a State administered foster care program. In such instances the care provider facility or other interested party may complete this application form on behalf of the child.

    (22) Withdrawal of Application or Declination of Placement Form: If a youth who has submitted an application for the URM Program wishes to withdraw this application, or if he or she has been offered placement and wishes to decline this placement, the youth must complete this form.

    (23) Standard Shelter Tour Request: Used by members of the public and the media to submit to care providers in order to tour a shelter facility.

    Respondents

    UC in ORR care and custody (they are generally referred to ORR from the DHS) and who are then referred to ORR's Network of Care Providers.

    Staff in ORR's Care Provider Network, including those in shelter care, secure and staff secure care, foster care, and residential treatment centers.

    Approved sponsors of UC released from ORR care.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of responses per
  • respondent
  • Average burden hours per
  • response
  • Total burden hours
    UC Portal Capacity Report 50 1 .16/hour 8 Further Assessment Swift Track (FAST) Placement Tool 2,320 1 .25/hour 580 Placement Authorization Form 58,000 1 .1/hour 5,800 Notice of Placement in Secure or Staff Secure Facility 2,320 1 .1/hour 232 Initial Intakes Form 58,000 1 .25/hour 14,500 UC Assessment 58,000 1 .50/hour 29,000 Individual Service Plan 58,000 1 .25 14,500 UC Case Review Form 58,000 1 .50/hour 29,000 New Sponsor Form 55,200 1 .25/hour 13,800 Transfer Request and Tracking Form 1,000 1 .25/hour 250 Long Term Foster Care Placement Memo 279 1 .1/hour 28 Travel Request Form for UC Long Term Foster Care 20 1 .25/hour 5 Notice of Transfer to ICE Chief Counsel and Change of Address 2,320 1 .1/hour 232 Care Provider Release Checklist 55,200 1 .1 5,520 Release Request 55,200 3 .25 hour 41,400 Discharge Notification 716 1 .25/hour 179 Verification of Release 55,200 1 .1/hour 5,520 Child Advocate Referral and Appointment Form 250 1 .50 125 Notice of Rights Handout and Notice of Rights and Provision of Services 58,000 1 .1/hour 5,800 Legal Service Provider List for UC 58,000 1 .1 5,800 URM Application 350 1 1 350 Withdrawal of Application or Declination of Placement Form 10 1 .1/hour 1 Standard Shelter Tour Request 60 1 .1/hour 6

    Estimated Total Annual Burden Hours: 172,636.

    In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) 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. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2015-23978 Filed 9-21-15; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY:

    Administration for Community Living, HHS.

    ACTION:

    60-Day notice of submission of information collection approval from the Office of Management and Budget and request for comments.

    SUMMARY:

    As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the Administration for Community Living proposes to submitted a Generic Information Collection Request (Generic ICR): “Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery” to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).

    DATES:

    Submit written or electronic comments on the collection of information by November 23, 2015.

    ADDRESSES:

    Submit electronic comments on the collection of information to: Susan Jenkins at [email protected].

    Submit written comments on the collection of information to Administration for Community Living, Washington, DC 20201, Attn. Susan Jenkins.

    FOR FURTHER INFORMATION CONTACT:

    Susan Jenkins at 202.357.3591.

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520), Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.

    Abstract: The information collection activity will garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management.

    Feedback collected under this generic clearance will provide useful information, but it will not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: the target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior fielding the study. Depending on the degree of influence the results are likely to have, such collections may still be eligible for submission for other generic mechanisms that are designed to yield quantitative results.

    Dated: September 17, 2015. Kathy Greenlee, Administrator and Assistant Secretary for Aging.
    [FR Doc. 2015-24066 Filed 9-21-15; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2012-N-0114] Agency Information Collection Activities; Proposed Collection; Submission for Office of Management and Budget Review; Request for Samples and Protocols AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

    DATES:

    Fax written comments on the collection of information by October 22, 2015.

    ADDRESSES:

    To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to [email protected]. All comments should be identified with the OMB control number 0910-0206. Also include the FDA docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected].

    SUPPLEMENTARY INFORMATION:

    In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.

