Federal Register Vol. 80, No.229,

Federal Register Volume 80, Issue 229 (November 30, 2015)

Page Range74673-74964
FR Document

80_FR_229
Current View
Page and SubjectPDF
80 FR 74755 - Initiation of Antidumping and Countervailing Duty Administrative ReviewsPDF
80 FR 74754 - Application for Additional Production Authority; The Coleman Company, Inc.; Subzone 119I; (Textile-Based Personal Flotation Devices) Notice of Postponement of Public HearingPDF
80 FR 74822 - Sunshine Act MeetingPDF
80 FR 74814 - Sunshine Act Meeting NoticePDF
80 FR 74836 - Proposed Collection; Comment Request for Form 4970PDF
80 FR 74740 - Request for Information (RFI) Regarding Involving the Public in the Formulation of Forest Service DirectivesPDF
80 FR 74764 - Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Postponement of Preliminary Determinations of Antidumping Duty InvestigationsPDF
80 FR 74757 - Certain Oil Country Tubular Goods From Taiwan: Rescission of Antidumping Duty Administrative Review in Part; 2014-2015PDF
80 FR 74759 - Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2014-2015PDF
80 FR 74758 - Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty OrderPDF
80 FR 74828 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order Approving a Proposed Rule Change Relating to the Active Specialized Quote Feed Port FeePDF
80 FR 74793 - Renewal of Agency Information Collection for Leases and PermitsPDF
80 FR 74755 - Call for Applications for the International Buyer Program Calendar Year 2017PDF
80 FR 74760 - Call for Applications for the International Buyer Program Select Service for Calendar Year 2017PDF
80 FR 74832 - Culturally Significant Objects Imported for Exhibition Determinations: “Nasreen Mohamedi” ExhibitionPDF
80 FR 74831 - Culturally Significant Objects Imported for Exhibition Determinations: “Everywhen: The Eternal Present in Indigenous Art from Australia” ExhibitionPDF
80 FR 74832 - Culturally Significant Objects Imported for Exhibition Determinations: “The World in Play: Luxury Cards, 1430-1540” ExhibitionPDF
80 FR 74832 - Determination by the Secretary of State Relating to Iran SanctionsPDF
80 FR 74677 - General Allocation and Accounting Regulations Under Section 141; Remedial Actions for Tax-Exempt Bonds; CorrectionPDF
80 FR 74678 - General Allocation and Accounting Regulations Under Section 141; Remedial Actions for Tax-Exempt Bonds; CorrectionPDF
80 FR 74712 - Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency ActionPDF
80 FR 74741 - Periodic ReportingPDF
80 FR 74710 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line ComponentPDF
80 FR 74738 - Federal Policy for the Protection of Human Subjects, Extension of Public Comment PeriodPDF
80 FR 74772 - Medicare Program; Announcement of the Advisory Panel on Hospital Outpatient Payment (HOP Panel) Meeting on March 14-15, 2016PDF
80 FR 74774 - Medicare Program; Town Hall Meeting on the FY 2017 Applications for New Medical Services and Technologies Add-On PaymentsPDF
80 FR 74746 - Announcement of Competition under the America COMPETES, Reauthorization Act of 2010PDF
80 FR 74817 - Post-DOMA Survivor Annuitant Federal Employees Health Benefit Waiver CriteriaPDF
80 FR 74769 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
80 FR 74715 - Prevailing Rate Systems; Abolishment of the Newburgh, NY, Appropriated Fund Federal Wage System Wage AreaPDF
80 FR 74815 - Privacy Act of 1974; Routine Use Implementation; System of RecordsPDF
80 FR 74673 - Prevailing Rate Systems; Redefinition of the Harrisburg, PA and Scranton-Wilkes-Barre, PA, Appropriated Fund Federal Wage System Wage AreasPDF
80 FR 74694 - Defense Federal Acquisition Regulation Supplement; Technical AmendmentsPDF
80 FR 74770 - Proposed Collection; Comment RequestPDF
80 FR 74792 - Revision of Agency Information Collection for the Bureau of Indian Education Tribal Education Department Grant ProgramPDF
80 FR 74744 - Control Date for Trawl Groundfish Fisheries in the Aleutian IslandsPDF
80 FR 74797 - Outer Continental Shelf (OCS), Alaska Region, Beaufort Sea Planning Area, Liberty Development and Production Plan, Extension of Public Scoping Comment PeriodPDF
80 FR 74797 - Cancellation of Oil and Gas Lease Sale 242 in the Beaufort Sea Planning Area on the Outer Continental Shelf (OCS)PDF
80 FR 74796 - Cancellation of Oil and Gas Lease Sale 237 in the Chukchi Sea Planning Area on the Outer Continental Shelf (OCS)PDF
80 FR 74765 - Endangered Species; File No. 18526PDF
80 FR 74776 - Psychopharmacologic Drugs Advisory Committee; Notice of MeetingPDF
80 FR 74739 - Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11PDF
80 FR 74794 - Notice of Availability of the Copper Flat Copper Mine Draft Environmental Impact Statement, Sierra County, NMPDF
80 FR 74818 - Public Input on the Triennial Update to the USGCRP Strategic PlanPDF
80 FR 74765 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
80 FR 74765 - North Pacific Fishery Management Council; Public MeetingPDF
80 FR 74772 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
80 FR 74837 - Proposed Information Collection: VA Financial Services Center (VA-FSC) Vendor File Request FormPDF
80 FR 74752 - Proposed Information Collection; Comment Request; 2016 National Survey of Children's HealthPDF
80 FR 74754 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
80 FR 74763 - Export Trade Certificate of ReviewPDF
80 FR 74762 - Meeting of the United States Travel and Tourism Advisory BoardPDF
80 FR 74762 - Meeting of the United States Manufacturing CouncilPDF
80 FR 74799 - Certain Magnesia Carbon Bricks From China and Mexico; Scheduling of Expedited Five-Year ReviewsPDF
80 FR 74835 - Additional Designations, Foreign Narcotics Kingpin Designation ActPDF
80 FR 74838 - Agency Information Collection (Application for Voluntary Service VA Form 10-7055 and Associated Internet Application)PDF
80 FR 74715 - Open Licensing Requirement for Direct Grant ProgramsPDF
80 FR 74791 - Low-Effect Habitat Conservation Plan for Seven Covered Species, Los Angeles Department of Water and Power Land, Inyo and Mono Counties, CaliforniaPDF
80 FR 74833 - Federal Highway Administration Revised Notice of Intent To Prepare a Tier 1 Environmental Impact Statement: Juneau, Sauk, and Columbia Counties, WisconsinPDF
80 FR 74798 - Certain Electronic Products, Including Products With Near Field Communication (“NFC”) System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing SamePDF
80 FR 74766 - First Responder Network Authority; First Responder Network Authority Board MeetingsPDF
80 FR 74780 - Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment RequestPDF
80 FR 74737 - Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding “Intended Uses”; Reopening of the Comment PeriodPDF
80 FR 74781 - Privacy Act of 1974; Department of Homeland Security U.S. Citizenship and Immigration Services-010 Asylum Information and Pre-Screening System of RecordsPDF
80 FR 74811 - Notice of Intent To Grant Exclusive LicensePDF
80 FR 74811 - Notice of Intent To Grant a Partially Exclusive Patent LicensePDF
80 FR 74813 - Notice of Intent to Grant Exclusive Patent LicensePDF
80 FR 74789 - Announcement of Funding Award for Fiscal Year 2015 Authority To Accept Unsolicited Proposals for Research PartnershipsPDF
80 FR 74788 - Announcement of Funding Award for Fiscal Year 2014 Research and Evaluation, Demonstrations and Data Analysis and UtilizationPDF
80 FR 74788 - 60-Day Notice of Proposed Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation ProgramPDF
80 FR 74790 - 60-Day Notice of Proposed Information Collection: Housing Counseling ProgramPDF
80 FR 74791 - 60-Day Notice of Proposed Information Collection: Revitalization Area Designation and ManagementPDF
80 FR 74786 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Certified Cargo Screening ProgramPDF
80 FR 74780 - Meeting of the Presidential Advisory Council on HIV/AIDSPDF
80 FR 74777 - National Vaccine Injury Compensation Program; List of Petitions ReceivedPDF
80 FR 74717 - Mitigation of Beyond-Design-Basis Events; CorrectionPDF
80 FR 74771 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Pell for Students Who Are Incarcerated Experimental Site InitiativePDF
80 FR 74800 - Daniel A. Glick, D.D.S.; Decision and OrderPDF
80 FR 74795 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
80 FR 74813 - NASA Advisory Council; Science Committee; Planetary Protection Subcommittee; MeetingPDF
80 FR 74814 - NASA Advisory Council; Science Committee; Heliophysics Subcommittee; MeetingPDF
80 FR 74718 - Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996PDF
80 FR 74831 - LaSalle Capital Group II-A, L.P.; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of InterestPDF
80 FR 74819 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing of Proposed Rule Change Regarding the Acknowledgment of End-of-Day Net-Net Settlement Balances by Settling BanksPDF
80 FR 74826 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change Relating Alternative Primary Market MakersPDF
80 FR 74822 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Schedule of FeesPDF
80 FR 74829 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change To Amend Rule 804(g)PDF
80 FR 74824 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing of Proposed Rule Change To Amend Rule 804(g)PDF
80 FR 74678 - Transition Assistance Program (TAP) for Military PersonnelPDF
80 FR 74836 - Submission for OMB Review; Comment RequestPDF
80 FR 74742 - Petitions for Reconsideration of Action in Rulemaking ProceedingPDF
80 FR 74695 - Prohibiting Coercion of Commercial Motor Vehicle DriversPDF
80 FR 74768 - Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0087, Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap ParticipantsPDF
80 FR 74766 - Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0084, Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap ParticipantsPDF
80 FR 74832 - Projects Rescinded for Consumptive Uses of WaterPDF
80 FR 74781 - National Center for Advancing Translational Sciences; Notice of MeetingPDF
80 FR 74811 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability ActPDF
80 FR 74818 - New Postal ProductPDF
80 FR 74720 - Airworthiness Directives; Embraer S.A. AirplanesPDF
80 FR 74726 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 74729 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 74731 - Airworthiness Directives; The Boeing Company AirplanesPDF
80 FR 74723 - Airworthiness Directives; Airbus AirplanesPDF
80 FR 74812 - Notice of Information CollectionPDF
80 FR 74711 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15PDF
80 FR 74743 - Pipeline Safety: Notice of Gas Pipeline Advisory Committee MeetingPDF
80 FR 74835 - Publication of a General License Related to the Foreign Narcotics Kingpin Sanctions ProgramPDF
80 FR 74834 - Notice of Intent To Grant a Buy America Waiver To the Illinois Department of Transportation for the Use of Sure Close Self-Closing Force Adjustable Gate HingesPDF
80 FR 74736 - Proposed Establishment of Class E Airspace; Clinton, ARPDF
80 FR 74676 - Amendment of Class E Airspace for the Following New York Towns: Elmira, NY; Ithaca, NY; Poughkeepsie, NYPDF
80 FR 74734 - Proposed Amendment of Class E Airspace; West Dover, VTPDF
80 FR 74673 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
80 FR 74740 - Proximity Detection Systems for Mobile Machines in Underground MinesPDF
80 FR 74771 - Intent To Prepare a Draft Table Rock Lake Shoreline Management Plan Report and Environmental Impact Statement To Investigate Potential Significant Impacts, Either Positive or Negative, to Table Rock Lakes' Authorized Purposes of Flood Risk Management, Hydropower, Water Supply, Recreation, and Fish and WildlifePDF
80 FR 74722 - Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Turbofan EnginesPDF
80 FR 74797 - Agency Information Collection Activities Under OMB Review; Renewal of a Currently Approved Information CollectionPDF
80 FR 74926 - Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systemically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations; Regulatory Capital Deduction for Investments in Certain Unsecured Debt of Systemically Important U.S. Bank Holding CompaniesPDF
80 FR 74694 - Media Bureau Finalizes Reimbursement Form for Submission to OMB and Adopts Catalog of ExpensesPDF
80 FR 74840 - Margin and Capital Requirements for Covered Swap EntitiesPDF
80 FR 74916 - Margin and Capital Requirements for Covered Swap EntitiesPDF

Issue

80 229 Monday, November 30, 2015 Contents Agriculture Agriculture Department See

Food and Nutrition Service

See

Forest Service

Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2016 National Survey of Children's Health, 74752-74754 2015-30287 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings: Medicare Program; Advisory Panel on Hospital Outpatient Payment, 74772-74774 2015-30315 Medicare Program; FY 2017 Applications for New Medical Services and Technologies Add-On Payments, 74774-74776 2015-30314 Commerce Commerce Department See

Census Bureau

See

Economic Development Administration

See

First Responder Network Authority

See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants, 74766-74768 2015-30235 Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap Participants, 74768-74769 2015-30236 Comptroller Comptroller of the Currency RULES Margin and Capital Requirements for Covered Swap Entities, 74840-74914, 74916-74924 2015-28670 2015-28671 PROPOSED RULES Regulatory Publication and Review under the Economic Growth and Regulatory Paperwork Reduction Act, 74718-74720 2015-30247 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Technical Amendments, 74694-74695 2015-30307 Defense Department Defense Department See

Defense Acquisition Regulations System

See

Engineers Corps

RULES Transition Assistance Program for Military Personnel, 74678-74694 2015-30240 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74770-74771 2015-30306 Charter Renewals: Federal Advisory Committees, 74769-74770 2015-30311
Drug Drug Enforcement Administration NOTICES Decisions and Orders: Daniel A. Glick, 74800-74810 2015-30256 Economic Development Economic Development Administration NOTICES Petitions: Eligibility to Apply for Trade Adjustment Assistance, 74754 2015-30286 Education Department Education Department PROPOSED RULES Open Licensing Requirement for Direct Grant Programs; Comment Period Extension, 74715 2015-30279 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pell for Students who are Incarcerated Experimental Site Initiative, 74771-74772 2015-30257 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Draft Table Rock Lake Shoreline Management Plan Report; Table Rock Lakes' Authorized Purposes of Flood Risk Management, Hydropower, Water Supply, Recreation, and Fish and Wildlife, 74771 2015-30155 Farm Credit Farm Credit Administration RULES Margin and Capital Requirements for Covered Swap Entities, 74840-74914, 74916-74924 2015-28670 2015-28671 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 74673-74676 2015-30182 Amendment of Class E Airspace: Elmira, NY; Ithaca, NY; Poughkeepsie, NY, 74676-74677 2015-30187 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 74723-74726, 74729-74731 2015-30216 2015-30218 Embraer S.A. Airplanes, 74720-74722 2015-30224 Rolls-Royce Deutschland Ltd and Co KG Turbofan Engines; Withdrawal, 74722-74723 2015-30010 The Boeing Company Airplanes, 74726-74729, 74731-74734 2015-30217 2015-30223 Amendment of Class E Airspace: West Dover, VT, 74734-74736 2015-30184 Establishment of Class E Airspace: Clinton, AR, 74736-74737 2015-30188 Federal Communications Federal Communications Commission RULES Media Bureau Finalizes Reimbursement Form and Adopts Catalog of Expenses, 74694 2015-29483 PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 74742-74743 2015-30238 Federal Deposit Federal Deposit Insurance Corporation RULES Margin and Capital Requirements for Covered Swap Entities, 74840-74914, 74916-74924 2015-28670 2015-28671 PROPOSED RULES Regulatory Publication and Review under the Economic Growth and Regulatory Paperwork Reduction Act, 74718-74720 2015-30247 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Juneau, Sauk, and Columbia Counties, WI; Revision, 74833-74834 2015-30277 Federal Housing Finance Agency Federal Housing Finance Agency RULES Margin and Capital Requirements for Covered Swap Entities, 74840-74914, 74916-74924 2015-28670 2015-28671 Federal Motor Federal Motor Carrier Safety Administration RULES Prohibiting Coercion of Commercial Motor Vehicle Drivers, 74695-74710 2015-30237 Federal Railroad Federal Railroad Administration NOTICES Buy America Waivers: Illinois Department of Transportation; Use of Sure Close Self-Closing Force Adjustable Gate Hinges, 74834-74835 2015-30205 Federal Reserve Federal Reserve System RULES Margin and Capital Requirements for Covered Swap Entities, 74840-74914, 74916-74924 2015-28670 2015-28671 PROPOSED RULES Regulatory Publication and Review under the Economic Growth and Regulatory Paperwork Reduction Act, 74718-74720 2015-30247 Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systemically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations; etc., 74926-74964 2015-29740 NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 74772 2015-30289 FIRSTNET First Responder Network Authority NOTICES Meetings: First Responder Network Authority and Board Committees, 74766 2015-30273 Fish Fish and Wildlife Service NOTICES Low-Effect Habitat Conservation Plan for Seven Covered Species: Los Angeles Department of Water and Power Land, Inyo and Mono Counties, CA, 74791-74792 2015-30278 Food and Drug Food and Drug Administration PROPOSED RULES Clarification of When Products Made or Derived from Tobacco are Regulated as Drugs, Devices, or Combination Products: Amendments to Regulations Regarding Intended Uses; Reopening of the Comment Period, 74737-74738 2015-30271 NOTICES Meetings: Psychopharmacologic Drugs Advisory Committee, 74776-74777 2015-30296 Food and Nutrition Food and Nutrition Service NOTICES Competition under the America COMPETES Reauthorization Act, 74746-74752 2015-30313 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 74835-74836 2015-30281 General License Related to the Foreign Narcotics Kingpin Sanctions Program, 74835 2015-30206 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: The Coleman Co., Inc., Subzone 119I; Postponement of Public Hearing, 74754-74755 2015-30482 Forest Forest Service PROPOSED RULES Requests for Information: Involving the Public in the Formulation of Forest Service Directives, 74740-74741 2015-30347 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74780 2015-30272 Meetings: Presidential Advisory Council on HIV/AIDS, 74780-74781 2015-30260
Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program Petitions, 74777-74780 2015-30259 Homeland Homeland Security Department See

Transportation Security Administration

NOTICES Privacy Act; Systems of Records, 74781-74786 2015-30270
Housing Housing and Urban Development Department PROPOSED RULES Federal Policy for the Protection of Human Subjects Public Comment Period Extension, 74738 2015-30317 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Program, 74788 2015-30264 Housing Counseling Program, 74790-74791 2015-30263 Revitalization Area Designation and Management, 74791 2015-30262 Funding Award for Fiscal Year 2014: Research and Evaluation, Demonstrations and Data Analysis and Utilization, 74788-74789 2015-30265 Funding Award for Fiscal Year 2015: Authority to Accept Unsolicited Proposals for Research Partnerships, 74789-74790 2015-30266 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Indian Education Tribal Education Department Grant Program, 74792-74793 2015-30305 Leases and Permits, 74793-74794 2015-30330 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

See

Reclamation Bureau

Internal Revenue Internal Revenue Service RULES General Allocation and Accounting Regulations: Remedial Actions for Tax-Exempt Bonds; Correction, 74677-74678 2015-30321 2015-30322 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74836 2015-30365 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 74755 C1--2015--28460 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Brass Sheet and Strip from Italy, 74759-74760 2015-30340 Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom, 74764 2015-30343 Certain Oil Country Tubular Goods from Taiwan, 74757 2015-30342 Uncovered Innerspring Units from the People's Republic of China, 74758-74759 2015-30336 Export Trade Certificate of Review, 74763-74764 2015-30285 Meetings: United States Manufacturing Council, 74762-74763 2015-30283 United States Travel and Tourism Advisory Board, 74762 2015-30284 Requests for Applications: International Buyer Program Calendar Year 2017, 74755-74757 2015-30329 International Buyer Program Select Service for Calendar Year 2017, 74760-74762 2015-30328 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Magnesia Carbon Bricks from China and Mexico; Scheduling of Expedited Five-Year Reviews, 74799 2015-30282 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Electronic Products, Including Products with Near Field Communication System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing Same, 74798-74799 2015-30276 Justice Department Justice Department See

Drug Enforcement Administration

PROPOSED RULES Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases, 74739-74740 2015-30294 NOTICES Proposed Consent Decrees under CERCLA, 74811 2015-30229
Labor Department Labor Department See

Mine Safety and Health Administration

Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Copper Flat Copper Mine; Sierra County, NM, 74794-74795 2015-30293 Mine Mine Safety and Health Administration PROPOSED RULES Proximity Detection Systems for Mobile Machines in Underground Mines, 74740 2015-30181 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74812-74813 2015-30215 Exclusive Licenses, 74811 2015-30269 Exclusive Patent Licenses, 74813 2015-30267 Meetings: NASA Advisory Council; Science Committee; Heliophysics Subcommittee, 74814 2015-30249 NASA Advisory Council; Science Committee; Planetary Protection Subcommittee, 74813-74814 2015-30250 Partially Exclusive Patent Licenses, 74811-74812 2015-30268 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 74781 2015-30230 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component, 74710-74711 2015-30318 Shrimp Fishery of the Gulf of Mexico; Amendment 15, 74711-74712 2015-30214 Fisheries of the Northeastern United States: Blueline Tilefish Fishery; Secretarial Emergency Action, 74712-74714 2015-30320 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Trawl Groundfish Fisheries in the Aleutian Islands; Control Date, 74744-74745 2015-30302 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 74765-74766 2015-30291 North Pacific Fishery Management Council, 74765 2015-30290 Permits: Endangered Species; File No. 18526, 74765 2015-30297 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 74795-74796 2015-30254 2015-30255 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority and Board Committees, 74766 2015-30273 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Mitigation of Beyond-Design-Basis Events; Correction, 74717 2015-30258 NOTICES Meetings; Sunshine Act, 74814-74815 2015-30420 Ocean Energy Management Ocean Energy Management Bureau NOTICES Cancellation of Oil and Gas Lease Sale 237 in the Chukchi Sea Planning Area on the Outer Continental Shelf, 74796-74797 2015-30299 Cancellation of Oil and Gas Lease Sale 242 in the Beaufort Sea Planning Area on the Outer Continental Shelf, 74797 2015-30300 Outer Continental Shelf, Alaska Region, Beaufort Sea Planning Area, Liberty Development and Production Plan, Extension of Public Scoping Comment Period, 74797 2015-30301 Personnel Personnel Management Office RULES Prevailing Rate Systems; Redefinition of the Harrisburg, PA and Scranton-Wilkes-Barre, PA, Appropriated Fund Federal Wage System Wage Areas, 74673 2015-30308 PROPOSED RULES Prevailing Rate Systems; Abolishment of the Newburgh, NY, Appropriated Fund Federal Wage System Wage Area, 74715-74717 2015-30310 NOTICES Post-DOMA Survivor Annuitant Federal Employees Health Benefit Waiver Criteria, 74817-74818 2015-30312 Privacy Act; Systems of Records, 74815-74817 2015-30309 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other than Single-Family Residences; Gas Pipeline Advisory Committee Meeting, 74743-74744 2015-30208 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 74741-74742 2015-30319 NOTICES New Postal Products, 74818 2015-30225 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74797-74798 2015-29871 Science Technology Science and Technology Policy Office NOTICES Public Input on the Triennial Update to the USGCRP Strategic Plan, 74818-74819 2015-30292 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 74822 2015-30481 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 74819-74822 2015-30245 International Securities Exchange, LLC, 74822-74824, 74826-74831 2015-30242 2015-30243 2015-30244 ISE Gemini, LLC, 74824-74825 2015-30241 NASDAQ OMX PHLX, LLC, 74828-74829 2015-30332 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions: LaSalle Capital Group II-A, L.P., 74831 2015-30246 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Everywhen—The Eternal Present in Indigenous Art from Australia, 74831-74832 2015-30326 Nasreen Mohamedi, 74832 2015-30327 The World in Play—Luxury Cards, 1430-1540, 74832 2015-30325 Determination by the Secretary of State Relating to Iran Sanctions, 74832 2015-30324 Susquehanna Susquehanna River Basin Commission NOTICES Projects Rescinded for Consumptive Uses of Water, 74832-74833 2015-30231 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Pipeline and Hazardous Materials Safety Administration

Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certified Cargo Screening Program, 74786-74788 2015-30261 Treasury Treasury Department See

Comptroller of the Currency

See

Foreign Assets Control Office

See

Internal Revenue Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74836-74837 2015-30239
Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Voluntary Service and Associated Internet Application, 74838 2015-30280 VA Financial Services Center Vendor File Request Form, 74837-74838 2015-30288 Separate Parts In This Issue Part II Farm Credit Administration, 74840-74914 2015-28671 Federal Deposit Insurance Corporation, 74840-74914 2015-28671 Federal Housing Finance Agency, 74840-74914 2015-28671 Federal Reserve System, 74840-74914 2015-28671 Treasury Department, Comptroller of the Currency, 74840-74914 2015-28671 Part III Farm Credit Administration, 74916-74924 2015-28670 Federal Deposit Insurance Corporation, 74916-74924 2015-28670 Federal Housing Finance Agency, 74916-74924 2015-28670 Federal Reserve System, 74916-74924 2015-28670 Treasury Department, Comptroller of the Currency, 74916-74924 2015-28670 Part IV Federal Reserve System, 74926-74964 2015-29740 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.

80 229 Monday, November 30, 2015 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AN18 Prevailing Rate Systems; Redefinition of the Harrisburg, PA and Scranton-Wilkes-Barre, PA, Appropriated Fund Federal Wage System Wage Areas AGENCY:

U.S. Office of Personnel Management.

ACTION:

Final rule.

SUMMARY:

The U.S. Office of Personnel Management (OPM) is issuing a final rule that would redefine the geographic boundaries of the Harrisburg, PA, and Scranton-Wilkes-Barre, PA, appropriated fund Federal Wage System (FWS) wage areas. The final rule will redefine Montour County, PA, from the Harrisburg wage area to the Scranton-Wilkes-Barre wage area. This change is based on a consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC) to best match the county proposed for redefinition to a nearby FWS survey area.

DATES:

Effective date: This regulation is effective on November 30, 2015. Applicability date: This change applies on the first day of the first applicable pay period beginning on or after December 30, 2015.

FOR FURTHER INFORMATION CONTACT:

Madeline Gonzalez, by telephone at (202) 606-2858 or by email at [email protected]

SUPPLEMENTARY INFORMATION:

On July 31, 2015, OPM issued a proposed rule (80 FR 45616) to redefine Montour County, PA, from the Harrisburg, PA, wage area to the Scranton-Wilkes-Barre, PA, wage area.

FPRAC, the national labor-management committee responsible for advising OPM on matters concerning the pay of FWS employees, reviewed and recommended this change by consensus.

The proposed rule had a 30-day comment period, during which OPM received no comments.

Regulatory Flexibility Act

I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 532

Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages.

U.S. Office of Personnel Management. Beth F. Cobert, Acting Director.

Accordingly, the U.S. Office of Personnel Management amends 5 CFR part 532 as follows:

PART 532—PREVAILING RATE SYSTEMS 1. The authority citation for part 532 continues to read as follows: Authority:

5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552.

2. Appendix C to subpart B is amended by revising the wage area listings for the Harrisburg, PA, and Scranton-Wilkes-Barre, PA, wage areas to read as follows: Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas *    *    *    *    * PENNSYLVANIA Harrisburg Survey Area Pennsylvania: Cumberland Dauphin Lebanon York Area of Application. Survey area plus: Pennsylvania: Adams Berks Juniata Lancaster Lycoming (Allenwood Federal Prison Camp portion only) Mifflin Northumberland Perry Schuylkill Snyder Union *    *    *    *    * Scranton-Wilkes-Barre Survey Area Pennsylvania: Lackawanna Luzerne Monroe Area of Application. Survey area plus: Pennsylvania: Bradford Columbia Lycoming (Excluding Allenwood Federal Prison Camp) Montour Sullivan Susquehanna Wayne Wyoming *    *    *    *    *
[FR Doc. 2015-30308 Filed 11-27-15; 8:45 am] BILLING CODE 6325-39-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-5819; Directorate Identifier 2015-NM-166-AD; Amendment 39-18336; AD 2015-24-04] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, CL-600-2D15 (Regional Jet Series 705) airplanes, CL-600-2D24 (Regional Jet Series 900) airplanes, and CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD requires repetitive detailed inspections of the cage assembly, window louver panel assemblies (WLPAs), and blowout panels (BOPs), and corrective action if necessary. This AD was prompted by reports of several cases of damaged or detached decompression WLPAs and BOPs. We are issuing this AD to detect and correct damaged and detached WLPAs and BOPs. A detached WLPA or BOP could delay smoke detection in the cargo compartment, and in the event of a cargo compartment fire, this could lead to an uncontrolled cargo compartment fire.

DATES:

This AD becomes effective December 15, 2015.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 15, 2015.

We must receive comments on this AD by January 14, 2016.

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 service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.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-2015-5819.

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-2015-5819; or in person at the Docket Operations office 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. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2015-28, dated October 21, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, CL-600-2D15 (Regional Jet Series 705) airplanes, CL-600-2D24 (Regional Jet Series 900) airplanes, and CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:

Several cases of damaged decompression window louver panel assemblies (WLPAs) have been reported in-service. Subsequent review of in-service data also showed multiple reports of detached blowout panels (BOPs). Damaged or detached WLPAs or BOPs create openings in the cargo compartment.

The presence of unintended openings on the WLPAs and BOPs could delay smoke detection in the cargo compartment. In addition, the cargo compartment may not be able to maintain Halon concentration required for fire suppression. In the event of a cargo compartment fire, this condition could lead to an uncontrolled cargo compartment fire.

This [Canadian] AD mandates the repetitive inspection of the affected WLPAs and BOPs.

Required actions include repetitive detailed inspections for damaged and detached WLPAs and BOPs. Corrective actions include repair. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-5819.

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service information:

• Bombardier Service Bulletin 601R-25-201, dated July 21, 2015.

• Bombardier Service Bulletin 670BA-25-100, dated July 21, 2015.

The service information describes procedures for repetitive detailed inspections for damage of the cage assembly, WLPAs, and BOPs, and repair and replacement of damaged parts. 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.

FAA's Determination and Requirements of This AD

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 issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of these same type designs.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because a detached WLPA or BOP could delay smoke detection in the cargo compartment, and in the event of a cargo compartment fire, this could lead to an uncontrolled cargo compartment fire. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-5819; Directorate Identifier 2015-NM-166-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this 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 AD.

Costs of Compliance

We estimate that this AD affects 986 airplanes of U.S. registry.

We also estimate that it will take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $167,620, or $170 per product.

We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.

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.

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 adding the following new airworthiness directive (AD): 2015-24-04 Bombardier Inc.: Amendment 39-18336. Docket No. FAA-2015-5819; Directorate Identifier 2015-NM-166-AD. (a) Effective Date

This AD becomes effective December 15, 2015.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes, certificated in any category, identified in paragraphs (c)(1) through (c)(5) of this AD, configured with a Class C cargo compartment.

(1) Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers (S/Ns) 7003 and subsequent.

(2) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, S/Ns 10002 and subsequent.

(3) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) airplanes, S/Ns 15001 and subsequent.

(4) Bombardier, Inc. Model CL-600-2D24 (Regional Jet Series 900) airplanes, S/Ns 15001 and subsequent.

(5) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/Ns 19001 and subsequent.

(d) Subject

Air Transport Association (ATA) of America Code 25, Equipment/Furnishings.

(e) Reason

This AD was prompted by reports of several cases of damaged or detached decompression WLPAs and BOPs. We are issuing this AD to detect and correct damaged and detached WLPAs and BOPs. A detached WLPA or BOP could delay smoke detection in the cargo compartment, and in the event of a cargo compartment fire, this could lead to an uncontrolled cargo compartment fire.

(f) Compliance

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

(g) Repetitive Inspections and Repair

Within 100 flight hours after the effective date of this AD, do the actions in paragraph (g)(1) or (g)(2) of this AD, as applicable.

(1) For Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes: Do a detailed inspection of the cage assembly for damage (including bent and damaged vertical and horizontal guard rails), do a detailed inspection of the WLPAs to detect discrepancies (including dents, bends, and deformations, and inadequate clearances), and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 601R-25-201, dated July 21, 2015, except as required by paragraph (h) of this AD. Do all applicable corrective actions before further flight. Repeat the inspections thereafter at intervals not to exceed 100 flight hours.

(2) For Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, CL-600-2D15 (Regional Jet Series 705) airplanes, CL-600-2D24 (Regional Jet Series 900) airplanes, and CL-600-2E25 (Regional Jet Series 1000) airplanes: Do a detailed inspection of the cage assembly to detect damage (including bent or deformed tubing and frame, broken joints), and do a detailed inspection of the WLPAs to detect damage (including bent support pins and louver panels; inadequate clearances; and missing, torn, or unbonded fire blocking fabric and foams), and do a detailed inspection of the BOPs to detect damage (including bends, dents, punctures, and deformations; inadequate sealing tape; and a loose or frayed jumper), and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-25-100, dated July 21, 2015, except as required by paragraph (h) of this AD. All applicable corrective actions must be done before further flight. Repeat the inspections thereafter at intervals not to exceed 100 flight hours.

(h) Exceptions to Service Information Specifications

Where Bombardier Service Bulletin 601R-25-201, dated July 21, 2015; and Bombardier Service Bulletin 670BA-25-100, dated July 21, 2015, specify to contact Bombardier for disposition of certain conditions, before further flight, repair using a method approved by the Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

(i) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE-170, 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 Airframe and Mechanical Systems Branch, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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) 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, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2015-28, dated October 21, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-5819.

(k) 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.

(i) Bombardier Service Bulletin 601R-25-201, dated July 21, 2015.

(ii) Bombardier Service Bulletin 670BA-25-100, dated July 21, 2015.

(3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.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.

(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 November 19, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-30182 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-4514; Airspace Docket No. 15-AEA-9] Amendment of Class E Airspace for the Following New York Towns: Elmira, NY; Ithaca, NY; Poughkeepsie, NY AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; technical amendment.

SUMMARY:

This action amends Class E Airspace at Elmira/Corning Regional Airport, Elmira, NY; Ithaca Tompkins Regional Airport, Ithaca, NY; and Duchess County Airport, Poughkeepsie, NY, by eliminating the Notice to Airmen (NOTAM) part time status of the Class E surface airspace designated as an extension at each airport. This action also updates the geographic coordinates of each airport to coincide with the FAA's database, and recognizes the airport name for Ithaca Tompkins Regional Airport. This is an administrative change to coincide with the FAA's aeronautical database.

DATES:

Effective 0901 UTC, February 4, 2016. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

In a review of the airspace, the FAA found the airspace description for Elmira/Corning Regional Airport, Elmira, NY, Ithaca Tompkins Regional Airport, Ithaca, NY, and Duchess County Airport, Poughkeepsie, NY, as published in FAA Order 7400.9Z, Airspace Designations and Reporting Points, does not match the FAA's charting information. This administrative change coincides with the FAA's aeronautical database for Class E Airspace Designated as an Extension to a Class D Surface Area.

Class E airspace designations are published in paragraphs 6004 of FAA Order 7400.9Z dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this final rule. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by eliminating the NOTAM information that reads “This Class E airspace area is effective during the specific dates and time established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.” from the regulatory text of the Class E airspace designated as an extension to Class D at Elmira/Corning Regional Airport, Elmira, NY; Ithaca Tompkins Regional Airport, Ithaca, NY; and Duchess County Airport, Poughkeepsie, NY. Additionally, the geographic coordinates for each airport are updated to be in concert with the FAA's aeronautical database. Also the FAA recognizes the airport's name change from Tompkins County Airport, Ithaca, NY, to Ithaca Tomkins Regional Airport, Ithaca, NY.

This is an administrative change amending the description for the above New York airports, to be in concert with the FAAs aeronautical database, and does not affect the boundaries, or operating requirements of the airspace, therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows: Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area AEA NY E4 Elmira, NY [Amended] Elmira/Corning Regional Airport, Elmira, NY (Lat. 42°09′35″ N., long 76°53′30″ W.) Elmira VOR/DME (Lat. 42°05′40″ N., long 77°01′29″.) ERINN OM (Lat. 42°12′18″ N., long. 76°49′09″ W.)

That airspace extending upward from the surface within 1.8 miles each side of the Elmira VOR/DME 057° radial extending from the 4.2-mile radius to the VOR/DME and within 1.8 miles each side of the Elmira/Corning Regional Airport ILS localizer northeast course extending from the 4.2-mile radius to 1.8 miles northeast of the ERINN OM and within 1.8 miles each side of the centerline of Runway 10 extended easterly from the 4.2-mile radius of the airport for 1.1 miles and within 1.8 miles each side of the centerline of Runway 28 extended westerly from the 4.2-mile radius for 3.7 miles.

AEA NY E4 Ithaca, NY [Amended] Ithaca Tompkins Regional Airport, Ithaca, NY (Lat. 42°29′29″ N., long. 76°27′31″ W.) Ithaca VOR/DME (Lat. 42°29′42″ N., long. 76°27′35″ W.)

That airspace extending upward from the surface from the 4-mile radius of the Tompkins Regional Airport to the 5.7-mile radius of the Tompkins Regional Airport clockwise from the 329° bearing to the 081° bearing from the airport, that airspace from the 4-mile radius of Tompkins County Airport to the 8.7-mile radius of the Tompkins Regional Airport extending clockwise from the 081° bearing to the 137° from the airport, that airspace from the 4-mile radius of Tompkins Regional Airport to the 6.6-mile radius of the Tompkins Regional Airport extending clockwise from the 137° bearing to the 170° bearing from the airport, that airspace from the 4-mile radius to the 5.7-mile radius of the Tompkins Regional Airport extending clockwise from the 170° bearing to the 196° bearing from the airport and that airspace within 2.7 miles each side of the Ithaca VOR/DME 305° radial extending from the 4-mile radius of Tompkins Regional Airport to 7.4 miles northwest of the Ithaca VOR/DME.

AEA NY E4 Poughkeepsie, NY [Amended] Dutchess County Airport, Poughkeepsie, NY (Lat. 41°37′36″ N., long. 73°53′03″ W.) Kingston VORTAC (Lat. 41°39′55″ N., long. 73°49′20″ W.)

That airspace extending upward from the surface within 3.1 miles each side of the Kingston VORTAC 025° radial extending from the VORTAC to 8.3 miles northeast of the VORTAC and within 1.8 miles each side of the Kingston VORTAC 231° radial extending from the 4-mile radius to 9.2 miles southwest of the VORTAC and within 3.1 miles each side of the Kingston VORTAC 050° radial extending from the VORTAC to 9.2 miles northeast of the VORTAC.

Issued in College Park, Georgia, on November 17, 2015. Ryan W. Almasy, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2015-30187 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9741] RIN 1545-BB23; 1545-BC07; 1545-BH48 General Allocation and Accounting Regulations Under Section 141; Remedial Actions for Tax-Exempt Bonds; Correction AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final regulations; correcting amendment.

SUMMARY:

This document contains corrections to final regulations (TD 9741) that were published in the Federal Register on Tuesday, October 27, 2015 (80 FR 65637). The final regulations provide guidance on allocation and accounting, and certain remedial actions, for purposes of the private activity bond restrictions under section 141of the Internal Revenue Code that apply to tax-exempt bonds issued by State and local governments.

DATES:

This correction is effective November 30, 2015 and applicable October 27, 2015.

FOR FURTHER INFORMATION CONTACT:

Johanna Som de Cerff or Zoran Stojanovic at (202) 317-6980 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Background

The final regulations (TD 9741) that are the subject of this correction are under section 141 of the Internal Revenue Code.

Need for Correction

As published, the final regulations (TD 9741) contains an error that may prove to be misleading and is in need of clarification.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Correction of Publication

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment:

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

26 U.S.C. 7805 * * *

Par. 2. Section 1.141-15 is amended by revising paragraph (l)(1) to read as follows:
§ 1.41-15 Effective/applicability dates.

(l) * * * (1) In general. Except as otherwise provided in this section, §§ 1.141-1(e), 1.141-3(g)(2)(v), 1.141-6, 1.141-13(d), and 1.145-2(b)(4), (b)(5), and (c)(2) apply to bonds that are sold on or after January 25, 2016, and to which the 1997 regulations (as defined in paragraph (b)(1) of this section) apply.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2015-30322 Filed 11-27-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9741] RIN 1545-BB23; 1545-BC07; 1545-BH48 General Allocation and Accounting Regulations Under Section 141; Remedial Actions for Tax-Exempt Bonds; Correction AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final regulations; correction.

SUMMARY:

This document contains corrections to final regulations (TD 9741) that were published in the Federal Register on Tuesday, October 27, 2015 (80 FR 65637). The final regulations on allocation and accounting, and certain remedial actions, for purposes of the private activity bond restrictions under section 141of the Internal Revenue Code that apply to tax-exempt bonds issued by State and local governments.

DATES:

This correction is effective November 30, 2015 and applicable October 27, 2015.

FOR FURTHER INFORMATION CONTACT:

Johanna Som de Cerff or Zoran Stojanovic at (202) 317-6980 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations (TD 9741) that are the subject of this correction are under sections 141 of the Internal Revenue Code.

Need for Correction

As published, the final regulations (TD 9741) contain errors that may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the final regulations (TD 9741), that are subject to FR Doc. 2015-27328, are corrected as follows:

1. On page 65641, in the preamble, third column, the second and third sentences of the first full paragraph, under paragraph heading “Anticipatory Redemptions, ”the language “This allows targeting of funds other than tax-exempt bond proceeds to finance portions of projects that are expected to be used for private business use in the future. The intent of this proposed rule is to encourage retirement of tax-exempt bonds before the occurrence of nonqualified use.” is corrected to read “This would have allowed targeting of funds other than tax-exempt bond proceeds to finance portions of projects that are expected to be used for private business use in the future. The intent of this proposed rule was to encourage retirement of tax-exempt bonds before the occurrence of nonqualified use”.

2. On page 65642, in the preamble, first column, first sentence of the third full paragraph, under paragraph heading “Nonqualified Bonds,” the language “Commenters generally agreed with the proposed change that allows any bonds of any issue to be treated as the” is corrected to read “Commenters generally agreed with the proposed change that allows any bonds of an issue to be treated as the”.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2015-30321 Filed 11-27-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 88 [Docket ID: DOD-2013-OS-0236] RIN 0790-AJ17 Transition Assistance Program (TAP) for Military Personnel AGENCY:

Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION:

Interim final rule.

SUMMARY:

This rule establishes policy, assigns responsibilities, and prescribes procedures for administration of the DoD Transition Assistance Program (TAP). The goal of TAP is to prepare all eligible members of the Military Services for a transition to civilian life, including preparing them to meet Career Readiness Standards (CRS). The TAP provides information and training to ensure Service members leaving Active Duty and eligible Reserve Component Service members being released from active duty are prepared for their next step in life whether pursuing additional education, finding a job in the public or private sector, starting their own business or other form of self-employment, or returning to school or an existing job. Service members receive training to meet CRS through the Transition GPS (Goals, Plans, Success) curricula, including a core curricula and individual tracks focused on Accessing Higher Education, Career Technical Training, and Entrepreneurship.

All Service members who are separating, retiring, or being released from a period of 180 days or more of continuous Active Duty must complete all mandatory requirements of the Veterans Opportunity to Work (VOW) Act, which includes pre-separation counseling to develop an Individual Transition Plan (ITP) and identify their career planning needs; attend the Department of Veterans Affairs (VA) Benefits Briefings I and II to understand what VA benefits the Service member earned, how to apply for them, and leverage them for a positive economic outcome; and attend the Department of Labor Employment Workshop (DOLEW), which focuses on the mechanics of resume writing, networking, job search skills, interview skills, and labor market research.

DATES:

Effective date: This rule is effective February 3, 2016.

Comment date: Comments must be received by January 14, 2016.

ADDRESSES:

You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) number and title, by any of the following methods:

Federal Rulemaking Portal: http://www.regulations.gov; or

Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

*Instructions for submitting comments: All submissions received must include the agency name and docket number or RIN for this Federal Register rule. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT:

Ron Horne, 703-614-8641.

SUPPLEMENTARY INFORMATION:

The DoD is committed to providing military personnel from across the Services access to the TAP. The TAP prepares all eligible members of the Military Services for a transition to civilian life; enables eligible Service members to meet the CRS as required by this rule; and is the overarching program that provides transition assistance, information, training, and services to eligible transitioning Service members to prepare them to be career ready when they transition back to civilian life.

Spouses of eligible Service members are entitled to the DOLEW, job placement counseling, DoD/VA-administered survivor information, financial planning assistance, transition plan assistance, VA-administered home loan services, housing assistance benefits information, and counseling on responsible borrowing practices. Dependents of eligible Service members are entitled to career change counseling and information on suicide prevention.

These revisions will:

• Institutionalize the implementation of the VOW Act of 2011,

• require mandatory participation in the Department of Labor (DOL) Employment Workshop (EW),

• implement the Transition GPS (Goals, Plans, Success) curriculum,

• require development of an Individual Transition Plan (ITP),

• enhance tracking of attendance at TAP events,

• implement of mandatory Career Readiness Standards (CRS) for separating Service members, and

• incorporate a CAPSTONE event to document transition readiness and reinforce Commanding Officer accountability and support for the needs of individual Service members.

This rule improves the process of conducting transition services for eligible separating Service members across the Military Services and establishes the data collection foundation to build short-, medium-, and long-term program outcomes.

In August 2011, President Obama announced his comprehensive plan to ensure America's Post 9/11 Veterans have the support they need and deserve when they leave the military, look for a job, and enter the civilian workforce. A key part of the President's plan was his call for a “career-ready military.” Specifically, he directed DoD and Department of Veterans Affairs (VA) to work closely with other federal agencies and the President's economic and domestic policy teams to lead a Veterans Employment Initiative Task Force to develop a new training and services delivery model to help strengthen the transition readiness of Service members from military to civilian life.Shortly thereafter, Congress passed and the President signed the “VOW to Hire Heroes Act of 2011,” Public Law 112-56, 201-265, 125 Stat. 715 (“VOW Act”), which included steps to improve the existing TAP for Service members. Among other things, the “VOW Act” made participation in several components of TAP mandatory for all Service members (except in certain limited circumstances).

The task force delivered its initial recommendations to the President in December 2011 which required implementation of procedures to document Service member participation, and to demonstrate Military Service compliance with 10 U.S.C. Chapter 58 requirements. The Veterans Opportunity to Work (VOW) Act of 2011 mandated transitioning Service members participation in receiving counseling and training on VA Benefits. VA developed VA Benefits I and II Briefings to meet this mandate. The VOW Act also mandated transitioning Service members to received counseling and informed of services regarding employment assistance. The Department of Labor revised it's curriculum to meet this mandate with the Department of Labor Employment Workshop. The VOW requirements have been codified in 10 U.S.C. Chapter 58 and attendance to all Transition GPS curricula is now documented.

The redesigned TAP was developed around four core recommendations:

Adopt standards of career readiness for transitioning Service members. Service members should leave the military having met clearly defined standards of career readiness.

Implement a revamped TAP curriculum. Service members should be provided with a set of value-added, individually tailored training programs and services to equip them with the set of tools they need to pursue their post-military goals successfully.

Implement a “CAPSTONE”. Service members should be afforded the opportunity, shortly before they depart the military, to review and verify that they have met the CRS and received the services they desire and to be steered to the resources and benefits available to them as Veterans.

Implement a “Military Life Cycle” (MLC) transition model. Transition preparation for Service members should occur over the entire span of their military careers—not just in the last few months of their military service.

Implementation of these recommendations transforms a Service member' experience during separating, retiring, demobilizing, or deactivating to make the most informed career decisions by equipping them with the tools they need to make a successful transition.

The rule discusses a redesigned program which implements, the transition-related provisions of the “VOW Act” and recommendations of the Task Force to offer a tailored curriculum providing Service members with useful and quality instruction with connections to the benefits and resources available to them as Veterans. At the heart of the redesign is the new set of CRS. Just as Service members must meet military mission readiness standards while on Active Duty, Service members will meet CRS before their transition to civilian life.

Spouses of eligible Service members are entitled to the DOLEW, job placement counseling, DoD/VA-administered survivor information, financial planning assistance, transition plan assistance, VA-administered home loan services, housing assistance benefits information, and counseling on responsible borrowing practices. Dependents of eligible service members are entitled to career change counseling and information on suicide prevention.

Regulatory Impact Analysis

As part of the regulatory process, DOD is required to develop a regulatory impact analysis (RIA) for rules with costs or benefits exceeding $100 annually. DOD estimates implementation of this interim rule for the Department will have a cost of approximately $100M or more annually starting in 2016. DoD assumes that the annual outlays will continue.

I. Alternatives Analysis

In President Obama's speech in August of 2011 at the Washington Navy Yard, he used the term `Reverse Boot Camp' to demonstrate his vision for a redesigned TAP to increase the preparedness of Service members to successfully transition from military service to civilian communities. The President's use of language initiated an interagency discussion on an approach to mirror the Military Services' “basic or initial entry training” programs. This approach would require the Military Services to devote approximately 9 to 13 weeks, depending on curriculum development, outcome measures, assessments and individual military readiness and cultural differences, to afford Service members the opportunity to use all aspects of a rigorous transition preparation program.

While no cost estimates were conducted, this approach was deemed both expensive and would jeopardize DoD's ability to maintain mission readiness. Approximately 200,000-250,000 Service members leave DOD each year. To concentrate on transition preparation during the last 9 to 13 weeks of an individual's military career would not be workable since mission readiness could not absorb the impact of the void. Additionally, there would be a an increased expense required to activate or mobilize Reserve Component or National Guard personnel for the nine to 13 weeks prior to transition. Finally, logistical challenges could result from Service members dealing with TAP requirements while deployed. For example, units scheduled to mobilize would be delayed because a returning unit could occupy facilities (such as billeting, classrooms, and training areas) that the deploying units needed to train and prepare for mobilization.

A second alternative considered was establishment of regional residential transition centers staffed by personnel from all Military Services, the Departments of VA, Labor (DoL), and Homeland Security (U.S. Coast Guard), the U.S. Small Business Administration (SBA), and the OPM. Transitioning Service members would be sent on temporary duty for a period of four to six weeks, 12 months prior to their separation or retirement date to receive transition services. Eligible Reserve Component Service members would be assigned to the centers as a continuation of their demobilization out-processing. The potential costs to build or modify existing facilities, or rent facilities that would meet regional residential transition center requirements, as well as costs for Service member travel to and from the regional centers, reduced the viability of this approach.

A third, less expensive option would have left the existing TAP program intact without increasing counselor and curriculum facilitation resources. This option would not have accountability systems and procedures to demonstrate compliance with the “VOW Act” that mandates preseparation counseling, attendance at the DOL's three day Employment Workshop (DOLEW), and attendance at two VA briefings. Due to increasing Veteran unemployment and homeless percentages at the time of the decision, and the rebalancing of the military force, this cost neutral approach would not have the outcome-based capability intended to develop career ready skills in transitioning Service members. This option, which would not have met the requirements of the law, would cost the Military Services approximately $70M versus the fiscal year 2013 (FY13) $122M for the implementation of the re-designed TAP.

II. Anticipated Costs and Benefits

The “VOW Act” mandated preseparation counseling, VA Benefits Briefings I and II, and the DOLEW and these components were implemented in November 2012. On the same day, the “VOW Act” requirements became mandatory; DoD published a policy to make CRS and Commanding Officer verification that Service members are meeting CRS, mandatory. “Vow Act” compliance and CRS must be met by all Service members after they have served 180 days in active duty status. Service members must attend Transition GPS (Goals, Plans, Success) curriculum modules that build career readiness if they cannot meet the CRS on their own. In cases where Service members receive a punitive or Under Other Than Honorable Conditions discharge, Commanding Officers have the discretion of determining participation in the other than mandatory Transition GPS curricula. By policy, all Service members who do not meet the CRS will receive a warm handover to DOL, VA, or other resources targeted at improving career readiness in the area where the standard was not met.

The entire Transition GPS curriculum is now available online through Joint Knowledge Online (JKO); however, Service members must attend preseparation counseling, VA briefings, and the DOLEW in person. All other curriculum can be accessed through the JKO virtual platform. The virtual curriculum (VC) was launched at the beginning of FY14. DoD expected a cost savings in FY14 due to use of the VC but the cost avoidance cannot be calculated, as VC utilization is appropriate on a Service member-by-Service member basis.

Further, resource requirements for DoD become more predictable when transition assistance is provided at pre-determined points throughout the MLC TAP model, mitigating the impacts of “surge” periods when large numbers of Service members separate, demobilize or deactivate. The FY13 cost to DoD to implement the TAP redesign was $122M and in FY14 DoD costs were $85M. The difference is attributed to both implementation costs of the updated program in FY13 and to efficiencies discovered as implementation was completed throughout FY14. These costs represent only the portion of the interagency program that is paid by the DoD. The cost covers Defense civilian and contracted staff (FTEs) salaries and benefits at 206 world-wide locations. Civilian and contract labor account for approximately 88% of total program costs in both fiscal years. The remaining costs include equipment, computers (purchase, maintenance and operations), Information Technology (IT) and architecture, data collection and sharing, Web site development, performance evaluation and assessments, curriculum development and modifications, materials (audio-visual, CDs, eNotebooks, handouts, interactive brick and mortar classroom sessions, virtual curriculum, etc.), facilitation training, research, studies, and surveys. Within DoD, the re-designed TAP capitalized upon existing resources, e.g., use of certified financial planners housed in the Military Services' family centers to conduct financial planning or military education counselors used to conduct the Accessing Higher Education (AHE) track. Other efficiencies include reuse or upgrades to current facilities and classrooms used to deliver legacy TAP. Implementation costs in FY13 included equipping classrooms to allow individual internet access and train-the-trainer workshops to deliver the DoD portions of the Transition GPS curriculum. Examples of efficiencies discovered in FY14 include providing train-the-trainer courses through webinars and savings associated with Service members using the VC.

The DoD provides military spouses the statutory requirements of TAP as prescribed in Title 10, United States Code. Other elements of TAP, prescribed by DoD policy, are available to spouses if resources and space permits. Military spouses can attend the “brick and mortar” Transition GPS curriculum at no cost on a nearby military installation. They can also take the entire Transition GPS curriculum online, virtually, at any time, from anywhere with a computer or laptop for free.

Many of our Veteran and Military Service Organizations, employers and local communities provide transition support services to local installations. Installation Commanders are strongly encouraged to permit access to Veteran Service Organizations (VSOs) and Military Service Organizations (MSOs) to provide transition assistance-related events and activities in the United States and abroad at no cost to the government. Two memos signed by Secretary of Defense Chuck Hagel reinforce such access. The memos are effective within 60 days of the December 23 signing, and will remain in effect until the changes are codified within DoD.1 Access to installations is for the purpose of assisting Service members with their post-military disability process and transition resources and services. The costs to VSOs and MSOs would be any costs associated with salaries for paid VSO and MSO personnel. These organizations will pay for any costs associated with travel to and from military installations, as well as any materials they provide to separating Service members and their spouses. Costs to employers and community organizations supporting transition-related events and activities would be similar to those for VSOs and MSOs.

1 DoD Memos signed 12/23/2014. “Installation Access and Support Services to VA-Recognized Veteran Service Organizations/Military Service Organizations” and “Installation Access and Support Services for Nonprofit Non-Federal Entities.”

The DoD is dependent upon other federal agencies to deliver the redesigned TAP to transitioning Service members. The VA, DOL, SBA, Department of Education (ED), and Office of Personnel Management (OPM) have proven to be invaluable partners in supporting the Transition GPS curriculum development and delivery, and in providing follow-on services required by a warm handover due to unmet CRS. These interagency partners strongly support TAP governance and performance measurement.

Although DoD cannot estimate the costs for its interagency partners, TAP provides the Service members with resources through the contributions of its interagency partners that should be identified as factors of total program cost. Transition assistance is a comprehensive interagency effort with contributions from every partner leveraged to provide support to the All-Volunteer Force as the Service members prepare to become Veterans. The interagency partners deliver the Transition GPS curriculum and one-on-one services across 206 military installations across the globe. DoD can only speak to TAP costs within the Defense fence line, but can discuss the value provided by interagency partners.

The DOL provides skilled facilitators that deliver the DOLEW, a mandatory element of the Transition GPS standardized curriculum. DOL's American Jobs Centers (AJCs) provide integral employment support to transitioning Service members and transitioned Veterans. The AJCs are identified as resources for the Service members during TAP, which may increase visits from the informed Service members. The AJCs also support warm handovers of Service members who have identified employment as a transition goal on their ITP but do not meet the CRS for employment. DOL also provides input to the TAP interagency working groups and governance boards, and is involved in the data collection, performance measurement, and standardization efforts, all of which represent costs to the organization.

The SBA provides the Transition GPS entrepreneurship track, Boots to Business, to educate transitioning Service members interested in starting their own business about the challenges small businesses face. Upon completing the Boots to Business track, the SBA allows Service members to access the SBA on-line entrepreneurship course, free of charge. The SBA then provides Service members the opportunity to be matched to a successful businessperson as a mentor. This is a tremendous commitment that must create additional costs for the SBA. The SBA offices continue to provide support to Veterans as they pursue business plan development or start up loans; provision of this support is in their charter, but the increased awareness provided through the Transition GPS curriculum is likely to increase the patronage and represent a cost to SBA. The SBA also provides input to the TAP interagency working groups and governance boards. The SBA is engaged with data collection and sharing efforts to determine program outcomes.

VA provides facilitators who deliver the mandatory VA Benefits Briefings I and II as part of the Transition GPS standardized curriculum required to meet “VOW Act” requirements. The VA facilitators also deliver the two-day track for Career Technical Training that provides instruction to Service members to discern the best choices of career technical training institutions, financial aid, best use of the Post 9/11 GI Bill, etc. Benefits counselors deliver one-on-one benefits counseling on installations, as space permits. As a primary resource for Veterans, VA ensures benefits counselors are able to accept warm handovers of transitioning Service members who do not meet CRS and require VA assistance post separation. The VA hosts a web portal for connectivity between employers and transitioning Service members, Veterans and their families. VA provides input to the TAP interagency working groups and governance boards, and is involved in the data collection and sharing efforts to determine program outcomes, all of which represent costs to the organization.

ED serves a unique and highly valued role in the interagency partnership by ensuring the entire curriculum, both in classroom and virtual platform delivery, is based on adult learning principles. Their consultative role, tapped daily by the interagency partners, is critical to a quality TAP. ED also provides input to the TAP interagency working groups and governance boards and keeps a keen eye toward meaningful TAP outcomes, all of which represent costs to the organization.

The OPM contributes federal employment information and resources to the DOLEW, and enables the connectivity between the VA's Web portal and USA Jobs Web sites. The OPM also provides input to the TAP interagency working groups and governance boards and contributes to performance measures.

The costs to DoD's interagency partners were not calculated; implementation of this rule was mandated by the “Vow Act” and costs for all parties are already incurred. The calculated costs to DoD and unmeasured costs to DoD's interagency partners provide significant resources to Service members resulting in benefits to the Nation.

The benefits of the redesigned TAP to the Service members are increased career readiness to obtain employment, start their own business or enter career technical training or an institution of higher learning at the point of separation from military service. The legacy, end-of-career TAP is replaced by pre-determined opportunities across the MLC for many transition-related activities to be completed during the normal course of business. Since a direct economic estimate of the value of TAP is difficult for DoD to demonstrate as it would require collection of information from military personnel after they become private citizens, the value of the TAP can be derived by demonstrating qualitatively how Service members value the program and then displaying some changes in economic variables that can be differentiated between Veterans who have access to TAP and non-Veterans who do not have access to the program.

—According to one independent evaluation of the TAP, Service members who had participated in the TAP had, on average, found their first post-military job three weeks sooner than those who did not participate in the TAP.2

2 Source: Veterans Employment and Training Service (DOL VETS) VETS Fact Sheet 1: Transition Assistance Program.

—An independent survey asked Soldiers who had used the TAP their opinions about the curriculum. The Soldiers reported positive opinions about the usefulness of the TAP. 90% of the Soldiers felt that it was a useful resource in searching for employment and 88% of them would recommend the TAP to a colleague.3

3 Source: Faurer, J., Rogers-Brodersen, A. and Bailie, P. (2014). Managing the Re-employment of Military Veterans through the Transition Assistance Program (TAP). Journal of Business and Economics. 12 (1), 55-60.

According to a curriculum assessment completed at the end of each TAP module, transitioning Service members gave the TAP positive reviews on its usefulness for their job search:

—92% of reported that they found the learning resources useful, including notes, handouts, and audio-visuals. —83% reported that the modules enhanced their confidence in their own transition planning. —81% reported that they now know how to access the necessary resources to find answers to transition questions that may arise in the next several months. —79% said that the TAP was beneficial in helping them gain the information and skills they needed better to plan their transition. —79% said that they will use what they learned from the TAP in their own transition planning.4

4 Source: Statement of Dr. Susan Kelly Before the House Veterans Affairs Committee Subcommittee on Economic Opportunity (September 17, 2014).

—A comparison of unemployment insurance usage suggests that recently separated members of the military (2013 & 2014) were more likely to apply what they learned in the re-designed TAP and were more involved earlier in job training programs than unemployed claimants who did not have military experience (8.5% of UCX claimants versus 5.1% of Military service claimants).5

5 Source: Paul Heaton, RAND Corporation, Why is Veteran Unemployment So High?

—According to the Bureau of Labor Statistics, the unemployment rate for Veterans of the current conflict declined by 1.8 percentage points from August 2013 to August 2014 coinciding with the time period when all Service members were required to take the re-designed TAP.6

6 Source: Bureau of Labor Statistics, Employment Situation of Veterans, 2014. (March 18, 2015).

The TAP also helps mitigate the adjustment costs associated with labor market transition. Military members must prepare for the adjustments associated with losing military benefits (e.g. housing, health care, child care) to the benefits afforded in private sector or nonmilitary public sector jobs. The TAP addresses this very important aspect based on a regulatory mandate that they attend both the DOLEW and the VA's Veterans Benefits Briefings, and complete a 12-month post-separation financial plan to meet CRS.

The early alignment of military skills with civilian workforce demands and deliberate planning for transition throughout a Service member's career sets the stage for a well-timed flow of Service members to our Nation's labor force. Employers state that transitioning Service members have critical job-related skills, competencies, and qualities including the ability to learn new skills, strong leadership qualities, flexibility to work well in teams or independently, ability to set and achieve goals, recognition of problems and implementation of solutions, and ability to persevere in the face of obstacles. However, application of these skills and attributes must be translated into employer friendly language. The TAP addresses these issues. The VA web portal supports providing private and public sector employers with a direct link to profiles and resumes of separating Service members where employers can recruit from this talent pipeline.

The rule benefits communities across the country. Civilian communities receive more educated, better-trained and more prepared citizens when separating Service members return to communities as Veterans. Service members learn to align their military skills with civilian employment opportunities, which enables the pool of highly trained, adaptable, transitioning Service members a more timely integration into the civilian workforce and local economies. Service members also learn through TAP about the rich suite of resources available to them from the interagency partners and have, for the asking, one-on-one appointments with interagency partner staff, who can provide assistance to Service members and their families both before and after the Service member leaves active duty. More specifically, the components of the mandatory CRS target deliberate planning for financial preparedness as well as employment, education, housing and transportation plans and, for those Service members with families, childcare, schools, and spouse employment. The DoD and interagency partners incorporated the warm handover requirement for any transitioning Service member who does not meet the CRS. The warm handover is meant to serve as an immediate bridge from DoD to the federal partners' staffs, which are committed to providing needed support, resources and services to Service members post separation in the communities to which the Service members are returning. The intention is to provide early intervention before Veterans encounter the challenges currently identified by some communities, e.g., financial struggles, unemployment, lack of social supports that can spiral down into homelessness, risk taking behaviors, etc. Families and communities benefit.

The Task Force established expectations for program performance measures and outcomes. The redesigned TAP Interagency Executive Council and Senior Steering Group laid the preliminary groundwork to measure long-term program outcomes. While DoD is statutorily limited to measure outcomes while Service members are active duty, DoD performance measures are intended to demonstrate outcomes of the TAP redesign within DoD. These include the verified number of Service members separated from active duty who meet “VOW Act” mandates and who meet CRS prior to separation. At the end of fiscal year 2014, 76.4% of separated Active Duty members met “VOW Act” requirements and 84% met CRS.

These measures set the stage for future long-term measures when transitioning Service members become Veterans. The DoD's TAP Information Technology (IT) architecture and data collection processes enable future data sharing with our Federal partners to show program effectiveness. The DoD requires the interagency support of its partners to further develop and collect data to define a relationship between TAP attendance, “VOW Act” compliance and CRS and long-term outcome measures, e.g. optimal use of Post 9/11 GI Bill benefits and long-term earnings of Post 9/11 Veterans.

Justification for Interim Final Rule

The provisions of the Administrative Procedure Act (APA) 5 U.S.C. 553 requiring notice and public comment are inapplicable because this rule involves a military function of the United States (5 U.S.C. 553(a)(1)) since it addresses the training and transitioning of military members to civilian life. Nonetheless, DOD is providing the public with an opportunity to review and comment on this rule because it is being published to redesign the two decades-old program and make Post 9/11 transitioning Service members career ready. This redesign requires an unprecedented interagency commitment of staffing, programs, and resources across 206 military installations as well as a culture change within DoD. Timely and full execution of the redesign is of significant Congressional interest with three hearings already conducted and more scheduled in the coming months. In the last of four reports to the White House, The Military Life Cycle Transition Assistance Program (MLC TAP) Implementation Plan, the Military Departments stated one of the barriers and risks for implementing the redesigned TAP is the lack of a signed policy from DoD. DoD's interagency partners' budgets and resources are best estimates, pending the issuance of this rule which DOD's partners are required to support. The Military Services are hindered in submitting accurate Program Objective Memorandums (POMs) unless official DoD policy is in place to support their resource and funding requirements.

Retrospective Review

This rule is part of DoD's retrospective plan, completed in August 2011, under Executive Order 13563, “Improving Regulation and Regulatory Review.” DoD's full plan and updates can be accessed at http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036. As required by Executive Order (EO) 13563, DoD intends to conduct periodic reviews along with its partner agencies to modify, or repeal, aspects, as appropriate, and after public notice and comment. DOD expects to conduct a review no later than five years from the publication of this interim rule. With regard to a number of aspects of this rule, possible modifications will be considered based on public comments and related internal studies. DoD intends to synthesize and review available data on such things including new and historical information on transition assistance milestones once a member becomes a veteran. For example, how many veterans use their Post-9/11 GI Bill, how many complete a degree, how long does it take for a veteran to find employment following separation from the military? Following this, DOD may propose modifications to the current provisions of the existing rule.

Regulatory Procedures Executive Order 12866, “Regulatory Planning and Review” and Executive Order 13563, “Improving Regulation and Regulatory Review”

Executive Orders 13563 and 12866 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, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This interim final rule has been designated an “economically significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget (OMB) under the requirements of these Executive Orders.

Congressional Review Act (5 U.S.C. 801)

Under the Congressional Review Act, a major rule may not take effect until at least 60 days after submission to Congress of a report regarding the rule. A major rule is one that would have an annual effect on the economy of $100 million or more or have certain other impacts. This interim final rule is a major rule under the Congressional Review Act.