    Request for Samples and Protocols—OMB Control Number 0910-0206—Extension

    Under section 351 of the Public Health Service Act (42 U.S.C. 262), FDA has the responsibility to issue regulations that prescribe standards designed to ensure the safety, purity, and potency of biological products and to ensure that the biologics licenses for such products are only issued when a product meets the prescribed standards. Under 21 CFR 610.2, the Center for Biologics Evaluation and Research (CBER) or the Center for Drugs Evaluation and Research may at any time require manufacturers of licensed biological products to submit to FDA samples of any lot along with the protocols showing the results of applicable tests prior to distributing the lot of the product. In addition to § 610.2, there are other regulations that require the submission of samples and protocols for specific licensed biological products: 21 CFR 660.6 (Antibody to Hepatitis B Surface Antigen); 21 CFR 660.36 (Reagent Red Blood Cells); and 21 CFR 660.46 (Hepatitis B Surface Antigen).

    Section 660.6(a) provides requirements for the frequency of submission of samples from each lot of Antibody to Hepatitis B Surface Antigen product, and § 660.6(b) provides the requirements for the submission of a protocol containing specific information along with each required sample. For § 660.6 products subject to official release by FDA, one sample from each filling of each lot is required to be submitted along with a protocol consisting of a summary of the history of manufacture of the product, including all results of each test for which test results are requested by CBER. After official release is no longer required, one sample along with a protocol is required to be submitted at 90-day intervals. In addition, samples, which must be accompanied by a protocol, may at any time be required to be submitted to CBER if continued evaluation is deemed necessary.

    Section 660.36(a) requires, after each routine establishment inspection by FDA, the submission of samples from a lot of final Reagent Red Blood Cell product along with a protocol containing specific information. Section 660.36(a)(2) requires that a protocol contain information including, but not limited to, manufacturing records, certain test records, and identity test results. Section 660.36(b) requires a copy of the antigenic constitution matrix specifying the antigens present or absent to be submitted to the CBER Director at the time of initial distribution of each lot.

    Section 660.46(a) contains requirements as to the frequency of submission of samples from each lot of Hepatitis B Surface Antigen product, and § 660.46(b) contains the requirements as to the submission of a protocol containing specific information along with each required sample. For § 660.46 products subject to official release by FDA, one sample from each filling of each lot is required to be submitted along with a protocol consisting of a summary of the history of manufacture of the product, including all results of each test for which test results are requested by CBER. After notification of official release is received, one sample along with a protocol is required to be submitted at 90-day intervals. In addition, samples, which must be accompanied by a protocol, may at any time be required to be submitted to CBER if continued evaluation is deemed necessary.

    Samples and protocols are required by FDA to help ensure the safety, purity, or potency of a product because of the potential lot-to-lot variability of a product produced from living organisms. In cases of certain biological products (e.g., Albumin, Plasma Protein Fraction, and therapeutic biological products) that are known to have lot-to-lot consistency, official lot release is not normally required. However, submissions of samples and protocols of these products may still be required for surveillance, licensing, and export purposes, or in the event that FDA obtains information that the manufacturing process may not result in consistent quality of the product.

    The following burden estimate is for the protocols required to be submitted with each sample. The collection of samples is not a collection of information under 5 CFR 1320.3(h)(2). Respondents to the collection of information under § 610.2 are manufacturers of licensed biological products. Respondents to the collection of information under §§ 660.6(b), 660.36(a)(2) and (b), and 660.46(b) are manufacturers of the specific products referenced previously in this document. The estimated number of respondents for each regulation is based on the annual number of manufacturers that submitted samples and protocols for biological products including submissions for lot release, surveillance, licensing, or export. Based on information obtained from FDA's database system, approximately 80 manufacturers submitted samples and protocols in fiscal year (FY) 2014, under the regulations cited previously in this document. FDA estimates that approximately 76 manufacturers submitted protocols under § 610.2 and 2 manufacturers submitted protocols under the regulation (§ 660.6) for the other specific product. FDA received no submissions under § 660.36 or § 660.46, however FDA is using the estimate of one protocol submission under each regulation in the event that protocols are submitted in the future.

    In the Federal Register of March 27, 2015 (80 FR 16393), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received.

    The estimated total annual responses are based on FDA's final actions completed in FY 2014 for the various submission requirements of samples and protocols for the licensed biological products. The average burden per response is based on information provided by industry. The burden estimates provided by industry ranged from 1 to 5.5 hours. Under § 610.2, the average burden per response is based on the average of these estimates and rounded to 3 hours. Under the remaining regulations, the average burden per response is based on the higher end of the estimate (rounded to 5 or 6 hours) since more information is generally required to be submitted in the other protocols than under § 610.2. FDA estimates the burden of this information collection as follows:

    Table 1—Estimated Annual Reporting Burden 1 21 CFR Section Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual responses Average
  • burden per
  • response
  • Total hours
    610.2 Lot Release Information Submission 76 84.54 6,197 3 18,591 660.6(b) Lot Release Information Submission 2 9 18 5 90 660.36(a)(2) and (b) Lot Release Information Submission 1 1 1 6 6 660.46(b) Lot Release Information Submission 1 1 1 5 5 Total 80 6,217 18,692 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Dated: September 16, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-24028 Filed 9-21-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human Development Initial Review Group Developmental Biology Subcommittee.