Section 202, Public Law 104-4, “Unfunded Mandates Reform Act”

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4) requires agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2014, that threshold is approximately $141 million. This rule will not mandate any requirements for State, local, or tribal governments, nor will it affect private sector costs.

Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601)

The DoD certifies that this interim final rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis.

Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)

It has been determined that this rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1980.

Executive Order 13132, “Federalism”

Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. This interim final rule will not have a substantial effect on State and local governments.

List of Subjects in 32 CFR Part 88

Employment, Military personnel.

Accordingly 32 CFR part 88 is revised to read as follows:

PART 88—TRANSITION ASSISTANCE PROGRAM (TAP) FOR MILITARY PERSONNEL Sec. 88.1 Purpose. 88.2 Applicability. 88.3 Definitions. 88.4 Policy. 88.5 Responsibilities. 88.6 Procedures. Appendix A to Part 88—Career Readiness Standards Appendix B to Part 88—MLC TAP Appendix C to Part 88—Pre-Separation or Transition Counseling Appendix D to Part 88—IDP and ITP Appendix E to Part 88—Transition GPS (Goals, Plans, Success) Appendix F to Part 88—DOLEW Exemptions Appendix G to Part 88—Virtual Curricula Appendix H to Part 88—Capstone Appendix I to Part 88—Data, Information Collection, Data Sharing, and Management Portfolio Authority:

10 U.S.C. Chapter 58.

§ 88.1 Purpose.

This part establishes policy, assigns responsibilities, and prescribes procedures for administration of the DoD TAP.

§ 88.2 Applicability.

This part:

(a) Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff (CJCS) and the Joint Staff (JS), the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as the “DoD Components”).

(b) Does not apply to members of the Army and Air National Guard serving under 32 U.S.C. 101.

§ 88.3 Definitions.

Unless otherwise noted, these terms and their definitions are for the purpose of this part.

Active Component (AC). Defined in 10 U.S.C. 101.

Active Duty. Defined in 10 U.S.C. 101.

Active Service. Defined in 10 U.S.C. 101.

Active Status. Defined in 10 U.S.C. 101.

Brick and mortar classroom. A learning environment where participants attend a Transition Goals, Plans, Success (GPS) module in a traditional classroom facility led by an in-person instructor or facilitator.

Credentialing. The act of obtaining certificates, licensure, or other official verification of competency accepted by civilian industry or federal, State, or local authorities.

Career Readiness Standards (CRS). A set of common and specific activities and associated relevant deliverables (documentation within the last 12 months) that must be achieved to demonstrate Service members are prepared to transition effectively to pursue their personal post-separation higher education, career technical training, and civilian employment goals.

Continuum of Military Service Opportunity Counseling. Counseling that provides information to AC Service members on the procedures for and advantages of affiliating with the Selected Reserve, pursuant to 10 U.S.C. 1142.

Department of Labor (DOL) American Job Centers. American Job Centers (or AJCs) provide free help to job seekers and employers for a variety of career and employment-related needs. More than 2,500 AJCs are located throughout the United States. Priority of service applies to employment and training programs funded by the Department of Labor. Many locations have staff directly assigned to assist veterans in finding employment. Although the AJC makes assistance available to everyone looking for a job, veterans are given priority. Priority of Service for veterans at the AJC is offered to all veterans. This means that veterans are offered services before non-veterans and have priority of access to all DOL-funded employment and training programs offered at the AJC.

DOL Employment Workshop. Mandatory DOL-led workshop, which focuses on the mechanics of resume writing, networking, job search skills, interview skills, and labor market research.

DOL Gold Card. The Gold Card initiative is a joint effort of the Department of Labor's Employment and Training Administration (ETA) and the Veterans' Employment and Training Service (VETS). An eligible veteran can present the Gold Card at his/her local AJC to receive enhanced intensive services including up to six months of follow-up.

Eligible Service member. Defined in 10 U.S.C. 101.

Facilitator. A person trained or qualified as a subject matter expert to deliver appropriate components of Transition GPS. The facilitator's primary duty is presenting instruction, information, and engaging curricula to ensure Service members meet learning objectives.

Individual Development Plan (IDP). A written plan designed to meet particular goals for individual career development that is aligned with the eligible Service member's organizational and operational missions. It outlines developmental objectives with training activities (e.g., professional military education and military certifications). Service members will align the IDP effectively to make use of active duty time, experiences, training, and education towards personal long-term post-transition career goals.

Individual Transition Plan (ITP). An OSD standardized document that is created, evolves and is maintained by the Service member that provides the framework to perform detailed assessments of their personal and professional preparedness to achieve realistic career goals after separation from active duty.

Involuntary separation. A Service member is considered to be involuntarily separated if the member was involuntarily discharged or denied reenlistment under adverse or other-than-adverse conditions (e.g., force shaping) pursuant to 10 U.S.C. 1141.

ITP Checklist. An automated tool to document that Service members have met the CRS.

ITP Review. A module in the transition GPS Core Curricula where TAP staff explains the purpose, use, function, and responsibilities associated with the ITP. Eligible Service members must produce evidence of this deliverable indicating they met this CRS before separation, retirement, or release from active duty.

Job placement counseling. Transition services pursuant to 10 U.S.C. 1142 for one-on-one counseling that refines and guides spouses of eligible Service members on all facets of the job search process, to include writing resumes.

Military Occupation Code (MOC) Crosswalk. A curriculum that translates military skills, training, and experience into identification of required civilian credentialing appropriate for civilian jobs.

National Guard. Defined in 10 U.S.C. 101 and 32 U.S.C. 101.

Personal Financial Planning. A curriculum that provides Service members with skills to develop a post-separation 12-month budget. It also assists Service members in learning how to manage their own finances as civilians, both at home and in the workplace.

Recovering Service member. Defined in Department of Defense/Department of Veterans Affairs, Wounded, Ill, and Injured Senior Oversight Committee Memorandum, “Implementation of Wounded, Ill and Injured Related Standard Definitions,” December 10, 2008.

Relocation assistance. Information about the benefits and services provided by the Military Departments related to transport of household goods for transitioning Service members and their dependents and any entitlements for storage.

Reserve Component (RC). Defined in 10 U.S.C. 101 and 37 U.S.C. 101. The Reserve Corps of the Public Health Service is not eligible for TAP services.

Resilient Transitions. A module in the Transition GPS Core Curriculum that introduces participants to resources on transition-related issues, including stress management, considerations for families, support systems, value of a mentor, and special issues, that eligible Service members and their families may encounter as they prepare for a post-military life. These issues may have a significant negative impact on the transition process if overlooked. The focus of the curriculum is to connect the Service member with agencies and organizations based on the individual Service member's need for support and guidance.

Short notice separation. An unanticipated separation with 30 days or fewer before separation, retirement, or release from active duty.

TAP Coordinating Council. Individuals designated in this part to participate in updating and improving the TAP. The TAP Coordinating Council meets at least quarterly.

TAP Governance Body. A structure, established in October 2013, comprised of interagency senior leadership from the DoD, VA, DOL, Department of Homeland Security (DHS), Department of Education (ED), Small Business Administration (SBA), and the Office of Personnel Management (OPM), that steers and monitors implementation of the TAP redesign and modifies TAP, as needed, to meet the changing environment consisting of the TAP Executive Council (EC) and the Senior Steering Group (SSG). See Interagency Statement of Intent, “Transition Assistance for Separating Service Members” (available at http://prhome.defense.gov/RFM/TVPO) for a description of the TAP governance structure.

TAP interagency parties. By law, Federal agencies are required to deliver TAP services to transitioning Service members. See § 88.6 for a list of the TAP interagency parties.

TAP Staff. Subject matter experts hired by OSD and the Military Services, to provide services and programs that prepare Service members for transition from active duty to civilian life.

Targeted population. A population of eligible Service members consisting of those who are:

(1) 18 to 24 years old;

(2) Completing first-term enlistments;

(3) Involuntarily separating due to force shaping; and/or

(4) Separating on short notice from military service.

Transition. The preparation and process for moving from active duty service to the civilian sector.

Transition GPS. A package of activities and curricula specifically designed to provide eligible Service members with the targeted set of knowledge, skills, documentation, and assistance required to meet the CRS before transition and enable a successful transition from active duty to civilian life.

Transition GPS Core Curricula and Tracks. Components of Transition GPS based on value-added learning objectives that enable Service members to become career ready. The Core Curricula builds the CRS common to all Service members. Transition GPS tracks are chosen by Service members to meet Accessing Higher Education and Career Technical Training CRS or to pursue business ownership or other self-employment.

Transition GPS Participant Assessment. A web-based evaluation completed by the Service member about the Transition GPS modules, tracks, and virtual curricula. It includes curriculum and instruction materials, learning outcomes, facilitator performance, facilities, and logistics. Participant feedback from the assessment ensures that Transition GPS meets the needs and expectations of transitioning Service members and is outcome based. Information collected in the assessment will support the performance monitoring, evaluation, and reoccurring modifications to Transition GPS.

Transition overview. The Transition GPS module that explains the transition process in terms of who, what, where, when, and why. It is intended to gain the participant's attention and emphasize the importance of preparing for transition and making the most of the information provided. It is also intended to provide an overview of the Transition GPS Core Curricula program and the benefits of preparation for active involvement in each session. A skilled trainer well versed in the overall TAP should facilitate the transition assistance overview session.

Unanticipated Separation. Service members released from active duty before completion of enlistment, contract, or orders.

VA Benefits Briefings I and II. VA-led mandatory briefings that provide eligible Service members with hands-on training and information on available veterans' benefits and services.

Virtual Transition GPS Curricula. A web-based version of the Transition GPS curricula that provides an alternative delivery method for Service members who cannot attend installation-based training to access Transition GPS classes.

Warm Handover. A Capstone process between respective Military Departments and appropriate interagency parties resulting in the person-to-person connection of Service members to services and follow-up resources as needed. The Warm Handover provides a confirmed introduction and assurance that the appropriate interagency party/parties acknowledge(s) that an eligible Service member requires post-military assistance and the interagency party/parties is/are willing to follow through on providing assistance to meet the needs of Service members and assist them in attaining the CRS and making a successful transition.

§ 88.4 Policy.

It is DoD policy that:

(a) The TAP:

(1) Prepares all eligible members of the Military Services for a transition from Active Duty back to civilian life.

(2) Enables eligible Service members to fulfill the requirements of the VOW to Hire Heroes Act and meet CRS as required by this part.

(3) Is the overarching program that provides transition assistance, information, training, and services to eligible transitioning Service members to prepare them to be career ready when they separate, retire, or are released from active duty back to civilian life. The TAP consists of multiple elements, including: The Transition GPS curricula, the components of which are outlined in appendix E to part 88; policy and procedures; information technology (IT) infrastructure; research, studies and survey data; performance measures and outcomes; assessments; curricula development in both brick and mortar and virtual settings and modifications; CRS; accountability data; and resources required to implement transition assistance.

(b) Components are integrated throughout the eligible Service member's Military Life Cycle (MLC) TAP at key touch points. The Transition GPS component of TAP consists of curriculum, counseling, information, referral, and deliverables to enable eligible Service members to meet the CRS.

(c) This policy establishes a TAP interagency governance structure according to DoD Instruction 5105.18, “DoD Intergovernmental and Intragovernmental Committee Management Program” (available at http://www.dtic.mil/whs/directives/corres/pdf/510518p.pdf), referred to in this part as the TAP EC and SSG. DoD will support and carry out the DoD mission of the governance structure as set out in the Interagency Statement of Intent, dated August 15, 2013, “Transition Assistance for Separating Service Members.” The EC will designate working groups as appropriate. DoD representation to working groups will be in accordance with § 88.5 of this part.

§ 88.5 Responsibilities.

(a) Under the authority, direction, and control of the Under Secretary of Defense (Personnel and Readiness) (USD(P&R)), the Assistant Secretary of Defense for Manpower and Reserve Affairs Readiness and Force Management (ASD(M&RA)):

(1) Provides policy, direction, and oversight to the Transition to Veterans Program Office (TVPO);

(2) Provides oversight and governance for the TAP and serves as the DoD lead chair of the TAP EC on a rotational basis with DOL and the VA;

(3) Oversees TAP policy and programs, monitors compliance with TAP provisions, and provides guidance to DoD Component heads; and

(4) Coordinates with the CJCS to provide JS Senior Enlisted Advisor participation for the TAP EC and Senior Enlisted Advisor representation to the TAP SSG;

(b) Under the authority, direction, and control of USD(P&R)), the Assistant Secretary of Defense for Health Affairs (ASD(HA)):

(1) Ensures that the Defense Health Agency provides transitional medical and dental care information pursuant to 10 U.S.C. 1145 to the TVPO for incorporation into Pre-separation Counseling; and

(2) Provides representation to the TAP EC and SSG working groups, as necessary;

(c) Under the authority, direction, and control of the USD(P&R), the Assistant Secretary of Defense for Reserve Affairs (ASD(RA)):

(1) Helps the TVPO establish and publish guidance for participation in the TAP that is specific to eligible RC Service members as defined in law and policy;

(2) Coordinates with TVPO to integrate elements of Transition GPS, before the DD Form 214, “Certificate of Release from Active Duty,” August 20, 2009, into the Yellow Ribbon Reintegration Program in conjunction with the policy established in DoD Instruction 1342.28, “DoD Yellow Ribbon Reintegration Program (YRRP)” (available at http://www.dtic.mil/whs/directives/corres/pdf/134228p.pdf), as appropriate;

(3) Provides Executive Director, Family and Employer Programs Policy, Senior Executive Service (SES), representation to the TAP SSG; and

(4) Provides representation to the TAP EC and SSG working groups, as necessary.

(d) Under the authority, direction, and control of the (ASD (M&RA), the Deputy Assistant Secretary of Defense for Military Community and Family Policy (DASD(MC&FP)):

(1) Develops policy and programs in DoD Instruction 1342.22, “Military Family Readiness” (available at http://www.dtic.mil/whs/directives/corres/pdf/134222p.pdf) and other applicable MC&FP issuances that complements TAP;

(2) Coordinates with TVPO on the roles, responsibilities, and policies set out in DoD Instruction 1342.22. The roles include coordination with:

(i) Installation education officers that impact the delivery of the Transition GPS Accessing Higher Education track;

(ii) Certified financial counselors that impact the delivery of the Transition GPS Core Curricula Personal Financial Planning for Transition module;

(iii) TAP staff, in conjunction with Military Departments whose staff are functionally aligned with DASD(MC&FP), regarding the delivery of the Transition GPS components to enable eligible Service members to meet CRS;

(3) Provides policy regarding job placement counseling for the spouses of eligible transitioning Service members and career change counseling to Service members and dependents of eligible Service members in accordance with 10 U.S.C. Chapter 58; and

(4) Provides representation to the TAP EC and SSG working groups, as necessary.

(e) Under the authority, direction, and control of the (ASD(R&FM)), the Deputy Assistant Secretary of Defense for Military Personnel Policy (DASD(MPP)) provides:

(1) Information and updates on entitlements and policies affecting eligible Service members as defined in law and policy; and

(2) Representation to the TAP EC and SSG working groups, as necessary.

(f) Under the authority, direction, and control of the ASD(R&FM), the Deputy Assistant Secretary of Defense for Readiness (DASD(R)):

(1) Provides information and updates on entitlements and policies affecting eligible Service members as defined in law and policy;

(2) To the extent possible and where available, ensures DASD(R) programs and policies related to job training, employment skills training, apprenticeships, and internships complement those programs and policies that govern the TAP that fall under the purview of TVPO in conjunction with DoD Instruction 1322.29, “Job Training, Employment Skills Training, Apprenticeships, and Internships (JTEST-A1) for Eligible Service Members” (available at http://www.dtic.mil/whs/directives/corres/pdf/132229p.pdf);

(3) Coordinates private-sector credentialing, licensing, and training outreach, and collaborates with the TVPO to align transition preparation across the MLC TAP and facilitate the military talent pipeline from the Military Departments to the civilian work force; and

(4) Provides representation to the TAP EC and SSG working groups, as necessary;

(g) Under the authority, direction, and control of the USD(P&R), the Director, Department of Defense Human Resource Activity (DoDHRA) provides:

(1) Administrative support to TVPO, including human capital, funding, and logistics; and

(2) Representation to the TAP EC and SSG working groups, as necessary.

(h) Under the authority, direction, and control of the Director, DoDHRA, the Director, Defense Suicide Prevention Office (DSPO):

(1) Provides suicide prevention and resource information to TVPO for incorporation into Transition GPS programming for eligible Service members as defined in statute and policy pursuant to 10 U.S.C. Chapter 58;

(2) Coordinates with TVPO on the role, responsibilities, and training of Suicide Prevention Program Managers (SPPMs), in conjunction with the Military Departments as it relates to Transition GPS; and

(3) Provides representation to the TAP EC and SSG working groups, as necessary.

(i) Under the authority, direction, and control of the Director, DoDHRA, the Director, Defense Manpower Data Center (DMDC):

(1) Oversees implementation of the TAP data collection, data sharing, and IT portfolio management requirements as described in this section;

(2) Provides assistance to TVPO with the establishment of business processes for data collection, data sharing, web services, and cost sharing related to IT portfolio management requirements in this part;

(3) Provides representation to the TAP EC and SSG working groups, as necessary; and

(4) Provides program status updates, as determined by the TVPO, based on data housed within DMDC capabilities;

(j) Under the authority, direction, and control of the ASD(R&FM), the Director, TVPO:

(1) Coordinates TAP policies, programs, and delivery with the USD(P&R);

(2) Develops policy, strategic guidance, and program goals for the TAP and Transition GPS; and reviews, modifies, and reissues such guidance, as required;

(3) Oversees the Military Departments' implementation of TAP;

(4) Implements the requirements of the TAP governance bodies as defined by Interagency Statement of Intent, “Transition Assistance for Separating Service Members”;

(5) In conjunction with ASD(R&FM), supports and coordinates meetings and activities for TAP governance bodies, as defined in § 88.3;

(6) Serves as the DoD lead chair of the TAP SSG on a rotational basis with DOL and VA;

(7) Establishes processes to monitor compliance with statutory mandates and other performance management requirements, as appropriate;

(8) Establishes automated data collection processes through secure electronic data transfer, in conjunction with the Military Departments, partner agencies, and DMDC. (See paragraph (c) of appendix I to part 88);

(9) Before submission of operational execution plans, coordinates with the Military Departments and must receive approval from Director, TVPO, before final submission of operational execution plans, system modifications, or development of new systems that fall under DoD TAP data and information requirements.

(i) Implementation of any new IT system or capability; or

(ii) Revision to an existing system or capability of the Military Departments that support the TAP.

(10) Coordinates and collaborates with the interagency parties and other organizations, as appropriate, in accordance with a Memorandum of Understanding among the DoDVADOLEDDHS, SBA, and OPM “Transition Assistance Program for Separating Service Members” (available at http://prhome.defense.gov/RFM/TVPO/), to facilitate delivery of Transition GPS curricula, resources, and services, and to determine data sharing requirements;

(11) Coordinates with DMDC to provide TVPO-approved web-based services to the Military Departments for electronic transmission of DD Form 2958, “Service Member's Individual Transition Plan Checklist” and DD Forms 2648 or 2648-1, “Pre-separation or Transition Counseling Checklist for Active Component (AC) Service Members” and “Transition Assistance Program (TAP) Checklist for Deactivating/Demobilizing National Guard and Reserve Service Members,” respectively;

(12) Establishes a performance management framework to determine current and future resourcing and requirements;

(13) Analyzes data to evaluate the overall performance of the TAP;

(14) Establishes, reviews, assesses, and evaluates the effectiveness of Transition GPS;

(15) Oversees and monitors the development, delivery, maintenance, modification, and quality assurance of the Transition GPS brick-and-mortar and virtual curricula, products, and CRS deliverables, in accordance with this paragraph and MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members.” Develops brick-and-mortar and virtual curricula for the components of Transition GPS that fall under the purview of DoD and coordinates with interagency partners on their respective curriculums;

(16) Coordinates with interagency parties, the Military Departments, and Joint Knowledge Online (JKO), on the methods, processes, and standards used to deliver Transition GPS brick-and-mortar and virtual curricula, products, and deliverables used within Transition GPS, in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members” and this part;

(17) Monitors Transition GPS curricula delivery by TVPO and Military Departments by conducting evaluations and participant assessments;

(18) Updates DD Forms 2648, 2648-1 and 2958 in conjunction with the Military Departments, within 180 days of legislative changes that affect eligible Service members, as appropriate;

(19) Develops, maintains, standardizes, and oversees usage of the ITP at the appropriate time in an eligible Service member's MLC TAP in conjunction with Military Departments;

(20) Establishes and leads TAP Coordinating Council consisting of subject matter experts from the DoD Components, to formulate, review, and update TAP policies and programs. Collaborates and coordinates on the development of the Military Departments' implementation plans related to TAP. RC members appointed to the TAP Coordinating Council will be determined pursuant to guidance from the Director, TVPO and in consultation with the Military Departments;

(21) Designates the DoD lead for the EC Transition Assistance Working Group. Conducts outreach to private- and public-sector entities to improve transition preparation in order to keep transition services aligned to the needs of the civilian labor market; and

(22) Expands TAP services through online media and other cooperative outreach efforts to support eligible Service members and their spouses, as defined by statute and policy.

(k) The Secretaries of the Military Departments:

(1) Implement and administer TAP in accordance with this part;

(2) Oversee TAP for their respective AC and RC;

(3) Coordinate electronically with TVPO their implementation guidance pertaining to this part, before publication. A copy of the final implementing guidance will be provided to TVPO within 120 days from the publication date of this part. Future changes to TAP guidance will be forwarded to the TVPO within 30 days of issuance;

(4) Ensure the Inspector General (IG) of each Military Department, including their respective RC, conducts an inspection of TAP in accordance with established IG protocols;

(i) TAP IG inspection findings will be submitted biannually to the USD(P&R) no later than January 31 of the fiscal year following the previous inspection date.

(ii) The first TAP IG inspection findings will be submitted two full fiscal years from the effective date of this part.

(5) Internally resource TAP to meet the provisions as defined in law and policy;

(6) Ensure that eligible Service members receive the TVPO standardized Transition GPS components, develop a viable ITP, and meet CRS;

(7) Ensure that Service members who do not meet the CRS or do not have a viable ITP receive a warm handover, as defined in § 88.3, to the appropriate interagency party;

(8) Align, administer, and reinforce Transition GPS components and resources at appropriate key touch points throughout the MLC TAP of eligible Service members to ensure they are afforded the opportunity, time, and resources for career readiness preparation. At the separation, retirement, or release from active duty touch point all Service members must meet the CRS;

(9) Ensure Service member access to Transition GPS brick-and-mortar and virtual curricula;

(10) Provide the opportunity within the officer and enlisted evaluation systems to use the rate at which Service members within a command have met the CRS, as a performance criteria;

(11) In order to execute Transition GPS in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members” and DoD 5500.07-R, “Joint Ethics Regulation (JER)” (available at http://www.dtic.mil/whs/directives/corres/pdf/550007r.pdf), DoD Instruction 1344.07, “Personal Commercial Solicitation on DoD Installations” (available at http://www.dtic.mil/whs/directives/corres/pdf/134407p.pdf), DoD Instruction 1000.15, “Procedures and Support for Non-Federal Entities Authorized to Operate on DoD Installations” (available at http://www.dtic.mil/whs/directives/corres/pdf/100015p.pdf), DoDI 1322.25, “Voluntary Education Program,” and DoDI 1322.19, “Voluntary Education Program in Overseas Areas” to allow facility access to interagency parties on installations in the United States and abroad;

(12) Encourage installation commanders to permit properly vetted civilian employers to have access to transition assistance-related events and activities in the United States and abroad in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members,” DoD 5500.07-R, and DoD Instruction 1344.07, at no cost to the U.S. Government. Access must be for the purpose of offering job opportunities, mentoring, internships, or apprenticeships leading to employment. Educational institution access will also be in accordance with DoD Instruction 1322.25, “Voluntary Education Program,” and DoD Instruction 1322.19, “Voluntary Education Program in Overseas Areas;”

(13) Strongly encourage installation commanders to permit access to VSOs and MSOs to transition assistance-related events and activities in the United States and abroad in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members,” DoD 5500.07-R, and DoD Instruction 1344.07, at no cost to the U.S. Government. Access must be for the purpose of assisting Service members with the pre- and post-military disability claim process and transition resources and services;

(14) Assign the appropriate Departmental Deputy Assistant Secretary or Director to serve as a TAP SSG member (e.g., Civilian Personnel/Quality of Life; Air Force Management Integration; Fleet and Family Readiness); and

(15) Provides representatives to the TAP EC working groups, as necessary.

(l) The Chief of the National Guard Bureau assigns the Director of Personnel, an SES, to serve as a TAP SSG member.

(m) In addition to the responsibilities in paragraph (k) of this section and in consultation with the Commandant of the U.S. Marine Corps (USMC), the Secretary of the Navy (SECNAV):

(1) Develops joint implementation instructions to ensure statutory compliance for all eligible transitioning USMC and U.S. Coast Guard (USCG), personnel whenever the Coast Guard operates as a service in the Navy pursuant to 10 U.S.C. 5033 and 14 U.S.C. 3.

(2) Assigns an SES member to serve as TAP SSG member.

§ 88.6 Procedures.

(a) Military Department Requirements. The Military Services' additional requirements include:

(1) Perform these TAP operations and resource management functions:

(i) Develop requirements and budgets for the Program Objective Memorandum (POM); Future Year Defense Program (FYDP); and program budget reviews, as required to comply with TAP requirements. Coordinate with OSD TVPO for TAP resource advocacy throughout these cycles.

(ii) Establish program elements or accounting codes to separately and independently verify and review the monthly Military Department-funded execution data (i.e., program funding levels, obligations, disbursements) in Defense Finance and Accounting Service (DFAS) reports and submit to TVPO quarterly. Any decrement to Military Department TAP annual program funding of 5% or greater must be reported to TVPO.

(iii) Identify and submit TAP-related issues at the general or flag officer and SES equivalent level to the TVPO in a timely manner so that TAP-related issues can go before the SSG for discussion and decision.

(2) Coordinate with TVPO on implementation of any new IT systems or capabilities and revisions to existing systems that support the TAP. TVPO will have final approval on any new IT systems and or modifications. TVPO approval will be obtained before the Military Departments implement any IT systems modifications or develop any new systems that support TAP. See paragraph (c) of appendix I to part 88.

(3) Use TVPO-selected standardized individual assessment tools.

(4) Ensure that Service members receive an individualized assessment, pursuant to this paragraph, of the various positions of civilian employment in the private sector for which members may be qualified as a result of the skills developed through MOC qualification, successful completion of resident training courses, attainment of military ranks or rates, or other military experiences.

(5) Develop, maintain, document, and oversee the IDP process.

(6) Inform and educate unit, command, and installation leadership on their responsibility to administer the TAP to ensure that eligible Service members meet the CRS before separation, retirement, or release from active duty.

(7) Identify the eligible population for Transition GPS services.

(8) Identify and provide qualified counselors and trained instructors to facilitate the Transition GPS core curricula and Accessing Higher Education track.

(9) Coordinate with DSPO SPPMs at the local installation level to provide information in support of the Transition GPS Core Curricula module on resilient transitions and to distribute suicide prevention information and resources pursuant to 10 U.S.C. Chapter 58 .

(10) Release eligible Service members during duty hours to complete the Transition GPS and exempt them from normal duty for the full 24-hour period of each workshop or briefing day and the 12 hours immediately preceding and following each workshop or briefing.

(11) Provide eligible Service members with the link to the TVPO web-based Transition GPS Participant Assessment and encourage them to complete it at the end of each Transition GPS brick-and-mortar and virtual curricula module or group of modules. Responses will not identify individual Service members.

(12) Establish a process within the military personnel organizations of the Military Departments to receive a legible copy of the completed and authenticated DD Forms 2648 or 2648-1 from the TAP staff. The process will include a mechanism to verify transmission of the form to the eligible Service member's permanent official military personnel file.

(13) Maintain or establish permanent employment assistance centers at appropriate military installations pursuant to 10 U.S.C. 1143.

(14) Use appropriate assets at military installations and in the local community to enhance Transition GPS in accordance with DoD 5500.07-R and DoD Instruction 1344.07.

(15) Coordinate with the appropriate TAP interagency parties for scheduling and conducting the VA Benefits Briefings I and II and Career Technical Training track; DOLEW and SBA Entrepreneurship track in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members.”

(16) Coordinate warm handovers and Capstone support with interagency parties.

(17) Provide classroom space. Classes cannot exceed 50 participants (facilitator-to-student ratio should be 1:50 per separate classroom). A minimum of 10 participants is required to conduct a class. Military Departments will provide classrooms, appropriate facilities, IT infrastructure, fully-functioning web access, equipment, including classroom computers or accommodation for personal computers to enable effective Transition GPS instruction and counseling in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members;” provide adequate facilities and workspace for instruction and counseling as agreed to by interagency parties also in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members.” Military Departments may request exceptions for classrooms of more than 50 or less than 10 participants on a case-by-case basis. Such requests will be handled by the local installation level staff with partner agencies.

(18) Provide reasonable accommodations that enable wounded, ill or injured recovering Service members to successfully complete TAP.

(b) TAP Implementation. (1) Development of brick-and-mortar and virtual curricula, staff training, and delivery of certain elements of the Transition GPS Core Curricula and Transition GPS tracks will be conducted in coordination and conjunction with the TVPO and appropriate TAP interagency parties in accordance with MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members.”

(2) Interagency parties, and their respective curriculas consist of:

(i) VA: Provides the VA Benefits Briefings I and II and Career Technical Training track.

(A) The VA hosts a web portal for connectivity between employers and transitioning Service members, Veterans and military spouses.

(B) The VA web portal supports providing private and public sector employers with a direct link to profiles of separating Service members.

(ii) DOL: Provides the DOLEW.

(iii) SBA: Provides the Entrepreneurship track.

(iv) OPM: In conjunction with DOL, reviews and provides federal job search curriculum content for use in the DOLEW.

(v) ED: Consultative reviews of curricula to ensure accuracy of content, employment of adult learning principles, and to enhance adult learning experiences.

(vi) DHS: Coordinates and plans for USCG participation in the TAP, in accordance with this paragraph. MOU among DoD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members,” and pursuant to 14 U.S.C. 13

(vii) DoD provides transition overview, resilient transitions, MOC Crosswalk, Financial Planning for Transition, ITP review, and Accessing Higher Education.

(c) TAP Eligibility—(1) Service Members. (i) Eligible Service members who have completed their first 180 days or more of continuous active duty in accordance with 10 U.S.C. 1142 are eligible for the following components of Transition GPS:

(A) Pre-separation or Transition Counseling.

(B) Transition GPS Core Curricula.

(C) Transition GPS Tracks.

(D) Capstone.

(ii) RC members may choose to decline pre-separation or transition counseling, using the DD Form 2648 or DD Form 2648-1, for each successive period of active duty under 10 U.S.C. 1142 consisting of 180 days or more of continuous active duty.

(iii) Eligible Service members may choose to participate in one or more of the individual Transition GPS tracks, if resources, capacity, and operational requirements allow, based on the Service member's interests and ability to meet the CRS and complete the track.

(iv) A minimum day requirement for Pre-separation or Transition Counseling does not apply to eligible Service members who are retiring or separating due to a disability.

(v) Administrative and punitive separations change the eligibility of Service member's participation as follows:

(A) Pre-separation or transition counseling will not be provided to a Service member who is being discharged or released before the completion of that member's first 180 continuous days or more on active duty pursuant to 10 U.S.C. 1142.

(B) All Service members shall participate in all mandatory components of Transition GPS. In cases where Service members receive a punitive or “Under Other Than Honorable Conditions” discharge, Commanders have the discretion to determine participation in the remaining Transition GPS curricula in consultation with interagency partners, as appropriate.

(2) Spouses and dependents. (i) Pursuant to 10 U.S.C. 1144, spouses of eligible Service members are entitled to the DOLEW.

(ii) Pursuant to 10 U.S.C. 1142 spouses of eligible Service members are entitled to:

(A) Job placement counseling for spouses and career change counseling to dependents of eligible members in accordance with 10 U.S.C. 1142. See paragraph (d)(3) of § 88.5 for the spouse job placement counseling responsibilities of the DASD(MC&FP).

(B) DoD and VA administered survivor benefits information.

(C) DoD financial planning assistance, including information on budgeting, saving, credit, loans, and taxes.

(E) VA-benefits orientation, such as education, employment, home loan services, housing assistance benefits information, and responsible borrowing practices counseling.

(iii) Pursuant to 10 U.S.C. 1142, eligible Service members and their dependents are entitled to:

(A) Career change counseling.

(B) Information on suicide prevention resource availability following military separation, retirement, or release from active duty.

(iv) Pursuant to 10 U.S.C. 1145, eligible Service members and their dependents are entitled to transitional medical and health care that will be available for 180 days, beginning on the first day after the date of separation, retirement, or release from active duty.

(v) Unless prohibited by statute, spouses of eligible Service members are encouraged to participate in Transition GPS as resources and capacity allow. Participating spouses may have their attendance recorded in accordance with the privacy and information collection mandates and requirements of appendix I to part 88 and 32 CFR part 310.

(vi) Spouses or designated caregivers completing Pre-separation or Transition Counseling (using DD Forms 2648 or 2648-1) on behalf of an eligible recovering Service member will provide their Social Security Number for data collection purposes in accordance with this paragraph,10 U.S.C. 1142, DoD Instruction 1342.28 32 CFR part 310 and 14 U.S.C. 5033.

(d) Transition GPS Priority of Service. The following is the descending order of priority for participation in Transition GPS:

(1) Eligible Service members identified as part of the targeted population, as defined in § 88.3 of this part.

(2) Eligible Service members closest to their dates of separation, retirement, or release from active duty.

(3) Eligible Service members returning from overseas or assigned to remote or isolated and geographically dispersed locations.

(4) All other eligible Service members that do not fall into the categories addressed in paragraphs (a) through (c) of this section.

(5) Eligible Service members who have attended any previous Transition GPS component and who want to repeat a component, as resources and capacity allow.

(6) Spouses of eligible Service members, based on statute and policy, as resources and capacity allow.

(e) Transition GPS participation. All eligible Service members must participate in Transition GPS and must meet the Common CRS and the specific CRS commensurate with their personal higher education or career technical training objectives before separation, retirement, or release from active duty. This will be reflected by the discharge date recorded on the DD Form 214.

Appendix A to Part 88—Career Readiness Standards

(a) The CRS are defined as a set of common and specific activities and associated relevant deliverables (documentation within the last 12 months) that, when achieved, the Service member will be able to demonstrate that he or she is prepared to transition to effectively and pursue their personal post-separation higher education, career technical training, and civilian employment goals. General and flag officers are exempt from CRS, completion of the ITP, ITP Checklist, and Capstone.

(b) The CRS are tangible measures of a Service member's preparedness for higher education or direct entry into a civilian career. The tangible measures consist of:

(1) Common CRS. All eligible Service members will show documented evidence that they have:

(i) Completed the TVPO standardized ITP. The ITP must document the individual's personal employment; higher education; career technical training; or entrepreneurship goals, actions, and milestones ;

(ii) Completed the TVPO standardized 12-month post-separation budget;

(iii) Registered for VABenefits online account;

(iv) Completed the Continuum of Military Service Opportunity counseling (AC only);

(v) Evaluated the transferability of military skills to the civilian workforce and completed the TVPO standardized gap analysis provided during the MOC crosswalk;

(vi) Identified requirements and eligibility for certification, licensure, and apprenticeship in the Service member's desired potential career field;

(vii) Completed a standardized individual assessment tool, as determined by TVPO or the Military Departments, to identify personal interests and leanings that will enable informed decision-making regarding career selection;

(viii) Received a DOL Gold Card, as defined in § 88.3, for DOL American Job Centers; and

(ix) Completed a job application package, received a job offer letter, or provided proof of future employment. The job application package must include the Service member's private or public sector resume, personal and professional references, and at least two submitted job applications.

(2) Accessing Higher Education and Career Technical Training CRS. Eligible Service members seeking higher education or career technical training when they depart from military service will show documented evidence that they have:

(i) Completed a standardized individual assessment tool, selected by the Military Departments, to assess aptitudes, interests, strengths, or skills used to inform a Service member's decisions about selecting higher education and career technical training toward a desired future career field;

(ii) Completed a comparison of higher education or career technical training institution options;

(iii) Completed an application or received acceptance letter from a higher education or career technical training institution and

(iv) Confirmed one-on-one counseling with a higher education or career technical training institution advisor via telephone, email, or letter.

Appendix B to Part 88—MLC TAP

(a) Key Touch Points. (1) Key touch points of the MLC TAP are reflected in the individual Military Service's plans and will include, at a minimum:

(i) First permanent duty station for AC personnel or first home station for RC personnel during initial drilling weekends;

(ii) Reenlistment;

(iii) Promotion;

(iv) Deployment and redeployment or mobilization or activation; demobilization or deactivation;

(v) Change of duty station;

(vi) Major life events (e.g., change in family status, change in Military Occupational Specialty, Navy Rating or Air Force Specialty Code); and

(vii) Retirement, separation or release from active duty.

(2) Transition GPS services may be made available to ineligible RC members during the MLC TAP as resources and capacity allow.

(b) MLC TAP Timeline. (1) The MLC TAP begins at the first permanent duty station or home station, continues throughout the military career of an eligible Service member, and culminates at Capstone. It includes the development of the IDP. Throughout the MLC TAP, Service members will be trained, educated, and postured to become career-ready upon separation from military service by completing the Transition GPS curriculum to meet the CRS. On commencing the transition process, the IDP will migrate into the ITP. The MLC TAP will include a Capstone.

(2) Before participating in Pre-separation or Transition Counseling, eligible Service members will complete a standardized individual assessment tool, as determined by TVPO or the Military Departments, to identify personal interests and leanings that will enable informed decision-making regarding career selection.

(3) Before participating in the Transition GPS Core Curricula, eligible Service members will complete a standardized individual assessment tool, selected by the Military Departments or TVPO, to assess aptitudes, interests, strengths, or skills used to inform a Service member's decisions about selecting higher education and career technical training toward a desired future career field.

(4) Eligible RC component Service members, on completion of two or more mobilizations, must have a relevant standardized individual assessment.

Appendix C to Part 88—Pre-Separation or Transition Counseling

(a) Pre-Separation or Transition Counseling. Mandatory counseling is provided to eligible Service members by TAP staff or command career counselors to inform members of services, benefits, curricula, assessments, CRS deliverables, and ITP during and after their separation, retirement, or release from active duty.

(1) An appropriate legal representative or ethics official will brief eligible Service members on ethics pursuant to DoD 5500.07-R, to ensure they understand information on post government (military) employment counseling (restrictions on employment, imposed by statute and regulation). These briefings shall be conducted by the Military Services as appropriate.

(2) Eligible Service members will receive information from a career counselor or transition staff member on how to access and use the DD Form 2586, “Verification of Military Experience and Training.”

(3) Eligible Service members who are voluntarily or involuntarily separated under any program initiated by a DoD instruction or directive, Congressional directive, Presidential executive order, or Military Department regulation, in order to ensure good order and discipline, shape the force, or draw down or realign forces, will be briefed by a career counselor or transition staff member on any special entitlements or benefits associated with these programs.

(4) Eligible Service members retained on active duty past their enlistment or reenlistment or contracts for purposes of mission essentiality, deployment continuity, or operational requirements, as determined by the Secretary concerned, will be briefed by a career counselor or transition staff member on any entitlements and benefits incurred during involuntary retention actions.

(5) Eligible Services members will be counseled and provided information or referrals, as requested, on all items listed on DD Forms 2648 or 2648-1 by the transition staff or command career counselors.

(b) Pre-Separation or Transition Counseling Timeline. Pursuant to 10 U.S.C. 1142, Pre-separation or Transition Counseling:

(1) For retirement purposes, will begin as soon as possible during the 24-month period preceding an anticipated retirement date but no later than 90 days before retirement; or

(2) For reasons other than retirement, will begin as soon as possible during the 12-month period preceding the anticipated date of separation but no later than 90 days before separation, retirement, or release from active duty; or.

(3) Will begin as soon as possible within the remaining period of service when:

(i) A retirement or other separation is unanticipated, and there are 90 or fewer days before separation, retirement, or release from active duty; or,

(ii) An eligible RC member is being demobilized or deactivated from active duty under circumstances in which operational requirements, as determined by the Secretary concerned, make the 90-day requirement unfeasible.

(4) Will not be provided to Service members who are discharged or released before completing their first 180 continuous days or more on active duty, as defined by 10 U.S.C. 1142. This limitation does not apply in the case of Service members who retire or separate for a disability.

(c) Involuntary Separations. Eligible Service members, and their dependents, undergoing involuntary separation from active duty as defined in 10 U.S.C. 1141 and in accordance with DoD Instruction 1332.30 and DoD Instruction 1332.14, will be made aware that they are entitled to:

(1) Use of commissary and exchange stores during the two-year period starting on the date of involuntary separation, pursuant to 10 U.S.C. 1146;

(2) Transitional medical and dental health care that will be available for 180 days beginning on the first day after the date of involuntary separation, pursuant to 10 U.S.C. 1145;

(3) Extended use of military family housing, subject to overseas Status of Forces Agreements, for up to 180 days after separation on a space-available basis and potential rental charges, pursuant to 10 U.S.C. 1147, the Secretary, shall require a reasonable rental charge for the continued use of military family housing under paragraph (a) of this appendix, except that such Secretary may waive all or any portion of such charge in any case of hardship;

(4) Overseas relocation assistance, including computerized job relocation assistance and job search information, pursuant to 10 U.S.C. 1148;

(5) Preference in hiring by non-appropriated fund instrumentalities, pursuant to 10 U.S.C. 1143; and

(6) Excess leave for a period not in excess of 30 days or permissive temporary duty for a period not in excess of 10 days for the purpose of carrying out necessary relocation activities, pursuant to 10 U.S.C. 1149.

(d) Pre-Separation or Transition Counseling Checklist (DD Forms 2648 or 2648-1). (1) The DD Form 2648 and DD Form 2648-1 will be used by eligible Service members to record Pre-separation or Transition Counseling.

(2) In accordance with 32 CFR part 310, privacy information contained within these forms will be maintained based on the System of Records Notification pertaining to these forms.

(3) All items on the applicable DD Forms 2648 or 2648-1 will be addressed during Pre-separation or Transition Counseling.

(4) Pre-separation or Transition Counseling checklist data will be submitted electronically to DMDC through the DMDC web-based service or TVPO-approved systems.

Appendix D to Part 88—IDP and ITP

(a) IDP. (1) Eligible Service members will initiate an IDP in accordance with Military Department regulations and procedures.

(2) Eligible Service members will document on the IDP the actions they must take to achieve their military and post-transition career goals and meet the CRS before separation, retirement, or release from active duty.

(3) Commanders, or commanders' designees, will ensure eligible Service members develop, update, and maintain the IDP at key touch points throughout the MLC TAP, in accordance with Military Department regulations and procedures.

(4) The IDP should be initiated in accordance with Military Departments regulations, but no later than 180 days after arrival at the first permanent active duty station for AC members or first home station for RC members during their initial drilling weekends.

(5) On the eligible Service member's decision to separate or retire or on notification of involuntary separation, the IDP will migrate into the ITP.

(b) ITP. (1) Service members will be introduced to the requirement of developing an ITP from their IDP during Pre-separation or Transition Counseling.

(2) The ITP is a step-by-step plan derived from the eligible Service member's IDP.

(3) Eligible Service members are required to document their post-military personal and professional goals and objectives on the ITP.

(4) The ITP is an evolving document that is reviewed, modified, and verified throughout transition preparation.

(5) ITP responses serve as potential triggers for further action by the eligible Service member to connect to the appropriate interagency party or subject matter expert for assistance.

(6) During the ITP review and verification processes, eligible Service members must produce evidence of the deliverables that meet the CRS before separation, retirement, or release from active duty.

(c) ITP Checklist (DD Form 2958). (1) The ITP Checklist, in conjunction with the ITP, will be used by the commander, or commander's designee, to verify that the eligible Service member has or has not met the CRS.

(2) If it is determined that the CRS or a viable ITP have not been achieved, then the ITP checklist will document confirmation of a warm handover to partner agencies and or other appropriate agencies.

(3) During the ITP review and verification processes, eligible Service members must produce deliverables to serve as evidence that they are prepared to meet the CRS before separation, retirement, or release from active duty.

(4) ITP Checklist data will be submitted electronically to DMDC through the DMDC web-based service or a TVPO-approved system.

(5) TAP staff will explain to eligible Service members during Pre-separation or Transition Counseling how the ITP and Pre-separation or Transition Counseling checklists work together to provide the Service member with a plan for meeting the CRS.

Appendix E to Part 88—Transition GPS (Goals, Plans, Success)

(a) Transition GPS. (1) Transition GPS is the package of TAP resources and services that will be used as a vehicle to enable eligible Service members to attain the CRS throughout the MLC TAP.

(2) Changes, as needed, to the standardized Transition GPS brick-and-mortar or virtual curricula, services, and learning objectives must be approved by TVPO for implementation across all Military Departments.

(3) The following Transition GPS components require mandatory participation unless Service members are exempt:

(i) Pre-separation or Transition Counseling is mandatory. See appendix C to part 88 for Pre-separation or Transition Counseling requirements.

(ii) VA Benefits Briefings I and II are mandatory.

(iii) Capstone is mandatory. See appendix H to part 88 for Capstone requirements.

(4) Participation in the DOLEW is mandatory, unless exempt. See appendix F to part 88 for specific DOLEW exemptions.

(5) Except for the components designated as mandatory, participation in Transition GPS tracks are based on proof of the Service member's ability to meet the associated CRS.

(6) Transition GPS consist of these components:

(i) Pre-separation or Transition Counseling. Pre-separation or Transition Counseling is mandatory for all eligible Service members no later than 90 days before separation, in accordance with 10 U.S.C. 1142. See appendix C to part 88 for Pre-separation or Transition Counseling requirements.

(ii) Transition GPS Core Curricula. Except for those subcomponents designated as mandatory, completion of the following subcomponents is determined based on the eligible Service member's ability to attain the CRS. The curricula consists of thefollowing subcomponents (defined in § 88.3):

(A) Transition Overview;

(B) Resilient Transitions;

(C) MOC Crosswalk;

(D) Personal Financial Planning for Transition;

(E) VA Benefits Briefings I and II, to be conducted pursuant to 10 U.S.C. 1142. Completion of this subcomponent is mandatory;

(F) DOLEW, to be conducted pursuant to 10 U.S.C. 1144. Completion of this subcomponent is mandatory, unless exempt. See appendix F to part 88 for DOLEW exemption eligibility; and

(G) ITP Review.

(iii) Transition GPS Tracks. (A) Eligible Service members may choose to participate in one or more, if resources, capability, and operational requirements allow of the Transition GPS tracks based on their interests and ability to meet the CRS.

(B) The outcome of completed tracks will be documented in the Service member's ITP and on the ITP checklist, as applicable.

(C) Eligible Service members may participate in one or more, if resource availability and operational requirements allow, of the following Transition GPS tracks:

(1) Accessing Higher Education Track. Eligible Service members pursuing higher education will receive guidance to prepare for the application process. On completing the Accessing Higher Education Track, eligible Service members will be prepared to:

(i) Complete an application to an accredited academic institution offering a sound program of study towards the Service member's career aspirations within the member's financial means.

(ii) Schedule a session with a counselor from an academic institution.

(iii) Meet individually with education counselors, as needed.

(2) Career Technical Training Track. Eligible Service members pursuing career technical training will receive guidance and help in selecting schools and technical fields. On completion of the Career Technical Training Track, eligible Service members will be prepared to:

(i) Complete an application to an accredited career technical training institution offering a sound program of study towards the Service member's career aspirations within the member's financial means.

(ii) Schedule a session with a counselor from a career technical training institution.

(iii) Meet individually with career technical training experts and VA vocational education counselors, as applicable.

(3) Entrepreneurship Track. Eligible Service members pursuing business ownership or self-employment in the private or non-profit sectors will receive information related to the benefits and challenges of entrepreneurship, the steps required to pursue business ownership and evaluate the feasibility of a business concept, and the SBA and other public and private sector resources available for further technical assistance and access to capital and contracting opportunities. Upon completing of Entrepreneurship Track, eligible Service members will have developed the initial components of a business feasibility plan at no cost to the participant.

(i) Eligible Service members will be given the opportunity to enroll in an optional eight-week online entrepreneurship course instructed by professors and practitioners.

(ii) Eligible Service members will be afforded the opportunity to connect with a small business owner as a mentor to assist with the business start-up process. A warm handover, as needed, will be coordinated through procedures established by the SBA.

(iv) Capstone. (A) Completion of Capstone is mandatory.

(B) Capstone provides an opportunity for eligible Service members to have attainment of the CRS verified by the commander or his or her designee.

(C) At Capstone, if the Service member cannot meet the CRS before transition, the commander or his or her designee confirms and documents a warm handover to appropriate interagency parties, or local resources. If in the judgement of the Commander or commander's designee, it is determined that the Service member does not meet CRS or does not have a viable ITP, then he or she must confirm that a warm handover takes place with the appropriate interagency parties, as needed.

(b) Command responsibility. (1) Commanders have oversight responsibility for Service members achieving CRS via Transition GPS. The oversight responsibility may not be delegated. Transition GPS may not be delegated except as stated in paragraph (b)(2) of this appendix.

(2) Commanders will:

(i) Ensure eligible Service members are afforded the opportunity, resources, and time to meet the CRS before separation, retirement, or release from active duty.

(ii) Be fully engaged throughout the MLC TAP in enabling Service members the opportunity, resources, and time to meet and attain the CRS and comply with statutory mandates before separation, retirement, or release from active duty.

(iii) Verify that eligible Service members have met the CRS and have a viable ITP during Capstone and ensure that members who did not meet the CRS or do not have a viable ITP receive a warm handover to the appropriate interagency parties or local resources.

(iv) Ensure Transition GPS components are delivered at key touch points throughout the MLC TAP.

(v) Ensure development and maintenance of the IDP throughout the MLC TAP and afford Service members the opportunity, resources and time to meet the CRS.

(c) Transition GPS timeline. In anticipation of the discharge or release from active duty of an eligible Service member, and during key touch points in the MLC TAP, the following timeline is applicable:

(1) In the case of an anticipated retirement, the components of Transition GPS not yet completed will begin as soon as possible during the 24-month period before the retirement date;

(2) In the case of a separation other than a retirement, the components of Transition GPS not yet completed will begin as soon as possible during the 12-month period before the anticipated discharge date;

(3) The incomplete components of Transition GPS will begin no later than 90 days before separation, retirement, or release from active duty except in those cases where statute determines specific timelines;

(4) In the case that there is a retirement or an unanticipated separation, and there are 89 days or fewer before discharge or release from active duty, the components of Transition GPS not yet completed will begin as soon as possible within the remaining period of service or the effective date on the DD 214, and the Service member must meet all requirements; and

(5) Transition GPS will begin as soon as possible within the remaining period of service when:

(i) An eligible RC member is being released from active duty under circumstances in which operational requirements, as determined by the Secretary concerned, make the prescribed timeline unfeasible; or

(ii) There are 90 or fewer days before the anticipated release from active duty.

Appendix F to Part 88—DOLEW Exemptions

(a) The only exemptions to eligible Service member participation in the DOLEW portion of the Transition GPS Core Curricula are:

(1) Eligible Service members retiring after 20 or more years of qualifying military service.

(2) Eligible Service members who, after serving their first 180 continuous days or more on active duty, pursuant to 10 U.S.C. 1142 meet at least one of the following criteria:

(i) Are able to provide documented evidence of civilian employment; or.

(ii) Are able to provide documented acceptance into an accredited career technical training, undergraduate, or graduate degree program; or.

(iii) Have specialized skills which, due to unavoidable circumstances, are needed to support a unit on orders scheduled to deploy within 60 days. The first commander in the eligible Service members' chain of command, with authority pursuant to 10 U.S.C. chapter 47, also known and referred to as the Uniform Code of Military Justice (UCMJ), must certify on the DD Form 2958 any such request for exemption from the DOLEW. A make-up plan must accompany the postponement certification.

(iv) Eligible recovering Service members who are separating, retiring, or being released from active duty who are enrolled in the Education and Employment Initiative, or similar transition program designed to secure employment, higher education, or career technical training post-separation. The standardized terms and definitions for wounded, ill, and injured are outlined in the DoD/VA Wounded, Ill, and Injured Senior Oversight Committee Memorandum, “Implementation of Wounded, Ill, and Injured Related Standard Definitions” (available at http://www.health.mil/Policies/2008/12/10/Implementation-of-WII-Standard-Definitions).-.

(b) TAP staff will document on the DD Form 2958 the decision of eligible Service members who qualify for an exemption and elect not to participate in the DOLEW.

(c) Eligible RC Service members who have previously participated in the DOLEW may request an exemption.

(d) Eligible Service members who qualify for an exemption may still elect to participate in the DOLEW.

Appendix G to Part 88—Virtual Curricula

(a) DoD Components and Military Departments, in conjunction with JKO, DHS, VA, DOL, OPM, SBA and other appropriate interagency parties, must leverage the capabilities of web-based adult learning to ensure the transitioning force complies with statutory mandates to meet the CRS before separation, retirement, or release from active duty.

(b) As provided by TVPO or JKO, the virtual curricula provides an alternative delivery of Transition GPS to enable compliance with statutory mandates and attainment of the CRS as set by this Appendix. Those who can use the virtual curricula include:

(1) Eligible Service members whose duty locations are in remote or isolated geographic areas.

(2) Eligible Service members who are undergoing short-notice separation, as defined in the § 88.3 and pursuant to 10 U.S.C. chapter 59, and cannot access brick-and-mortar curricula in a timely manner.

(3) Spouses of eligible Service members, as resources and capacity allow.

(c) A Virtual Curricula must:

(1) Be easily accessible by eligible Service members through JKO;

(2) Be approved in design, look, color, etc., by the Director of TVPO in consultation with the Military Departments and partner agencies;

(3) Include interactive technology tools to monitor Service member participation in the training and knowledge gained;

(4) Include module materials and activities that engage participants, support diverse learning styles, foster frequent interaction, and encourage meaningful communication and collaboration between the participants and instructors;

(5) Include a data-capture feature or interface with the TVPO and DMDC-provided web service or process to ensure Service members receive credit for successfully completing the curricula;

(6) Ensure Virtual Curricula is compliant with section 508 of the Rehabilitation Act of 1973 as amended, 29 U.S.C 792.

(d) The virtual curricula's educational effectiveness and teaching and learning process will be assessed through an evaluation process that may include Service members' knowledge gain, retention, and satisfaction. TVPO will evaluate assessments in collaboration with the Military Departments and partner agencies.

(e) Intended learning outcomes will be reviewed regularly to ensure clarity, utility, and appropriateness.

(f) Documented procedures will be used to assure that security of personally identifiable information (PII) is protected in the conduct of assessments and evaluations and in the dissemination of results in accordance with 32 CFR part 310 and 14 U.S.C. 5033.

(g) Changes to the DoD virtual curricula will be approved by TVPO for implementation across all Military Departments.

Appendix H to Part 88—Capstone

(a) Review and verification. Capstone is a two-stage process. Stage one is an in-depth review of the Service members ITP and CRS, which is conducted by TAP staff. Stage two consists of the Commander or Commanders' designee verifying that the Service member has a viable ITP and has met the CRS. If the Commander or Commanders' designee determines that the Service member does not meet CRS or does not have a viable ITP, then he or she must confirm that a warm handover takes place with the appropriate interagency parties, as needed. The review and verification processes may or may not occur simultaneously.

(1) Stage One—Capstone review. During the Capstone review, a Service member's ITP, CRS deliverables pertaining to the member's personal goals and ITP Checklist will be checked to identify shortfalls and determine if the member is at risk of not meeting the CRS before separation, retirement, or release from active duty.

(i) The review will be conducted by:

(A) A TAP staff member or career counselor for eligible Service members in the rank of O-5 or below.

(B) The first Commander with UCMJ authority in the chain of command, or his or her designee, for eligible Service members in the rank of O-6 and above.

(ii) If during the review a Service member is determined to be incapable of meeting the CRS or has gaps in the ITP, the TAP staff will introduce the member to the necessary resources to assist him or her in becoming career ready. Resources include remedial skills building via the Transition GPS curricula, one-on-one assistance from TAP staff, and assistance from installation or local community resources.

(iii) Service members will document the point of contact name, phone number, and email address of remedial resources on the ITP.

(2) Stage Two—Capstone verification. The eligible Service member's Commander or his or her designee will review the ITP, CRS deliverables, and DD Form 2958 during Capstone verification to determine whether the requirements to complete the CRS have been attained.

(i) In cases where Service members are still not able to meet the CRS during Capstone verification, the Commander or his or her designee will initiate a warm handover to appropriate partner agencies or local resources for post-separation support in the community where the Service member plans to relocate; and

(ii) The Commander or his or her designee will confirm the warm handover has occurred by documenting it on the DD Form 2958.

(3) Completion of Capstone. Service members are to be counseled on their ITPs during Capstone. If they do not have a viable ITP or meet CRS, they will be referred to further training and services, as needed; and connected, as needed, to appropriate interagency parties and local resources that provide continued benefits, services, and support when they become veterans.

(b) Timeline. (1) Capstone will be completed for each eligible Service member in accordance with the timeline prescribed within this appendix to verify the member has met the CRS before separation, retirement, or release from active duty.

(2) Capstone will be completed no later than 90 days preceding an anticipated separation, retirement, or release from active duty for eligible Service members.

(3) Exceptions to this timeline are:

(i) In the case of eligible AC Service members with an unanticipated separation of 89 days or fewer before discharge or release from active duty, Capstone will begin no later than the date of separation as reflected on the DD Form 214.

(ii) In the case of eligible RC members release from active duty, in which operational requirements, as determined by the Secretary concerned, make the prescribed timeline unfeasible, Capstone will begin no later than the date of release from active duty as reflected on the DD Form 214.

Appendix I to Part 88—Data, Information Collection, Data Sharing, and Management Portfolio

(a) Data. Individual eligible Service member Transition GPS data and attendance will be stored in the DMDC-provided Web service capabilities for:

(1) DD Forms 2648 or 2648-1;

(2) Transition Overview;

(3) Resilient Transitions;

(4) MOC Crosswalk;

(5) Personal Financial Planning for Transition;

(6) VA Benefits Briefings I and II;

(7) DOLEW;

(8) ITP Review;

(9) Tracks;

(10) ITP Checklist; and

(11) Participant Assessment.

(b) Data sharing. (1) Specific information regarding data collection, data sharing, assessments, and evaluations can be found in the MOU among DOD, VA, DOL, ED, DHS, SBA, and OPM, “Transition Assistance Program for Separating Service Members”. This reference serves as the basis of an information sharing agreement between the interagency parties and the DoD.

(2) TVPO will oversee and coordinate sharing requirements and authorities for DoD TAP data with interagency parties, as applicable.

(3) DMDC will process, store, host, and maintain data and coordinate data sharing on request that meets established DoD information assurance standards in accordance with this appendix and 32 CFR part 310.

(4) Each organization requesting TAP data sharing will prepare a business case to support the purpose and type of data requested from other parties.

(i) The business case will clearly articulate how the requested data enables the parties to meet their mission and better serve Service members and veterans.

(ii) The business case will be submitted to TVPO for review and approval.

(iii) Approved business cases will be submitted to DMDC to set up business processes and cost sharing arrangements.

(5) To ensure protection of PII and privacy:

(i) The DoD Components and interagency parties will share Service member information in accordance with 32 CFR part 310 and requirements for collecting, sharing, storing, and maintaining PII. They will meet the need, if required, to establish a system of records notification; and

(ii) All official procedures for safeguarding and retaining PII will be followed as established in 32 CFR part 310.

(c) Management Portfolio. (1) DoD TAP data and information requirements governed by this appendix will be reviewed by TVPO for alignment to the investment and IT portfolios to ensure no duplication of capability or system redundancies occur during requirement development or IT acquisition.

(2) TAP data will be shared in a standard form for the enterprise to facilitate compliance verification and to measure effectiveness of the program.

Dated: November 23, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-30240 Filed 11-27-15; 8:45 am] BILLING CODE 5001-06-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [GN Docket No. 12-268; DA 15-1238] Media Bureau Finalizes Reimbursement Form for Submission to OMB and Adopts Catalog of Expenses AGENCY:

Federal Communications Commission.

ACTION:

Final action; requirements and procedures.

SUMMARY:

In this document, the Media Bureau adopts the following a final catalog of expenses; a procedure whereby reimbursement payments will be disbursed via the agency's internal vendor payment system; a procedural requirement that the Reimbursement Form, with supporting cost documentation, must be submitted each time an entity makes a request for reimbursement from the Fund; and a decision that cost documentation, as well as the name, address, and other identifying information pertaining to vendors, will not be made publicly available.

DATES:

November 30, 2015.

ADDRESSES:

A copy of any comments on the Paperwork Reduction Act information collection requirements contained herein should be submitted to Cathy Williams, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, or by email to [email protected] and to [email protected]

FOR FURTHER INFORMATION CONTACT:

Pamela Gallant, Policy Division, Media Bureau, FCC, 202-418-0614 or email [email protected]

SUPPLEMENTARY INFORMATION:

This is a summary of the Commission's document, DA 15-1238; GN Docket No. 12-268, released October 30, 2015. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC 20554. The full text may also be downloaded at: www.fcc.gov.

The Media Bureau adopts the final catalog of expenses, embedded in FCC Form 2100, Schedule 399, to be used by broadcasters and MVPDs seeking reimbursement from the TV Broadcaster Relocation Fund following the Incentive Auction. The costs included in the catalog are not intended to be an exhaustive list of reimbursable expenses, but rather represent those expenses that relocated broadcasters and MVPDs will most commonly incur as a result of the channel repack. Entities can submit expenses not listed in the catalog using the “other” catch-all categories found throughout the catalog. The Commission will send FCC Form 2100, Schedule 399 to the Office of Management and Budget for final approval of the information collection requirement contained therein under the Paperwork Reduction Act. The final version of the Reimbursement Form, FCC Form 2100, Schedule 399 (Reimbursement Form or Form), including the embedded expense catalog, will be submitted to the Office of Management and Budget for approval under the Paperwork Reduction Act.

In addition, the Media Bureau adopts a process for making payments from the TV Broadcaster Relocation Fund via the Commission's internal vendor payment system, rather than requiring recipients to establish individual accounts with the U.S. Treasury, as had previously been announced. The Media Bureau found that this change would mitigate against waste, fraud and abuse by saving Commission resources and providing the agency with more control over the creation of payment accounts.

The Media Bureau also adopts a process wherein a broadcaster or MVPD must submit information on the Reimbursement Form, with supporting cost documentation, each time it makes a request for reimbursement from the Fund, not only at the beginning and end of the reimbursement period.

Finally, after seeking comment on which data points, if any, should be considered confidential or nor subject to public disclosure, the Media Bureau concludes that cost documentation submitted by entities seeking reimbursement for actual costs (for example, invoices), as well as the name, address, and other identifying information pertaining to the vendor providing equipment or service to a specific broadcaster or MVPD, will not be made publicly available.

The Commission will send a copy of this document in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Federal Communications Commission. William T. Lake, Chief, Media Bureau.
[FR Doc. 2015-29483 Filed 11-27-15; 8:45 am] BILLING CODE 6712-01-P
DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 217, 239, and 252 [Docket DARS-2015-0069] Defense Federal Acquisition Regulation Supplement; Technical Amendments AGENCY:

Defense Acquisition Regulations System, Department of Defense (DoD).

ACTION:

Final rule.

SUMMARY:

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

DATES:

Effective November 30, 2015.

FOR FURTHER INFORMATION CONTACT:

Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION:

This final rule amends the DFARS as follows:

1. Directs contracting officers to additional DFARS Procedures, Guidance, and Information (PGI) by adding references at—

• DFARS 217.500(b) to PGI 217.502-1;

• DFARS 217.502-1(a)(1) and (b)(1) to PGI 217.502-1(a)(1) and (b)(1), respectively; and

• DFARS 239.7603 to PGI 239.7603.

2. Makes conforming changes at DFARS 239.7604, 252.239-7009, and 252.239-7010.

List of Subjects in 48 CFR 217, 239, and 252

Government procurement.

Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 217, 239, and 252 are amended as follows:

1. The authority citation for 48 CFR parts 217, 239, and 252 continues to read as follows: Authority:

41 U.S.C. 1303 and 48 CFR chapter 1.

PART 217—SPECIAL CONTRACTING METHODS 2. In section 217.500, paragraph (b) is added to read as follows:
217.500 Scope of subpart.

(b) A contracting activity from one DoD Component may provide acquisition assistance to deployed DoD units or personnel from another DoD Component. See PGI 217.502-1 for guidance and procedures.

3. Sections 217.502 and 217.502-1 are added to read as follows:
217.502 Procedures.
217.502-1 General.

(a) Determination of best procurement approach—(1) Assisted acquisitions. Follow the procedures at PGI 217.502-1(a)(1), when a contracting activity from one DoD Component provides acquisition assistance to deployed DoD units or personnel from another DoD Component.

(b) Written agreement on responsibility for management and administration—(1) Assisted acquisitions. Follow the procedures at PGI 217.502-1(b)(1), when a contracting activity from a DoD Component provides acquisition assistance to deployed DoD units or personnel from another DoD Component.

PART 239—ACQUISITION OF INFORMATION TECHNOLOGY
239.7603 [Redesignated as 239.7604]
4. Redesignate section 239.7603 as section 239.7604. 5. Add new section 239.7603 to read as follows:
239.7603 Procedures.

Follow the procedures relating to cloud computing at PGI 239.7603.

PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.239-7009 [Amended]
6. Amend section 252.239-7009, in the introductory text, by removing “239.7603(a)” and adding “239.7604(a)” in its place.
252.239-7010 [Amended]
7. Amend section 252.239-7010, in the introductory text, by removing “239.7603(b)” and adding “239.7604(b)” in its place.
[FR Doc. 2015-30307 Filed 11-27-15; 8:45 am] BILLING CODE 5001-06-P
DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 386 and 390 [Docket No. FMCSA-2012-0377] RIN 2126-AB57 Prohibiting Coercion of Commercial Motor Vehicle Drivers AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION:

Final rule.

SUMMARY:

FMCSA adopts regulations that prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles (CMVs) in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs)—including drivers' hours-of-service limits; the commercial driver's license (CDL) regulations; drug and alcohol testing rules; and the Hazardous Materials Regulations (HMRs). In addition, the rule prohibits anyone who operates a CMV in interstate commerce from coercing a driver to violate the commercial regulations. This rule includes procedures for drivers to report incidents of coercion to FMCSA, establishes rules of practice that the Agency will follow in response to reports of coercion, and describes penalties that may be imposed on entities found to have coerced drivers. This rulemaking is authorized by section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.

DATES:

This final rule is effective January 29, 2016.

Petitions for Reconsideration of this final rule must be submitted to FMCSA Administrator no later than December 30, 2015.

ADDRESSES:

Availability of Rulemaking Documents

For access to docket FMCSA-2012-0377 to read background documents and comments received, go to http://www.regulations.gov at any time, or to Docket Services at U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT:

Mr. Charles Medalen, Regulatory Affairs Division, Office of Chief Counsel, (202) 493-0349. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents I. Abbreviations and Acronyms II. Executive Summary III. Legal Basis for This Rulemaking IV. Background V. Discussion of Comments VI. Section-by-Section Description VII. Regulatory Analyses I. Abbreviations and Acronyms CDL Commercial Driver's License CMV Commercial Motor Vehicle DOT Department of Transportation FMCSA Federal Motor Carrier Safety Administration FMCSRs Federal Motor Carrier Safety Regulations HOS Hours of Service HMRs Hazardous Materials Regulations ICC Interstate Commerce Commission MAP-21 Moving Ahead for Progress in the 21st Century Act MCSA or 1984 Act Motor Carrier Safety Act of 1984 NAICS North American Industry Classification System OIG Office of Inspector General OSHA Occupational Safety and Health Administration SBA Small Business Administration STAA Surface Transportation Assistance Act of 1982 II. Executive Summary Purpose and Summary of the Major Provisions

Congress required FMCSA to ensure that the regulations adopted pursuant to the MCSA, as amended by MAP-21, do not result in coercion of drivers by motor carriers, shippers, receivers, or transportation intermediaries to operate CMVs in violation of certain provisions of the FMCSRs and the HMRs.

The major provisions of this rule include prohibitions of coercion, procedures for drivers to report incidents of coercion to FMCSA, and rules of practice that the Agency will follow in response to reports of coercion.

Benefits and Costs

The FMCSA believes that this rule will not have an economically significant impact. The motor carriers, shippers, receivers, freight forwarders, brokers and transportation intermediaries that previously engaged in acts of coercion against truck or bus drivers will incur compliance costs to operate in accordance with the regulations, and they will lose whatever economic benefit coercion provided; however, the cost of compliance with existing regulations has already been captured in the analysis supporting the implementation of those regulations, so we do not consider them here. There will be safety benefits from increased compliance with the regulations and driver health benefits if HOS violations decrease. In the absence of coercion, the drivers will conduct their safety-sensitive work in a manner consistent with the applicable Federal regulations. During the four-year period from 2009 through 2012, OSHA determined that 253 whistleblower complaints from CMV drivers had merit. In the same period, FMCSA validated 20 allegations of motor carrier coercion of drivers that were filed with DOT's OIG. This is an average of 68.25 acts of coercion per year during the four-year period. The Agency estimates that the cost of eliminating this level of coercion would be less than the $100 million threshold required for economic significance under E.O. 12866.

III. Legal Basis for This Rulemaking

This rule is based on the authority of MCSA [49 U.S.C. 31136(a)], as amended by MAP-21 [Pub. L. 112-141, section 32911, 126 Stat. 405, 818, July 6, 2012] and on 49 U.S.C. 13301(a), as amended by the ICC Termination Act of 1995 [Pub. L. 104-88, 109 Stat. 803, December 29, 1995].

The 1984 Act confers on DOT authority to regulate drivers, motor carriers, and vehicle equipment. The 1984 Act stated that at a minimum, the regulations shall ensure that—(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators [49 U.S.C. 31136(a)].

Section 32911 of MAP-21 enacted a fifth requirement, i.e., that the regulations ensure that “(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title” [49 U.S.C. 31136(a)(5)].

The 1984 Act also includes more general authority to “(10) perform other acts the Secretary considers appropriate” [49 U.S.C. 31133(a)(10)].

This rule includes two separate prohibitions. One prohibits motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to violate regulations based on section 31136 (which is the authority for many parts of the FMCSRs), 49 U.S.C. chapter 313 (the authority for the commercial driver's license (CDL) and drug and alcohol regulations), and 49 U.S.C. chapter 51 (the authority for the HMRs). This is required by 49 U.S.C. 31136(a)(5).

A second provision prohibits entities that operate CMVs in interstate commerce from coercing drivers to violate the commercial regulations. As explained more fully below, this provision is based on the broad general authority of 49 U.S.C. 31136(a)(1)-(4), especially paragraphs (a)(1) and (2). Banning coercion to violate the safety-related commercial regulations is well within the scope of section 31136(a)(1)-(4). Applying the same ban to commercial provisions that are not immediately related to safety is nonetheless consistent with the goals of section 31136 and will help to inhibit the growth of a culture of indifference to regulatory compliance, a culture known to contribute to unsafe CMV operations. Banning coercion to violate the commercial regulations is also within the broad authority transferred from the former ICC to prescribe regulations to carry out Part B of Subtitle IV of Title 49, United States Code (49 U.S.C. 13301(a)). This prohibition applies to operators of CMVs, which are mainly motor carriers, but not to shippers, receivers, or transportation intermediaries, since they are not subject to section 31136(a)(1)-(4) or section 13301.

Together, these two provisions cover most kinds of coercion drivers might encounter.

This rule also adopts procedures for drivers to report coercion and rules of practice the Agency will follow in addressing such reports.

FMCSA believes the reduction of regulatory violations caused by coercion will prove conducive to improved driver health and well-being, consistent with the objectives of section 31136(a)(2)-(4).

Before prescribing any regulations, FMCSA must consider their “costs and benefits” [49 U.S.C. 31136(c)(2)(A) and 31502(d)]. Those factors are discussed in this rule.

IV. Background

Section 32911 of MAP-21 is the most recent example of Congress' recognition of the important role the public plays in highway safety. In the 1980s, Congress implemented new financial responsibility requirements for motor carriers of property and passengers to encourage the insurance industry to exercise greater scrutiny over the operations of motor carriers as one method to improve safety oversight (section 30 of the Motor Carrier Act of 1980 (Pub. L. 96-296) and section 18 of the Bus Regulatory Reform Act of 1982 (Pub. L. 97-261)).

Section 32911 of MAP-21 represents a similar congressional decision to expand the reach of motor carrier safety regulations from the supply side (the drivers and carriers traditionally regulated by the Federal government) to the demand side—the shippers, receivers, brokers, freight forwarders, travel groups and others that hire motor carriers to provide transportation and whose actions have an impact on CMV safety.

Economic pressure in the motor carrier industry affects commercial drivers in ways that can adversely affect safety. For years, drivers have voiced concerns that other parties in the logistics chain are frequently indifferent to the operational limits imposed on them by the FMCSRs. Allegations of coercion were submitted in the docket for the Agency's 2010-2011 HOS rulemaking.1 Also, drivers and others who testified at FMCSA listening sessions and before Congress said that some motor carriers, shippers, receivers, tour guides, and brokers insist that a driver deliver a load or passengers on a schedule that would be impossible to meet without violating the HOS or other regulations. Drivers may also be pressured to operate vehicles with mechanical deficiencies, despite the restrictions imposed by the safety regulations. Drivers who object that they must comply with the FMCSRs are sometimes told to get the job done despite the restrictions imposed by the safety regulations. The consequences of their refusal to do so are either stated explicitly or implied in unmistakable terms: Loss of a job, denial of subsequent loads, reduced payment, denied access to the best trips, etc.

1 See 76 FR 81162.

Although sec. 32911 of MAP-21 amended 49 U.S.C. 31136(a), it did not amend the jurisdictional definitions in 49 U.S.C. 31132, which specify the reach of FMCSA's authority to regulate motor carriers, drivers, and CMVs. Thus, it appears that Congress did not intend to apply all of the FMCSRs to shippers, receivers, and transportation intermediaries that are not now subject to those requirements. (Motor carriers, of course, have always been subject to the FMCSRs.) Instead, sec. 32911 prohibited these entities from coercing drivers to violate most of the FMCSRs. This necessarily confers upon FMCSA the jurisdiction over shippers, receivers, and transportation intermediaries necessary to enforce that prohibition.

Although MAP-21 did not address coercion to violate the commercial regulations that the Agency inherited in the ICC Termination Act of 1995, FMCSA is adopting a rule in order to ensure that there is no significant gap in the applicability of the coercion prohibition. As discussed above in the Legal Basis section, the MCSA gives the Agency broad authority to ensure that CMVs are maintained, equipped, loaded, and operated safely, and that the responsibilities imposed on drivers do not impair their ability to operate CMVs safely [49 U.S.C. 31136(a)(1)-(2)]. Some of the commercial regulations have effects related to safety. Designation of a process agent under 49 CFR part 366 ensures that parties injured in a CMV crash can easily serve legal documents on the carrier operating the CMV, wherever the location of its corporate offices. Registration as a for-hire motor carrier under 49 CFR part 365, or as a broker under 49 CFR part 371, ensures that an applicant has met the minimum standards for safe and responsible operations. Coercion of drivers to violate requirements such as these could have an effect on their ability to operate CMVs safely, e.g., requiring a driver to operate a vehicle in interstate commerce when the owner had neither obtained operating authority registration from FMCSA nor filed proof of insurance.

The minimum requirement to obtain FMCSA authority to operate as a for-hire motor carrier, freight forwarder, or broker under 49 U.S.C. 13902, 13903, or 13904, respectively, is willingness and ability to comply with “this part and the applicable regulations of the Secretary . . . .” Among those “applicable regulations” are this rule's ban on coercing drivers to violate the commercial regulations. For-hire motor carriers are subject to an even more explicit requirement to observe “any safety regulations imposed by the Secretary” [49 U.S.C. 13902(a)(1)(B)(i)], including § 390.6(a)(2). Moreover, independent of MAP-21, FMCSA has statutory authority under 49 U.S.C. 13301(a), formerly vested in the ICC, to prescribe regulations to carry out chapter 139 and the rest of Part B of Subtitle IV of Title 49. The prohibition on coercing drivers to violate the commercial regulations is within the scope of this authority.

Because both of the coercion prohibitions described above are based on 49 U.S.C. 31136(a), codified in subchapter III of chapter 311, violations of those rules would be subject to the civil penalties in 49 U.S.C. 521(b)(2)(A), which provides that any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of the regulations issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139 2 ) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense.

2 Sections 31138 and 31139 prescribe minimum financial responsibility standards for the transportation of passengers and property, respectively.

However, pursuant to the Debt Collection Improvement Act of 1996 [Pub. L. 104-134, title III, chapter 10, sec. 31001(s), 110 Stat. 1321-373], the maximum inflation-adjusted civil penalty per offense is $16,000 (49 CFR part 386, App. B, Paragraph (a)(3)).

V. Discussion of Comments Overview

On May 13, 2014, the Agency published a notice of proposed rulemaking (NPRM) (79 FR 27265) to implement the MAP-21 prohibition of coercion.

Between May 13 and September 4, 2014, 94 submissions were posted to the docket. One of the submissions was a duplicate,3 and three were non-responsive,4 leaving 90 submissions from the following:

3 Submission number 0080 is a duplicate of number 0089.

4 Submission numbers 0010, 0015, and 0016.

• One Federal agency: OSHA.

• Six motor carriers: Kimberly Arnold, Louisiana Transport, Inc., Mason/Dixon Lines, Inc., Schneider National, Inc., Wayne Yoder, one anonymous company, and the Motor Carrier Coalition comprised of 12 additional motor carriers.

• Ten industry associations: American Trucking Associations (ATA), Association of Independent Property Brokers & Agents (AIPBA), Institute of Makers of Explosives (IME), National Customs Brokers and Forwarders Association of America, Inc.(NCBFAA), National Grain and Feed Association (NGFA), National Industrial Transportation League (NIT League), National Shippers Strategic Transportation Council, Inc. (NASSTRAC), Owner-Operator Independent Drivers Association, Inc. (OOIDA), Snack Food Association, and Transportation Intermediaries Association (TIA).

• Two advocacy organizations: Advocates for Highway and Auto Safety (Advocates) and Road Safe America.

• One labor union: Transportation Trades Department, AFL-CIO (TTD).

• One transportation intermediary: Armada.

• One commercial carrier consultant: Richard Young; and

• 67 individuals including 15 who self-identified as drivers and 2 owner operators.

Comments Supporting the Rulemaking

Fifteen commenters, including two safety advocacy groups, two trade associations, a driver, an owner-operator, a union, OSHA, and seven individuals, expressed their general support for the proposed rule. Road Safe America and Advocates support the Agency's efforts to end the practice of coercion, but Advocates recommended that FMCSA take additional steps, such as investigating all reported incidents of coercion, and exercise its authority to suspend the registration of those that engage in documented instances of coercion. ATA and AIPBA support prohibiting coercion, but expressed reservations about the potential impact the proposed rule would have on commercial relations between motor carriers and shippers, receivers, and intermediaries. OSHA, which is responsible for enforcing the whistleblower protection provisions of the Surface Transportation Assistance Act of 1981 (STAA) and 21 other statutes, supports the proposal and offered suggestions to make it more effective. TTD, a driver, an owner-operator, and seven individuals expressed strong support for the NPRM. Many of these commenters stated that the rule would finally make shippers, receivers and transportation intermediaries accountable for their actions.

Comments in Opposition to the Rulemaking

Eighteen commenters, including nine individuals, seven trade associations and two drivers expressed their general disapproval of the NPRM. Many of these commenters stated that they agree with FMCSA that CMV drivers should not be coerced into violating any laws or regulations; however, they believe the requirements proposed in the NPRM will lead to unintended consequences. Several commenters stated there is no need for this regulation because existing regulations already prohibit coercion. Three trade associations contend that the NPRM misapplies the legal doctrine of respondeat superior5 in attempting to hold shippers and receivers legally responsible for drivers that they do not hire, direct or manage. NASSTRAC stated the proposed rules are “arbitrary and capricious, contrary to law, impracticable and certain to do more harm than good.” Another commenter argued that the Agency has not accurately assessed the cost of these requirements, and expressed concern that the complaint reporting process is highly subjective. Two drivers wrote that new regulations are not necessary; instead drivers need to stand up to anyone trying to coerce them into violating the rules. Two individuals commented that this NPRM does not impose any new requirements on shippers or receivers that will prevent them from detaining a driver for hours and then requiring the driver to leave the property even if the driver is out of hours.

5 `Respondeat superior' is a legal concept meaning that an employer is responsible for the wrongful acts of its employees or agents who are acting within the scope of their employment or agency.

FMCSA Response

These comments are discussed in detail below under the appropriate subject heading.

Definition of Coercion

OSHA commented that “coercion is broader than just threats related to loss of work, future business, or other economic opportunities. Coercion and coercive tactics may also include threats of violence, demotion, reduction of pay, and withdrawal or reduction of benefits, or any action that is capable of dissuading a reasonable employee from engaging in whistleblowing activity.” OSHA therefore recommended that the proposed definition of coercion, which referred to “a threat . . . to withhold, or the actual withholding of, current or future business, employment, or work opportunities from a driver . . .” be amended to refer to “a threat . . . to take or permit any adverse employment action against a driver . . .”

NCBFAA pointed out that if a shipper, receiver, or transportation intermediary discovered an “HOS issue—which would likely only be the case because the driver happened to say something about it—any decision to refuse to tender the shipment could be construed as violating the proposed regulation. For then, it would be knowingly `withholding . . . work opportunities from a driver' when it `knew' the driver was unable to lawfully handle the load. In that case, because the motor carrier elected to dispatch a driver that could not lawfully handle the load, the cargo would not be able to move until such time as the driver in question was again able to operate the equipment.” “The NCBFAA believes that where a shipper or transportation intermediary learns that a driver may not haul a load because he/she does not have the available hours, it should be able to freely advise the trucker of the situation so it can provide another driver who does have available hours to complete the haul in a timely manner. Alternatively, the shipper/transportation intermediary should be able to use another carrier entirely, particularly one that is sufficiently responsible and knowledgeable about the status of its drivers.”

TIA made the same point. “Read literally, the definition would now make it a violation for a shipper or transportation intermediary to refuse a load to a driver if it `knew or should have known' that the driver was about to exceed or already had exceeded the HOS regulations. Yet, the shipper or transportation intermediary could not properly request that the driver perform the transportation, as it would then be both `coercing' the driver and aiding and abetting the HOS violation. So, if a driver assigned by a motor carrier shows up to pick up a load and advises the shipper or transportation intermediary that he or she cannot lawfully handle the load due to HOS or other concerns, the shipper or transportation intermediary would not be able to contact the carrier and request that they replace the driver. Instead the load would just sit. This is a catch 22 . . .”

NIT League offered a similar comment. “If a shipper attempts to confirm a delivery appointment with the driver, does that equate to directing `a driver to complete a run in a certain time'? It may not in the mind of the shipper but what if the driver has a different interpretation? If the driver objects to meeting that appointment due to HOS rules and the shipper gives the load to another carrier who can timely make the delivery, does that loss of business equate to coercion? What if the driver associates the selection of an alternative carrier with its objection but the shipper simply needed to meet its delivery requirements? The answers to these questions are far from clear. . . . [T]he League suggests that FMCSA modify its proposal to require the driver to inform the shipper of the potential safety violation at the time he/she lodges the objection and to promptly record the alleged coercion event. Specifically, the League suggests that FMCSA require a driver who is concerned about violating a safety rule to take the following steps before accepting the load: (1) Clearly articulate the objection to the allegedly coercing party and such objection must identify the specific FMCSA regulation that will be violated; and (2) record in a contemporaneous writing his/her objection and the facts and circumstances associated with the alleged coercion incident.”

ATA also recommended “that the rule require a driver alleging coercion to make the objection at a time contemporaneous with the incident in a writing that identifies the regulation(s) that would be violated if the driver operated the CMV.”

FMCSA Response

FMCSA has revised and clarified the NPRM's definition of “coercion.” Readers may find it helpful to keep in mind the new definition (see § 390.5) as they review the Agency's response to specific comments.

Although the language proposed by OSHA is similar to that used in the NPRM, FMCSA agrees that OSHA's recommendation would clarify the intended scope of the definition. The Agency has therefore included the phrase “take or permit any adverse employment action,” which has the added benefit of resolving other concerns about the definition.

The NCBFAA, TIA, and NIT League comments correctly identified an unintended consequence of the proposed definition of “coercion.” Obviously, a shipper or transportation intermediary should not be liable for withholding a load from a driver who has stated that he or she could not make the trip without violating the FMCSRs. In that situation, both the driver and the shipper or transportation intermediary are acting appropriately. The Agency has therefore amended the reference to the withholding of “current or future business, employment, or work opportunities” by striking the reference to “current or future” business and adding the phrase “take or permit any adverse employment action.” The revised definition thus allows the shipper or transportation intermediary to take either of the actions that NCBFAA proposed without violating the rule, i.e., to call the motor carrier and request another driver or to give the load to a different motor carrier. Neither action would attempt to force a driver to violate the FMCSRs, nor would it involve a threat to take other adverse employment action against the driver.

The removal of the word “current” resolves most of the TIA's and NIT League's concerns. There is no coercion to violate the FMCSRs when a shipper gives a load to another carrier after the original driver states that he or she cannot meet the requested delivery schedule without an HOS or other violation. On the contrary; that change of carriers is an attempt to ensure that no such regulatory violation occurs.

The Agency has also revised the definition of “coercion” to require the driver to identify “at least generally” the rules that he or she would have to violate in the course of the delivery. FMCSA is not requiring drivers to “identify the specific FMCSA regulation that will be violated,” as the NIT League and ATA requested. The FMCSRs are complex and drivers cannot be expected to have full command of regulatory citations. Nonetheless, the driver must be able to identify the problem clearly enough to enable FMCSA personnel to determine that it falls within a requirement or prohibition of the Agency's regulations. It will be sufficient, for example, if the driver indicates that he or she objects to a particular trip because of an HOS problem (“they told me to keep driving even when I hit 11 hours”), a maintenance issue (“the last inspection certificate was 3 years old”), or bad tires (“there was no tread on the front tires; I could see the ply in a couple of places”).

Similarly, the Agency will not require the driver to record his objection in “a contemporaneous writing.” On the other hand, if the shipper or transportation intermediary attempts to coerce the driver to take the load after hearing the objection, it would be in the driver's best interests to document that attempt as soon as practicable.

Additional Burdens Created by Rule

Many of the commenters believe shippers would have to adopt extensive and burdensome procedures to comply with the proposed rule. NASSTRAC wrote that “[t]he aspect of the proposed rules that will cost the most (far more than the zero dollars FMCSA projects), and which is most contrary to established law, is the `duty to inquire.' . . . It remains the case that every shipper would have to discuss HOS status for every scheduled shipment with every driver.”

The TIA commented that “[t]he NPRM would place the shipper and transportation intermediary into the role of employee management having to ask about hours of service availability.”

NGFA noted that “[i]n current operations, a shipper or receiver . . . does not check a driver's hours-of-service (HOS) log or inspect the driver's commercial motor vehicle—and it could be argued that the shipper or receiver does not have a duty or even a right to do so—if the driver is employed by another company. . . . Even if drivers and their employers are fully cooperative in this respect, the resulting burden and added costs for shippers and receivers would be tremendous.”

The NIT League objected to “FMCSA's apparent intent to impose a duty on the shipper or receiver to inquire as to a for-hire driver's compliance with the HOS rules.”

Schneider National, on the other hand, wrote that “[i]f we understand FMCSA's proposal correctly, exposure for a claim of coercion is triggered by an objection from a driver under circumstances which the intermediary `knew or should have known' would require the driver to violate the safety regulations. Thus, it would appear that absent a driver's objection, there is no obligation on the part of those other than the motor carrier to whom the driver is directly employed or leased to independently assure compliance with the hours of service or other regulations.” IME also interpreted the language of the NPRM as requiring the driver to object before a finding of coercion could be made.

FMCSA Response

Schneider National and IME are correct. This final rule does not require shippers, receivers, and transportation intermediaries (unlike motor carriers) to monitor a driver's compliance with the HOS rules or other regulations. As the preamble to the NPRM stated, a shipper, receiver, or transportation intermediary “may commit coercion if it fails to heed a driver's objection that the request would require him/her to break the rules” (79 FR 27267, emphasis added). There would be no requirement or even occasion to inquire into the driver's available hours unless the driver had raised an objection to the delivery schedule; and an inquiry would not be necessary if the shipper or transportation intermediary agreed to change the delivery schedule to match the driver's available hours or arranged with the motor carrier to have a different driver take the load.

Nevertheless, because many shippers, receivers, and transportation intermediaries believe that, in order to avoid potential liability, they must inquire about HOS compliance, and perhaps document all of their interactions with drivers, the Agency has amended the definition of “coercion” to make clear that the driver has an affirmative obligation to inform the motor carrier, shipper, receiver, or transportation intermediary when he or she cannot make the requested trip without violating one or more of the regulations listed in the definition. Motor carriers, shippers, receivers, and transportation intermediaries cannot commit coercion under the final rule unless and until they have been put on notice by the driver that he or she cannot meet the proposed delivery schedule without violating the HOS limits or other regulatory requirements. The purpose of that notice is, of course, to ensure that the driver is not coerced to commit such violations.

Agents, Officers, or Representatives

The NPRM proposed to apply the prohibition on coercion not only to principals, but also to “their respective agents, officers or representatives.” Many commenters focused on this issue. A coalition of 12 motor carriers 6 (hereafter Coalition) described a hypothetical situation where ABC Transportation, Inc. hires John Doe Trucking, an independent owner-operator, which coerces one of its drivers to violate the HOS rules without the knowledge or approval of ABC Transportation. The Coalition asked “[a]gainst which entity in this scenario and under the proposed regulation would FMCSA take enforcement action? One would expect John Doe Trucking. After all, it is the entity responsible for the coercive behavior. But if John Doe Trucking is considered an `agent, officer, or representative' of ABC Transportation, Inc., ABC could, in fact, be on the hook. . . . In order to avoid the inequitable situation described above, the FMCSA . . . should consider narrowly defining the terms `agents,' `officers,' and `representatives' to specifically exclude independent contractors with whom motor carriers contract to haul freight and who are not specifically authorized to act on their behalf.”

6 C.R. England, Inc.; CRST International, Inc.; Central Refrigerated Service, Inc.; Cowan Systems, LLC; Dart Transit Company; Greatwide Truckload Management; Liquid Transport Corp.; National Carriers, Inc.; Oakley Trucking, Inc.; PGT Trucking, Inc.; Roadrunner Transportation Systems, Inc.; and Schneider National, Inc.

ATA agreed with the Coalition's comments and urged the Agency “to clarify that, for purposes of the definition of `coercion' and proposed section 390.6, a motor carrier's agents, officers or representatives only include anyone who is authorized to act on behalf of a motor carrier. In the instance where an independent contracting entity engaged in the act of coercion against one of its drivers, only that entity should be liable under proposed section 390.6—not the motor carrier to whom the equipment and driver are leased.”

Schneider National commented that it “utilizes the services of approximately 2,000 independent contractors including a number of fleet owners. As such, Schneider shares the concerns raised in such comments relative to the use of terms `agents,' `officers' and `representatives' used in conjunction with the term `motor carrier' in § 390.6(a)(2), and adopts their comments as filed. . . . [S]imilar issues may arise in the context of brokerage operations. Consider, for example, a motor carrier contracted by a broker with respect to a particular shipment. In the normal circumstance, the broker would arrange for the transportation on a schedule which can be accomplished consistent with the hours of service regulations, provided the involved motor carrier has an available driver with appropriate `hours'. The broker would not normally be privy to the motor carrier's driver/load assignment process. Under this circumstance, is the motor carrier, by virtue of the typical broker/carrier arrangement, an `agent' or `representative' of the broker such that the broker would be liable under the proposed rule for any motor carrier violation? The use of the terms `agent', `officers' and `representatives' might suggest that liability in the foregoing circumstances could be attributed to the broker. Such a result would be inequitable.”

FMCSA Response

The issues raised by these comments were resolved by Congress in the MCSA of 1984. The prohibition on coercion is codified in the amended version of that statute at 49 U.S.C. 31136(a)(5). For purposes of the MCSA, “ `employee' means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—(A) directly affects commercial motor vehicle safety in the course of employment; and (B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State” [49 U.S.C. 31132(2)].

Independent owner operators employed by a motor carrier are statutorily defined as employees of that carrier for purpose of the FMCSRs, including this final rule. In the hypothetical situation described by the Coalition, the independent owner operator who owns John Doe Trucking is an employee of ABC Transportation. Any attempt by John Doe Trucking to coerce one of its drivers is therefore an attempt by ABC Transportation, through one of its employees, to coerce one of its drivers.

FMCSA published regulatory guidance on this issue on April 4, 1997 [62 FR 16370, 16407]:

Question 17: May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board [authority that is now issued by FMCSA] transfer the responsibility for compliance with the FMCSRs to the owner-operators?

Guidance: No. The term “employee,” as defined in § 390.5, specifically includes an independent contractor employed by a motor carrier. The existence of operating authority has no bearing upon the issue. The motor carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators.

Brokers, however, are not employees of a motor carrier, nor are motor carriers agents or representatives of brokers. In a normal arms-length transaction, the broker deals with a motor carrier, not an individual driver. The motor carrier has an obligation to comply with the FMCSRs and thus to assign a driver who has sufficient hours to complete the trip on the schedule outlined by the broker and to provide equipment that meets applicable standards. Any coercion that occurred would typically be committed by the motor carrier that employed the driver. However, as TIA pointed out, a State court has held that where a broker contracted with a motor carrier but in fact exercised direct control over the driver, that broker was liable for a tort committed by the driver [Sperl v. C. H. Robinson Worldwide, Inc., 946 NE.2d 463 (2011)]. A broker could be found liable for coercion if it interacted directly with a driver, instead of with the carrier, and attempted to force the driver to make a delivery on a schedule that would require a violation of the FMCSRs. The Agency has no information about how often direct interactions between transportation intermediaries and drivers may occur.

Respondeat Superior

Many commenters objected to the NPRM's assertion that the “knew or should have known” standard in the definition of coercion “is essentially a restatement of the common law principle of `respondeat superior,' which holds the `master' (employer) liable for the acts of his `servant' (employee).” Schneider National offered a brief critique that captures the general reaction: “FMCSA should retract its discussion on respondeat superior and make clear that it is basing the rulemaking on MAP-21. At the very least, it need[s to] make clear that its regulations are limited to dealing with the issue of possible driver coercion and such regulations or any enforcement actions thereunder are not a re-characterization of the employment relationship generally. Absent this, those against whom an enforcement action is brought may have greatly enhanced incentive to fully litigate every citation, unduly burdening FMCSA's enforcement effectiveness.”

FMCSA Response

FMCSA agrees with Schneider National's comment. This final rule is based on the authority of 49 U.S.C. 31136(a)(5). The discussion of “respondeat superior” in the NPRM was not intended to make shippers, receivers, and transportation intermediaries vicariously liable, because Congress made them directly liable through section 32911 of MAP-21. FMCSA emphasizes that any evidence gathered in response to a written complaint by a driver would point to specific individuals and that persons at higher levels in the organization would not necessarily be implicated.

In any case, the revised definition of coercion adopted in this final rule eliminates the “knew or should have known” standard by emphasizing more strongly the driver's duty to object as a predicate for any subsequent allegation of coercion.

Coercion That Fails

NASSTRAC objected to FMCSA's intent to “penalize unsuccessful coercion, i.e., customer requests that a driver ignores.” NASSTRAC argued that “[p]enalizing coercion resulting in violations better addresses the conduct Congress wanted to discourage. FMCSA has cited no analogous regulatory program that would penalize millions of Americans' words or requests even if they produce no actions. The Foreign Corrupt Practices Act and similar anti-bribery laws penalize inducements to violate laws, but they generally require some direct or indirect payment in addition to an oral or written request. In addition, penalizing shippers, receivers and intermediaries for words that produce no actions, let alone violations, implicates First Amendment considerations, as well as concerns about overkill.”

FMCSA Response

Drivers of CMVs are required to comply with all applicable regulatory standards. Those who resist coercion do not lose the benefit of this rule. The act of coercion is complete when the attempt is made; it does not require success. If Congress had wished to impose limits on the common understanding of coercion, it would have said so in 49 U.S.C. 31136(a)(5). Coercion does, however, require some kind of threat; merely asking a driver to make a trip that would violate a regulation would not constitute coercion. If the driver refused to make such a trip, a further discussion of his or her response and related issues might or might not cross the line into coercion. The answer would depend on the substance of the conversation and the existence of a threat, explicit or implied, to make the driver pay an economic price for refusing to violate an FMCSA regulation.

Burden of Proof

Two trade associations, ATA and NITL, Advocates, Mr. Wayne Yoder, who is a carrier, and four anonymous individuals commented on who should bear the burden to prove coercion. Among these commenters, ATA and two individuals argued that the driver should bear the burden of proof in coercion cases. The individuals said it must be the driver's responsibility because only the driver controls the information on his logs.

On the other hand, Advocates stated that “once a complaint is determined by FMCSA to meet the substantive criteria outlined in Section 386.12(e) of the NPRM a prima facie showing of coercion has been made under the proposed regulations. As such, the burden of proof should shift to the alleged offender to demonstrate that there was a valid reason for the actions in dispute as is the current legal framework applied in cases alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964.”

A carrier and three individuals (Mr. Nick Scarabello and two anonymous people) noted the driver is not well positioned to provide evidence of coercion. The carrier responding to the NPRM stated that a motor carrier is better able to provide evidence by way of rate agreements, contracts, orders, or bills of lading from the customer, but the driver has no way of printing or saving messages sent via company-owned and installed communication devices. An anonymous individual suggested that trucking companies should be required to record all phone conversations with drivers as a way to prevent or provide evidence of coercion. A commenter stated after a driver files a report of an incident, FMCSA should request written transcripts of the conversation and supporting documents. An anonymous commenter wrote that “if you don't put the burden of proof on the carrier or dispatcher[,] then it's the driver[']s word against the company and the driver still ends up being punished.”

OOIDA stated that FMCSA places the enforcement burden on drivers to prove a violation of the law that results in the issuance of penalties and fines for the government. OOIDA argued FMCSA should take the lead in coercion enforcement activities instead of placing the responsibility to initiate and prove incidents of coercion upon those least able to deal with the problem directly, the target of the coercion.

ATA and the NIT League recommended that the Agency adopt a standard of “clear and convincing evidence,” rather than “preponderance of the evidence.” The NIT League argued that this standard is appropriate because of the significant consequences associated with a violation of the coercion prohibition, which include potential monetary penalties and suspension or revocation of the registration of an offender. Conversely, OOIDA stated FMCSA should not weaken the rule by adopting an evidentiary standard that exceeds the standard for determining other safety violations.

FMCSA Response

When imposing a civil penalty for coercion, the government has the burden of proof. The driver, however, is typically the only person in a position to provide the critical evidence needed to sustain the action against a carrier, shipper, receiver, or transportation intermediary. The NPRM simply acknowledged this reality. While it may sometimes be difficult for the driver to provide relevant evidence, as OOIDA and others argued, there is no realistic alternative. The Agency will not require motor carriers to record all phone conversations and other communications with drivers, a far-reaching requirement which was not proposed for public comment in the NPRM. FMCSA will investigate timely complaints that meet the standards outlined in § 386.12 and may be able to locate or generate additional information, but the driver must supply the essential facts.

There is no good reason to adopt a “clear and convincing” evidentiary standard for coercion cases when the “preponderance” standard is used for all other motor carrier enforcement actions. The potential penalties applicable to a violation of 49 U.S.C. 31136(a)(5) and this rule's implementing regulations are the same as those applicable to a violation of 49 U.S.C. 31136(a)(1)-(4) and the implementing FMCSRs.

Title VII of the Civil Rights Act of 1964 prohibits certain employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. There is nothing in MAP-21 to indicate that Congress intended to make CMV drivers who are subject to coercion a protected class in the same sense as individuals subject to racial, religious, sexual, or other discrimination. The shifting of the burden of proof under Title VII is therefore not indicative of a similar legislative intent to shift the burden to carriers, shippers, receivers or transportation intermediaries after a driver files a non-frivolous coercion complaint. The burden of proof in coercion cases remains with FMCSA.

Application to Governmental Entities

NASSTRAC commented that “FMCSA has asserted that state and local governments would be unaffected, as would Indian Tribal Governments. However, Indian Tribal Governments, and state and local governments (and federal government entities) are shippers and receivers of freight transported by CMVs. The Department of Defense ships and receives large volumes every year. All of these shippers would apparently have a duty to inquire as to HOS and other compliance by every driver, even though many probably have no idea that HOS rules even exist.”

TIA provided a similar comment: “TIA urges the Agency . . . to clearly define the scope of this rule to include the Department of Defense (DOD), the General Services Administration (GSA), Port Terminal Operators, and all other applicable entities that contract with motor carriers to haul their specific goods along the transportation supply-chain.”

FMCSA Response

The MAP-21 prohibition on coercion amended 49 U.S.C. 31136(a), a provision originally enacted by the MCSA. Under the MCSA, the term “employer” “(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but (B) does not include the [Federal] Government, a State, or a political subdivision of a State.” [49 U.S.C. 31132(3) (emphasis added)]. MAP-21 subjected motor carriers, shippers, receivers, and transportation intermediaries to the prohibition on coercion [§ 31136(a)(5)], but it did not limit the governmental exemption in § 31132(3). FMCSA has no authority to apply this final rule to Federal, State or local governmental entities. Whether a terminal operator qualifies as a political subdivision of a State will require a case-by-case evaluation.

Deadline To File Coercion Complaints

OSHA recommended that the proposed 60-day filing deadline be extended to 180 days. “The 60-day filing period for the anti-coercion rule would greatly limit the ability of DOT to act on valid complaints of coercive activity that drivers have timely filed under the STAA [i.e., 49 U.S.C. 31105, enacted by the Surface Transportation Assistance Act of 1982 (STAA)]. Consequently, the short period decreases the effectiveness of the statute and weakens its overall deterrence value. The Department of Labor/OSHA has found that by providing workers with a filing period of 180 days [as authorized by 49 U.S.C. 31105], it is able to pursue a greater number of meritorious complaints and more fully fulfill its mandate under STAA.” An individual, Lisa Pate, also noted the inconsistency between FMCSA's proposed 60-day deadline and OSHA's 180-day deadline.

OSHA recommended “tolling of the filing deadline, in case there are delays in transferring the allegation to the appropriate Division Administration.” Similarly, the Advocates wrote that “[v]ictims of coercion should not be time-barred from seeking an appropriate remedy under the law for the failure of FMCSA to promptly request further information or transfer the complaint to the appropriate Division Administrator.”

The NIT League, on the other hand, wrote that “because the allegations of coercion will often involve verbal communications at freight pick-up locations, . . . it will be critical for complaints to be filed promptly and for the accused party to be provided with prompt notice of the complaint. This would help ensure that any internal investigation of the driver's allegations either by the driver's employer or the alleged coercer can be conducted expeditiously, any relevant evidence can be preserved, and witnesses can be interviewed before memories fade. Thus, the NIT League suggests that the time period for drivers to file complaints be reduced to 30 days and that any party accused of coercion be served with the complaint upon its filing with FMCSA.”

FMCSA Response

OSHA regulations (29 CFR 1978.100 et seq.) and the underlying statute (49 U.S.C. 31105) protect employees who are discharged, disciplined, or discriminated against under certain circumstances. Those actions are likely to generate records that can be reviewed months later. Coercion, on the other hand, may occur without leaving clear documentary evidence. FMCSA continues to believe that a deadline shorter than 180 days is appropriate to ensure that a complaint is filed while the recollections of both the driver and the alleged coercer are fresh. However, the Agency considers the 30-day deadline proposed by the NIT League to be unfair to drivers, some of whom are on the road for weeks at a time and may not be in a position to file a complaint that quickly. In order to ensure that drivers have sufficient time to prepare and submit a coercion complaint, the final rule extends the 60-day period proposed in the NPRM to 90 days.

Criteria To Evaluate Coercion Claims

OSHA commented that “the proposed requirement that the complaint be `non-frivolous' is overly vague and should be eliminated. The current proposed requirement of `non-frivolity' would allow for enormous amounts of discretion across FMCSA Divisions. Gross discretion will undoubtedly lead to regional disparities in the enforcement of the provision and severely limit the overall effectiveness of the provision.”

The NIT League suggested that the Agency clarify the criteria that will be used in evaluating reported incidents of coercion. IME expressed concern over the burden imposed on carriers, shippers, receivers, and transportation intermediaries to defend against driver complaints. IME argued that the proposed rule is, “by its very nature, . . . fraught with subjectivity. In order to avoid or defend against complaints of coercion, carriers, shippers and receivers will be compelled to memorialize every significant interaction they have with drivers.”

FMCSA Response

The MCSA includes the following: “(a) Investigating complaints.—The Secretary of Transportation shall conduct a timely investigation of a nonfrivolous written complaint alleging that a substantial violation of a regulation prescribed under this subchapter is occurring or has occurred within the prior 60 days” [49 U.S.C. 31143(a)]. The “nonfrivolous” standard has been used in 49 CFR 386.12(b) for many years without the adverse consequences OSHA predicted, and the Agency believes its use in 49 CFR 386.12(e)(2) will be comparably straightforward and effective.

FMCSA does not agree with commenters' assessment of the burden involved in defending against driver complaints. The “subjectivity” that IME feared has been virtually eliminated by the revised definition adopted in this final rule, which requires the driver to state explicitly that he or she cannot deliver the load without violating the applicable regulations, and why that is the case. There can be no coercion unless the shipper, receiver, or transportation intermediary responds with an equally explicit threat to force the driver to make the delivery despite the regulatory violation it would entail. While groundless allegations of coercion are possible, such accusations are also possible under OSHA's whistleblower rules, yet they appear to be a relatively minor problem and are readily dismissed for want of evidence.

Penalties

Advocates argued that the Agency should suspend the operating authority of motor carriers found to have committed coercion, rather than just issue “meaningless fines.” Coercion involving private carriers should be reported to the relevant States “so that the state licensing authority may take the appropriate action as well as have a complete record of the entities they are responsible for monitoring.” Advocates noted that an $11,000 fine (since increased to $16,000) “pales in comparison to the $250,000 punitive fine that can be levied against a company by the Department of Labor under the Surface Transportation Assistance Act (STAA) after a finding that a driver was dismissed for refusing to compromise a health or safety standard.”

An individual commenter, Jim Duvall, wrote that “Any fine or monetary penalty should directly benefit the driver(s) harmed in the action.”

Three commenters stated that the final rule should impose penalties against drivers who make false claims of coercion. One commenter said there should be a penalty for drivers who make false accusations because they either refuse to take responsibility for their own failure to properly calculate their hours or knowingly violate the HOS rules because they do not want to “miss the load.” Two other individuals stated that there should be penalties for drivers who are disgruntled and file baseless coercion complaints to get back at their employer. AIPBA noted that the imposition of significant penalties against drivers who are found to have falsely accused a broker will deter “such improper and fraudulent conduct by unscrupulous drivers.”

FMCSA Response

FMCSA will take aggressive action when a violation of the prohibition against coercion can be substantiated. This action will include civil penalties consistent with the regulations, and may include initiation of a proceeding to revoke the operating authority of a for-hire motor carrier. Under 49 U.S.C. 13905, a carrier that engages in willful non-compliance with an Agency regulation or order may have its operating authority revoked. FMCSA's policy on revocation was set forth in a notice published on August 2, 2012 (77 FR 46147). The Agency agrees that coercion is the type of violation that may fall into this category.

Some commenters appear to regard a coercion allegation that cannot be substantiated as a false accusation. That is not necessarily true. Despite its best efforts, FMCSA may not be able adequately to document some allegations that are in fact correct. In any case, neither section 32911 of MAP-21 nor the Agency's general civil penalty statute authorizes penalties against drivers who make false accusations of coercion.

As for Mr. Duvall's recommendation, “All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account)” in the U.S. Treasury [49 U.S.C. 521(b)(10)]. The Agency cannot pay drivers the civil penalties it collects for incidents of coercion. And unlike OSHA, FMCSA has no authority to require the violator to compensate the driver for injuries he or she has suffered.

Coercion as an Acute Violation

ATA argued that a violation of proposed § 390.6, which prohibits coercion, should not necessarily be classified as an acute violation in Appendix B, section VII of Part 385, as proposed in the NPRM. Instead, coercion should be acute, critical, or neither, depending on the classification of the regulation the driver was coerced to violate.

FMCSA Response

FMCSA agrees that a carrier's safety fitness should be determined on the basis of the regulations it violates or coerces a driver to violate. In other words, coercion itself should not be treated as acute (or critical). The final rule therefore eliminates the NPRM's proposed amendments to Appendix B of 49 CFR part 385. This is consistent with the Agency's practice of limiting acute and critical classifications to regulations which, if violated, are likely to increase the risk of crashes. Because FMCSA currently has no data showing a link between coercion and crashes, it seems appropriate not to classify coercion as acute. If new data or further analysis shows such a link, the Agency may revisit this decision. As indicated above, however, FMCSA will impose significant penalties when reports of coercion can be proved.

Coercion of Carriers

NASSTRAC described a hypothetical situation where Shipper A hires Carrier B to deliver a load on a reasonable schedule. However, when Carrier B's driver arrives to pick up the load, he tells Shipper A that he has to go off duty in a few hours under the HOS regulations, making it impossible to meet Shipper A's delivery schedule. “Shipper A says in frustration, `That's the last time I use Carrier B.' Is Shipper A subject to a penalty of up to $11,000 just for saying those words, even if no safety violation occurs? How many penalties could Shipper A face if it makes no more use of Carrier B?”

ATA urged “FMCSA to consider amending the proposed definition in section 390.5 to cover not only the driver as the target of withholding or coercion, respectively, but also his/her employer.”

FMCSA Response

NASSTRAC has described a normal and completely legal business response to inadequate service. Shipper A has not coerced the driver to violate the HOS rules, nor has it coerced Carrier B to put pressure on the driver to violate the rules. It has simply decided not to use a carrier that does not dispatch drivers who can meet the agreed upon delivery schedule.

Section 32911 of MAP-21 applies only to the coercion of drivers, not to the coercion of motor carriers. Under 49 U.S.C. 31136(a)(5), the Agency's regulations must ensure that “(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary . . .” (emphasis added). Because an “operator” is distinct from a “motor carrier,” the term “operator” necessarily refers only to drivers. While shippers may sometimes coerce motor carriers to pressure their drivers to violate the FMCSRs, the coercion of motor carriers is not covered by MAP-21 or this rule.

Miscellaneous Comments

Driver Confidentiality. OOIDA argued that FMCSA must have whistleblower protections in place. “This includes a guarantee of a certain amount of confidentiality in driver communications with the agency, and procedures at the agency to take action against parties who retaliate against drivers who submit good faith allegation[s] of coercion to the agency.”

FMCSA Response

FMCSA is required by 49 U.S.C. 31143(b) to keep the identity of a complainant confidential unless “disclosure is necessary to prosecute a violation.” Because a party accused of coercion cannot defend itself without knowing the name of the accuser, and when and where the alleged incident occurred, the driver's identity cannot be confidential. Retaliation for reporting incidents that, for whatever reason cannot be substantiated, is not covered by this rule. OSHA, however, may be able to provide relief.

Communications with Drivers. “OOIDA suggests that FMCSA require all parties providing drivers with instructions, rules, or other conditions on the transportation to maintain all such communications as they do supporting documents under the HOS rules. OOIDA is aware that many motor carriers, brokers and third parties already retain such communication, and so this requirement should not be a significant burden. Such records should be regularly reviewed during safety audits and compliance reviews. The potential safety benefits of motor carriers knowing that these records will be available to enforcement would outweigh any added burden.”

FMCSA Response

The Agency could not act on such a far-reaching and controversial proposal without first publishing it for notice and comment. The NPRM proposed no such requirement, and it is not included in this final rule.

Notifying Carriers and Consumer Reporting Agencies. OOIDA commented that, “One form of coercion and retaliation against drivers is the reporting of negative information about a driver in an employment history submitted to a consumer reporting agency. Other motor carriers purchase that employment history from the consumer reporting agency to fulfill their FMCSR hiring requirements, and they often make negative hiring decisions based on those reports. On their face, some of the information reported appears performance related, such as `late pick-up/delivery.' But there is nothing to protect drivers from being tagged with a negative mark on their employment history if the late pickup or delivery resulted from conditions or circumstances that caused the driver to run out of legal hours to make the delivery on time. Resistance to coercion (i.e., the driver objections proposed by the Notice) may be reported as `refused dispatch' or `insubordination.' These employment records can effectively disqualify a driver from being considered for employment by motor carriers or make it much harder for the driver to find employment. The result is that safety-conscious drivers who do the right thing and resist coercion get bad employment reports and are driven out of the industry. Other drivers who capitulate to demands to violate the rules and save their jobs can keep fairly clean employment records and stay in the industry. . . . FMCSA should impose penalties upon motor carriers who submit such information to consumer reporting agencies and who refuse to remove such information after it is submitted.”

FMCSA Response

Negative reports about a driver by a motor carrier could constitute “adverse employment actions” prohibited by this final rule. However, there would be significant evidentiary obstacles to making a coercion case in these situations. A late pickup or delivery may not have been caused by unrealistic demands the driver was coerced to meet. Bad planning on the part of the driver or carrier, unexpected traffic congestion, or other factors could also explain some delays. Tracing reports of “insubordination” back to the driver's refusal to be coerced would inevitably involve a detailed examination of one or more incidents and conflicting accounts of the reason for the alleged insubordination. While FMCSA will review all reported incidents, the Agency cannot take action against a carrier for coercion unless there is evidence that an unfavorable report on a driver was motivated by a desire to punish the driver for refusal to be coerced.

The Rule Should Govern the Demands of Receivers. OOIDA argued that “[t]he most powerful tool that receivers have over drivers is the withholding of a signature or receipt from the driver acknowledging receipt of the freight—a document the driver needs as a condition for being compensated by their carrier or third-party and that the driver must obtain before driving away to get rest or new business. Withholding such receipt is commonly used by receivers to coerce drivers to [1] accept the receiver's schedule to unload a vehicle (no matter when the driver arrived at the docks, when the driver's next scheduled pickup or delivery may be, or what the driver's Hours of Service status may be); . . . [3] require the driver to break down pallets and sort and stack freight.” OOIDA also described situations where drivers are held at a receiver's dock past the 14th hour after coming on duty, and then forced to drive away from the receiver's facility in violation of § 395.3(a)(2).

FMCSA Response

While the situation OOIDA described involving a signature or receipt was not discussed in the NPRM, withholding a delivery receipt might be used to coerce a driver to violate the FMCSRs. A receiver that forces a driver to leave its premises is not threatening the driver with an adverse employment action; it is asserting its right as a property owner to control access to the property.

Comments on Issues Outside the Scope of This Rulemaking

Fourteen commenters raised issues beyond the scope of this rulemaking, involving lack of adequate parking; detention time and detention pay; and various HOS provisions. Because none of these issues was related to coercion of drivers to violate FMCSA regulations, the Agency will not comment on them in this document.

VI. Section-by-Section Description A. Part 386

Section 386.1, “Scope of the rules in this part,” is amended by adding a new paragraph (c) referring to the filing and handling of coercion complaints under new § 386.12(e).

The NPRM's § 386.12(e) is called “Complaint of coercion.” The procedures to file and handle coercion complaints outlined in the NPRM have been revised. The complaint must be filed within 90 days after the event with the Agency's on-line National Consumer Complaint Database (http://nccdb.fmcsa.dot.gov), or with the Division Administrator where the driver is employed. FMCSA may reassign the complaint to the Division Administrator best situated to investigate it. In addition, the final rule removes a sentence included in the NPRM stating that the Division Administrator may issue a Notice of Claim or Notice of Violation when appropriate. Because that statement could be read as a limitation on the Agency's enforcement options, it has been deleted.

B. Part 390

Section 390.3(a) is amended to include a reference to the coercion provisions in § 386.12(e) and § 390.6, and describe the applicability of those provisions.

Section 390.5 is amended to add definitions of “Coerce or coercion,” “Receiver or consignee,” “Shipper,” and “Transportation intermediary.” The definitions of “Receiver or consignee,” “Shipper,” and “Transportation intermediary” make these entities subject to the prohibition on coercion in § 390.6 only when shipping, receiving or arranging transportation of property (and in the case of “transportation intermediaries,” passengers) in interstate commerce. Although the term “transportation intermediary” is commonly associated with brokers and freight forwarders, it also includes travel agents and similar entities that arrange group tours or trips and contract with motorcoach operators for transportation services. Such intermediaries and their agents are subject to the prohibition on coercion. Because the HMRs apply to transportation in intrastate commerce, the definitions make clear that the prohibition on coercion applies to parties that ship, receive, or arrange transportation of hazardous materials in interstate or intrastate commerce. The NPRM's definition of “coerce or coercion” has been amended (1) by removing the reference to “current or future” business; (2) adding a prohibition on “any adverse employment action against a driver,” and (3) deleting references to violations of §§ 385.105(b), 385.111(a), (c)(1), or (g), which were erroneously included.

Section 390.6(a)(1) is added to prohibit motor carriers, shippers, receivers, or transportation intermediaries, or the agents, officers, or representatives of such entities, from coercing drivers to operate CMVs in violation of 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or §§ 385.415 or 385.421. These parts correspond to the statutory language in 49 U.S.C. 31136(a)(5). Parts 171-173 and 177-180 are the HMRs applicable to highway transportation promulgated under 49 U.S.C. chapter 51. Parts 382-383 are the commercial driver's license (CDL) and drug and alcohol testing regulations promulgated under 49 U.S.C. chapter 313. Parts 390-399 are those portions of the FMCSRs promulgated under the authority (partial or complete) of 49 U.S.C. 31136(a). The other parts or sections listed are based on one or more of the statutes referenced in 49 U.S.C. 31136(a)(5).

Section 390.6(a)(2) is added to prohibit operators of CMVs or their agents, officers, or representatives, from coercing drivers to violate 49 CFR parts 356, 360, or 365-379. This subsection is based on the authority of 49 U.S.C. 31136(a)(1)-(4) and 49 U.S.C. 13301(a).

Section 390.6(b) describes the procedures for a driver to file a complaint of coercion with FMCSA.

VII. Regulatory Analyses A. Regulatory Planning and Review and DOT Regulatory Policies (E.O. 12866) and Procedures as Supplemented by E.O. 13563)

FMCSA has determined that this rule is a significant regulatory action under E. O. 12866 (58 FR 51735, October 4, 1993), as supplemented by E. O. 13563 (76 FR 3821, January 21, 2011), and significant within the meaning of the DOT regulatory policies and procedures (44 FR 11034, February 26, 1979). The estimated economic costs of the rule will not exceed the $100 million annual threshold (as explained below).

Extent of Economic Impact

The 1982 STAA includes whistleblower protections for motor carrier employees (49 U.S.C. 31105). OSHA, which administers the complaint process created by section 31105, received 1,158 complaints from CMV drivers between FY 2009 and FY 2012.7 OSHA found that 253 of them (22 percent) had merit.8 Between FY 2009 and FY 2012, the OIG hotline received 91 complaints alleging that motor carriers had coerced or retaliated against drivers. FMCSA determined that 20 of these complaints had merit.9 The average number of verified complaints for that 4-year period was therefore 68.25 per year [(253 + 20)/4 = 68.25].

7 U.S. Department of Labor, Occupational Safety & Health Administration (OSHA), Whistleblower Protection Program: Investigative Data Fact Sheets. Available at http://www.whistleblowers.gov/wb_data_FY05-12.pdf.

8Ibid., Footnote 3.

9 U.S. Department of Transportation, Office of the Inspector General (OIG). This averaged 23 complaints per year, (with 44 in 2010), which the OIG referred to FMCSA. FMCSA substantiated 20 complaints (22 percent) of violations of acute and critical regulations due to driver allegations of unlawful discrimination or discipline (See 29 CFR 1978.100 et seq.). Available at http://www.oig.dot.gov/Hotline.

Some unknown portion of the 253 complaints filed with OSHA during that period almost certainly dealt with coercion or similar actions. Even if all of them were coercion-related, this number—combined with the 20 substantiated complaints filed with the OIG—remains small compared to the total population of CMV drivers. Section 31105, however, applies only to employers (basically motor carriers) while this rule will also cover shippers, receivers, and transportation intermediaries. The Agency is unable to estimate the number of coercion allegations it may receive, whether triggered by actions of motor carriers or other entities made subject to this rule by MAP-21.

In view of the small number of coercion-related complaints filed with OSHA and DOT's OIG, the aggregate economic value to motor carriers of these coercion-related incidents is likely to be low. Therefore, the cost to carriers of eliminating those incidents—assuming the rule has that effect—and incurring the higher costs of compliance, would also be low; however, the cost of compliance with existing regulations has already been captured in the analysis supporting the implementation of those regulations, so we do not consider them here. We believe that the application of this rule to shippers, receivers, brokers, freight forwarders, and other transportation intermediaries will not significantly increase the number of coercion complaints, since drivers generally have more frequent and direct contacts with their employers than with these other parties. In addition, even though the rule applies to a larger population, FMCSA also notes that the rule should have a deterrent effect on entities considering coercion.

The roughly 68 annual complaints noted above is the only available estimate of coercion in the trucking industry now. This rule would be expected to reduce the amount of coercion that takes place, but there is no available measure of the effectiveness of the rule. The relatively low number of complaints suggests that the overall economic impact will be less than the $100 million threshold of economic significance under E.O. 12866.

Benefits

If coercion creates situations where CMVs are operated in an unsafe manner, then there are consequences for safety and driver health risks. By forcing drivers to operate mechanically unsafe CMVs or drive beyond their allowed hours, coercion increases the risk of crashes. Reduction of these behaviors because of this rule would generate a safety benefit. Additionally, the operation of CMVs beyond HOS limits has been shown to have negative consequences for driver health. A reduction of this practice would create an improvement in driver health. The Agency lacks data to quantify the safety or health benefits attributable to the rule.

Costs

This rule, as an enforcement measure, would impose compliance costs on carriers and on other business entities utilizing the motor carrier industry. If drivers now operate CMVs in violation of HOS rules, or if coercion had caused drivers to operate their CMV even though there were mechanical defects, carriers would potentially have to reorganize their schedules or hire new drivers to operate in compliance. Maintenance costs might also accelerate as a result of this rule, as the industry improves compliance with the existing safety standards resulting from increased risk of enforcement action. Additionally, the entities that practice coercion would lose the economic benefit of that coercion. This economic benefit could be time-related (if drivers are coerced into driving when they should stop and rest, stop and wait for CMV maintenance, or drive a vehicle they are not qualified to operate rather than wait for a qualified driver).

Drivers alleging coercion will have to provide a written statement describing the incident along with evidence to support their charges. This total paperwork burden is difficult to estimate but is not likely to be very large. Similarly the Agency believes that the investigation of those reports will not have a large cost.

Summary

The Agency does not believe that the benefits and costs of this rule would create a large economic impact. The safety benefits and compliance costs are likely to be very small based on the small number of expected cases each year. Therefore, the Agency believes that the rule will not be economically significant.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires Federal agencies to consider the effects of their regulatory actions on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, as well as governmental jurisdictions with populations of less than 50,000.10 Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities and mandates that agencies strive to lessen any adverse effects on these businesses.

10 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see National Archives at http://www.archives.gov/federal-register/laws/regulatory-flexibility/601.html.

Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), the rule is not expected to have a significant economic impact on a substantial number of small entities. As indicated above, OSHA found merit in only 253 complaints filed by CMV drivers over a 4-year period, or about 63 per year. Even if all of the complaints were classified as coercion-related, that number would be very small when compared to the size of the driver population and motor carrier industry.

The Small Business Administration (SBA) classifies businesses according to the average annual receipts. The SBA defines a “small entity” in the motor carrier industry [i.e., general freight truck transportation, subsector 484 of the North American Industry Classification System (NAICS)] as having revenues of less than $27.5 million per firm. Likewise, transportation intermediaries (i.e., subsector 488 of NAICS) which include brokers and freight forwarders, are classified as small if their annual revenue is under $15 million.11

11 U.S. Small Business Administration Table of Small Business Size Standards matched to North American Industry Classification System Codes (NAICS), See NAIC subsector 484 (Truck Transportation) and 488 Support Activities for Transportation).effective July, 2012. The Small Business Size Standards used in the Initial Regulatory Flexibility Act analysis (IRFA) were released by the Small Business Administration in January 2012. The SBA issued revised Small Business Standards in July 2014. See downloadable PDF file at https://www.sba.gov/content/small-business-size-standards.

Table 1 presents a breakdown of FMCSA's revenue estimates for the populations in various categories. By SBA standards, the vast majority of all businesses in the motor carrier and related industries are “small entities.” Although general freight transportation arrangement firms fall under the $15 million threshold, there is an exception for “non-vessel household goods forwarders.” 12 This exception stipulates that the revenue threshold, for this sub-set of freight forwarders in the trucking industry is $27.5 million. As indicated above, fewer than 70 coercion complaints per year have been filed with OSHA and FMCSA in the past few years. We have no reason to believe that number will increase significantly under the rule. In fact, the potential penalty for coercing a driver should have a deterrent effect. Even if the penalty assessed might have a “significant economic impact,” the limited number of recent coercion complaints suggests that the penalty would not affect “a substantial number of small entities,” given that there are nearly 500,000 firms in the industry that qualify as small entities.

12 According to the 2007 Economic Census data, 2,221 establishments were classified as non-vessel common carriers. These establishments accounted for 10.2 percent of the number of, and 5.2 percent of the annual revenue for, the total number of establishments classified under NAICS Code 488510-Freight Transportation Arrangement. In 2007, the average revenue for all entities classified to NAICS Code 488510 was $1.8 million. Therefore, the results of the analysis are the same regardless of whether the Small Business Standard is $15 million or $27.5 million.

This rule does not affect industry productivity by requiring new documentation, affecting labor productivity or availability, or increasing expenditures on maintenance or new equipment. The fines, which are the only impact (unless the carrier's operating authority is suspended or revoked), can be avoided by not coercing drivers into violating existing regulations. Furthermore, by regulation, the Agency's fines are usually subject to a maximum financial penalty limit of 2 percent of a firm's gross revenue. For the vast majority of small firms, a fine at this level would not be “significant” in the sense that it would jeopardize the viability of the firm.

The table below excludes shippers and receivers subject to the prohibition on coercion, a group which is a large portion of the entire U.S. population, because anyone who sends or receives a package would be considered a shipper or receiver. However, compliance with the prohibition on coercion of drivers is not expected to have significant economic impact on many of them. Consequently, because they are not expected to be in a position to coerce a driver, I certify that the action will not have a significant economic impact on a substantial number of small entities.

Table 1—Total Number of Entities and Determination, 2012 Type of entity Number Determination Motor carriers (property) 13 523,239 99% below 27.5 million.14 Motor carriers (passenger) 12,184 99% below $15 million.15 Freight forwarders 16 14,319 97% below $27.5 million. Property brokers 21,565 99% below $27.5 million. Source: Motor carrier (passenger), and property broker numbers is updated from the Initial Regulatory Flexibility Act analysis (IRFA) to reflect revisions reported in “2014 Pocket Guide to Large Truck and Bus Statistics,” Federal Motor Carrier Administration, October 2014. The 2014 Pocket Guide is available at http://www.fmcsa.dot.gov/safety/data-and-statistics/commercial-motor-vehicle-facts. C. Assistance for Small Entities

13 Includes interstate motor carriers and intrastate hazardous materials motor carriers.

14 The results show that 99 percent of all motor carriers (property) with recent activity have 148 PUs or fewer.

15 The methodology used to determine the percentage of motor carriers (property and passenger) is the same methodology described in detail at pages 31 through 34 of the September 2014 Initial RFA prepared for the proposed rule on Motor Carrier Safety Fitness Determination.

16 The number of freight forwarders reported (21,809) in the IFRA was obtained from the U.S Census Bureau 2007 Economic Census. The 21,809 entities are the number of establishments, not the number of firms that operated for all or part of 2007. An establishment is a place of business. A firm may operate out of more than one establishment. Hence, the number of firms is a subset of the number of establishment. In the 2007 Economic Census, 15,180 firms were classified to NAICS Code 488510-Freight Transportation Arrangement. The number of firms that operated for all or part of the year accounted for 69.6 percent of establishments (15,180 ÷ 21,809). The product of 69.9 percent and 20,573 establishments reported the 2012 Economic Census yielded an estimated 14,319 firms in 2012. These data are available on the Census Bureau American Fact Finder Web site at http://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t.

In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Mr. Charles Medalen, listed in the FOR FURTHER INFORMATION CONTACT section of this rule.

Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the SBA's 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 FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

This rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et seq.), that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $155 million (which is the value of $100 million in 2015 after adjusting for inflation) or more in any 1 year.

E. Federalism (E.O. 13132)

A rulemaking has implications for Federalism under section 1(a) of E.O. 13132 if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on State or local governments. FMCSA analyzed this action in accordance with E.O. 13132. This rule does not preempt or modify any provision of State law, impose substantial direct unreimbursed compliance costs on any State, or diminish the power of any State to enforce its own laws. FMCSA has determined that this rule will not have substantial direct costs on or for States nor will it limit the policymaking discretion of States. Accordingly, this rulemaking does not have Federalism implications.

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

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

G. Protection of Children (E.O. 13045)

E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing “economically significant” rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation's environmental health and safety effects on children. The Agency determined this rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children.

H. Taking of Private Property (E.O. 12630)

FMCSA reviewed this rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have takings implications.

I. Privacy Impact Assessment

FMCSA conducted a privacy impact assessment (PIA) of this rule as required by section 522(a)(5) of division H of the FY 2005 Omnibus Appropriations Act, Public Law 108-447, 118 Stat. 3268 (Dec. 8, 2004). The assessment considered impacts of the final rule on the privacy of information in an identifiable form and related matters. The final rule will impact the handling of personally identifiable information (PII). FMCSA has evaluated the risks and effects the rulemaking might have on collecting, storing, and sharing PII and has evaluated protections and alternative information handling processes in developing the final rule in order to mitigate potential privacy risks.

For the purposes of both transparency and efficiency, the privacy analysis conforms to the DOT standard Privacy Impact Assessment (PIA) and will be published on the DOT Web site at www.dot.gov/privacy concurrently with the publication of the rule. The PIA addresses the rulemaking, associated business processes contemplated in the rule and any information known about the systems or existing systems to be implemented in support of the final rulemaking. A PIA for the Coercion NPRM was previously developed and is currently available to the public on the DOT Web site at www.dot.gov/privacy. The PIA has been reviewed, and revised as appropriate, to reflect the final rule and will be published not later than the date on which the Department initiates any of the activities contemplated in the Final Rule determined to have an impact on individuals' privacy and not later than the date on which the system (if any) supporting implementation of the Final Rule is updated.

As required by the Privacy Act, FMCSA and the Department will publish, with request for comment, a revised system of records notice (SORN) that will cover the collection of information that is affected by this final rule. Since coercion complaints will be stored in the National Consumer Complaint Database (NCCDB), the SORN for the NCCDB (DOT/FMCSA 004—National Consumer Complaint Database (NCCDB)—75 FR 27051—May 13, 2010) will be revised to reflect the new collection of information and published in the Federal Register not less than 30 days before the Agency is authorized to collect or use PII retrieved by unique identifier. Additionally, FMCSA will revise the PIA for NCCDB (formally the Safety Violations and Household Goods Consumer Complaint Hotline Database) posted on June 6, 2006 and an updated PIA will be available to the public on the DOT Web site at www.dot.gov/privacy.

The privacy risks and effects associated with the cases resulting from this rule are not unique and have previously been addressed by the enforcement case file storage requirements in the Electronic Document Management System (EDMS) PIA posted on June 6, 2006 and the DOT/FMCSA 005—Electronic Document Management System SORN (71 FR 35727) published on June 21, 2006.

J. Intergovernmental Review (E.O. 12372)

The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program.

K. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the OMB for each collection of information they conduct, sponsor, or require through regulations. Information submitted by drivers alleging coercion is exempt from PRA requirements because it is collected pursuant to “an administrative action or investigation involving an agency against specific individuals or entities” [44 U.S.C. 3518(c)(1)(B)(ii)].

L. National Environmental Policy Act and Clean Air Act

FMCSA analyzed this rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). FMCSA conducted an environmental assessment and determined that the rule has the potential for minor environmental impacts. Based on the limited data FMCSA has concerning the extent of the affected CMV driver population, these impacts would be very small and FMCSA does not expect any significant impacts to the environment from this rule. The environmental assessment has been placed in the rulemaking docket.

In addition to the NEPA requirements to examine impacts on air quality, the Clean Air Act (CAA) as amended (42 U.S.C. 7401 et seq.) also requires FMCSA to analyze the potential impact of its actions on air quality and to ensure that FMCSA actions conform to State and local air quality implementation plans. The additional contributions to air emissions from any of the alternatives are expected to fall below the CAA de minimis thresholds as per 40 CFR 93.153 and are, therefore, not expected to be subject to the Environmental Protection Agency's General Conformity Rule (40 CFR parts 51 and 93).