    Date: November 12, 2015.

    Time: 8:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Cathy J. Wedeen, Ph.D., Scientific Review Officer, Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, 6100 Executive Boulevard, Room 5B01, Bethesda, MD 20892-9304, (301) 435-6878, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: September 16, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-23641 Filed 9-21-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis Panel; Cerebrovascular Disease and Aging II.

    Date: October 22, 2015.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute On Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Ave., Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Ramesh Vemuri, Ph.D., Chief, Scientific Review Branch, National Institute On Aging, National Institutes Of Health, 7201 Wisconsin Avenue, Suite 2C-212, Bethesda, MD 20892, 301-402-7700, [email protected]

    Name of Committee: National Institute on Aging Special Emphasis Panel; Lifespan Connectome.

    Date: November 9, 2015.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2c212, 7201 Wisconsin Avenue, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Alexander Parsadanian, Ph.D., Scientific Review Officer, National Institute On Aging, Gateway Building 2C/212, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-496-9666, [email protected]

    Name of Committee: National Institute on Aging Special Emphasis Panel; Biomarkers For AD: The Adult Children Study.

    Date: November 12, 2015.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute On Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Alexander Parsadanian, Ph.D., Scientific Review Officer, National Institute On Aging, Gateway Building 2C/212, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-496-9666, [email protected]

    Name of Committee: National Institute on Aging Special Emphasis Panel; Vascular Contribution to AD and Genetic Risk Factors.

    Date: November 16, 2015.

    Time: 12:00 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Alexander Parsadanian, Ph.D., Scientific Review Officer, National Institute On Aging, Gateway Building 2C/212, 7201 Wisconsin Avenue, Bethesda, MD 20892, 301-496-9666, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: September 17, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-24035 Filed 9-21-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Nursing Research; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Nursing Research Initial Review Group.

    Date: October 19-20, 2015.

    Time: 8:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.

    Contact Person: Weiqun Li, MD, Scientific Review Officer, National Institute of Nursing Research, National Institutes of Health, 6701 Democracy Blvd. Ste. 710, Bethesda, MD 20892 (301) 594-5966 [email protected]

    Name of Committee: National Institute of Nursing Research Special Emphasis Panel; Institutional Training Grants

    Date: October 20,2015.

    Time: 12:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications,

    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.

    Contact Person: Weiqun Li, MD, Scientific Review Administrator National Institute of Nursing Research National Institutes of Health, 6701 Democracy Blvd. Ste. 710, Bethesda, MD 20892 (301) 594-5966 [email protected]

    Name of Committee: National Institute of Nursing Research Special Emphasis Panel; Community Partnerships to Advance Research.

    Date: October 21, 2015.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, One Democracy Plaza, 703, 6701 Democracy Boulevard Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Tamizchelvi Thyagarajan, Ph.D. Scientific Review Officer, National Institute of Nursing Research, National Institutes of Health, Bethesda, MD 20892 (301) 594-0343 [email protected]

    Name of Committee: National Institute of Nursing Research Special Emphasis Panel; Effective Palliative/End of Life Care Interventions.

    Date: October 22, 2015.

    Time: 8:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.

    Contact Person: Mario Rinaudo, MD Scientific Review Officer Office of Review, National Institute of Nursing Research, National Institutes of Health, 6701 Democracy Blvd. (DEM 1), Suite 710, Bethesda, MD 20892, 301-594-5973 [email protected]

    Name of Committee: National Institute of Nursing Research Special Emphasis Panel; Research Project Grant.

    Date: October 28, 2015.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health One Democracy Plaza Room 703, 6701 Democracy Boulevard Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Tamizchelvi Thyagarajan, Ph.D. Scientific Review Officer, National Institute of Nursing Research, National Institutes of Health, Bethesda, MD 20892 (301) 594-0343 [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, National Institutes of Health, HHS)
    Dated: September 16, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-23639 Filed 9-21-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel, Effect of Age on Heart, Lung, Blood, and Sleep Disorders.