M. Environmental Justice (E.O. 12898)

FMCSA evaluated the environmental effects of this rule in accordance with Executive Order 12898 and determined that there are no environmental justice issues associated with its provisions nor is there any collective environmental impact resulting from its promulgation. Environmental justice issues would be raised if there were a “disproportionate” and “high and adverse impact” on minority or low-income populations. None of the alternatives analyzed in the Agency's EA, discussed under National Environmental Policy Act, would result in high and adverse environmental impacts.

N. Energy Supply, Distribution, or Use (E.O. 13211)

FMCSA has analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211.

O. Indian Tribal Governments (E.O. 13175)

This rule does not have tribal implications under E.O. 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.

P. National Technology Transfer and Advancement Act (Technical Standards)

The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

List of Subjects 49 CFR Part 386

Administrative practice and procedures, Brokers, Freight forwarders, Hazardous materials transportation, Highway safety, Motor carriers, Motor vehicle safety, Penalties.

49 CFR Part 390

Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.

For the reasons stated in the preamble, FMCSA amends parts 386 and 390 in 49 CFR chapter III, subchapter B, as follows:

PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 1. The authority citation for part 386 continues to read as follows: Authority:

49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149, 311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; Sec. 206, Pub. L. 106-159, 113 Stat.1763; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.81 and 1.87.

2. Revise the heading of part 386 as set forth above. 3. Amend § 386.1 by revising paragraph (a) and adding paragraph (c) to read as follows:
§ 386.1 Scope of the rules in this part.

(a) Except as indicated in paragraph (c) of this section, the rules in this part govern proceedings before the Assistant Administrator, who also acts as the Chief Safety Officer of the Federal Motor Carrier Safety Administration (FMCSA), under applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parts 350-399), including the commercial regulations (49 CFR parts 360-379), and the Hazardous Materials Regulations (49 CFR parts 171-180).

(c) The rules in § 386.12(e) govern the filing by a driver and the handling by the appropriate Division Administrator of complaints of coercion in violation of § 390.6 of this subchapter.

4. Amend § 386.12 as follows: a. Revise the section heading; b. Add and reserve paragraph (d); and c. Add paragraph (e).
§ 386.12 Complaints.

(d) [Reserved]

(e) Complaint of coercion. (1) A driver alleging a violation of § 390.6(a)(1) or (2) of this subchapter must file a written complaint with FMCSA stating the substance of the alleged coercion no later than 90 days after the event. The written complaint, including the information described below, must be filed with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.gov or the FMCSA Division Administrator for the State where the driver is employed. The Agency may refer a complaint to another Division Administrator who the Agency believes is best able to handle the complaint. Information on filing a written complaint may be obtained by calling 1-800-DOT-SAFT (1-800-368-7238). Each complaint must be signed by the driver and must contain:

(i) The driver's name, address, and telephone number;

(ii) The name and address of the person allegedly coercing the driver;

(iii) The provisions of the regulations that the driver alleges he or she was coerced to violate; and

(iv) A concise but complete statement of the facts relied upon to substantiate each allegation of coercion, including the date of each alleged violation.

(2) Action on complaint of coercion. Upon the filing of a complaint of coercion under paragraph (e)(1) of this section, the appropriate Division Administrator shall determine whether the complaint is non-frivolous and meets the requirements of paragraph (e)(1).

(i) If the Division Administrator determines that the complaint is non-frivolous and meets the requirements of paragraph (e)(1) of this section, he/she shall investigate the complaint. The complaining driver shall be timely notified of findings resulting from such investigation. The Division Administrator shall not be required to conduct separate investigations of duplicative complaints.

(ii) If the Division Administrator determines the complaint is frivolous or does not meet the requirements of paragraph (e)(1) of this section, he/she shall dismiss the complaint and notify the driver in writing of the reasons for such dismissal.

(3) Protection of complainants. Because prosecution of coercion in violation of § 390.6 of this subchapter will require disclosure of the driver's identity, the Agency shall take every practical means within its authority to ensure that the driver is not subject to harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of such disclosure. This will include notification that 49 U.S.C. 31105 includes broad employee protections and that retaliation for filing a coercion complaint may subject the alleged coercer to enforcement action by the Occupational Safety and Health Administration.

PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 5. Revise the authority citation for part 390 to read as follows: Authority:

49 U.S.C. 504, 508, 31132, 31133, 31136, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678; sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-1744), sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.81, 1.81a and 1.87.

6. Revise § 390.3(a) to read as follows:
§ 390.3 General applicability.

(a)(1) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.

(2) The rules in 49 CFR 386.12(e) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce:

(i) To violate certain safety regulations are applicable to all motor carriers, shippers, receivers, and transportation intermediaries; and

(ii) To violate certain commercial regulations are applicable to all operators of commercial motor vehicles.

7. Amend § 390.5 by adding definitions of “Coerce or Coercion,” “Receiver or consignee,” “Shipper,” and “Transportation intermediary,” in alphabetical order, to read as follows:
§ 390.5 Definitions.

Coerce or Coercion means either—

(1) A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or §§ 385.415 or 385.421, or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle; or

(2) A threat by a motor carrier, or its agents, officers or representatives, to withhold business, employment or work opportunities or to take or permit any adverse employment action against a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 356, 360, or 365-379, or the actual withholding of business, employment or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for refusing to engage in such operation of a commercial motor vehicle.

Receiver or consignee means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce.

Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.

Transportation intermediary means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders.

8. Add § 390.6 to read as follows:
§ 390.6 Coercion prohibited.

(a) Prohibition. (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or §§ 385.415 or 385.421;

(2) A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.

(b) Complaint process. (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under § 386.12(e) of this subchapter.

(2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.

(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint.

Issued under the authority of delegation in 49 CFR 1.87 on: November 23, 2015. T.F. Scott Darling, III, Acting Administrator.
[FR Doc. 2015-30237 Filed 11-27-15; 8:45 am] BILLING CODE 4910-EX-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XE215 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component AGENCY:

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

ACTION:

Temporary rule; closure.

SUMMARY:

NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and-line landings for golden tilefish will reach the hook-and-line component's commercial annual catch limit (ACL) on December 8, 2015. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on December 8, 2015, and it will remain closed until the start of the next fishing year on January 1, 2016. This closure is necessary to protect the golden tilefish resource.

DATES:

This rule is effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT:

Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

SUPPLEMENTARY INFORMATION:

The snapper-grouper fishery of the South Atlantic includes golden tilefish and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

On April 23, 2013, NMFS published a final rule for Amendment 18B to the FMP (78 FR 23858). Amendment 18B to the FMP established a longline endorsement program for the commercial golden tilefish component of the snapper-grouper fishery and allocated the commercial golden tilefish ACL among two gear types, the longline and hook-and-line components.

The commercial ACL (equivalent to the commercial quota) for the hook-and-line component for golden tilefish in the South Atlantic is 135,324 lb (61,382 kg), gutted weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(2)(ii).

Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when the hook-and-line component's commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for the hook-and-line component for golden tilefish in the South Atlantic will be reached by December 8, 2015. Accordingly, the commercial hook-and-line component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016.

The commercial longline component for South Atlantic golden tilefish closed on February 19, 2015, for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2016 (80 FR 8559, February 18, 2015). Furthermore, recreational harvest for golden tilefish closed on August 11, 2015, for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2016 (80 FR 48041, August 11, 2015). Therefore, because the commercial longline component and the recreational sector are already closed, and NMFS is closing the commercial hook-and-line component through this temporary rule, all fishing for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016.

The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, December 8, 2015. During the closure, the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested by hook-and-line, landed ashore, and sold prior to 12:01 a.m., local time, December 8, 2015, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for golden tilefish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic golden tilefish and is consistent with the Magnuson-Stevens Act and other applicable laws.

This action is taken under 50 CFR 622.193(a)(1) and is exempt from review under Executive Order 12866.

These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment.

This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial hook-and-line component for golden tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because the capacity of the fishing fleet allows for rapid harvest of the commercial ACL for the hook-and-line component, and there is a need to immediately implement this action to protect golden tilefish. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL for the hook-and-line component.

For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).

Authority:

16 U.S.C. 1801 et seq.

Dated: November 24, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2015-30318 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 150302204-5999-02] RIN 0648-BE93 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 15 AGENCY:

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

ACTION:

Final rule.

SUMMARY:

NMFS issues regulations to implement Amendment 15 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). This final rule revises the FMP framework procedures to streamline the process for changing certain regulations affecting the shrimp fishery. Additionally, Amendment 15 implements changes to the FMP that revise the maximum sustainable yield (MSY), overfishing threshold, and overfished threshold definitions and values for three species of penaeid shrimp. The purpose of this rule and Amendment 15 is to streamline the management process for Gulf shrimp stocks and to revise criteria for determining the overfished and overfishing status of each penaeid shrimp stock using the best available science.

DATES:

This rule is effective December 30, 2015.

ADDRESSES:

Electronic copies of Amendment 15, which includes an environmental assessment, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2015/Am%2015/index.html.

FOR FURTHER INFORMATION CONTACT:

Susan Gerhart, telephone: 727-824-5305, or email: [email protected]

SUPPLEMENTARY INFORMATION:

The shrimp fishery in the Gulf is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

On August 12, 2015, NMFS published a notice of availability for Amendment 15 and requested public comment (80 FR 48285). On August 25, NMFS published a proposed rule for Amendment 15 and requested public comment (80 FR 51523). The proposed rule and Amendment 15 outline the rationale for the actions contained in this final rule. A summary of the actions implemented by Amendment 15 and this final rule is provided below.

Management Measure Contained in This Final Rule

This final rule revises the FMP framework procedures at 50 CFR 622.60(a) and (b) to allow for modification of accountability measures under the standard documentation process of the open framework procedure. Also, this final rule removes outdated terminology from the regulations, such as “total allowable catch,” and removes the phrase “transfer at sea provisions” from the list of framework procedures because this phrase was inadvertently included in the final rule for the Generic Annual Catch Limits and Accountability Measures Amendment (76 FR 82044, December 29, 2011). The transfer at sea text was never intended by the Council to be included in the list of framework procedures when they were revised in 2011, but were included as a result of an error by NMFS during that rulemaking.

Additional Measures Contained in Amendment 15

Amendment 15 also contains actions that are not being codified in the regulations, but guide the Council and NMFS in establishing other management measures, which are codified. Amendment 15 revises the MSY, the overfishing threshold, and the overfished threshold definitions and values for penaeid shrimp stocks (brown, white, and pink shrimp).

The criteria and values for MSY, the overfishing threshold, and the overfished threshold for penaeid shrimp were established in Amendment 13 to the FMP (71 FR 56039, September 26, 2006). Historically, Gulf penaeid shrimp stocks were assessed with a virtual population analysis (VPA), which reported output in terms of number of parents. However, the 2007 pink shrimp stock assessment VPA incorrectly determined that pink shrimp were undergoing overfishing because the model could not accommodate low effort. In 2009, NMFS stock assessment analysts determined that the stock synthesis model was the best choice for modeling Gulf shrimp populations. Amendment 15 modifies stock status determination criteria to match the biomass-based output of the stock synthesis model. These revisions to the penaeid shrimp stock status criteria are expected to cause little to no change to the biological, physical, or ecological environments because these changes are only to the stock status reference points and therefore will not have a direct impact on the actual harvest of penaeid shrimp.

Comments and Responses

No substantive comments were received on either Amendment 15 or the proposed rule. One comment was received from a Federal agency that stated that it had no comment on the proposed rule or on Amendment 15.

Classification

The Regional Administrator, Southeast Region, NMFS has determined that this final rule is consistent with Amendment 15, the FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866.

The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this final rule.

The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Gulf of Mexico, Shrimp.

Dated: November 23, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 622 is amended as follows:

PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: Authority:

16 U.S.C. 1801 et seq.

2. In § 622.60, revise paragraphs (a) and (b) to read as follows:
§ 622.60 Adjustment of management measures.

(a) Gulf penaeid shrimp. For a species or species group: Reporting and monitoring requirements, permitting requirements, size limits, vessel trip limits, closed seasons or areas and reopenings, quotas (including a quota of zero), MSY (or proxy), OY, management parameters such as overfished and overfishing definitions, gear restrictions (ranging from regulation to complete prohibition), gear markings and identification, vessel markings and identification, allowable biological catch (ABC) and ABC control rules, rebuilding plans, restrictions relative to conditions of harvested shrimp (maintaining shrimp in whole condition, use as bait), target effort and fishing mortality reduction levels, bycatch reduction criteria, BRD certification and decertification criteria, BRD testing protocol and certified BRD specifications.

(b) Gulf royal red shrimp. Reporting and monitoring requirements, permitting requirements, size limits, vessel trip limits, closed seasons or areas and reopenings, annual catch limits (ACLs), annual catch targets (ACTs), quotas (including a quota of zero), accountability measures (AMs), MSY (or proxy), OY, management parameters such as overfished and overfishing definitions, gear restrictions (ranging from regulation to complete prohibition), gear markings and identification, vessel markings and identification, ABC and ABC control rules, rebuilding plans, and restrictions relative to conditions of harvested shrimp (maintaining shrimp in whole condition, use as bait).

[FR Doc. 2015-30214 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150311250-5474-01] RIN 0648-BE97 Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency Action AGENCY:

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

ACTION:

Temporary rule; emergency action extended.

SUMMARY:

This rule extends emergency permitting and possession limit regulations for the blueline tilefish fishery in waters north of the Virginia/North Carolina border that were implemented on June 4, 2015. This extension is necessary to continue to constrain fishing effort on the blueline tilefish stock while a long-term management plan is developed. The rule is expected to reduce fishing mortality and help ensure the long-term sustainability of the stock.

DATES:

The expiration date of the emergency rule published on June 4, 2016 (80 FR 31864) is extended through June 3, 2016.

ADDRESSES:

Copies the Environmental Assessment and Regulatory Impact Review (EA/RIR) and other supporting documents for this emergency action are available from John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA, 01930. The EA/RIR is also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT:

Tobey Curtis, Fishery Policy Analyst, (978) 281-9273.

SUPPLEMENTARY INFORMATION:

Background

This temporary final rule extends emergency permitting and possession limit regulations for the blueline tilefish (Caulolatilus microps) fishery in the Greater Atlantic Region (i.e., Federal waters north of the latitude of the Virginia/North Carolina border) as described in the original emergency action that published on June 4, 2015 (80 FR 31864). The initial temporary rule was implemented in response to a request for emergency action from the Mid-Atlantic Fishery Management Council. That temporary final rule included detailed information on the background, purpose, need, and justification to implement these emergency management measures, and that information is not repeated here.

Section 305(c) of the Magnuson-Stevens Act allows for the extension of an emergency action, which is otherwise effective for up to 180 days, for up to another 186 days, provided that certain criteria are met: (1) The public has had an opportunity to comment on the emergency regulation; and (2) in the case of a Council recommendation for emergency action, the Council is actively developing an fishery management plan (FMP) amendment or regulations to address the emergency on a permanent basis. NMFS accepted public comment on the initial emergency measures in the final rule through July 6, 2015; comments and responses are summarized below. The Mid-Atlantic and South Atlantic Fishery Management Councils are both working on long-term management measures for blueline tilefish along the Atlantic coast. The Mid-Atlantic Council has initiated an amendment to its Golden Tilefish FMP to add blueline tilefish fishery management measures to that FMP and manage the stock within its jurisdiction. Final action on that amendment is expected to occur at the Council's February 2016 meeting so that rulemaking may be completed before this temporary extension expires. This extension does not change the measures already in place. NMFS is not accepting additional public comment on this extension, and has determined that all the necessary criteria have been met and, therefore, is extending these emergency measures.

Extended Emergency Management Measures

This temporary final rule extends the following management measures for blueline tilefish in the Greater Atlantic Region:

1. A requirement for commercial or charter/party vessels landing blueline tilefish in the Northeast region (i.e., north of the latitude of the Virginia/North Carolina border: 36°33′01.0″ N. latitude) to hold a valid Northeast open access golden tilefish commercial or charter/party vessel permit, which are issued by the Greater Atlantic Regional Fisheries Office;

2. A commercial possession limit of 300 lb (136 kg) whole weight per trip; and

3. A recreational possession limit of seven blueline tilefish per person, per trip.

None of these management measures modify the existing possession regulations for golden tilefish, or any other species.

In addition to the efforts being made by the Mid-Atlantic Council, the South Atlantic Council is considering revisions to its Snapper Grouper FMP to modify blueline tilefish management measures that may or may not affect the Mid-Atlantic Council's management of this stock. Questions remain on potential stock structure of the species throughout its distribution and there is considerable uncertainty in the data and projections in the most recent benchmark stock assessment that are currently being explored. It is expected that the long-term management of blueline tilefish fisheries will be improved once these scientific and policy issues are resolved. These extended emergency measures will continue to protect blueline tilefish in the Greater Atlantic Region while allowing the Councils more time to finalize their work.

Comments and Responses

We received numerous public comments prior to implementation of the emergency action, primarily from fishermen who were opposed to overly-restrictive possession limits on blueline tilefish. Overall, the concerns raised in these comments were addressed by the management measures that we implemented. We received three comments during the original rule's comment period, and these are summarized below.

Comment 1: One comment was from a North Carolina-based commercial fishing organization. The commenter suggested that the blueline tilefish possession limits implemented by the rule disproportionately impacted commercial fishing vessels while not equally restraining recreational fishing vessels.

Response: According to the analyses in the EA (see ADDRESSES), the possession limits implemented by NMFS were expected to have minor negative impacts on both commercial and recreational fishing vessels. In recent years, only 18 percent of commercial trips landed more than 500 lb (227 kg) of blueline tilefish, and in 2014, 94 percent of landings were derived from only six vessels (out of 81 active vessels). Therefore, the commercial possession limit of 300 lb (136 kg) was not expected to impact the vast majority of vessels in the fishery, and by design, reduces incentives to target blueline tilefish. Similarly, in the recreational fishery in recent years, only 12 percent of charter/party trips landed more than seven fish per person. Therefore, impacts on the overall commercial and recreational fisheries were projected to be comparable, with little impact on the vast majority of trips.

Comment 2: One comment from a New Jersey recreational fisherman opposed the recreational possession limit, stating it was too restrictive.

Response: As noted in the response above, a minority of recreational trips are likely to be affected by the possession limit of seven fish per person. The objective of the emergency rule was to prevent further expansion of catch on this species, and we believe the seven-fish possession limit to be appropriate, and consistent with the recommendations of the Council. Additionally, the blueline tilefish possession limits do not impact the possession limits of golden tilefish or other species.

Comment 3: One comment was from a recreational fisherman who was opposed to a possession limit of one fish per vessel (Alternative 2 in the EA).

Response: NMFS agrees that the possession limits under Alternative 2 would have been more restrictive, and likely to result in greater negative impacts on a higher proportion of fishery participants. NMFS chose to implement the possession limit of seven fish per person to help constrain fishing effort, while still allowing the fishery to continue.

Classification

The Regional Administrator, Greater Atlantic Region, NMFS, has determined that the emergency measures extended by this temporary rule are necessary for the conservation and management of the blueline tilefish fishery and are consistent with the Magnuson-Stevens Act and other applicable law.

Under 5 U.S.C. 553(d)(1), the Assistant Administrator for Fisheries finds good cause to waive the 30-day delayed effectiveness of this action. Because the extension of these emergency measures contains regulations already in place, it is contrary to public interest to allow them to expire. As described more fully in the original emergency action (80 FR 31864; June 4, 2015), the reasons justifying promulgation of the rule on an emergency basis make a delay in effectiveness contrary to the public interest. The possession limits implemented for recreational and commercial blueline tilefish vessels fishing in Federal waters north of the Virgina/North Carolina border are needed to constrain fishing mortality on the stock that would otherwise be unregulated. To provide protection for blueline tilefish, and to allow additional time for the Council to develop an appropriate long-term solution for the management of this stock, expediting these emergency measures is necessary.

This action is being taken pursuant to the emergency provision of the Magnuson-Stevens Act and is exempt from OMB review.

This rule is exempt from the otherwise applicable requirement of the Regulatory Flexibility Act to prepare a regulatory flexibility analysis because the rule is issued without opportunity for prior public comment.

Authority:

16 U.S.C. 1801 et seq.

Dated: November 24, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.
[FR Doc. 2015-30320 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
80 229 Monday, November 30, 2015 Proposed Rules DEPARTMENT OF EDUCATION 2 CFR Part 3474 [Docket ID ED-2015-OS-0105] RIN 1894-AA07 Open Licensing Requirement for Direct Grant Programs AGENCY:

Office of the Secretary, Department of Education.

ACTION:

Notice of proposed rulemaking; extension of comment period.

SUMMARY:

On November 3, 2015, we published in the Federal Register a notice of proposed rulemaking (NPRM) to amend the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in order to require that all Department grantees awarded direct competitive grant funds openly license to the public all copyrightable intellectual property created with Department grant funds. That NPRM established a 30-day comment period beginning on November 3, 2015, and closing on December 3, 2015. We are extending the public comment period for 15 days, until December 18, 2015.

DATES:

The comment period for the notice of proposed rulemaking that published on November 3, 2015 (80 FR 67672), is extended. We must receive your comments on or before December 18, 2015.

ADDRESSES:

Submit your comments through the Federal eRulemaking Portal or via U.S. mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments.

Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under “Are you new to the site?”

U.S. Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about the proposed regulations, address them to Sharon Leu, U.S. Department of Education, 400 Maryland Avenue SW., room 6W252, Washington, DC 20202-5900.

Privacy Note: The Department's policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available.

FOR FURTHER INFORMATION CONTACT:

Sharon Leu, U.S. Department of Education, 400 Maryland Avenue SW., room 6W252, Washington, DC 20202-5900. Telephone: 202-453-5646 or email: [email protected]

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

SUPPLEMENTARY INFORMATION:

Background: On November 3, 2015, we published an NPRM in the Federal Register (80 FR 67672), to amend the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in order to require that all Department grantees awarded direct competitive grant funds openly license to the public all copyrightable intellectual property created with Department grant funds. The NPRM established a 30-day comment period, closing on December 3, 2015. To ensure that all interested parties are provided ample time and opportunity to submit comments, we are extending the public comment period for an additional 15 days. Written comments must be submitted to us no later than December 18, 2015.

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

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

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

Dated: November 23, 2015. Arne Duncan, Secretary of Education.
[FR Doc. 2015-30279 Filed 11-24-15; 11:15 am] BILLING CODE 4000-01-P
OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206-AN26 Prevailing Rate Systems; Abolishment of the Newburgh, NY, Appropriated Fund Federal Wage System Wage Area AGENCY:

U.S. Office of Personnel Management.

ACTION:

Proposed rule with request for comments.

SUMMARY:

The U.S. Office of Personnel Management (OPM) is issuing a proposed rule that would abolish the Newburgh, New York, appropriated fund Federal Wage System (FWS) wage area and redefine Orange County, NY, to the New York, NY, survey area; Dutchess County, NY, to the New York area of application; Delaware and Ulster Counties, NY, to the Albany-Schenectady-Troy, NY, area of application; and Sullivan County, NY, to the Scranton-Wilkes-Barre, Pennsylvania, area of application. These changes are based on a recent consensus recommendation of the Federal Prevailing Rate Advisory Committee (FPRAC) to best match the counties proposed for redefinition to nearby FWS survey areas.

DATES:

We must receive comments on or before December 30, 2015.

ADDRESSES:

You may submit comments, identified by “RIN 3206-AN26,” using any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

Mail: Brenda L. Roberts, Deputy Associate Director for Pay and Leave, Employee Services, U.S. Office of Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200.

Email: [email protected]

FOR FURTHER INFORMATION CONTACT:

Madeline Gonzalez, by telephone at (202) 606-2838 or by email at [email protected]

SUPPLEMENTARY INFORMATION:

OPM is issuing a proposed rule that would abolish the Newburgh, NY, appropriated fund FWS wage area and redefine the geographic boundaries of the New York, NY; Albany-Schenectady-Troy, NY; and Scranton-Wilkes-Barre, PA, appropriated fund FWS wage areas. The proposed rule would redefine Orange County, NY, to the New York survey area; Dutchess County, NY, to the New York area of application; Delaware and Ulster Counties, NY, to the Albany-Schenectady-Troy area of application; and Sullivan County, NY, to the Scranton-Wilkes-Barre area of application.

The Newburgh wage area is presently composed of three survey counties (Dutchess, Orange, and Ulster Counties) and two area of application counties (Delaware and Sullivan Counties).

Under section 5343 of title 5, United States Code, OPM is responsible for defining wage areas following the regulatory criteria under section 532.211 of title 5, Code of Federal Regulations. Under the regulatory criteria, OPM considers the following factors when defining FWS wage area boundaries:

(i) Distance, transportation facilities, and geographic features;

(ii) Commuting patterns; and

(iii) Similarities in overall population, employment, and the kinds and sizes of private industrial establishments.

The Office of Management and Budget defines Metropolitan Statistical Areas (MSAs) and maintains and updates the definitions of MSA boundaries following each decennial census. OMB's 2013 definitions of MSAs added Dutchess and Orange Counties to the New York-Newark-Jersey City, NY-NJ-PA MSA. The New York-Newark-Jersey City is now split between the Newburgh and New York wage areas. OPM regulations at 5 CFR 532.211 do not permit splitting MSAs for the purpose of defining a wage area, except in very unusual circumstances.

Dutchess and Orange Counties, NY

Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, and Union Counties, NJ; Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, and Westchester Counties, NY; and Pike County, PA, comprise the New York-Newark-Jersey City, NY-NJ-PA MSA. The New York-Newark-Jersey City MSA contains parts of the Newburgh and New York FWS wage areas. Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Somerset, and Union Counties, NJ, and Bronx, Kings, Nassau, New York, Queens, Suffolk, and Westchester Counties, NY, are part of the New York survey area. Hunterdon, Monmouth, Ocean (excluding the Fort Dix Military Reservation), and Sussex Counties, NJ; Putnam, Richmond, and Rockland Counties, NY; and Pike County, PA, are part of the New York area of application. Dutchess and Orange Counties, NY, are part of the Newburgh survey area.

There now appear to be no unusual circumstances for Dutchess and Orange Counties to be split from the majority of the counties of the New York-Newark-Jersey City MSA. Therefore, OPM proposes to redefine Dutchess and Orange Counties to the New York wage area. Because Orange County has a large FWS workforce of 800 employees, it would be redefined to the New York survey area. With only 39 FWS employees, Dutchess County would be redefined to the New York area of application.

Delaware, Sullivan, and Ulster Counties, NY

With the redefinition of Dutchess and Orange Counties to the New York wage area, the Newburgh wage area would no longer be a viable wage area and would be abolished. Its remaining constituent counties would be redefined to a neighboring wage area.

In selecting a wage area to which Delaware County should be redefined, the distance criterion favors the Albany-Schenectady-Troy wage area. The commuting patterns criterion slightly favors the New York wage area. The overall population and employment and the kinds and sizes of private industrial establishments criterion does not favor one wage area more than another. Based on these findings, OPM is proposing to redefine Delaware County as an area of application county to the Albany-Schenectady-Troy wage area.

In selecting a wage area to which Sullivan County would be redefined, the distance criterion favors the Scranton-Wilkes-Barre wage area. The commuting patterns criterion favors the New York wage area. The overall population and employment and the kinds and sizes of private industrial establishments criterion does not favor one wage area more than another. Based on these findings, OPM is proposing to redefine Sullivan County as an area of application to the Scranton-Wilkes-Barre area of application.

In selecting a wage area to which Ulster County would be redefined, the distance criterion favors the Albany-Schenectady-Troy wage area. The commuting patterns criterion favors the New York wage area. The overall population and employment and the kinds and sizes of private industrial establishments criterion does not favor one wage area more than another. Based on these findings, OPM is proposing to redefine Ulster County as an area of application county to the Albany-Schenectady-Troy wage area.

The Federal Prevailing Rate Advisory Committee (FPRAC), the statutory national labor-management committee responsible for advising OPM on matters affecting the pay of FWS employees, recommended these changes by consensus. These changes would be effective on the first day of the first applicable pay period beginning on or after 30 days following publication of the final regulations.

Regulatory Flexibility Act

I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 532

Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages.

U.S. Office of Personnel Management. Beth F. Cobert, Acting Director.

Accordingly, OPM is proposing to amend 5 CFR part 532 as follows:

PART 532—PREVAILING RATE SYSTEMS 1. The authority citation for part 532 continues to read as follows: Authority:

5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552.

Appendix C to Subpart B of Part 532—[Amended] 2. Appendix A to subpart B of part 532 is amended for the State of New York by removing the entry for Newburg. 3. Appendix C to subpart B is amended by removing the wage area listing for Newburgh, NY, and revising the wage area listing for the Albany-Schenectady-Troy, NY; New York, NY; and Scranton-Wilkes-Barre, PA, wage areas to read as follows: Appendix C to Subpart B of Part 532—Appropriated Fund Wage and Survey Areas NEW YORK Albany-Schenectady-Troy Survey Area New York: Albany Montgomery Rensselaer Saratoga Schenectady Area of Application. Survey area plus: New York: Columbia Delaware Fulton Greene Schoharie Ulster Warren Washington New York Survey Area New Jersey: Bergen Essex Hudson Middlesex Morris Passaic Somerset Union New York: Bronx Kings Nassau New York Orange Queens Suffolk Westchester Area of Application. Survey area plus: New Jersey: Hunterdon Monmouth Ocean (Excluding the Fort Dix Military Reservation) Sussex New York: Dutchess Putnam Richmond Rockland Pennsylvania: Pike PENNSYLVANIA Scranton-Wilkes-Barre Survey Area Pennsylvania: Lackawanna Luzerne Monroe Area of Application. Survey area plus: New York: Sullivan Pennsylvania: Bradford Columbia Lycoming (Excluding Allenwood Federal Prison Camp) Montour Sullivan Susquehanna Wayne Wyoming
[FR Doc. 2015-30310 Filed 11-27-15; 8:45 am] BILLING CODE 6325-39-P
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [NRC-2011-0189 and NRC-2014-0240] RIN 3150-AJ49 Mitigation of Beyond-Design-Basis Events; Correction AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule; correction.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is correcting a proposed rule that it published in theFederal Register (FR) on November 13, 2015, proposing to amend its regulations that establish regulatory requirements for nuclear power reactor applicants and licensees to mitigate beyond-design-basis events. This action is necessary to correct an NRC docket ID number that was listed incorrectly.

DATES:

The correction is effective November 30, 2015.

ADDRESSES:

Please refer to Docket ID NRC-2014-0240 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

• Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0240. 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.

• 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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

• 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.

FOR FURTHER INFORMATION CONTACT:

Timothy Reed, Office of Nuclear Reactor Regulation, telephone: 301-415-1462, email: [email protected]; or Eric Bowman, Office of Nuclear Reactor Regulation, telephone: 301-415-2963, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

In the FR on November 13, 2015, in FR Doc. 2015-28589, on page 70640, in the first column, the third paragraph, the ninth line, correct “NRC-2012-0059” to read “NRC-2014-0240.”

Dated at Rockville, Maryland, this 24th day of November 2015.

For the Nuclear Regulatory Commission.

Leslie Terry, Acting Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration.
[FR Doc. 2015-30258 Filed 11-27-15; 8:45 am] BILLING CODE 7590-01-P
DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Chapter I [Docket ID FFIEC-2014-0001] FEDERAL RESERVE SYSTEM 12 CFR Chapter II [Docket No. R-1510] FEDERAL DEPOSIT INSURANCE CORPORATION [12 CFR Chapter III] Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 AGENCY:

Office of the Comptroller of the Currency (“OCC”), Treasury; Board of Governors of the Federal Reserve System (“Board”); and Federal Deposit Insurance Corporation (“FDIC”).

ACTION:

Notice of outreach meeting.

SUMMARY:

The OCC, Board, and FDIC (together “we” or “Agencies”) announce the sixth and final outreach meeting on the Agencies' interagency process to review their regulations under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (“EGRPRA”).

DATES:

An outreach meeting will be held in the Washington, DC area at the FDIC's L. William Seidman Center at Virginia Square in Arlington, Virginia, on Wednesday December 2, 2015, beginning at 9:00 a.m. Eastern Standard Time (EST). Online registrations will be accepted through November 30, 2015, or until all seats are filled, whichever is earlier. If seats are available after the close of online registration, individuals may register in person at the L. William Seidman Center on the day of the meeting.

ADDRESSES:

The Agencies will hold the December 2, 2015, outreach meeting at the FDIC's L. William Seidman Center at Virginia Square, 3501 Fairfax Drive, Arlington, VA 22226. Live video of this meeting will be streamed at: http://egrpra.ffiec.gov/. Participants attending in person should register at: http://egrpra.ffiec.gov/outreach/outreach-index.html.

In addition, to enhance participation, interested persons anywhere in the country will have the opportunity to view and participate in the meeting online using their computers. Members of the public watching online will be able to submit written comments at any time during the meeting using the text chat feature. In addition to the online option, a toll-free telephone number (800) 857-9751 (Participant passcode: 6040376) is available for members of the public who would like only to listen to the meeting, and who may choose later to submit written comments. Information regarding these additional participation options is described in the meeting details section for the Washington, DC area meeting at: http://egrpra.ffiec.gov/outreach/outreach-meeting-details-dc.html.

Any interested individual may submit comments through the EGRPRA Web site during open comment periods at: http://egrpra.ffiec.gov/submit-comment/submit-comment-index.html. On this site, click “Submit a Comment” and follow the instructions. Alternatively, comments also may be submitted through the Federal eRulemaking Portal “Regulations.gov” at: http://www.regulations.gov. Enter “Docket ID FFIEC-2014-0001” in the Search Box, click “Search,” and click “Comment Now.” Those who wish to submit their comments by an alternate means may do so as indicated by each agency below.

OCC

The OCC encourages commenters to submit comments through the Federal eRulemaking Portal, Regulations.gov, in accordance with the previous paragraph. Alternatively, comments may be emailed to [email protected] or sent by mail to Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Mail Stop 9W-11, 400 7th Street SW., Washington, DC 20219. Comments also may be faxed to (571) 465-4326 or hand delivered or sent by courier to 400 7th Street SW., Washington, DC 20219. For comments submitted by any means other than Regulations.gov, you must include “OCC” as the agency name and “Docket ID FFIEC-2014-0001” in your comment.

In general, the OCC will enter all comments received into the docket and publish them without change on Regulations.gov. Comments received, including attachments and other supporting materials, as well as any business or personal information you provide, such as your name and address, email address, or phone number, are part of the public record and subject to public disclosure. Therefore, please do not include any information with your comment or supporting materials that you consider confidential or inappropriate for public disclosure.

You may inspect and photocopy in person all comments received by the OCC at 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect or photocopy comments. You may make an appointment by calling (202) 649-6700 or, for persons who are deaf or hard of hearing, TTY (202) 649-5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to a security screening.

Board

The Board encourages commenters to submit comments regarding the Board's regulations by any of the following methods:

• Agency Web site: http://www.federalreserve.gov/apps/foia/proposedregs.aspx. Follow the instructions for submitting comments on the Agency Web site.

• Federal eRulemaking Portal, in accordance with the directions above.

• Email: r[email protected] Include “EGRPRA” and Docket No. R-1510 in the subject line of the message.

• FAX: (202) 452-3819.

• Mail: Robert deV. Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

In general, the Board will enter all comments received into the docket and publish them without change on the Board's public Web site, www.federalreserve.gov; Regulations.gov; and http://egrpra.ffiec.gov. Comments received, including attachments and other supporting materials, as well as any business or personal information you provide, such as your name and address, email address, or phone number, are part of the public record and subject to public disclosure. Therefore, please do not enclose any information with your comment or supporting materials that you consider confidential or inappropriate for public disclosure.

You may inspect and photocopy in person all comments received by the Board in Room 3515, 1801 K Street NW. (between 18th and 19th Street NW.), Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may make an appointment by calling (202) 452-3000. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to a security screening.

FDIC

The FDIC encourages commenters to submit comments through the Federal eRulemaking Portal, “Regulations.gov,” in accordance with the directions above. Alternatively, you may submit comments by any of the following methods:

Agency Web site: http://www.fdic.gov/regulations/laws/federal. Follow instructions for submitting comments on the Agency Web site.

Email: [email protected] Include “EGRPRA” in the subject line of the message.

Mail: Robert E. Feldman, Executive Secretary, Attention: Comments, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

Hand Delivery/Courier: Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7:00 a.m. and 5:00 p.m. (EDT).

The FDIC will post all comments received to http://www.fdic.gov/regulations/laws/federal without change, including any personal information provided. Comments may be inspected and photocopied in the FDIC Public Information Center, 3501 North Fairfax Drive, Room E-1002, Arlington, VA 22226, between 9:00 a.m. and 5:00 p.m. (EST) on business days. Paper copies of public comments may be ordered from the Public Information Center by calling (877) 275-3342.

FOR FURTHER INFORMATION CONTACT:

OCC: Heidi M. Thomas, Special Counsel, (202) 649-5490; for persons who are deaf or hard of hearing, TTY (202) 649-5597.

Board: Kevin Wilson, Financial Analyst, (202) 452-2362; Claudia Von Pervieux, Counsel (202) 452-2552; for persons who are deaf or hard of hearing, TTY (202) 263-4869.

FDIC: Ruth R. Amberg, Assistant General Counsel, (202) 898-3736; for persons who are deaf or hard of hearing, TTY 1-800-925-4618.

SUPPLEMENTARY INFORMATION:

EGRPRA 1 directs the Agencies, along with the Federal Financial Institutions Examination Council (Council), not less frequently than once every ten years, to conduct a review of their regulations to identify outdated or otherwise unnecessary regulations imposed on insured depository institutions. As part of this review, the Agencies are holding a series of six outreach meetings to provide an opportunity for bankers, consumer and community groups, and other interested persons to present their views directly to senior management and staff of the Agencies on any of 12 specific categories of the Agencies' regulations, as further described below. The Agencies held the first of these outreach meetings on December 2, 2014, in Los Angeles, California; the second outreach meeting on February 4, 2015, in Dallas, Texas; the third outreach meeting on May 4, 2015, in Boston, Massachusetts; the fourth outreach meeting, which focused on rural banks and their communities, in Kansas City, Missouri on August 4, 2015; and the fifth outreach meeting on October 19, 2015 in Chicago, Illinois. Additional details, including videos and transcripts of the first five outreach meetings, are available on the EGRPRA Web site at: http://egrpra.ffiec.gov/outreach/outreach-index.html.

1 Public Law 104-208 (1996), 110 Stat. 3009-414, codified at 12 U.S.C. 3311.

The final outreach meeting will be held on December 2, 2015, in the Washington, DC area at the FDIC's L. William Seidman Center at Virginia Square in Arlington, Virginia, and will be streamed live at: http://egrpra.ffiec.gov/. FDIC Chairman Martin J. Gruenberg, Comptroller of the Currency Thomas J. Curry, and Federal Reserve Board Governor Daniel K. Tarullo are scheduled to attend, along with senior staff members of the Agencies. The meeting will consist of panels of bankers and consumer and community groups who will present particular issues. There will be limited time after each panel for comments from meeting attendees. In addition, there will be a session at the end of the meeting during which audience members may present views on any of the regulations under review. The Agencies reserve the right to limit the time of individual commenters, if needed, in order to accommodate the number of persons desiring to speak.

Comments made by panelists, audience members, and online participants at this meeting will be reflected in the public comment file. Audience members who do not wish to comment orally may submit written comments at the meeting. As noted above, any interested person may submit comments through the EGRPRA Web site during open comment periods at: http://egrpra.ffiec.gov/submit-comment/submit-comment-index.html or directly to the Agencies through any of the other manners specified above.

All participants attending in person should register for the Washington, DC area outreach meeting at: http://egrpra.ffiec.gov/outreach/outreach-index.html. Because of space constraints, on-site attendance will be limited. Online registrations will be accepted through November 30, 2015, or until all seats are filled, whichever is earlier. If seats are available, individuals may register in person at the L. William Seidman Center on the day of the meeting. Individuals do not need to register to view the live-stream broadcast.

We note that the meeting will be video-recorded and publicly webcast in order to increase education and outreach. By participating in person at the meeting, you consent to appear in such recordings.

Additional Background on EGRPRA

Section 2222 of EGRPRA directs the Agencies, along with the Council, to conduct a review of their regulations not less frequently than once every ten years to identify outdated or otherwise unnecessary regulatory requirements imposed on insured depository institutions. In conducting this review, the Agencies are required to categorize their regulations by type and, at regular intervals, provide notice and solicit public comment on categories of regulations, requesting commenters to identify areas of regulations that are outdated, unnecessary, or unduly burdensome. The statute requires the Agencies to publish in the Federal Register a summary of the comments received, identifying significant issues raised and commenting on these issues. The statute also directs the Agencies to eliminate unnecessary regulations to the extent that such action is appropriate. Finally, section 2222 requires the Council, of which the Agencies are members, to submit a report to Congress that summarizes any significant issues raised in the public comments and the relative merits of such issues. The report also must include an analysis of whether the Agencies are able to address the regulatory burdens associated with such issues by regulation or whether these burdens must be addressed by legislative action.

For purposes of this review, the Agencies have grouped our regulations into 12 categories: Applications and Reporting; Banking Operations; Capital; Community Reinvestment Act; Consumer Protection; Directors, Officers and Employees; International Operations; Money Laundering; Powers and Activities; Rules of Procedure; Safety and Soundness; and Securities. On June 4, 2014, we published a Federal Register document announcing the start of the EGRPRA review process and also asking for public comment on three of these categories—Applications and Reporting; Powers and Activities; and International Operations regulations.2 In that document we published a chart, listing the Agencies' regulations in the 12 categories included in the EGRPRA review. The comment period for this Federal Register document closed on September 2, 2014. On February 13, 2015, we published a Federal Register document asking for public comment on three additional categories—Banking Operations; Capital; and the Community Reinvestment Act.3 The comment period for the second Federal Register document closed on May 14, 2015. On June 5, 2015, the Agencies published a third Federal Register document asking for public comment on three additional categories—Consumer Protection; Directors, Officers and Employees; and Money Laundering.4 This third Federal Register document announced that the Agencies' expanded the scope of the EGRPRA review to cover newly issued regulations. The comment period for the third document closed on September 3, 2015. Before the end of the year, the Agencies intend to issue the final Federal Register document, requesting comment on regulations in the last three categories—Rules of Procedure; Safety and Soundness; and Securities, as well as on any other final rules not covered by one of the prior Federal Register documents. In addition, to be as inclusive as possible, the Agencies will invite comment during the comment period for the fourth document on any Agency rule that is issued in final form before the end of the year. Finally, as noted in prior documents, the Agencies will continue to accept comments on any rules included in the prior Federal Register documents for which we have already sought comment during the open comment period in the final Federal Register document.

2 79 FR 32172.

3 80 FR 7980.

4 80 FR 32046.

Dated: November 18, 2015. Thomas J. Curry, Comptroller of the Currency.

By order of the Board of Governors of the Federal Reserve System, November 19, 2015.

Robert deV. Frierson, Secretary of the Board. Dated: November 18, 2015. Robert E. Feldman, Executive Secretary, Federal Deposit Insurance Corporation.
[FR Doc. 2015-30247 Filed 11-27-15; 8:45 am] BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6542; Directorate Identifier 2015-NM-038-AD] RIN 2120-AA64 Airworthiness Directives; Embraer S.A. Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This proposed AD was prompted by reports of cracks in certain engine low-stage bleed check valves. This proposed AD would require replacing the air management system (AMS) controller operation program of the AMS controller processor boards, and replacement of the current low-stage bleed check valve and associated seals. We are proposing this AD to prevent failure of the low-stage bleed check valve, which could result in dual engine in-flight shutdown.

DATES:

We must receive comments on this proposed AD by January 14, 2016.

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 service information identified in this proposed AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 São Jose dos Campos-SP-BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.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-2015-6542; 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 Operations 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:

Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; 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-2015-6542; Directorate Identifier 2015-NM-038-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

The Agência Nacional de Aviação Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2015-02-02, dated March 6, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:

This [Brazilian] AD was prompted by reports of cracks in some engine low-stage bleed check valves having part number (P[/]N) 1001447-6. Further analysis has determined that if a new (zero hour) low-stage bleed check valve P/N 1001447-6 is installed in an airplane already equipped with the Air Management System (AMS) controller processor boards containing the AMS Controller Operational Program version Black Label 13, or a later version, premature cracking on the petals of the low-stage bleed check valve is not expected to occur. We are issuing this [Brazilian] AD to prevent the possibility of a dual engine in-flight shutdown due to low-stage bleed check valve failure.

The required action is replacement of the AMS controller operation program of the AMS controller processor boards, and replacement of the low-stage bleed check valves and associated seals. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6542.

Related Service Information Under 1 CFR Part 51

Embraer has issued Service Bulletin 190-36-0023, Revision 03, dated September 24, 2014, which describes procedures for replacing the engine low-stage bleed check valves. Embraer has also issued Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013, which describe procedures for replacing the AMS controller operation program of the AMS controller processor boards. 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 NPRM.

Differences Between the MCAI and This Proposed AD

The applicability of paragraph (g) of this proposed AD is limited to airplanes identified in Embraer Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013. The MCAI did not include this limitation. We have included this limitation because Model ERJ 190 airplanes with serial number (S/N) 19000587, S/N 19000589, S/N 19000593 and subsequent have a modification incorporated at the factory equivalent to the modification required by this AD.

Also, this proposed AD includes all Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes, because of an additional proposed requirement in paragraph (j)(1) of this AD, which is related to installation of used low-stage bleed check valves having P/N 001447-6 on Model ERJ 170 airplanes. ANAC is considering future rulemaking to include a similar requirement.

FAA's Determination and Requirements of This Proposed AD

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 the same type design.

Costs of Compliance

We estimate that this proposed AD affects 197 airplanes of U.S. registry.

We also estimate that it would take about 4 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $638 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $192,666, or $978 per product.

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 adding the following new airworthiness directive (AD): Embraer S.A.: Docket No. FAA-2015-6542; Directorate Identifier 2015-NM-038-AD. (a) Comments Due Date

We must receive comments by January 14, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) All Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes.

(2) All Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes.

(d) Subject

Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

This AD was prompted by reports of cracks in certain engine low-stage bleed check valves. We are issuing this AD to prevent failure of the low-stage bleed check valve, which could result in dual engine in-flight shutdown.

(f) Compliance

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

(g) Modification

For Embraer S.A. Model ERJ 190 airplanes identified in Embraer Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013, within 3 months after the effective date of this AD, replace the Hamilton Sundstrand air management system (AMS) controller operation program of the AMS controller processor boards, as specified in paragraph (g)(1) or (g)(2) of this AD.

(1) Replace with a new, improved program, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013.

(2) Replace with a version of the Hamilton Sundstrand AMS controller operation program approved after August 31, 2012, using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; Agência Nacional de Aviação Civil (ANAC); or ANAC's authorized Designee.

(h) Valve Replacement

For Embraer S.A. Model ERJ 190 airplanes identified in Embraer Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013, within 3 months after the effective date of this AD, and after accomplishment of the actions required by paragraph (g) of this AD: Replace the check valve and associated seals of the left-hand and right-hand engine bleed system with a check valve identified in paragraph (i) of this AD, and new seals, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 190-36-0023, Revision 03, dated September 24, 2014.

(i) Allowed Valves

When complying with paragraph (h) of this AD, the low-stage bleed check valves having P/N 1001447-6, and associated seals, are replaced with new ones (zero-hour). Low-stage bleed check valves having P/N 1001447-6 that can be demonstrated with logged hours only on ERJ-170 aircraft and/or on ERJ-190 aircraft equipped with the AMS Controller Operational Program version Black Label 13, or a later version, can be used instead of new ones (zero-hour).

(j) Parts Installation Limitation

(1) For Model ERJ 170-100 STD, -100 LR, -100SU, -100SE, -200 STD, -200 LR, and -200 SU airplanes: No person may install on any airplane a low-stage bleed check valve having P/N 1001447-6 that was installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, or -200 IGW airplane, any serial number except 190-00587, 190-00589, and 190-00593 and subsequent, prior to accomplishment of paragraph (g) of this AD.

(2) For Model ERJ 190-100 STD, -100 LR, -100IGW, -200 STD, -200 LR, and -200 IGW airplanes: No person may install on any airplane on which the actions of paragraph (g) of this AD have been done, a low-stage bleed check valve having P/N 1001447-6 that was previously installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, or -200 IGW airplane, any serial number except 190-00587, 190-00589, 190-00593 and subsequent, prior to accomplishment of paragraph (g) of this AD.

(k) Credit for Previous Actions

(1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (k)(1)(i) or (k)(1)(ii) of this AD. This service information is not incorporated by reference in this AD.

(i) Embraer Service Bulletin 190-21-0041, dated September 27, 2012.

(ii) Embraer Service Bulletin 190-21-0041, Revision 01, dated December 20, 2012.

(2) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD. This service information is not incorporated by reference in this AD.

(i) Embraer Service Bulletin 190-36-0023, dated July 22, 2013.

(ii) Embraer Service Bulletin 190-36-0023, Revision 01, dated September 3, 2013.

(iii) Embraer Service Bulletin 190-36-0023, Revision 02, dated April 30, 2014.

(l) 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: Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; 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) 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 ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.

(m) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2015-02-02, dated March 6, 2015, 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-2015-6542.

(2) For service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170 - Putim - 12227-901 São Jose dos Campos - SP - BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. 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 November 20, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-30224 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1014; Directorate Identifier 2015-NE-14-AD] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Proposed rule; withdrawal.

SUMMARY:

The FAA is withdrawing a notice of proposed rulemaking (NPRM). The NPRM proposed a new airworthiness directive (AD) that had applied to all Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 650-15 and Tay 651-54 turbofan engines. The proposed action would have required reducing the cyclic life limits for certain high-pressure turbine (HPT) disks. Accordingly, we withdraw the proposed rule.

DATES:

The proposed rule published in the Federal Register on June 8, 2015 (80 FR 32315, June 8, 2015) is withdrawn as of November 30, 2015.

FOR FURTHER INFORMATION CONTACT:

Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7770; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION:

The FAA proposed to amend 14 CFR part 39 with a proposed AD (80 FR 32315, June 8, 2015). The proposed AD had applied to Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 650-15 and Tay 651-54 turbofan engines. The NPRM proposed to reduce the cyclic life limits for certain HPT disks. The proposed action was prompted by an analysis that showed the need to reduce the cyclic life limits for certain HPT disks. The proposed actions intended to prevent failure of the HPT disk, which could result in uncontained disk release, damage to the engine, and damage to the airplane.

Since we issued the NPRM (80 FR 32315, June 8, 2015), additional information became available after the public comment period closed on August 7, 2015.

Upon further consideration, we hereby withdraw the proposed rule because we will propose to supersede AD 2006-18-14 (71 FR 52988, September 8, 2006).

Withdrawal of the NPRM (80 FR 32315, June 8, 2015) constitutes only such action, and does not preclude the agency from issuing another notice in the future, nor does it commit the agency to any course of action in the future.

Since this action only withdraws a notice of proposed rulemaking, it is neither a proposed nor a final rule. Therefore, Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979) do not cover this withdrawal.

List of Subjects in 14 CFR Part 39

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

The Withdrawal

Accordingly, the notice of proposed rulemaking, Docket No. FAA-2015-1014; Directorate Identifier 2015-NE-14-AD, published in the Federal Register on June 8, 2015 (80 FR 32315), is withdrawn.

Issued in Burlington, Massachusetts, on November 20, 2015. Colleen M. D'Alessandro, Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2015-30010 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6539; Directorate Identifier 2015-NM-036-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, and -115 airplanes; Model A320-211, -212, and -214 airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the forward engine mounts are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive detailed inspections of the right and left forward engine mounts, and corrective action if necessary. These inspections are required by AD 2015-05-02. This proposed AD would reduce the compliance times for those inspections. We are proposing this AD to detect and correct fatigue cracking in the forward engine mounts, which could result in reduced structural integrity of the airplane and could lead to in-flight loss of an engine, possibly resulting in reduced controllability of the airplane.

DATES:

We must receive comments on this proposed AD by January 14, 2016.

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 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. 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-2015-6539; 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 Operations 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-2015-6539; Directorate Identifier 2015-NM-036-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

Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site-damage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as widespread fatigue damage (WFD). As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention.

The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved.

The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions.

In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes.

Failure of a forward engine mount could lead to in-flight loss of an engine, possibly resulting in reduced controllability 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 2015-0038, dated March 4, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, and -115 airplanes; Model A320-211, -212, and -214 airplanes; and Model A321- 111, -112, -211, -212, and -213 airplanes. The MCAI states:

During a A320 Extended Service Goal (ESG) residual fatigue test, in which new loads were used, taking into account the results of the 2006 fleet survey, the CFM56-5A/5B forward engine mount experienced a failure before reaching the threshold/interval for the detailed inspection of that forward engine mount, as identified in Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 2 (hereafter referred to in this [EASA] AD as `the ALS') task 712111-01. In case of total loss of the primary load path, the current maintenance requirements do not ensure the design integrity of the remaining structure.

This condition, if not corrected, could lead to in-flight loss of an engine, possibly resulting in reduced control of the aeroplane and injury to persons on the ground.

For the reasons described above, this [EASA] AD requires implementation of a reduced threshold and interval for the detailed inspections (DET) of the forward engine mount on both right hand (RH) and left hand (LH) sides, as specified in the ALS, task 712111-01.

Once further investigations and test are completed, the threshold and interval of the ALS task 712111-01 will likely be modified accordingly.

Required actions include repair of discrepancies (cracks) found during the inspection. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6539.

Related AD

AD 2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), which is applicable to all Airbus Model A318, A319, A320, and A321 series airplanes, requires revising the maintenance or inspection program, as applicable, to incorporate certain Airworthiness Limitation Items. Paragraph (n)(2) of AD 2015-05-02 requires incorporating Part 2-Damage-Tolerant Airworthiness Limitation Items (DT ALI), of the Airbus A318/A319/A320/A321 ALS, Revision 02, dated May 28, 2013. AD 2015-05-02 corresponds to EASA AD 2013-0147, dated July 16, 2013. We considered the fleet size that would be affected by superseding AD 2015-05-02, and the consequent workload associated with revising maintenance record entries, and determined that this proposed AD should not supersede AD 2015-05-02.

Although this proposed AD would not supersede AD 2015-05-02, paragraph (g) of this proposed AD would terminate the initial and repetitive inspections for the corresponding inspections in paragraph (n)(2) of AD 2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), for Airbus Airworthiness Limitation Tasks 712111-01-1, 712111-01-2, 712111-01-3, and 71211-01-4, “Detailed Inspection of Forward Engine Mount Installation.”

FAA's Determination and Requirements of This Proposed AD

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.

Interim Action

We consider this proposed AD interim action. Once further investigations and tests are completed, the initial compliance time and repetitive intervals for Airbus Airworthiness Limitation Tasks 712111-01-1, 712111-01-2, 712111-01-3, and 712111-01-4, “Detailed Inspection of Forward Engine Mount Installation,” could be revised and we might consider further rulemaking at that time.

Costs of Compliance

We estimate that this proposed AD affects 940 airplanes of U.S. registry.

We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $79,900, or $85 per product.

We have received no definitive data that would enable us to provide cost estimates for the on-condition parts cost specified in this AD.

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 adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2015-6539; Directorate Identifier 2015-NM-036-AD. (a) Comments Due Date

We must receive comments by January 14, 2016.

(b) Affected AD

This AD affects AD 2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015).

(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.

(1) Model A318-111 and -112 airplanes.

(2) Model A319-111, -112, -113, -114, and -115 airplanes.

(3) Model A320-211, -212, and -214 airplanes.

(4) Model A321-111, -112, -211, -212, and -213 airplanes.

(d) Subject

Air Transport Association (ATA) of America Code 05, Periodic Inspections.

(e) Reason

This AD was prompted by an evaluation by the design approval holder indicating that the forward engine mounts are subject to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking in the forward engine mounts, which could result in reduced structural integrity of the airplane and could lead to in-flight loss of an engine, possibly resulting in reduced controllability of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

At the latest of the times specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD: Do a detailed inspection of the left and right forward engine mounts for discrepancies (cracking), using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA. Repeat the inspection thereafter at intervals not to exceed 800 flight cycles.

Note 1 to paragraphs (g) and (h) of this AD: Guidance for the inspection and engine mount replacement can be found in Task 712111-210-040 of the Airbus A318/A319/A320/A321 Maintenance Manual.

(1) Within 800 flight cycles since the first flight of the airplane.

(2) Within 800 flight cycles since the most recent detailed inspection specified in Airbus Airworthiness Limitation Tasks 712111-01-1, 712111-01-2, 712111-01-3, or 712111-01-4, “Detailed Inspection of Forward Engine Mount Installation,” as applicable.

(3) Within 800 flight cycles after the effective date of this AD.

(h) Corrective Action

If any discrepancy (cracking) is found during any inspection required by paragraph (g) of this AD: Before further flight, replace the affected forward engine mount with a serviceable part, 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).

(i) No Terminating Action

Replacement of a forward engine mount does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD.

(j) Termination of Certain Tasks Required by AD 2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015)

Accomplishment of the inspections required by paragraph (g) of this AD terminates the initial and repetitive inspections specified in paragraph (n)(2) of AD 2015-05-02, Amendment 39-18112 (80 FR 15152, March 23, 2015), for Airbus Airworthiness Limitation Tasks 712111-01-1, 712111-01-2, 712111-01-3, and 712111-01-4, “Detailed Inspection of Forward Engine Mount Installation.”

(k) 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) 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 the EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

(l) Special Flight Permits

Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

(m) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0038, dated March 4, 2015, 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-2015-6539.

(2) For 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. 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 November 20, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-30216 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6541; Directorate Identifier 2015-NM-135-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD was prompted by reports of a manufacturing oversight, in which a supplier omitted the required protective finish on certain bushings installed in the rear spar upper chord on horizontal stabilizers, which could lead to galvanic corrosion and consequent cracking of the rear spar upper chord. This proposed AD would require an inspection or records check to determine if affected horizontal stabilizers are installed, related investigative actions, and for affected horizontal stabilizers, repetitive inspections for any crack of the horizontal stabilizer rear spar upper chord, and corrective action if necessary. We are proposing this AD to detect and correct cracking of the rear spar upper chord, which can result in the failure of the upper chord and consequent departure of the horizontal stabilizer from the airplane, which can lead to loss of continued safe flight and landing.

DATES:

We must receive comments on this proposed AD by January 14, 2016.

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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed 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-2015-6541.

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-2015-6541; 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 (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Jason Deutschman, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6595; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION: Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-6541; Directorate Identifier 2015-NM-135-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 because of 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 received reports of a manufacturing oversight, in which the required protective finish (zinc-nickel alloy plate or cadmium plate) was omitted on the 182A1508-4/-5/-6 bushings (in line with the terminal fitting holes) installed in the rear spar upper chord on horizontal stabilizers with certain serial numbers. This issue was discovered after production of the affected stabilizers.

The 182A1508-4/-5/-6 bushings are made from aluminum-nickel-bronze. Installing these bushings, without the required protective finish, into the 2024-T3511 aluminum horizontal stabilizer rear spar upper chord can lead to galvanic corrosion between the dissimilar metals. Bushings with galvanic corrosion, if not corrected, can lead to cracking of the rear spar upper chord, which can result in the failure of the upper chord and consequent departure of the horizontal stabilizer from the airplane, which can lead to loss of continued safe flight and landing.

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015. The service information describes procedures for an inspection or records review to determine if affected horizontal stabilizers are installed, related investigative actions, high frequency eddy current inspections for any crack of the horizontal stabilizer rear spar upper chord, and corrective action if necessary. 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 NPRM.

FAA's Determination

We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

Proposed AD Requirements

This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.”

The phrase “related investigative actions” is used in this proposed AD. “Related investigative actions” are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections.

The phrase “corrective actions” is used in this proposed AD. “Corrective actions” are actions that correct or address any condition found. Corrective actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways:

• In accordance with a method that we approve; or

• Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings.

Explanation of “RC” Steps in Service Information

The FAA worked in conjunction with industry, under the Airworthiness Directive Implementation Aviation Rulemaking Committee (ARC), to enhance the AD system. One enhancement was a new process for annotating which steps in the service information are required for compliance with an AD. Differentiating these steps 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 steps identified as Required for Compliance (RC) in any service information identified previously have a direct effect on detecting, preventing, resolving, or eliminating an identified unsafe condition.

For service information that contains steps that are labeled as RC, the following provisions apply: (1) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD, and an AMOC is required for any deviations to RC steps, including substeps and identified figures; and (2) steps not labeled 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 RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

Costs of Compliance

We estimate that this proposed AD affects 1,397 airplanes of U.S. registry.

We estimate the following costs to comply with this proposed AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspection or check 1 work-hour × $85 per hour = $85 $0 $85 $118,745

    We estimate the following costs to do any necessary inspections that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these inspections:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Inspections 4 work-hours × $85 per hour = $340 $0 $340

    According to the manufacturer, some of the costs of this proposed 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.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition repairs specified in this proposed AD.

    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 adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2015-6541; Directorate Identifier 2015-NM-135-AD. (a) Comments Due Date

    We must receive comments by January 14, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and 900ER series airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

    (e) Unsafe Condition

    This AD was prompted by reports of a manufacturing oversight, in which a supplier omitted the required protective finish on certain bushings installed in the rear spar upper chord on horizontal stabilizers, which could lead to galvanic corrosion and consequent cracking of the rear spar upper chord. We are issuing this AD to detect and correct cracking of the rear spar upper chord, which can result in the failure of the upper chord and consequent departure of the horizontal stabilizer from the airplane, which can lead to loss of continued safe flight and landing.

    (f) Compliance

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

    (g) Serial Number Check or Inspection To Determine If Certain Horizontal Stabilizers Are Installed, Related Investigative Actions, Repetitive Inspections for Cracks, and Corrective Action

    (1) Except as specified in paragraph (h)(1) of this AD, within the compliance time identified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, do the actions specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD.

    (i) Do a records check to determine if an affected horizontal stabilizer is installed and if any horizontal stabilizer has been exchanged, and do all applicable related investigative actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015. Affected horizontal stabilizers are identified in the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015.

    (ii) Do an inspection of the horizontal stabilizer identification plate to determine if any affected horizontal stabilizer is installed, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015. Affected horizontal stabilizers are identified in the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015.

    (2) If, during any action required by paragraph (g)(1)(i) or (g)(1)(ii) of this AD, any affected horizontal stabilizer is found: Except as specified in paragraph (h)(1) of this AD, within the compliance time identified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, do a high frequency eddy current (HFEC) inspection for any crack of the horizontal stabilizer rear spar upper chord and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, except as required by paragraph (h)(2) of this AD. Repeat the inspection thereafter at intervals identified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015.

    (h) Exceptions to the Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (2) If any cracking is found during any inspection required by this AD, and Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD.

    (i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a horizontal stabilizer on any airplane, except as specified in paragraphs (i)(1) and (i)(2) of this AD.

    (1) A horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, and no affected serial number is found.

    (2) A horizontal stabilizer may be installed if the part is inspected in accordance with “Part 2: Horizontal Stabilizer Identification Plate Inspection” of the Accomplishments Instructions of Boeing Alert Service Bulletin 737-55A1097, dated July 1, 2015, and an affected serial number is found, provided the actions specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD are done, as applicable.

    (i) An initial HFEC inspection specified in paragraph (g)(2) of this AD is done before further flight and thereafter repetitive HFEC inspections specified in paragraph (g)(2) of this AD are done within the compliance times specified in paragraph (g)(2) of this AD.

    (ii) All applicable corrective actions are done before further flight as required by paragraph (h)(2) of this AD.

    (j) 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 (k) 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 the 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) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled 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 RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (k) Related Information

    (1) For more information about this AD, contact Jason Deutschman, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6595; fax: 425-917-6590; email: [email protected]

    (2) 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.

    Issued in Renton, Washington, on November 20, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-30223 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6537; Directorate Identifier 2014-NM-154-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A318, A319, A320, and A321 series airplanes. This proposed AD was prompted by reports of cracking of the aft fixed fairing (AFF) of the pylons due to fatigue damage of the structure. This proposed AD would require repetitive inspections for damage and cracking of the AFF of the pylons, and repair if necessary. We are proposing this AD to detect and correct damage and cracking of the AFF of the pylons, which could result in detachment of a pylon and consequent reduced structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by January 14, 2016.

    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 service information identified in this proposed AD, contact Airbus, Airworthiness Office—EAS, 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. 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-2015-6537; 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 Operations 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-2015-6537; Directorate Identifier 2014-NM-154-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

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0154, dated July 2, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

    On aeroplanes equipped with post-mod 33844 CFM pylons, several operators have reported cracks on the Aft Fixed Fairing (AFF). After material analysis, it appears that the pylon AFF structure, especially on this configuration, is subject to fatigue constraint damage which could lead to pylon AFF cracks.

    Further to these findings, Airbus released Alert Operators Transmission (AOT) A54N002-12 which provides instructions to inspect the pylon AFF, applicable only to aeroplanes incorporating Airbus production mod 33844 on CFM pylons. More recently, Airbus issued Service Bulletin (SB) A320-54-1027, superseding AOT A54N002-12.

    This condition, if not detected and corrected, could lead to detachment of a pylon AFF from the aeroplane, possibly resulting in injuries to persons on the ground.

    For the reasons described above, this [EASA] AD requires repetitive detailed inspections (DET) of the pylon AFF and, depending on findings, accomplishment of applicable corrective action(s).

    Since the MCAI was issued, EASA has clarified that the detachment of a pylon AFF from the airplane could result in damage to the airplane; such damage could result in reduced structural integrity of the airplane.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2015-6537.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-54-1027, dated April 10, 2014. This service information describes procedures for inspections for damage and cracking of the AFF of the pylons, and repair if necessary. 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 NPRM.

    FAA's Determination and Requirements of This Proposed AD

    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 the same type design.

    Explanation of “RC” Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the Airworthiness Directive 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 service information, procedures and tests that are identified as RC in any service information 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 an airworthy condition. Any substitutions or changes to procedures or tests identified as RC will require approval of an AMOC.

    Costs of Compliance

    We estimate that this proposed AD affects 69 airplanes of U.S. registry.

    We also estimate that it would take about 4 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $23,460, or $340 per product.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD.

    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 adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2015-6537; Directorate Identifier 2014-NM-154-AD. (a) Comments Due Date

    We must receive comments by January 14, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A318-111 and -112 airplanes; Model A319-111, -112, -113, -114, and -115 airplanes; Model A320-211, -212, -214, and -215 airplanes; and Model A321-111, -112, -211, -212, and -213 airplanes; certificated in any category; all manufacturer serial numbers on which Airbus Modification 33844 has been embodied in production.

    (d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/pylons.

    (e) Reason

    This AD was prompted by reports of cracking of the aft fixed fairing (AFF) of the pylons due to fatigue damage of the structure. We are issuing this AD to detect and correct damage and cracking of the AFF of the pylons, which could result in detachment of a pylon and consequent reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections

    At the later of times specified in paragraphs (g)(1) and (g)(2), or (g)(1) and (g)(3), of this AD, as applicable: Do a detailed inspection for damage and cracking of the AFF of the pylons, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-54-1027, dated April 10, 2014. Repeat the inspection thereafter at intervals not to exceed 2,500 flight cycles or 3,750 flight hours, whichever occurs first.