    Date: October 16, 2015.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: The William F. Bolger Center, 9600 Newbridge Drive, Potomac, MD 20854.

    Contact Person: Giuseppe Pintucci, Ph.D. Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7192, Bethesda, MD 20892, 301-435-0287, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

    Dated: September 16, 2015. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-23640 Filed 9-21-15; 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: Transformation Accountability Reporting System—(OMB No. 0930-0285)—Revision

    The Transformation Accountability (TRAC) Reporting System 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 TRAC for approximately 700 grantees. This request includes an extension of the currently approved data collection effort.

    This information collection will allow SAMHSA to continue to meet the Government Performance and Results Act (GPRA) of 1993 reporting requirements that quantify the effects and accomplishments of its programs, which are consistent with OMB guidance. In order to carry out section 1105(a)(29) of GPRA, SAMHSA is required to prepare a performance plan for its major programs of activity. This plan must:

    • Establish performance goals to define the level of performance to be achieved by a program activity;

    • Express such goals in an objective, quantifiable, and measurable form;

    • Briefly describe the operational processes, skills and technology, and the human, capital, information, or other resources required to meet the performance goals;

    • Establish performance indicators to be used in measuring or assessing the relevant outputs, service levels, and outcomes of each program activity;

    • Provide a basis for comparing actual program results with the established performance goals; and

    • Describe the means to be used to verify and validate measured values.

    In addition, this data collection supports the GPRA Modernization Act of 2010 which requires overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved. Specifically, this data collection will allow CMHS to have the capacity to report on a consistent set of performance measures across its various grant programs that conduct each of these activities. SAMHSA's legislative mandate is to increase access to high quality substance abuse and mental health prevention and treatment services and to improve outcomes. Its mission is to improve the quality and availability of treatment and prevention services for substance abuse and mental illness. To support this mission, the Agency's overarching goals are:

    • Accountability—Establish systems to ensure program performance measurement and accountability • Capacity—Build, maintain, and enhance mental health and substance abuse infrastructure and capacity • Effectiveness—Enable all communities and providers to deliver effective services

    Each of these key goals complements SAMHSA's legislative mandate. All of SAMHSA's programs and activities are geared toward the achievement of these goals and performance monitoring is a collaborative and cooperative aspect of this process. SAMHSA will strive to coordinate the development of these goals with other ongoing performance measurement development activities.

    The total annual burden estimate is shown below:

    Estimates of Annualized Hour Burden [CMHS client outcome measures for discretionary programs] Type of response Number of
  • respondents
  • Responses per respondent Total
  • responses
  • Hours per
  • response
  • Total hour
  • burden
  • Client-level baseline interview 35,845 1 35,854 0.45 16,130 Client-level 6-month reassessment interview 1 23,658 1 23,658 0.45 10,646 Client-level discharge interview 2 10,753 1 10,753 0.45 4,838 PBHCI- Section H Form Only Baseline 14,000 1 14,000 .08 1,120 PBHCI- Section H Form Only Follow-Up 3 9,240 1 9,240 .08 739 PBHCI—Section H Form Only Discharge 4 4,200 1 4,200 .08 336 HIV Continuum of Care Specific Form Baseline 200 1 200 0.33 66 HIV Continuum of Care Follow-Up 5 148 1 148 0.33 49 HIV Continuum of Care Discharge 6 104 1 104 0.33 34 Infrastructure development, prevention, and mental health promotion quarterly record abstraction 7 982 4.0 3928 2.0 7,856 Total 36,827 102,139 48,814 Note: Numbers may not add to the totals due to rounding and some individual participants completing more than one form. 1 It is estimated that 66% of baseline clients will complete this interview. 2 It is estimated that 30% of baseline clients will complete this interview. 3 It is estimated that 74% of baseline clients will complete this interview. 4 It is estimated that 52% of baseline clients will complete this interview. 5 It is estimated that 52% of baseline clients will complete this interview. 6 It is estimated that 30% of baseline clients will complete this interview. 7 Grantees are required to report this information as a condition of their grant. No attrition is estimated.

    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 23, 2015

    Summer King, Statistician.
    [FR Doc. 2015-24023 Filed 9-21-15; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Notice of Issuance of Final Determination Concerning Solar Modules AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of final determination.