    (1) For all airplanes: Before exceeding 5,000 flight cycles or 7,500 flight hours, whichever occurs first since the airplane's first flight.

    (2) For airplanes on which the inspection specified in Airbus All Operators Transmission (AOT) A54N002-12 has been done as of the effective date of this AD: Within 2,500 flight cycles or 3,750 flight hours, since the most recent accomplishment of maintenance planning document (MPD) Task ZL 371-01, or since doing the most recent inspection specified in Airbus AOT A54N002-12, whichever occurs first.

    (3) For airplanes on which the inspection specified in Airbus AOT A54N002-12 has not been done as of the effective date of this AD: Within 750 flight cycles or 1,500 flight hours after the effective date of this AD, whichever occurs first.

    (h) Repair

    If any crack is found during any inspection required by paragraph (g) of this AD; before further flight, repair in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-54-1027, dated April 10, 2014. Accomplishment of this repair does not terminate the repetitive inspections required by paragraph (g) of this AD.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, 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) 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 the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Required for Compliance (RC): If any 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 an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0154, dated July 2, 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-2015-6537.

    (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 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. 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 November 20, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-30218 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6538; Directorate Identifier 2015-NM-031-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the bulkhead is subject to widespread fatigue damage (WFD). This proposed AD would require repetitive inspections of the aft pressure bulkhead web for any cracking, incorrectly drilled fastener holes, and elongated fastener holes, and related investigative and corrective actions if necessary. We are proposing this AD to detect and correct fatigue cracking of the aft pressure bulkhead web at the “Y”-chord, which could result in reduced structural integrity of the airplane and rapid decompression of the fuselage.

    DATES:

    We must receive comments on this proposed AD by January 14, 2016.

    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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this proposed 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-2015-6538.

    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-2015-6538; 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 (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Alan Pohl, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-917-6450; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-6538; Directorate Identifier 2015-NM-031-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 because of 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

    Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site-damage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as widespread fatigue damage (WFD). As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention.

    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved.

    The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions.

    In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes.

    We have received an evaluation by the design approval holder (DAH) indicating that the aft pressure bulkhead is subject to WFD. Cracks have been reported in the aft pressure bulkhead web at the web-to-“Y”-chord interface and have occurred in the aft row of fasteners connecting the aft pressure bulkhead web to the “Y”-chord. This condition, if not corrected, could result in fatigue cracking of the aft pressure bulkhead web at the “Y”-chord, which could result in reduced structural integrity of the airplane and rapid decompression of the fuselage.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015. This service information describes, among other actions, procedures for repetitive inspections of the aft pressure bulkhead web for any cracking, incorrectly drilled fastener holes, and elongated fastener holes; and related investigative and corrective actions. 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.

    FAA's Determination

    We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.” Refer to this service information for details on the procedures and compliance times.

    The phrase “related investigative actions” is used in this proposed AD. “Related investigative actions” are follow-on actions that (1) are related to the primary action, and (2) further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections.

    The phrase “corrective actions” is used in this proposed AD. “Corrective actions” correct or address any condition found. Corrective actions in an AD could include, for example, repairs.

    Differences Between This Proposed AD and the Service Information

    AD 2012-18-13 R1, Amendment 39-17429 (78 FR 27020, May 9, 2013), refers to Boeing Alert Service Bulletin 737-53A1214, Revision 4, dated December 16, 2011, as an appropriate source of service information for doing certain actions required by that AD. Since AD 2012-18-13 R1 was issued, Boeing issued Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, to address WFD by adding new inspections specified in tables 9, 10, and 11 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015. Boeing determined that the WFD-based inspections specified in tables 9, 10, and 11 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, affect only Group 2 airplanes because Group 1 airplanes will reach their limit of validity before the compliance times specified in tables 9, 10, and 11 (Group 1 is for airplanes having line numbers 1 through 2565; Group 2 is for airplanes having line numbers 2566 through 3132).

    Therefore, although Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, is effective for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, this proposed AD applies to only certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes (i.e., Group 2 airplanes). This difference is due to the fact that this proposed AD only addresses the new WFD inspections specified in Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015.

    Accomplishing the actions required by paragraphs (g) and (h) of this proposed AD would terminate the inspections required by paragraphs (k) and (l) of AD 2012-18-13 R1, Amendment 39-17429 (78 FR 27020, May 9, 2013).

    The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways:

    • In accordance with a method that we approve; or

    • Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings.

    Costs of Compliance

    We estimate that this proposed AD affects 122 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspections of the web at the “Y”-chord Up to 60 work-hours × $85 per hour = Up to $5,100 per inspection cycle $0 Up to $5,100 per inspection cycle Up to $622,200
  • per inspection cycle.
  • We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD.

    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 adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2015-6538; Directorate Identifier 2015-NM-031-AD. (a) Comments Due Date

    We must receive comments by January 14, 2016.

    (b) Affected ADs

    This AD affects AD 2012-18-13 R1, Amendment 39-17429 (78 FR 27020, May 9, 2013).

    (c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category, identified as Group 2 in Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval holder indicating that the aft pressure bulkhead is subject to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking of the aft pressure bulkhead web at the “Y”-chord, which could result in reduced structural integrity of the airplane and rapid decompression of the fuselage.

    (f) Compliance

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

    (g) Repetitive Inspections of the Aft Pressure Bulkhead Web at the “Y”-Chord Upper Bulkhead

    At the applicable time specified in tables 9 and 10 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015: Do detailed and low frequency eddy current (LFEC) inspections from the aft side of the aft pressure bulkhead web, or do detailed and high frequency eddy current (HFEC) inspections from the forward side of the aft pressure bulkhead web, for any cracking, incorrectly drilled fastener hole, and elongated fastener hole, and do all applicable related investigative and corrective actions, in accordance with Part I of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, except as required by paragraph (i) of this AD. Do all related investigative and corrective actions before further flight. If any cracking, incorrectly drilled fastener hole, or elongated fastener hole is found, before further flight, repair the web using a method approved in accordance with the procedures specified in paragraph (l) of this AD. Thereafter, repeat the inspections at the applicable times specified in tables 9 and 10 of paragraph 1.E., “Compliance” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015.

    (h) Repetitive Inspections of the Aft Pressure Bulkhead Web at the “Y”-Chord Below S-15

    At the applicable time specified in table 11 of 1.E., “Compliance” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015: Do detailed and eddy current inspections of the web from the forward or aft side of the bulkhead for any cracking, incorrectly drilled fastener hole, and elongated fastener hole, and do all applicable corrective actions, in accordance with Part III of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, except as required by paragraph (i) of this AD. Do all corrective actions before further flight. If any cracking, incorrectly drilled fastener hole, or elongated fastener hole is found, before further flight, repair the web using a method approved in accordance with the procedures specified in paragraph (l) of this AD. Thereafter, repeat the inspections at the applicable times specified in table 11 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015.

    (i) Exception to the Service Information

    Where Boeing Alert Service Bulletin 737-53A1214, Revision 5, dated January 30, 2015, specifies to contact Boeing for repair instructions: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph (l) of this AD.

    (j) Terminating Action for Other Rulemaking

    Accomplishing the actions required by paragraphs (g) and (h) of this AD terminates the inspections required by paragraphs (k) and (l) of AD 2012-18-13 R1, Amendment 39-17429 (78 FR 27020, May 9, 2013).

    (k) Credit for Previous Actions

    This paragraph provides credit for the actions required by paragraphs (g) and (h) of this AD, if the actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737-53A1214, Revision 4, dated December 16, 2011, which is not incorporated by reference in this AD.

    (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 the 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 airplane, and the approval must specifically refer to this AD.

    (m) Related Information

    (1) For more information about this AD, contact Alan Pohl, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-917-6450; fax: 425-917-6590; email: [email protected]

    (2) 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.

    Issued in Renton, Washington, on November 20, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2015-30217 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-4006; Airspace Docket No. 15-ANE-3] Proposed Amendment of Class E Airspace; West Dover, VT AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E Airspace at West Dover, VT as the Mt. Snow Non-Directional Beacon (NDB) has been decommissioned, requiring airspace redesign at Deerfield Valley Regional Airport. This action would enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would recognize the airport's name change.

    DATES:

    Comments must be received on or before January 14, 2016.

    ADDRESSES:

    Send comments on this rule to: U. S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Bldg Ground Floor Rm W12-140, Washington, DC 20590-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2015-4006; Airspace Docket No. 15-ANE-3, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC, 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

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

    Comments Invited

    Interested persons are invited to comment on this rule by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2015-4006; Airspace Docket No. 15-ANE-3) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-4006; Airspace Docket No. 15-ANE-3.” The postcard will be date/time stamped and returned to the commenter.

    All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded from and comments submitted through http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays at the office of the Eastern Service Center, Federal Aviation Administration, room 350, 1701 Columbia Avenue, College Park, Georgia 30337.

    Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory circular No. 11-2A, Notice of Proposed Rulemaking distribution System, which describes the application procedure.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to amend Class E airspace extending upward from 700 feet above the surface at Deerfield Valley Regional Airport, West Dover, VT. Airspace reconfiguration to within an 11-mile radius of the airport is necessary due to the decommissioning of the Mt. Snow NDB, and cancelation of the NDB approach, and for continued safety and management of IFR operations at the airport. This action would also recognize the airport's name change from Mt. Snow Airport to Deerfield Valley Regional Airport.

    Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ANE VT E5 West Dover, VT [Amended] Deerfield Valley Regional Airport, VT (Lat. 42°55'58”N., long. 71°26'09”W.)

    That airspace extending upward from 700 feet above the surface with an11-mile radius of Deerfield Valley regional Airport.

    Issued in College Park, Georgia, on November 17, 2015. Ryan W. Almasy, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2015-30184 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3967; Airspace Docket No. 15-ASW-12] Proposed Establishment of Class E Airspace; Clinton, AR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace at Clinton, AR. Controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures developed at Clinton Municipal Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before January 14, 2016.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, telephone (202) 366-9826. You must identify the docket number FAA-2015-3967; Airspace Docket No. 15-ASW-12, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-8783. The order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_offederal-regulations/ibr_locations.html.

    FAA order 7400.9, Airspace Designations and Reporting Points is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817-222-5857.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

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

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2015-3967/Airspace Docket No. 15-ASW-12.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.9Z, airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by establishing Class E airspace extending upward from 700 feet above the surface within a 6.0-mile radius of Clinton Municipal Airport, Clinton, AR, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

    Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR Part 71 as follows:

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ASW LA E5 Clinton, LA [New] Clinton Municipal Airport, LA (Lat. 35°35′52″ N., long. 092°27′06″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of Clinton Municipal Airport.

    Issued in Fort Worth, TX, on November 18, 2015. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2015-30188 Filed 11-27-15; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 201, 801, and 1100 [Docket No. FDA-2015-N-2002] RIN 0910-AH19 Clarification of When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices, or Combination Products; Amendments to Regulations Regarding “Intended Uses”; Reopening of the Comment Period AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of proposed rulemaking; reopening of the comment period.

    SUMMARY:

    The Food and Drug Administration (FDA) is reopening the comment period for the notice of proposed rulemaking (NPRM) that appeared in the Federal Register of September 25, 2015. In the NPRM, FDA requested comments on the proposed regulation that describes the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug, device, or a combination product under the Federal Food, Drug, and Cosmetic Act (the FD&C Act). The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

    DATES:

    The comment period for the proposed rule published on September 25, 2015 (80 FR 57756) is extended. Submit either electronic or written comments by December 30, 2015.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-N-2002 for this rulemaking. Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, 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:

    Bryant Godfrey or Darin Achilles, Office of Regulations, Center for Tobacco Products, Food and Drug Administration, 10903 New Hampshire Ave, Silver Spring, MD 20993-0002, 877-287-1373, [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of September 25, 2015 (80 FR 57756), FDA proposed a regulation that describes the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug, device, or a combination product under the FD&C Act. Interested persons were originally given until November 24, 2015, to comment on the NPRM.

    The Agency has received a request for a 45-day extension of the comment period for the NPRM. The request conveyed concern that the current 60-day comment period does not allow sufficient time to develop a meaningful or thoughtful response to the NPRM.

    FDA has considered the request and is reopening the comment period for the NPRM for 30 days, until December 30, 2015. The Agency believes that reopening the comment period for an additional 30 days allows adequate time for interested persons to submit comments without significantly delaying rulemaking on these important issues.

    Dated: November 23, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-30271 Filed 11-27-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 60 [Docket No FR-5888-P-02] Federal Policy for the Protection of Human Subjects, Extension of Public Comment Period AGENCY:

    Office of the General Counsel, HUD.

    ACTION:

    Extension of public comment period.

    SUMMARY:

    Through this notice, HUD is extending the public comment period on its proposed rule pertaining to Federal Policy for the Protection of Human Subjects, published in the Federal Register on October 1, 2015.

    DATES:

    Comment Due Date: The comment due date of December 7, 2015, for the proposed rule published on October 1, 2015, at 80 FR 59092, is extended to January 6, 2016.

    ADDRESSES:

    You may submit comments, identified by docket ID number HHS-OPHS-2015-0008, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Enter the above docket ID number in the “Enter Keyword or ID” field and click on “Search.” On the next Web page, click on “Submit a Comment” action and follow the instructions.

    Mail/Hand delivery/Courier [For paper, disk, or CD-ROM submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852.

    Comments received, including any personal information, will be posted without change to www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Barry L. Steffen, Policy Development Division, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street SW., Room 8114, Washington, DC 20410-8000, telephone 202-402-5926. (This is not a toll-free number.) Persons with hearing- or speech-impairments may access this number through TTY number by calling the Federal Relay Service number at 800-877-8339 (this is a toll-free number).

    SUPPLEMENTARY INFORMATION: I. Background

    On October 1, 2015, at 80 FR 59092, HUD published a proposed rule in the Federal Register on Federal Policy for the Protection of Human Subjects. HUD's proposed rule adopted the policy on the protection of human subjects set forth in a proposed rule issued by the Department of Health and Human Services and 15 other Federal Departments and Agencies and published on September 8, 2015, at 80 FR 53933. Through the September 8, 2015, and October 1, 2015, rules, the Federal Departments and Agencies proposed revisions to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 199, and sought comment on the proposed revisions through December 7, 2015.

    Since the proposed rules were published in September and October, respectively, requests have been made to extend the public comment period to allow time to more thoroughly review the proposed revisions offered for comment by the Federal Departments and Agencies. The Department of Health and Human Services and the 15 other Federal Department Agencies have extended the time to submit public comments on the September 8, 2015, proposed rule to January 6, 2016, and HUD extends its public comment period for its October 1, 2015, proposed rule to this same date—January 6, 2016.

    Dated: November 24, 2015. Camille E. Acevedo, Associate General Counsel for Legislation and Regulations.
    [FR Doc. 2015-30317 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF JUSTICE 28 CFR Part 58 [Docket No. EOUST 105] RIN 1105-AB30 Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11 AGENCY:

    Executive Office for United States Trustees (“EOUST”), Justice.

    ACTION:

    Notice of public hearing; reopening of comment period.

    SUMMARY:

    On November 10, 2014, the Department of Justice, through its component, the EOUST, published its notice of proposed rulemaking (“NPRM”), Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed under Chapter 11 of Title 11 (“Periodic Reports”). In order to accommodate requests by certain commenters to meet with representatives of the EOUST to discuss the NPRM, and to provide an opportunity for interested persons to express their views directly to EOUST officials, the EOUST will hold a public hearing on the NPRM. In conjunction with the public hearing, the EOUST has reopened the comment period and will accept supplemental comments from those who submitted comments during the initial comment period and new comments from those who did not.

    DATES:

    1. Public Hearing: The public hearing will be held on Wednesday, February 17, 2016, from 10:00 a.m. to 1:00 p.m., Eastern Time.

    2. Deadline for Comments: Comments on the NPRM must be submitted on or before Monday, February 22, 2016.

    ADDRESSES:

    1. Location of Public Hearing: The public hearing will be held at the EOUST's Executive Conference Center, 441 G Street NW., Sixth Floor, Washington, DC 20530 (the GAO Building).

    2. Submission of Comments: The comments may be submitted via one of the following methods:

    (a) Mail or Hand Delivery/Courier. EOUST, 441 G Street NW., Suite 6150, Washington, DC 20530, attention: Carrie Weinfeld. Comments received by mail will be considered timely if they are postmarked on or before Monday, February 22, 2016, and deliveries by courier should be received by EOUST by 5:00 p.m. Eastern Time on Monday, February 22, 2016; or

    (b) Federal eRulemaking Portal. Please follow the instructions for submitting comments located on the Federal eRulemaking Portal at www.regulations.gov. Comments will be accepted through the Federal eRulemaking Portal until 11:59 p.m. Eastern Time on Monday, February 22, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Carrie Weinfeld, (202) 307-1399 (this is not a toll free number), or [email protected]

    SUPPLEMENTARY INFORMATION: NPRM, Periodic Reports, and Public Comments

    1. NPRM and Periodic Reports: The NPRM and the proposed forms for the Periodic Reports are available online at www.justice.gov/ust/rules-and-federal-register-notices and also at www.regulations.gov.

    2. Public Comments: The initial comment period for the NPRM closed on January 9, 2015. Comments received as of January 9, 2015, are available online at www.regulations.gov.

    Public Hearing

    1. EOUST Panel: A panel of representatives from the EOUST will preside at the public hearing.

    2. Attendance and Security: The public hearing will be open to the public, with attendance limited to the available space. Timely registration is required to ensure adequate seating, but attendance is not guaranteed until registration is confirmed by the EOUST. Attendees may begin arriving at 9:00 a.m. Eastern Time and should allow a minimum of 15 minutes to clear security and be escorted to the public hearing room before 10:00 a.m. Eastern Time. All those attending the public hearing must timely register; present government-issued photo identification (such as a valid driver's license); and enter the building through the visitor's entrance at 441 G Street NW., between 4th and 5th Streets.

    3. Registration: To register for the public hearing, send an email to [email protected] on or before January 6, 2016. The email must include the participant's name, address, and phone number. Participants who need special assistance, such as sign language interpretation or other reasonable accommodations, should also include this information in the email. In addition, participants who intend to make an oral presentation must so state in the email. The EOUST will send an email confirming registration.

    4. Written Statement: Participants who register to make an oral presentation must, on or before January 6, 2016, either submit a written statement or state that they intend to rely on their public comment(s) submitted on or before that date. Organizations should designate no more than one individual to speak on behalf of the organization.

    5. Oral Presentation: Oral presentations will be limited to five (5) minutes and should summarize the participant's written statement or submitted comment(s). Participants who register to make oral presentations should be prepared to respond orally to questions from the EOUST Panel. Participants who register to make oral presentations will be informed prior to the public hearing of the order of the presentation.

    Public Inspection of the Record and Protecting Personally Identifiable Information

    1. Public Inspection: The public hearing will be transcribed. The transcript, all written statements, and all public comments will be made available for public inspection online at www.regulations.gov. The public hearing transcript will also be posted on the EOUST's Web site.. As part of the process to finalize the NPRM, the EOUST will review and analyze all public comments, written statements, and the transcript of the public hearing. The final rule will be published in the Federal Register, along with the EOUST's analysis of the public comments, written statements, and the transcript of the public hearing.

    2. Personally Identifiable Information: All comments will be publicly posted; therefore, you should submit only information that you wish to make publicly available. If you wish to submit personally identifiable information as part of your comment, you must include in the first paragraph the phrase “PERSONALLY IDENTIFIABLE INFORMATION.” You must also prominently identify all personally identifiable information to be redacted within the comment. If you wish to submit confidential business information as part of your comment or statement, you must include in the first paragraph the phrase “CONFIDENTIAL BUSINESS INFORMATION.” You must also prominently identify all confidential business information to be redacted within the comment. If a comment has so much personally identifiable information or confidential business information redacted that it cannot be reviewed effectively after redaction, all or part of that comment may not be posted or considered in the EOUST's analysis.

    Dated: November 20, 2015. Clifford J. White III, Director, Executive Office for United States Trustees.
    [FR Doc. 2015-30294 Filed 11-27-15; 8:45 am] BILLING CODE 4410-40-P
    DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Part 75 [Docket No. MSHA-2014-0019] RIN 1219-AB78 Proximity Detection Systems for Mobile Machines in Underground Mines AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Proposed rule; extension of comment period.

    SUMMARY:

    In response to a request, the Mine Safety and Health Administration (MSHA) is extending the comment period on the Agency's proposed rule on Proximity Detection Systems for Mobile Machines in Underground Mines. This extension gives stakeholders additional time to evaluate the comments and testimony received thus far and provide meaningful input.

    DATES:

    The comment period for the proposed rule published on September 2, 2015 (80 FR 53070), is extended. Comments must be received or postmarked by midnight Eastern Standard Time on December 15, 2015.

    ADDRESSES:

    Submit comments and informational materials, identified by RIN 1219-AB78 or Docket No. MSHA-2014-0019, by one of the following methods:

    Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.

    E-Mail: [email protected]. Include RIN 1219-AB78 or Docket No. MSHA-2014-0019 in the subject line of the message.

    Mail: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202-5452.

    Fax: 202-693-9441.

    Hand Delivery or Courier: MSHA, 201 12th Street South, Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal holidays. Sign in at the receptionist's desk on the 4th Floor East.

    Instructions: All submissions must include RIN 1219-AB78 or Docket No. MSHA-2014-0019. Do not include personal information that you do not want publicly disclosed; MSHA will post all comments without change to http://www.regulations.gov and http://www.msha.gov/currentcomments.asp, including any personal information provided.

    Docket: For access to the docket to read comments received, go to http://www.regulations.gov or http://www.msha.gov/currentcomments.asp. To read background documents, go to http://www.regulations.gov. Review the docket in person at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202-5452, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal Holidays. Sign in at the receptionist's desk on the 4th Floor East.

    Email Notification: To subscribe to receive an email notification when MSHA publishes rules in the Federal Register, go to http://www.msha.gov.

    FOR FURTHER INFORMATION CONTACT:

    Sheila A. McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).

    SUPPLEMENTARY INFORMATION:

    On September 2, 2015 (80 FR 53070), MSHA published a proposed rule that would require underground coal mine operators to equip coal hauling machines and scoops with proximity detection systems. Miners working near these machines face pinning, crushing, and striking hazards that result in accidents involving life threatening injuries and death. MSHA believes that the use of proximity detection systems would reduce the potential for these pinning, crushing, or striking accidents.

    On September 28, 2015 (80 FR 58229), MSHA published a document announcing the dates and locations for four public hearings on the proposed rule. The hearings were held in October 2015. MSHA posted the comments received and the hearing transcripts on the Agency's Web site, and on http://www.regulations.gov. The comment period was scheduled to close on December 1, 2015.

    On November 18, 2015, MSHA received a request to extend the comment period an additional two weeks to provide more time for interested parties to comment. In response to this request, MSHA is extending the comment period from December 1, 2015, to December 15, 2015.

    Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health.
    [FR Doc. 2015-30181 Filed 11-25-15; 11:15 am] BILLING CODE 4520-43-P
    DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 216 Request for Information (RFI) Regarding Involving the Public in the Formulation of Forest Service Directives AGENCY:

    Forest Service, USDA.

    ACTION:

    Request for Information.

    SUMMARY:

    The Department of Agriculture (USDA), Forest Service, Business Operations, Office of Regulatory and Management Services (ORMS) is preparing to revise a portion of the Code of Federal Regulations (CFR) governing public participation requirements and procedures related to the issuance or revision of internal Agency directives. The Forest Service is committed to ensuring that a broad and representative cross-section of the interested public is provided advance notice and a full and fair opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs. In keeping with this commitment, the Agency is interested in enhancing its public engagement and expanding its approach for public notice and comment beyond just formal rulemaking. The Agency has identified a need to update the relevant regulations to reflect the varied media consumption patterns of key Forest Service stakeholders and the public at large. These potential regulatory revisions are also necessary to ensure that written policies align with the Agency's current practices, which have changed to ensure compliance with recent court orders.

    The Agency is hosting a webinar for all interested members of the general public to inform the public of these changes to the Forest Service's public participation procedures. This session will include additional information on the need for these changes and the outcomes the Agency is seeking to achieve. It will also include an outline of a potential path forward and provide attendees an opportunity to ask questions, provide input, and suggest ideas.

    DATES:

    A webinar will be held for interested members of the general public on Tuesday, December 15, 2015, from 1:00-2:30 p.m. Eastern Standard Time/10:00-11:30 a.m. Pacific Standard Time.

    ADDRESSES:

    The webinar will be held via Adobe Connect web conferencing software. To access the presentation, enter the following URL into any Flash-enabled web browser: https://usfs.adobeconnect.com/orms/. Audio-only access is available toll-free by calling (888) 844-9904 and entering the following access code: 4909819.

    FOR FURTHER INFORMATION CONTACT:

    Earnest Rawles, Acting Assistant Director, Office of Regulatory and Management Services—Directives and Regulations Branch (202) 205-2601, [email protected] Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at (800) 877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of this RFI is to inform the public, gather feedback on potential future strategies for notifying the public, and obtaining comments prior to making any amendments to the Forest Service Directive System. Information obtained in response to this RFI may be used by the Forest Service for program planning and development, or for other purposes. Note that information shared by the Forest Service in conjunction with this RFI may or may not be used to inform or issue further policy.

    Background: The Forest Service is bound by the Forest and Rangeland Renewable Resources Planning Act of 1974, as modified by the National Forest Management Act of 1976, “to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest Service programs” (16 U.S.C. 1612(a)). Many of these standards, criteria, and guidelines are contained in the Forest Service Directive System, which is used to implement existing laws and regulations. The Forest Service Directive System contains the Agency's policies, practices, and procedures and serves as the primary basis for the internal management and control of programs and administrative direction to Agency employees. The Forest Service Manual contains legal authorities, objectives, policies, responsibilities, and guidance needed on a continuing basis by Agency line officers and primary staff to plan and execute programs and activities. The Forest Service Handbook is the principal source of specialized guidance and instruction for carrying out the policies, objectives, and responsibilities contained in the Forest Service Manual. The directives for all Agency programs are available on the Agency Web site (www.fs.fed.us).

    Currently, the Forest Service uses the process set forth in the Administrative Procedure Act (APA) (5 U.S.C. 553) to notify the public of, and obtain comments on, changes to the Forest Service Directive System. This entails publication of notice in the Federal Register and solicitation of comments through Regulations.gov. This process was established and is primarily used to facilitate public participation in the promulgation of rules in the CFR. The Forest Service will continue to exclusively use the APA process to involve the public in rulemaking. The Agency is seeking to expand options for involving interested parties in the formulation of directives to be more responsive and accessible to the public.

    Dated: November 23, 2015. Lenise Lago, Deputy Chief of Business Operations, U. S. Forest Service.
    [FR Doc. 2015-30347 Filed 11-27-15; 8:45 am] BILLING CODE 3411-15-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2016-3; Order No. 2836] Periodic Reporting AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Commission is noticing a recent filing requesting that the Commission initiate an informal rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Twelve). This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: December 4, 2015. Reply Comments are due: December 9, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Summary of Proposals III. Initial Commission Action IV. Ordering Paragraphs I. Introduction

    On November 20, 2015, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting that the Commission initiate an informal rulemaking proceeding to consider changes to analytical principles relating to the Postal Service's periodic reports.1 Proposal Twelve is attached to the Petition and identifies the proposed analytical method change that relates to the treatment of costs for vehicles used on city carrier letter routes within various cost components of the Cost and Revenue Analysis (CRA) report. Id. The Postal Service concurrently filed two library references, along with an application for non-public treatment for one.2

    1 Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Twelve), November 20, 2015, at 1 (Petition).

    2 Notice of Filing of USPS-RM2016-3/1, USPS-RM2016-3/NP1, and Application for Nonpublic Treatment, November 20, 2015 (Notice). Library Reference USPS-RM2016-3/1 contains workbooks displaying the calculation and cost impacts of implementing the proposed methodology. Library Reference USPS-RM2016-3/NP1 contains supporting non-public material. The Notice incorporates by reference the Application for Non-Public Treatment of Materials contained in Attachment Two to the December 29, 2014, United States Postal Service Fiscal Year 2014 Annual Compliance Report. Notice at 1. See 39 CFR part 3007 for information on access to non-public material.

    II. Summary of Proposal

    The Postal Service requests this rulemaking to re-align certain calculations within the CRA report to be consistent with the methodology approved by the Commission in Proposal Thirteen.3 Petition at 1. Acknowledging that the Postal Service will soon submit the FY 2015 Annual Compliance Report, the Postal Service emphasizes that immediate consideration of Proposal Twelve is necessary to avoid a mismatch between the current methodology for the treatment of ancillary vehicle cost matters and the framework approved in Proposal Thirteen. Id. at 1-2. Under Proposal Twelve, the Postal Service proposes two methodological changes: Attribution of city carrier letter route vehicle costs and calculation of office and street proportions that are used in the calculation of costs relating to city carrier labor. Petition, Proposal Twelve at 1.

    3 Docket No. RM2015-7, Order No. 2792, Order Approving Analytical Principles Used in Periodic Reporting (Proposal Thirteen), October 29, 2015.

    A. Attributing City Carrier Letter Route Vehicle Costs

    The Postal Service proposes to change the methodology for attributing costs relating to vehicles used on city carrier letter routes, including Motor Vehicle Service (MVS) Labor in Cost Segment 12.1, MVS Supplies and Materials in Cost Segment 12.2, and Vehicle Depreciation in Cost Segment 20. Id.

    Current methodology: The Postal Service explains that currently city carrier letter route vehicle costs are divided into two pools: Delivery Activities and Network Travel for motorized letter routes. Id. at 2. The Postal Service reports that “[i]n FY 2014, these respective proportions were approximately 42 and 58 percent.” Id. The Postal Service states that the current methodology multiplies each cost pool by the appropriate variability to determine attributable costs and that these “attributable costs are assigned to products in the same proportions as Cost Segment 7 letter route Delivery Activities costs.” Id.

    Proposed Methodology: Building upon the new methodology approved by the Commission in Proposal Thirteen for the treatment of labor costs on city delivery letter routes, the Postal Service proposes to “calculate the attributable vehicle costs by multiplying the letter route vehicle costs by the new overall letter route street variability” and to assign the attributable costs to products using the proportions based on all letter route street costs. Id. The Postal Service represents that Proposal Twelve would also change the component structure of the CRA for Cost Segments 12 and 20. Id. at 4. Specifically, in Cost Segment 12, the Network Travel components 86 and 95 would be removed and components 83 and 92, currently named Delivery Activities, would be renamed City Delivery Letter Routes. Id. In Cost Segment 20, components 222 and 225 for Delivery Activities and Network Travel would be removed. Id. Component 223 would be established as City Delivery Special Purpose Routes (SPR) to assign SPR vehicle depreciation costs. Id. Finally, component 221 would be reactivated and named City Delivery Letter Routes. Id.

    Rationale: The Postal Service represents that Proposal Twelve would align the calculation of vehicle use costs with the new street time methodology. Id. at 5. The Postal Service claims that this treatment of city carrier vehicle costs is consistent with the long-standing practice of linking the treatment with the direct labor that uses these vehicles. Id. The Postal Service asserts that the “proposed methodology for vehicle use cost[s] recognizes that letter route carriers use their vehicles throughout their time on the street, while delivering mail, traversing the route, and while traveling to and from the route.” Id.

    Impact: The Postal Service anticipates that under Proposal Twelve higher proportions of MVS Labor, MVS Supplies, and Vehicle Depreciation costs for city carriers will be attributed to products. Id. The Postal Service states that currently “Network Travel is not attributed and letter route Delivery Activities costs has a variability of 43 percent, which results in a combined variability of 18 percent.” Id. Under Proposal Twelve, the Postal Service represents that “the city carrier letter route costs for MVS Labor, MVS Supplies, and Vehicle Depreciation costs are attributed in the same proportion as all letter route street activities in Cost Segment 7, which results in an attribution level of 36 percent.” Id. at 5-6. For FY 2014, the Postal Service projects that Proposal Twelve would increase attributable costs by $185 million. Id. at 6. The Postal Service illustrates the cost impact by product for Proposal Twelve in Table 1. Id. at 7.

    B. Calculating Office and Street Proportions

    The Postal Service proposes a minor change to the methodology for calculating office and street proportions that are used in the calculation of costs relating to city carrier labor for Vehicle Hire in Cost Segment 12.3 and Carfare and Driveout in Cost Segment 13.2. Id. at 1.

    Current methodology: The Postal Service explains that it currently “develops office and street proportions for foot and motorized routes using [In-Office Cost System] IOCS office costs by route type and street costs by delivery mode.” Id. at 2.

    Proposed Methodology: Building upon the new methodology approved by the Commission in Proposal Thirteen, the Postal Service proposes to develop office and street proportions for foot and motorized routes using Delivery Operations Information System workhours. Id. The Postal Service would also use city carrier costs for Delivery Activities and Network Travel to further divide the street proportions among these components. Id. at 4.

    Rationale: The Postal Service claims that “Proposal Twelve would also align the calculation of office and street proportions with the new street time methodology.” Id. at 5.

    Impact: The Postal Service illustrates the change in office and street proportions for Proposal Twelve in Table 2. Id. at 8.

    III. Initial Commission Action

    The Commission establishes Docket No. RM2016-3 for consideration of matters raised by the Petition. Additional information concerning the Petition may be accessed via the Commission's Web site at http://www.prc.gov. Interested persons may submit comments on the Petition and Proposal Twelve no later than December 4, 2015. Reply comments are due no later than December 9, 2015. Pursuant to 39 U.S.C. 505, Jennaca D. Upperman is designated as officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    IV. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. RM2016-3 for consideration of the matters raised by the Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Twelve), filed November 20, 2015.

    2. Comments are due no later than December 4, 2015. Reply comments are due no later than December 9, 2015.

    3. Pursuant to 39 U.S.C. 505, the Commission appoints Jennaca D. Upperman to serve as officer of the Commission (Public Representative) to represent the interests of the general public in this docket.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2015-30319 Filed 11-27-15; 8:45 am] BILLING CODE 7710-FW-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 0, 1, 2 and 15 [ET Docket No. 13-44; Report No. 3030] Petitions for Reconsideration of Action in Rulemaking Proceeding AGENCY:

    Federal Communications Commission.

    ACTION:

    Petitions for reconsideration.

    SUMMARY:

    Petitions for Reconsideration (Petitions) have been filed in the Commission's rulemaking proceeding by: Chuck Powers, on behalf of Motorola Solutions, Inc., and Brian Scarpelli, on behalf of Telecommunications Industry Association.

    DATES:

    Oppositions to the Petitions must be filed on or before December 15, 2015. Replies to an opposition must be filed on or before December 28, 2015.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Brian Butler, Office of Engineering and Technology Bureau, (202) 418-2702, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of Commission's document, Report No. 3030, released October 22, 2015. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554 or may be accessed online via the Commission's Electronic Comment Filing System at http://apps.fcc.gov/ecfs/. The Commission will not send a copy of this Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Notice does not have an impact on any rules of particular applicability.

    Subject: Amendment of Parts 0, 1, 2, and 15 of the Commission's Rules regarding Authorization of Radiofrequency Equipment; Amendment of Part 68 regarding Approval of Terminal Equipment by Telecommunications Certification Bodies, published at 80 FR 33425, June 12, 2015, in ET Docket No. 13-44; RM-11652, FCC 14-208. This Notice is published pursuant to 47 CFR 1.429(e) of the Commission's rules. See also 47 CFR 1.4(b)(1).

    Number of Petitions Filed: 2.

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2015-30238 Filed 11-27-15; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 195 [Docket No. PHMSA-2015-0173] Pipeline Safety: Notice of Gas Pipeline Advisory Committee Meeting AGENCY:

    Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

    ACTION:

    Notice of gas pipeline advisory committee meeting.

    SUMMARY:

    This document announces a public meeting of the Gas Pipeline Advisory Committee (GPAC). The committee will meet to consider and vote on the proposed rule, “Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences” published in the Federal Register on July 15, 2015.

    DATES:

    The meeting will be held on Thursday, December 17, 2015, from 1:00 p.m. to 4:00 p.m. EST.

    ADDRESSES:

    The public may attend the meeting at the U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. Please register for the meeting or contact the individual listed under FOR FURTHER INFORMATION CONTACT by December 1, 2015.

    The GPAC will take part in the meeting by telephone conference call. Attendees should register in advance at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=108 and indicate whether you will attend in person or by telephone. PHMSA will post the call-in information and room number on the meeting page and on the PHMSA, Pipeline Safety Advisory Committee Web page: http://www.phmsa.dot.gov/pipeline/regs/technical-advisory-commmeeting about 15 days before the meeting takes place.

    Comments on the meeting may be submitted to the docket in the following ways:

    E-Gov Web site: http://www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency.

    Fax: 1-202-493-2251.

    Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 20590-001.

    Hand Delivery: Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal Holidays.

    Instructions: Identify the docket numbers, PHMSA-2011-0009 and PHMSA-2015-0173 at the beginning of your comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You should know that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, you may want to review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or view the Privacy Notice at http://www.regulations.gov before submitting any such comments.

    Docket: For access to the docket or to read background documents or comments, go to http://www.regulations.gov at any time or to Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

    If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on PHMSA-2011-0009 and PHMSA 2015-0173.” The Docket Clerk will date-stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider an alternative method (Internet, fax, or professional delivery service) of submitting comments to the docket and ensuring their timely receipt at DOT.

    Privacy Act Statement

    Anyone may search the electronic form of all comments received for any of our dockets. You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000, (70 FR 19477) or visit http://dms.dot.gov.

    Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with disabilities, or to seek special assistance at the meeting, please contact Cheryl Whetsel at 202-366-4431 by December 1, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For information about the meetings, contact Cheryl Whetsel by phone at 202-366-4431 or by email at [email protected] or for technical contents about the proposed rule contact Mike Israni by phone at 202-366-4595 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Meeting Details

    Members of the public may attend and make a statement during the advisory committee meetings. For a better chance to speak at the meetings, please contact the individual listed under FOR FURTHER INFORMATION CONTACT by December 1, 2015.

    II. Committee Background

    The GPAC is a statutorily mandated committee that advises PHMSA on proposed safety standards, risks assessments, and safety policies for natural gas pipelines. The committee falls under the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 1) and is mandated by the pipeline safety law (49 U.S.C. Chap. 601). The committee consists of 15 members—with membership evenly divided among the federal and state government, the regulated industry, and the public. The committee advises PHMSA on technical feasibility, practicability, and cost-effectiveness of each proposed pipeline safety standard. PHMSA staff may also provide an update on several regulatory and policy initiatives if time allows.

    III. Preliminary Agenda

    The agenda will include the committee's discussion and vote on the proposed rule, “Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences” published in the Federal Register on July 15, 2015 (80 FR 41460) and on the associated regulatory analysis and environmental assessment.

    The NPRM proposes to expand requirements for the use of excess flow valves beyond certain single-family homes to include additional homes and small commercial natural gas customers. Further, the NPRM proposes that manual service line shut-off valves (e.g., curb valves) be installed on new or replaced service lines servicing customers that use large quantities of natural gas, such as industrial facilities. Excess flow valves or curb valves are used in natural gas distribution pipelines to restrict the flow of gas if a line is broken or damaged, limiting the impact of a leak or explosion.” An informational presentation on EFVs was given to the advisory committee at a meeting held on August 26, 2015. The presentation (day 2, agenda item 8b) may be found on the Web site: http://www.phmsa.dot.gov/pipeline/regs/technical-advisory-comm/meeting/august-25-and-26-2015-joint-meeting-gas-and-liquid.

    Issued in Washington, DC, on November 23, 2015, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Deputy Associate Administrator for Policy and Programs.
    [FR Doc. 2015-30208 Filed 11-27-15; 8:45 am] BILLING CODE 4910-60-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 151029999-5999-01] RIN 0648-BF50 Control Date for Trawl Groundfish Fisheries in the Aleutian Islands AGENCY:

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

    ACTION:

    Advance notice of proposed rulemaking (ANPR); control date.

    SUMMARY:

    At the request of the North Pacific Fishery Management Council (Council), this document announces a control date of December 31, 2015, that may be used as a reference date for a future management action to limit future access to the offshore sector of the trawl groundfish fisheries in the Aleutian Islands. This date corresponds to the end of the 2015 fishing season in these fisheries. In October 2015, the Council announced its intent to evaluate participation and effort in the offshore sector of the trawl groundfish fisheries in the Aleutian Islands fisheries in response to a public request to consider further limits on access to the fisheries. This document is intended to promote awareness of possible rulemaking and provide notice to the public that any participation in the offshore sector of the trawl groundfish fisheries in the Aleutian Islands after the control date may not ensure continued access to those fisheries under a future management action. This document is also intended to discourage speculative entry into the fisheries while the Council considers whether and how access to the fisheries may be further limited under a future management action.

    DATES:

    December 31, 2015, shall be known as the control date for the offshore sector of the trawl groundfish fisheries in the Aleutian Islands and may be used as a reference date for participation in a future management action that is consistent with the Council's objectives and applicable Federal laws.

    ADDRESSES:

    Please consult the Council's Web site at http://www.npfmc.org/ for information on public participation in the Council's decision-making process.

    FOR FURTHER INFORMATION CONTACT:

    Rachel Baker: 907-586-7228 or [email protected]

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fisheries in the U.S. exclusive economic zone (EEZ) of the Bering Sea and Aleutian Islands (BSAI) under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The Council prepared, and NMFS approved, the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 679.

    This advance notice of proposed rulemaking would apply to owners and operators of vessels that participate in Federal groundfish fisheries with trawl gear in the Aleutian Islands subarea (AI). The AI is defined at § 679.2 and shown in Figure 1 to 50 CFR part 679. Vessels that participate in the AI trawl groundfish fisheries harvest Pacific cod, Atka mackerel, and Pacific Ocean perch.

    Vessels that participate in the offshore sector of the AI trawl groundfish fisheries include catcher vessels, catcher/processors, and motherships. Catcher vessels participate in the offshore sector by delivering groundfish to catcher/processors or motherships for processing. Catcher/processors participate in the offshore sector by catching and processing groundfish or by receiving and processing deliveries of groundfish from catcher vessels. Motherships participate in the offshore sector by receiving and processing deliveries of groundfish from catcher vessels. This advance notice of proposed rulemaking would not apply to owners and operators of trawl catcher vessels that participate in the inshore sector of the BSAI trawl groundfish fisheries (i.e., vessels that deliver groundfish to shoreside processors rather than to catcher/processors or motherships).

    The Council and NMFS annually establish biological thresholds and annual total allowable catch limits for groundfish species to sustainably manage the groundfish fisheries in the AI. To achieve these objectives, NMFS requires vessel operators participating in AI groundfish fisheries to comply with various regulatory restrictions, such as fishery closures, to maintain catch within specified total allowable catch limits.

    The Council and NMFS have long sought to control fishing effort in the North Pacific Ocean to ensure that fisheries are conservatively managed and do not exceed established biological thresholds. One of the measures used by the Council and NMFS is the license limitation program (LLP), which limits access to the groundfish, crab, and scallop fisheries in the BSAI and the Gulf of Alaska. The LLP is intended to limit entry into federally managed fisheries. For groundfish, the LLP requires that persons hold and assign a license to each vessel that is used to fish in federally managed fisheries, with some limited exemptions. The preamble to the final rule implementing the groundfish LLP provides a more detailed explanation of the rationale for specific provisions in the LLP (October 1, 1998; 63 FR 52642).

    In October 2015, the Council received public testimony from participants in the offshore sector of the AI trawl groundfish fisheries. These participants indicated that new vessels have entered the fisheries in recent years. The testimony indicated that this new entry may negatively impact the ability of historical participants to maintain groundfish harvests in the AI. After considering this public testimony, the Council stated its intent to evaluate methods for further limiting access to the offshore sector of the AI trawl groundfish fisheries in a future management action. To dampen the effect of speculative entry into the offshore sector of the AI trawl groundfish fisheries in anticipation of potential future action to limit access to the fisheries, the Council announced a control date of December 31, 2015. The control date may be used as a reference date for a future management action to further limit access to the offshore sector of the AI trawl groundfish fisheries. The Council clarified that the control date would not obligate the Council to use this control date in any future management action. Further, the control date would not obligate the Council to take any action or prevent the Council from selecting another control date. Accordingly, this document is intended to promote awareness that the Council may develop a future management action to achieve its objectives for the offshore sector of the AI trawl groundfish fisheries; to provide notice to the public that any current or future access to the offshore sector of the AI trawl groundfish fisheries may be affected or restricted; and to discourage speculative participation and behavior in the fisheries while the Council considers whether to initiate a management action to further limit access to the fisheries. Any measures the Council considers may require changes to the FMP. Such measures may be adopted in a future amendment to the FMP, which would include opportunity for further public participation and comment.

    NMFS encourages public participation in the Council's consideration of a management action to further limit access to the offshore sector of the AI trawl groundfish fisheries. Please consult the Council's Web site at http://www.npfmc.org/ for information on public participation in the Council's decision-making process.

    This notification and control date do not impose any legal obligations, requirements, or expectations.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 24, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-30302 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
    80 229 Monday, November 30, 2015 Notices DEPARTMENT OF AGRICULTURE Food and Nutrition Service Announcement of Competition under the America COMPETES, Reauthorization Act of 2010 AGENCY:

    Food and Nutrition Service (FNS), USDA.

    ACTION:

    Notice of prize competition

    SUMMARY:

    The goal of the prize competition (also described as “the hackathon”) is to produce an open source electronic school meal application that States and school districts can adapt for their own use. FNS hopes to develop a prototype that incorporates the best ideas from the innovation community at large. The application will contain a minimum FNS-defined package of design features that target applicant error and reduce applicant burden. FNS looks to innovators in design, human behavior, and software development to build upon these goals and give life to a model application that is visually appealing, easy to use, fast and efficient, and technically sound.

    Prize Competition Sponsor: The prize competition is being sponsored by the United States Department of Agriculture (USDA) Food and Nutrition Service (FNS), 3101 Park Center Drive, Alexandria, VA 22302. The Contest Sponsor, and only the Contest Sponsor, makes all decisions related to the development, management, and implementation of the Contest.

    Prize Competition Administrator: Devpost, Inc. (“Devpost”), 433 W. 14th Street, #3F, New York, NY 10014, will be administering the prize competition. The Administrator will be the official timekeeper for the prize competition.

    Dates and Timing

    Prize Competition Submission Period: December 1, 2015 (10:00 a.m. Eastern Time)-March 1, 2016 (5:00 p.m. Eastern Time) (the “Hackathon Submission Period”)

    Judging Period: March 16, 2016 (10:00 a.m. Eastern Time)—March 25, 2016 (5:00 p.m. Eastern Time) (the “Judging Period”)

    Public Voting Period: March 16, 2016 (10:00 a.m. Eastern Time)—March 25, 2016 (5:00 p.m. Eastern Time) (the “Public Voting Period”)

    Winner Announcement Date: On or around March 31, 2016 (2:00 p.m. Eastern Time)

    FOR FURTHER INFORMATION CONTACT:

    Edward Harper, Director, Office of Program Integrity, Food and Nutrition Service, USDA. (703) 305-2340.

    SUPPLEMENTARY INFORMATION: NAME: E.A.T. School Lunch UX Challenge

    Tagline: Electronic Application Transformation—Create a model electronic application for the National School Lunch Program and help millions of American students access school meals.

    Background

    An overwhelming majority of America's school children—roughly 50 million elementary and secondary school students—attend institutions that participate in the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). Most consume school meals on a regular basis. In total, about 100,000 schools and institutions serve more than 5 billion meals through NSLP and 2 billion via the SBP to America's children each school year. Traditionally, households have applied for free or reduced price meal benefits by submitting paper or online applications through their local schools. Millions of these applications are filed every year and as of 2014, nearly 10 million low income children were certified by application for these benefits. However, due to issues with reporting, calculating, and processing, many applications contain errors that result in incorrect eligibility decisions for children.

    FNS currently offers a prototype paper application on its Web site, and thousands of school districts have adopted or modified that application for their own use. Many districts also offer online applications, but FNS does not have an electronic prototype for them to use as a model. FNS recognizes that a well-designed electronic application holds promise as a tool to both facilitate access to program benefits and reduce certification error. Electronic applications have the potential to reduce applicant error by providing prompts and feedback to the user during the application process. For example, an electronic application can be designed to:

    • Guide applicants through a process that prompts for all includable income types,

    • Alert applicants to missing information, and

    • Prompt applicants to confirm the accuracy of a final monthly income total.

    The agency believes that inviting ideas from a broad community of design experts and programmers may be the best way to develop the most effective final product. Through this challenge, FNS hopes to develop a prototype that incorporates the best ideas from the innovation community at large. The challenge model gives the agency access to the talents of individuals that we are unlikely to reach through the traditional contracting process.

    Summary of How To Enter and Judging Criteria Eligibility—Who can participate?

    • Individuals who are at least 18 years of age or older, and who are citizens or permanent residents of the United States, at the time of entry (“Eligible Individuals”).

    • Teams of Eligible Individuals (“Teams”).

    • Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that exist and have been organized or incorporated at the time of entry, are domiciled in the United States, and employ no more than 50 people (“Small Organizations”).

    • Organizations (including corporations, not-for-profit corporations and other nonprofit organizations, limited liability companies, partnerships, and other legal entities) that employ more than 50 people and are domiciled in the United States (“Large Organizations”). Please note, however, that Large Organizations will only be eligible to win the Large Organization Recognition Award, which carries no monetary value. Large Organizations will not be eligible to receive any other prize in connection with this Hackathon.

    (The above are collectively, “Makers.”)

    An individual may join more than one Team, Small Organization, or Large Organization and an Eligible Individual who is part of a Team, Small Organization, or Large Organization may also enter the Hackathon on an individual basis.

    If a Team, Small Organization, or Large Organization is entering the Hackathon, they must appoint and authorize one Eligible Individual (the “Representative”) to represent, act, and enter a Submission, on their behalf. The Representative must meet the eligibility requirements above for Eligible Individuals. By entering a Submission on the Hackathon Web site on behalf of a Team, Small Organization, or Large Organization, you represent and warrant that you are the Representative authorized to act on behalf of your Team, Small Organization, or Large Organization.

    The Prize Competition IS NOT Open To

    • Individuals who are residents of, or organizations domiciled in, a country, state, province or territory outside of the United States.

    • Organizations involved with the design, production, paid promotion, execution, or distribution of the Hackathon, including USDA and Devpost (“Promotion Entities”).

    • Employees, representatives and agents** of such organizations, and all members of their immediate family or household.*

    • Any other individual involved with the design, production, promotion, execution, or distribution of the Hackathon, and each member of their immediate family or household.*

    • Any Judge (defined below); any company or individual that employs a Judge; or any company for whom a Judge serves as an officer, director, or agent.

    • Any parent company, subsidiary, or other affiliate*** of any organization described above.

    • Any individual, teams of individuals, or organizations that have a familial or financial relationship with any judge.

    • Any Federal entity or Federal employee acting within the scope of their employment, or as may otherwise be prohibited by Federal law (employees should consult their agency ethics officials).

    • Any individual, Team, Small Organization, or Large Organization that used Federal facilities or consulted with Federal employees to develop their Submission (as defined below), unless the facilities and employees were made available to all Makers participating in the Hackathon on an equitable basis.

    • Any individual, Team, Small Organization, or Large Organization that used Federal funds to develop their Submission, unless such use is consistent with the grant award, or other applicable Federal funds awarding document. If a grantee using Federal funds enters and wins this Hackathon, the prize monies will need to be treated as program income for purposes of the original grant in accordance with applicable Office of Management and Budget Circulars. Federal contractors may not use Federal funds from a contract to develop a Submission for this Hackathon.

    • Any other individual or organization whose participation in the Hackathon would create, in the sole discretion of the Sponsor and/or Administrator, a real or apparent conflict of interest.

    * The members of an individual's immediate family include the individual's spouse, children and stepchildren, parents and stepparents, and siblings and stepsiblings. The members of an individual's household include any other person that shares the same residence as the individual for at least three (3) months out of the year.

    ** Agents include individuals or organizations that in creating a Submission to the Hackathon, are acting on behalf of, and at the direction of, a Promotion Entity through a contractual or similar relationship.

    *** An affiliate is: (a) an organization that is under common control, sharing a common majority or controlling owner, or common management; or (b) an organization that has a substantial ownership in, or is substantially owned by the other organization.

    Additional Prize specific eligibility requirements for students are stated below under Prize Specific Eligibility Requirements.

    Submission Requirements A. How to Enter

    Makers must do the following to participate in the Hackathon:

    (1) Registration: Register for the Hackathon on the Hackathon Web site by clicking the “Register for this hackathon” button. To complete registration, sign up to create a Devpost account, or log in with an existing Devpost account. There is no charge for creating a Devpost account. Registration will enable you to receive important updates and access the “Enter a Submission” page.

    (2) Submission:

    • Web-based Form: Build a functioning, web-based form that runs in a desktop web browser, and collects data required for the National School Lunch Program application, while improving applicant user experience and reducing applicant errors (each a “Web-based Form”). The Web-based Form refers both to the design elements of the form (the user interface) as well as the underlying program code. Your Web-based Form must:

    ○ Include and collect required fields necessary for application consideration by local school districts. A list of the required fields can be found below in Section 4C, and on the Resources & Requirements page of the Hackathon Web site Makers should include all required fields, however, the Sponsor may, at their discretion, deem a Web-based Form eligible, if it includes a substantial majority of the required fields.

    ○ Be open-sourced and provided under MIT license.

    ○ Include a way to capture, save, and export the completed Web-based Form responses.

    ○ Include user interface question prompting, to assist with form completion.

    • Demonstration Video: Create a demonstration video walking through the main features of the Web-based Form via a step-by-step visual demonstration of the user flow involved in completing the form. The video should speak to how the Maker's design of the Web-based Form improves the user experience for applicants and reduces error.

    • Additional Submission Requirements: Complete and enter all of the required fields on the “Enter a Submission” page of the Hackathon Web site (each a “Submission”) during the Hackathon Submission Period. Required fields include:

    ○ Uploaded image(s) of the Web-based Form design

    ○ A text description of the Web-based Form including the Maker's approach to the design and user experience

    ○ A link to the working Web-based Form

    ○ A link to an open source code repository (on Github or Bitbucket, for example)

    • Follow the additional requirements described below.

    B. Language Requirements

    All Submission materials must be in English or, if not in English, the Maker must provide an English translation of the demonstration video, text description, and testing instructions as well as all other materials submitted.

    C. Additional Web-based Form Requirements & Recommendations

    (1) Functionality: The Web-based Form must be capable of running consistently on the web, and must function as depicted in the demonstration video and/or expressed in the text description.

    (2) Platform: A submitted Web-based Form must be hosted on the web and must run on a desktop web browser.

    (3) Required Fields: A Maker's Web-based Form should prompt users for the following (Please visit the Resources and Requirements pages of the Hackathon Web site for background and context on the School Lunch Program application requirements):

    • A list of the names (first, middle initial, last) of all household members, both children (students and non-students) and adults.

    • Place to indicate each child's status as foster, homeless, migrant or runaway, as applicable

    • Income and frequency for each household member.

    • The last four digits of the social security number of the adult household member

    • If the adult member signing the application does not possess a social security number, the household must be able to indicate so.

    • Prompted to enter or confirm the total number of household members.

    • Field for a case number for Assistance Programs (SNAP, TANF, FDPIR).

    • Electronic signature by an adult member of the household (signatures do not need to be government certified for the purpose of this competition).

    • The date the application was signed.

    • Address, phone number and email address (and an indication that these fields are optional).

    • City, state and zip code

    • All required statements (ex. USDA Non-Discrimination Statement, Use of Information Statement, Attesting Statement, and Children's Racial & Ethnic Identities Question).

    (4) User Testing: Makers should demonstrate that user testing of their Web-based Form was completed and feedback was provided. To do so, Makers may utilize and complete the sample user-testing questionnaire to describe testing provided on the Hackathon Web site, or may address user testing in the demonstration video. While user testing is not required for eligibility, Makers are strongly encouraged to conduct user testing to improve the user experience of their Web-based Form. Submissions will be evaluated on the extent to which user testing was conducted, as set forth below in the Judging section.

    (5) Testing: The Maker must make their working Web-based Form available online; make it open source under MIT license; and provide it free of charge, and without any restriction, for testing, evaluation and use by the Sponsor, Administrator and judges during the Hackathon and for 90 days following the Winner Announcement Date. Makers will be required to provide a link for accessing the Web-based Form on the “Testing Instructions” field on the Enter a Submission form.

    (6) Multiple Submissions: A Maker may submit more than one Submission; however, each Submission must be unique and substantially different from any other Submission entered by the Maker. Whether a Maker's multiple Submissions are unique will be determined at the discretion of the Sponsor and/or the Administrator.

    (7) Third Party Tools: Web-based Forms may integrate third party technologies, tools, database solutions, APIs, and libraries provided the Maker is authorized to use them and the use of such third party tools is consistent with making the Web-based Form open source under MIT license.

    (8) Intellectual Property: Your Submission (including all design elements, functionality, and program code) must: (a) Be your (or your Team, Small Organization, or Large Organization's) original work product; (b) be solely owned by you, your Team, your Small Organization, or your Large Organization with no other person or entity having any right or interest in it; (c) not violate the intellectual property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity; and (d) be publicly available and open source under MIT license. A Maker may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Maker's work product and the result of the Maker's ideas and creativity, and the Maker owns all rights to them. A Maker may submit a Submission that includes the use of open source software, provided the Maker complies with applicable open source licenses and, as part of the Submission, creates software that enhances and builds upon the features and functionality included in the underlying open source product. By entering the Hackathon you represent, warrant, and agree that your Submission meets these requirements.

    (9) Financial or Preferential Support: A Submission must not have been developed, or derived from work developed, with financial or preferential support from the Sponsor or Administrator. Such Submissions include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Sponsor or Administrator any time prior to the end of Hackathon Submission Period. The Sponsor, at their sole discretion, may disqualify a Submission, if awarding a prize to the Submission would create a real or apparent conflict of interest.

    D. Text Description, Image, and Video Requirements

    (1) Text Description: The text description should explain the features and functionality of your Web-based Form and how the design improves user experience for applicants and reduces error.

    (2) Images: The image(s) should be photographs or screenshots of your working Web-based Form.

    (3) Video: The video portion of the Submission:

    (a) Should be less than five (5) minutes;

    (b) Must include footage that clearly explains the Web-based Form's features and functionality through a comprehensive, step by step demonstration;

    (c) Should address how the design improves user experience for applicants and reduces error;

    (d) Must be uploaded to YouTube.com or Vimeo.com, and a link to the video must be provided on the submission form on the Hackathon Web site; and

    (e) Must not include third party trademarks, or copyrighted music or other material unless the Maker has permission to use such material.

    Submission Rights

    A. Maker Rights: The Maker will be credited with their work on the Submission on the Hackathon Web site, but will make the Web-based Form available open source, under MIT license.

    B. Sponsor Rights: By entering the Hackathon, you grant to the Sponsor, Administrator, and any other third parties Sponsor, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes, but is not limited to, posting or linking to the Submission on Sponsor's, or Administrator's, and partners' Web sites and applications, including the Hackathon Web site, and display and promotion of the Submission in any other media, worldwide.

    C. Submission Display: The following Submission components may be displayed to the public: Name, description, images, video URL, Web site URL (open source repo), and Team members. Other Submission materials may be viewed by the Sponsor, Administrator, and Judges for screening and evaluation.

    D. Third Party Rights: By entering the Hackathon, you grant free and unlimited use of all design elements, functionality, and program code by all parties, public and private including for-profit commercial entities. This includes use or modification of your submission by any party in the development of an application for use by, or for sale to, any school or school district that participates in the National School Lunch Program or the School Breakfast Program.

    E. Makers represent and warrant that the Sponsor, Administrator, and Hackathon partners are free to use Makers' Submission in the manner described above, as provided or as modified by Administrator, without obtaining permission or license from any third party and without any compensation to Makers.

    Judging

    A. Judges: Eligible Submissions will be evaluated by a panel of judges selected by the Sponsor (the “Judges”). Judges may be employees of the Sponsor or external, may or may not be listed individually on the Hackathon Web site, and may change before or during the Judging Period. Judging may take place in one or more rounds with one or more panels of Judges, at the discretion of the Sponsor.

    B. Criteria: The Judges will score eligible Submissions using the following, equally weighted criteria (the “Judging Criteria”):

    (1) UX and Design Appeal (Includes the degree to which the design reinvents the user experience of the form—focusing on usability, intuitiveness, and design appeal.)

    (2) Effectiveness & Efficiency of Behavioral Prompts (Does the design keep the user engaged through user prompts? Does the design guide the applicants through all required fields and reduce mistakes?)

    (3) Implementation of Form Requirements (Includes the extent to which the design adheres to the set of form and field requirements presented.)

    (4) Application Code Documentation & Implementation (Includes the completeness and efficiency of the application documentation and code.)

    (5) Demonstration of Testing and Debugging (Includes the extent to which user testing and debugging was performed and demonstrated within the submission.)

    The Judging Criteria above may not apply to every Prize. See the Prizes section below for the Judging Criteria that apply for each Prize. The Maker(s) that are eligible for a Prize, and whose Submissions earn the highest overall scores based on the applicable Judging Criteria, will become potential winners of that Prize.

    C. Submission Review: JUDGES ARE NOT REQUIRED TO TEST THE APPLICATION AND MAY CHOOSE TO JUDGE BASED SOLELY ON THE TEXT DESCRIPTION, IMAGES AND VIDEO PROVIDED IN THE SUBMISSION.

    D. Tie Breaker: For each Prize listed below, if two or more Submissions are tied, the tied Submission with the highest score in the first applicable criterion listed above will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the tied Submissions' scores on the next applicable criterion. If two or more Submissions are tied on all applicable criteria, the panel of Judges will vote on the tied Submissions.

    Prizes Winner Prize Quantity Eligible makers Applicable judging criteria First Prize US$20,000 1 All except Large Organizations i, ii, iii, iv, v. Second Prize US$10,000 1 All except Large Organizations i, ii, iii, iv, v. Third Prize US$5,000 1 All except Large Organizations i, ii, iii, iv, v. Honorable Mention US$2,000 5 All except Large Organizations i, ii, iii, iv, v. Student Award US$1,000 1 Students (see Section on prize eligibility requirements below) i, ii, iii, iv, v. Best Creative Design Aesthetic US$1,000 1 All except Large Organizations Bonus prize awarded to the Submission with the highest score on Judging Criterion (i) “UX and Design Appeal”. Best Technical Implementation US$1,000 1 All except Large Organizations Submission with the highest combined score on Judging Criteria (iii) “Implementation of Form Requirements” and (iv) “Application Code Documentation & Implementation”. Best Behavioral Element US$1,000 1 All except Large Organizations Submission with the highest score on Judging Criterion (ii) “Effectiveness & Efficiency of Behavioral Prompts”. Popular Choice Award US$1,000 1 All except Large Organizations Determined by public voting **. Large Organization Recognition Award Recognition only 1 Only Large Organizations i, ii, iii, iv, v. ** Please review the Devpost Terms of Service at http://Devpost.com/terms for voting rules. Prize Specific Eligibility Requirements Best Student App Eligibility Requirements

    In addition to the requirements in the Eligibility Section, Makers (including all members, if a Team submission) must:

    • Be currently enrolled in at least nine credits or three courses, or the equivalent at the time of entry (or must have been enrolled in such credits or courses within the past three months); OR

    • Have graduated in the three months prior to the date of entry from either a secondary school or functional equivalent, or an accredited post-secondary institution (e.g., university, community college, technical college).

    Verification of Potential Winners

    A. Verification Requirement: THE AWARD OF A PRIZE TO A POTENTIAL WINNER IS SUBJECT TO VERIFICATION OF THE IDENTITY, QUALIFICATIONS AND ROLE OF THE POTENTIAL WINNER IN THE CREATION OF THE SUBMISSION. The final decision to designate a winner shall be made by the Sponsor and/or Administrator.

    B. Required Forms: Potential winners will be notified using the email address associated with the Devpost account used to enter the Submission (the submitter is the “Representative” in the case of a Team, Small Organization, or Large Organization). In order to receive a Prize, the potential winner (including all participating team members in the case of a Team, Small Organization, or Large Organization) will be required to sign and return to the Sponsor or Administrator, affidavit(s) of eligibility (or a similar verification document) and liability/publicity release(s), and any applicable tax forms (“Required Forms”).

    Deadline for Returning Required Forms: Ten (10) business days after the Required Forms are sent.

    C. Disqualification: The Sponsor and/or Administrator may deem a potential winner (or participating Team members) ineligible to win if:

    (1) The potential winner's Representative or any participating member does not respond to multiple emails or fails to sign and return the Required Forms by the deadline listed above, or responds and rejects the Prize;

    (2) The Prize or Prize notification is returned as undeliverable; or

    (3) The Submission or the potential winner, or any member of a potential winner's Team, Small Organization, or Large Organization, is disqualified for any other reason.

    In the event of a disqualification, the Sponsor and/or Administrator may award the applicable Prize to an alternate potential winner.

    Prize Distribution

    A. Substitutions & Changes: The Sponsor has the right to make a Prize substitution of equivalent or greater value. The Sponsor will not award a Prize if there are no eligible Submissions entered in the Hackathon, or if there are no eligible Makers or Submissions for a specific Prize.

    B. Prize Delivery: A monetary Prize will be mailed to the winning Maker's address (if an individual) or the Representative's address (if a Team or Small Organization) after receipt of the Required Forms. Prizes will be payable to the Maker, if an individual, to the Maker's Representative, if a Team, or to the Small Organization, if the Maker is a Small Organization. It will be the responsibility of the winning Maker's Representative to allocate the Prize among their Team or Small Organization's participating members, as the Representative deems appropriate.

    C. Prize Delivery Timeframe: Within 45 days of the Sponsor or Administrator's receipt of the Required Forms

    D. Fees & Taxes: Winners (and in the case of Team or Small Organization, all participating members) are responsible for any fees associated with receiving or using a prize, including but not limited to, wiring fees. Winners (and in the case of Team or Small Organization, all participating members) are responsible for reporting and paying all applicable taxes in their jurisdiction of residence (federal, state/provincial/territorial and local). Winners may be required to provide certain information to facilitate receipt of the award; including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9. THE SPONSOR, ADMINISTRATOR, AND/OR PRIZE PROVIDER RESERVE THE RIGHT TO WITHHOLD A PORTION OF THE PRIZE AMOUNT TO COMPLY WITH THE TAX LAWS OF THE UNITED STATES.

    Entry Conditions and Release

    A. By entering the Hackathon, you (and, if you are entering on behalf of a Team or Small Organization, each participating members) agree(s) to the following:

    (1) The relationship between you, the Maker, and the Sponsor and Administrator, is not a confidential, fiduciary, or other special relationship.

    (2) You will be bound by and comply with these Official Rules and the decisions of the Sponsor, Administrator, and/or the Hackathon Judges which are binding and final in all matters relating to the Hackathon.

    (3) You release, indemnify, defend and hold harmless the Sponsor, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Hackathon, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Maker's entry, creation of Submission or entry of a Submission, participation in the Hackathon, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.