    SUMMARY:

    This document provides notice that U.S. Customs and Border Protection (“CBP”) has issued a final determination concerning the country of origin of certain solar modules manufactured by Hanwha USA. Based upon the facts presented, CBP has concluded that the country of origin of the solar modules is Malaysia when Malaysian solar cells are used or Korea when Korean solar cells are used for purposes of U.S. Government procurement.

    DATES:

    The final determination was issued on September 16, 2015. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within October 22, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ross Cunningham, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade (202) 325-0034.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that on September 16, 2015 pursuant to subpart B of part 177, U.S. Customs and Border Protection Regulations (19 CFR part 177, subpart B), CBP issued a final determination concerning the country of origin of certain solar modules manufactured by Hanwha USA, which may be offered to the U.S. Government under an undesignated government procurement contract. This final determination, HQ H261693, was issued under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP concluded that the processing in Poland or Korea does not result in a substantial transformation. Therefore, the country of origin of the solar modules is Malaysia or Korea, where the solar cells are produced, for purposes of U.S. Government procurement.

    Section 177.29, CBP Regulations (19 CFR 177.29), provides that a notice of final determination shall be published in the Federal Register within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the Federal Register.

    Dated: September 16, 2015. Harold Singer, Acting Executive Director, Regulations and Rulings, Office of International Trade. Attachment HQ H261693 September 16, 2015 OT:RR:CTF:VS H261693 RMC CATEGORY: Country of Origin Chip Purcell Cooley LLP 1299 Pennsylvania Ave. NW Suite 700 Washington, DC 20004-2400 Re: U.S. Government Procurement; Country of Origin of Solar Modules; Substantial Transformation Dear Mr. Purcell:

    This is in response to your letter dated January 12, 2015, requesting a final determination on behalf of Hanwha USA pursuant to Subpart B of part 177 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR part 177). Under these regulations, which implement Title III of the Trade Agreements Act of 1979 (“TAA”), as amended (19 U.S.C. 2511 et seq.), CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or for products offered for sale to the U.S. Government. This final determination concerns the country of origin of certain solar modules. As a U.S. importer, Hanwha USA is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and is entitled to request this final determination.

    FACTS:

    Hanwha USA acts as the U.S. wholesaler and distributor of solar modules manufactured by Hanwha GmbH in Korea and Poland. The solar modules convert sunlight into energy and are generally incorporated into a system that includes other components such as inverters, racking systems, cable management systems, and monitoring systems. The systems are installed at facilities in order to generate electricity.

    Hanwha USA provided the following information on each component that goes into a finished product.

    1. Solar Cells—Product of Malaysia or Korea 2. Glass—Product of China 3. Frames—Product of China or Belgium 4. Junction Box, Cable, and Connector—Product of China or Czech Republic 5. Back Sheets—Product of China or Germany 6. EVA—Product of Korea or Japan 7. Interconnect Ribbon—Product of Korea for solar panels assembled in Korea; product of Austria or Germany for solar panels assembled in Poland.

    The solar cells represent slightly more than half of the cost of the finished solar modules. Hanwha states that the components are assembled into finished products either in Korea or Poland in the following nine-step process:

    1. Incoming Inspection: Each component undergoes an incoming quality inspection and testing based on standard operating procedures. 2. Cell and String Soldering: Individual solar cells are soldered together using tin-coated copper ribbons to form cell strings. 3. Matrix Preparation and Bus Bar Soldering: A robot places the cell strings on glass panels and workers complete the matrix layup. 4. Lamination: After inspection and electroluminescence testing, the matrix layups are transferred into vacuum laminators. 5. Trimming and Framing: Excess material is removed from the edge of the laminate and the aluminum frame is press-fit together. 6. Junction Box Installation: The junction box is attached to the back of the solar module using silicone glue. 7. Electrical Test: Each solar module undergoes a high-potential test at 6,000 volts, and electroluminescence test to inspect for micro-cracks and other defects, a flash test to measure performance, and a grounding test. 8. Final Inspection, Sorting, and Packaging: The junction box lids are applied and the solar modules are allowed to cure, followed by a final visual inspection of all solar modules. 9. Outgoing Quality Inspection: A sample of solar modules is removed after packaging for a final quality check.

    Hanwha USA notes that this process takes “less than one day” to complete. Hanwha USA also states that it conducts research and development in Korea and Poland related to the manufacturing process and the development of methods and systems to ensure stable production.

    ISSUE:

    Whether the manufacturing process described above “substantially transforms” the solar-module components such that the country of origin of the finished product is either Korea or Poland for U.S. Government procurement purposes.