    B. Without limiting the foregoing, the Released Parties shall have no liability in connection with:

    (1) Any incorrect or inaccurate information, whether caused by the Sponsor or Administrator's electronic or printing error, or by any of the equipment or programming associated with or utilized in the Hackathon;

    (2) Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Hackathon Web site;

    (3) Unauthorized human intervention in any part of the entry process or the Hackathon;

    (4) Technical or human error which may occur in the administration of the Hackathon or the processing of Submissions; or

    (5) Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Maker's participation in the Hackathon or receipt or use or misuse of any Prize.

    The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Makers. Proof of sending or submitting will not be deemed to be proof of receipt by the Sponsor or Administrator.

    If for any reason any Maker's Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Maker's sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the Maker knows or should have known there was a problem, and will be determined at the sole discretion of the Sponsor.

    Publicity

    By participating in the Hackathon you consent to the use of personal information about you, if you are a winner, by the Sponsor, Administrator, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes.

    This consent applies, as applicable, to all members a Maker's Team or Small Organization or Large Organization that participated in the winning Submission.

    General Conditions

    A. Sponsor and Administrator reserve the right, in their sole discretion, to cancel, suspend and/or modify the Hackathon, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.

    B. Sponsor and Administrator reserve the right in their sole discretion to disqualify any individual or Maker it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the Hackathon or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Hackathon, or a violation of any applicable law or regulation.

    C. Any attempt by any person to undermine the proper conduct of the Hackathon may be a violation of criminal and civil law. Should Sponsor or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a Maker to cooperate with an investigation and referral to criminal and civil law enforcement authorities.

    D. If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Hackathon materials, including but not limited to the Hackathon Submission form, Hackathon Web site, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.

    E. The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the Maker, the Sponsor and the Administrator. The Sponsor and Administrator will post the terms and conditions of the amended Official Rules on the Hackathon Web site. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.

    F. If at any time prior to the deadline, a Maker or prospective Maker believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.

    G. The Sponsor or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a Maker, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor's intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

    H. Excluding Submissions, all intellectual property related to this Hackathon, including but not limited to copyrighted material, trademarks, trade-names, logos, designs, promotional materials, Web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Sponsor and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of Sponsor or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.

    Limitations of Liability

    By entering, all Makers (including, in the case of a Team, Small Organization, or Large Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Maker's participation in the Hackathon. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.

    Disputes

    A. Makers agree that, to the fullest extent permitted by law:

    (1) Any and all disputes, claims and causes of action arising out of or connected with this Hackathon, or any Prizes awarded, other than those concerning the administration of the Hackathon or the determination of winners, shall be resolved individually, without resort to any form of class action;

    (2) Any and all disputes, claims and causes of action arising out of or connected with this Hackathon or any Prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court and Makers consent to the exclusive jurisdiction and venue of such courts; and

    (3) Under no circumstances will Makers be entitled to, and Makers hereby waives all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

    B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Makers and the Sponsor in connection with the Hackathon, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

    Additional Terms That Are Part of the Official Rules

    Please review the Devpost Terms of Service at http://devpost.com/terms for additional rules that apply to your participation in the Hackathon and more generally your use of the Hackathon Web site. Such Terms of Service are incorporated by reference into these Official Rules. If there is a conflict between the Terms of Service and these Official Rules, the latter terms shall control with respect to this Hackathon only.

    Participation in the Hackathon constitutes Maker's full and unconditional agreement to these Official Rules. By entering, a Maker agrees that all decisions related to the Hackathon that are made pursuant to these Official Rules are final and binding, and that all such decisions are at the sole discretion of the Sponsor and/or Administrator.

    Devpost collects personal information from you when you enter the Hackathon. The information collected is subject to the privacy policy located here: http://devpost.com/privacy.

    Contact

    If you have any questions or comment, or wish to send us any notice regarding this Hackathon, please email us at [email protected].

    Authority

    America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010, 15 U.S.C. 3719.

    Dated: November 23, 2015. Yvette S. Jackson, Acting Administrator, Food and Nutrition Service.
    [FR Doc. 2015-30313 Filed 11-27-15; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; 2016 National Survey of Children's Health AGENCY:

    U.S. Census Bureau, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the proposed 2016 National Survey of Children's Health, as required by the Paperwork Reduction Act of 1995.

    DATES:

    To ensure consideration, written comments must be submitted on or before January 29, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Jason Fields, U.S. Census Bureau, ADDP, HQ-7H153, 4600 Silver Hill Road, Washington, DC 20233-0001 (301-763-2465 or via the Internet at [email protected]).

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Sponsored by the U.S. Department of Health and Human Services' (HHS') Health Resources Services Administration's Maternal and Child Health Bureau (HRSA MCHB), the National Survey of Children's Health (NSCH) is designed to produce data on the physical and emotional health of American children under 18 years of age. The NSCH collects information on factors related to the well-being of children, including access to health care, in-home medical care, family interactions, parental health, school and after-school experiences, and neighborhood characteristics. In 2011-2012, the NSCH also collected information to assess parents' awareness of, experience with, and interest in enrolling in Medicaid and the State Children's Health Insurance Program (CHIP).

    The NSCH project plan divides the sample into two groups of respondents to facilitate mailout procedures. We also include plans to test incentive efficacy (the relative benefit for reducing survey non-response by providing $0, $2, $5 incentives as a token of appreciation), contact materials, and modifications to data collection strategies based on modeled information about internet access. Preliminary results from the NSCH pretest (administered from June-December 2015) were used to inform the decisions made regarding this first year 2016 NSCH production survey project plan. First, the amount of respondent incentives to gain cooperation and participation in the survey will be tested with the initial mailing. From the NSCH pretest, the results showed that there was no statistically significant difference in the response rates when respondents were provided $5 or $10 as incentives to complete the survey. The cost of incentives are balanced against the reduction in follow-up effort and cost required to collect the required data. With the results from the pretest failing to show a substantial benefit for the larger $10 incentive, smaller amounts will be evaluated during the 2016 NSCH. In the 2016 NSCH, sampled addresses will receive either a $2 or a $5 cash incentive or they will be part of the control group that does not receive a cash incentive.

    In addition to testing incentives and developing materials, the pretest also served as a platform to evaluate two options for the mode of data collection. The pretest included a mail only mode of data collection where respondents were mailed an advance letter, then a paper questionnaire to screen households with children into the survey and then a follow-up topical paper questionnaire to collect detailed information for only one of the children in the household. The second mode tested in the pretest was a self-administered internet/Web instrument. In this mode of data collection, the respondent was mailed an advance letter and then a letter inviting them to go to the Internet data collection portal for the Census Bureau and complete both the screener and topical sections through a single Web interview instrument. In the pretest, we observed a good Web response rate of over 70%. There are significant cost savings for Web data collection over paper data collection, and based on the pretest results, the decision was made to move to a data collection plan where Web is the primary data collection mode (Web push), and is followed by a mailing of paper screener and topical interviews (mail) for non-responding households. This “Web push + mail” data collection plan will be applied to the full sample, with alternative treatment paths to move either more quickly or more slowly to paper follow-up. The Web push + mail treatment is structured so that all households will first have the chance to complete the NSCH online, and only non-respondents or those who call in to request a hard copy will be mailed a paper questionnaire. Initially, all sampled households will receive a letter inviting them to complete the Web-based survey instrument.

    The second data collection strategy being tested is one where non-respondents will receive follow-up mailings strategically organized to target households who are more likely to have Web access (High-Web Group), and separately, those households who are less likely to have Web access (Low-Web Group). The High-Web Group will have additional attempts made to collect data using the online questionnaire before transitioning to paper follow-up, while the Low-Web Group will be mailed paper questionnaires after only the second Web invitation letter, in an attempt to acknowledge technological differences in respondent households, and expedite the collection of data from the full sample.

    Third, we will test different branding preferences for the survey materials. The initial mailing will utilize standard U.S. Census Bureau formats and be signed by the Director of the Census Bureau. During the first follow-up mailing, we will test the efficacy of mail materials that use letterhead/logos from the U.S. Census Bureau and from the Health Resources Services Administration's Maternal and Child Health Bureau (HRSA MCHB). Before the third or fourth follow-up mailings, we plan to determine which branding was more effective and should be used in the future.

    Finally, for respondents who experience technical problems with the Web instrument, have questions about the survey, or need other forms of assistance, the 2016 NSCH will have a telephone questionnaire assistance (TQA) line available. TQA staff will not only be able to answer respondent questions and concerns, but they will also have the ability to collect survey responses over the phone if the respondent calls in and would like to have interviewer assistance in completing the interview.

    Regardless of collection mode, the survey design for the 2016 NSCH focuses on first collecting information about the children in the household and basic special health care needs, and then selecting a child from the household for follow-up to collect additional detailed topical information. We estimate that of the original 416,000 selected households, our target response rate of 70 percent will yield approximately 292,000 responses to the screener. We then estimate that 40 percent of households from the first phase of the screener will receive a topical questionnaire, and 70 percent of these households will complete the topical questionnaire, resulting in approximately 82,000 completed topical interviews. A household could be selected for one of three age-based topical surveys: 0 to 5 year old children, 6 to 11 year old children, or 12 to 17 year old children.

    Census staff have developed a plan to select a production sample of approximately 416,000 households (addresses) from a Master Address File (MAF) based sampling frame, with split panels to test mode of administration (i.e., High-Web and Low-Web), contact material branding, and the use of cash incentives (i.e., treatments using $0, $2, or $5). From the pretest, we can expect a best-case overall response rate for the first-year production survey to be about 70 percent for the screener, and then 70 percent for the topical questionnaire.

    The goal of the first-year production survey is to provide HRSA MCHB with the necessary data to produce national and state-based estimates on the health and well-being of children, their families, and their communities as well as estimates of the prevalence and impact of children with special health care needs.

    II. Method of Collection Web Push + Mail Treatment Groups

    The production 2016 NSCH plan for a Web Push + Mail data collection design includes all 416,000 households receiving an initial invite with instructions on how to complete an English or Spanish language screening questionnaire via the Web. Those households who decide to complete the Web-based survey will be taken through the screening questionnaire to determine if they screen into one of the three topical instruments. If a household lists at least one child who is 0 to 17 years old in the screener, they will be directed into a topical questionnaire immediately after the last screener question. The Web Push + Mail production sample of 416,000 is broken out into three incentive groups: 104,000 household receiving no incentive, 104,000 households receiving a $2 incentive, and 208,000 households receiving a $5 incentive. No additional incentives are planned for subsequent follow-up reminders or paper questionnaire mailings Web Push + Mail treatment groups will not receive any additional incentives.

    Follow-Up Reminder Design and Branding Evaluation

    The NSCH historically was conducted in a partnership between the Health Services Resources Administration's Maternal and Child Health Bureau and the National Center for Health Statistics. As such, the survey information was sent to respondents under letterhead from the Department of Health and Human Services and the Centers for Disease Control and Prevention, with the Director of NCSH signing the letters to the respondent.

    In the 2016 NSCH, we will test alternative branding to the standard contact utilized for Census Bureau surveys, which includes Census Bureau letterhead and the Census Director's signature. The first follow-up mailing, sent to non-responding households approximately three-weeks after their initial invitation to respond to the survey by Web, will be split into two groups. The first group will be sent a reminder to participate with their Web login and password under standard Census Bureau letterhead. The second group will be sent their reminder under a HRSA MCHB letterhead. The differential success of these reminder treatments will be evaluated during data collection and the program plans to responsively tailor future non-response follow-up correspondence. These results will also inform the design of contact strategies for future administrations of the NSCH.

    Non-Response Follow-Up for the High-Web Group and Low-Web Group

    Households that do not respond to the initial request or first follow-up request to complete the Web-based survey will then fall into one of two non-response follow-up groups: The High-Web group or Low-Web group. The High-Web group will receive three additional Web survey invitation letters requesting their participation in the survey prior to receiving their first paper screener questionnaire in the fourth follow-up mailing. The Low-Web Group will receive only one additional Web survey invitation letter prior to receiving their first paper screener questionnaire in the second follow-up mailing. Once a household receives a paper screener questionnaire, they will then have the option to either complete the Web-based survey or complete the mailed paper screener. If the household chooses to complete the mailed paper questionnaire, then they would then be considered part of the Mailout/Mailback Paper-and-Pencil Interviewing (PAPI) Treatment Group and would receive a paper topical questionnaire if there is at least one eligible child who is 0 to 17 years old listed on the screener. Non-response follow-up for the topical questionnaire will include three more mailings, each including the paper topical questionnaire.

    III. Data

    OMB Control Number: 0607-XXXX.

    Form Number(s): NSCH-P-S1 (English Screener),

    NSCH-P-T1 (English Topical for 0- to 5-year-old children),

    NSCH-P-T2 (English Topical for 6- to 11-year-old children),

    NSCH-P-T3 (English Topical for 12- to 17-year-old children),

    NSCH-PS-S1 (Spanish Screener),

    NSCH-PS-T1 (Spanish Topical for 0- to 5-year-old children),

    NSCH-PS-T2 (Spanish Topical for 6- to 11-year-old children), and

    NSCH-PS-T3 (Spanish Topical for 12- to 17-year-old children).

    Type of Review: Regular submission.

    Affected Public: Parents, researchers, policymakers, and family advocates.

    Estimated Number of Respondents: 292,000 for the Screener and 82,000 for the Topical.

    Estimated Time per Response: 5 minutes per screener response and 30 minutes per topical response.

    Estimated Total Annual Burden Hours: 65,333 hours.

    Estimated Total Annual Cost to Public: $2,333,333 ($7,000,000 over 3 years—not an even annual distribution).

    Respondent's Obligation: Voluntary.

    Legal Authority: Census Authority: 13 U.S.C. Section 8(b), HRSA MCHB Authority: 42 U.S.C., Chapter 7, Title V (Social Security Act).

    Confidentiality: The data collected under this agreement are confidential under 13 U.S.C. Section 9. All access to Title 13 data from this survey is restricted to those holding Census Bureau Special Sworn Status pursuant to 13 U.S.C. Section 23(c).

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: November 24, 2015. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2015-30287 Filed 11-27-15; 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 [10/23/2015 through 11/23/2015] Firm name Firm address Date accepted
  • for investigation
  • Product(s)
    Amoskeag Woodworking, Inc 30 Elm Court, Colchester, VT 05446 11/13/2015 The firm is an architectural millwork, cabinet, counter top, custom woodwork, wood-flooring, furniture and historic renovation trim and hardwood lumber manufacturer and installer; producing lumber, millwork and casework for commercial and institutional buildings and residential homes. PSM Industries, Inc 14000 Aviation Blvd., Los Angeles, CA 90061 11/13/2015 The firm manufactures a wide range of parts across multiple industry segments. Connexion, Inc
  • d/b/a KitchenHappy
  • 74000 Cryderman Rd., Richmond Township, MI 48062 11/23/2015 The firm is a service firm marketing kitchen and household tools and utensils of various materials, primarily plastic.
    Leedon Webbing Co., Inc 86 Tremont Street, Central Falls, RI 02863 11/23/2015 The firm manufactures narrow fabric webbing made from cotton, polyester, nylon and polypropylene. WILCO Machine & Fab., Inc 1326 S. Broadway, Marlow, OK 73055 11/23/2015 The firm manufactures fabricated and machine equipment, products, and tools for industries.

    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: November 23, 2015. Miriam Kearse, Lead Program Analyst.
    [FR Doc. 2015-30286 Filed 11-27-15; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-53-2015] Application for Additional Production Authority; The Coleman Company, Inc.; Subzone 119I; (Textile-Based Personal Flotation Devices) Notice of Postponement of Public Hearing

    At the request of the applicant, a public hearing was scheduled to be held for the case referenced above on December 3, 2015 (see 80 FR 68504, November 5, 2015). At the request of a party who may be materially affected by the zone activity in question, that hearing is now being postponed. Once a new date and time have been set for the hearing, notice will be given in the Federal Register. The open comment period for the case (currently scheduled to close on January 4, 2016) will be extended through a new date which will fall no less than 15 days after the hearing is held.

    For further information, contact Pierre Duy at [email protected] or (202) 482-1378.

    Dated: November 25, 2015. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2015-30482 Filed 11-27-15; 8:45 a.m.] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Correction

    In notice document 2015-28460, beginning on page 69193 in the issue of Monday, November 9, 2015, make the following correction:

    On page 69197, in the table, in eighteenth and nineteenth rows,

    “Çayirova Boru Sanayi ve Ticaret A.Ş. and Yücel Boru İthalat-İhracat ve Pazarlama A.Ş.(collectively Yücel)5 should read “Çayirova Boru Sanayi ve Ticaret A.Ş. and Yücel Boru İthalat-İhracat ve Pazarlama A.Ş.(collectively Yücel)5”.
    [FR Doc. C1-2015-28460 Filed 11-27-15; 8:45 am] BILLING CODE 1505-01-D
    DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 151106999-5999-01] Call for Applications for the International Buyer Program Calendar Year 2017 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice and Call for Applications.

    SUMMARY:

    In this notice, the U.S. Department of Commerce (DOC) International Trade Administration (ITA) announces that it will begin accepting applications for the International Buyer Program (IBP) for calendar year 2017 (January 1, 2017, through December 31, 2017). The announcement also sets out the objectives, procedures and application review criteria for the IBP. The purpose of the IBP is to bring international buyers together with U.S. firms in industries with high export potential at leading U.S. trade shows. Specifically, through the IBP, the ITA selects domestic trade shows which will receive ITA assistance in the form of global promotion in foreign markets, provision of export counseling to exhibitors, and provision of matchmaking services at the trade show. This notice covers selection for IBP participation during calendar year 2017.

    DATES:

    Applications for the IBP must be received by Friday, January 8, 2016.

    ADDRESSES:

    The application form can be found at www.export.gov/ibp. Applications may be submitted by any of the following methods: (1) Mail/Hand Delivery Service: International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, Ronald Reagan Building, 1300 Pennsylvania Ave. NW., Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004; (2) Facsimile: (202) 482-7800; or (3) email: [email protected] Facsimile and email applications will be accepted as interim applications, but must be followed by a signed original application that is received by the program no later than five (5) business days after the application deadline. To ensure that applications are received by the deadline, applicants are strongly urged to send applications by express delivery service (e.g., U.S. Postal Service Express Delivery, Federal Express, UPS, etc.).

    FOR FURTHER INFORMATION CONTACT:

    Vidya Desai, Acting Director, International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave. NW., Ronald Reagan Building, Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004; Telephone (202) 482-2311; Facsimile: (202) 482-7800; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The IBP was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418, codified at 15 U.S.C. 4724) to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The IBP emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. Shows selected for the IBP will provide a venue for U.S. companies interested in expanding their sales into international markets.

    Through the IBP, ITA selects U.S. trade shows with participation by U.S. firms interested in exporting that ITA determines to be leading international trade shows, for promotion in overseas markets by U.S. Embassies and Consulates. The DOC is authorized to provide successful applicants with assistance in the form of overseas promotion of the show; outreach to show participants about exporting; recruitment of potential buyers to attend the events; and staff assistance in setting up international trade centers at the events. Worldwide promotion is executed through ITA officers at U.S. Embassies and Consulates in more than 70 countries representing the United States' major trading partners, and also in Embassies in countries where ITA does not maintain offices.

    The International Trade Administration (ITA) is accepting applications from trade show organizers for the IBP for trade events taking place between January 1, 2017, and December 31, 2017. Selection of a trade show is valid for one event, i.e., a trade show organizer seeking selection for a recurring event must submit a new application for selection for each occurrence of the event. For events that occur more than once in a calendar year, the trade show organizer must submit a separate application for each event.

    For the IBP in calendar year 2017, the ITA expects to select approximately 20 events from among the applicants. The ITA will select those events that are determined to most clearly meet the statutory mandate in 15 U.S.C. 4721 to promote U.S. exports, especially those of small- and medium-sized enterprises, and the selection criteria articulated below.

    There is no fee required to submit an application. If accepted into the program for calendar year 2017, a participation fee of $9,800 is required for shows of five days or fewer. For trade shows more than five days in duration, or requiring more than one International Trade Center, a participation fee of $15,000 is required. For trade shows ten days or more in duration, and/or requiring more than two International Trade Centers, the participation fee will be determined by DOC and stated in the written notification of acceptance. It would be calculated on a full cost recovery basis. Successful applicants will be required to enter into a Memorandum of Agreement (MOA) with ITA within 10 days of written notification of acceptance into the program. The participation fee (by check or credit card) is due within 30 days of written notification of acceptance into the program.

    The MOA constitutes an agreement between ITA and the show organizer specifying which responsibilities for international promotion and export assistance services at the trade shows are to be undertaken by ITA as part of the IBP and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application and a copy of this Federal Register Notice. Applicants are encouraged to review the MOA closely as IBP participants are required to comply with all terms, conditions, and obligations in the MOA. Trade show organizer obligations include, but are not limited to, providing waived or reduced admission fees for international attendees who are participating in the IBP, the construction of an International Trade Center at the trade show, production of an export interest directory, and provision of complimentary hotel accommodations for DOC staff as explained in the MOA. One of the most important commitments is for the trade show organizer to: Include in the terms and conditions of its exhibitor contracts provisions for the protection of intellectual property rights (IPR); to have procedures in place at the trade show to address IPR infringement which, at a minimum, provide information to help U.S. exhibitors procure legal representation during the trade show; and to agree to assist the DOC to reach and educate U.S. exhibitors on the Strategy Targeting Organized Piracy (STOP!), IPR protection measures available during the show, and the means to protect IPR in overseas markets, as well as in the United States. ITA responsibilities include, but are not limited to, the worldwide promotion of the trade show and, where feasible, recruitment of international buyers to that show, provision of on-site export assistance to U.S. exhibitors at the show, and the reporting of results to the show organizer.

    Selection as an IBP partner does not constitute a guarantee by DOC of the show's success. IBP partnership status is not an endorsement of the show except as to its international buyer activities. Non-selection of an applicant for IBP partnership status should not be viewed as a determination that the event will not be successful in promoting U.S. exports.

    Eligibility: All 2017 U.S. trade events are eligible to apply for IBP participation through the show organizer.

    Exclusions: Trade shows that are either first-time or horizontal (non-industry specific) events generally will not be considered.

    General Evaluation Criteria: The ITA will evaluate shows to be International Buyer Program partners using the following criteria:

    (a) Export Potential: The trade show promotes products and services from U.S. industries that have high export potential, as determined by DOC sources, including industry analysts' assessment of export potential, ITA best prospects lists and U.S. export statistics.

    (b) Level of International Interest: The trade show meets the needs of a significant number of overseas markets and corresponds to marketing opportunities as identified by ITA. Previous international attendance at the show may be used as an indicator of such interest.

    (c) Scope of the Show: The event offers a broad spectrum of U.S. made products and services for the subject industry. Trade shows with a majority of U.S. firms as exhibitors will be given priority.

    (d) U.S. Content of Show Exhibitors: Trade shows with exhibitors featuring a high percentage of products produced in the United States or products with a high degree of U.S. content will be preferred.

    (e) Stature of the Show: The trade show is clearly recognized by the industry it covers as a leading event for the promotion of that industry's products and services both domestically and internationally, and as a showplace for the latest technology or services in that industry.

    (f) Level of Exhibitor Interest: U.S. exhibitors have expressed interest in receiving international business visitors during the trade show. A significant number of U.S. exhibitors should be seeking to begin exporting or to expand their sales into additional export markets.

    (g) Level of Overseas Marketing: There has been a demonstrated effort by the applicant to market this event and prior related events. For this criterion, the applicant should describe in detail, among other information, the international marketing program to be conducted for the event, and explain how efforts should increase individual and group international attendance.

    (h) Logistics: The trade show site, facilities, transportation services, and availability of accommodations at the site of the exhibition (i.e. International Trade Center, interpreters) are capable of accommodating large numbers of attendees whose native language will not be English.

    (i) Level of Cooperation: The applicant demonstrates a willingness to cooperate with the ITA to fulfill the program's goals and adhere to the target dates set out in the MOA and in the event timetables, both of which are available from the program office (see the FOR FURTHER INFORMATION CONTACT section above). Past experience in the IBP will be taken into account in evaluating the applications received.

    (j) Delegation Incentives: The IBP Office will be evaluating the level and/or range of incentives offered to delegations and/or delegation leaders recruited by U.S. overseas Embassies and Consulates. Examples of incentives to international visitors and to organized delegations include: Special organized events, such as receptions, meetings with association executives, briefings, and site tours; and complimentary accommodations for delegation leaders (beyond those required in the MOA).

    Review Process: ITA will evaluate all applications received based on the criteria set out in this notice. Vetting will include soliciting input from ITA industry analysts, as well as domestic and international field offices, focusing primarily on the export potential, level of international interest, and stature of the show. In reviewing applications, ITA will also consider scheduling and sector balance in terms of the need to allocate resources to support selected events.

    Application Requirements: Show organizers submitting applications for the 2017 IBP are requested to submit: (1) A narrative statement addressing each question in the application, Form OMB 0625-0143 (found at www.export.gov/ibp); (2) a signed statement that “The information submitted in this application is correct and the applicant will abide by the terms set forth in the Call for Applications for the 2017 International Buyer Program (January 1, 2017 through December 31, 2017);” and (3) two copies of the application: one copy of the application printed on company letterhead, and one electronic copy of the application submitted on a CD-RW (preferably in Microsoft Word® format), on or before the deadline noted above. There is no fee required to apply. Applications for the IBP must be received by Friday, January 8, 2016. ITA expects to issue the results of its review process in April 2016.

    Legal Authority: The statutory program authority for the ITA to conduct the International Buyer Program is 15 U.S.C. 4724. The DOC has the legal authority to enter into MOAs with show organizers under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C.s 2455(f) and 2458(c)). MECEA allows ITA to accept contributions of funds and services from firms for the purposes of furthering its mission.

    The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (Form OMB 0625-0143) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (OMB Control No. 0625-0143). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number.

    For further information please contact: Vidya Desai, Acting Director, International Buyer Program ([email protected]).

    Frank Spector, Trade Promotion Programs.
    [FR Doc. 2015-30329 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-850] Certain Oil Country Tubular Goods From Taiwan: Rescission of Antidumping Duty Administrative Review in Part; 2014-2015 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce (the Department) is rescinding its administrative review in part on certain oil country tubular goods from Taiwan for the period of review (POR) July 18, 2014, through August 31, 2015.

    DATES:

    Effective Date: November 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Yang Jin Chun, AD/CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5760.

    SUPPLEMENTARY INFORMATION:

    Background

    On September 1, 2015, we published a notice of opportunity to request an administrative review of the antidumping duty order on certain oil country tubular goods from Taiwan for the POR July 18, 2014, through August 31, 2015.1 On November 9, 2015, in response to timely requests from the petitioners 2 and Taiwanese exporters of subject merchandise, Shin Yang Steel Co., Ltd. (Shin Yang) and Tension Steel Industries Co., Ltd. (Tension Steel), and in accordance with section 751(a) of the Tariff Act of 1930, as amended, and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on certain oil country tubular goods from Taiwan with respect to two companies: Shin Yang and Tension Steel.3

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 80 FR 52741 (September 1, 2015).

    2 Maverick Tube Corporation; Energex Tube, a division of JMC Steel Group; TMK IPSCO; Vallourec Star LP; Welded Tube USA Inc.; and United States Steel Corporation (collectively, the petitioners).

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 69193 (November 9, 2015).

    On November 10, 2015, Shin Yang withdrew its request for an administrative review.4

    4See letter from Shin Yang to the Department, “Oil country Tubular Goods from Taiwan: Withdrawal of Administrative Review Request” (November 10, 2015). Shin Yang's November 10, 2015 letter referenced the countervailing duty proceeding. Accordingly, we confirmed with counsel for Shin Yang that its reference to the countervailing duty proceeding was inadvertent, and that its withdrawal request intended to reference the antidumping duty proceeding. See memorandum to the File dated November 19, 2015.

    Rescission of Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, “in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.” Because Shin Yang withdrew its review request in a timely manner, and because no other party requested a review of this company, we are partially rescinding the administrative review with respect to Shin Yang.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. For Shin Yang, for which the review is rescinded, 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 within 15 days after publication of this notice.

    Notifications

    This notice 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 may result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO, in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation.

    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: November 24, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-30342 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-928] Uncovered Innerspring Units from the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    On October 23, 2015, the Department of Commerce (“the Department”) published the affirmative preliminary determination of circumvention of the antidumping duty order on uncovered innerspring units (“innerspring units”) from the People's Republic of China (“PRC”).1 The Department invited interested parties to comment on the Preliminary Determination. No parties commented. Accordingly, our Preliminary Determination remains unchanged in this final determination.

    1See Uncovered Innerspring Units from the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 80 FR 64392 (October 23, 2015) (“Preliminary Determination”).

    DATES:

    Effective Date: November 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Susan Pulongbarit, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4031.

    SUPPLEMENTARY INFORMATION:

    Background

    On October 23, 2015, the Department published the Preliminary Determination finding that innerspring units completed or assembled in Malaysia by Goldon Bedding Manufacturing Sdn. Bhd. (“Goldon”) using components from the PRC, and exported to the United States, are circumventing the antidumping duty order on innerspring units from the PRC,2 as provided in section 781(b) of the Tariff Act of 1930, as amended (“the Act”). We invited interested parties to comment on the Preliminary Determination, but no comments were received.

    2Id.

    Scope of the Antidumping Duty Order

    The merchandise subject to the order is uncovered innerspring units composed of a series of individual metal springs joined together in sizes corresponding to the sizes of adult mattresses (e.g., twin, twin long, full, full long, queen, California king, and king) and units used in smaller constructions, such as crib and youth mattresses. All uncovered innerspring units are included in the scope regardless of width and length. Included within this definition are innersprings typically ranging from 30.5 inches to 76 inches in width and 68 inches to 84 inches in length. Innersprings for crib mattresses typically range from 25 inches to 27 inches in width and 50 inches to 52 inches in length.

    Uncovered innerspring units are suitable for use as the innerspring component in the manufacture of innerspring mattresses, including mattresses that incorporate a foam encasement around the innerspring. Pocketed and non-pocketed innerspring units are included in this definition. Non-pocketed innersprings are typically joined together with helical wire and border rods. Non-pocketed innersprings are included in this definition regardless of whether they have border rods attached to the perimeter of the innerspring. Pocketed innersprings are individual coils covered by a “pocket” or “sock” of a nonwoven synthetic material or woven material and then glued together in a linear fashion.

    Uncovered innersprings are classified under subheading 9404.29.9010 and have also been classified under subheadings 9404.10.0000, 7326.20.0070, 7320.20.5010, or 7320.90.5010 of the Harmonized Tariff Schedule of the United States (“HTSUS”). The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of the order is dispositive.

    Scope of the Anticircumvention Inquiry

    The products covered by this inquiry are innerspring units, as described above, that are manufactured in Malaysia by Goldon with PRC-origin components and other direct materials, such as helical wires, and that are subsequently exported from Malaysia to the United States.

    Final Determination

    In the Preliminary Determination, the Department found, on the basis of adverse facts available, that innerspring units completed and assembled in Malaysia by Goldon using components from the PRC and exported from Malaysia to the United States are circumventing the PRC Innerspring Units Order, 3 pursuant to section 781(b) of the Act. Moreover, because we are unable to distinguish between those innerspring units Goldon is exporting to the United States which contain PRC-origin components and those that do not, the Department preliminarily determined that it is appropriate to instruct U.S. Customs and Border Protection (“CBP”) to suspend liquidation of all entries of innerspring units produced in and/or exported from Malaysia by Goldon as subject to the PRC Innerspring Units Order. 4

    3See Uncovered Innerspring Units from the People's Republic of China: Notice of Antidumping Duty Order, 74 FR 7661 (February 19, 2009) (“PRC Innerspring Units Order”).

    4 For a complete discussion of our findings in the preliminary determination, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled “Anticircumvention Inquiry Regarding the Antidumping Duty Order on Uncovered Innerspring Units from the People's Republic of China: Preliminary Determination Memorandum for Goldon Bedding Manufacturing Sdn. Bhd., dated October 19, 2015 (“Preliminary Decision Memorandum”). The signed Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html.

    Because no party provided any additional information or comments regarding our Preliminary Determination, our final determination remains unchanged from our Preliminary Determination. Accordingly, the Department continues to determine that Goldon's merchandise is circumventing the PRC Innerspring Units Order within the meaning of section 781(b) of the Act and that it is appropriate to continue to instruct CBP to suspend all entries of innerspring units from Malaysia produced by Goldon. If Goldon would like to be reviewed under the PRC Innerspring Units Order, it must request a review of its exports. In such a review, the Department would determine Goldon's antidumping margin. Should the Department conduct an administrative review, and determine in the context of that review that Goldon did not produce for export innerspring units using PRC-origin innerspring components, the Department will consider initiating a changed circumstances review pursuant to section 751(b) of the Act to determine if the continued suspension of all innerspring units produced by Goldon is warranted.

    Continuation of Suspension of Liquidation

    In accordance with section 781(b) of the Act and 19 CFR 351.225(1)(3), the Department will continue to direct CBP to suspend liquidation and to require a cash deposit of estimated duties at the rate applicable to the exporter on all unliquidated entries of innerspring units from produced in and/or exported from Malaysia by Goldon that were entered, or withdrawn from warehouse, for consumption on or after December 22, 2014, the date of initiation of the anticircumvention inquiry.5

    5See Uncovered Innerspring Units from the People's Republic China: Initiation of Anticircumvention Inquiry on Antidumping Duty Order, 79 FR 78792 (December 31, 2014).

    Notice to Parties

    This notice serves as the only reminder to parties subject to the administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. 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 final affirmative circumvention determination is published in accordance with section 781(b) of the Act and 19 CFR 351.225(h).

    Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-30336 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-475-601] Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip (BSS) from Italy.1 This review covers one company. The period of review (POR) is March 1, 2014, through February 28, 2015.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 24233 (April 30, 2015).

    DATES:

    Effective Date: November 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1293.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Italy, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS numbers are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 The written description is dispositive.

    2See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of the 2014-2015 Antidumping Duty Administrative Review: Brass Sheet and Strip from Italy” (Preliminary Decision Memorandum), dated concurrently with this notice.

    The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to KME Italy SpA (KME Italy), the only company for which a review was requested. Thus, we preliminarily assign a rate of 22.00 percent as the dumping margin for KME Italy. In making these findings, we relied on facts available because KME Italy failed to respond to the Department's antidumping duty questionnaire, and thus withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(2)(A)-(C) of the Act. Furthermore, because we preliminarily determine that KME Italy failed to cooperate by not acting to the best of its ability to comply with the Department's requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

    Preliminary Results of Review

    As a result of our review, we preliminarily determine that the following dumping margin on BSS from Italy exists for the period March 1, 2014, through February 28, 2015:

    Exporter/Manufacturer Dumping
  • margin
  • (percent)
  • KME Italy SpA 22.00 percent
    Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4 Case and rebuttal briefs should be filed using ACCESS.5

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs.

    3See 19 CFR 351.309(d).

    4See 19 CFR 351.303 (for general filing requirements).

    5See 19 CFR 351.303.

    The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If the preliminary results are unchanged for the final results we will instruct CBP to apply an ad valorem assessment rate of 22.00 percent to all entries of subject merchandise during the POR which were produced and/or exported by KME Italy.

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of review.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of BSS from Italy entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the reviewed company will be the rate established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 5.44 percent. These deposit requirements, when imposed, shall remain in effect until further notice.

    Notifications to Importers

    This notice serves as a preliminary 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 Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Discussion of the Methodology 1. Use of Facts Otherwise Available a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used as Facts Available E. Recommendation
    [FR Doc. 2015-30340 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [Docket No.: 151106999-5999-01] Call for Applications for the International Buyer Program Select Service for Calendar Year 2017 AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Notice and call for applications.

    SUMMARY:

    The U.S. Department of Commerce (DOC), International Trade Administration (ITA) announces that it will begin accepting applications for the International Buyer Program (IBP) Select service for calendar year 2017 (January 1, 2017, through December 31, 2017). This announcement sets out the objectives, procedures and application review criteria for IBP Select. Under IBP Select, ITA recruits international buyers to U.S. trade shows to meet with U.S suppliers exhibiting at those shows. The main difference between IBP and IBP Select is that IBP offers worldwide promotion, whereas IBP Select focuses on promotion and recruitment in up to five international markets. Specifically, through the IBP Select, the DOC selects domestic trade shows that will receive DOC assistance in the form of targeted promotion and recruitment in up to five foreign markets, export counseling to exhibitors, and export counseling and matchmaking services at the trade show. This notice covers selection for IBP Select participation during calendar year 2017.

    DATES:

    Applications for IBP Select must be received by Friday, January 8, 2016.

    ADDRESSES:

    The application form can be found at www.export.gov/ibp. Applications may be submitted by any of the following methods: (1) Mail/Hand Delivery Service: International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, Ronald Reagan Building, 1300 Pennsylvania Ave. NW., Suite 800—Mezzanine Level—Atrium North, Washington, DC 20004; (2) Facsimile: (202) 482-7800; or (3) email: [email protected] Facsimile and email applications will be accepted as interim applications, and must be followed by a signed original application that is received by the program no later than five (5) business days after the application deadline. To ensure that applications are received by the deadline, applicants are strongly urged to send applications by express delivery service (e.g., U.S. Postal Service Express Delivery, Federal Express, UPS, etc.).

    FOR FURTHER INFORMATION CONTACT:

    Vidya Desai, Acting Director, International Buyer Program, Trade Promotion Programs, International Trade Administration, U.S. Department of Commerce, 1300 Pennsylvania Ave. NW., Ronald Reagan Building, Suite 800M—Mezzanine Level—Atrium North, Washington, DC 20004; Telephone (202) 482-2311; Facsimile: (202) 482-7800; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The IBP was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418, title II, § 2304, codified at 15 U.S.C. 4724) to bring international buyers together with U.S. firms by promoting leading U.S. trade shows in industries with high export potential. The IBP emphasizes cooperation between the DOC and trade show organizers to benefit U.S. firms exhibiting at selected events and provides practical, hands-on assistance such as export counseling and market analysis to U.S. companies interested in exporting. Shows selected for the IBP Select will provide a venue for U.S. companies interested in expanding their sales into international markets.

    Through the IBP, the DOC selects trade shows that DOC determines to be leading trade shows with participation by U.S. firms interested in exporting. DOC provides successful applicants with assistance in the form of targeted overseas promotion of the show by U.S. Embassies and Consulates; outreach to show participants about exporting; recruitment of potential buyers to attend the events; and staff assistance in setting up and staffing international trade centers at the events. Targeted promotion in up to five markets can be executed through the overseas offices of ITA or in U.S. Embassies in countries where ITA does not maintain offices.

    ITA is accepting applications for IBP Select from trade show organizers of trade events taking place between January 1, 2017, and December 31, 2017. Selection of a trade show for IBP Select is valid for one event. A trade show organizer seeking selection for a recurring event must submit a new application for selection for each occurrence of the event. For events that occur more than once in a calendar year, the trade show organizer must submit a separate application for each event.

    There is no fee required to submit an application. For IBP Select in calendar year 2017, ITA expects to select approximately 8 events from among the applicants. ITA will select those events that are determined to most clearly support the statutory mandate in 15 U.S.C. 4721 to promote U.S. exports, especially those of small- and medium-sized enterprises, and that best meet the selection criteria articulated below. Once selected, applicants will be required to enter into a Memorandum of Agreement (MOA) with the DOC, and submit payment of the $6,000 2017 participation fee (by check or credit card) within 30 days of written notification of acceptance into IBP Select. The MOA constitutes an agreement between the DOC and the show organizer specifying which responsibilities for international promotion and export assistance services at the trade shows are to be undertaken by the DOC as part of the IBP Select and, in turn, which responsibilities are to be undertaken by the show organizer. Anyone requesting application information will be sent a sample copy of the MOA along with the application form and a copy of this Federal Register Notice. Applicants are encouraged to review the MOA closely, as IBP Select participants are expected to comply with all terms, conditions, and obligations in the MOA. Trade show organizer obligations include the construction of an International Trade Center at the trade show, production of an export interest directory, and provision of complimentary hotel accommodations for DOC staff as explained in the MOA. ITA responsibilities include targeted promotion of the trade show and, where feasible, recruitment of international buyers to that show from up to five target markets identified, provision of on-site export assistance to U.S. exhibitors at the show, and the reporting of results to the show organizer.

    Selection as an IBP Select show does not constitute a guarantee by DOC of the show's success. IBP Select participation status is not an endorsement of the show except as to its international buyer activities. Non-selection of an applicant for IBP Select status should not be viewed as a determination that the event will not be successful in promoting U.S. exports.

    Eligibility: 2017 U.S. trade events with 1,350 or fewer exhibitors are eligible to apply, through the show organizer, for IBP Select participation. First-time events will also be considered.

    Exclusions: U.S. trade shows with over 1,350 exhibitors will not be considered for IBP Select.

    General Evaluation Criteria: ITA will evaluate applicants for IBP Select using the following criteria:

    (a) Export Potential: The trade show promotes products and services from U.S. industries that have high export potential, as determined by DOC sources, including industry analysts' assessment of export potential, ITA best prospects lists, and U.S. export analysis.

    (b) Level of International Interest: The trade show meets the needs of a significant number of overseas markets and corresponds to marketing opportunities as identified by ITA. Previous international attendance at the show may be used as an indicator.

    (c) Scope of the Show: The event must offer a broad spectrum of U.S. made products and services for the subject industry. Trade shows with a majority of U.S. firms as exhibitors are given priority.

    (d) U.S. Content of Show Exhibitors: Trade shows with exhibitors featuring a high percentage of products produced in the United States or products with a high degree of U.S. content will be preferred.

    (e) Stature of the Show: The trade show is clearly recognized by the industry it covers as a leading event for the promotion of that industry's products and services both domestically and internationally, and as a showplace for the latest technology or services in that industry.

    (f) Level of Exhibitor Interest: There is significant interest on the part of U.S. exhibitors in receiving international business visitors during the trade show. A significant number of U.S. exhibitors should be new-to-export or seeking to expand their sales into additional export markets.

    (g) Level of Overseas Marketing: There has been a demonstrated effort by the applicant to market prior shows overseas. In addition, the applicant should describe in detail the international marketing program to be conducted for the event, and explain how efforts should increase individual and group international attendance.

    (h) Level of Cooperation: The applicant demonstrates a willingness to cooperate with ITA to fulfill the program's goals and adhere to the target dates set out in the MOA and in the event timetables, both of which are available from the program office (see the FOR FURTHER INFORMATION CONTACT section above). Past experience in the IBP will be taken into account in evaluating the applications received.

    (i) Delegation Incentives: Waived or reduced (by at least 50%) admission fees are required for international attendees who are participating in IBP Select. Delegation leaders also must be provided complimentary admission to the event. In addition, show organizers should offer a range of incentives to delegations and/or delegation leaders recruited by the DOC overseas posts. Examples of incentives to international visitors and to organized delegations include: Special organized events, such as receptions, meetings with association executives, briefings, and site tours; or complimentary accommodations for delegation leaders.

    Review Process: ITA will vet all applications received based on the criteria set out in this notice. Vetting will include soliciting input from ITA industry analysts, as well as domestic and international field offices, focusing primarily on the export potential, level of international interest, and stature of the show. In reviewing applications, ITA will also consider sector and calendar diversity in terms of the need to allocate resources to support selected events. Application Requirements: Show organizers submitting applications for 2017 IBP Select are required to submit: (1) A narrative statement addressing each question in the application, OMB 0625-0143 (found at www.export.gov/ibp); and (2) a signed statement that “The above information provided is correct and the applicant will abide by the terms set forth in this Call for Applications for the International Buyer Program Select (January 1, 2017 through December 31, 2017);” on or before the deadline noted above. Applications for IBP Select must be received by Friday, January 8, 2016. There is no fee required to apply. ITA expects to issue the results of this process in April 2016.

    Legal Authority: The statutory program authority for ITA to conduct the IBP is 15 U.S.C. 4724. ITA has the legal authority to enter into MOAs with show organizers under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 (MECEA), as amended (22 U.S.C.s 2455(f) and 2458(c)). MECEA allows ITA to accept contributions of funds and services from firms for the purposes of furthering its mission.

    The Office of Management and Budget (OMB) has approved the information collection requirements of the application to this program (0625-0143) under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (OMB Control No. 0625-0143). Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number.

    For further information please contact: Vidya Desai, Acting Director, International Buyer Program ([email protected]).

    Frank Spector, Trade Promotion Programs.
    [FR Doc. 2015-30328 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration 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 via teleconference on Wednesday, December 16, 2015. The Board was re-chartered in August 2015 and advises 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 a recommendation focused on expanding and protecting the Visa Waiver Program (VWP). 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:

    Wednesday, December 16, 2015, 1:00 p.m.-2:00 p.m. The deadline for members of the public to register, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5 p.m. EST on December 9, 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: [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 December 9, 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. EST on December 9, 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: November 23, 2015. Archana Sahgal, Executive Secretary, United States Travel and Tourism Advisory Board.
    [FR Doc. 2015-30284 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Meeting of the United States Manufacturing Council AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an open meeting.

    SUMMARY:

    The United States Manufacturing Council (Council) will hold an open meeting via teleconference on Wednesday, December 16, 2015. The Council was established in April 2004 to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry. The purpose of the meeting is for Council members to review and deliberate on a recommendation by the Energy Subcommittee focused on trade missions. The final agenda will be posted on the Department of Commerce Web site for the Council at http://www.trade.gov/manufacturingcouncil/, at least one week in advance of the meeting.

    DATES:

    Wednesday, December 16, 2015, 12:00 p.m.-1:00 p.m. The deadline for members of the public to register, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5 p.m. EST on December 9, 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. Manufacturing Council, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230; email: [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, U.S. Manufacturing Council, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202-482-4501, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The Council advises the Secretary of Commerce on matters relating to the U.S. manufacturing 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 December 9, 2015, for inclusion in the meeting records and for circulation to the members of the U.S. Manufacturing Council.

    In addition, any member of the public may submit pertinent written comments concerning the Council'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. EST on December 9, 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 Council meeting minutes will be available within 90 days of the meeting.

    Dated: November 23, 2015. Archana Sahgal, Executive Secretary, U.S. Manufacturing Council.
    [FR Doc. 2015-30283 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14-2A004] Export Trade Certificate of Review ACTION:

    Notice of Application for an Amended Export Trade Certificate of Review by DFA of California (“DFA”), Application No. 14-2A004.

    SUMMARY:

    The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (“Certificate”) from DFA. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

    FOR FURTHER INFORMATION CONTACT:

    Joseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number) or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its application. Under 15 CFR 325.6 (a), interested parties may, within twenty days after the date of this notice, submit written comments to the Secretary through OTEA on the application.

    Request for Public Comments: Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential.

    An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230.

    Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 14-2A004.”

    Summary of the Application Applicant: DFA of California

    Contact: c/o Gilbert Associates, Inc., 2880 Gateway Oaks Drive, Suite 100, Sacramento, California 95833.

    Application No.: 14-2A004.

    Date Deemed Submitted: November 24, 2015.

    Proposed Amendments:

    1. Add as new Members with respect to the covered products listed below:

    a. Walnuts: Chico Nut Company; Pearl Crop, Inc.; Omega Walnut, Inc.; O-G Nut Company; California Walnut Company, Inc.; and Morada Nut Company, LP.

    2. Change the name of existing Member Linden Nut Company to Pearl Crop, Inc.

    DFA's proposed amendment of its Export Trade Certificate of Review would result in the following entities as Members under the Certificate:

    1. Alpine Pacific Nut Company, Hughson, CA 2. Andersen & Sons Shelling, Vina, CA 3. Avanti Nut Company, Inc., Stockton, CA 4. Berberian Nut Company, LLC, Chico, CA 5. Carriere Family Farms, Inc., Glenn, CA 6. California Almond Packers and Exporters (CAPEX), Corning CA 7. California Walnut Company, Inc., Los Molinos, CA 8. Chico Nut Company, Chico, CA 9. Continente Nut LLC, Oakley, CA 10. C. R. Crain & Sons, Inc., Los Molinos, CA 11. Crain Walnut Shelling, Inc., Los Molinos, CA 12. Crisp California Walnuts, Stratford, CA 13. Diamond Foods, Inc., Stockton, CA 14. Empire Nut Company, Colusa, CA 15. Fig Garden Packing, Inc., Fresno, CA 16. Gold River Orchards, Inc., Escalon, CA 17. Grower Direct Nut Company, Hughson, CA 18. GSF Nut Company, Orosi, CA 19. Guerra Nut Shelling Company, Hollister, CA 20. Hill View Packing Company Inc., Gustine, CA 21. Mariani Nut Company, Winters, CA 22. Mariani Packing Company, Inc., Vacaville, CA 23. Mid Valley Nut Company Inc., Hughson, CA 24. Morada Nut Company, LP, Stockton, CA 25. National Raisin Company, Fowler, CA 26. O-G Nut Company, Stockton, CA 27. Omega Walnut, Inc., Orland, CA 28. Pearl Crop, Inc., Stockton, CA 29. Poindexter Nut Company, Selma, CA 30. Prima N oce Packing, Linden, CA 31. RPC Packing Inc., Porterville, CA 32. Sacramento Packing, Inc., Yuba City, CA 33. Sacramento Valley Walnut Growers, Inc., Yuba City, CA 34. San Joaquin Figs, Inc., Fresno, CA 35. Shoei Foods USA, Inc., Olivehurst, CA 36. Stapleton-Spence Packing, Gridley, CA 37. Sun-Maid Growers of California, Kingsburg, CA 38. Sunsweet Growers Inc., Yuba City, CA 39. Taylor Brothers Farms, Inc., Yuba City, CA 40. T.M. Duche Nut Company, Inc., Orland, CA 41. Wilbur Packing Company, Inc., Live Oak, CA 42. Valley Fig Growers, Fresno, CA Dated: November 23, 2015. Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131, etca@trade.gov.
    [FR Doc. 2015-30285 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-351-843, A-570-029, A-533-865, A-588-873, A-580-881, A-821-822, A-412-824] Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom: Postponement of Preliminary Determinations of Antidumping Duty Investigations AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce

    DATES:

    Effective Date: November 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Hermes Pinilla at (202) 482-3477 (Brazil); Scott Hoefke at (202) 482-2947 (the People's Republic of China (PRC)); Patrick O'Connor at (202) 482-0989 (India and Japan); Steve Bezirganian at (202) 482-1131 (the Republic of Korea (Korea)); Eve Wang at (202) 482-6231 (the Russian Federation (Russia)); and Thomas Schauer at (202) 482-0410 (the United Kingdom), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 17, 2015, the Department of Commerce (the Department) initiated antidumping duty (AD) investigations of imports of certain cold-rolled steel flat products (cold-rolled steel) from Brazil, the PRC, India, Japan, Korea, Russia, and the United Kingdom.1 The notice of initiation stated that, in accordance with section 733(b)(l)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1), we would issue our preliminary determinations no later than 140 days after the date of initiation, unless postponed. Currently, the preliminary determinations in these investigations are due no later than January 4, 2016.

    1See Certain Cold-Rolled Steel Flat Products From Brazil, the People's Republic of China, India, Japan, the Republic of Korea, the Netherlands, the Russian Federation, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198 (August 24, 2015). The investigation on cold-rolled steel from the Netherlands was terminated as a result of a negative preliminary injury determination by the International Trade Commission. See Cold-Rolled Steel Flat Products From Brazil, China, India, Japan, Korea, Netherlands, Russia, and the United Kingdom, 80 FR 55872 (September 17, 2015).

    Postponement of Preliminary Determinations

    Sections 733(c)(1)(B)(i) and (ii) of the Act permit the Department to postpone the time limit for the preliminary determination if it concludes that the parties concerned are cooperating and determines that the case is extraordinarily complicated by reason of the number and complexity of the transactions to be investigated or adjustments to be considered, the novelty of the issues presented, or the number of firms whose activities must be investigated, and additional time is necessary to make the preliminary determination. Under this section of the Act, the Department may postpone the preliminary determination until no later than 190 days after the date on which the Department initiated the investigation.

    The Department determines that the parties involved in the cold-rolled steel AD investigations on Brazil, India, Japan, the Republic of Korea, the Russian Federation, and the United Kingdom are cooperating, and that the investigations are extraordinarily complicated. Additional time is required to analyze the questionnaire responses and issue appropriate requests for clarification and additional information. With regard to the PRC investigation, this case has necessitated multiple rounds of quantity and value questionnaires, independent research into respondent locations, and ongoing analysis. As with the other investigations, we consider this case to be extraordinarily complicated and will require additional time to explore our options moving forward.

    Therefore, in accordance with section 733(c)(1)(B) of the Act and 19 CFR 351.205(f)(1), the Department is postponing the time period for the preliminary determinations of these investigations by 50 days, to February 23, 2016. Pursuant to section 735(a)(l) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.

    This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: November 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-30343 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE330 North Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The North Pacific Fishery Management Council's Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet December 17, 2015.

    DATES:

    The meeting will be held on Thursday, December 17, 2015, from 12 p.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at the Alaska Bering Sea Crabbers' office 4005 20th Ave. W, Suite 102, Seattle, WA 98188. Please call 1-800-920-7487, passcode is 88696426#.

    Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501-2252; telephone: (907) 271-2809.

    FOR FURTHER INFORMATION CONTACT:

    Diana Stram, Council staff; telephone: (907) 271-2809, or Lance Farr, (206) 669-7163.

    SUPPLEMENTARY INFORMATION:

    Agenda Thursday, December 17, 2015

    The Committee will discuss issues to recommend for the Bering Sea Aleutian Island Crab 10-year review.

    The Agenda is subject to change, and the latest version will be posted at http://www.npfmc.org/

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 at least 7 working days prior to the meeting date.

    Dated: November 24, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-30290 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD248 Endangered Species; File No. 18526 AGENCY:

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

    ACTION:

    Issuance of permit.

    SUMMARY:

    Notice is hereby given that Coonamessett Farm Foundation, Inc., 277 Hatchville Road, East Falmouth, MA 02536 [Responsible Party: Ronald Smolowitz], has been issued a permit to take sea turtles for purposes of scientific research.

    ADDRESSES:

    The permit and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    FOR FURTHER INFORMATION CONTACT:

    Malcolm Mohead or Amy Hapeman, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    On April 22, 2014, notice was published in the Federal Register (79 FR 22479) that a request for a scientific research permit to take endangered and threatened sea turtles has been submitted by the above-named organization. The requested permit has been issued under the authority of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

    Mr. Smolowitz has been issued a five-year permit to continue ongoing research assessing and reducing sea turtle bycatch in sea scallop fisheries in the Mid-Atlantic Bight. The research will aid in estimating abundance estimates, evaluating scallop harvesting strategies to minimize harm to sea turtles, and defining critical habitat of loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), leatherback (Dermochelys coriacea), and green (Chelonia mydas) sea turtles. Sea turtles may be captured by hoop net, weighed and measured, blood and tissue sampled, and tagged with flipper tags, passive integrated transponders, and satellite tags. Turtles will also be tracked and monitored with a remotely operated vehicle.

    Issuance of this permit, as required by the ESA, was based on a finding that such permit (1) was applied for in good faith, (2) will not operate to the disadvantage of such endangered or threatened species, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA.

    Dated: November 24, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-30297 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE331 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meetings.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council's (Council) Northeast Trawl Advisory Panel (NTAP) will hold a public meeting.

    DATES:

    The meeting will be held on Wednesday, December 16, 2015 for the Advisory Panel from 8 a.m. to 5 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will held at the Radisson Hotel Providence Airport, 2081 Post Road, Warwick, RI 02886; telephone: (401) 739-3000.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their Web site at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The NTAP is a joint advisory panel of the Mid-Atlantic and New England Fishery Management Councils. It is composed of Council members, fishing industry, academic, and government and non-government fisheries experts who will provide advice and direction on the conduct of trawl research. The NTAP was established to bring commercial fishing, fisheries science, and fishery management professionals in the northeastern U.S. together to identify concerns about regional research survey performance and data, to identify methods to address or mitigate these concerns and to promote mutual understanding and acceptance of the results of this work among their peers and in the broader community. Topics to be discussed at the meeting include: Review trawl survey design, gear, implementation, operations, and performance; review survey inputs to stock assessments; identify opportunities to complement/supplement trawl survey and calibration requirements; and discuss next steps for the NTAP.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: November 24, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-30291 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration First Responder Network Authority; First Responder Network Authority Board Meetings AGENCY:

    First Responder Network Authority (FirstNet), U.S. Department of Commerce.

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Board of the First Responder Network Authority (FirstNet) will convene an open public meeting on December 9, 2015, preceded by open public meetings of the Board Committees on December 8, 2015.

    DATES:

    On December 8, 2015 between 8:00 a.m. and 3:30 p.m. CST, there will be a joint meeting of FirstNet's four Board Committees. The meeting of the Governance and Personnel, Finance, Technology, and Consultation and Outreach Committees and will be open to the public from 8:00 a.m. to 10:00 a.m. CST. The FirstNet Committees will then go into a closed session from 10:00 a.m. to 3:30 p.m. The full FirstNet Board will hold an open public meeting on December 9, 2015 between 8:00 a.m. and 10:30 a.m. CST.

    ADDRESSES:

    The meetings on December 8 and December 9, 2015 will be held at Hyatt Regency Houston, 1200 Louisiana Street, Houston, TX 77002.

    FOR FURTHER INFORMATION CONTACT:

    Eli Veenendaal, Board Secretary (Acting), FirstNet, 12201 Sunrise Valley Drive, M/S 243, Reston, VA 20192; telephone: (571) 665-6143; email: [email protected] Please direct media inquiries to Ryan Oremland at (571) 665-6186.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that the Board of FirstNet will convene an open public meeting on December 9, 2015, preceded by a joint open public meeting of the Board Committees on December 8, 2015.

    Background: The Middle Class Tax Relief and Job Creation Act of 2012 (Act), Public Law 112-96, 126 Stat. 156 (2012), established FirstNet as an independent authority within the National Telecommunications and Information Administration that is headed by a Board. The Act directs FirstNet to ensure the building, deployment, and operation of a nationwide, interoperable public safety broadband network. The FirstNet Board is responsible for making strategic decisions regarding FirstNet's operations. The FirstNet Board held its first public meeting on September 25, 2012.

    Matters to be Considered: FirstNet will post detailed agendas of each meeting on its Web site, http://www.firstnet.gov, prior to the meetings. The agenda topics are subject to change. Please note that the subjects that will be discussed by the Committees and the Board may involve commercial or financial information that is privileged or confidential, personnel matters, or other legal matters affecting FirstNet. As such, the Committee chairs and Board Chair may call for a vote to close the meetings only for the time necessary to preserve the confidentiality of such information, pursuant to 47 U.S.C. 1424(e)(2).

    Times and Dates of Meetings: On December 8, 2015 between 8:00 a.m. and 3:30 p.m. CST, there will be a joint meeting of FirstNet's four Board Committees. The meeting of the Governance and Personnel, Finance, Technology, and Consultation and Outreach Committees will be open to the public from 8:00 a.m. to 10:00 a.m. CST. The FirstNet Committees will then go into a closed session from 10:00 a.m. to 3:30 p.m. The full FirstNet Board will hold an open public meeting on December 9, 2015 between 8:00 a.m. and 10:30 a.m. CST.

    Place: The meetings on December 8 and December 9, 2015 will be held at Hyatt Regency Houston, 1200 Louisiana Street, Houston, TX 77002.

    Other Information: These meetings are open to the public and press on a first-come, first-served basis. Space is limited. In order to get an accurate headcount, all expected attendees are asked to provide notice of intent to attend by sending an email to [email protected] If the number of RSVPs indicates that expected attendance has reached capacity, FirstNet will respond to all subsequent notices indicating that capacity has been reached and that in-person viewing may no longer be available but that the meeting may still be viewed by webcast as detailed below. For access to the meetings, valid government issued photo identification may be requested for security reasons.

    The meetings are accessible to people with disabilities. Individuals requiring accommodations, such as sign language interpretation or other ancillary aids, are asked to notify Monica Welham, Executive Assistant, FirstNet, at (571) 665-6144 or [email protected], at least five (5) business days before the applicable meeting(s).

    The meetings will also be webcast. Please refer to FirstNet's Web site at www.firstnet.gov for webcast instructions and other information. Viewers experiencing any issues with the live webcast may email [email protected] or call 202-684-3361 x9 for support. A variety of automated troubleshooting tests are also available via the “Troubleshooting Tips” button on the webcast player. The meetings will also be available to interested parties by phone. To be connected to the meetings in listen-only mode by telephone, please dial 888-968-4305 and passcode 7898932.

    Records: FirstNet maintains records of all Board proceedings. Minutes of the Board Meeting and the Committee meetings will be available at www.firstnet.gov.

    Dated: November 23, 2015. Eli Veenendaal, Attorney Advisor, First Responder Network Authority.
    [FR Doc. 2015-30273 Filed 11-27-15; 8:45 am] BILLING CODE 3510-TL-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0084, Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (“CFTC” or “Commission”) is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act (“PRA”), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collections of information mandated by Commission regulations 23.600 (Risk Management Program), 23.601 (Monitoring of Position Limits), 23.602 (Diligent Supervision), 23.603 (Business Continuity and Disaster Recovery) 23.606 (General Information: Availability for Disclosure and Inspection), and 23.607 (Antitrust Considerations).

    DATES:

    Comments must be submitted on or before January 29, 2016.

    ADDRESSES:

    You may submit comments, identified by “Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants,” and Collection Number 3038-0084 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 through the Portal.

    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 www.cftc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Adam Kezsbom, Special Counsel, 202-418-5372, [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:

    Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (“OMB”) for each collection of information they conduct or sponsor. “Collection of Information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below.

    Title: Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants (OMB Control No. 3038-0084). This is a request for an extension of a currently approved information collection.

    Abstract: On April 3, 2012 the Commission adopted Commission regulations 23.600 (Risk Management Program), 23.601 (Monitoring of Position Limits), 23.602 (Diligent Supervision), 23.603 (Business Continuity and Disaster Recovery) 23.606 (General Information: Availability for Disclosure and Inspection), and 23.607 (Antitrust Considerations) 1 pursuant to section 4s(j) 2 of the Commodity Exchange Act (“CEA”). The above regulations adopted by the Commission would, among other things, require swap dealers (“SD”) 3 and major swap participants (“MSP”) 4 to develop a risk management program (including a plan for business continuity and disaster recovery and policies and procedures designed to ensure compliance with applicable position limits). The Commission believes that the information collection obligations imposed by the above regulations are essential to ensuring that swap dealers and major swap participants maintain adequate and effective risk management programs and policies and procedures to ensure compliance with position limits. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    1 17 CFR 23.600, 23.601, 23.602, 23.603, 23. 606, 23.607.

    2 7 U.S.C. 6s(j).

    3 For the definition of SD, see section 1a(49) of the CEA and Commission regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg).

    4 For the definitions of MSP, see section 1a(33) of the CEA and Commission regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR 1.3(hhh).

    With respect to the collection of information, the CFTC invites comments on:

    • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use;

    • The accuracy of the Commission's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    • Ways to minimize the burden of 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.

    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.5

    5 17 CFR 145.9.

    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 information collection request 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.

    Burden Statement: The Commission is revising its estimate of the burden for this collection to reflect the current number of registered SDs and MSPs. The respondent burden for this collection is estimated to be as follows:

    Number of Registrants: 106.

    Estimated Average Burden Hours per Registrant: 1,148.5.

    Estimated Aggregate Burden Hours: 121,741.

    Frequency of Recordkeeping: As applicable.

    (Authority: 44 U.S.C. 3501 et seq.) Dated: November 23, 2015. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2015-30235 Filed 11-27-15; 8:45 am] BILLING CODE 6351-01-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0087, Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap Participants AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (“CFTC” or “Commission”) is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act (“PRA”), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collections of information mandated by Commission regulations 23.201 through 23.205 (Reporting, Recordkeeping, and Daily Trading Records Requirements For Swap Dealers and Major Swap Participants).

    DATES:

    Comments must be submitted on or before January 29, 2016.

    ADDRESSES:

    You may submit comments, identified by “Reporting, Recordkeeping, and Daily Trading Records Requirements For Swap Dealers and Major Swap Participants,” and Collection Number 3038-0087 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 through the Portal.

    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.

    FOR FURTHER INFORMATION CONTACT:

    Adam Kezsbom, Special Counsel, 202-418-5372, [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:

    Under the PRA,1 Federal agencies must obtain approval from the Office of Management and Budget (“OMB”) for each collection of information they conduct or sponsor. “Collection of Information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below.

    1 44 U.S.C. 3501 et seq.

    Title: Reporting, Recordkeeping, and Daily Trading Records Requirements For Swap Dealers and Major Swap Participants (OMB Control No. 3038-0087). This is a request for an extension of a currently approved information collection.

    Abstract: On April 3, 2012, the Commission adopted Commission regulations 23.201 through 23.205 (Reporting, Recordkeeping, and Daily Trading Records Requirements For Swap Dealers and Major Swap Participants) 2 pursuant to sections 4s(f) 3 and 4s(g) 4 of the Commodity Exchange Act (“CEA”).5 Commission regulations 23.201 through 23.205 require, among other things, swap dealers (“SD”) 6 and major swap participants (“MSP”) 7 to maintain transaction and position records of their swaps (including daily trading records) and to maintain specified business records (including records related to the governance and financial status of the swap dealer or major swap participant, complaints received by such SD or MSP and such SD or MSP's marketing and sales materials). They also require SDs and MSPs to report certain swap transaction data to swap data repositories, to satisfy certain real time public reporting requirements, and to maintain records of information reported to swap data depositories and for real time reporting purposes.8 The Commission believes that the information collection obligations imposed by Commission regulations 23.201 through 23.205 are necessary to implement sections 4s(f) and 4s(g) of the CEA, including ensuring that each SD and MSP maintains the required records of their business activities and an audit trail sufficient to conduct comprehensive and accurate trade reconstruction. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    2 17 CFR 23.201-23.205.

    3 7 U.S.C. 4s(f).

    4 7 U.S.C. 4s(g).

    5 77 FR 20128.

    6 For the definition of SD, see section 1a(49) of the CEA and Commission regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg).

    7 For the definitions of MSP, see section 1a(33) of the CEA and Commission regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR 1.3(hhh).

    8See 17 CFR 23.201-23.205.

    With respect to the collection of information, the CFTC invites comments on:

    • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use;

    • The accuracy of the Commission's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    • Ways to minimize the burden of 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.

    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.9

    9 17 CFR 145.9.

    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 information collection request 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.

    Burden Statement: The Commission is revising its estimate of the burden for this collection to reflect the current number of registered SDs and MSPs. The respondent burden for this collection is estimated to be as follows:

    Number of Registrants: 106.

    Estimated Average Burden Hours per Registrant: 2,096.

    Estimated Aggregate Burden Hours: 222,176.

    Frequency of Recordkeeping/Third Party Disclosure: Daily, or as applicable.

    There are no new capital costs or operating and maintenance costs associated with this collection.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: November 23, 2015. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2015-30236 Filed 11-27-15; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Charter Amendment of a Federal Advisory Committee.