    LAW AND ANALYSIS:

    Pursuant to Subpart B of Part 177, 19 CFR 177.21 et seq., which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), CBP issues country-of-origin advisory rulings and final determinations as to whether an article is a product of a designated country for the purpose of granting waivers of certain “Buy American” restrictions on U.S. Government procurement.

    In rendering final determinations for purposes of U.S. Government procurement, CBP applies the provisions of Subpart B of Part 177 consistent with the Federal Procurement Regulations. See 19 CFR 177.21. The rule of origin applicable in this context states that “[a]n article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.” 19 U.S.C. 2518(4)(B); 19 CFR 177.22(a). Here, Hanwha cannot satisfy paragraph (i) of CFR 177.22(a), so the issue is whether the solar-module components are “substantially transformed” in Hanwha's manufacturing processes in the Republic of Korea or Poland, as the case may be.

    In order to determine whether a substantial transformation occurs when components of various origins are assembled to form completed articles, CBP considers the totality of the circumstances and makes its decisions on a case-by-case basis. The country of origin of the article's components, the extent of the processing that occurs within a given country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. CBP also considers resources expended on product design and development, the extent and nature of post-assembly inspection procedures, and the worker skill required during the actual manufacturing process; however, no one factor is determinative.

    A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940); and National Hand Tool Corp. v. United States, 989 F.2d 1201 (Fed. Cir. 1992). The Court of International Trade has applied the “essence test” to determine whether the identity of an article is changed through assembly or processing. For example in Uniroyal, Inc. v. United States, 3 CIT 220, 225, 542 F. Supp. 1026, 1030 (1982), aff'd 702 F.2d 1022 (Fed. Cir. 1983), the court held that imported shoe uppers added to an outer sole in the United States were the “very essence of the finished shoe” and thus were not substantially transformed into a product of the United States. Similarly, in National Juice Prods. Ass'n v. United States, 10 CIT 48, 61, 628 F. Supp. 978, 991 (1986), the court held that imported orange juice concentrate “imparts the essential character” to the completed orange juice and thus was not substantially transformed into a product of the United States.

    In HQ H095409, dated Sept. 29, 2010, a U.S. manufacturer produced finished panels in California. Forty three percent of the cost content of the parts originated from the United States and all research and development took place in California. Key to our finding that a substantial transformation had taken place was the manufacturing process of the solar cells themselves. This process—which involved depositing thin films of chemicals on the inside of glass tubes—took five of the six and a half days it took to manufacture the finished solar panels. We found that turning bare glass tubes into functional solar cells in the United States constituted making a product with a new name, character, and use such that a substantial transformation had occurred.

    Here, Hanwha's assembly processes fall short of those described in H095409. For one, Hanwha's assembly processes take less than a day, whereas those in H095409 took more than six. Moreover, although Hanwha conducts research and development in Korea and Poland, it is focused on the manufacturing process, not on product design and development.

    In the scenario where Malaysian solar cells are used, almost none of the parts in the finished panels come from either Korea or Poland, the two countries where the panels are assembled. Unlike H095409, which involved a 43% cost content of the country of assembly, here, where Malaysian solar cells are used, the cost content is at most 8.6% Korean for the panels assembled in Korea and 0% Polish for the panels assembled in Poland. Most importantly, however, the solar cells themselves are produced in Malaysia. As noted above, the complex manufacturing process of the solar cells themselves was key to our finding that a substantial transformation had occurred in H095409. Turning glass tubes into functioning solar cells resulted in a product with a new name, character, and use. Here, assembling solar cells into finished solar panels does not. Rather, we find that the solar cells impart the essential character of the solar panels. Therefore, where Malaysian solar cells are used, the country of origin for government-procurement purposes is Malaysia.

    Similarly, in the scenario where Korean solar cells are used, the country of origin for government-procurement purposes is Korea.

    HOLDING:

    Based on the facts of this case, the solar panels' country of origin for U.S. Government procurement is Malaysia when Malaysian solar cells are used and Korea when Korean solar cells are used.

    Sincerely, Harold Singer, Acting Executive Director, Regulations & Rulings Office of International Trade.
    [FR Doc. 2015-24082 Filed 9-21-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2014-0010] Infrastructure Assessments and Training AGENCY:

    National Protection and Programs Directorate, DHS.

    ACTION:

    60-day notice and request for comments; Reinstatement, with change, of a previously approved collection: 1670-0009.