    SUMMARY:

    The Department of Defense is publishing this notice to announce that it is amending the charter for the Board of Regents, Uniformed Services University of the Health Sciences (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    This committee's charter is being amended pursuant to 10 U.S.C. 2113a and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a).

    The Board is a statutory Federal advisory committee that assists the Secretary of Defense in an advisory capacity in carrying out the Secretary's responsibility to conduct the business of the Uniformed Services University of the Health Sciences (“the University”). The Board shall provide advice and recommendations on academic and administrative matters critical to the full accreditation and successful operation of the University.

    The DoD, through the Office of the USD(P&R), provides support for the performance of the Board's functions and ensures compliance with the requirements of the FACA, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) (“the Sunshine Act”), governing Federal statutes and regulations, and established DoD policies and procedures.

    Under the provisions of 10 U.S.C. 2113a(b), the Board shall be composed of 15 members, appointed or designated as follows:

    a. Nine persons outstanding in the field of health care, higher education administration, or public policy, who shall be appointed from civilian life by the Secretary of Defense;

    b. The Secretary of Defense, or his designee, who shall be an ex-officio member;

    c. The Surgeons General of the Uniformed Services, who shall be ex-officio members; and

    d. The President of the University, who shall be a non-voting, ex-officio member. As directed by 10 U.S.C. 2113a(c), the term of office for each member of the Board (other than ex-officio members) shall be six years except that:

    a. Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and,

    b. Any member whose term of office has expired shall continue to serve until his successor is appointed.

    In accordance with 10 U.S.C. 2113a(d), one of the members of the Board (other than an ex-officio member) shall be designated as Chair by the Secretary of Defense and shall be presiding officer of the Board.

    Board members that are not ex-officio members shall be appointed by the Secretary of Defense and their appointments will be renewed on an annual basis according to DoD policies and procedures.

    Those members appointed by the Secretary of Defense from civilian life provide their best judgment on the matters before the Board, based upon each individual's professional experience. Board members who are not full-time or permanent part-time Federal officers or employees will be appointed as experts or consultants pursuant to 5 U.S.C. 3109 to serve as special government employee (SGE) members. Board members who are full-time or permanent part-time Federal officers or employees will serve as regular government employee (RGE) members pursuant to 41 CFR 102-3.130(a). No member may serve more than two consecutive terms of service without Secretary of Defense or Deputy Secretary of Defense approval.

    Pursuant to 10 U.S.C. 2113a(e), Board members (other than ex-officio members), while attending conferences or meetings or while otherwise performing their duties as members, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Defense. Each member is reimbursed for travel and per diem as it pertains to official business of the Board.

    DoD, when necessary and consistent with the Board's mission and DoD policies and procedures, may establish subcommittees, task forces, or working groups to support the Board. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense, or the USD(P&R), as the Board's Sponsor.

    Such subcommittees will not work independently of the Board and will report all of their recommendations and advice solely to the Board for full and open deliberation and discussion. Subcommittees, task forces, or working groups have no authority to make decisions and recommendations, verbally or in writing, on behalf of the Board. No subcommittee or any of its members can update or report, verbally or in writing, on behalf of the Board, directly to the DoD or any Federal officers or employees. Each member, based upon his or her individual professional experience, provides his or her best judgment on the matters before the Board, and he or she does so in a manner that is free from conflict of interest. All subcommittee members will be appointed by the Secretary of Defense or the Deputy Secretary of Defense to a term of service of one-to-four years, with annual renewals, even if the individual is already a member of the Board. Subcommittee members will not serve more than two consecutive terms of service, unless authorized by the Secretary of Defense or the Deputy Secretary of Defense.

    Subcommittee members who are not full-time or permanent part-time Federal officers or employees will be appointed as an expert or consultant pursuant to 5 U.S.C. 3109, to serve as a SGE member. Subcommittee members who are full-time or permanent part-time Federal officers or employees will be appointed pursuant to 41 CFR 102-3.130(a), to serve as a RGE member. With the exception of reimbursement of official travel and per diem related to the Board or its subcommittees, subcommittee members will serve without compensation.

    All subcommittees operate under the provisions of FACA, the Sunshine Act, governing Federal statutes and regulations, and established DoD policies and procedures.

    The Board's Designated Federal Officer (DFO) must be a full-time or permanent part-time DoD officer or employee, designated in accordance with established DoD policies and procedures. The Board's DFO is required to be in attendance at all meetings of the Board and any subcommittees for the entire duration of each and every meeting. However, in the absence of the Board's DFO, a properly approved Alternate DFO duly designated to the Board according to established DoD policies and procedures, must attend the entire duration of all meetings of the Board and any subcommittees.

    The DFO, or the Alternate DFO, calls all meetings of the Board and its subcommittees; prepares and approves all meeting agendas; and adjourns any meeting when the DFO, or the Alternate DFO, determines adjournment to be in the public interest or required by governing regulations or DoD policies and procedures.

    Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board.

    All written statements shall be submitted to the DFO for the Board, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Board's DFO can be obtained from the GSA's FACA Database—http://www.facadatabase.gov/.

    The DFO, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Board. The DFO, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.

    Dated: November 24, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-30311 Filed 11-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2015-OS-0133] Proposed Collection; Comment Request AGENCY:

    Consolidated Adjudications Facility, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the DoD Consolidated Adjudications Facility Privacy Act Office announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by January 29, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Department of Defense Consolidated Adjudications Facility, Attn: E. A. Foster, Fort George Meade, Maryland 20755, or call the DoD CAF Privacy Act Office, at 301-833-3790.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: DoD Consolidations Facility Request for Records; OMB Control Number 0704-XXXX.

    Needs and Uses: The information collection requirement is necessary to ensure needed information is collected to positively identify individuals who request records regarding themselves that are maintained by the DoD Consolidated Adjudications Facility. These records will also be used in any Privacy Act appeals or related litigation. The Law Enforcement, Congressional Inquiries, Department of Justice for Litigation, National Archives and Records Administration, and Data Breach Remediation, and Routine Uses found at http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx. The DoD Consolidated Adjudications Facility Request for Records form will also be used to refer records under the release authority of another Federal Agency.

    Affected Public: Individuals or Households.

    Annual Burden Hours: 10.

    Number of Respondents: 120.

    Responses per Respondent: 1.

    Annual Responses: 120.

    Average Burden per Response: 5 minutes.

    Frequency: On occasion.

    Respondents are DoD Consolidated Adjudications Facility employees who collect records maintained in available databases, based on information provided on the DoD Consolidated Adjudications Facility Request for Records form by the requester. The completed form is included in the Privacy Act case file, and documents the validity of the request and the records provided for anyone reviewing the case file. If the form is not included in the case file, individuals reviewing the file cannot be readily assured of the records requested or that the requester provided all the required elements of a Privacy Act request.

    Dated: November 24, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-30306 Filed 11-27-15; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare a Draft Table Rock Lake Shoreline Management Plan Report and Environmental Impact Statement To Investigate Potential Significant Impacts, Either Positive or Negative, to Table Rock Lakes' Authorized Purposes of Flood Risk Management, Hydropower, Water Supply, Recreation, and Fish and Wildlife AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DOD.

    ACTION:

    Notice of Intent.

    SUMMARY:

    The Environmental Impact Statement (EIS) is being prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations (40 CFR, 1500-1517), and the USACE implementing regulation, Policy and Procedures for Implementing NEPA, Engineer Regulation (ER) 200-2-2 (1988). The study is being conducted in accordance with the requirements of 36 CFR 327.30, dated 27 July 1990 and ER 1130-2-406, dated 31 October 1990. The EIS will evaluate potential impacts (beneficial and adverse) to socioeconomic conditions, cultural and ecological resources, public access and safety, impacts to lake use, public parks and recreation, aesthetics, infrastructure, lake water quality, terrestrial and aquatic fish and wildlife habitats, federally-listed threatened and endangered species, and cumulative impacts associated with past, current, and reasonably foreseeable future actions at Table Rock Lake.

    ADDRESSES:

    Submit written comments to Mr. Bob Singleton, Biologist, U.S. Army Corps of Engineers, Planning and Environmental Division, Environmental Branch, Little Rock District, P.O. Box 867, Little Rock, AR 72203-0867. Comments will be accepted through December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For questions or comments regarding the Draft Table Rock Lake Shoreline Management Plan EIS, please contact Mr. Bob Singleton, (501) 324-5018 or email: [email protected].

    SUPPLEMENTARY INFORMATION:

    1. Table Rock Lake: Table Rock Lake is a multiple purpose water resource development project primarily for flood risk management and hydropower generation. Additional purposes include providing water storage to supply a fish hatchery (Pub. L. 86-93 of 1959); recreation and fish and wildlife mitigation, to the extent that those additional purposes do not adversely affect flood risk management, power generation, or other authorized purposes of the project (Flood Control Act of 1944 as amended in 1946, 1954, 1962, 1965 and 1968 and the Water Resources Act of 1996). Table Rock Lake is a major component of a comprehensive plan for water resource development in the White River Basin of Missouri and Arkansas. Additional beneficial uses include increased power output of downstream power stations resulting from the regulated flow from the Table Rock Lake project.

    2. Study Location: The Table Rock Lake Civil Works project on the White River is bordered by two States: southwest Missouri (Stone, Taney, and Barry counties) and northwest Arkansas (Boone and Carroll counties). The total area contained in the Table Rock project, including both land and water surface, consists of 62,207 acres. Of this total, 2,576 acres are in flowage easement. The region is characterized by narrow ridges between deeply cut valleys that are well wooded with deciduous trees and scattered pine and cedar. When the lake is at the top of the conservation pool, the water area comprises 42,560 acres and 742 miles of shoreline within fee. The shoreline is irregular with topography ranging from steep bluffs to gentle slopes.

    3. Study History: The original Table Rock Lake Shoreline Management Plan (also known as the Lakeshore Management Plan) was approved in April 1976. The SMP was reviewed, updated, and approved by the Division Engineer in May 1982. The SMP was supplemented in January 1988 and April 1989. The SMP was once again reviewed, updated, and approved by the Division Engineer in July 1990. The SMP was supplemented in August 1991 and in September 1992, the official conversion of a Lakeshore Management Plan to a SMP was approved by the District Engineer. The last review, update, and approval process of the Table Rock Lake SMP took place in March 1996.

    4. Scoping/Public Involvement. The Public Scoping process provides information about the study to the public, serves as a mechanism to solicit agency and public input on alternatives and issues of concern, and ensures full and open participation in Scoping and review of the Draft EIS. Comments received as a result of this notice and news releases will be used to assist the preparers in identifying potential impacts to the quality of the human or natural environment. The Corps invites other Federal agencies, Native American Tribes, State and local agencies and officials, private organizations, and interested individuals to participate in the Scoping process by forwarding written comments to (see ADDRESSES). Interested parties may also request to be included on the mailing list for public distribution of announcements and documents.

    5. Issues/Alternatives: The EIS will evaluate effects from a range of alternatives developed to address potential environmental concerns of the area. Anticipated significant issues to be addressed in the EIS include impacts on: (1) hydropower, (2) flooding, (3) recreation, (4) water supply, (5) fish and wildlife resources and habitats, and (6), other impacts identified by the public, agencies or USACE studies.

    6. Availability of the Draft EIS: The Draft Environmental Impact Statement is anticipated to be available for public review in the spring of 2017, subject to the receipt of Federal funding.

    Courtney W. Paul, Colonel, US Army, District Engineer.
    [FR Doc. 2015-30155 Filed 11-27-15; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0110] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Pell for Students Who Are Incarcerated Experimental Site Initiative 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 3501 et seq.), ED is proposing a new information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 30, 2015.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2015-ICCD-0110. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E103, Washington, DC 20202-4537.

    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: Pell for Students who are Incarcerated Experimental Site Initiative.

    OMB Control Number: 1845-NEW.

    Type of Review: A new information collection.

    Respondents/Affected Public: Private Sector, State, Local and Tribal Government.

    Total Estimated Number of Annual Responses: 100.

    Total Estimated Number of Annual Burden Hours: 7,500.

    Abstract: Through the Pell for Students who are Incarcerated experiment (also known as Second Chance Pell) the Department of Education will provide selected eligible postsecondary institutions with a waiver to the current statutory ban on incarcerated individuals, who are otherwise eligible, from receiving Federal Pell Grant funds to attend eligible postsecondary programs. The experiment aims to test whether participation in high-quality educational opportunities increases after access to financial aid for incarcerated adults is expanded and to examine how waiving the restriction influences individual academic and life outcomes.

    Dated: November 24, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-30257 Filed 11-27-15; 8:45 am] BILLING CODE 4000-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 14, 2015.

    A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Child's Disclaimer Trust, Dolph Briscoe IV Trust and James Leigh Briscoe Trust; Janey B. Marmion, Uvalde, Texas, individually and as trustee of the Janey B. Marmion Revocable Trust and the Janey B. Marmion Child's Trust No. 2; Cele B. Carpenter, Dallas, Texas, individually and as trustee of the Cele B. Carpenter Child's Disclaimer Trust and Cele B. Carpenter 2008 Trust; John W. Carpenter, III, Dallas, Texas, trustee of the Benjamin H. Carpenter 2012 Legacy Trust, Austin W. Carpenter 2012 Legacy Trust and Bonner B. Carpenter 2012 Legacy Trust; Dolph Briscoe, IV, Austin, Texas; James Leigh Briscoe, Uvalde, Texas; Benjamin H. Carpenter, II, Dallas, Texas; Austin W. Carpenter, Dallas, Texas; and Bonner B. Carpenter, Dallas, Texas; collectively acting as a group in concert, to retain voting shares of Briscoe Ranch, Inc., Uvalde, Texas, and indirectly acquire voting shares of First State Bank of Uvalde, Uvalde, Texas and Security State Bank, Pearsall, Texas.

    Board of Governors of the Federal Reserve System, November 24, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-30289 Filed 11-27-15; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1649-N] Medicare Program; Announcement of the Advisory Panel on Hospital Outpatient Payment (HOP Panel) Meeting on March 14-15, 2016 AGENCY:

    Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces a meeting of the Advisory Panel on Hospital Outpatient Payment (the Panel) for March 14-15, 2016. The purpose of the Panel is to advise the Secretary of the Department of Health and Human Services (DHHS) (the Secretary) and the Administrator of the Centers for Medicare & Medicaid Services (CMS) (the Administrator) on the clinical integrity of the Ambulatory Payment Classification (APC) groups and their associated weights and hospital outpatient therapeutic services supervision issues.

    DATES:

    Meeting Dates: The first semi-annual meeting in 2016 is scheduled for the following dates and times. The times listed in this notice are Eastern Daylight Time (EDT) and are approximate times; consequently, the meetings may last longer or shorter than the times listed in this notice, but will not begin before the posted times:

    • Monday, March 14, 2016, 9 a.m. to 5 p.m. EDT

    • Tuesday, March 15, 2016, 9 a.m. to 5 p.m. EDT

    Meeting Information Updates:

    The actual meeting hours and days will be posted in the agenda. The Panel meeting will be conducted only via teleconference and webcast. The teleconference agenda, dial-in instructions, and related webcast and webinar details will be posted on the CMS Web site approximately 1 week prior to the meeting at: http://cms.hhs.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html.

    We note that this is a teleconference-only meeting. There will not be an in-person meeting location for this public Panel meeting.

    Deadlines:

    Deadline for Presentations and Comments:

    Presentations and comments may be submitted by email to the Designated Federal Official's (DFO's) email inbox ([email protected]). If necessary, presentations and comments can instead be mailed to the Designated Federal Official at the address provided below. Presentations or comments and form CMS-20017, (located at http://www.cms.hhs.gov/cmsforms/downloads/cms20017.pdf) must be received by 5 p.m. EDT, Friday, January 29, 2016. Presentations and comments that are not received by the due date will be considered late and will not be included on the agenda. In commenting, please refer to file code CMS-1638-N. For this teleconference, we are aiming to have all presentations and comments available on the CMS Web site. Materials on the CMS Web site must be 508 compliant to ensure access to federal employees and members of the public with and without disabilities. We therefore encourage presenters and commenters to refer to guidance on making documents Section 508 compliant as they draft their submissions, and, whenever possible, to submit their presentations and comments in a 508 compliant form. Such guidance is available at http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/508-Compliant-doc.html. CMS will review presentations and comments for 508 compliance, and place compliant materials on its Web site. As resources permit, CMS will also convert non-compliant submissions to 508 compliant forms, and offer assistance to submitters who wish to make their submissions 508 compliant. All non-compliant materials will be available to the public upon request. Those wishing to access such materials should contact the Designated Federal Official and her address, email and phone number are provided below.

    Meeting Registration Timeframe:

    Registration is not required to participate in this teleconference public meeting. Interested participants will be able to access the teleconference, webcast, and webinar by following the instructions on the above referenced CMS Web site.

    Meeting Webinar, Webcast, and Teleconference:

    The public may participate in this meeting via webinar, webcast or by teleconference. During the scheduled meeting, webcasting is accessible online at: http://cms.gov/live. Webinar and teleconference dial-in information will appear on the final meeting agenda, which will be posted on the CMS Web site about 1 week prior to the meeting at: http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html.

    FOR FURTHER INFORMATION CONTACT:

    Designated Federal Official (DFO):

    Carol Schwartz, DFO, 7500 Security Boulevard, Mail Stop: C4-04-25, Woodlawn, MD 21244-1850. Phone: (410) 786-3985. Email: [email protected]

    Send email copies to the following address: Email: [email protected]

    News Media:

    Representatives must contact our Public Affairs Office at (202) 690-6145.

    Advisory Committees' Information Lines:

    The phone number for the CMS Federal Advisory Committee Hotline is (410) 786-3985.

    Web sites:

    For additional information on the Panel and updates to the Panel's activities, we refer readers to view our Web site at: http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html.

    Information about the Panel and its membership in the Federal Advisory Committee Act (FACA) database are also located at: http://facadatabase.gov/.

    SUPPLEMENTARY INFORMATION: I. Background

    The Secretary of the Department of Health and Human Services (DHHS) (the Secretary) is required by section 1833(t)(9)(A) of the Social Security Act (the Act) and is allowed by section 222 of the Public Health Service Act (PHS Act) to consult with an expert outside panel, that is, the Advisory Panel on Hospital Outpatient Payment (the Panel) regarding the clinical integrity of the Ambulatory Payment Classification (APC) groups and relative payment weights and hospital outpatient therapeutic services supervision issues. The Panel is governed by the provisions of the Federal Advisory Committee Act (Pub. L. 92-463), as amended (5 U.S.C. Appendix 2), to set forth standards for the formation and use of advisory panels.

    The Charter provides that the Panel shall meet up to 3 times annually. We consider the technical advice provided by the Panel as we prepare the proposed and final rules to update the outpatient prospective payment system (OPPS).

    II. Agenda

    The agenda for the March 14, 2016 through March 15, 2016, meeting will provide for discussion and comment on the following topics as designated in the Panel's Charter:

    • Addressing whether procedures within an APC group are similar both clinically and in terms of resource use.

    • Evaluating APC group weights.

    • Reviewing the packaging of OPPS services and costs, including the methodology and the impact on APC groups and payment.

    • Removing procedures from the inpatient-only list for payment under the OPPS.

    • Using single and multiple procedure claims data for CMS' determination of APC group weights.

    • Addressing other technical issues concerning APC group structure.

    • Recommending the appropriate supervision level (general, direct, or personal) for individual hospital outpatient therapeutic services.

    The Agenda will be posted on the CMS Web site at http://cms.hhs.gov/Regulations-and-Guidance/Guidance/FACA/AdvisoryPanelonAmbulatoryPaymentClassificationGroups.html approximately 1 week before the meeting.

    III. Presentations

    The subject matter of any presentation and/or comment matter must be within the scope of the Panel designated in the Charter. Any presentations or comments outside of the scope of this Panel will be returned or requested for amendment. Unrelated topics include, but are not limited to, the conversion factor, charge compression, revisions to the cost report, pass-through payments, correct coding, new technology applications (including supporting information/documentation), provider payment adjustments, supervision of hospital outpatient diagnostic services and the types of practitioners that are permitted to supervise hospital outpatient services. The Panel may not recommend that services be designated as nonsurgical extended duration therapeutic services.

    The Panel may use data collected or developed by entities and organizations other than DHHS and CMS in conducting its review. We recommend organizations submit data for CMS staff and the Panel's review.

    All presentations are limited to 5 minutes, regardless of the number of individuals or organizations represented by a single presentation. Presenters may use their 5 minutes to represent either one or more agenda items. All 508 compliant presentations and comments will be placed on the CMS Web site. For guidance on making documents Section 508 compliant, we refer readers to http://www.cms.gov/Research-Statistics-Data-and-Systems/CMS-Information-Technology/Section508/508-Compliant-doc.html. All non-508 compliant presentations and comments will be available to the public upon request. Those wishing to access such materials should contact the Designated Federal Official and her address, email and phone number are provided above in the section that provides contact information.

    In order to consider presentations and/or comments, we will need to receive the following:

    1. An email copy of the presentation or comments sent to the DFO mailbox, [email protected] or, if unable to submit by email, a hard copy sent to the Designated Federal Official at the address noted under For Further Information Contact.

    2. Form CMS-20017 with complete contact information that includes name, address, phone number, and email addresses for all presenters and commenters and a contact person that can answer any questions and or provide revisions that are requested for the presentation. Presenters and commenters must clearly explain the actions that they are requesting CMS to take in the appropriate section of the form. A presenter's/commenter's relationship with the organization that they represent must also be clearly listed.

    • The form is now available through the CMS Forms Web site. The Uniform Resource Locator (URL) for linking to this form is as follows: http://www.cms.hhs.gov/cmsforms/downloads/cms20017.pdf.

    • We encourage presenters to make efforts to ensure that their presentations and comments are 508 compliant.

    IV. Oral Comments

    In addition to formal oral presentations, which are limited to 5 minutes total per presentation, there will be an opportunity during the meeting for public oral comments, which will be limited to 1 minute for each individual and a total of 3 minutes per organization.

    V. Meeting Participation

    This is a teleconference-only meeting. The Panel meeting format is teleconference, webcast, and webinar. There will not be an in-person meeting location for this public Panel meeting. In addition, no meeting registration is required to access the meeting.

    VIII. Panel Recommendations and Discussions

    The Panel's recommendations at any Panel meeting generally are not final until they have been reviewed and approved by the Panel on the last day of the meeting, before the final adjournment. These recommendations will be posted to our Web site after the meeting.

    IX. Collection of Information Requirements

    This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: November 12, 2015. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-30315 Filed 11-27-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1634-N] Medicare Program; Town Hall Meeting on the FY 2017 Applications for New Medical Services and Technologies Add-On Payments AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice of meeting.

    SUMMARY:

    This notice announces a Town Hall meeting in accordance with section 1886(d)(5)(K)(viii) of the Social Security Act (the Act) to discuss fiscal year (FY) 2017 applications for add-on payments for new medical services and technologies under the hospital inpatient prospective payment system (IPPS). Interested parties are invited to this meeting to present their comments, recommendations, and data regarding whether the FY 2017 new medical services and technologies applications meet the substantial clinical improvement criterion.

    DATES:

    Meeting Date: The Town Hall Meeting announced in this notice will be held on Tuesday, February 16, 2016. The Town Hall Meeting will begin at 9:00 a.m. Eastern Standard Time (e.s.t.) and check-in will begin at 8:30 a.m. e.s.t.

    Deadline for Registration for Participants (not Presenting) at the Town Hall Meeting and Submitting Requests for Special Accommodations: The deadline to register to attend the Town Hall Meeting and submit requests for special accommodations is 5:00 p.m., e.s.t. on Tuesday, February 2, 2016.

    Deadline for Registration of Presenters at the Town Hall Meeting: The deadline to register to present at the Town Hall Meeting is 5:00 p.m., e.s.t. on Monday, February 1, 2016.

    Deadline for Submission of Agenda Item(s) or Written Comments for the Town Hall Meeting: Written comments and agenda items for discussion at the Town Hall Meeting, including agenda items by presenters, must be received by 5:00 p.m. e.s.t. on Monday, February 1, 2016. In addition to materials submitted for discussion at the Town Hall Meeting, individuals may submit other written comments after the Town Hall Meeting, as specified in the ADDRESSES section of this notice, on whether the service or technology represents a substantial clinical improvement. These comments must be received by 5:00 p.m. e.s.t. on Friday, February 26, 2016, for consideration in the FY 2017 IPPS proposed rule.

    ADDRESSES:

    Meeting Location: The Town Hall Meeting will be held in the main Auditorium in the central building of the Centers for Medicare and Medicaid Services located at 7500 Security Boulevard, Baltimore, MD 21244-1850.

    In addition, we are providing two alternatives to attending the meeting in person—(1) there will be an open toll-free phone line to call into the Town Hall Meeting; or (2) participants may view and participate in the Town Hall Meeting via live stream technology or webinar. Information on these options is discussed in section II.B. of this notice.

    Registration and Special Accommodations: Individuals wishing to participate in the meeting must register by following the on-line registration instructions located in section III. of this notice or by contacting staff listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Individuals who need special accommodations should contact staff listed in the FOR FURTHER INFORMATION CONTACT section of this notice.

    Submission of Agenda Item(s) or Written Comments for the Town Hall Meeting: Each presenter must submit agenda item(s) regarding whether a FY 2017 application meets the substantial clinical improvement criterion. Agenda items, written comments, questions or other statements must not exceed three single-spaced typed pages and may be sent via email to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Michael Treitel, (410) 786-4552, [email protected], or Noel Manlove, (410) 786-5161, [email protected]

    Alternatively, you may forward your requests via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background on the Add-On Payments for New Medical Services and Technologies Under the IPPS

    Sections 1886(d)(5)(K) and (L) of the Social Security Act (the Act) require the Secretary to establish a process of identifying and ensuring adequate payments to acute care hospitals for new medical services and technologies under Medicare. Effective for discharges beginning on or after October 1, 2001, section 1886(d)(5)(K)(i) of the Act requires the Secretary to establish (after notice and opportunity for public comment) a mechanism to recognize the costs of new services and technologies under the hospital inpatient prospective payment system (IPPS). In addition, section 1886(d)(5)(K)(vi) of the Act specifies that a medical service or technology will be considered “new” if it meets criteria established by the Secretary (after notice and opportunity for public comment). (See the fiscal year (FY) 2002 IPPS proposed rule (66 FR 22693, May 4, 2001) and final rule (66 FR 46912, September 7, 2001) for a more detailed discussion.)

    In the September 7, 2001 final rule (66 FR 46914), we noted that we evaluated a request for special payment for a new medical service or technology against the following criteria in order to determine if the new technology meets the substantial clinical improvement requirement:

    • The device offers a treatment option for a patient population unresponsive to, or ineligible for, currently available treatments.

    • The device offers the ability to diagnose a medical condition in a patient population where that medical condition is currently undetectable or offers the ability to diagnose a medical condition earlier in a patient population than allowed by currently available methods. There must also be evidence that use of the device to make a diagnosis affects the management of the patient.

    • Use of the device significantly improves clinical outcomes for a patient population as compared to currently available treatments. Some examples of outcomes that are frequently evaluated in studies of medical devices are the following:

    ++ Reduced mortality rate with use of the device.

    ++ Reduced rate of device-related complications.

    ++ Decreased rate of subsequent diagnostic or therapeutic interventions (for example, due to reduced rate of recurrence of the disease process).

    ++ Decreased number of future hospitalizations or physician visits.

    ++ More rapid beneficial resolution of the disease process treatment because of the use of the device.

    ++ Decreased pain, bleeding or other quantifiable symptoms.

    ++ Reduced recovery time.

    In addition, we indicated that the requester is required to submit evidence that the technology meets one or more of these criteria.

    Section 503 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) amended section 1886(d)(5)(K)(viii) of the Act to revise the process for evaluating new medical services and technology applications by requiring the Secretary to do the following:

    • Provide for public input regarding whether a new service or technology represents an advance in medical technology that substantially improves the diagnosis or treatment of Medicare beneficiaries before publication of a proposed rule.

    • Make public and periodically update a list of all the services and technologies for which an application is pending.

    • Accept comments, recommendations, and data from the public regarding whether the service or technology represents a substantial improvement.

    • Provide for a meeting at which organizations representing hospitals, physicians, manufacturers and any other interested party may present comments, recommendations, and data to the clinical staff of CMS as to whether the service or technology represents a substantial improvement before publication of a proposed rule.

    The opinions and presentations provided during this meeting will assist us as we evaluate the new medical services and technology applications for FY 2017. In addition, they will help us to evaluate our policy on the IPPS new technology add-on payment process before the publication of the FY 2017 IPPS proposed rule.

    II. Town Hall Meeting and Conference Calling/Live Streaming Information A. Format of the Town Hall Meeting

    As noted in section I. of this notice, we are required to provide for a meeting at which organizations representing hospitals, physicians, manufacturers and any other interested party may present comments, recommendations, and data to the clinical staff of CMS concerning whether the service or technology represents a substantial clinical improvement. This meeting will allow for a discussion of the substantial clinical improvement criteria for each of the FY 2017 new medical services and technology add-on payment applications. Information regarding the applications can be found on our Web site at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html.

    The majority of the meeting will be reserved for presentations of comments, recommendations, and data from registered presenters. The time for each presenter's comments will be approximately 10 to 15 minutes and will be based on the number of registered presenters. Presenters will be scheduled to speak in the order in which they register and grouped by new technology applicant. Therefore, individuals who would like to present must register and submit their agenda item(s) via email to [email protected] by the date specified in the DATES section of this notice.

    In addition, written comments will also be accepted and presented at the meeting if they are received via email to [email protected] by the date specified in the DATES section of this notice. Written comments may also be submitted after the meeting for our consideration. If the comments are to be considered before the publication of the proposed rule, the comments must be received via email to [email protected] by the date specified in the DATES section of this notice.

    B. Conference Call, Live Streaming, and Webinar Information

    For participants who cannot attend the Town Hall Meeting in person, an open toll-free phone line, (877) 267-1577, has been made available. The Meeting Place meeting ID is 998-698-471.

    Also, there will be an option to view and participate in the Town Hall Meeting via live streaming technology or a webinar. Information on the option to participate via live streaming technology or a webinar will be provided through an upcoming listserv notice and posted on the New Technology Web site at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html. Continue to check the Web site for updates.

    C. Disclaimer

    We cannot guarantee reliability for live streaming technology or a webinar.

    III. Registration Instructions

    The Division of Acute Care in CMS is coordinating the meeting registration for the Town Hall Meeting on substantial clinical improvement. While there is no registration fee, individuals planning to attend the Town Hall Meeting in person must register to attend.

    Registration may be completed on-line at the following Web address: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html. Select the link at the bottom of the page “Register to Attend the New Technology Town Hall Meeting”. After completing the registration, on-line registrants should print the confirmation page(s) and bring it with them to the meeting(s).

    If you are unable to register on-line, you may register by sending an email to [email protected] Please include your name, address, telephone number, email address and fax number. If seating capacity has been reached, you will be notified that the meeting has reached capacity.

    IV. Security, Building, and Parking Guidelines

    Because this meeting will be located on Federal property, for security reasons, any persons wishing to attend this meeting must register by the date specified in the DATES section of this notice. Please allow sufficient time to go through the security checkpoints. It is suggested that you arrive at 7500 Security Boulevard no later than 8:30 a.m. e.s.t. if you are attending the Town Hall Meeting in person so that you will be able to arrive promptly for the meeting.

    Security measures include the following:

    • Presentation of government-issued photographic identification to the Federal Protective Service or Guard Service personnel. The Real ID Act of 2005 (Pub. L. 109-13), establishes minimum standards for the issuance of state-issued driver's licenses and identification (ID) cards. It prohibits Federal agencies from accepting an official driver's license or ID card from a state unless the Department of Homeland Security determines that the state is in compliance with the Real ID Act. (For information regarding the states or territories that are not in compliance with the Real ID Act see http://www.dhs.gov/real-id-enforcement-brief.) If a state or territory is listed on the http://www.dhs.gov/real-id-enforcement-brief Web site as non-compliant, a photographic ID (such as a driver's license) issued by one of those states or territories will not be accepted as identification to enter Federal buildings. Visitors from these states/territories will need to provide alternative proof of identification (such as a passport) to gain entrance into Baltimore-based CMS buildings.

    • Inspection of vehicle's interior and exterior (this includes engine and trunk inspection) at the entrance to the grounds. Parking permits and instructions will be issued after the vehicle inspection.

    • Inspection, via metal detector or other applicable means of all persons entering the building. We note that all items brought into CMS, whether personal or for the purpose of presentation or to support a presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for presentation or to support a presentation.

    Note:

    Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building earlier than 45 minutes prior to the convening of the meeting.

    All visitors must be escorted in all areas other than the lower level lobby and cafeteria area and first floor auditorium and conference areas in the Central Building. Seating capacity is limited to the first 250 registrants.

    Authority:

    Section 503 of Pub. L. 108-173.

    Dated: November 12, 2015. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services.
    [FR Doc. 2015-30314 Filed 11-27-15; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Psychopharmacologic Drugs Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.

    Name of Committee: Psychopharmacologic Drugs Advisory Committee.

    General Function of the Committee: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time:

    The meeting will be held on February 3, 2016, from 8 a.m. to 5 p.m.

    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD 20993-0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    Contact Person: Kalyani Bhatt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, [email protected], or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    Agenda: During the morning session, the committee will discuss cognitive dysfunction in major depressive disorder (MDD). This is an evolving concept and experts in the field have not yet reached consensus as to whether cognitive dysfunction in MDD is a distinct entity. The committee will consider the clinical presentation of cognitive dysfunction in MDD, as well as methods for assessing this condition.

    During the afternoon session, the committee will discuss new drug application 204447/supplemental new drug application 006, for the effectiveness of vortioxetine for the treatment of cognitive dysfunction in MDD, submitted by Takeda Development Center Americas, Inc.

    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting link.

    Procedure: Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before January 20, 2016. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before January 11, 2016. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by January 12, 2016.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact Kalyani Bhatt at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: November 23, 2015. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2015-30296 Filed 11-27-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Vaccine Injury Compensation Program; List of Petitions Received AGENCY:

    Health Resources and Services Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Health Resources and Services Administration (HRSA) is publishing this notice of petitions received under the National Vaccine Injury Compensation Program (the Program), as required by Section 2112(b)(2) of the Public Health Service (PHS) Act, as amended. While the Secretary of Health and Human Services is named as the respondent in all proceedings brought by the filing of petitions for compensation under the Program, the United States Court of Federal Claims is charged by statute with responsibility for considering and acting upon the petitions.

    FOR FURTHER INFORMATION CONTACT:

    For information about requirements for filing petitions, and the Program in general, contact the Clerk, United States Court of Federal Claims, 717 Madison Place, NW., Washington, DC 20005, (202) 357-6400. For information on HRSA's role in the Program, contact the Director, National Vaccine Injury Compensation Program, 5600 Fishers Lane, Room 11C-26, Rockville, MD 20857; (301) 443-6593, or visit our Web site at: http://www.hrsa.gov/vaccinecompensation/index.html.

    SUPPLEMENTARY INFORMATION:

    The Program provides a system of no-fault compensation for certain individuals who have been injured by specified childhood vaccines. Subtitle 2 of Title XXI of the PHS Act, 42 U.S.C. 300aa-10 et seq., provides that those seeking compensation are to file a petition with the U.S. Court of Federal Claims and to serve a copy of the petition on the Secretary of Health and Human Services, who is named as the respondent in each proceeding. The Secretary has delegated this responsibility under the Program to HRSA. The Court is directed by statute to appoint special masters, who take evidence, conduct hearings as appropriate, and make initial decisions as to eligibility for, and amount of, compensation.

    A petition may be filed with respect to injuries, disabilities, illnesses, conditions, and deaths resulting from vaccines described in the Vaccine Injury Table (the Table) set forth at 42 CFR 100.3. This Table lists for each covered childhood vaccine the conditions that may lead to compensation and, for each condition, the time period for occurrence of the first symptom or manifestation of onset or of significant aggravation after vaccine administration. Compensation may also be awarded for conditions not listed in the Table and for conditions that are manifested outside the time periods specified in the Table, but only if the petitioner shows that the condition was caused by one of the listed vaccines.

    Section 2112(b)(2) of the PHS Act, 42 U.S.C. 300aa-12(b)(2), requires that “[w]ithin 30 days after the Secretary receives service of any petition filed under section 2111 the Secretary shall publish notice of such petition in the Federal Register.” Set forth below is a list of petitions received by HRSA on October 1, 2015, through October 31, 2015. This list provides the name of petitioner, city and state of vaccination (if unknown then city and state of person or attorney filing claim), and case number. In cases where the Court has redacted the name of a petitioner and/or the case number, the list reflects such redaction.

    Section 2112(b)(2) also provides that the special master “shall afford all interested persons an opportunity to submit relevant, written information” relating to the following:

    1. The existence of evidence “that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition,” and

    2. Any allegation in a petition that the petitioner either:

    a. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition not set forth in the Vaccine Injury Table but which was caused by” one of the vaccines referred to in the Table, or

    b. “[S]ustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table the first symptom or manifestation of the onset or significant aggravation of which did not occur within the time period set forth in the Table but which was caused by a vaccine” referred to in the Table.

    In accordance with Section 2112(b)(2), all interested persons may submit written information relevant to the issues described above in the case of the petitions listed below. Any person choosing to do so should file an original and three (3) copies of the information with the Clerk of the U.S. Court of Federal Claims at the address listed above (under the heading “For Further Information Contact”), with a copy to HRSA addressed to Director, Division of Injury Compensation Programs, Healthcare Systems Bureau, 5600 Fishers Lane, Room 11C-26, Rockville, MD 20857. The Court's caption (Petitioner's Name v. Secretary of Health and Human Services) and the docket number assigned to the petition should be used as the caption for the written submission. Chapter 35 of title 44, United States Code, related to paperwork reduction, does not apply to information required for purposes of carrying out the Program. Dated: November 19, 2015. James Macrae, Acting Administrator. List of Petitions Filed 1. Maria Crespo on behalf of N. S., Cooper City, Florida, Court of Federal Claims No: 15-1100V 2. Loraine Herod, Cleveland, Ohio, Court of Federal Claims No: 15-1101V 3. Linda Gusky, Mt. Pleasant, Pennsylvania, Court of Federal Claims No: 15-1102V 4. David Helton, McKinney, Texas, Court of Federal Claims No: 15-1105V 5. Joanne Falk, Gaithersburg, Maryland, Court of Federal Claims No: 15-1106V 6. Karen Jehlen, Sussex, New Jersey, Court of Federal Claims No: 15-1107V 7. Galen L. Strong, Charlottesville, Virginia, Court of Federal Claims No: 15-1108V 8. Dennis Vivians, Chicago, Illinois, Court of Federal Claims No: 15-1111V 9. Dorothy Handel, Sterling, Illinois, Court of Federal Claims No: 15-1112V 10. Glenda Neher, Oklahoma City, Oklahoma, Court of Federal Claims No: 15-1114V 11. James A. Gustafson, El Jebel, Colorado, Court of Federal Claims No: 15-1115V 12. Jeanette Phillips, Boston, Massachusetts, Court of Federal Claims No: 15-1118V 13. Conception Plevak, Milwaukee, Wisconsin, Court of Federal Claims No: 15-1119V 14. Rachal P. LaPrairie, Alexandria, Louisiana, Court of Federal Claims No: 15-1120V 15. Seth Burk, Danville, Pennsylvania, Court of Federal Claims No: 15-1123V 16. Ashley House, Jacksonville, Florida, Court of Federal Claims No: 15-1124V 17. Ellyson Ostrovsky, Beachwood, Ohio, Court of Federal Claims No: 15-1125V 18. Thomas Simkiss, Newtown, Pennsylvania, Court of Federal Claims No: 15-1127V 19. Kathleen Heyer, Cedar Rapids, Iowa, Court of Federal Claims No: 15-1128V 20. Jamie Saracino, Dade City, Florida, Court of Federal Claims No: 15-1129V 21. James Woodward, Baltimore, Maryland, Court of Federal Claims No: 15-1130V 22. Susanne Whirley, Baxter, Minnesota, Court of Federal Claims No: 15-1131V 23. Denise Guzman, Whittier, California, Court of Federal Claims No: 15-1133V 24. Marvin Bradley Knight, Springfield, Missouri, Court of Federal Claims No: 15-1134V 25. Robert Leonard, Napa, California, Court of Federal Claims No: 15-1135V 26. Andrew Elefant, Lafayette, California, Court of Federal Claims No: 15-1136V 27. Pitey Morgan, Boston, Massachusetts, Court of Federal Claims No: 15-1137V 28. Janice DeWall, St. Louis Park, Minnesota, Court of Federal Claims No: 15-1138V 29. Ana Tan, Humble, Texas, Court of Federal Claims No: 15-1141V 30. Ashok Patel, Alexandria, California, Court of Federal Claims No: 15-1143V 31. Lacy Miron on behalf of M. M., Eugene, Oregon, Court of Federal Claims No: 15-1144V 32. Jessica Reape, Fort Drum, New York, Court of Federal Claims No: 15-1146V 33. Sharon Nathans, Encinitas, California, Court of Federal Claims No: 15-1147V 34. Alyce Schwenn, Milwaukee, Wisconsin, Court of Federal Claims No: 15-1148V 35. John Scannell, Oak Lawn, Illinois, Court of Federal Claims No: 15-1149V 36. Albert Arias, Orange, Connecticut, Court of Federal Claims No: 15-1150V 37. Mazie Lawson, Versailles, Kentucky, Court of Federal Claims No: 15-1152V 38. Juana Olga Durand on behalf of Jorge Antonio Durand, Deceased, Hollywood, Florida, Court of Federal Claims No: 15-1153V 39. Maurice Hoss, Meridian, Idaho, Court of Federal Claims No: 15-1154V 40. Debra Daniels, Newport Beach, California, Court of Federal Claims No: 15-1155V 41. Allison Villafane, Stoney Brook, New York, Court of Federal Claims No: 15-1156V 42. Lisa Stuffle, Boston, Massachusetts, Court of Federal Claims No: 15-1159V 43. Robert Boyer, Boston, Massachusetts, Court of Federal Claims No: 15-1160V 44. Christina Coffey and James Coffey on behalf of E. C., Lakeland, Florida, Court of Federal Claims No: 15-1161V 45. Dione Mitchell, Brandon, Florida, Court of Federal Claims No: 15-1162V 46. David Powell, Seneca, South Carolina, Court of Federal Claims No: 15-1164V 47. Kathryn S. Leffler, Elgin, Illinois, Court of Federal Claims No: 15-1165V 48. Richard C. Zug and Laura C. Zug on behalf of T. E. Z., Raleigh, North Carolina, Court of Federal Claims No: 15-1166V 49. Ramona Knorr, Knoxville, Tennessee, Court of Federal Claims No: 15-1169V 50. Audrey M. Abbott, Elgin, Illinois, Court of Federal Claims No: 15-1170V 51. Carol A. Marsyla, Stillwater, Minnesota, Court of Federal Claims No: 15-1172V 52. Maheshchan Inamdar, Wellesley Hills, Massachusetts, Court of Federal Claims No: 15-1173V 53. Colt Sanders, Dallas, Texas, Court of Federal Claims No: 15-1174V 54. Jeffrey Jarvis and Jessica Tomei on behalf of S. C. G. J., Berkeley, California, Court of Federal Claims No: 15-1176V 55. Marlene M. Nottage, Lakewood, Ohio, Court of Federal Claims No: 15-1177V 56. Joni Marco, El Cajon, California, Court of Federal Claims No: 15-1178V 57. Mary Radhakrishnan, Orange Park, Florida, Court of Federal Claims No: 15-1179V 58. Cinthia Van Alst on behalf of J. V., Phoenix, Arizona, Court of Federal Claims No: 15-1180V 59. Diane Odean Patrick, Scottsdale, Arizona, Court of Federal Claims No: 15-1181V 60. Joseph Grimaudo, Odessa, Florida, Court of Federal Claims No: 15-1182V 61. Ronny Dean Linebarger, Fort Worth, Texas, Court of Federal Claims No: 15-1185V 62. Mandy Bangerter on behalf of D. B., Cheyenne, Wyoming, Court of Federal Claims No: 15-1186V 63. Roosevelt Harper, Boston, Massachusetts, Court of Federal Claims No: 15-1188V 64. Alicia Lusk, Jacksonville, Florida, Court of Federal Claims No: 15-1190V 65. Victoria Thompson, La Plata, Maryland, Court of Federal Claims No: 15-1192V 66. Huest Swilley, Pensacola, Florida, Court of Federal Claims No: 15-1193V 67. William Smith, Middleburg Heights, Ohio, Court of Federal Claims No: 15-1194V 68. Deborah Bohm, Grovetown, Georgia, Court of Federal Claims No: 15-1195V 69. Justin Diaz on behalf of D. J. D., Panama City, Florida, Court of Federal Claims No: 15-1196V 70. Mark Thomann, Chicago, Illinois, Court of Federal Claims No: 15-1199V 71. Gary Willingham, Houston, Texas, Court of Federal Claims No: 15-1204V 72. Shirley Epps, Trappe, Pennsylvania, Court of Federal Claims No: 15-1205V 73. Kelly Tavano, Boston, Massachusetts, Court of Federal Claims No: 15-1206V 74. Roxanna Sarver, Littleton, New Hampshire, Court of Federal Claims No: 15-1207V 75. Sondra Ritchie-Coppler, Visalia, California, Court of Federal Claims No: 15-1208V 76. Erin Martinelli, Galt, California, Court of Federal Claims No: 15-1209V 77. Diann Alexander, Lebanon, Ohio, Court of Federal Claims No: 15-1211V 78. Adam Jack Kinder, Fort Benning, Georgia, Court of Federal Claims No: 15-1212V 79. Tadek Towpik and Renata Towpik on behalf of A. T., Chicago, Illinois, Court of Federal Claims No: 15-1213V 80. Kelly michelle Izell, Chattanooga, Tennessee, Court of Federal Claims No: 15-1214V 81. Christina Marshall, Forest Hill, Maryland, Court of Federal Claims No: 15-1215V 82. Jerome Unick, Wethersfield, Connecticut, Court of Federal Claims No: 15-1216V 83. John Rajotte, Washington, District of Columbia, Court of Federal Claims No: 15-1218V 84. Lindsey Johnsen, Baraboo, Wisconsin, Court of Federal Claims No: 15-1219V 85. Troy Sweatt and Brittany Sweatt on behalf of E. S., Dyersburg, Tennessee, Court of Federal Claims No: 15-1222V 86. Jessica Williams on behalf of E. W. H., Cheyenne, Wyoming, Court of Federal Claims No: 15-1224V 87. Debra Kelly, Hampstead, North Carolina, Court of Federal Claims No: 15-1225V 88. Connie M. Johns, Philipsburg, Pennsylvania, Court of Federal Claims No: 15-1226V 89. Lea Lydon, Lakeland, Florida, Court of Federal Claims No: 15-1227V 90. Diane Riddle, Bend, Oregon, Court of Federal Claims No: 15-1228V 91. Cynthia Bassett, Dallas, Georgia, Court of Federal Claims No: 15-1231V 92. Nancy Meramo on behalf of Glenn Meramo, Deceased, Vienna, Virginia, Court of Federal Claims No: 15-1234V 93. Barbara Stanley, Woodland Hills, California, Court of Federal Claims No: 15-1235V 94. Cathy Wesloskie, Baden, Pennsylvania, Court of Federal Claims No: 15-1237V 95. Paul R. Rodgers, Memphis, Tennessee, Court of Federal Claims No: 15-1238V 96. Jessica Jones, Vienna, Virginia, Court of Federal Claims No: 15-1239V 97. Kathleen Killea, Staten Island, New York, Court of Federal Claims No: 15-1240V 98. James Young, Chicago, Illinois, Court of Federal Claims No: 15-1241V 99. Kalli Kline, Ketchikan, Alaska, Court of Federal Claims No: 15-1243V 100. Steven Totten, Terre Haute, Indiana, Court of Federal Claims No: 15-1246V 101. Heather Chapell on behalf of G. R. C., Lithia, Florida, Court of Federal Claims No: 15-1247V 102. Bertha Hixson, Hixson, Tennessee, Court of Federal Claims No: 15-1248V 103. Bruce Miller, Highlands Ranch, Colorado, Court of Federal Claims No: 15-1251V 104. Stacey Spossey, Mooresville, North Carolina, Court of Federal Claims No: 15-1254V 105. Louai Salim, Phoenix, Arizona, Court of Federal Claims No: 15-1255V 106. Linda St. George, Kennewick, Washington, Court of Federal Claims No: 15-1257V 107. Taylor Lee Reynolds, Reno, Nevada, Court of Federal Claims No: 15-1258V 108. James D. Ellis, Firestone, Colorado, Court of Federal Claims No: 15-1259V 109. Deborah Kaiser, Pleasant Prairie, Wisconsin, Court of Federal Claims No: 15-1261V 110. Sirna Kyles, Las Vegas, Nevada, Court of Federal Claims No: 15-1262V 111. Linda K. Schupp, Tonawanda, New York, Court of Federal Claims No: 15-1264V 112. Kathleen Romero, Bridgewater, Massachusetts, Court of Federal Claims No: 15-1265V 113. Michael Crist, Phoenix, Arizona, Court of Federal Claims No: 15-1267V 114. Frederick J. Kruger, D.P.M., Fresno, California, Court of Federal Claims No: 15-1270V 115. Ricardo Gascon, Honolulu, Hawaii, Court of Federal Claims No: 15-1272V 116. Helene Quintana, Boston, Massachusetts, Court of Federal Claims No: 15-1273V 117. Estate of Cindy Bernardini, Rochester, New York, Court of Federal Claims No: 15-1274V 118. Janice Elliot, Hampton, Virginia, Court of Federal Claims No: 15-1276V 119. Kathy Jo Neverve, Kansas City, Missouri, Court of Federal Claims No: 15-1277V 120. Debra Allen, Wellesley Hills, Massachusetts, Court of Federal Claims No: 15-1278V 121. Paul McKenzie, Beverly Hills, California, Court of Federal Claims No: 15-1280V 122. Toni Boom, Dresher, Pennsylvania, Court of Federal Claims No: 15-1282V 123. Anna Hitt, Vienna, Virginia, Court of Federal Claims No: 15-1283V 124. Bonita Reeves, Vienna, Virginia, Court of Federal Claims No: 15-1284V 125. Alfred Altmiller, Denton, Texas, Court of Federal Claims No: 15-1285V 126. Carla Grivna on behalf of M G, Beverly Hills, California, Court of Federal Claims No: 15-1286V 127. Mary Clare Smith on behalf of C L S, Ormond Beach, Florida, Court of Federal Claims No: 15-1287V 128. Tressa J. Nelson, New London, Wisconsin, Court of Federal Claims No: 15-1288V 129. Alfred Anderson, Neptune, New Jersey, Court of Federal Claims No: 15-1289V 130. Susan Cottingham on behalf of K C, Phoenix, Arizona, Court of Federal Claims No: 15-1291V 131. Jennifer Soghomonian on behalf of K S, Lakewood, California, Court of Federal Claims No: 15-1292V 132. Ana Yuricek on behalf of Jeremy Yuricek, New York, New York, Court of Federal Claims No: 15-1293V 133. Lisa Santoroski, New York, New York, Court of Federal Claims No: 15-1294V
    [FR Doc. 2015-30259 Filed 11-27-15; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0990-0302-30D] Agency Information Collection Activities; Submission to OMB for Review and Approval; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, has submitted an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB) for review and approval. The ICR is for revision of the approved information collection assigned OMB control number 0990-0302, scheduled to expire on December 31, 2015. Comments submitted during the first public review of this ICR will be provided to OMB. OMB will accept further comments from the public on this ICR during the review and approval period.

    DATES:

    Comments on the ICR must be received on or before December 30, 2015.

    ADDRESSES:

    Submit your comments to [email protected] or via facsimile to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the OMB control number 0990-0302-30D for reference. Proposed Project: Medical Reserve Corps Unit Profile and Reports (Revision)-OMB No. 0990-0302—Office of the Secretary/Office of the Assistant Secretary for Health/Office of the Surgeon General/Division of Civilian Volunteer Medical Reserve Corps (OS/OASH/OSG/DCVMRC) is changed to Office of the Secretary/Office of the Assistant Secretary for Preparedness and Response/Office of Emergency Management/Division of the Civilian Volunteer Medical Reserve Corps. This reorganization was effective as of 26 November 2014 as published in the Federal Register [FR Doc. 2014-28030 Filed 11-25-14; 8:45am].

    Abstract: Medical Reserve Corps units are currently located in almost 1,000 communities across the United States, and represent a resource of more than 205,000 volunteers. In order to continue supporting the MRC units in communities across the United States, and to continue planning for future emergencies that are national in scope, detailed information about the MRC units, including unit demographics, contact information (regular and emergency), volunteer numbers, and information about activities is needed by the Division of Civilian Volunteer Medical Reserve Corps (DCVMRC). MRC Unit Leaders are asked to update this information on the MRC Web site at least quarterly, and to participate in a Technical Assistance Assessment at least annually. The MRC unit data collected has expanded to include a self-assessment tool for use by unit leaders to aid in developing their MRC unit. This OMB revision request is for 3 years.

    Estimated Annualized Burden Table Collection tool Type of
  • respondent
  • Number of
  • respondents
  • Number of responses per respondent Average burden hours per response Total burden hours
    Unit Profile MRC Unit Leader 1,000 4 30/60 2,000 TA Assessment MRC Unit Leader 1,000 1 1 1,000 Factors for Success MRC Unit Leader 1,000 4 30/60 2,000 Unit Activity Reporting MRC Unit Leader 1,000 4 15/60 1,000 Total 6,000
    Terry S. Clark, Office of the Secretary, Asst Paperwork Reduction Act Reports Clearance Officer.
    [FR Doc. 2015-30272 Filed 11-27-15; 8:45 am] BILLING CODE 4150-47-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Presidential Advisory Council on HIV/AIDS AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Service (DHHS) is hereby giving notice that the Presidential Advisory Council on HIV/AIDS (PACHA) will hold a conference call to discuss and vote on a letter to President Obama and Secretary Burwell asking for support of PACHA's recommendations to address persistent disparities in HIV-related clinical outcomes through the implementation of standardized HIV clinical performance measures. The call will be open to the public.

    DATES:

    The call will be held on Monday, December 14, 2015, at 4:30 p.m. (ET) to approximately 5:30 p.m. (ET).

    ADDRESSES:

    The conference call-in number for members of the public in the United States or Canada is (888) 390-3967 and the International dial-in number is (862) 255-5351.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Caroline Talev, Public Health Analyst, Presidential Advisory Council on HIV/AIDS, Department of Health and Human Services, 200 Independence Avenue SW., Room 443H, Hubert H. Humphrey Building, Washington, DC 20201; (202) 205-1178. More detailed information about PACHA can be obtained by accessing the Council's Web site www.aids.gov/pacha.

    SUPPLEMENTARY INFORMATION:

    PACHA was established by Executive Order 12963, dated June 14, 1995, as amended by Executive Order 13009, dated June 14, 1996. The Council was established to provide advice, information, and recommendations to the Secretary regarding programs, policies, and research to promote effective treatment, prevention, and cure of HIV disease and AIDS, including considering common co-morbidities of those infected with HIV as needed to promote effective prevention and treatment and quality services to persons living with HIV disease and AIDS. The functions of the Council are solely advisory in nature.

    The Council consists of not more than 25 members. Council members are selected from prominent community leaders with particular expertise in, or knowledge of, matters concerning HIV and AIDS, public health, global health, philanthropy, marketing or business, as well as other national leaders held in high esteem from other sectors of society. Council members are appointed by the Secretary or designee, in consultation with the White House Office on National AIDS Policy. The agenda for the upcoming meeting will be posted on the Council's Web site at www.aids.gov/pacha.

    Pre-registration for the call is advisable and can be accomplished by contacting Caroline Talev at [email protected] Members of the public will have the opportunity to listen in on the conference call.

    Dated: November 16, 2015. B. Kaye Hayes, Executive Director, Presidential Advisory Council on HIV/AIDS.
    [FR Doc. 2015-30260 Filed 11-27-15; 8:45 am] BILLING CODE 4150-43-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Advancing Translational Sciences; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Cures Acceleration Network Review Board.

    The meeting will be open to the public, viewing virtually by WebEx.

    Individuals can register to view and access the meeting by the link below.

    https://nih.webex.com/nih/onstage/g.php?MTID=e75f38f731121aae102c9a0e75cabdaf9

    1. Go to “Event Status” on the left hand side of page, then click “Register”. On the registration form, enter your information and then click “Submit” to complete the required registration.

    2. You will receive a personalized email with the live event link.

    Name of Committee: Cures Acceleration Network Review Board.

    Date: December 11, 2015.

    Time: 11:00 a.m. to 2:00 p.m.

    Agenda: The CAN Review Board will meet virtually to discuss updates regarding CAN programs and next steps.

    Place: National Institutes of Health, One Democracy Plaza, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Anna L. Ramsey-Ewing, Ph.D., Executive Secretary, National Center for Advancing Translational Sciences, One Democracy Plaza, Room 1072, Bethesda, MD 20892, 301-435-0809, [email protected]

    This notice is being published less than 15 days prior to the meeting due to finalizing the agenda and scheduling of meeting topics.

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: November 23, 2015. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-30230 Filed 11-27-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2015-0077] Privacy Act of 1974; Department of Homeland Security U.S. Citizenship and Immigration Services-010 Asylum Information and Pre-Screening System of Records AGENCY:

    Department of Homeland Security, Privacy Office.

    ACTION:

    Notice of Privacy Act system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, “Department of Homeland Security/U.S. Citizenship and Immigration Services-010 Asylum Information and Pre-Screening System of Records.” This system of records allows the Department of Homeland Security/U.S. Citizenship Immigration Services to collect and maintain records pertaining to asylum applications, credible fear and reasonable fear screening processes, and applications for benefits provided by section 203 of the Nicaraguan Adjustment and Central American Relief Act.

    As a result of a biennial review of this system, Department of Homeland Security/U.S. Citizenship and Immigration Services is updating this system of records notice to: (1) Clarify that data originating from this system of records may be stored in a classified network; (2) provide an updated system location; (3) include follow-to-join (derivative) asylum information as a category of records; (4) expand the categories of records for benefit requestors, beneficiaries, derivatives, accredited representatives (including attorneys), form preparers, and interpreters; (5) remove routine use K because it was duplicative; (6) add two new routine uses K and L to permit the sharing of information with the Departments of State and Health and Human Services, respectively; (7) update the retention schedules to include additional systems; (8) add name and date of birth combination and receipt number to retrieve records; and (9) update record source categories to include accredited representatives (including attorneys), interpreters, preparers, and USCIS personnel. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security's inventory of record systems.

    DATES:

    Submit comments on or before December 30, 2015. This updated system will be effective December 30, 2015.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2015-0077 by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-343-4010.

    Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.

    Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, please visit http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions, please contact: Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC 20529. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) proposes to update and reissue a current DHS system of records titled, “DHS/USCIS-010 Asylum Information and Pre-Screening System of Records.”

    As set forth in section 451(b) of the Homeland Security Act of 2002, Congress charged USCIS with the administration of the asylum program, which provides protection to qualified individuals in the United States who have suffered past persecution or have a well-founded fear of future persecution in their country of origin as outlined under Title 8, Code of Federal Regulations (8 CFR) section 208. USCIS is also responsible for adjudicating the benefit program established by Section 203 of the Nicaraguan Adjustment and Central American Relief Act (Pub. L. 105-100, hereinafter “NACARA”), in accordance with 8 CFR part 241, and maintaining and administering the credible fear and reasonable fear screening processes, under 8 CFR 208.30 and 208.31.

    Asylum

    Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The two ways to obtain asylum in the United States are through the affirmative process and defensive process. To obtain asylum, the individual must be physically present in the United States. An individual may apply for affirmative asylum status regardless of how he or she arrived in the United States or his or her current immigration status. An individual may include his or her spouse and/or unmarried children present in the United States as derivatives on his or her asylum application. A defensive application for asylum occurs when an individual requests asylum as a defense against removal from the United States. In defensive asylum cases, the individual is currently in removal proceedings in immigration court with the Department of Justice's Executive Office for Immigration Review (EOIR). USCIS is responsible for the administration and adjudication of the affirmative asylum process. Individuals granted asylum status possess this status indefinitely, may work in the United States, may request derivative status for immediate family members within two years of the grant of asylum status, and may apply for permanent residence after one year.

    Follow-to-Join or Derivative Asylum Status

    An individual who entered the United States and was granted asylum status within the past two years may petition to have his or her spouse and/or unmarried children “follow-to-join” him or her in the United Sates and obtain derivative asylum status under 8 CFR 208.21. The derivatives may be in the United States or outside the United States.

    Nicaraguan Adjustment and Central American Relief Act (NACARA Section 203)

    Section 203 of NACARA applies to certain individuals from Guatemala, El Salvador, and the former Soviet bloc countries (the Soviet Union or any republic of the former Soviet Union, such as Russia, Latvia, Lithuania, Estonia, Albania, Bulgaria, the former Czechoslovakia, the former East Germany, Hungary, Poland, Romania, or Yugoslavia or any state of the former Yugoslavia) who entered the United States and applied for asylum by specified dates or registered for benefits. Section 203 of NACARA allows qualified individuals to apply for suspension of deportation or for special rule cancellation of removal under the standards similar to those in effect before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. If granted, individuals receive lawful permanent resident status.

    Credible Fear Screenings

    Section 235 of Immigration and Nationality Act (INA), as amended, and its implementing regulations provide that certain categories of individuals are subject to expedited removal without a hearing before an immigration judge. These include: arriving stowaways; certain arriving aliens at ports of entry who are inadmissible under section 212(a)(6)(C) of the INA (because they have presented fraudulent documents or made a false claim to USCIS or other material misrepresentations to gain admission or other immigration benefits) or 212(a)(7) of the INA (because they lack proper documents to gain admission); and certain designated aliens who have not been admitted or paroled into the United States.

    Individuals subject to expedited removal who indicate an intention to apply for asylum, express a fear of persecution or torture, or a fear of return to their home country are referred to USCIS asylum officers to determine whether they have a credible fear of persecution or torture. Individuals found to have a credible fear of persecution or torture may apply for asylum or withholding of removal as a defense to removal before an immigration judge.

    Reasonable Fear Screenings

    Sections 238(b) and 241(a)(5) of the INA provide for streamlined removal procedures that prohibit certain individuals (i.e., subject to a final administrative removal order under section 238(b) or subject to reinstatement of a prior order of exclusion, deportation, or removal under section 241(a)(5) of the INA) from contesting removability before an immigration judge and from seeking any relief from removal. If an individual ordered removed under either section 238(b) or section 241(a)(5) of the INA expresses a fear of return to the country to which he or she has been ordered removed, the case must be referred to a USCIS asylum officer, who determines whether the individual has a reasonable fear of persecution or torture. Individuals found to have a reasonable fear of persecution or torture may seek withholding or deferral of removal before an immigration judge.

    In order to carry out its statutory obligations in administering these benefit programs, USCIS has established the Asylum Information and Pre-Screening System of Records to facilitate every aspect of intake, adjudication, and review of the specified programs. The Asylum Information and Pre-Screening System records are used to track case status, facilitate scheduling appointments, issue notices throughout the process, and generate decision documents. These records are also used to initiate, facilitate, and track security and background check screening, and to prevent the approval of any benefit prior to the review and completion of all security checks. Finally, these records are used by USCIS to generate statistical reports to assist with oversight of production and processing goals.

    Information contained in DHS/USCIS-010 Asylum Information and Pre-Screening is afforded the confidentiality protections contained in 8 CFR 208.6, which strictly limits the disclosure of information to third parties. 8 CFR 208.6 specifically covers the confidentiality of asylum applicants and individuals in the credible fear and reasonable fear screening processes. Information may not be disclosed without the written consent of the applicant, except as permitted by 8 CFR 208.6 or at the discretion of the Secretary of Homeland Security or the Attorney General of the United States.

    Consistent with DHS's information sharing mission, information stored in the DHS/USCIS-010 Asylum Information and Pre-Screening may be shared with other DHS components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, DHS/USCIS may share information with appropriate federal, state, local, tribal, territorial, foreign, or international government agencies consistent with the confidentiality provisions of 8 CFR 208.6 and with the routine uses set forth in this system of records notice. This updated system will be included in DHS's inventory of record systems.

    DHS/USCIS is updating this system of records notice to: (1) Clarify that data originating from this system of records may be stored in a classified network; (2) provide an updated system location; (3) include follow-to-join (derivative) asylum information as a category of records; and (4) expand the categories of records for benefit requestors, beneficiaries, derivatives, accredited representatives (including attorneys), form preparers, and interpreters. The categories of records for benefit requestors, beneficiaries, and derivatives are being updated to include: date of birth; receipt number; Social Security number; foreign residency history; detention center location; phone number; gender; place of marriage; education history; government identification number; notices and communication; records regarding membership or affiliation with organizations; personal background information; description of foreign travel; supporting documentation; and photographs. The category of records for attorneys and accredited representatives include: name; law firm/recognized organization; physical and mailing addresses; phone and fax numbers; email address; attorney bar card number or equivalent; bar membership and accreditation date; Board of Immigration Appeals representative accreditation and expiration date; law practice restriction explanation; and signature. The category of records for preparers and interpreters is being updated to include: name; organization name; business state ID number; physical and mailing addresses; email address; phone and fax numbers; relationship to benefit requestor; and signature.)

    DHS/USCIS is also updating this system of records to (1) remove routine use K since it was duplicative of routine use E; (2) add two new routine uses K and L to permit the sharing of information with the Departments of State and Health and Human Services; (3) update the retention schedules to include additional systems; (4) add name and date of birth combination and receipt number to retrieve records; and (5) update record source categories to include accredited representatives (including attorneys), interpreters, preparers, and USCIS personnel.

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which Federal Government agencies collect, maintain, use, and disseminate individuals' records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals when systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors.

    Below is the description of the DHS/USCIS-010 Asylum Information and Pre-Screening System of Records.

    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this system of records to the Office of Management and Budget and to Congress.

    SYSTEM OF RECORDS

    Department of Homeland Security (DHS)/U.S. Citizenship and Immigration Services (USCIS)-010

    System Name:

    DHS/USCIS-010 Asylum Information and Pre-Screening

    Security Classification:

    Unclassified. The data originating from this system may be retained on classified DHS networks but this does not change the nature and character of the data until it is combined with classified information.

    System Location:

    The operational information technology (IT) systems that support the Asylum Information Pre-Screening System include: Refugees, Asylum, and Parole System (RAPS), Asylum Pre-Screening System (APSS), Case and Activity Management for International Operations (CAMINO), and the Computer Linked Information Application Management System 3 (CLAIMS 3). Affirmative asylum and cases under section 203 of NACARA cases are processed in RAPS. Reasonable fear and credible fear screenings are processed in APSS. Asylee Relative Petitions are processed in CLAIMS 3 and CAMINO.

    Records are maintained in the respective USCIS case management systems and associated electronic and paper files located at USCIS Headquarters in Washington, DC and in USCIS service centers, national records center, asylum offices, and domestic and international field offices. Records are replicated from the operational system and maintained on the DHS unclassified and classified networks.

    Categories of Individuals Covered by the System:

    Categories of individuals covered by Asylum Information and Pre-Screening System include:

    • Individuals covered by provisions of section 208 of the INA, as amended, who have applied with USCIS for asylum on Form I-589 (Application for Asylum and for Withholding of Removal);

    • The spouse and children of a principal asylum applicant properly included in an asylum application as beneficiaries;

    • Individuals who have applied for suspension of deportation/special rule cancellation of removal under section 203 of NACARA on Form I-881 (Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to section 203 of Public Law 105-100 (NACARA)));

    • Individuals who were referred to a USCIS asylum officer for a credible fear or reasonable fear screening determination under 8 CFR 208, Subpart B, after having expressed a fear of return to the intended country of removal because of fear of persecution or torture, during the expedited removal process under 8 § U.S.C. 1225(b), the administrative removal processes under 8 U.S.C. 1228(b) (removal of certain aliens convicted of aggravated felonies), or 8 U.S.C. 1231(a)(5) (reinstatement of certain prior removal orders);

    • Individuals who have petitioned for follow-to-join (derivative) asylum status for their spouse and children on Form I-730 (Refugee/Asylee Relative Petition); and

    • Persons who complete asylum, Section 203 of NACARA, or follow-to-join applications, or participate in the credible fear or reasonable fear processes on behalf of the applicant (e.g., attorneys, form preparers, accredited representatives, and interpreters).

    Categories of records in the system:

    Information about benefit requestor, beneficiaries, and family members includes:

    • Name;

    • Alias names;

    • Dates of birth;

    • Alien number (A-number);

    • Receipt Number;

    • Social Security number (if available);

    • Address/residence in the United States;

    • Foreign residence history;

    • Detention location (if detained by U.S. Immigration and Customs Enforcement);

    • Phone number;

    • Gender;

    • Marital status;

    • Place of marriage;

    • Date of birth;

    • Country of birth;

    • Country of nationality (or nationalities);

    • Ethnic origin;

    • Religion;

    • Port(s), date(s) of entry, and status at entry(ies);

    • Filing date of asylum, Section 203 of NACARA, or follow-to-join application;

    • Education history;

    • Work history;

    • Results of security checks;

    • Languages spoken;

    • Claimed basis of eligibility for benefit(s) sought;

    • Case status;

    • Case history;

    • Employment authorization eligibility and application history;

    • Government-issued identification (e.g., passport):

    ○ Document type;

    ○ Issuing organization;

    ○ Document number;

    ○ Expiration date; or

    ○ Benefit requested.

    • Notices and communications, including:

    ○ Appointment notices;

    ○ Receipt notices;

    ○ Requests for evidence;

    ○ Notices of Intent to Deny (NOID);

    ○ Decision notices and assessments; or

    ○ Proofs of benefit.

    • Records regarding organization membership or affiliation;

    • Personal background information (e.g., arrests/detentions, involvement with national security threats, criminal offenses, persecution, torture, genocide, killing, injuring, forced sexual contact, limiting or denying others religious beliefs, service in military or other armed groups, work in penal or detention systems, weapons distribution, combat training);

    • Tax records;

    • Explanation/description of foreign travel;

    • Signature;

    • Supporting documentation as necessary (e.g., birth, marriage, and/or divorce certificates, licenses, explanatory statements, and unsolicited information submitted voluntarily by the applicant or family members in support of a benefit request);

    • Photographs; and

    • Criminal and national security background check information.

    Information about Attorneys, Accredited Representatives, and Form Prepares includes:

    • Name;

    • Law firm/recognized organization;

    • Physical and mailing addresses;

    • Phone and fax numbers;

    • Email address;

    • Attorney bar card number or equivalent;

    • Bar membership;

    • Accreditation date;

    • Board of Immigration Appeals representative accreditation;

    • Expiration date;

    • Law practice restriction explanation; and

    • Signature.

    Information about Preparers and Interpreters may include:

    • Name;

    • Organization;

    • Business state ID number;

    • Physical and mailing addresses;

    • Email address;

    • Phone and fax numbers;

    • Relationship to benefit requestor; and

    • Signature.

    Authority for maintenance of the system:

    Authority for maintaining this system is in 8 U.S.C. 1101, 1103, 1158, 1225, 1228, and 1522.

    Purpose(s):

    The purpose of Asylum Information and Pre-Screening System is to manage, control, and track the following types of adjudications:

    A. Affirmative asylum applications (Form I-589);

    B. Applications filed with USCIS for suspension of deportation/special rule cancellation of removal pursuant to Section 203 of NACARA (Form I-881);

    C. Credible fear screening cases under 8 U.S.C. 1225(b)(1)(B);

    D. Reasonable fear screening cases under 8 CFR 208.31; and

    E. Follow-to-join derivative asylum/refugee cases (Form I-730) under 8 CFR 208.21.

    DHS maintains a replica of some or all of the data in the operating system on unclassified and classified DHS networks to allow for analysis and vetting consistent with the above stated purposes and this published notice.

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3). Even when a valid routine use permits the disclosure of information from this system of records to a third party, in some cases such disclosure may not be permissible because of confidentiality laws and policies that limit the sharing of information regarding individuals applying for asylum or in credible fear or reasonable fear processes.

    Information in this system of records contains information relating to persons who have pending or approved asylum applications, follow-to-join applications, or in the credible fear or reasonable fear process and should not be disclosed pursuant to a routine use unless disclosure is otherwise permissible under 8 CFR 208.6. These confidentiality provisions do not prevent DHS from disclosing information to the U.S. Department of Justice and Offices of the U.S. Attorneys as part of an ongoing criminal or civil investigation. These provisions permit disclosure to courts under certain circumstances as well, as provided under 8 CFR 208.6(c)(2). Subject to these restrictions, DHS may disclose:

    A. To the Department of Justice (DOJ), including Offices of the U.S. Attorneys, or other federal agency conducting litigation or in proceedings before any court, adjudicative, or administrative body, when it is relevant or necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

    1. DHS or any Component thereof;

    2. Any employee or former employee of DHS in his/her official capacity;

    3. Any employee or former employee of DHS in his/her individual capacity when DOJ or DHS has agreed to represent the employee; or

    4. The United States or any agency thereof.

    B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

    C. To the National Archives and Records Administration (NARA) or General Services Administration pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

    D. To an agency or organization for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    E. To appropriate agencies, entities, and persons when:

    1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

    2. DHS has determined that as a result of the suspected or confirmed compromise, there is a risk of identity theft or fraud, harm to economic or property interests, harm to an individual, or harm to the security or integrity of this system or other systems or programs (whether maintained by DHS or another agency or entity) that rely upon the compromised information; and

    3. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with DHS's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations of 8 CFR 208.6 on disclosure as are applicable to DHS officers and employees. 8 CFR 208.6 prohibits the disclosure to third parties information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations except under certain limited circumstances.

    G. To an appropriate federal, state, tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure as limited by the terms and conditions of 8 CFR 208.6 and any waivers issued by the Secretary pursuant to 8 CFR 208.6.

    H. To any element of the U.S. Intelligence Community, or any other federal or state agency having a counterterrorism function, provided that the need to examine the information or the request is made in connection with its authorized intelligence or counterterrorism function or functions and the information received will be used for the authorized purpose for which it is requested.

    I. To other federal, state, tribal, and local government agencies, foreign governments, intergovernmental organizations and other individuals and organizations as necessary and proper during the course of an investigation, processing of a matter, or during a proceeding within the purview of U.S. or foreign immigration and nationality laws, to elicit or provide information to enable DHS to carry out its lawful functions and mandates, or to enable the lawful functions and mandates of other federal, state, tribal, and local government agencies, foreign governments, or intergovernmental organizations as limited by the terms and conditions of 8 CFR 208.6 and any waivers issued by the Secretary.

    J. To a federal, state, tribal, or local government agency or foreign government seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law as limited by the terms and conditions of 8 CFR 208.6 and any waivers issued by the Secretary pursuant to 8 CFR 208.6.

    K. To the Department of State for the purpose of assisting in the processing of petitions or applications for benefits under the Immigration and Nationality Act, and all other immigration and nationality laws including treaties and reciprocal agreements.

    L. To the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) and the Centers for Disease Control and Prevention (CDC) to provide emergency relief to qualified asylees, meet congressional reporting requirements, provide post-decisions services, and generate statistical reports for allocating funding for asylee social benefits.

    Disclosure to consumer reporting agencies:

    None.

    Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage:

    Records in this system are stored electronically in the operational system as well as on the unclassified and classified network or on paper in secure facilities in a locked drawer behind a locked door. The records are stored on magnetic disc, tape, digital media, and CD-ROM. The records may be stored on magnetic disc, tape, and digital media.

    Retrievability:

    Records may be retrieved by name and date of birth, A-number, or receipt number.

    Safeguards:

    DHS/USCIS safeguards records in this system according to applicable rules and policies, including all applicable DHS automated systems security and access policies. USCIS has imposed strict controls to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

    Retention and disposal:

    USCIS stores the physical documents and supplemental documentation in the Alien File and processes asylum, NACARA and follow-to-join applications, and credible fear or reasonable fear determinations in the respective case management system. The A-File records are permanent whether hard copy or electronic. USCIS transfers the A-Files to the custody of NARA 100 years after the individual's date of birth.

    NARA approved the RAPS [N1-563-04-06], APSS [N1-563-04-07], CAMINO [N1-566-12-06] and CLAIMS 3 [N1-566-08-12] Retention Schedule. RAPS, APSS, and CAMINO Master File automated records are maintained for 25 years after the case is closed and then destroyed. CLAIMS 3 records are destroyed after the data is transferred to the electronic master file and verified. Information in the master file is destroyed 15 years after the last completed action with respect to the benefit. USCIS is proposing to update the CLAIMS 3 Retention Schedule to destroy records 25 years after the last completed action.

    Records replicated on the unclassified and classified networks will follow the same retention schedule.

    System Manager and address:

    The Chief of the Asylum Division, Refugee, Asylum, and International Operations Directorate, U.S. Citizenship and Immigration Services, Suite 3300, 20 Massachusetts Avenue NW., Washington, DC, 20529.

    Notification procedure:

    Individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the National Records Center (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO, 64064-8010. The NRC's contact information can be found at http://www.dhs.gov/foia under “Contacts.” If an individual believes more than one component maintains Privacy Act records concerning him or her, the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act (FOIA) Officer, Department of Homeland Security, Washington, DC 20528-0655.

    When seeking records about yourself from this system of records or any other Departmental system of records, your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must first verify your identity, meaning that you must provide your full name, current address, and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief Privacy Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:

    • Explain why you believe the Department would have information on you;

    • Identify which Component(s) of the Department you believe may have the information about you;

    • Specify when you believe the records would have been created; and

    • Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records;

    If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records.

    Without the above information, the component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.

    In processing requests for access to information in this system, USCIS will review not only the records in the operational system but also the records that were replicated on the unclassified and classified networks, and based on this notice provide appropriate access to the information.

    Record access procedures:

    See “Notification procedure” above.

    Contesting record procedures:

    See “Notification procedure” above.

    Record source categories:

    Records are obtained from the applicant orhis or her accredited representative, preparer, or interpreter. Information contained in this system may also be supplied by DHS, other U.S. federal, state, tribal, or local government agencies, foreign government agencies, and international organizations. USCIS personnel may input information as they process a case, including information from internal and external sources to verify whether a benefit requestor or family is eligible for the benefit requested. Information from other systems of records (or their successor systems) such as Alien File, Index, and National File Tracking System of Records (DHS/USCIS/ICE/CBP-001, 78 FR 69983, November 22, 2013); USCIS Benefits Information System (BIS) (DHS/USCIS-007, 73 FR 56596, September 29, 2008); ICE Removable Alien Records System (DHS/ICE-011, 75 FR 23274, May 3, 2010); U.S. Customs and Border Protection (CBP) TECS (DHS/CBP-011, 73 FR 77778, December 19, 2008); DHS Automated Biometric Identification System (IDENT) (DHS/USVISIT-004, 72 FR 31080, June 5, 2007); Department of Justice (DOJ) Records and Management Information System (JUSTICE/EOIR-001, 72 FR 3410, January 25, 2007;) Department of Defense (DOD) Defense Biometric Services, 74 FR 48237, (September 22, 2009); DOD Detainee Biometric Information System, 72 FR 14534, (March 28, 2007); and DOD Defense Biometric Identification Records System, 74 FR 17840, (April 17, 2009).

    Exemptions claimed for the system:

    None.

    Dated: November 16, 2015. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2015-30270 Filed 11-27-15; 8:45 am] BILLING CODE 9111-97-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2009-0018] Intent To Request Renewal From OMB of One Current Public Collection of Information: Certified Cargo Screening Program AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-day Notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), OMB control number 1652-0053, abstracted below that we will submit to the Office of Management and Budget (OMB) for renewal in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. The collections of information that make up this ICR include: (1) Applications from entities that wish to become Certified Cargo Screening Facilities (CCSFs); (2) personally identifiable information to allow TSA to conduct security threat assessments on certain individuals employed by the CCSFs; (3) standard security program or submission of a proposed modified security program or amendment to a security program; and (4) recordkeeping requirements for CCSFs. TSA is seeking the renewal of the ICR for the continuation of the program in order to secure passenger aircraft carrying cargo.

    DATES:

    Send your comments by January 29, 2016.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (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, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Information Collection Requirement

    OMB Control Number 1652-0053, Certified Cargo Screening Program, 49 CFR parts 1515, 1540, 1544, 1546, 1548, and 1549. Section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, 121 Stat. 266, 278 (Aug. 3, 2007), required the development of a system to screen 50 percent of the cargo transported on a passenger aircraft by February 2009, and to screen 100 percent of such cargo by August 2010. In September 2009, TSA issued an interim final rule (IFR) amending 49 CFR to implement this statutory requirement. See 74 FR 47672 (Sept. 16, 2009). In August 2011, TSA issued the Air Cargo Screening final rule (Final Rule) to finalize the statutory requirement for 100 percent screening of air cargo. See 76 FR 51848 (Aug. 18, 2011). TSA received approval from OMB for the collections of information contained in the IFR and the Final Rule, and now seeks to extend this approval. Accordingly, TSA must proceed with this ICR for this program in order to continue to meet the Congressional mandate. The ICR allows TSA to collect several categories of information as explained below.

    Data Collection

    TSA certifies qualified facilities as Certified Cargo Screening Facilities (CCSFs). Companies seeking to become CCSFs are required to submit an application for a security program and for certification to TSA at least 90 days before the intended date of operation. All CCSF applicants submit applications and related information either electronically through email, through the online Air Cargo Document Management System, or by postal mail.

    TSA regulations (49 CFR parts 1540 and 1549) require CCSFs to ensure that individuals performing screening and related functions, and those who have unescorted access to cargo, have successfully completed a security threat assessment (STA) conducted by TSA. In addition, the senior manager or representative in control of the CCSF operations, and the CCSF Security Coordinators and their alternates, must all undergo STAs. CCSFs must submit personally identifiable information on these individuals to TSA so that TSA can conduct an STA. TSA also requires CCSFs to accept and implement a standard security program provided by TSA or to submit a proposed modified security program to the designated TSA official for approval. The CCSF must also submit to an assessment of its facility by TSA. Once TSA approves the security program and determines that the applicant is qualified to be a CCSF, TSA will send the applicant a written notice of approval and certification to operate as a CCSF.

    Once approved, CCSFs must maintain screening, training, and other security-related records of compliance with their security program and make them available for TSA inspectors.

    The forms used for this collection of information include the CCSF Facility Profile Application (TSA Form 419B), CCSF Principal Attestation (TSA Form 419D), Security Profile (TSA Form 419E), and the Security Threat Assessment Application (TSA Form 419F).

    Estimated Burden Hours

    As noted above, TSA has identified several separate information collections under this ICR. Collectively, these four information collections represent an estimated average of 18,290 responses annually, for an average annual hour burden of 7125.24 hours.

    1. CCSF Application. The CCSP section of the TSA Office of Security Operations estimates that it will receive 180 applications in 3 years, for an average of 60 applications annually. TSA further estimates that these applications will require an average of 3 hours each to complete, resulting in an annual hour burden of approximately 180 hours (60 × 3).

    2. STA Applications. All CCSP participants subject to 49 CFR parts 1548 and 1549 will be required to have certain employees undergo security threat assessments (STAs). Approximately 6,600 STAs were purchased from TSA for CCSP participants between January and September 2015, which is about 733 STAs per month (6,600 STAs/9 months = 733.33). Thus, TSA estimates it will receive a total of 8,800 applications per year (733.33 × 12 months), or 26,400 applications in 3 years. TSA further estimates that STA applications will require approximately 15 minutes each to complete, resulting in an annual hour burden of approximately 2,200 hours (8,800 × 0.25 hours).

    3. Security Programs. As discussed in section 1, CCSF Application, TSA estimates that 60 entities will apply for CCSF every year. All CCSFs are required to maintain records of compliance with TSA regulations and its security program. For a new entity to compile these records, complete the required training, and complete the security program process, TSA estimates that the annual burden is 40 hours. TSA estimates the annual hour burden associated with the initial application of entities requesting to be approved as CCSFs is 2,400 (60 new applicants × 40 hours).

    In addition, TSA currently has 950 CCSFs that must recertify every 3 years. According to the CCSP Section of the TSA Office of Security Operations (OSO), about half of these, or 475, will renew their certification or will relocate annually. TSA estimates that a renewal of the CCSF or relocation update to the CCSF will take 3 hours per entity. A site visit to approve the renewal of the CCSF will take an additional 2 hours for each entity. TSA estimates that a site visit takes place for approximately 20 percent of renewals, or 95 entities (475 × .20). Thus, TSA estimates that the annual hour burden associated with the renewal applications of existing CCSFs is 1,615 (475 renewals × 3 hours + 95 site visits × 2 hours).

    4. Recordkeeping Requirements. TSA estimates a time burden of approximately five minutes (0.083 hours) annually per employee who is required to have an STA for each CCSF to prepare and file the training records and other records of compliance. TSA estimates it will receive a total of 26,400 STA applications in 3 years, for an average of 8,800 STA applications annually. TSA estimates an annual hour burden of approximately 730.4 hours (8,800 STA applicants × 0.083 hours).

    Dated: November 23, 2015. Joanna Johnson, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2015-30261 Filed 11-27-15; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5835-N-25] 60-Day Notice of Proposed Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Program AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: January 29, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email to [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Ivery W. Himes, Director, Office of Single Family Asset Management, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Ivery Himes at [email protected] or telephone 202-708-1672. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Himes.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from the OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: FHA-Insured Mortgage Loan Servicing Involving the Loss Mitigation Program.

    OMB Approval Number: 2502-0589.

    Type of Request: Information collection renewal including revision of PFS forms and Request for Occupied Conveyance form HUD-9539.

    Form Number: HUD-90035, 90041, 90045, 90051, 90052, 9539, 27011, 91022, 50002, 50012, HUD-PA-426, HUD-1 Settlement Statement.

    Description of the need for the information and proposed use: Pre-Foreclosure Sale and Deed in Lieu of Foreclosure policy changes outlined in Mortgagee Letter 2013-23 require significant changes to the forms and documents for consumers to align the disclosures with stated policies.

    Respondents: Businesses or other for-profits.

    Estimated Number of Respondents: 415,425.

    Estimated Number of Responses: 1,283,879.

    Frequency of Response: On occasion.

    Average Hours per Response: 1.5 hours.

    Total Estimated Burden Hours: 1,947,929.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (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 of 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; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: November 18, 2015. Janet M. Golrick, Associate General Deputy Assistant Secretary for Housing—Associate Deputy Federal Housing Commissioner.
    [FR Doc. 2015-30264 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5800-N-26] Announcement of Funding Award for Fiscal Year 2014 Research and Evaluation, Demonstrations and Data Analysis and Utilization AGENCY:

    Office of the Assistant Secretary for Policy Development and Research, HUD. ACTION: Announcement of funding awards.

    SUMMARY:

    In accordance with Section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1) and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 as included in the Consolidated Appropriations Act, 2014 (Pub. L. 113-76, approved January 17, 2014) and the Consolidated and Further Continuing Appropriations Act, 2013 (Pub. L. 113-6, approved March 26, 2013). This document notifies the public of funding awards for Fiscal Year (FY) 2014 and announces the names, addresses and the amount awarded to the winners to conduct research and evaluation of the following projects: Moving To Work Evaluation, Jobs Plus Evaluation, and Small Area Fair Market Rent Demonstration Evaluation.

    FOR FURTHER INFORMATION CONTACT:

    Ophelia Wilson, Office of University Partnerships, Department of Housing and Urban Development, 451 Seventh Street SW., Room 8226, Washington, DC 20410, telephone (202) 402-4390. To provide service for persons who are hearing-or-speech-impaired, this number may be reached via TTY by Dialing the Federal Relay Service on (800) 877-8339 or (202) 708-1455. (Telephone number, other than “800” TTY numbers are not toll free).

    SUPPLEMENTARY INFORMATION:

    The Catalog of Federal Domestic Assistance number for the Research and Evaluation, Demonstrations and Data Analysis and Utilization initiative is: 14.536. On March 12, 2015, HUD posted a Notice of Funding Availability (NOFA) on Grants.gov announcing the availability of approximately $5.20 million for the Research and Evaluation, Demonstrations and Data Analysis and Utilization initiative. Under this initiative, HUD awarded cooperative agreements to three entities to conduct research and evaluation of the following projects: Moving to Work Evaluation, Jobs Plus Evaluation, and Small Area Fair Market Rent Demonstration Evaluation.

    The Department reviewed, evaluated, and scored the applications received based on the criteria in the NOFA. As a result, HUD has funded the applications below, in accordance with section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1) and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 as included in the Consolidated Appropriations Act, 2014 (Public Law 113-76, approved January 17, 2014) and the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6, approved March 26, 2013). More information about the winners can be found at www.hud.gov.

    Applicant/Address Project Amount of award MDRC, 16 East 34th Street, 19th Floor, New York, NY 10016-4326, Contact: David Greenberg Jobs Plus Evaluation $1,474,920 Urban Institute, 2100 M Street, Washington, DC 20037-1207, Contact: Diane Levy Moving to Work Evaluation $2,171,076 Abt Associates, Inc., 55 Wheeler Street, Cambridge, MA 02138-1168, Contact: Mary Holin Small Area Fair Market Rent, Demonstration Evaluation $849,737 Dated: November 16, 2015. Katherine M. O'Regan, Assistant Secretary for Policy Development and Research.
    [FR Doc. 2015-30265 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5775-FA-01] Announcement of Funding Award for Fiscal Year 2015 Authority To Accept Unsolicited Proposals for Research Partnerships AGENCY:

    Office of the Assistant Secretary for Policy Development and Research, HUD

    ACTION:

    Announcement of Funding Awards.

    SUMMARY:

    The Consolidated Appropriations Act, 2014, (Pub. L. 113-76, approved January 18, 2014) (FY 2014 appropriation) authorizes the Office of Policy Development and Research (PD&R) to enter into noncompetitive cooperative agreements for research projects that are aligned with PD&R's research priorities and where HUD can gain value by having substantial involvement in the research activity. Research projects must be funded at least 50 percent by philanthropic entities or other Federal, state or local government agencies. This document announces the names, addresses and the amount awarded to entities selected to undertake research projects for PD&R.

    FOR FURTHER INFORMATION CONTACT:

    Madlyn Wohlman Rodriguez, Office of University Partnerships, Department of Housing and Urban Development, 451 Seventh Street SW., Room 8226, Washington, DC 20410, telephone (202) 402-5939. To provide service for persons who are hearing-or-speech-impaired, this number may be reached via TTY by Dialing the Federal Information Relay Service on 800-877-8339 or 202-708-1455. (Telephone number, other than “800” TTY numbers are not toll free).

    SUPPLEMENTARY INFORMATION:

    On March 21, 2014 at 79 FR 15766, HUD announced Authority to Accept Unsolicited Proposals for Research Partnerships. The authority that Congress provided HUD to enter into noncompetitive cooperative agreements for research is a central tool for research collaborations that informs important policy and program objectives. Under this authority, HUD awarded cooperative agreements to nine entities to undertake the following research projects:

    Applicant/Address Project Amount of award Region I: Abt Associates, Inc., 55 Wheeler Street, Cambridge, MA 02138-1168, Contact: Jeffrey Lubell Evaluation of Compass FSS Programs $191,396.00 Region II: Columbia University, 615 West 131st Street, Room 254, Mail Code 872, New York, NY 10027-7922, Contact: Christopher Mayer Understanding the Market for Reverse Mortgages 257,288.00 New York University, 665 Broadway Suite 801, New York, 10012, Contact: Ingrid Gould Ellen High Cost Cities, Gentrification, and Voucher Use: Exploring Access to Quality Homes and Neighborhoods 102,901.00 Region III: Old Dominion University, 4111 Monarch Way, Norfolk, VA 23508, Contact: Joshua Behr Modeling Temporary, Interim and Permanent Housing Demand & Capacity for Medically Fragile and Vulnerable Populations 175,000.00 Urban Institute, 2100 M Street, Washington, DC 20037-1207, Contact: Susan Popkin Housing Opportunity and Services Together Demonstration (HOST II) 201,259.00 Region IV: Policy and Economic Council, 6409 Fayetteville Road #240, Durham, NC 27713, Contact: Michael Turner Rental Payment Data: Improving Renter's Financial Security Through Credit Reporting Payment Data 18,000.00 Region V: Case Western Reserve University, 10900 Euclid Avenue, Cleveland, OH 44106-7015, Contact: Mark Joseph HOPE VI Data Compilation and Analysis 73,848.00 Region VI: University of Texas San Antonio, One UTSA Circle, San Antonio, TX 78249-1664, Contact: Harriet Romo Economic Boom in Eagle Ford Shale: Impacts on Accessible and Affordable Housing for Vulnerable Populations 284,853.00 Region IX: University of California, San Diego, 9500 Gilman Drive #9034, La Jolla, CA 92093-0934, Contact: Tara Hutchinson Light Gauge Cold-Formed Steel Framed Building Shake Table Test Program 200,000.00 Date: November 16, 2015. Katherine M. O'Regan, Assistant Secretary for Policy Development and Research.
    [FR Doc. 2015-30266 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5835-N-26] 60-Day Notice of Proposed Information Collection: Housing Counseling Program AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: January 29, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Brian Siebenlist, Director, Office of Housing Counseling, Policy and Grants Administration, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Brian Siebenlist at [email protected] or call 202-402-5415. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Mr. Siebenlist.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Housing Counseling Program.

    OMB Approval Number: 2502-0261.

    Type of Request: Extension.

    Form Numbers: SF-424, SF-424Suppl, SF-424CB, SF-LLL, HUD-27300, HUD-2880, HUD2990, HUD-2991, HUD-2994, JUD-96010, HUD-9902, HUD-9910.

    Description of the need for the information and proposed use: Housing Counseling organizations submit information to HUD through Grants.gov when applying for grant funds to provide housing counseling assistance to eligible homebuyers to find and purchase affordable housing; Housing Counseling organizations also use grant funds to assist renters to avoid evictions; help the homeless find temporary or permanent shelter; report fair housing and discrimination. HUD uses the information collected to evaluate applicants competitively and then select qualified organizations to receive funding that supplement their housing counseling program. Post-award collection, such as quarterly reports, will all HUD to evaluate grantees' performance, This collection of information includes renewal of various HUD forms, including the HUD-9000 which is the Housing Counseling Approval Application, and form HUD-9902, Housing Counseling Agency Activity Report. Additionally, it covers the collection of client level activities, client financial leverage data, and agency profile information.

    Respondents: Not-for-profit institutions.

    Estimated Number of Respondents: 2,873.

    Estimated Number of Responses: 17,384.

    Frequency of Response: On occasion.

    Average Hours per Response: 15.

    Total Estimated Burdens: 16,625.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (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 of 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; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: November 18, 2015. Janet M. Golrick, Associate General Deputy Assistant Secretary for Housing—Associate Deputy Federal Housing Commissioner.
    [FR Doc. 2015-30263 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5835-N-27] 60-Day Notice of Proposed Information Collection: Revitalization Area Designation and Management AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: January 29, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Ivery Himes, Director, Office of Single Family Asset Management, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 708-1672 x5628 (this is not a toll free number) for copies of the proposed forms and other available information.

    This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).

    This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have 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; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    This Notice also lists the following information:

    A. Overview of Information Collection

    Title of Information Collection: Revitalization Area Designation and Management.

    OMB Approval Number: 2502-0566.

    Type of Request: Extension.

    Form Number: 2502-0566.

    Description of the need for the information and proposed use: The Department accepts requests from local governments or interested nonprofit organizations to designate specified geographic areas as revitalization areas. A request must describe the nominated area in terms of census block groups.

    Respondents: State, Local or Tribal Government.

    Estimated Number of Respondents: 42.

    Estimated Number of Responses: 12.

    Frequency of Response: On occasion.

    Average Hours per Response: 2.

    Total Estimated Burdens: 84.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (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 of 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; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: November 18, 2015. Janet M. Golrick, Associate General Deputy Assistant Secretary for Housing—Associate Deputy Federal Housing Commissioner.
    [FR Doc. 2015-30262 Filed 11-27-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2015-N177; FXES11120800000-156-FF08ECAR00] Low-Effect Habitat Conservation Plan for Seven Covered Species, Los Angeles Department of Water and Power Land, Inyo and Mono Counties, California AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; extending of public comment period.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), advise the public that we are extending the public review and comment period for the draft low effect habitat conservation plan (draft HCP) for the Los Angeles Department of Water and Power's operations, maintenance, and management activities on its land in Inyo and Mono Counties, California, and draft Environmental Action Statement/Low Effect Screening Form.

    DATES:

    To ensure consideration of your comments in our final determination regarding whether to issue an incidental take permit, we must receive your written comments by January 15, 2016.

    ADDRESSES:

    You may obtain copies of the draft HCP and Environmental Action Statement/Low Effect Screening Form online at http://www.fws.gov/carlsbad/HCPs/HCP_Docs.html. You may request copies of the documents by email, fax, or U.S. mail (see below). These documents are also available for public inspection by appointment during normal business hours at the office below. Please send your requests or written comments by any one of the following methods, and specify “LADWP HCP” in your request or comment.

    Submitting Request for Documents/Comments: You may submit comments or requests for more information by any of the following methods:

    Email: [email protected] Include “LADWP HCP” in the subject line of your message. If you choose to submit comments via email, please ensure that the file size does not exceed 10 megabytes. Emails that exceed the maximum file size may not be properly transmitted to the Service.

    Telephone: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 760-322-2070.

    Fax: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 760-322-4648, Attn.: LADWP HCP.

    U.S. Mail: Kennon A. Corey, Palm Springs Fish and Wildlife Office, Attn.: LADWP HCP, U.S. Fish and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262.

    Suite 208, Palm Springs, CA 92262.

    In-Person Viewing or Pickup of Documents, or Delivery of Comments: Call 760-322-2070 to make an appointment during regular business hours at the above address.

    Public Availability of Comments

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    FOR FURTHER INFORMATION CONTACT:

    Kennon A. Corey, Assistant Field Supervisor, Palm Springs Fish and Wildlife Office; telephone 760-322-2070. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Background

    In the October 7, 2015, Federal Register (80 FR 60669), we announced the availability of the draft HCP and draft Environmental Action Statement/Low Effect Screening Form. We solicited comments from the public on these draft documents until November 6, 2015. On November 4, 2015, we announced in the Federal Register (80 FR 68332) that we were extending the comment period to December 4, 2015.

    Since we announced the availability of the draft documents and extended the comment period to November 4, we have received additional requests from the public to allow more time for public comment. Public involvement is an important part of the process in considering a draft HCP and application for an incidental take permit. Therefore, we are extending the comment period to January 15, 2016. All comments received by the date specified in DATES will be considered in making a final determination regarding whether to issue an incidental take permit.

    Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    G. Mendel Stewart, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California.
    [FR Doc. 2015-30278 Filed 11-27-15; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167A2100DD/AAKC001030/A0A501010.999900 253G] Revision of Agency Information Collection for the Bureau of Indian Education Tribal Education Department Grant Program AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of submission to OMB.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) has submitted to the Office of Management and Budget (OMB) a request for a revision to a currently approved collection of information for the Tribal Education Department Grant Program, authorized by OMB Control Number 1076-0185. The information collection will expire November 30, 2015.

    DATE:

    Interested persons are invited to submit comments on or before December 30, 2015.

    ADDRESSES:

    You may submit comments on the information collection to the Desk Officer for the Department of the Interior at the Office of Management and Budget, by facsimile to (202) 395-5806 or you may send an email to: [email protected] Please send a copy of your comments to Wendy Greyeyes, Bureau of Indian Education, Office of the BIE Director, 1849 C Street NW., MIB—Mail Stop 4657, Washington, DC 20240; email [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Wendy Greyeyes, (202) 208-5810. You may review the information collection requests online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Under 25 U.S.C. 2020, Congress appropriated funding through the Bureau of Indian Education (BIE) for the development and operation of tribal departments or divisions of education for the purpose of planning and coordinating all educational programs of the tribe. All tribal education departments (TEDs) awarded will provide coordinating services and technical assistance to the school(s) they serve. As required under 25 U.S.C. 2020, for a Federally recognized tribe to be eligible to receive a grant, the tribe shall submit a grant application proposal. Once the grant has been awarded, each awardee will be responsible for quarterly and annual reports. All awardees shall comply with regulations relating to grants made under 25 U.S.C. 450h(a).

    II. Request for Comments

    On September 1, 2015, Bureau of Indian Education (BIE) published a notice announcing the renewal of this information collection and provided a 60-day comment period in the Federal Register (80 FR 52878). On October, 30, 2015, one tribe responded provided comments but they were not substantive to the collection. Therefore, the BIE did not make any adjustments based on the comment received.

    The BIE requests your comments on these collections concerning: (a) The necessity of this information collection for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency's estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used; (c) Ways we could enhance the quality, utility, and clarity of the information to be collected; and (d) Ways we could minimize the burden of the collection of the information on the respondents, such as through the use of automated collection techniques or other forms of information technology.

    Please note that an agency may not conduct or sponsor, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number.

    It is our policy to make all comments available to the public for review at the location listed in the ADDRESSES section. Before including your address, phone number, email address or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    III. Data

    OMB Control Number: 1076-0185.

    Title: Tribal Education Department Grant Program.

    Brief Description of Collection: The Secretary of the Interior, through the Bureau of Indian Education, may solicit grant proposals from Federally-recognized tribes and their Tribal Education Departments (TEDs) for projects defined under 25 U.S.C. 2020. These funds are necessary to assist TEDs to improve educational outcomes for students and improve efficiencies and effectiveness by planning and coordinating all educational programs for Bureau-funded schools for the respondent to receive or maintain a benefit.

    Type of Review: Revision to a currently approved collection.

    Respondents: Federally-recognized tribes and their Tribal Education Departments (TEDs).

    Number of Respondents: 13.

    Total Number of Responses: 63.

    Frequency of Response: One time proposal submission, quarterly, and annual reports.

    Obligation to Respond: Response required to obtain or retain a benefit.

    Estimated Time per Response: One time proposal submission is 111 hours, 1 hour to prepare a quarterly report, and 2 hours to prepare an annual report.

    Estimated Total Annual Hour Burden: 1,503 hours.

    Estimated Total Annual Non-Hour Dollar Cost: $5,359.

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2015-30305 Filed 11-27-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Renewal of Agency Information Collection for Leases and Permits AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of submission to OMB.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Bureau of Indian Affairs (BIA) is submitting to the Office of Management and Budget (OMB) a request for approval for the collection of information for Leases and Permits. The information collection is currently authorized by OMB Control Number 1076-0155, which expires November 30, 2015.

    DATES:

    Interested persons are invited to submit comments on or before December 30, 2015.

    ADDRESSES:

    You may submit comments on the information collection to the Desk Officer for the Department of the Interior at the Office of Management and Budget, by facsimile to (202) 395-5806 or you may send an email to: [email protected] Please send a copy of your comments to: Ms. Sharlene Round Face, Office of Trust Services, Bureau of Indian Affairs, 1849 C Street NW., Mailstop 3642—MIB, Washington, DC 20240; email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharlene Round Face, Office of Trust Services, Bureau of Indian Affairs, 1849 C Street NW., Mailstop 3642—MIB, Washington, DC 20240; email: [email protected] You may review the information collection request online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The Bureau of Indian Affairs (BIA) is seeking renewal of the approval for information collection conducted under 25 CFR 162, Leases and Permits, for the review and approval of leases and permits on land the United States holds in trust or restricted status for individual Indians and Indian Tribes. This information collection allows BIA to review applications for leases and permits, modifications, and assignments, and to determine:

    (a) Whether or not a lease may be approved or granted;

    (b) The value of each lease;

    (c) The appropriate compensation to landowners; and

    (d) Provisions for violations of trespass.

    A response is required to obtain or retain a benefit.

    II. Request for Comments

    On September 14, 2015, BIA published a notice announcing the renewal of this information collection and provided a 60-day comment period in the Federal Register (80 FR 55146). There were no comments received in response to this notice.

    The BIA requests your comments on this collection concerning: (a) The necessity of this information collection for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency's estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used; (c) Ways we could enhance the quality, utility, and clarity of the information to be collected; and (d) Ways we could minimize the burden of the collection of the information on the respondents.

    Please note that an agency may not conduct or sponsor, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number.

    It is our policy to make all comments available to the public for review at the location listed in the ADDRESSES section. Before including your address, phone number, email address or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    III. Data

    OMB Control Number: 1076-0155.

    Title: Leases and Permits, 25 CFR 162.

    Brief Description of Collection: Generally trust and restricted land may be leased by Indian land owners, with the approval of the Secretary of the Interior, except when specified by statute. Submission of this information allows BIA to review applications for obtaining, modifying and assigning leases and permits of land that the United States holds in trust or restricted status for individual Indians and Indian Tribes. The information is used to determine approval of a lease, amendment, assignment, sublease, mortgage or related document. A response is required to obtain or retain a benefit.

    Type of Review: Revision of a currently approved collection.

    Respondents: Individual Indians and Indian Tribes seeking to lease their trust or restricted land and businesses that lease trust and restricted land.

    Estimated Number of Respondents: 99,340.

    Frequency of Response: In general, once per approval per lease. Some collections occur upon request for modification or assignment or upon a trespass violation, which occur, on average, fewer than once per lease. Additionally, rent payments occur, on average, once per month.

    Obligation To Respond: Response required to obtain a benefit.

    Estimated Time per Response: Ranges from 15 minutes to 3 hours.

    Estimated Total Annual Hour Burden: 82,913 hours.

    Estimated Total Annual Non-Hour Dollar Cost: $1,813,000.

    Elizabeth K. Appel, Director, Office of Regulatory Affairs and Collaborative Action—Indian Affairs.
    [FR Doc. 2015-30330 Filed 11-27-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNML03010 L51100000.GN0000 LVEMG11CG230 XXXL5017AR] Notice of Availability of the Copper Flat Copper Mine Draft Environmental Impact Statement, Sierra County, NM AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (Draft EIS) for the Copper Flat Copper Mine and by this notice is announcing the opening of the comment period.

    DATES:

    To ensure comments will be considered, the BLM must receive written comments on the Copper Flat Copper Mine Draft EIS within 45 days following the date the Environmental Protection Agency publishes its Notice of Availability in the Federal Register. The BLM will announce future meetings or hearings and any other public involvement activities at least 15 days in advance through public notices, media releases, and/or mailings.

    ADDRESSES:

    You may submit comments related to the Copper Flat Copper Mine by any of the following methods:

    Email: [email protected]

    Fax: (575) 525-4412.

    Mail: BLM Las Cruces District Office, Attention: Doug Haywood, 1800 Marquess Street, Las Cruces, NM 88005.

    Copies of the Copper Flat Copper Mine Draft EIS are available at the Las Cruces District Office at the above address and public libraries in Hillsboro, New Mexico, at 158 Elenora Street, and Truth or Consequences, New Mexico, at 325 Library Lane. The Draft EIS and supporting documents are also available electronically on the Copper Flat Project (Project) Web site at: www.blm.gov/nm/copperflateis.

    FOR FURTHER INFORMATION CONTACT:

    Doug Haywood, telephone (575) 525-4498; address 1800 Marquess Street, Las Cruces, NM 88005; email [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The Copper Flat Copper Mine is the proposed reestablishment of a poly-metallic mine and processing facility located near Hillsboro, New Mexico, that would produces copper, gold, silver, and molybdenum. The Proposed Action is to approve the Project as proposed, consisting of an open pit mine, flotation mill, tailings impoundment, waste rock disposal areas, a low-grade ore stockpile, and ancillary facilities. In most respects, the facilities, disturbance, and operations would be similar to the former operation. The Project is owned and operated by the New Mexico Copper Corporation (Copper Corporation), a wholly owned subsidiary of THEMAC Resources Group Limited. The Project is comprised of 963 acres (841 acres of proposed disturbance and 122 acres undisturbed) of private land and 1,227 acres (745 acres of proposed disturbance and 482 acres undisturbed) of public land, for a total of 2,190 acres. The proposed mining plan of operations was submitted by the Copper Corporation to the BLM in June 2011and is based upon the plan of development that Quintana Mineral Corporation used in the previous operation of Copper Flat mining activities in 1982. The Project includes upgrades and modifications based on current engineering designs and regulations and was intentionally developed to re-use the existing foundations, production wells, and water pipeline that were employed by the previous Quintana operation. Four Alternatives are analyzed: No Action, Proposed Action, Alternative A, and Alternative B. The Preferred Alternative (Alternative B) is different than the Proposed Action in that ore would be processed at a faster rate, therefore shortening the mine life of the Project.

    Under the Proposed Action, the BLM would approve the Copper Corporation's plan to process 17,500 tons per day of copper ore over a mine operations period of 16 years, resulting in 100 million tons of ore processed over the mine life. Alternative A would process 25,000 tons per day of copper ore over a mine operations period of 11 years, resulting in 103 million tons of ore processed over the mine life. Alternative B would process 30,000 tons per day of copper ore over a mine operations period of 12 years, resulting in 125 million tons of ore processed over the mine life.

    Mitigation of impacts are proposed in the mining plan of operations for reducing water quality effects; reducing the effects of the spread of nonnative vegetation and noxious weeds; providing protection to special-status bird species; pre-development surveying for bat species; developing measures to avoid, minimize, or mitigate the adverse effects to historic properties; reducing adverse impacts on historic properties; informational signing for mining as a resource to reduce visual impacts; fencing to prevent injury or loss of livestock from mining operations; reducing “boom and bust” socioeconomic impacts; reducing public concerns about potential company bankruptcy; and reducing effects to environmental justice populations.

    The scoping period began on January 9, 2012, and ended on March 9, 2012. Scoping meetings were held in Hillsboro and Truth or Consequences, New Mexico, on February 22 and 23, 2012, respectively. During the open house portion of the meeting, the public had opportunities to speak with representatives of the BLM, the State of New Mexico, and the Copper Corporation. Several display stations were featured with exhibits, maps, fact sheets, and other informational materials. The key issues identified from public scoping focused on water, biological resources, traffic, and social and economic concerns.

    The BLM has prepared the Draft EIS in conjunction with its four Cooperating Agencies: The New Mexico Department of Game and Fish, New Mexico Environment Department, New Mexico Energy, Minerals and Natural Resources Department, and New Mexico Office of the State Engineer.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    40 CFR 1506.6, 40 CFR 1506.10.

    Aden L. Seidlitz, Acting State Director.
    [FR Doc. 2015-30293 Filed 11-27-15; 8:45 am] BILLING CODE 4310-FB-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-19771; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before November 7, 2015, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by December 15, 2015.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th Floor, Washington, DC 20005; or by fax, 202-371-6447.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before November 7, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    California Los Angeles County Lincoln Place Apartments, Lake & Penmar Aves., Frederick St. & Alley to S., Los Angeles, 15000911 Tank Site, The, Address Restricted, Topanga Canyon, 15000912 Napa County

    Chateau Pacheteau, 1670 Diamond Mountain Rd., Calistoga, 15000913

    Santa Cruz County Headquarters Administration Building, (National-State Cooperative Program and the CCC in California State Parks MPS) 21600 Big Basin Way, Boulder Creek, 15000914 Iowa Madison County Winterset Courthouse Square Commercial Historic District, Roughly bounded by Green & 2nd Sts., 2nd Ave. & alley S. of Court Ave., Winterset, 15000915 Muscatine County West Liberty Fairgrounds Historic District, 101 N. Clay St., West Liberty, 15000916 Polk County American Republic Insurance Company Headquarters Building, 601 6th Ave., Des Moines, 15000917 Harbach, L. and Sons Furniture Warehouse and Factory Complex, 300-316 SW. 5th St., Des Moines, 15000918 New Hampshire Hillsborough County Nashua Gummed and Coated Paper Company Historic District, 34, 44, 55 Franklin & 21, 25 30 Front Sts., Nashua, 15000919 New Jersey Hudson County Butler Brothers Warehouse, (Terminal Distribution Warehouses of Hudson County, New Jersey MPS) 344-350 Warren St., Jersey City, 15000920 Merchant's Refrigerating Company Warehouse, (Terminal Distribution Warehouses of Hudson County, New Jersey MPS) 124-142 1st St., Jersey City, 15000921 New York Niagara County Mount St. Mary's Hospital, 515 6th St., Niagara Falls, 15000922 Onondaga County Shepard Family Houses, 28 W. Genesee & 6 Hannum Sts., Skaneateles, 15000923 Saratoga County Beecher, Eli and Diadama, House, 2 Military Rd., Edinburg, 15000924 Virginia Hanover County Virginia Industrial Home School for Colored Girls, 11391 Barrett Center Rd., Mechanicsville, 15000926 Nelson County Rock Cliff, 12615 Norwood Rd., Wingina, 15000927 Wyoming Johnson County Wold Bison Jump, Address Restricted, Barnum, 15000928 Sweetwater County Saints Cyril and Methodius Catholic Church and Rectory, 633 Bridger Ave., Rock Springs, 15000929

    In the interest of preservation, a request for removal/re-listing has been received for the following resource:

    Puerto Rico Arecibo County National Astronomy and Ionosphere Center, Esperanza Ward, San Rafael Sector, Rd. 625, Arecibo, 07000525
    Authority:

    36 CFR 60.13.

    Dated: November 12, 2015. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2015-30254 Filed 11-27-15; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-19735;PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before October 31, 2015, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by December 15, 2015.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th Floor, Washington, DC 20005; or by fax, 202-371-6447.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before October 31, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    ARIZONA Maricopa County Date Palm Manor Historic District, 2024-2106 S. Mill Ave, 5-1377 W. Palmcroft, 32-121 W. Palmdale, 2019-2025 S. Dateland & 2015-2030 Dromedary Drs., Tempe, 15000883 Tomlinson Estates Historic District, 1320-1437 E. Hall & 1300-1404 E. Lemon Sts., Tempe, 15000884 HAWAII Honolulu County Friendship Garden, 45-226 Kokohahi Pl., Kaneohe, 15000885 INDIANA Johnson County Bethel African Methodist Episcopal Church, 499 W. Madison St., Franklin, 15000886 Marion County Indianapolis Athletic Club, 350 N. Meridian St., Indianapolis, 15000887 Marshall County Bourbon Community Building—Gymnasium, (Indiana's Public Common and High Schools MPS) 800 N. Harris St., Bourbon, 15000888 Montgomery County Spring Ledge, 3268 & 3270 W. Country Club Rd., Crawfordsville, 15000889 Sullivan County Shelburn Interurban Depot—THI&E Interurban Depot, 3 N. Railroad St., Shelburn, 15000890 Tippecanoe County Happy Hollow Heights Historic District, 1821 & 1809 Happy Hollow Rd., all houses on Laurel, Hollowood, Fearnleaf & Sumac Drs., West Lafayette, 15000891 Wayne County Forest Hills Country Club, 2169 S. 23rd St., Richmond, 15000892 IOWA Johnson County Union Bakery, 203 N. Linn, Iowa City, 15000893 Linn County St. James United Methodist Church, (Religious Properties of Cedar Rapids MPS) 1430 Ellis Blvd., NW., Cedar Rapids, 15000894 Polk County Studebaker Corporation Branch Office Building, (Architectural Legacy of Proudfoot & Bird in Iowa MPS) 1436-42 Locust St., Des Moines, 15000895 MISSOURI St. Louis Independent city Grand—Over Park Historic District, Bounded by S. Grand Blvd., Bates St. & alleys W. of Dewey Ave. & S. of Bowen St., St. Louis (Independent City), 15000896 NEBRASKA Buffalo County Gibbon Baptist Church, 917 2nd St., Gibbon, 15000897 NORTH CAROLINA Cleveland County Shelby Cotton Mill, 500 S. Morgan St., Shelby, 15000898 Columbus County Tabor City Commercial Historic District, Includes Hickman Rd., W. 5th, E. & W. 4th & S. Main Sts., Tabor City, 15000899 Polk County Downtown Tryon Historic District, Both sides of N. & S. Trade Sts., RR. right-of-way between 98 N. & 55 S. Trade Sts., Tryon, 15000900 OHIO Cuyahoga County Lake Shore Bank and Cleveland Public Library St. Clair Branch, 5410 St. Clair Ave. & 1368 E. 55th St., Cleveland, 15000901 Franklin County Municipal Light Plant, 555 W. Nationwide Blvd., Columbus, 15000902 Miami County Zollinger, S., Company Building, 101 S. Wayne St., Piqua, 15000903 RHODE ISLAND Providence County Prospect Heights Housing Project, 560 Prospect St., Pawtucket, 15000904 VIRGINIA Bristol Independent city First Baptist Church, 1 Virginia St., Bristol (Independent City), 15000905 Fredericksburg Independent city Shiloh Baptist Church (Old Site), 801 Sophia St., Fredericksburg (Independent City), 15000907 Gloucester County Reed, Walter, Birthplace (Boundary Increase), 4021 Hickory Fork Rd., Gloucester, 15000906 Smyth County Smyth County Community Hospital, 565 Radio Hill Rd., Marion, 15000908 WASHINGTON Spokane County Manito Park and Boulevard, (Spokane Parks and Boulevards MPS) 1702 S. Grand Blvd., Spokane, 15000909 Thurston County Stoecker, Richard & Lydia, 1701 4th Ave., E., Olympia, 15000910

    A request to move has been received for the following resource:

    NORTH CAROLINA Wake County Hall, Rev. Plummer T., House, 814 Oberlin Rd., Raleigh, 02000501
    Authority:

    36 CFR 60.13.

    Dated: November 3, 2015. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2015-30255 Filed 11-27-15; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [MMAA 104000] Cancellation of Oil and Gas Lease Sale 237 in the Chukchi Sea Planning Area on the Outer Continental Shelf (OCS) AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Cancellation of Chukchi Sea Lease Sale 237.

    SUMMARY:

    The Department of the Interior has decided to cancel Chukchi Sea Lease Sale 237, which was scheduled to occur in 2016 under the 2012-2017 OCS Oil and Gas Leasing Program. Sale 237 is being canceled due to lack of industry interest; current market conditions (e.g., low oil prices); and the unavailability of many of the most attractive tracts, which are already under lease at this time.

    FOR FURTHER INFORMATION CONTACT:

    David Diamond, BOEM, Chief, Leasing Division, at (703) 787-1776 or [email protected]

    Dated: November 18, 2015. Abigail Hopper, Director, Bureau of Ocean Energy Management.
    [FR Doc. 2015-30299 Filed 11-27-15; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [MMAA 104000] Cancellation of Oil and Gas Lease Sale 242 in the Beaufort Sea Planning Area on the Outer Continental Shelf (OCS) AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Cancellation of Beaufort Lease Sale 242.

    SUMMARY:

    The Department of the Interior has decided to cancel Beaufort Sea Lease Sale 242, which was scheduled to occur in 2017 under the 2012-2017 OCS Oil and Gas Leasing Program. Sale 242 is being canceled due to current market conditions (e.g., low oil prices) and minimal competitive interest from industry.

    FOR FURTHER INFORMATION CONTACT:

    David Diamond, BOEM, Chief, Leasing Division, at (703) 787-1776 or [email protected]

    Dated: November 18, 2015. Abigail Hopper, Director, Bureau of Ocean Energy Management.
    [FR Doc. 2015-30300 Filed 11-27-15; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2015-0068; MMAA10400] Outer Continental Shelf (OCS), Alaska Region, Beaufort Sea Planning Area, Liberty Development and Production Plan, Extension of Public Scoping Comment Period AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Extension of public scoping comment period.

    SUMMARY:

    On September 25, 2015, BOEM published a Notice of Intent (NOI) to Prepare an Environmental Impact Statement (EIS) for the Liberty Development and Production Plan (DPP) in the Beaufort Sea Planning Area (80 FR 57873). The September 25 notice provided for a 60-day comment period, which is scheduled to end on November 24, 2015. During BOEM's scoping, the pubic recommended extending the comment period. To further the intent of the National Environmental Policy Act (NEPA) to collect information to define the scope of issues to be addressed in depth in the analyses that will be included in the EIS, and to provide additional opportunity for interested and affected parties to comment, BOEM is extending the scoping comment period for an additional 60 days to January 26, 2016.

    DATES:

    Scoping comments should be submitted by January 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For information on the Liberty DPP EIS or BOEM's policies associated with this notice, please contact Lauren Boldrick, Project Manager, BOEM, Alaska OCS Region, 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503, telephone (907) 334-5227.

    SUPPLEMENTARY INFORMATION:

    Federal, State, Tribal, and local governments and/or agencies and other interested parties may submit written comments on the scope of the EIS through the Federal eRulemaking Portal: http://www.regulations.gov. In the field entitled “Enter Keyword or ID,” enter [Docket No. BOEM-2015-0068], and then click “search.” Follow the instructions to submit public comments and view supporting and related materials available for this notice.

    Before including your address, phone number, email address or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comments to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    The NOI to prepare an EIS was issued pursuant to the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4231 et seq.), and implementing regulations at 40 CFR 1501.7 and 43 CFR 46.415.

    Dated: November 18, 2015. Abigail Ross Hopper, Director, Bureau of Ocean Energy Management.
    [FR Doc. 2015-30301 Filed 11-27-15; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR03042000, 16XR0680A1, RX.18786000.1000000] Agency Information Collection Activities Under OMB Review; Renewal of a Currently Approved Information Collection AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Reclamation has forwarded the following Information Collection Request to the Office of Management and Budget (OMB) for review and approval: Diversions, Return Flows, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin (OMB Control Number 1006-0015).

    DATES:

    OMB has up to 60 days to approve or disapprove this information collection request, but may respond after 30 days; therefore, public comments must be received on or before December 30, 2015.

    ADDRESSES:

    Send written comments to the Desk Officer for the Department of the Interior at the Office of Management and Budget, Office of Information and Regulatory Affairs, via facsimile to (202) 395-5806, or email to [email protected] A copy of your comments should also be directed to Mr. Paul Matuska, Bureau of Reclamation, Boulder Canyon Operations Office, Water Accounting and Verification Group, LC-4200, P.O. Box 61470, Boulder City, NV 89006, or via email to [email protected] Please reference OMB Control No. 1006-0015 in your comments.

    FOR FURTHER INFORMATION CONTACT:

    Paul Matuska at 702-293-8164. You may also view the information collection request at www.reginfo.gov.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    The Bureau of Reclamation delivers Colorado River water to water users for diversion and beneficial consumptive use in the States of Arizona, California, and Nevada. The Consolidated Decree of the United States Supreme Court in the case of Arizona v. California, et al., entered March 27, 2006, (547 U.S. 150 (2006)) requires the Secretary of the Interior to prepare and maintain complete, detailed, and accurate records of diversions of water, return flow, and consumptive use and make these records available at least annually. This information is needed to ensure that a State or a water user within a State does not exceed its authorized use of Colorado River water. Water users are obligated by provisions in their water delivery contracts to provide Reclamation information on diversions and return flows. Reclamation determines the consumptive use by subtracting return flow from diversions or by other engineering means. Without the information collected, Reclamation could not comply with the order of the United States Supreme Court to prepare and maintain detailed and accurate records of diversions, return flows, and consumptive use. This information collection is required to obtain a benefit.

    II. Changes to Forms

    The Form LC-72, Record of Water Diverted From Lake Mead and/or the Colorado River for Use in the State of Nevada, is no longer needed because the water entitlement holder who used the form is no longer able to withdraw water from the Colorado River.

    III. Data

    OMB Control Number: 1006-0015.

    Title: Diversions, Return Flows, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin.

    Description of respondents: The respondents will include the Lower Basin States (Arizona, California, and Nevada), local and tribal entities, water districts, and individuals that use Colorado River water.

    Frequency: Monthly and annually.

    Estimated total number of respondents: 53.

    Estimated number of responses per respondent: 1 annually and/or 12 monthly

    Estimated total number of annual responses: 196.

    Estimated total annual burden hours: 33 hours.

    Form Numbers: LC-72A and LC-72B.

    Estimated burden for each form: 10 minutes.

    IV. Request for Comments

    A Federal Register notice with a 60-day public comment period soliciting comments on this collection of information was published on September 28, 2015 (80 FR 58294). No comments were received on this information collection.

    We again invite comments concerning this information collection on:

    (a) Whether the proposed collection of information is necessary for the proper performance of our functions, including whether the information will have practical use;

    (b) The accuracy of our burden estimate for the proposed collection of information, including the validity of the methodology and assumptions used;

    (c) Ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    (d) Ways to minimize the burden of the collection of information on respondents.

    An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Reclamation will display a valid OMB control number on the forms.

    V. Public Disclosure

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: November 9, 2015. Terrance J. Fulp, Regional Director, Lower Colorado Region.
    [FR Doc. 2015-29871 Filed 11-27-15; 8:45 am] BILLING CODE 4332-90-P-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-950] Certain Electronic Products, Including Products With Near Field Communication (“NFC”) System-Level Functionality and/or Battery Power-Up Functionality, Components Thereof, and Products Containing Same AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice of Commission Determination not to review an initial determination granting a joint motion to terminate the investigation based on a patent license agreement; termination of the investigation.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (“ALJ”) initial determination (“ID”) (Order No. 14) that granted a joint motion to terminate the above-captioned investigation based on a patent license agreement. The investigation is terminated.

    FOR FURTHER INFORMATION CONTACT:

    Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission instituted this investigation on March 19, 2015, based on a complaint filed by NXP B.V. of The Netherlands and NXP Semiconductors USA, Inc. of San Jose, California (collectively, “NXP”). 80 FR 14406-07 (Mar. 19, 2015). The complaint was supplemented on February 27, 2015. The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic products, including products with near field communication (“NFC”) system-level functionality and/or battery power-up functionality, components thereof, and products containing same by reason of infringement of certain claims of six United States patents. The notice of investigation named Dell, Inc. of Round Rock, Texas (“Dell”), as the sole respondent. Id. at 14407.

    On October 16, 2015, NXP and Dell filed a joint motion to terminate the investigation on the basis of a patent license agreement between the parties. Order No. 14 at 1. On October 26, 2015, the Commission investigative staff filed a response supporting the motion. Id.

    On October 26, 2015, the ALJ issued the subject ID (Order No. 14) granting the joint motion to terminate the investigation. The ALJ found that the joint motion complies with the Commission's rules for termination and that the agreement does not adversely affect the public interest.

    No petitions for review were filed. The Commission has determined not to review the subject ID.

    The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: November 23, 2015. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2015-30276 Filed 11-27-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-468 and 731-TA-1166-1167 (Review)] Certain Magnesia Carbon Bricks From China and Mexico; Scheduling of Expedited Five-Year Reviews AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order and countervailing duty order on certain magnesia carbon bricks from China and the antidumping duty order on certain magnesia carbon bricks from Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

    DATES:

    Effective: November 6, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Traw, (202-205-3062), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—On November 6, 2015, the Commission determined that the domestic interested party group response to its notice of institution (80 FR 46050, August 3, 2015) of the subject five-year reviews was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting full reviews.1 Accordingly, the Commission determined that it would conduct expedited reviews pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)).

    1 A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site.

    For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

    Staff report.—A staff report containing information concerning the subject matter of the reviews was placed in the nonpublic record on November 19, 2015, and made available to persons on the Administrative Protective Order service list for these reviews. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules.

    Written submissions.—As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the reviews and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the reviews may file written comments with the Secretary on what determinations the Commission should reach in the reviews. Comments are due on or before December 3, 2015 and may not contain new factual information. Any person that is neither a party to the five-year reviews nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the reviews by December 3, 2015. However, should the Department of Commerce extend the time limit for its completion of the final results of its reviews, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. Please be aware that the Commission's rules with respect to filing have changed. The most recent amendments took effect on July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-filing, available from the Commission's Web site at http://edis.usitc.gov.

    2 The Commission has found the response submitted by Magnesia Carbon Bricks Fair Trade Committee to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)).

    In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the reviews must be served on all other parties to the reviews (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Determination.—The Commission has determined these reviews are extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. § 1675(c)(5)(B).

    Authority:

    These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.

    By order of the Commission.

    Dated: November 24, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-30282 Filed 11-27-15; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 14-19] Daniel A. Glick, D.D.S.; Decision and Order

    On January 9, 2015, Chief Administrative Law Judge John J. Mulrooney, II (hereinafter, CALJ), issued the attached Recommended Decision (cited as R.D.).1 Therein, the CALJ found that Respondent knowingly and materially falsified three renewal applications he submitted (in 2006, 2009, and 2012) for his DEA registration, when he failed to disclose that in 2003, he entered into a Consent Agreement with the Ohio State Dental Board pursuant to which his dental license was indefinitely suspended, and after his license reinstated, he was placed on probation. R.D. at 19-22.

    1 All citations to the Recommended Decision are to the slip opinion as issued by the CALJ.

    Having concluded that the Government had “made out a prima facie case” to revoke Respondent's registration, id. at 22, the CALJ further found that he “has not tendered an unequivocal acceptance of responsibility” and was therefore “foreclosed from a favorable result in these proceedings.” Id. at 23. And, after finding that the egregiousness of Respondent's misconduct was “enhanced by the fact that it was repeated on three occasions,” id., the CALJ further found that the Agency's interests in both specific and general deterrence supported the revocation of his registration. Id. at 23-25.

    Respondent filed Exceptions to the CALJ's Decision. Having considered the record in its entirety including Respondent's Exceptions, I have decided to adopt the CALJ's factual findings, conclusions of law, and recommended order. A discussion of Respondent's Exceptions follows.

    Respondent takes exception to the CALJ's finding that he did not adequately accept responsibility for his misconduct. Specifically, Respondent takes issue with the following reasoning in the CALJ's Recommended Decision:

    [t]o satisfy his modest burden to accept responsibility would have required, at a minimum, an acknowledgment that he knew and understood the answers were false when the applications were presented and thereafter. Even in his Closing Brief, the Respondent does not unequivocally state he was wrong and unreasonable at the time the DEA . . . renewal applications were submitted, but merely posits that he “now agrees that he should have consulted with an attorney, someone with the federal government, or with the DEA specifically, before answering the liability question [on] the . . . application.” R.D. 23 (quoting Resp. Post-Hrng. Br. at 3); see also Resp. Exceptions at 2-3.

    According to Respondent, he “did in fact accept responsibility and present an understanding that his answers were false.” Exceptions at 2. Quoting from his proposed factual findings, his counsel argues that “ ‘[i]n retrospect, Respondent understands that he made a mistake in providing `no' [answers] to various liability questions. Respondent had no intention of being deceitful.’ ” Id. at 3 (quoting Post-Hrng. Br., at ¶ 11 (citing Tr. 124)). Further quoting from his proposed factual findings, Respondent's counsel argues that he “ ‘is now fully aware of the importance of providing truthful answers’ ” to the application's questions. Id. (quoting Post-Hrng. Br., at ¶ 12 (citing Tr. 127)). According to Respondent, “these statements indicate that not only was Respondent aware that the statements he made on his application were false, but also that he now appreciated the importance of providing truthful answers.” Id.

    Having reviewed Respondent's testimony, I agree with the CALJ's conclusion that Respondent has not unequivocally acknowledged his misconduct. To be sure, Respondent did answer “yes” when asked by his counsel whether “[i]n retrospect, would you say that was a mistake?” Tr. 124. Yet a review of the record shows that “that” was not a reference to the three DEA applications he falsified but rather to an application for malpractice insurance. See id. at 122-24. As for Respondent's citation to the testimony at Tr. 127, here too, the questions failed to specifically refer to his DEA applications, rather than such generalities as his “obligation to the patient populations that you treat,” id. at 126, “the importance of answering truthfully questions that may impact on that ability,” and “questions that were placed to you by PPOs.” Id. at 127.

    When Respondent did address why he provided a “no” answer to the question on the DEA applications regarding whether he had ever been disciplined by state licensing or controlled substance authorities, he claimed that he called either of two investigators for the State Dental Board and was “specifically told” that he could “answer no” on his DEA applications. Tr. 115-16. When pressed by the CALJ as to why he would ask investigators for the Dental Board how to answer questions on the DEA applications, Respondent testified:

    At the time I was asking about everything. So their answers were, and obviously I jumped and assumed, but their answers were, yeah, you can answer no. When I did and nothing happened, I took that as they know what they're talking about. I never had dealt with this previously, so I didn't know, you know, how to deal with it, and they're the only people I could talk to.

    Tr. 116-17. When then asked by the CALJ “why wouldn't you call DEA?” Respondent answered: I don't know. I just—I think I assumed that the Ohio State Dental Board is my governing board of everything. In my mind, I don't separate it out, but I know it is a different thing and a different application, but, you know, without a dental license I can't get a DEA license, so my assumption is that the Ohio State Dental Board regulates or oversees all of my aspects of my license. Id. at 117. And when asked by the CALJ whether, if he “issued a subpoena to these two investigators . . . they would remember that they gave you advice on the DEA application and . . . didn't just say you need to talk to DEA about DEA's requirement?” Respondent testified that “they might not remember a specific conversation, but they may recollect it.” Id. at 117-18. Respondent did not, however, call to testify either of the Board's Investigators who purportedly told him that he could provide a “no” answer to the DEA question.2

    2 The record shows that one of the Board's investigators was subpoenaed by Respondent but did not appear because of illness. See Order Canceling Hearing and Setting Filing Deadlines, at 1 (Dec. 1, 2014). While the CALJ continued the matter to allow Respondent to call this witness, Respondent eventually decided not to call the witness and rested on the evidence he had previously presented. Id.; see also R.D. 21 n.40.

    Later, on cross-examination, the Government asked Respondent: “. . . if DEA asked you or if the PPO asked you or if the pharmacy board asked you about any previous disciplinary actions, do you understand the objective in their asking you whether you had any previous disciplinary actions with a licensing board?” Tr. 129. Respondent answered: “I don't think they explain the reason why they're asking.” Id. After Respondent eventually conceded that protecting the public was the reason why these entities asked this question, the Government asked Respondent: “[s]o how do you balance your reputational c